Unknown, General Orders No. 89

KYR-0001-003-0141.xml

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Accession Number

KYR-0001-003-0141

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Military Correspondence, 1863-1867

Item Location

BR5-158 to BR5-159

Place of Creation

Knoxville, Knox County, Tennessee

Date of Creation

20 October 1864

Dates Mentioned

1864-10-20

1864-01-11

1864-01-08

1864-01-24

1864-01-26

1864-01-30

1864-12-14

1863-12-14

Unknown, General Orders No. 89, 20 October 1864, Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Military Correspondence, 1863-1867, BR5-158 to BR5-159, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-003-0141, (accessed April 25, 2024).

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Head Quarters Department of the ohio
Knoxville Tenn. October 20^th 1864
General Orders
No. 89
Extract.

II Before a General Court Martial which convened at Louisville Kentucky January 11^th 1864 pursuant to Special orders Nos. 9. 16. 25. 27 and 31, dated Assistant Adjutant General's office. Department of the ohio Lexington, Kentucky, January 8^th15^th24^th26^th and 30^th 1864 respectively, and of which Lieutenant Colonel B. F. orcutt 25^th Regiment Michigan Volunters Infantry, was President, was arraigned and tried.

2^nd Lieutenant Charles Helton Company I 39^th Regiment Kentucky Volunteer Mounted Infantry.

Charge I
"assult and Battery. with intent to commit rape"

Specification -- "In this: that he, Lt Charles Helton Co. "I" 39^th Regiment Ky. Vols. Mounted Infantry did, on or about the 14^th day of December 1864 go to the house of Capt Tho^s Russell of the 45^th Ky. Vols. Inft U. S. army. and did rudely assult the wife of said Capt Russell, saying that he would stay all
< 2 >
night with her, and on being told that he should not. replied 'By god. I will Stay.' M^rs. Russell then ran into another room, and shut the door. said Helton kicked the door violently, and said to her, 'If you do not open the door, I will blow your God damned brains out,' and forced the door open, and followed said M^rs. Russell into another room; and caught hold of her and tore her dress open and thrust his hand into her bosom, saying, I have been on a scout fourteen days, and by God I must have you for my purposes now, and the said Helton did, by force, attempt to throw said M^rs Russell on the bed, and was only prevented from so doing by the timely appearance of two countrymen. All this on Rock Castle Creek Lawrence County Kentucky."

Charge II
"Conduct unbecoming an officer and a Gentleman."

Specification -- "In this; that he, 2^nd Lieut Charles Helton Co. I. 39^th Regiment Ky. Vols. Mounted Inft U S Army did. on the 14^th day of December 1863 go to the house of Capt Tho^s Russell, of the 45^th Regt. Ky. Vols. U. S. Army and did in a rude and unGentlemanly manner use threatening and insulting Language to the wife and daughter of Capt Tho^s Russell, and did attempt to persuade the daughter aforesaid to accompany him from the house and
< 3 >
upon her refusing to go, he replied, 'By god you shall go or I will kill you.' and drew his pistol. she running off this at Rock Castle. Lawrence County Ky."

Specification 2^nd -- "In this: that he 2nd Lieut. Charles Helton. Co. I. 39^th Regt Ky. Vols. Inft U S. Army did on the 14^th day of December 1863. rudely enter the house of Emanuel Spence, and did use insulting Language to the inmates thereof. and did fire his pistol in said house, and by threats compel M^rs Zelphina Spence to accompany him one-fourth of a mile from her house, attempting to persuade her to go to camp with him, there to be as a wife to him. All this on Rock Castle Creek, Lawrence county. Kentucky."

Charge III
"Drunkennes on duty"

Specification -- "In this; that he 2nd Lieut Charles Helton Co "I" 39^th Regt. Ky. Vols. Mounted Inft. U, S. Army did on the 14^th day of December 1863 while in command of his company, on a Scout in Lawrence County, Ky,, get intoxicated to such an extent that he was unable to command, and did permit his company to become demoralized and scattered in consequence of said intoxication"

To which charges and specifications the accused pleaded: "Guilty."

Finding.

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