USA > Mississippi > History of the Seventh Indiana cavalry volunteers, and the expeditions, campaigns, raids, marches, and battles of the armies with which it was connected. with biographical sketches of Brevet Major General John P. C. Shanks, and of Brever Brig. Gen. Thomas M. Browne, and other officers of the regiment; with an account of the burning of the steamer Sultana on the Mississippi river, and of the capture, trial conviction and execution fo Dick Davis, the Guerrilla > Part 16
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first of these captives gave his name as Rogers, and subsequently as J. W. Smith, and professed to be a private soldier in the 21 Missouri rebel cavalry. These prisoners were delivered on the same evening, to the General commanding, the Captain little thinking at the time that he had captured the veritable "Dick Davis," whose name was a terror to all travelers and scouting parties, and who had successfully eluded the vigilance of the United States forces for months and almost years. Yet such was the case. When he was sent to his old quarters in the Hotel DeIrving, he was at once recognized by several officers who had become acquainted with him during his previous confinement.
HE ATTEMPTS TO ESCAPE.
A prison cell was a narrow abode for one like "Dick Davis," who had been acustomed to live "with heaven for a canopy, and a whole wide world for a habitation." Although pinioned! to the floor with irons, in a strong prison, surrounded by a strong and ever-wakeful guard, and environed on all sides by an army picketing the whole circumference of the city, he did not despair, but deliberately and adroitly planned an escape. No sooner had he matured his plan, than he attempted to put it into execution. Amongst those who had been summoned as witnesses to Dick's defence, was the daughter of a planter. living near Colliersville, a Miss Anna T- -, who, dame rumor whispered, was his affianced bride. She was indeed a beautiful and captivating woman, of about twenty summers, If I was writing romance, I might indulge in a more particular descrip- tion of the bandit's effianced, but for the purposes of this sketch, it is quite sufficient for the reader to know that she was, in common parlance, pretty. Being allowed, under the circum- stances, to have an occasional interview with the prisoner, she became his confident, and cheerfully offered her assistance in forwarding his effort to escape. He wrote his plans with the minuteness of a general detailing a plan of campaign, and placed them in her keeping. She was to be the chief instru-
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ment in procuring the means by which he hoped to relax the federal grasp. As a starting point, she must procure an intro- duction to a soldier on guard; her grace and beauty were to captivate and bind him, until submissive to her will, he would gladly do her every bidding. Next in the order of preparation, she was to get the means and procure to be made, two small saws, from watch-spring steel, two saw bows, and buy a small mirror and an overcoat. The saws and bows were to be secreted between the glass and back of the mirror, the mirror to be placed in the overcoat pocket, and the beauty-smitten guard was to be induced to pass in the overcoat to the prisoner. In addition to this, Miss T- was directed to purchase two bottles, one to be filled with pure whisky, the other with whisky
drugged with laudanum. His object in directing the purchase of the "pure whisky," was not stated in his letter of instructions, but the adulterated article was to be administered to the soldiers on guard, to make "sleep peaceful and their slumbers more profound." The project went swimmingly on-the introduction was secured, the saws and bows manufactured, the overcoat and other necessaries purchased-but alas ! it is as truthful as poetic that "there's a many a slip twixt the cup and the lip," for in- stead of the fair Hebe getting her sundries into the prison, as she anticipated, she suddenly and mysteriously got there herself. The officers of the " Block," by some means or other, kept track of this embryo conspiracy, and "nipped it in the very nick of time." The imprisonment of his sweetheart shattered his last hope, and without another effort "to flee the wrath to come," he meekly and submissively acceptedl his fate.
HIS PERSONAL APPEARANCE.
On the 10th day of October, 1864, I" took my seat as Presi- dent of the Military Countmission at Memphis. The rattling of chains along the corridor, the regular and heavy step of the guard, admonished me that a prisoner was on his way to the court-room, and in a moment afterwards, "Dick Davis" stood before me. He was hand-cuffed-a chain sufficiently long to
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allow him to take an ordinary step, prevented one leg from run- ning away from the other. To each ankle was attached other chains, a yard or more in length, at the ends of which were fixed twelve pound solid shot, so that wherever he might go, he was compelled to carry with him this immense weight of metal. I have in my time, seen many in iron:, but never before had I seen one so thoroughly manacled. His personal appearance disappointed me. From his reputation-from the deeds of savage ferocity attributed to him-I had concluded that he was a giant in stature, and the personation of the very devil in feature. On both points I was mistaken in my conjectures. He was a small man, scarcely five feet seven in height, and weigh- ing only one hundred and thirty five pounds. He was neatly and trimly built, stood as straight as an arrow, and was evident- ly an active and muscular man. His foot was small-so small, that a woman might have envied it. The expression of his countenance was by no means disagreeable. His forehead was well developed, wide at the apex, but considerably depressed at the temples. He had a luxuriant growth of hair, of dark- auburn, closely cut; wore side whiskers, without mustache or goatee. The most noticible features in his whole physiognamy, were his eyes and eyebrows, the first of which were large, clear, dark and flashing-the latter heavy and projecting, and exten 1- ing continuously from the outer corner of one eye to that of th ' other. Nothing marred the harmony of his face so much as his nose, which was thick and puggish, like that of a bull-terrior, and the basilar portion of his head-his jaws and chin-which were quite heavy, showing a strong development of the animal. His age appeared to be about twenty-six years.
He was dressed in a grey jacket, brown pants, drab hat, flannel shirt and neat fitting boots.
During his protracted trial of over two months duration, his deportment in the court-room was entirely decorous; while, he exhibited none of the accomplishments of the refined gentleman, nor the blandishments of the fop, neither did he display the
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coarseness or vulgarity of the ruffian. His manners were easy and respectful. To the very last, he manifested the utmost con- fidence in his acquittal. To the evidence of the witnesses he listened attentively, made suggestions to his counsel during their examination, but never moved a muscle, even when the most revolting crimes were attributed to him. His language was generally correct and unaffected, and contained none of the "niggerisms" peculiar to the southern dialect. He wrote a neat hand-spelled his words correctly-showing his education to be above the average.
HIS TRIAL.
His trial commenced on the 11th day of October, and was concluded on the 15th of December. The charges upon which he was arraigned were, for "being a guerrilla, and carrying on irregular, illegal and unauthorized warfare against the Gover- ment of the United States." I shall not attempt to give even a synopsis of the huge mass of testimony given in the case. One instance only of savage and brutal atrocity, abundantly established by the evidence, have I time to give,
The murder of Captain Somers and men.
On the 10th of June, 1801, it will be remembered, our forces suffered an overwhelming and most humiliating defeat at the hands of the rebels, under the command of Forrest, at Brice's Cross-Roads, Mississippi. Our army was demoralize and broken into fragments, and tled from the field more like a mob than an organized troop. On the retreat, many of the infantry threw away their knap sacks and cartridge-boxes, and broke their guns, to enable them to make more speedy their flight before a victorious and pursuing enemy. Neither company nor regimental formations were kept up, but to a considerable extent every one thought only of his own personal safety, and sought to secure it by flying speedily to the defences at Memphis.
During this retreat, and on the 18th day of June, Captain Somera, Sergeant Mitchell, Privates Panky, Parks, Guernes, and
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two others whose names are unknown, all of whom belonged to Illinois regiments, had reached a point on the Memphis and Charleston railroad, two miles west of Colliersville, and within twenty-four miles of the city. They were unarmed, foot-sore, almost famished by hunger, and exhausted by a march of over a hundred miles. They had almost reached a place of safety, and hope was buoyant within them. They expected soon, no doubt, to bivouac on their old camping grounds, under the protecting shadows of the guns of Fort Pickering, and there recount with their comrades who had escaped from that bloody and disastrous field, the story of their adventures, their flight and their escape. They little dreamed of the dread doom that awaited them-that five of their little band, in a brief hour from then, would lay dead in the thicket by the road-side, and the sixth be crippled and maimed for life. But I must pass to the segnal. Just before them lay Dick Davis and his band in ambush, and as these weary and worn soldiers passed, they were greeted with a volley and a yell that to them, sounded as if "Pandemonium had opened wile its infernal gates" and turned loose on earth a hundred fiends. No shot took effect, but they were at once charged upon by the guerrillas. Being unarmed, overpowered by numbers, unable to run, no alterna- tive was left Captain Somers and his men but to surrender. This they did, thinking, doubtless, they had fallen into the hands of a generous and magnanimous enemy, by whom they would be treated as prisoners of war.
After their capture they were immediately hurried into the woods, robbed of their money, rings, coats and hats. This accomplishel, their captors took them by a by-path, to a place in a thicket of wood, two miles south of the railroad, where the party baited. The captive, with the exception of Captain Somers-who laid down on the leaves-took their seats side by side on a log. Here Dick lett them under the guard of two mon, and with the rest of his band retired a few paces and held a consultation. The brutal purpose of that consultation was
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soon made manifest. Returning to his prisoners, Dick ordered Captain Somers to take a seat on the log beside his comrades, which was immediately done. Stepping before them he said to them but a few brief words, but they were words of dreadful im- port. The heartless and piratical words. "Boys, you must all go overboard," was the laconic sentence of death passed by the guerrilla chief upon these helpless and defenceless men. The protestations, piteous supplications, and entreaties of the poor soldiers failed to touch any chord of sympathy in the robber's heart. An elderly man, of his own band-one of those who had guarded the prisoners, attempted to interpose in their be- half, but to no purpose. In a moment, ten grim executioners were in front of the doomed, and with revolvers, at the short distance of three paces, poured a volley of lead into their very bosoms. Somers, Panky, Mitchel, and the two unknown soldiers, fell forward, dead. . But He who shapes the destiny of the universe, by a mysterious providence, permitted Parks and Guernes to live, as if it was His divine purpose that they should be instrumental in bringing this inhuman monster to merited punishment. At the moment the command "fire" was given, Parks threw himself backwards over the log and escaped unhurt, and at the same instant Guernes started to run, but was less fortunate than his comrade, for in his flight he was the recipient of two bullets, one in his side, and the other in his arm-the latter one causing the amputation of his arm above the elbow. They were both pursued some distance and repeatedly shot at without further injury. The tragic fate of their companions in arms, which they had just witnessed, made them forget their fatigue and hunger, and lent a desperate energy to their flight. On the same night they fell in with other fugitives from the battle field, and subsequently arrived safely at Memphis.
We must leave the murderers and the slain together, as we can trace them for the present no further. Of the fate of Somers and his men, all that is known beyond what has been stated, is, that about the 1st of July, Lieut. Charles H.
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Hare, with a detachment of the Seventh Indiana Cavalry, visited the spot, found the bodies of five Union soldiers, stripped, putrid, and unburied. He had these remains removed to a place near the railroad, where they now lie beneath the shade of a little oak, buried in one grave, symbol of the fact that they fell in one cause and in a common butchery.
Here I must drop the curtain over this tale of blood. For fiendish atrocity, it has scarcely a parallel in the history of these times. It was a cold-blooded and inhuman butchery of defence- less men, against whom, these ontlaws, could have no malice -- they were strangers, and had done the banditti no wrong.
THE SENTENCE OF DEATH.
The Commission found Dick guilty of all the charges pre- ferred against him, and atfixed the penalty of death by hanging. This was on the 15th of December; on the 19th, Gen. Dana approved the proceedings and sentence of the court, and directed the execution to take place on the 23d of the same month. Truly, it was a brief time in which to prepare to die-but it was much longer than that allottel poor Somers and his men. He received information of his sentence with apparent unconcern. immediately assumed his true name, and commenced prepar- ations for death. He wrote to his friends, instructing them what disposition to make of his property, and in what manet to pay his debts. He made but one bequest, and that was of his favorite race horse, which had been his companion in his ex- pelitions of blood, and that he directed to be given to his friend !. Miss .Anna T ----. To the members of his band he wrote a touching farewell, requesting them not to avenge his death by retaliating upon innocent men. These letters were all read by to, and were subsequently forwarded by the authorities through. the lines. He had an interview with one of his counsel, E. B. Woodward, Esq., on the day before his execution, and appeare ! perfectly calin, talking of his approaching death as a matter of little consequence at most. Of the Court by which he was trie!
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and condemed, and . of the witnesses against him, he spoke no word of bitterness or reproach.
THE GALLOWS.
At a little after noon, on the 23d day of December, Dick Davis was taken from the "Block," placed in an ambulance, and conveyed under guard to the gallows within Fort Pickering. He was accompanied by his spiritual adviser, a Catholic Priest, who had remained with him during the preceeding night. The day was beautiful, bright and clear. The troops of the garrison and a large assemblage of officers and citizens were present to witness the departure of the noted outlaw to another world. In company with the priest, he ascended the steps of the scaffold to the platform with a bold, firm step. The Provost Martial read to him the charges, finding and sentence of the court, to .which he listened attentively, but unmoved. This over, he con- versed some moments in an undertone with the priest, and then they engaged in prayer. After prayer he signified to the execu- tioner his readiness to try the fearful ordeal of death. While the rope was being adjusted about his neck, he stood erect, ex- hibiting no signs of emotion or fear. The cap was drawn over his face, the trap sprung, and the guerrilla hung suspended be- tween heaven and earth. Although he fell full five feet, his neck was not dislocated, as anticipated. For a few moments af- ter his fall there was no motion except a slight pendulum-like vibration of the body, that was soon succeeded by a spasmodic shrugging of the shoulders, then there was a quivering of the limbs, and then-Dick Davis, the Guerrilla Chief, was no more. His spirit had passed from earth and stood before its God. Indeed,
" It is a fearful thing to see the strong man die- The stripling meet his fate."
An execution on the scaffold may be witnessed once, but that man must have a strange taste or a hard heart who would will- ingly see the second. But I have finished my sketch-Dick Davis has met his reward. "That measure he meted out to 22
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others has been measured to him again." That his sentence was just-that he deserved to die a felon's death-no one for a moment doubts; but I pray fervently that Providence may so shape my life that I may never again be called upon to weigh justice in the balances against human life."
Below are the charges and specifications on which Dick Davis was tried, with the findings and sentence of the court, and the approval thereof by General Dana:
HEAD-QUARTERS DEPARTMENT OF MISSISSIPPI, ? MEMPHIS, TENN., Dec. 19, 1864. 5
General Court- Martial Orders No. 1.
1. Before a Military Commission which convened at Mem- phis, Tennessee, pursuant to Special Orders No. 163, ext. 1, from Head-Quarters District, West Tennessee, dated Memphis, Tenn. October 8, 1864, and of which Lieut. Col. Thomas M. Browne, Tth Indiana Cavalry, was President, was arraigned and tried
DICK DAVIS ALIAS J. W. SMITH.
CHARGE IST: Being a Guerrilla.
Specification Ist :- In this, that the said Dick Davis alias J. . W. Smith, confederating and combining with divers parties who are unknown, did in and during the months of January, Febru- ary, March, April, May, June, July, August and September, 1864, levy and carry on irregular and unauthorized warfare upon loyal citizens, and against United States soldiers, and did go about the country armel, and commit divers 'acts of crime and violence. All this in and near Shelby county, Tennessee, and Marshal and DeSoto conties, Miss., and within the Milita- ry District of West Tennessee.
Specification 2d :- In this, that the said Dick Davis alius J. W. Smith, being the biler and chief of a band of guerrillas known and sty led " Dick Davis' men," or "band," did levy and carry on irregular and unauthorized warfare against the United States of America. All this during the months and year afore- said, and in Sheiby county, Tenn., and Marshal and DeSoto counties, Miss., and within the Military District of West Ten- nessee.
Specificotion Sd :- In this, that the said Dick Davis alias J.
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W. Smith, did levy irregular, independent and unauthorized warfare against loyal inhabitants of the United States. All this during the whole of the year 1863, and in the county of Shelby, Tennessee, and DeSoto and Marshal counties, Mississippi, and within the Military District of West Tennessee.
Specification 4th :- In this, that the said Dick Davis alias J. W. Smith, falsely representing himself to be a duly appointed soldier of the Confederate States of America, and confederating and combining with divers and sundry parties unknown, did levy and wage irregular. independent and unauthorized warfare against the government of the United States-against United States soldiers. All this during the months of January, Febru- ary, March, April, May, June, July, August, and September, 1864, in the counties of Shelby, Tenn., and DeSoto and Marshal, Miss., and within the Military District of West Tennessee.
CHARGE 2D: Violation of the Rules of Civilized Warfare.
Specification Ist :- In this, that the said Dick Davis alias J. W. Smith, confederating and combining with, and assuming to be the leader of divers and sundry persons, unknown; the whole party being known and styled as "Davis' men," pretending to be in the service of the so-called Confederate States of America, lid levy irregular and unanthorized warfare, in this, to-wit: By firing upon unarmed citizens and upon railroad trains, and lid violently and willfully murder soldiers of the United States, after they had surrendered as prisoners of war. All this in the months of Jannary, February, March, April, May, June, July, August and September. 1864, and in the counties of Shelby, Tenn., and Marshal and DeSoto, Miss., and within the Military District of West Tennessee.
Specification 27 :- In this, that the said Dick Davis 'alias J. W. Smith, combining and confederating as aforesaid with livers other parties unknown, belonging to a party stylet "Davis' Band," having captured Capt. Somers of the 10Sch Illi- nois Infantry, and Private Guernes, 113th Illinois Infantry, and bur other. federal soldiers whose names are unknown, during :Le retreat of the United States forces from Guatown, Miss., and i .- Id them as prisoners of war, for about four hours, did without ; rovocation or cause, deliberately, willfully, and with malice. ill and murder the said Capt. Somers and three of the said Aldiers. This on or about the 12th day of June, 1561, near Germantown, Tennessee, and within the Military District of West Tennessee.
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To each and all of which Charges and Specifications the ac- cused pleaded-Not Guilty.
The Court after due deliberation do find the accused, Dick Davis alias J. W. Smith, as follows:
Of 1st Specification to the Ist Charge-Guilty. Of 2d Specification to the 1st Charge-Guilty.
Of 3d Specification to the 1st Charge-Guilty. Of 4th Specification to the 1st Charge-Guilty.
Of Ist Charge-Guilty.
Of Ist Specification to 2d Charge-Guilty.
Of 2d Specification to 21 Charge-Guilty.
Of 2d Charge-Guilty.
And do therefore sentence him, the said Dick Davis, alia: J W. Smith, to be hanged by the neck until dead, at such time on' place as the Commanding General may direct; two thirds of members of the Court, concur in the above finding and sentence.
II. The findings in this case are approved, except as to :... alledged "firing upon unarmed citizens and railroad trains," at. ! the alledged acts of guerrilla warfare committed prior to Juz .. 1864, of which there is not sufficient proof.
The evidence elicited is, however, amply sufficient to sust ... . the remaining portions of the Specifications as well as to charges. The prisoner, whether his name be Duris or Smith. convicted of being a Guerrilla and violating the rules of civ !? ?. i warfare, and no connection which he may have had with :. army of the so-called Confederate States, can screen him !! ' . the punishment due his crimes.
The sentence is confirmed; and the prisoner, Dick Davis (). J. W. Smith, will be hanged by the neck until he is dead Memphis, Tennessee, on Friday the 23d day of December, 1 . between the hours of 10 a. m. and + p. m., under the direct ... of the Provost Marshal General.
By Order of MAJOR GENERAL N. J. T. DANA, T. H. HARRIS, Assistant Adjutant General.
PART III.
Sketches of officers of the Seventh Indiana Cavalry Volunteers.
LIEUTENANT COLONEL SAMUEL E. W. SIMONSON.
At the time the 7th Indiana cavalry was organized, Col. Si- monson was a captain in the 4th Indiana cavalry. On account of his known ability and experience as a cavalry officer, he was selected by Governor Morton for one of the majors of the 7th cavalry. His valuable services in that regiment, prove the wis- dom of the Governor's choice. With the exception of Grierson's raid through Mississippi in the winter of 1804-'65, he was with the regiment in all its campaigns, raids, expeditions, marches and battles. In the expedition to West Point, and the battle of Okolona his experience as an officer was of incalculable value to the regiment. By his cool, undaunted courage, he inspired the men with his own feelings of confidence. At the sabre charge at Ivy Farm, he commanded a battalion of the regiment held in reserve to support the rest of the regiment engaged in the charge. Although not actually in that part of the engag- ment, yet he occupied a position of as manch danger as if he had been. There was no point on the field at that place, where the balls of the enemy did not reach. Nearly as many men were killed or wounded in the reserve, as there were in the column making the charge.
At the battle of Brics's Cross-Road:, Mississippi, June 10th, 1864, he proved himself a hero. He was always found where danger was greatest. In the last of that battle, Col. Browne, on account of his wound, was not able to remain longer with the regiment. The command, therefore, devolved on Major Simon- son. He managed the regiment in the reminder of the battle with great skill, and withdrew it from the field without losing a man as prisoner, when the rebels were pushing forward conti- dent of capturing the greater part of it. After the army was in
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total rout, he held it under a fire from the concentrated batter- ies of the enemy, directed at it and the flying infantry. On the retreat that followed he maintained perfect order and discipline in the ranks of the regiment.
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