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The killing of Rufus P. Martin Sgt. 5th Georgia

The following is a story about a former Confederate William H. Brewer who had changed sides after his capture at Gettysburg and joined the Union Cavalry. After the War he had moved to a different town in Georgia and became a resident of Dawson, Georgia. Before long word had spread about his duty as a galvanized Yankee. Was it murder or self defense? Rufus P. Martin appears to have had a good service record with the Confederate Army and was a veteran of many hard fought battles and this point is not mentioned in witness accounts. What happened in Dawson, Georgia in November 1866 was the talk of Terrell County and surrounding counties for weeks. The news had even reached the White House. (Note: many of the transcripts I have paraphased as they were in great length)

William H. Brewer - A former Confederate with Company D 2nd Battalion, Georgia Infantry. He was with Hill's Corps; Anderson's Division; Wright's Brigade at the Gettysburg campaign. Confederate CMSR's report him as enlisting on April 20, 1861 at Griffin, Georgia for 12 months and spent more time in hospitals both in Griffin, Georgia and Richmond, Virginia than in the field and complained of diarrhea and catarrh and appears to have been well enough to take his furlough in between his visits to hospitals. Federal POW records state he was taken as a prisoner of war at the Gettysburg campaign and reported to Union authorities that he had been conscripted into the Confederate Army and was born in Georgia. Federal POW records report him as being desirous of joining Union Army and being transferred to Colonel C.C. Tevis commanding the 3rd Maryland Cavalry at Fort Delaware and of having special orders from Secretary of War; Edwin M. Stanton for allowing former Confederates to join the Federal Army. 3rd Maryland Cavalry CMSR's list him as being originally with Company G and enlisting on September 18th and being mustered in on September 24, 1863 and his physical description was hazel eyes; light hair; light complexion; and 5' 4 and one half inches in height and was a merchant prior to the War and reported his birth as Walton County, Georgia and reported his age as 22. 3rd Maryland Cavalry CMSR's list his promotion to Corporal on September 24, 1863. (It appears that the Confederate hospitals had some amazing doctors for he never once was in the hospital for the second half of the War) 3rd Maryland Cavalry CMSR's report him as being discharged on June 21, 1865 so that he could enlist in the 1st United States Regular Infantry. Records are unclear as to how William H. Brewer was discharged and from what organization but he appears to have had a honorable discharge in 1865. William H. Brewer moved to Dawson, Georgia located in Terrell County.

"THE KILLING OF RUFUS P. MARTIN" On November 26, 1866 a citizen named Rufus P. Martin was shot and killed by William H. Brewer who himself was a citizen of Dawson, Georgia. William H. Brewer had written a letter to President Andrew Johnson asking for help after the homicide of Rufus P. Martin. 2nd Lieutenant L.E. Campbell with the 33rd United States Infantry wrote a letter on February 25, 1867 from Cuthbert, Georgia to Captain O.C. Knapp in Macon, Georgia the Post Adjutant of the 33rd United States Infantry explaining he was going to Dawson, Georgia to investigate the homicide as he had heard of Brewer being a former Federal soldier and wanted to be sure he received a fair hearing. After talking to Brewer who was released on a $5,000.00 bond the Lieutenant began to aid Brewer insofar as witnesses and sworn testimonies. Each side produced many witnesses and the accounts were as different as night and day. For the prosecution were Dawson, Georgia citizens such as Abner F. Jones (Living in Randolph County next to Terrell County and born in 1841 according to 1860 census would have been 25 years old) James E. Day_____? James P. Sharp (citizen of Randolph County in the 1860 census next to Terrell County born in 1839 would have been 27 years old) M.S. Glass (resident of Terrell County born 1832 would have been 34 years old) James P. Avent (resident of Terrell County spelled James B. Avent born in 1837 and would have been 29 years old) Patrick Ward (No Patrick Ward's listed in Terrell County in the 1860 census) Harrison Rogers (No Harrison Rogers or Rodgers listed in the 1860 census for Terrell County) all of these men were of the opinion that William H. Brewer could have a fair hearing in the Terrell County Superior Court when asked that question. For the defense were Dawson County citizens such as George W. Walker (However, according the 1860 census he was only seven years old in 1866 and is the only George Walker listed in Terrell County) W.H.H. Barham (Again no Barham's or Parham's listed in Terrell County according to the 1860 census) William P.W. Lennard (born in 1800 and a resident of Terrell County would have been 66 years old) Moses H. Baldwin (a citizen of Terrell County born in 1814 and would have been 52 years old) James Pool (a citizen of Terrell County born in 1820 would have been age 46) John W. Reddick (no one by that last name living in Terrell County in the 1860 census) John W. Dunbar (No Dunbar's listed in the 1860 census in Terrell County) The men for the defense submitted testimony that William H. Brewer would not receive a fair hearing in Terrell County, Georgia. The victim Rufus P. Martin had been born in Terrell County in 1833 and would have been about 33 years old and was a former Confederate Sergeant with Company E 5th Regiment, Georgia Infantry and been captured in November 1864 and held in prison at Fort Delaware and was released at the end of the War. Likewise Abner Jones (a prosecution witness had been a former Confederate Sergeant in Company G 13th Regiment, Georgia Infantry had surrendered with his command at the end of the War) Likewise James P. Sharpe also spelled as Sharp (a prosecution witness had been a former Confederate Private in Company E 13th Regiment, Georgia Infantry and had surrendered with his command at the end of the War) Likewise Patrick Ward (a prosecution witness) former Confederate Corporal with Company K 31st Georgia Infantry enlisted in Dawson, Georgia in 1862, captured at Battle of Monocacy, Maryland on July 10, 1864 and sent to Fort McHenry before being transferred to Point Lookout, Maryland) M.S. Glass (a prosecution witness no military records could be found) James B. Avent (a prosecution witness, no military record could be found) Harrison Rogers (a prosecution witness, no military records could be found) At this point we have a former Confederate killed in his hometown by a galvanized Yankee from Georgia who was born about 150 miles away from Terrell County and four of the eight prosecution witnesses were former Confederate soldiers from Terrell and nearby Randolph County, Georgia. The following is a brief summary of what the prosecution witnesses under oath said. On the day before Rufus P. Martin was killed on Monday November 26, 1866 Abner F. Jones stated that on Sunday in the town of Dawson "he heard Brewer cursing the Yankees and saying he (Brewer) was a rebel soldier that he had fought the damned Yankees and would fight them again if anyone did not believe it, just show him a damned Yankee and he would show them if he would fight them or not." James Sharp and M.S. Glass and James B. Avent and James E. Day____? all made an oath to hearing the same thing. They said that on Sunday November 25, 1866 while in Dawson they heard William H. Brewer "curse and abuse the Yankees, and the Yankee government. Brewer said that he had belonged to the rebel army, that he had fought the Yankees and he would fight them again, that he was a good Southern man and had never belonged to the Yankee army and just dared any man to face him and accuse him of ever being in the Yankee army and that if any man would show him a damned Yankee that he would show them whether he would fight or not. They also heard Brewer say that a man by the name of La____? had circulated the report that he (Brewer) had deserted the rebel army and joined the Yankee army and that if La____? would tell him so he would shoot his damned head off." Patrick Ward and M.S. Glass under oath witnessed the shooting and said "They saw both parties come out of the house of William Baldwin heard some talking but could not understand was said but saw Brewer advancing on Martin with his pistol in his hand Martin giving back holding up both his hands, with nothing in them in a begging attitude when Brewer shot him, Martin turned off, walked a few steps, fell and died." Harrison Rogers under oath said "I was passing along the street at a distance of about thirty steps from where the parties were when he heard a loud voice saying Is that for me? I say, is that for me? These questions were asked by Brewer, Martin the deceased answered him by saying No, then Brewer said pull it out you damned scoundrel. Martin answered I have nothing for you at the same time holding up both his hands open and nothing in them. Brewer had his pistol cocked holding it presented it at the breast of Martin and said you are a damned liar and shot him. Martin walked eight or ten steps, fell and died in a few minutes." Now for the defense witnesses. Moses Baldwin under oath said "I had heard previous to the day of the homicide that Mr. Brewer was in danger and I informed him of the fact and advised him to arm himself and to always be prepared for he did not know when where he would be attacked. I saw White and Martin and they being disposed to create a disturbance I went to the back room of the store and asked Brewer if he had his pistol, he replied he did not have it. I then said to him did I not tell you to keep your pistol with you and told him to get it and not go without it. I told him that the boys Martin and White were out there and I thought in all probability that they would attack him but did not know that Brewer was going out or I would have stopped him. When Brewer came out of the door White and Martin began cursing at him and advancing upon Brewer. White had a knife in his hand and Martin had his hand in his pocket. Some parties finally interfered and White and Martin went off" John Dunbar a defense witness said to 2nd Lieutenant Campbell " I have mingled around town and am of the opinion that Brewer will not get a fair hearing because he was a United States soldier" Lieutenant Campbell sent this information to Assistant Adjutant General William D. Whipple. (Note: Whipple had been at Philadelphia, Pennsylvania in 1863 and had sent some former Confederates who would join the 3rd Maryland Cavalry to Fort Delaware) James Reddick a defense witness said "A short time before the homicide took place Martin came to his store in Dawson and bought a pistol saying at the same time that he would shoot the son-of-a-bitches brains out or words to that effect. I ask Martin who had struck him and Martin replied that damn Yankee about this time someone took Martin out of the store." James Pool a defense witness said "I was in Dawson on the day of the homicide, that some two hours previous to the killing I saw Rufus P. Martin with his knife drawn cursing and threatening Mr. Brewer. I interfered and took Martin away. After this took place, Martin procured a pistol, and speaking of Brewer said he intended to kill the damned Yankee deserter, words to that effect. I heard him make these threats repeatedly. At the time Martin was making his threats with his knife drawn. Martin was drinking that day and when in that condition he was a very violent and dangerous man." William Lennard (a defense witness) under oath told Lieutenant Campbell "I saw Rufus P. Martin going to the place where he was shot and a few moments before he was shot -Martin had a pistol in his side pocket the breach exposed to view. I tried to get the pistol from him but Martin refused to give it up and went in the direction where the homicide took place. I thought Martin somewhat excited" William Barham (a defense witness) said "I was present at the shooting of Rufus Martin. I got there a little before Mr. Martin did. I stopped on the passage and instead of going in I turned towards him he walked in past me, walked to the next door, he looked in and then came back to the edge of the passage, turned his face towards Mr. Brewer had his hand in his pocket he drew it out far enough for me to see the pistol. About that time Mr. Brewer walked past me towards Mr. Martin with a pistol in his hand and says it that for me? Mr. Martin dropped his hand and said No No about that time Mr. Brewer shot him. I cautioned Mr. Brewer when I first came up by telling him there comes that man with a pistol. I ask Martin's companion (White) what they were going to do, he said they were going to kill that damned Yankee." George Walker (a defense witness) took an oath to Lieutenant Campbell and said "A very short short time before Brewer shot Martin I had information that Martin had a pistol and had just loaded it. I went to Mr. Barham and notified him of the fact. This was a few moments before the killing took place." The trial was held on the 4th Monday of the month of February and the verdict was Not guilty. Federal pension records state that William H. Brewer died in Griffin, Georgia on January 7, 1910. His widow filed for a pension on December 17, 1930. Find A Grave Memorial# 92371203 list his grave at Oak Hill Cemetery in Griffin, Georgia which is in Spalding County.

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