James Madison Cutts
Court Martial
CINCINNATI, OHIO , June 30 , 1863– 9 o'clock a. m.
Charge and specifications against Capt. James M. Cutts,
11th U. S. Infantry act'g judge-advocate, Department of the Ohio.
CHARGE.– Conduct unbecoming an officer and a gentleman.
Specification 1st. –In this, that the said Capt. James M. Cutts, 11th Infantry, U. S. A., acting judge-advocate, Department of the Ohio, did, on or about the 18th day of June, 1863, at the headquarters Department of the Ohio, use language to the effect following, to wit: "You" addressing Capt. Hutton, A. D. C. to Gen. Burnside– "have no right to my desk; if you take it again I will report you." To which Capt. Hutton replied: "You report me? I do not acknowledge your right to report me. I am not used to that mode of settling a difficulty between gentlemen." To which Capt. Cutts replied: "It may not be the way among blackguards and gamblers, and it may not be the mode suitable to blacklegs and bullies," or words to that effect. The said Capt. Cutts seeking thereby to exasperate and wound the feelings of a brother officer, and did utterly refuse afterwards to make any explanation or retraction of the offensive language used.
Specification 2.– In this, that on or about the 21 day of June, 1863, the said Capt. J. M. Cutts, 11th Infantry, U. S. A. , acting judge-advocate, Department of the Ohio, did send a written communication over his own proper official signature and addressed to one Major Wm. Cutting, A. D. C. to General Burnside, in which he used the following language, to wit: "In recommending your friend, Capt. Hutton, to a staff appointment, you will remember that you described him as an accomplished rider, etc., tc., but a coward. You gave him this character in the presence of General Burnside, myself, and other members of the staff. I heard you make this statement in regard to him more than once." And again on the 22d day of June, 1863, in a communication to the same the said Capt. Cuffs used the following language, to wit: "On both of the occasions when you made the statement–for I now distinctly remember two–I was myself indignant and remarked to a brother staff officer that a verson bearing the character you represented you friend, Capt. Hutton, to possess was hardly fit for a position on anybody's staff." All of which was entirely and utterly false, and said statements were made by him with the design and intention of bringing into disrepute and disgrace a worthy brother staff officer of good standing and honorable character.
Specification 3d.– In this that the said Capt. James M. Cutts, 11th Infantry, U.S.A., did, on or about the tenth day of April. 1863, while occupying room No. 79, Burnet House, Cincinnlti, Ohio, on the afternoon of said day, attempt to look through the keyhole of room No. 80 of said house, occupied by a gentleman and his wife, and did in the evening of the same day about half past eleven o'clock, after said lady had retired to her room and while her husband was in the corridor below–said lady being at the time partly undressed previous to retiring–take a valise or portmaneau from his room and place it in one of the open halls of the house against the jamb or door of said room occupied by said lady, placing himself thereon did look through the Venetian blind or transom light in or over the door into said room and at said lady undressing. This to the great outrage of the feelings of the lady and her husband, and to the great scandal and injury of the service.
A. E. BURNSIDE. Maj. Gen'l.,
This court martial is recorded in a number of places, the proximal source being:
Lieut. Col. J. Madison Cutts, Mr. Wheeler of Alabama, from the Committee on Military Affairs, Submitted the Following Supplemental Report (to Accompany H.R. 2110) By United States. Congress. House. Committee on Military Affairs, 1892.