Search billions of records on Ancestry.com
   
The Trial of James W. Duncan
April, 1866
Savannah Georgia




The entire transcript of the Duncan Trial can be read in "On the Way Home: West Virginia Soldiers on the Sultana" by Linda Cunningham Fluharty, April 2003

April 21st, 1866
10 o'clock A.M.
The Commission met pursuant to adjournment

Present: The same members as yesterday, the Judge advocate, the Accused, and his Counsel.

The proceedings of yesterday were read by the Judge Advocate.

The Commission then proceeded with the trial of James W. Duncan


Theophilus W. Richardson,
a witness for the defense
was duly sworn.


Question by the defense:

State your name, occupation and residence.

Answer.
My name is Theophilus W. Richardson. I am a Grocer by occupation and I reside
in Sardis Ohio.

Question by the defense:
Do you know the prisoner? If so, where did you first see him, where, and
under what circumstances?

Answer.

I know the prisoner. I saw him at Andersonville about the middle of April 1864.
I saw him issuing rations to Union prisoners on the North side of the stockade.

Question by the defense:

What were you doing at Andersonville? Were you there as a Federal prisoner?

Answer.

I was a prisoner.

Question by the defense:

How long were you a prisoner inside of the stockade and how
long did you remain outside?

Answer.

I was in prison from the 10th of March until about the last of June.
I remained ouside of the stockade until the 28th day of November,
1864, when I ran away.

Question by the defense:

How were you engaged when outside the prison?

Answer:

I was working at the Bakery, mixing dough.

Question by the defense:

On what side of the prison was your camp? Near what gate?

Answer:

On the South side, about 75 yards from the gate.

Question by the defense:

Were you so camped on or about the 13th day of June 1864? If so,
state how the rations were brought in at the South gate?

Answer:

I was, Sir: They were brought in on wagons, with tickets, which specified
the number of loaves to each Detachment.

Question by the defense:

Who issued the rations from the wagons?

Answer:

A man named James Ritchie

Question by the defense:

Please describe what kind of looking man was James Ritchie?

Answer:

He was a large man, and looked something like James W. Duncan. He was about
Duncan's size, with dark grey whiskers, and about 5 feet 10 inches
in height, and about 35 years of age.

Question by the defense:

Where you in the habit of going to the wagons when they came in with rations?
If so, did you see Duncan driving the wagon on or about the 13th day
of June, 1864?

Answer:

I was in the habit of going to the ration wagons, but I never saw Duncan
driving one.

Question by the defense:

How often have you seen the Accused inside of the stockade before you
were taken out?

Answer:

I saw him only once in the stockade.

Question by the defense:

If Duncan had been in the habit of issuing rations to the prisoners,
would you not have seen him often?

Answer:

I would, Sir.

Question by the defense:

What was the treatment of this man Ritchie to prisoners?
Answer:

He was a rough swearing man, always threatening.

Question by the defense:

Did you see the Accused on or about the 13th of June, 1864 jump
from the ration wagon, and knock down a prisoner and then jump
upon him with his feet?

Answer:

I did not, Sir.

Question by the defense:

If Duncan had so acted would you have known about it?

Answer:

Yes, Sir.

Question by the defense:

If a prisoner had been killed by such treatment, could the fact have been
kept concealed from the rest of the prisoners?

Answer:

It could not, Sir. We had what we called a Grape vine Telegraph, and it would
have been all over camp in a few minutes.

Question by the defense:

Do you know of a half-witted man having been a prisoner at the same time
you were? If so, describe him.

Answer:

I did see him, Sir, once in a while. When I was up at the gate he was
generally naked, this is all the description I can give of him.

Question by the defense:

Could you see the wagons, when they came in the prison from your camp?

Answer:

I could, Sir. I always was at the wagons when they came in. I had a
good appetite.

Question by the defense:

Did you hear of this half-witted man having been killed at any time?

Answer:

No, Sir.

Question by the defense:

If this half-witted man had been beaten at the wagons, from the effects
of which he died would it have been known in the prison?

Answer:

It would, Sir. Question by the defense:

Was the killing of this half-witted man at any time reported in the prison?

Answer:

It was not.

Question by the defense:

Who issued rations at the North side of the prison?

Answer:

A man by the name of William Humes.

Question by the defense:

When you were employed at the Bakery, what was the ration of Bread,
and how was the Bakery carried on?

Answer:

One pound to three men, or a loaf to three men.

Question by the defense:

Was all the meal that was issued to Duncan at the Bakery baked
and sent to the prisoners?

Answer:

It was, every bit of it.

Question by the defense:

Was Duncan in the habit of feeding his hogs on the bread of the prisoners
or did he ever do so in any instance?

Answer:

I never saw him do it at all.

Question by the defense:

Were you so situated as to have been able to know the fact if
he had done so?

Answer:

I was.

Question by the defense:

Was the prisoner wasteful with the rations of the Union prisoners,
or did he show any particular care for them?

Answer:

He was always very particular in charging us Dough mixers
to be careful of it.

Question by the defense:

In making Bread was there any waste? If so, what was done with it?

Answer:

There was some waste, and it was put into bags and barrels and thrown
out into the woods.

Question by the defense:

Were these sweepings or waste fit for the prisoners? Were they of any
service to them at all?

Answer:

They were not, Sir. They were unfit for anything to eat.

Question by the defense:

What was the general character of the Accused for humanity and
kindness to the prisoners?

Answer:

He was always a very humane man to all of us, and well liked. He saved
my life and that of several others who were there. To sick men he showed very
great kindness, and bring them little dainties from his house.

Question by the defense:

Was Duncan in the habit of cursing, abusing and threatening the prisoners?
Did you ever see him maltreat any prisoner?

Answer:

No Sir. He was not in the habit of cursing, abusing or threatening them.
I never saw him maltreat anyone. Not a man at Andersonville could say a
word against him.

Question by the defense:

How was the Accused regarded by the Prisoners generally as regards
kindness to them or friendship for them?

Answer:

He was always considered a very good man and all the prisoners liked him.
I never heard him utter a harsh word against one of them.

Question by the defense:

You have stated that the Accused was kind and humane to prisoners.
Is it probable that he would murder any of them?

Answer:

He would not.

Question by the defense:

At the time that you were taken outside the prison, were there any Policemen
among the prisoners?

Answer:

There were not.

Question by Judge Advocate

Did Duncan ever issue rations to the prisoners inside of the stockade?

Answer:

No Sir, only on the North side once, when I saw him.

Question by Judge Advocate

When did you see him issuing rations on the North side?

Anwswer:

About the middle of April.

Question by Judge Advocate

How many prisoners were inside the stockade when you saw him issuing rations?

Answer:

As near as I can recollect there were about 18,000.

Question by Judge Advocate

Did you know all the men that issued rations inside of the stockade?

Answer:

There was Mr. Duncan, Mr. Humes and Mr. Ritchie.


Question by Judge Advocate

Were you present at the wagons when they came into the stockade?

Answer:

I was present when they came in.

Question by Judge Advocate

How often were you at the wagons?

Answer:

Every day, I went up to every wagon that come in at the South gate.


Question by Judge Advocate

How many different wagons came into the stockade in the course of the day?

Answer:

I do not know.

Question by Judge Advocate

For what reason did you to to every wagon that came into the stockade?

Answer:

To see the wagon, to hear the news and to draw my rations.


Question by Judge Advocate

You say that the killing of the half-witted man was not reported at any time.
Do you mean to swear that it was not reported or that you did not hear it reported?

Answer:

I mean that I did not hear it. If it had been reported I would have heard it.


Question by Judge Advocate

Did Duncan have any Hogs at Andersonville?

Answer:

I do not know.

Question by Judge Advocate

Were you ever at Duncan's house?

Answer:

Only once, but then I did not see any hogs.


Question by Judge Advocate

You say in making the bread there was some waste. How much waste would there be
in a day? and how do you account for the waste?

Answer:

There would probably be some 4 or 5 barrels. It was lost in mixing it up, and some of it
was spilled on the floor.

Question by Judge Advocate

What was your duty at the Bakery?

Answer:

Mixing Dough.

Question by Judge Advocate

How many hours did you work in a day?

Answer:

Eight hours.

Question by Judge Advocate

You say that Duncan saved your life, as well as the lives of several others-how did
he do it?

Answer:

He took me outside the stockade, fed and clothed me, and cared for me until
I was able to work.

Question by Judge Advocate

You were sick then while inside the stockade; how long were you sick before you were
brought outside?

Answer:

About 5 days.

Question by Judge Advocate

What particular care did he take of you outside the stockade?

Answer:

He gave me provisions,-Onions, Ham and Bread.


Question by Judge Advocate

You say that you were with Duncan 4 hours a day and that he never cursed and abused
anyone. How do you know what he did when you were not with him?

Answer:

I do not know what he did when he was away from me.

Question by Judge Advocate

Might not the Accused have beaten prisoners when absent from you, and you
not have known it.

Answer:

No, Sir. I should have known it if he had.


Question by Judge Advocate

How many times did you see Duncan inside the stockade?

Answer:

Only once.

Question by Defense

At the time of this waste of meal, how many prisoners was bread being
baked for, and how was the waste accumulated?

Answer:

About 18,000 men. The waste accumulated from the sweeping and cleaning up in the morning.


Question by Defense


In your cross examination you stated that Duncan was one of three parties who issued rations inside
the prison.-Please state if you ever saw him issuing rations of Bread, or from a wagon
containing bread?

Answer:
I was the Meal that I saw him issue.

Question by Defense

You say that you would have known if Duncan had beaten prisoners, even though you were not with him.
Please state by what means you would have known it.

Answer:

By the Grape vine Telegraph everything went from mouth to mouth.

Question by Defense

When Duncan left Andersonville, were there any prisoners inside the stockade? What time did you leave?

Answer:

There were none. I left on the 28th day of November. I broke my parole and ran away.


Question by Commission

Was there any particular or striking resemblances between the prisoner Duncan and the man
Ritchie, of whom you have testified? If so, state wherein.

Answer:

There was some. He was man of Duncan's height, he had whiskers, as Mr. Duncan has, only his
were a little more grey. He was an American, a Baltimorean by birth I believe.

Question by Commission

Would you have known one from the other at a distance of fifty yards?

Answer:

I don't believe I should, Sir.

Question by Commission

Did they dress alike?

Answer:

Just about the same, they were dressed in grey clothing.


Question by Commission

State fully what you mean by the "grape vine telegraph"-describe its operation.

Answer:

A circumstance would be reported from mouth to mouth in the twinkling of an eye, almost. One man would tell
another, and so it went.

Question by Commission

Were you employed in the buildings in which the meal and other rations were cooked?

Answer:

No, Sir.

Question by Commission

What became of the half-witted man whom you have described?

Answer:

I do not know, Sir.

Question by Commission

To what Regiment, Bridage, Division, and Corps did you belong, and where were you captured?

Answer:

I was a member of Company A. 1st Virginia Infantry, 3rd Separate Brigade, and 8th Army Corps.
I was captured at Petersburg, Va., on the last day of June, 1864.{this should say January, court transcriber must
have made a mistake}

Question by Commission

Did you draw your rations from the wagon? If so, who issued it to you?

Question by Defense

Yes Sir. James Ritchie issued to me.

Question by Commission

Did Ritchie issue to individual prisoners?

Answer:

He did not He issued to the Sergeants of Detachments.

Question by Commission

Were you a Sergeant of a Detachment?

Answer:

I was not.

Question by Commission

Describe the rations as received by you.

Answer:
A loaf of corn bread to three men. I did not receive anything else but bread.

Question by Commission

By what means did you escape from Andersonville?

Answer:

By running away.

Question by Commission

Did you bribe anyone to obtain your escape? If so, whom?

Answer:

I did not.

Question by Commission

Did you know everything that transpired in the prison?

Answer:

When I was inside, I knew about everything that took place, when I was outside
I could not swear to anything that was done inside.

Question by Commission

Were all the deaths of prisoners reported to you?

Answer:

I heard of all.

Question by Commission

How do you know that there was no report in the prison about the death of a certain
half witted man?

Answer:

From being among the men, I know that there was no report of it.

Question by Commission

Did you live and sleep in the Bakery?

Answer:

I did, in a tent about 10 yards outside of it.

Question by Commission

When you were taken outside of the stockade were you in a worse condition
than the majority of the prisoners confined there?

Answer:

I believe not. I was about as well as the general run of them.

Question by Commission

Have you not said that Duncan took you out of prison, and saved your life,
and now it was your turn to save his, and you would do so?

Answer:

I did.

Question by Commission

Do you know of any grease having been seized at the Depot, that came from the
Cook house of the prisoners of war at Andersonville?

Answer:

I heard of it but know nothing definite of it myself.

Question by Commission

Was Duncan relieved or taken from Andersonville while you remained there?

Answer:

He was taken away on the day before I ran away.

Question by Commission

How many have you known to die, in 24 hours, in the prison at Andersonville?

Answer:

As many as 150 men.

Question by Commission

You say that the prisoner Duncan would not kill a man-how do you know that?

Answer:

From his general character and his treatment to the prisoners while there.

Question by Commission

You say, Richie's whiskers were a little more grey than Duncan's. What do you mean by
a little more grey?

Answer:

A little lighter shade.

Question by Commission

You say that when you drew rations, you received only a loaf of bread for three of you.
Are you positive that you received nothing else.

Answer:

That was all that I received from that wagon.

Question by Commission

What color was Richie's whiskers?

Answer:

Dark grey.

Question by Commission

Was the prisoner communicative to you and did he consult or converse with you
at any time, upon business which could be transacted with persons inside the prison?

Answer:

I went to the Accused and asked him for permission to send food to the prisoners inside,
which he granted, but said that I must do it on the sly, and not let Capt. Wirtz know it.

Question by Commission

You stated that you would have known if Duncan had beaten kicked or mal treated the prisoners
in any way, by the "grape vine telegraph". Did the telegraph extend outside the stockade?

Answer:

It did.

Question by Commission

You stated that you were captured at Petersburg, on the last day of June, 1864. Please state,
who commanded the immediate arny in which you were serving, at the time of your capture, also state
the particular circumstances of your capture.

Answer:

Yes Sir. I was under Genl Milligan. I was scouting and got into the rebel Genl Early's Division which
was marching to attack us.

Question by Commission

What was the distance between the North and South gates?

Answer:

About 250 or 300 yards.

Question by Commission

You have stated that you could not tell Duncan from Ritchie at 50 yards, how could you distinquish
the man who was issuing rations at the North gate, from your quarters?

Answer:

By going over to and talking with him, and making myself known to him.

Question by Commission

Of what material was the stockade built? How far was the dead line from the enclosure?

Answer:

It was built out of Pine Timber, about 18 feet high. 18 feet I believe, was the distance.

Question by Commission

How did you hear that Duncan had pigs or hogs at or near Andersonville, Ga?

Answer:

By the "grape vine telegraph."

Question by Commission

What use was made of the five barrels of waste that you state were made daily at the Cookhouse?

Answer:

They were put into the wagons to be hauled to the woods.

Question by the Defense

When you said that Duncan had saved your life and that now it was your time to save his, how did you mean
to save his life?

Answer:

By telling the truth in his defense.


The Commission then adjourned to meet again at 10 o'clock A.M. on Monday, the 23rd instant.