HOWARD CEMETERY, ENTERPRISE, MAURY COUNTY TENNESSEE
as transcribed by Barbara Manderschied

Official Copy for Sergt. Samuel Morrow, 5th Tennessee Cavalry Volunteer
J. Holt*
Judge Advocate General

Proceedings of a General Court Martial which convened at Nashville Tennessee in the case of Samuel Morrow, Sergt. 5th Tennessee Cavalry, by virtue of the following order, viz:
Head Quarters District Tennessee
Nashville, Tennessee, September 14, 1864
Special Order)
No. 216 )
Extract
VIII. A General Court Martial is hereby appointed to meet at Nashville, Tennessee, on the 15th day of September 1864 or as soon after as practicable for the trial of such prisoners as may be brought before it.
Detail for the Court
Lieut Col W. T Pyfer 77th Pennsylvania Volunteer Infantry
Capt William A. Thomas 111th " " "
" Neal Craig 46th " " "
" Charles W. Noyes 13th Wisconsin Volunteer Infantry
" James M. Leighton 104th Illinois Volunteer Infantry
" Silas Pearson 137th New York Volunteer Infantry
" Aaron Pinney 8th Iowa Volunteer Infantry Cavalry
" B. G. Heistand 9th Pennsylvania Volunteer "
" Isaiah Tower 93rd Ohio Volunteer Infantry
" H. H. McMichael 46th " " "
" M. P. Thatcher 2nd Michigan Volunteer Cavalry
2nd Lieut Thomas G. Quayle 2nd Minnesota Volunteer Infantry
Capt C. R. Miller 18th Michigan Volunteer "
Judge Advocate

No other officers than those named can be assembled without manifest injury to the
service. The Court then appointed will sit without regard to hours.
By Command
Major General Rousseau

B. H. Polk
Major and A.A.G**

[*General Joseph Holt, 6 Jan. 1807-Kentucky - 1 Aug. 1895-Washington, DC
**B. H. Polk, Assistant Adjutant General, 14th Army Corps]
Head Quarters District Tennessee
Nashville, Tennessee
September 20 1864
Special Order)
No. 221 )

Extract
IV Lieutenant Colonel W. P. Roper, 6th Kentucky Volunteer Cavalry, is hereby detailed as a member of the General Court Martial convened in pursuance of Special Order No. 316 Par. 8. C. T. from these Head Quarters.
By Command of
Major General Rousseau

B. H. Polk**
Major and A.A.G.

General Court Martial Room
Capitol Nashville, Tenn., Sept. 28/64

Court met at.8 o'clock a. m. pursuant to adjournment of the 27th instant and by virtue of the foregoing orders:

Present
Lieut. Col. F T Pyfer 77th Pennsylvania Volunteer Infantry
Capt. Wm A. Thomas 111th " " "
" Neal Craig 46th " " "
" Chas. W. Noyes 13th Wisconsin Volunteer Infantry
" James M. Leighton 104th Illinois Volunteer Infantry
" Silas Pearson 137th New York Volunteer Infantry
" Aaron Pinney 8th Iowa Volunteer Cavalry
" B. G. Heistand 9th Pennsylvania Volunteer Cavalry
" Isaiah Tower 93rd Ohio Volunteer Infantry
" H. H. McMichael 46th " " "
" M. P. Thatcher 2nd Michigan Volunteer Cavalry
2nd Lieut. Thomas G. Quayle 2nd Minnesota " Infantry
Capt. C R Miller 8th Michigan " "
Judge Advocate
Absent
Lieutenant Colonel W. P. Roper (by permission), 65th Kentucky Volunteer Cavalry

Minutes of last session read by Judge Advocate and approved.

The Court then proceeded to the trial of Private Samuel Morrow, 5th Tennessee Cavalry, who was also present in Court and having heard the Order read convening the Court, was asked if he had any objection to any member named therein to which questions he answered in the negative.

The Court was then duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the Presiding Officer both in the presence of the Accused.

Accused desired no Counsel in his behalf. The said Accused Private Samuel Morrow, 5th Tennessee Cavalry, was then arraigned on the following Charges and Specifications (the original of which is hereunto accepted, marked exhibit "A" and made a part of the Record).

Charges and Specifications preferred against Samuel Morrow, 5th Tennessee Cavalry (Stokes).

Charges (illegible} Murder

Specification: Is this, that on or about the 24th day of August 1864 at or near Mount Pleasant in the State of Tennessee one Samuel Morrow (Rank unknown) belonging or said to belong to the 5th Tennessee Cavalry (Stokes) did voluntarily with malice aforethought with pistol or gun loaded with powder and ball shoot and kill and did directly aid and abet in shooting and killing one William F. Coffey a peaceable and law abiding citizen.
W. C. Squire
Captain and Acting Judge Advocate
Witnesses

E. O. Crop
Dr. W. P. Stockard
Walter Parker
James T. Crop
Dr T. P Jourdan

To which Charges and Specifications the Accused pleaded as follows:

To Specification to Charge: Not Guilty
Charge: Not Guilty

Dr Stockard was first introduced as a Witness on the part of the Prosecution and after being duly sworn by the Judge Advocate in the presence of the Accused, in answer to interrogations though the Judge Advocate, testified as follows.

1st Int. State your name, residence and profession?
Ans. W. P. Stockard. I am a practicing physician at Mount Pleasant.

2nd Int. State what you witnessed of the shooting of Wm F. Coffey at Mount Pleasant, Tennessee. State when it was and all circumstances in your knowledge connected therewith.

Ans. It occurred about the 22nd or 23rd of August last, so far as I recollect, in the afternoon. I had stepped out of my office near the hotel when I noticed a squad of Federal soldiers several of whom were near the hotel. Among them, I recognized Howell who did the shooting. A short time after this I noticed William Coffey (deceased) and his brother-in-law John Blakely riding into the village.

They dismounted and came up to the hotel where several citizens and soldiers were sitting, shaking hands with all as they came so far as I saw. He seated himself on a bench, one or two men above where Howell was sitting. After sitting a very few minutes I observed Howell get on his horse. This Howell was named Major Howell, commonly known as Buck Howell. Howell went across the square to a blacksmith shop. After a few minutes he came back accompanied by the Prisoner. They rode up in front of the hotel within (15) feet of where Coffey was sitting when the Prisoner spoke to the Deceased saying, "How are you, Bill" or something of the kind. Coffee returned the salutation with "How are you, Mr. Morrow." The Prisoner then asked Coffey if he ever heard that it was his (Morrow's) intention to waylay and kill him (Coffey).

Coffey replied that "He had not." The Prisoner then asked if Coffey thought that he (Morrow) was afraid of him (Coffey) or if he didn't think he had the courage to come up openly if he wished to kill him (Coffey) instead of waylaying him. Coffey replied that he knew no reason why Morrow should be afraid of him and that if the (Prisoner) wished "to kill him but do it openly." This question was repeated twice and answered pretty much the same, Coffey adding that he didn't want him (Morrow) to be afraid of him, that he "wished no difficulty" with him or any other man.

The Prisoner than asked Coffey if he was armed or if he carried any arms. Coffey replied that he had no arms nor carried any arms. That is about all I recollect of passing between the Prisoner and Coffey. Then this Buck Howell (before mentioned), turning to Morrow said, "I reckon we had better shoot him (Coffey)." To this, though addressed to the Prisoner, the Deceased answered, you have me in your power, you can do as you choose, or something to that effect. I heard the Prisoner say nothing in reply. I did not see him make any sign or gesture of assent or dissent; he sat still on his horse. Howell then drew his pistol and shot Coffee twice. The first shot apparently killed Coffee. I judged from the expression of his face that the first shot killed him. I examined the body. One shot entered the breast and ranged downward cutting the heart or large blood vessel close to the heart and lodged in the spine. The other shot entered the neck just below the clavicle, passed through the neck and lodged in the spine. Coffey did not live over three minutes from the shots, probably not so long. I think either wound was mortal. I recollect nothing said by the Prisoner after the shooting. After the shooting Howell ordered me to examine Coffey and see if he was dead. I hesitated somewhat for Howell was preparing to shoot a third time. I then went up and took hold of Coffey and told Howell that he was dead. Howell got off his horse and came up to the body and turned it over.
Howell asked me if I took Coffey's pistol. I said I had nothing to do with it, that I disliked to see men settling their difficulties that way. Several of them said that it was well for me that I did not. I think Accused was one of those making this remark but am not positive. Howell and the Prisoner were armed. The Prisoner had his gun lying across his lap. Shortly after the shooting, five minutes perhaps, the Prisoner and Howell rode off. I don't think the Prisoner dismounted at all.

3rd Int. State the manner and tone of the Prisoner during this conversation with deceased?
Ans. I don't think it was angry. It did not seem to be in a quarrel. Prisoner seemed to be inquiring about a report he had heard.

4th Int. State the character of the deceased as a citizen.
Ans. He was a highly respectable man, highly esteemed by his neighbors as far as I know. He was a very peaceful man. I had heard of his having some trouble with the Prisoner, but this was the only case I ever heard of.

Crop Examination
1st Int. How long after Howell made the remark "I reckon we had better shoot him,"
was the shooting?
Ans. It was almost instantly followed by the shooting.

2nd Int. Did anyone try to prevent the shooting?
Ans. I spoke to Howell "to not shoot," He made no reply.

3rd Int. Was there time for any active interference to prevent shooting?
Ans. Not unless by the Prisoner who was very near. I think the Prisoner objected to Howell's shooting a third time as Coffey was evidently killed. I think Sergt. Wysnack also told Howell not to shoot again.

4th Int. Were the two shots fired in immediate succession?
Ans. They were as quick as he could bring the pistol to bear.

5th Int. Was the shooting done with a revolving pistol?
Ans. It was.

6th Int. In which hand was he pistol held?
Ans. In the right hand.

7th Int. Did the Prisoner attempt to use his gun?
Ans. I saw no attempt whatever to use it.

8th Int. Was there not others there armed besides Howell and the Prisoner?
Ans. I think a squad of soldiers had their guns.

9th Int. How many persons were present?
Ans. At first there were a dozen soldiers perhaps and two or three citizens.

10th Int. Was there anything said during this conversation about the connection of the Prisoner with the Federal Service?
Ans. Not that I heard.

11th Int. Had Mr.Coffey been connected at any time with the Rebel army?
Ans. He had once been a lieutenant in theRebel army.

12th Int. How long did he serve in the Rebel army?
Ans. He was in at Ft. Donelson. He then left the Rebels and was about a good many months. He did not stay long but came back and gave himself up and took the oath of amnesty as I understand. I did not see him take the oath but have good reason to believe he did take it.

13th Int. How long have you known the Prisoner?
Ans. I have known him a long time, pretty well for ten years.

14th Int. State the reputation of the Prisoner for that time as a citizen?
Ans. So far as I know he has the reputation of being a peaceful and quiet man.

The witness was then permitted to retire.

Dr. Jourdan was next introduced as a witness on the part of the prosecution and after being duly sworn by the Judge Advocate in the presence of the accused testified as follows.

1st Int. State your name, residence and profession?
Ans. J.P Jourdan. I am a physician and reside at Mount Pleasant, Tennessee..

2nd Int. State what you witnessed of the killing of Wm F. Coffee at Mount Pleasant.

Ans. I was coming up towards the tavern when I saw some soldiers in front of the hotel, Howell and the prisoner amongst them. The Prisoner recognized me. I shook hands with him and I said something about so old a man as he being a soldier. He replied that he was able to do the duty of a soldier. I passed near the tavern door and sat down on a long bench on the pavement. I also noticed Mr.Coffey who said, "How do you do Mr. Morrow." Morrow then asked (Coffey) if he (Coffey) had not said to some one that he (Prisoner} intended to waylay and kill him (Coffey). Coffee replied that he had made no such statement to any one.

Morrow asked Coffey if thought that he (Morrow) would do such an act as that. Coffey replied that he thought Morrow had firmness or bravery to meet any man openly with whom he had a difficulty. I think previous to this Morrow asked Coffey if he was armed. Coffey replied he was not. The Prisoner asked Coffey if he thought he (Prisoner) was afraid of him (Coffey). Coffey replied that he was afraid of no man himself and that he wished no man afraid of him, that he sought no difficulty himself .This is all I remember that passed between Morrow and Coffey. At the time, the Prisoner was on his horse in front of Coffey, ten or twelve feet from him. Howell and the Prisoner were side by side in front of Coffey. During the conversation I don't think Howell said anything. Howell, after this conversation, said he believed he might as well kill him (Coffey) and drew his pistol and fired immediately. He immediately fired a second time. Each shot took effect on Coffey and either shot would have killed him. After the first shot Coffey was sitting erect. Coffey died immediately of the shots received. He never said a word after being shot. After I came out of the house the Prisoner and Howell were gone.

3rd Int. State the manner and tone of the conversation?
Ans. They did not talk like men quarreling. There was no abusive language used by either. It was evident from the conversation that there was no good feeling between them.

4th Int. State the character of the Deceased?
Ans. I never heard of his getting into difficulties. I considered him a good and quiet citizen.

Crop Examination
1st Int. To whom was this remark made of Howell's about killing Coffey addressed?
Ans. To Coffey himself.

2nd Int. At the time Howell made this remark was he raising his pistol to shoot?
Ans. He was getting it ready. The shot was made immediately, not over five (5) seconds after. There was no time for any one to interfere before this shot.

3rd Int. How long have you known the prisoner?
Ans. Twenty-five (25) or thirty (30) years.

4th Int. State his reputation as a citizen prior to this occurrence.
Ans. I never heard anything against the Prisoner's character as a quiet, unoffending citizen before this.

The case was here continued until October 20th 1864. On application of Judge Advocate in order to obtain witnesses for the prosecution and also for the defense.

General Court Martial Room
Capitol, Nashville. Tennessee
October 20, 1864

Court met at 8 o'clock a.m. pursuant to adjournment September 28th 1864 and by virtue of the Orders herein before mentioned.

Present
Lieutenant Fred T. Pyfe 77th Pennsylvania Volunteer Infantry
Captain Wm A. Thomas 111th " " "
" Neal Craig 46th " " "
" Chas W. Noyes 13th " " "
" Silas Pearson 137th Wisconsin Voluntary Infantry
" B. G. Herstand 9th Pennsylvania Volunteer Cavalry
" Isaiah Tower 93rd Ohio Volunteer Infantry
" H. H. Michael 46th " " "
" M. P. Thatcher 2nd Michigan Volunteer Cavalry
2nd Lieutenent Thomas G. Quayle 2nd Minnesota " "
Captain C.R. Miller 18th Michigan . " Infantry
Judge Advocate
Absent
Lieutenant Colonel Wm Roper (Excused) 6th Kentucky Volunteer Cavalry
Captain Aaron Pinney (Excused) 8th Iowa Volunteer Cavalry
" James M. Leighton 104th Illinois " "

The Court then proceeded with the trial of Samuel Morrow, Sergt 5th Tenn. Cavalry, who was present with his Counsel in Court.

Judge Advocate stated to the Court that by agreement with the defendant and in order to save trouble and expense to the Government, we had agreed that the defense might at this stage introduce what witnesses for the defense were present in the city; this, however, with the full understanding that he (the Judge Advocate) could introduce such further evidence as he can fit upon the arrival of witnesses now subpoenaed for the prosecution.

Mrs. Williams was then introduced as a witness on the part of the Defense and after being duly sworn by the Judge Advocate in the presence of the Accused, in answer to interrogatories through the Judge Advocate, testified as follows as follows:

1st Int. State your name and residence?
Ans. Elizabeth Williams. I live in Maury County Tenn.

2nd Int. Are you acquainted with the Accused and did you know Mr. William L. Coffey who was killed at Mount Pleasant in the month of August last?
Ans. Yes. I know them both.

3rd Int. How near to the residence of Coffey did you live and how long had you known him?
Ans. I lived about a mile of him. I knew him thirteen (13) years.

4th Int. What was the reputation and character of said Coffey a citizen?
Ans. Very bad .He was not called a peaceable man in his neighborhood. He was called a quarrelsome, meddling kind of a man.

5th Int. Did you ever know of his committing any depredations or acts of violence against the Union people of your neighborhood? If so, what?

Ans. Yes. I have seen him go about the Union people's houses searching them.
I saw him search Mrs. Morrow's house and my uncle's house (John Spencer). I was present. It was in last March. I don't know how many were with him. It was in the night; three or four were inside the house and I don't know how many outside. Coffey stood at the door with the pistol in his hand while they were searching. All those I saw were armed. Some had guns and some had pistols. I don't know what they took away. They threatened to kill Mr. Morrow (Accused) if he ever came home. I heard Mr. Coffey make these threats. They also threatened to kill my uncle Mr. Spencer. In consequence of these threats Mr. Spencer went away from here and remained away a year. Mr.Coffey did not give any reason for killing Accused as I heard of. He threatened my uncle, Mr. Spencer, and said he should not live there because my uncle was a Union man. He was armed when at Mr. Spencer's.

6th Int. Are Mr. Morrow and the Accused Union men?
Ans. Yes, they are now and were at the time before mentioned.

7th Int. Did you see Mr. Coffey often before he was killed? If so, was he usually armed?
Ans. Yes, sir. I saw him often. He was usually armed with his pistols. I saw him not over a week before he was killed. He was then armed.

8th Int. Do you know whether Mr. Coffey was at any time connected with a guerrilla band or acted or acted as a guerilla?
Ans. He was. He acted as a guerrilla himself.

9th Int. How recently had he been acting as a guerrilla?
Ans. I cannot say exactly. It was about a week or two before he was killed.

Crop Examination:
1st Int. What did you know of his doing?
Ans. I did not see him do anything. I heard of it. I heard of his being at Mrs. Morrow's. She told me so herself.

Question by the Accused
Was it not generally supposed and understood by the Union people of your neighborhood that Coffey was a guerrilla up to the time of his death?
Ans. Yes, sir. It was.
Question by Court.
Whom did you ever hear say Coffey was a guerrilla?
Ans. I have heard Mr. Coffey, Mrs. Coffey, my Uncle Spencer, the�Mr. and Mrs.
Morrow. I have heard the two Williams speak of it. Mr.Ike Spencer, too.

2nd Int. What did Mr. Williams say?
Ans. He called him a guerrilla.

3rd Int. Where did Coffey carry his pistol when you saw him armed?
Ans. In a belt.

4th Int. Did not people usually carry arms?
Ans. Not everybody. Some had not got any, a good many carried arms.

Mrs. Coffey was next introduced as a witness on the part of the defense and after being duly sworn by the Judge Advocate in presence of the Accused, in answer to interrogatories through the Judge Advocate, testified as follows.

1st Int. State your name and residence?
Ans. Catherine Coffey. I live in Giles County, Tennessee, about four (4) miles from where Mr. Coffey used to live. I knew Mr. Coffee, have known him about year.
I am related to Mr. Coffey by marriage. I married his cousin.

2nd Int. What was the reputation and character of Mr. Coffey as a citizen?
Ans. He was considered a guerilla in the neighborhood; he was considered a guerrilla up to the time of his death.

3rd Int. Did you know of his committing any depredations against the Union people of your neighborhood or of his making any threats against them?

Ans. I have. I have known of him going to Union people's houses and robbing and taking their things. It was along this summer. I can't tell the month it was in he robbed Morrow's house. I don't know positively that he took anything from Mrs. Hickman's. The first time I saw him with a band of guerillas was about three (3) weeks before last Christmas. He then was with twenty-five (25) men. The last time I saw him there was about a month before he was killed. He had thirteen (13) men there. The last time I saw him with the band he said he was hunting horses for Col. Biffle. I understand Col. Biffle to be a Southern guerrilla.

4th Int. Did you ever know of his making any threats against any Union person or persons in your neighborhood? If so what?
Ans. I have heard him make threats against the Accused. This was about two weeks before Coffee was killed. He said he "longed" to kill him if he could ever catch him at home, that Morrow should never come there to live, for he had gone to the damned Yankees. He tried to have me to let him know when Mr. Morrow, the Accused, came out home. He said he would give me fifty (50) dollars to let him know. This was in Screamerville. I have heard him threaten Mr. Howell too. I never told. I never told Mr. Morrow of this threat for I never saw him after that until this morning. I saw Mr. Coffey often. He was always around. I never told Mrs. Morrow of this.

Crop Examination
1st Int. Did you ever tell this threat of Coffey's and his trying to bribe you to anybody?
Ans. No. I never did tell it to anybody. They told me that if I ever did that I wouldn't live and do well. Bill Coffey and his brother Ham Coffey was there. They were both of them armed.

Mrs. Thomason was next introduced as a witness for the Defense and after being duly sworn by the Judge Advocate in the presence of the Accused, in answer to interrogatories through the Judge advocate, testified as follows:

1st Int. State your name and residence?
Ans. Sarah Thomason. I live in the upper edge of Maury County about three (3) miles from where Mr. Coffey used to live.

2nd Int. Did you know Mr.Coffey?
Ans. Yes, I did. I used to see him often.

3rd Int. What was his reputation as a citizen?
Ans. He wasn't a citizen. He was a guerrilla. That's what people said of him. That was his reputation up to the time of his death.

4th Int. Do you know of his committing any depredations against Union people?
Ans. I only know of his molesting Mrs. Morrow's house. He just went there and robbed her home. This was wife of the Accused. This was this summer. I don't know the month. He went there with others. They were armed.

5th Int. Did you ever hear of his making any threats against Union people?
Ans. I have heard him make threats against Major Howell. He said he had waylaid the road many a time for him and that he was going to kill him on first sight. He said he was going to kill Howell because he had gone to the Federals. Howell was then in the Union army. Coffey had pistols when I saw him.

Crop Examination
1st Int. Where was this talk?
Ans. At my home.
Mrs. Hickman was next introduced as a witness for the Defense and after being duly sworn by the Judge Advocate in presence of the Accused, in answer to interrogatories through the Judge Advocate, testified as follows:

1st Int. State your name and residence?
Ans. Mrs.Elizabeth Hickman. I live in Giles County, Tennessee.

2nd Int. Did you know Mr.Coffey?
Ans. I had known him all his life. He lived about three miles away from one.

3rd Int. What was his reputation as a citizen?
Ans. He was always called an overbearing kind of man ever since he has been grown.
He has been since this war part of the time in the Southern army and the rest of the time guerrillaing about among his neighbors.

4th Int. Do you know of his having committed depredations against Union people?
Ans. He came to my house once with the guerillas. This was about 9 o'clock at night bout a year ago. I asked him what they wanted. They came in and commenced searching the house. Coffey came in and went under my beds searching. They all had pistols. Three came in the house. I don't know how many were in the yard. They did not take anything away from my house. I asked Mr. Coffey if he was hunting men. Mr.Coffey said, "No." They left me and went and robbed several Union men of their salt that same night. That was the report. That same night they hung James Johnson. Mr. Coffey held Mrs. Johnson in the house while the rest of them hung Mr. Johnson. Mr. Johnson and his wife both told me about it the next day. They took him (Johnson) down before he was dead. I saw him next day. He came to my house next day. His face and neck and head were swelled up so he could hardly talk He told me what was the matter. Since my son went into the Union army Wm Coffey would not speak to me. I never heard Mr. Coffey threaten any Union people.

Major Howell was next introduced as a witness on the part of the Defense and after being duly sworn by the Judge Advocate in the presence of the Accused, in answer to interrogatories through the Judge Advocate, testified as follows.

1st Int. State your name, rank and residence?
Ans. Major Howell, Private, 5th Tennessee Cavalry (Stokes).

2nd Int. Do you know the Accused? If so, state who he is.
Ans. I know him. He is Samuel Morrow.

3rd Int. Did you know Wm F. Coffey who was killed at Mount Pleasant in the month of August last.
Ans. Yes. I knew him well.

4th Int. Were you present when he was killed?
Ans. Yes, I was.

5th Int. By whom was he killed?
Ans. I killed him.

6th Int. Did any person aid or abet you in killing him (Coffey)?
Ans. No, not any person at all.

7th Int. Had you at any time any agreement or arrangement with any person to aid you in killing Coffey or did you do it voluntarily and of your own accord?
Ans. I did it voluntarily and of my own motive. I went out to do it. I did not have any arrangement with anybody else at all about it.

8th Int. Had you told any person that you were going to kill Coffey at that time.
Ans. I did not.

9th Int. Why did you kill him?
Ans. Because he had threatened to kill me and Mrs. Morrow and I thought it was time that all such men ought to be killed, anyway.

10th Int. What was Coffey's reputation in this neighborhood?
Ans. He was, in the opinion of all Union men a guerrilla, or bushwhacker.

Crop Examination
1st Int. For what did you go over to where Mrs. Morrow was that day Coffey was killed?
Ans. I don't remember why unless it was to go over after Williams, another
bushwhacker who used to run with Coffey.

2nd Int. What did you go back for where Coffey was?
Ans. Because some of the boys were there.

3rd Int. What put it into your head to kill Coffey when you went back with Morrow?
Ans. Coffey commenced cussing and I thought as he had threatened my life that my life was as good as his and I might commence then. The talk commenced about Mr. Morrow's asking Coffey about waylaying the road.

4th Int. Who was in command of the squad of soldiers there?
Ans. Accused was. He was Sergt.

5th Int. What regiment does the Accused belong and what is his rank?
Ans. What is his rank?

Accused objects to this question on the ground of irrelevancy as the charge does not positively allege that he belongs to any Right Court cleared for deliberation. Objection overruled. Court opened. Accused, his Counsel and the witness called in.

Ans. He belongs to the 5th Tennessee Cavalry. He is a Sergt.in Company H.

On motion of the Judge Advocate the case was continued until 8 o'clock Monday morning.

. Court adjourned.

Court met at 8 o'clock a.m. pursuant to adjournment of the 20th inst. and by virtue of the Orders herein before mentioned.

Present
Lieutenant Fred T. Pyfer 77th Pennsylvania Volunteer Infantry
Captain Wm A. Thomas 111th " " " " Neal Craig 46th " " " " Silas Pearson 137th New York Voluntary "
" B. G. Herstand 9th Pennsylvania Volunteer Cavalry
" Isaiah Tower 93rd Ohio Volunteer Infantry
" H. H. Michael 46th " " "
" M. P. Thatcher 2nd Michigan Volunteer Cavalry
2nd Lieutenent Thomas G. Quayle 2nd Minnesota " "
Captain C.R. Miller 8th Michigan " Infantry

Absent
Lieutenent Colonel R.P.Roper (Excused) 6th Kentucky Volunteer Cavalry
Captain Chas W. Noyes (Excuse 13th Pennsylvania Volunteer Infantry
" Aaron Pinney (Excused) 8th Iowa Volunteer Cavalry
" James M. Leighton (Excused) 104th Illinois Volunteer Infantry
Judge Advocate

The Court then proceeded with the trial of Sergt Samuel Morrow, 5th Tennessee Cavalry (Stokes), who was with the Counsel present in Court.

Mr. Thomason was then introduced as a witness on the part of the Prosecution and after being duly sworn by the Judge Advocate in the presence of the Accused, in answer to interrogatories by the Judge Advocate, testified as follows

1st Int. State your name and residence?
Ans. J.C. Thompson. I reside in Maury County, Tennessee.

2nd Int. Do you know the Accused and did you know the Deceased, Mr. Coffee?
Ans. I did.

3rd Int. State what you know of a quarrel or difficulty existing between the Accused and Mr. Coffee previous to the decease of Mr. Coffee?

Ans. The first I knew of it was last fall or winter I was staying at Columbia. Mr. Morrow came in there with a small squad of soldiers. Mr. Morrow (Accused) said that Bill Coffey had run him (Morrow) away from home and that if he came across him he (Accused) would slay him. I went with the squad. They were going out to the neighborhood of the Accused and myself. I went with them. We had got between two and three miles from town when we stopped to feed. I saw a bunch of Federals come up the road. They were under the command of Colonel Mizner, 14th Michigan,* who at that time commanded the Post at Columbia. The Colonel asked who commanded the squad. Sergt. Montgomery answered that he did. Colonel Mizner then said to Montgomery not to molest any citizens, especially the Coffey boys (meaning Wm and Hamilton Coffey), as he was "not done with them yet." The Colonel then left. I went to Mr. Morrow's (Accused) and I then went to Green Coffey's and stayed. I then went back to Columbia the same night.

4th Int. State what conversation you had with the Accused at his house about six weeks or thereabouts before Wm Coffey was killed, in regards to Mr. Coffey.

Ans. I was at Mr. Morrow's house about that time. Jim Howell was there. Accused and I went to one side and talked awhile. We talked about Coffey. Accused asked me if I had heard Coffey make any threats against Accused. I replied that I had not. Accused then said he intended to slay Coffee if he ever got a chance. I said "You'd better be careful as Coffey is a Mason and that goes a long ways." Accused said, "You are right, for there is a Mason in my Company who gets drunk whenever he pleases and he is never punished."

5th Int. Did you not have a conversation with Accused about the same time as this in regard to Coffey? At Mr. Morrow's own house? If so, state what was said and also state what Mrs. Morrow (wife of the Accused) said to Accused in regards to the same thing.

Ans. I was at Mr. Morrow's house the same night I met Colonel Mizner. Accused was saying what he intended to do to Coffey. Mrs. Morrow said to him, "Bill Coffey has never been on your place since you have been gone as I know of. He has always treated me gentlemanly. There are those you ought to kill, but Bill Coffey has never treated me amiss." This was about a year ago. I don't think Accused found his mouth to reply.

6th Int. Have you since the killing of Mr. Coffey had any conversation with Accused about the killing? If so state when and where it was; state this conversation fully.

Ans. After the killing, shortly after, the Wheeler said, "I met the Accused in Columbia. He asked me what was said about Coffey's death down there." I replied that I understood that Squire McClindry had taken down testimony about the killing. Accused said "McClindry had better watch what he was doing," that the Accused had made his return up yonder "to his command," that he had "command of the squad that killed Coffee." and that he "was promised another squad and then three or four would go up." This was about two or three weeks after the killing but a short time after.

7th Int. State whether or not during this war you have always been a Union man.
Ans. I have and always expect to be one so long as I live. I have had my house and everything I had burnt by the Rebels; my stock stolen. My family is now barefooted and bareheaded and living in a shanty in consequence. I have been driven away by the guerrillas twice and had to flee for my life. Mr. Morrow and myself have always been Union men and good friends.

8th Int. Did you live in Mr. Coffey's neighborhood? If so state what sort of man he was, whether he was a quiet citizen or not?
Ans. I lived in three miles of him. I think he was a quiet man. If he ever had connection with any guerrilla bands through my country, I never knew it. He never was along with any who pestered me. His reputation was fair as any man's. He came back from the Rebel army about a year ago or a little over and took the oath of allegiance. I heard him take the oath in Columbia.

The Accused objects to the questions for the reason that the best evidence should be addressed to establish the fact that the Law of Congress and the Order of the War Department specifies what shall be evidence of having taken the oath.

In reply Judge Advocate says that he only wishes to prove this oath taking incidentally as a circumstance to show the good conduct and peaceful law-abiding character of the Deceased since his return from the Rebel army. That the objection of the Accused would have force if the Oath was pleaded in Defense or Amnesty of Deceased for any offence for which he was on trial before this Court.

That Judge Advocate has a right to show this fact like any other fact that goes to make up the character and conduct of the Deceased by the evidence of a witness who saw and heard it.

Court was cleared for deliberation and after duly considering the objection of the Accused and the reply of the Judge Advocate, the Court overruled this objection.

Court opened. Accused, Counsel and witness called in, decision of the Court announced.

Judge Advocate then offered in evidence a printed certificate purporting to be issued by the Provost Martial, Columbia, certifying to the fact that Wm Coffey there appeared and took the of Oath of Allegiance to the United States.

Judge Advocate also offered to prove that the Captain Nixon whose name was signed to the Certificate was at the time Provost Martial at Columbia and that his signature to the Certificate was genuine. Accused did not object to the admission of the document as evidence. Judge Advocate then read Certificate, the original of which is hereto annexed. Marked Exhibit "B" and made a part of this Record.
____

Copy B
Provost Marshall's Office
Columbia Tennessee
December 3rd 1863

This is to certify that Wm F. Coffey of the County of Maury, State of Tennessee, has this day taken the oath of Allegiance to the Government of the United States and filed a bond in this office in the sum of Five Thousand Dollars for the due observance of the same.

E. L. Nixon
Captain and Provost Marshall

Mr. J. H. Coffey was next introduced as a witness on the part of the Prosecution and after being duly sworn by the Judge Advocate in the presence of the Accused, in answer to interrogatories by the Judge Advocate, testified as follows:

1st Int. State your name and residence?
Ans. J. H. Coffey. I reside in Maury County, Tennessee. Judge Advocate has shown witness the certificate above referred to and marked "B."

Inst. Where did you get this paper?
Ans. Of my brother's wife after his murder. My brother is Wm F. Coffey, the man whose name is on this certificate, the same man for whose murder the Accused is now on trial. I have seen this paper in my brother's possession before his death.

Crop Examination
Inst. How do you know that this is the same paper?
Ans. Because it is the same hand writing. I saw it filled out. I presume it is the same paper because it looks the same
Re-Examination
State whether more than one of these papers (certificates) was ever issued to the same man.
Ans. ---

Case was closed by the Judge Advocate on the part of the Prosecution.
No further evidence in defense was introduced.
Case closed on the part of the Defense.

The Court was then cleared for deliberation and after due consideration in the case do find as follows.

Of Specification to Charge: Not Guilty
Charge: Not Guilty

And the Court do therefore acquit the Accused Samuel Morrow, Sergt, 5th Tennessee Cavalry.

C. R. Miller Fred T. Pyfer
Capt., 18th Mich. Vols Lt. Col., 77th Penn.
Judge Advocate President of Court Martial

Charges and Specifications Preferred Against Samuel Morrow, 5th Tennessee Cavalry
(Stokes)

Charge: Murder
Specification: For this, that on or about the 24th day of August 1864 at or near Mount Pleasant in the State of Tennessee, one Samuel Morrow (rank unknown) belonging, or said to belong to the 5th Tennessee Cavalry (Stokes, did voluntarily, and with malice aforethought, with pistol or gun loaded with powder and ball shoot and kill and did directly aid and abet in shooting and killing one William F. Coffey a peaceable and law abiding citizen.

W. C. Squire
Capt.and Actg. J.A.
Witnesses
E. O. Crop
W.P Stockard
Walter Parker
James F. Crop
Dr. T. P. Jordon

This is to certify that Wm F. Coffee of the County of Maury State of Tennessee has this day taken the oath of Allegiance to the Government of the United States and filed a bond in this office in the amount of Five Thousand Dollars for the due observance of the same.

E. L. Nixon
Captain and Provost Marshall

-----
Hd. Qrs. Dist. of Tennessee
Nashville, Tennessee
November 24, 1864

The proceedings, findings and acquittal in the case of Sergt Samuel Morrow, 5th Tennessee Cavalry, are duly approved and confirmed. He will be released from arrest and returned to duty.
Lovell H. Rousseau
Major General Commanding

Filed September 21, 1867