James Madison Cutts
Court-Martial
New Orleans, January 13, 1868
The accused, Brevet Lieutenant-Colonel J. M. Cutts, captain 20th U. S. Infantry, was arraigned upon the following charges and specifications:
CHARGE FIRST.—Conduct unbecoming an officer and a gentleman.
Specification 1.—In this, that he, the said Brevet Lieutenant-Colonel J. M.Cutts, U. S. Armv, captain 20th U. S. Infantry, while commanding the post of Shreveport, La., and, at the town and subpost of Jefferson, Texas. without sufficient authority, unlawfully, and willfully, arrest and detain in close confinement one B. H. Peterson. a loyal citizen of the United States, sending the said B. H. Peterson under guard to New Orleans. La.
This at the town of Jefferson, Texas, on or about the 27th day of June, 1867.
Specification 2.—In this, that he the said Brevet Lieutenant-Colonel J. M. Cutts, U. S. A., captain 20th U. S. Infantry, commanding post at Shreveport, La., did, while the said B. H. Peterson was under arrest and guarded by a corporal and three (3) privates, without provocation, assault the said B. H. Peterson with a musket loaded with powder and ball by pointing the said musket full cocked at the said Peterson with the declaration that he, Brevet Lieut. Col. J. M. Cutts, U. S. Army, would shoot him, the said B. H. Peterson.
This on board the steamboat I). Hine, en route from Jefferson, Texas, to Shreveport, La., on or about the 29th of June. 1867.
Specification 3.—In this. that he, the said Brevet Lieut. Col. J. M. Cutts, U.S. Army, captain 20th U. S. Infantry, commanding the post of Shreveport, La., did use harsh, unnecessary Land ungentlemanly treatment towards B. H. Peterson, citizen, while he. Peterson, was a prisoner, under arrest, by causing him, the said Peterson, to be tied by the arms at various times. confined in a close stateroom without, air, and giving orders to the guard at the door not to allow him, the said Peterson, to have anything, not even a drink of water. By shaking his fist at the said Peterson's face, calling him. the said Peterson, "a robber, cotton thief, and swindler," or words to that effect. By threatening to whip the said Peterson while his, Peterson's, hands were tied.
This on board the steamboat T. D. Hinten on route from Jefferson, Texas, to Shreveport, La., on or about the 29th day of June, 1867.
Specification 4.—In this, that he, the said Brevet Lieutenant-Colonel J. M. Cutts U. S. Army, captain 20th U. S. Infantry, commanding the post, of Shreveport, La., did take a loaded musket from the hands of Private J. Murphy. 20th U. S. Infantry. the sentinel on duty at the door of the said Peterson, and present it, cocked at Peterson and the said sentinel, saying he would blow their brains out or words to that effect.
This on board the steamboat T. D. Hine, en route from Jefferson, Texas, to Shreveport, La., on or about the 29th day of June, 1867.
Specification 5.—In this, that he, the said Brevet Lieutenant-Colonel J. M. Cutts, U. S. Army, captain 20th U. S. Infantry, commanding the post of Shreveport. La., did, while he held the said B. H. Peterson a prisoner in his custody, challenge him, the said Peterson, to fight a duel with him the said Brevet Lieut. Col. J. M. Cuffs. U. S. Army.
This on board the steamboat T. D. Hine, en route from Jefferson, Texas. to Shreveport, La., on or about the 29th day of June, 1867.
Specfication 6.—In this, that he, the said Brevet. Lt. Col. J. M. Cutts, U. S. Army, captain 20th U. S. Infantry, commanding the post of Shreveport, La., while in command of a guard having in charge B. H. Peterson, a prisoner did expose himself in the saloon of the steamboat T. D. Hine in an almost nude condition, in full view of a number of passengers, male and female, using abusive, profane, and vulgar language in the presence of said passengers and otherwise deporting himself in an ungentlemanly manner.
This on board the steamboat T. D. Hine. en route from Jefferson, Texas, to Shreveport. La., on or about the 29th day of June, 1867.
Specification 7.—In this, that he, the said Brevet Lt. Col. J. M. Cutts. U. S. Army. captain 20th U. S. Infantry, commanding the post of Shreveport, La.. did, while he held B. H. Peterson, citizen, in close arrest, allow the said Peterson to write, and receive letters, which letters were, by the direction of the said Brevet LT. Col. Cutts, U. S. A., surreptitiously obtained, opened, and the contents noted, without the knowledge or consent of the parties concerned, and before delivering the said letters to the parties to whom they were directed.
This at the subpost of Jefferson, Texas, on or about the 27th day of June, 1867.
Specification 8.—In this, that he, the said Brevet Lieut. Col. J. M. Cutts. U.S. Army, captain 20th U. J. Infantry, commanding post of Shreveport, La., having contracted with one G. W. Smith, a citizen of Shreveport, La., to deliver at the post of Shreveport. La., four (4) cords of wood for the use of the troops stationed at said post. He, the said Brevet Lt. Col. J. M. Cutts. U. S. A., obliqating himself to see that the said G. W. Smith was paid for said wood at the rate of ($4.50) four dollars and fifty cents per cord. After the said Smith had fulfilled his part of the contract, his, the said Smith’s, wife called upon Brevet Lieut. Col. J. M. Cutts, U. S. Army, for settlement of the account, when the said Brevet. Lieut. Col. J. M. Cutts, U. S. Army, not only refused to pay for said wood but used coarse and ungentlemanly language towards the said Mrs. Smith. Also when the said G. W. Smith called to demand payment for said wood. Bvt. Lieut. Col. Cutts, U. S. A., failed to pay the same and abused the said Smith and ordered him out of the camp.
This at the post of Shreveport, La., on or about the month of March, 1867.
CHARGE 2ND — Violation of the 45th Article of War.
Specification.—In this, that he, the said Brevet Lieutenant Col. J. M. Cutts, U. S. Army. captain 20th U. S. Infantry. commanding the post of Shreveport, La., after having personally relieved Acting Assistant Surgeon A. L. Buffington of the charge and custody of B. H. Peterson, citizen, a prisoner, and assumed the command of the guard and custody of the said B. H. Peterson himself, was while acting in the above capacity drunk.
This on board the steamboat T. D. Hine. en route from Jefferson, Texas, and Shreveport, La., on or about the 29th day of June, 1867.
CHARGE 3D.—Conduct prejudicial to good order and military discipline.
Specification l.—In this, that he, the said Brevet Lieut. Col. J. M. Cutts, U. S. Army, captain 20th U. S. Infantry. commanding the post of Shreve»ort, La., did place a guard of one (1 ) corporal and three (3) privates, enlisted men of the United States Army, under command of A. L. Buffington, a citizen and contract surgeon U. S. Army, to convey a prisoner. B. H. Peterson, from Jefferson, Texas, to New Orleans. La.
This at Jefferson, Texas, on or about the 28th day of June, 1867.
Specification 2.—In this, that he, the said Brevet Lieut. Col. J. M. Cutts, U. S. Army, captain 20th U. S. Infantry, commander the post of Shreveport. La., did place a guard consisting of one (l) corporal and three (3) privates, enlisted men of the United States Army, under command of Charles W. Koechling, a citizen contract surgeon U. S. Army, to convey a prisoner, B. H. Peterson, from Shreveport. La., to New Orleans, La.
This at Shreveport, La., on or about the 30th day of June. 1867.
Specification 3d.—In this, that he, the said Brevet Lieut. Col. J. M. Cutts, U.S. Army, captain 20th U. S. Infantry, did use disrespectful language towards his superior and commanding officer, Brevet Major-General Joseph A. Mower. U.S. Army, commanding the district of Louisiana, by making and signing an affidavit before Brevet Colonel A. von Schrader, U. S. Army, major 39th U. S. Infantry, acting assistant inspector-general, district of Louisiana; said affidavit containing disrespectful language [and false accusations] made against his said commanding and superior officer, Brevet Major-General Joseph A. Mower. U.S. Army, in words and figures to wit: “I arrested Dr. Peterson because I believed that under the color of great names, including those of Brevet. Major-General Joseph A. Mower and E. A. Rollins, Commissioner of the Internal Revenue, he had sought and does seek to perpetrate a fraud upon the internal revenue of the Government. I further state by that by the release of the alleged conspirator and fraudulent scoundrel Peterson, because apparently of his influences with the military and civil authorities of the Government, without investigation of any kind whatever, instantaneous and authoritative, by Brevet Major-General Joseph A. Mower, and my subsequent arrest upon the mere ex-parte statement of an infernal scoundrel, I believe the honor and integrity of the Army and the welfare of the country are imperilled."
This at the post of Shreveport, La., on or about the 17th day of July, 1867.
To which charges and specifications the accused pleaded as follows:
To the 1st specification to the 1st charge: "Not guilty."
To the 2nd specification to the 1st charge: "Not guilty."
To the 3rd specification to the 1st charge: "Not guilty."
To the 4th specification to the 1st charge: "Not guilty?"
To the 5th specification to the 1st charge: "Not guilty."
To the 6th specification to the 1st charge: "Not guilty."
To the 7th specification to the 1st charge: "Not guilty."
To the 8th specification to the 1st charge: "Not guilty."
To the first charge: "Not guilty."
To the specification to the 2nd charge: "Not guilty."
To the 2nd charge: "Not guilty."
To the 1st specification to the 3rd charge: "Not guilty."
To the 2d specification to the 3rd charge: "Not guilty."
To the 3rd specification to the 3rd charge: "Not guilty."
To the 3rd charge: "Not guilty."
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.