"On the 15th of August, 1870, just two days after the 'dipper fight,' Cadet Corporal Beacom made a report against me for 'replying in a disrespectful manner to a file-closer when spoken to at drill, P.M. For this alleged offence I wrote an explanation denying the charge; but Cadet Beacom found three cadets who swore that they heard me make a disrespectful reply in ranks when Cadet Beacom, as a file-closer on duty, spoke to me, and the Commandant of Cadets, Lieutenant Colonel Upton, preferred charges against me for making false statements.
"The court to try me sat in September, with General O.
O. Howard as President. I plead 'not guilty' to the charge of assault on Cadet Wilson, and also to the charge of making false statements.
"The court found both Cadet Wilson and myself 'guilty'
of assault, and sentenced us to be confined for two or three weeks, with some other light punishment in the form of 'extra duty.'
The finding of the court was approved by President Grant in the case of Cadet Wilson, but disapproved in my case, on the ground that the punishment was not severe enough. Therefore, Cadet W. served his punishment and I did not serve mine, as there was no authority vested in the President to increase it.
"On the second charge I was acquitted, for I proved, by means of the order book of the Academy that there was no company drill on that day--the 15th of August --that there was skirmish drill, and by the guard reports of the same date, that Cadet Beacom and two of his three witnesses were on guard that day, and could not have been at drill, even if there had been one. To some it might appear that the slight inconsistencies existing between the sworn testimony of those cadets and the official record of the Academy, savored somewhat of perjury, but they succeeded in explaining the matter by saying that 'Cadet Beacom only made a mistake in date.' Of course he did; how could it be otherwise? It was necessary to explain it in some way so that I might be proved a liar to the corps of cadets, even if they failed to accomplish that object to the satisfaction of the court.
"I was released in November, after the proceedings and findings of the court had been returned from Washington, where they had been sent for the approval of the President, having been in arrest for three months. But I was not destined to enjoy my liberty for any length of time, for on the 13th of December, same year, I was in the ranks of the guard, and was stepped on two or three times by Cadet Anderson, one of my classmates, who was marching beside me.
"As I had had some trouble with the same cadet some time before, on account of the same thing I believed that he was doing it intentionally, and as it was very annoying, I spoke to him about it, saying: "I wish you would not tread on my toes.' He answered: 'Keep your d--d toes out of the way.' Cadet Birney, who was standing near by, then made some invidious remarks about me, to which I did not condescend to reply. One of the Cadet Corporals, Bailey, reported me for 'inattention in ranks,' and in my written explanation of the offence, I detailed the circumstances, but both Birney and Anderson denied them, and the Commandant of Cadets took their statement in preference to mine, and preferred charges against me for falsehood.
"I was court martialled in January, 1871, Captain Piper, Third Artillery, being President of the court.
By this court I was found I 'guilty,' as I had no witnesses, and had nothing to expect from the testimony of the witnesses for the prosecution. Cadet Corporal Bailey, who made the report, Cadets Birney and Anderson were the witnesses who convicted me; in fact they were the only witnesses summoned to testify in the case. The sentence of the court was that Ishould be dismissed, but it was changed to one year's suspension, or, since the year was almost gone before the finding of the court was returned from Washington, where it was sent for the approval of President Grant, I was put back one year.
"I had no counsel at this trial, as I knew it would be useless, considering the one-sided condition of affairs.
I was allowed to make the following written statement of the affair to be placed among the records of the proceedings of the court:
"'May it please the court: I stand here to-day charged with a most disgraceful act--one which not only affects my character, but will, if I am found guilty, affect it during my whole life--and I shall attempt, in as few words as possible, to show that I am as innocent as any person in this room. I was reported on the 18th of December, 1870, for a very trivial offence. For this offence Isubmitted an explanation to the Commandant of Cadets. In explanation I stated the real cause of committing the offence for which I was reported.
But this cause, as stated, involved another cadet, who, finding himself charged with an act for which he was liable to punishment, denies all knowledge of it. He tries to establish his denial by giving evidence which I shall attempt to prove absurd. On the morning of the 13th of December, 1870, at guard-mounting, after the new guard had marched past the old guard, and the command of "Twos left, halt!" had been given, the new guard was about two or three yards to the front and right of the old guard. Then the command of "Left backward, dress," was given to the new guard, "Order arms, in place rest." I then turned around to Cadet Anderson, and said to him, "I wish you would not tread on my toes." This was said in a moderate tone, quite loud enough for him to hear. He replied, as I understood, " Keep your d-d toes out of the way." Isaid nothing more, and he said nothing more. I then heard Cadet Birney say to another cadet--I don't know who it was--standing by his side, "It (or the thing) is speaking to Mr. Anderson. If he were to speak to me Iwould knock him down." I heard him distinctly, but as I knew that he was interfering in an affair that did not concern him, I took no further notice of him, but turned around to my original position in the ranks.
