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Cowardice, Desertions and Heroism

Battle of Great Cacapon

 

 

HELL'S VENGEANCE CYCLE .....

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After a long trip started in February 1, 1756 to Boston to see Gov Shirley of Massachussetts, who was also Commander in Chief of all NorthAmerican forces, to settle the issue of Capt Dagworthy not submitting to Washington's command at Fort Cumberland, Washington finally arrives BACK IN WINCHESTER APRIL 7 1756 to find the frontier in turmoil, and a report about a dead Frenchman who had plans to destroy the depot near Williamsport MD on the Potomac ...in the heart of many settler's forts and homesteads.

 

Col Washington writes Lt Gov Dinwiddie of Virginia:

See link to this letter

 

"However absurd it may appear, it is nevertheless certain, that five hundred Indians have it more in their power to annoy the Inhabitants, than ten times their number of Regulars. For, besides the advantageous way they have of fighting in the Woods, their cunning and craft are not to be equalled; neither their activity and indefatigable Sufferings: They prowl about like Wolves; and like them, do their mischief by Stealth—They depend upon their dexterity in hunting, and upon the Cattle of the Inhabitants for provisions."

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This reality although true, contained a real hidden nugget. Col Washington in the north and Washington's right hand man, Maj Andrew Lewis, in the south, who had just come from the failed Sandy Creek Expedition, were about to be hit by ONE SINGLE INDIAN.  AGAIN.

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Because this one Indian was already there at the Battle of Jumonville Glen in May 1754 leading to Fort Necessity July 1754 and at Braddock's defeat in July 1755 and later that Fall around Fort Cumberland.

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JOHN KILLBUCK SR. (BEMINO)

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KILLBUCK Sr masterminds The Battle of the Trough  which just occurred at end of March or early April.  

 

Other attacks masterminded by KILLBUCK SR resulted in many deaths, heroism, cowardice and ensuing court martial trials held in Winchester.

 

Building of Fort Loudoun begins next month, middle of May 1756. And by May 18, 1756 The Battle of the Great Cacapon occurs near Fort Edwards, 20 miles from Winchester.

 

Court Martials resulting from

the Battle of the Great Cacapon 

were held in Winchester VA:

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Court Martial of Lieutenant John Lomax.

See date and time of this trial Washington ordered

See this trial link.

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Notice Lomax, after being exonerated, sits as jury member on the 2nd trial of Sergeant Nathan Lewis.

 

Court Martials of Sergeant Nathan Lewis

See link - 1st Court Martial of Sergeant Nathan Lewis results in no decision

2nd Court trial of Sergeant Nathan Lewis

http://founders.archives.gov/documents/Washington/02-03-02-0066

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See another link on this same 2nd trial of Sergeant Nathan Lewis

http://www.wvculture.org/history/frenchandindian/17560502dinwiddie.html

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Orders after this trial, see this important link

 

 

SOME MORE DETAIL.

 

WASHINGTON WRITES THIS AFTER THE COURT MARTIALS

 

I want much to pay them off, to appease murmurs, and silence complaints. I received a Remonstrance of theirs in justification of their Behaviour—Tell them, that I hope their conduct will ever be stimulated by a just sense of their Duty—That Heroick Bravery and Sobriety, influenced by a hearty zeal to serve their country will always be the standard of their actions, and is the certain means of meriting my regard and esteem, as well as obtaining the love and applause of the Country: while a contrary Behaviour, you may strongly assure them, shall never fail to meet with adequate punishments—Instances of this are now before them of Nathan Lewis, Corporal James Thomas, and Henry Campbell—all under Sentence of Death—The first for his cowardice at the action at Edwards’s; the others for desertion. I have a warrant from the Governor for shooting of Lewis, and shall delay the execution until the arrival of the new Recruits. The others were tried but to-day; and the proceedings of the Court will be sent to the Governor; if he approves the Sentence—I shall make it my particular care to see them executed; as I shall every individual that offends in the like cases.

 

 

DESCRIPTION OF THE BATTLE

 

see version of Battle of Great Cacapon - William Stark writes to George Washington 18 April 1756

 

see version of Battle of Great Cacapon  in Court Martial of Lt John Lomax

 

see this description of searching for the men killed in the Battle of Great Cacapon - Washington's letter to Dinwiddie 3 May 1756

I have sent down an indian scalp which was taken off at the place where Captain Mercer had his Engagement. He was found thrust under some rocks, and stones piled up against them. They have reason to believe there were more killed, from the quantity of blood found on the ground, where the Indians fired from; and from other discoveries of their attempts to make more Graves—But a hard shower of rain prevented their making a farther search

 

TRIAL OF LIEUTENANT JOHN LOMAX

 

I do Hereby constitute and appoint you President of a General Court-Martial, to sit between the hours of eight and three; for trial of Lt John Lomax

 

A General Court Martial, to consist of four Captains, and five Subalterns, to sit immediately for trial of Lieutenant Lomax, of the Virginia Regiment

Orders, 2 May 1756

 

Lieutenant John Lomax, accused of neglect of Duty, in not covering the Retreat of a Detachment, under command of Captain John Mercer, engaged with the French and Indians, nigh Edwards’s Fort, the eighteenth ultimo  ...  At a General Court-Martial, Held at Winchester, the second day of May, 1756.

 

 

After Orders 2 May 1756

Colonel Washington has approved of the sentence of the said Court martial, which was unanimous in opinion, that Lieutenant Lomax was not guilty of neglect of Duty; and that he remained in the Fort in consequence of his Orders; and that his conduct is not culpable.

A General Court Martial, to consist of four Captains and five Subalterns, to sit immediately for trial of Sergeant Nathaniel Lewis; for retreating with a party without orders—and those men, confined for throwing away their arms in the retreat of the party, defeated on the eighteenth of April last, near Edwards’s Fort

 

 

FIRST TRIAL OF SERGEANT NATHAN LEWIS

 

After hearing the Evidences for and against Sergeant Nathan Lewis’s Behaviour—The Court was divided; and could come to no Determination  See first court trial of Sergeant Nathan Lewis

 

Evening Orders. 2 May 1756  First trial of Sergeant Nathan Lewis 

The General Court Martial, whereof Captain Woodward was President, is dissolved—and Colonel Washington approves of the Sentence of the Court, in regard to Fling and Clarke; who lost their arms. Sergeant Lewis is to have a further Hearing.

 

Orders 3 May 1756

A General Court Martial, to consist of five Captains and eight Subalterns; to sit immediately for Trial of Sergeant Nathan Lewis

 

No transcript of why the first trial ended without a judgement. Not enough evidence?

 

 

SECOND TRIAL OF SERGEANT NATHAN LEWIS

 

Highly irregular to put Lt John Lomax on this jury the very day after he John Lomax was acquitted of cowardice.

 

No notes on why first trial was dissolved  2nd Court Trial of Sergeant Nathan Lewis  who gets sentenced to be shot

 

And web link stating same trial above but should be date May 3 not May 2 See this transcript  of 2nd Court Trial of Sergeant Nathan Lewis 

 

Evening Orders 3 May 1756

Colonel Washington approves of the Sentence of the Court— was unanimous in opinion, that Sergeant Nathan Lewis, for his misbehaviour, in running away with his Party, should suffer Death.

 

 

WAS THE SENTENCE CARRIED OUT?

 

Letter Washington to Dinwidde 3 May 1756

"I inclose your Honor the Sentence of a General Court Martial, which was held here upon a Sergeant for running away with his Party. They have, I think, very justly adjudged him to suffer Death: which Sentence I hope you will approve of; as there never was a fitter object to make an Example of—being the second time he has been guilty of the same crime; nor a better time, as the Newly-draughted Recruits for the Regiment may be here by that time to see it executed; and it will be a good warning to them."  (Question: when was last time this happened?)

 

see August and October 1755 laws on discipline discussed - from notepad of notes on Douglas Southall Freeman Young Washington Volume 2

The law allowed only for the Governor to approve capital punishment. The way around this was for Dinwiddie to give blank death warrants for Washington to fill out  and thus not go against the spirit of the law

 

Letter Dinwiddie to Washington 8 May 1756

I send You a Death Warrant for shooting Sergeant Lewis, which I doubt not You will order to be executed, by having as many of the Forces present as You can, that he may be a public Example to deter others from such like Offences; You are to fill up the Blank to the Day You may think most proper, declaring the Crime for which he suffers

 

see Enclosure: Death Warrant 8 May 1756

Lewis was not executed, and therefore the blanks were never filled.  Any execution would be illegal without filling out this form.

 

Scroll down to page 562 in this link to find the following quote from the August 1755 law: “…and that execution of all and every such sentence and judgment shall be suspended until the pleasure of the governor, or commander in chief, for the time being, be known, who if he thinks proper, is hereby desired to issue his warrant under the seal of the colony, for putting such sentence or judgment into execution, and to transmit the same to the presiding officer at such court martial.”

 

 

MORE COURT MARTIAL TRIALS IN WINCHESTER VA

 

Winchester—Monday, May 10th 1756.

A Regimental Court Martial to sit immediately, for Trial of George Forman, and John Collins

 

Winchester: Saturday, May 15th 1756   A Court Martial to sit immediately for Trial of Thomas Hicks.

James Clarke, who has accused Aaron Paul and John Robinson of Robbing him: must produce his Evidences to this Court Martial; in order to proceed on their Trial also.1 Else they will be Discharged.

 

see letter from George Washington dateline Winchester May 18 1756   

 

court martial  May 18 1756

 

orders May 18 1756

 

after the court martial

 

 

SOURCES AND WEB LINKS

 

FOUNDERS ONLINE "Washington, George" AND Starting date=1 January 1756 AND Ending date=31 December 1756 

Washington document for year of 1756 

 

 

http://founders.archives.gov/?q=Author%3A%22Washington%2C%20George%22%20Dates-From%3A1756-01-01%20Dates-To%3A1756-12-31&s=1111211111&r=51

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