| Ringgold Barracks Texas
Dec23rd 1862 Whereas the proceedings and Sentence of a General Court Martial held at Ringgold barracks Texas were on the 21st day of December 1862, published to the troops Stationed there on parade, together with the orders of the officer ordering the Same, among which was as follows, Head Quarter (1st) District of Texas San Antonio Nov 18 1862 General Order No 7. XIII At the General Court Martial Which convened at Ringgold Barracks Texas on the 29th day of July 1862, pursuant to General Order No 13, dated July 17 1862, from the Head Quarters of the Texas Mis. Dist. South of the Red River, and for which Major W.O. Yager, Mounted Batt T.V. Cavalry is president and arraigned and Trial, Captain J.R. Marmion, 3rd Regt. Texas Infantry on the following Charges and Specifications “Viz” Charge Conduct unbecoming an Officer and Gentleman. Specification 1st In this that he, Captain James R. Marmion, Formerly of Artillery now of the 3rd Regt Texas Infantry C.S. Army did on or about the 25th day of September 1862 at San Antonio Texas. Since he became an Officer of the Confederate Army propose to first Liuet Phillip Shu… then of Capt. Marmions Company of Artillery now of Company “G” 3rd Regt Texas Infantry C.S. A. to swap or trade on exchange watches with him, representing to him, (the Same Luiet Shardin) that his, Shardains watch was better Suited to a Lady, and that he wished to make it a present to his Sister in law, to this proposal of Capt Marmion he, (Lieut Shardain) Believing that Capt. Marmions watch to be a good gold watch while in reality it was a finish back or composition watch of little value, assured particularly as he (Capt Marmion) assured him (Lieut Shardain) that it was a good time Keeper and did not inform him in any manner whatsoever but left him in ignorance that his Said watch was not a gold one, acting upon this belief and the rep- resentation of the Said Capt. Marmion, that his watch was a good timer keeper he (the Said Lieut Shardain) made exchange of watches With the Said Capt. Marmion receiving from him the composition watch above Specified giving him in exchange a good gold watch of the value of eighty dollars, and a gold chain attached thereto of the value of twenty dollars which he, the Said Captain Marmion accepted and received without making any compensation whatever to the Said Lieut Shardain for difference in the value of the Said watches. This at San Antonio Texas Specification 2nd In this that he, Capt. James R. Marmion 3rd Regt Texas Infantry C.S.A. did on or about the day of March or April 1862 at Fort Brown Texas in a boasting manner State in the presence of Confederate States officer to wit, Lieut Bernard Holtz of Capt Cruzborin comp- any of Artillery, and other officers that had intentionally cheated Said Lieut Shardain out of a good gold watch giving him in exchange a composition or a finish back watch not worth nine dollars further adding in the manner in which he had succeeded in accomplishing the trade and that he Lieut Shardain had been so ashamed of being So taken in that he had not worn the watch “since” or words to that effect. This at Fort Brown Texas Specification 3rd In this that he, Capt. James R. Marmion 3rd Regt Texas Infantry C.S.A. did on or about the 8th day of August 1862 at Ringgold Barracks Texas. Say to or in the presence of Lieut Col A. Buchel 3rd Regt Texas Infantry C.S.A. commanding at Ringgold Barracks that he had owned the watch” referred to and described in the two foregoing specifications, but two or three days and was ignorant that it was not a gold watch when he accomplished the exchange of watches with Said Lieut Shardain” or words to that effect. This at Ringgold Barracks Texas To all of which The accused pleaded not “Guilty” The Court after Maturely considering the existence addressed, first the accused Capt James R. Marmion 3rd Regt Texas Infantry as follows “Viz” Of the first specification “Guilty” of the Second specification, “Guilty” of the Third specification, “Guilty” substituting the words ”a short time” for two or three days of the charge ”Guilty” and do therefore Sentence the Said Capt. J. R. Marmion 3rd Regt Texas Infantry to be dismissed the service. The commanding General approves of the finding and Sentences of the General Court Martial and orders the Sentence to be carried into effect with the exception of the findings and Sentence in the case of Capt. James r. Marmion 3rd Regt Texas Infantry C.S. Army which is hereby disapproved and the accused will be released from arrest and return to duty. XV. The General Court Martial of which Major W.O. Yager Mountain Battery is president is hereby dissolved by order of Brig Gen P.O. Herbert Samuel Boyer Davis A.A. General Therefore we the undersigned officers of The 3rd Regiment Infantry and of Capt E. Cruzbuire artillery company, C.S.A. Army Stationed at Ringgold Barracks Texas do respectfully protest against the order of Brig Gen P.O. Herbert returning Capt James R. Marmion to duty believing it to be in violation of the regulations of the Army Art 38 Sec 872 and we further declare that we cannot Serve in the Same corps with the Said Capt James R. Marmion after being found Guilty of the charge and specifications, unless forced to do so in Conformity with a Strict compliance with the regulations. The Verdict: Capt James Roger Marmion's conviction was overturned by headquarters, he resigned his position in the infantry, was given his back pay and joined the Marine Dept. Eventually he commanded the Matagorda Marine Dist. untill the end of the war. |
| The Trial |
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