Louisville Ky
November 18^th/63
Gen^l

I respectfully call your attention to the subjoined communication.

J W Walls a private in my company claims the Rank of 1^st Lieu^t and has at this time a commission duly signed, from the department of this state

He has certified on honor to the Dep^t of the Cumberland, in which I have been serving since its Organization, that such is the fact; and that he was mustered the 12^th day of August (1861) at camp Dick Robinson Ky, as first Lieu^t of Company (D) "3 Ky Reg^t Inf^t Colⁿ Bramlette)' by Gen^l Nelson. That he was afterwards Mustered by Gen^l Thomas at the same camp on the 8^th Oc^t 1861, as 1^st Lieu^t of Company (D) 3^d Ky Reg^t Inf^ty &^c

To all of this I enter a positivedenial, and ask, that this commission he now holds hearing date Augt 12^th 1861 be recalled; and for these reasons.

1^st At the mustering in of the 3^d Ky Reg^t Colⁿ ^Bramlett^ Com^d The rolls now in your Office of C^omp (D) said Reg^t will show that J, W Walls was mustered as a private, & not as Lieutenant as he asserts.

2^d That G W Nell as first Lieutenant, & myself as Captain, were the only Officers, so mustered.

3^d That at the date of said muster my company was short of the number, to entitle me to more than one Lieutenant.

4^th That Company (D) was mustered as an Infantry organization, and hence was not entitled to but one 1^stLieu^t even if full to the maximum.

5^th I positively assert that he never was a Lieu^t in my company, though he acted, as such for a few weeks. In order to secure the best ability of my command, I would, and did appoint some member to discharge the duties of some office to be filled, when if on trial, they proved competent, I would recommend them as suitable, if not, I would return them to the ranks, and in this way all my officers have been commissioned.

Mr Walls was thus tested and in every regard proved himself unfit for the service, nor can he at this date, drill a gun Squad.

6^th Every Officer and private in my command will testify to the fact of his never having been mustered as a Lieu^t and to his utter, incapacity to fill such an office.

He has always been mustered as a private, and without objection, been paid as such up to January 1863, when for the first time he claimed to be a Lieutenant

His commission was issued in this way.

In January 1862, Lieutenant Ellsworth, was making out the pay Rolls of the Company; for the term ending Debr 31^st 1861. John Vanwinkle Esqr. obtained or Rather made a coppy of said rolls for the Deartment at Frankfort. On these rolls J W Walls, A, A, Ellsworth & H M Turner, appear as acting Lieutenants. Neither of them were Lieutenants by election until after the second of January, when Ellsworth was duly elected, Jr First and H M Turner, senior second Lieutenant while J W Walls was left in the rank

Each of the three had served two months or so, as acting Lieutenants. When the rolls were coppied by Mr Vanwinkle the remarks explaining the status of the three were not appendid, the rolls were not complete. From this roll or leased on this incomplete roll, the commissions were issued, to all three, in the case of Ellsworth & Turner, right, but not in the case of Walls, as the company had selected another in his place. In all our Ky Military organizations, the men by vote elected their commissioned Officers, in the first instance. I was so elected & all the

Lieutenants. Govenor Bramlett, who was in command of the Regiment at the time of its being mustered in, and when it was paid off, can testify to the fact that Walls was a private, though he claims to have been mustered as a Lieutenant at the organization of the Company. I have been once Court Marshalled on the charge of withholding his Commission, but the mustering officer decided that Wall was but a private, and he was ordered to the ranks. Since the Removal of Gen^l Rosecrans, & consequent changes in departments, the matter has again been Revived, greatly to my detriment. I therefore ask the Department to recall the commission issued to J W Walls, it having been issued by error. There are other facts that I could give, but these will I think satisfy you that my request is right.

Respectfully
J M Hewett
Captain 2^d Ky Battery
Light Artillery

Frankfort Jany 25^th/64

John Walls was never a L^t while under my command. The statements of Capt Hewett up to the time of the Co being detached as an Artillery Co. in Dec^r 1861, are correct. When the Co. was detached by order of Genl Buell, I was permitted to raise a Company to fill the place which I did in a few days while at Columbia in De^r 1861. Walls was no L^t & his Commission must be a fraud & should be revoked

Tho E Bramlette

In obedience to the above Order — the commission of 1^st Lieut. issued to private John Walls must be revoked

John Boyle
Adj^t Gen of Ky

2 Batty

Lieut Walls

Com. revoked Jany. 25. 1864

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