I came across a very interesting court martial while I was researching for my book Thundering Cannons Howell's Texas Battery in the Indian Nations. I found the information in Austin Tx.
Here is now I wrote about it in my book. It happened during the sept. 64 cabin creek engagement.
"Another item found on the wagon train was a large cache of liquor. general Stand Watie perceived the problems this could cause and attempted to stem the inevitable by suggesting that the Yankees poisoned the liquor and that it should be poured out. Once discovered, however, the temptation became too great for many men to resist, and some became quite intoxicated. Such was the conditionn of Captain William Welch who was in command of the Gano Guards. By the time the battle was over Captain Welch was in a state of deiicate health and was physically exhausted after being up all tnight on picket duty. Additionally the night had been very cold, and Captain Welch had not eaten in more than twenty-four hours.
the effect of the liquor on Welch was therefore instantaneous. As the members of the battery were making preparations to return south, an unfortunate incident occurred. As Captain welch, with revolver in hand approached the battery a single shot rang out. When the smoke had cleared away, private Samuel Henderson of Howell's battery lay crumpled on the ground in a pool of blood. The shot had struck him in the head, killing him immediately.
Subsequently, they charged Captain Welch with disorderly conduct to the prejudice of good order and military discipline. A general court marshal at the Headquarters of Gano's Brigade was convened in early Feb. 65. Welch plead not guilty to the charge, but was found guilty by the court and sentenced to be dismissed from the service of the Confederate States. There had been three witnesses for the prosecution one of which, private Shepley belonged to Howell's battery. But before the sentence was curried out, a second hearing was conviened, and the orginal sentence was reversed. They decided that becausse of his previous good character and the lack of any evil intent, along with the fact that he had performed his duty in the capture of the train, the court unanimously recommended and granted his clemency. HE was released from arrest and restored to active duty. No doubt the court's reversal was in large part due to the influence of his father, Lieutenant colonel Otis G. Welch, who presided over the second hearing.
spondulix