The court-martial of Charles Kidder

With Mom’s death and its effects, 2019 has been a difficult year. This has been reflected in the paucity of articles posted on Our Heritage. Before this year passes into history, I want to investigate a difficult time in the life of Mom’s great grandfather Charles Homer Kidder.

Charles Kidder served in the 8^th Cavalry Regiment from the state of Illinois during the American Civil War. I posted a brief review of his service a few years ago: Revisiting the American Civil War—Charles Kidder.

Here are a few corrections and updates from my previous article:

Charles Kidder was apparently born in Cattaraugus County, New York, not Wyoming County.
Morgan Hewitt Stafford’s lineage for Charles Kidder was partially incorrect. Charles’s father James Kidder, born about 1780, appears to have been the son of John (1756-1835), the son of Ephraim (1717-1796), the son of James (1679-1729), the son of James (1654-1732), the son of James the immigrant (1626-1676), the son of James Kidder of East Grinstead, Sussex, England. Stafford, clearly unfamiliar with the line of descent from James Kidder born in 1679, postulated that Charles’s father James was his son, skipping Ephraim and John.
Charles’s death certificate can now be viewed at Michiganology rather than at SeekingMichigan.

In 2007 I ordered copies of Charles Kidder’s Compiled Military Service File and Military Pension File from the National Archives and Records Administration (NARA). I thus learned from Compiled Military Service Record abstract cards (CMSRs) that his service with the 8^th Illinois Cavalry was interrupted by temporary posting with a federal artillery battery and that he was arrested for being absent without leave (AWOL). These CMSRs were created in the late 1880s to summarize information from military files in order to expedite processing pension claims.^[1]

C. H. Kidder was 31 years old when he enlisted as a private on September 12, 1861 at Batavia, Illinois. He was nearly six feet tall with a dark complexion, dark eyes and black hair. His company was mustered in at Camp Kane, Illinois on September 18.

Charles Kidder’s CMSRs from muster rolls outline his duty status with the 8^th Illinois Cavalry:

September and October 1861, not stated
November and December 1861, not stated
January and February 1862, present [for duty]
March and April 1862, present
May and June 1862, present
July and August 1862, present
September and October 1862, present
November and December 1862, present
January and February 1863, present
March and April 1863, present
May and June 1863, present
July and August 1863, present
September and October 1863, absent (at dismounted camp under arrest)
November 1863 through April 1864, absent (reenlisted; on leave for 35 days from April 2, 1864)
May and June 1864, present
July and August 1864, present
September and October 1864, absent (on det service at Muddy Branch Md)
November and December 1864, present
January and February 1865, present
March and April 1865, present
May and June 1865, present

The autumn of 1863 was a pivotal period in Charles Kidder’s service:

In November 1863 Charles was detailed away from his volunteer regiment to serve in Horse Battery K, 1^st U. S. Artillery. Note that his CMSR muster card for September and October 1863 states that he was under arrest during that time. As we shall see, his arrest didn’t occur until December. Charles left his post with the horse battery to reenlist with his regiment, apparently without permission. He seems to have been motivated by a desire for a reenlistment furlough to see his family. Charles’s wife Ellen (Ferris) Kidder was reported to be in failing health with three children in her care. She lived through the remainder of the war but died May 28, 1866 at about 31 years of age.

His letter to John F. Farnsworth, who had organized the 8^th Illinois Cavalry, sheds some light on his situation:

This letter and other documents are part of Charles Kidder’s Compiled Military Service File.

Charles Kidder reenlisted at Ely’s Ford, Virginia effective November 30, 1863:

Notice was taken of Colonel Farnsworth’s inquiry on behalf of Charles Kidder:

Farnsworth’s letter generated a command inquiry from the Cavalry Corps:

The response to the Cavalry Corps inquiry reported that Charles Kidder had deserted his horse battery post on December 12, 1863 to reenlist, that he had been tried by a court-martial (that is, a military court), and that he was awaiting sentencing. Remember that Charles’s reenlistment was dated November 30, 1863. Was that reenlistment back-dated for some reason? Charles was apparently assigned to the horse battery on November 20.

Another inquiry was made by the Cavalry Corps on February 16, 1864. The court-martial had adjourned but Charles Kidder was still awaiting sentencing:

Private Kidder was sentenced to be publicly reprimanded by the commanding officer of the horse battery, which seems to have been a light sentence. Furthermore, he was to be granted a 35-day furlough for reenlistment:

Charles Kidder’s CMSR card for March and April 1864 shows that he was indeed granted a furlough:

What happened at Charles Kidder’s court-martial? His Compiled Military Service File didn’t contain documentation from those proceedings.

In 2018 I saw a recommendation somewhere for Rhinehart Roots Genealogy. Brian Rhinehart specializes in research at the National Archives. I contracted with Brian to retrieve court martial records for Charles H. Kidder. His fee was very reasonable. Unfortunately, the letter of transmittal he was able to obtain last December made only passing reference to Charles Kidder:

Brian apparently makes several research trips to the National Archives every year. He decided to request the court martial file for Charles Kidder again on a research trip this October, with much better results. I will be doing business with Brian again.

A General Court Martial was convened at Warrenton, Virginia on January 15, 1864 and met for deliberation on January 27. Charles Kidder was charged with desertion and larceny. The court proceedings include his own account of his absence:

As stated in the record of proceedings:

The prisoner Private Charles H Kidder Co. I 8^th Ills Cavalry and attached to Horse Battery K 1^st U. S. Arty. was arraigned on the following Charges and Specifications

Charge 1^st. Desertion
Specification. In this that the said Private Charles H Kidder … did desert his Battery and did remain absent until apprehended by the Provost Marshal. This on the march from Brandy Station to Bealton on or about the 12^th day of December 1863.
Charge 2^d Larceny
Specification. In this that the said Private Charles H Kidder … did Steal one horse and Equipments the property of the United States and for which Lt John Egan was responsible. This on the march between Brandy Station and Bealton Station Va on or about the 12^th day of December 1863

To which Charges and specifications the accused pleaded as follows.

To the Specification of the first Charge. Not Guilty.
To the first Charge. Not Guilty.
To the specification of the second Charge Not Guilty
To the second Charge Not Guilty

Selected testimony by the prosecution:

First Sergeant James M. Regan, Battery K, 1^st U. S. Artillery, when asked what he knew about the matter, stated as follows: “The prisoner absented himself from his battery on the evening of the 12^th of December last while on the march between Brandy Station and Bealton Station Va taking with him a Government horse and equipments without the authority of his commanding officer, and remained absent until apprehended and returned by the Provost Marshal to the Battery at Warrenton Va on or about the 28^th day of December 1863. He was I think delivered by the Provost Marshal of Warrenton Va to the commanding officer of the Battery. He took with him I believe a bay horse and a full sett [sic] of horse equipments, the same horse I think and same equipments were returned with him by the provost marshal”
When asked how [the prisoner] was reported on the morning report book of the battery, Sergeant Regan responded as follows: “He was reported on the morning of the 13^th absent without leave and on the morning of the 15^th a deserter.”
When asked if the prisoner was attached to the battery by an order, Sergeant Regan stated that “He was temporarially [sic] attached to the Battery … by a special order from Head Quarters Cavalry Corps. I have seen the order myself.”
Sergeant Maurice Walsh, when asked what he knew of the matter, stated as follows: The prisoner left his battery on the evening of the 12^th of December last while on the march from Brandy station to Bealton. He took his horse and a full set of Equipments with him which I understand was invoiced to Lieut Egan Commanding the Battery. I do not know where the prisoner went to. I took his descriptive list to the Provost Marshal of the Army of the Potomac who forwarded it to the Commanding officer of the 8^th Ills Cavalry. I never heared [sic] the prisoner state where he was and the only reason of his leaving that I ever heared him give was that he left and went to his regiment to reenlist.”
When asked by the court “Do you know whether [the prisoner] was refused permission to go to his regiment to reenlist by the commanding officer of the Battery?” Sergeant Walsh responded, “I do not.”

Private Kidder presented the following defense:

“On the 12^th of December 1863 the Battery was on the march from Brandy Station to Warrenton Va. It went into park that night near Bealton. I was detailed with four others to go back and help some teams that were stuck. We got them out and returned to the battery, previous to this I had asked permission to go to my regiment to reenlist, but the commanding officer of the Battery would not let me go. I left that night with the intention of going to my regiment to reenlist. I arrived at the regiment at Culpepper about nine and one half P.M. I then reported to my Captain (A L Walsh [Wells?]) that I had left the Battery with the intention of reenlisting, but if I had to go back to the battery I would not [reenlist?]. He told me that there was no danger of my having to go back to the battery if I should reenlist, so I reenlisted and was doing duty in my company, until an order came for me to report to Lt. Col. 8^th Ills Cavalry commanding 1^st Brig [1^st?] Division Cavalry Corps. I was sent from there to the Division Provost Marshal, and from there to the provost marshal of the Corps, from there I was sent to the Provost Marshal of the Division who sent me to the Provost marshal at Warrenton and the next day I was turned over to Lieut John Egan, and have been under arrest ever since. I brought the same horse and equipment back with me that I took away.”

It was noted that the court was then cleared for deliberation and having maturely considered the evidence adduced finds the prisoner Private Charles H. Kidder Co “l” 8^th Ills Cavalry and attached to Battery K 1st U. S. Artillery as follows:

Of the specification 1^st Charge: Guilty
Of the 1^st Charge: Not Guilty, but Guilty of Absent without leave
Of the Specification 2^d Charge: Not Guilty
Of the 2^d Charge: Not Guilty

The court then sentenced Private Kidder to be publicly reprimanded by the Commander of the Battery. Private Kidder was to be released from custody and restored to duty.

Charles was mustered out with his regiment July 17, 1865 at Benton Barracks, Missouri:

Mom never knew her great-grandfather Charles Kidder, who died some twenty-five years before she was born, nor did she know her great-grandmother Laura Louise (Davis) Kidder, who married Charles in 1867. In fact, she barely knew her grandfather Arthur Kidder, who died when she was a year old. Her father, Coyne Kidder, died when she was six. I clearly never knew any of them, but I remember Mom’s grandmother Louise Ellen (Yaner) Kidder who died when I was nine. All of them are buried in the Sheridan Cemetery. The graves of Charles and his wife Laura Louise are just inside the main gate on the left.

^[1] Prechtel-Huskins, Claire. “Thank you, General Fred C. Ainsworth!,” NGS Magazine Volume 37, Number 4 (October-December 2011): 54-57. NGS Magazine is a publication of the National Genealogical Society.