James M. Cutts Civil War Cincinnati Court Martial Burnside Peeping Tom 1868

Description: James M. Cutts Civil War. Lieut Col J. MADISON Cutts the accused handed a written plea to the judge advocate which was read to the court by the accused, and which is hereto appended marked A, and male a part of this record; the court was then cleared, and after due deliberation the doors were opened and the decision announced by the judge advocate," That all the formula to the proper organization of the court must first be compiled with before the court can entertain any plan whatever made by the delen lant, and that Captain Cette must therefore first answer the interrogatory as to the individual members before his objection as to the jurisdiction of the court can be considered." The accused was then requestion d by the judge advocate whether he had any objection to any metaber of the court present, to which he repiled in the nege tive. The accused having no objection to any member of the court pont, the court was then in his presence duly sworn by the judge-advocate, and the judge- advocate was duly sworn by the president of the court, in presence of the ac cused. Louis Feeser, phonographic reporter, was then duly worn by the judge advo cate to report the proceedings of the court in shorthand. The court was then cleared to consider the written plea of the accused before mentioned, and after due deliberation the doors were opened and the judge advocate announced to the accused that his plea was overruled by the court. The court was then again cleared for deliberation as to the question of postpon ing the trial until all the absent members of the court had arrived, and a motion was made by a member of the court to adjourn until the next day, which was overruled, the court deciding to proceed with the trial. The doors were then opened and the decision of the court announced by the judge advocate. The accused was arraigned on the following charge and specifications: Charge and specifications against Capt. James M. Cutts, 11th U. 8. Infantry act'g fudge-adeoente, Department of the Ohio. CHARGE Conduct unbecoming an officer and a gentleman. Specification 1st-In this, that the said Capt. James M. Cutts, 11th Infantry, U.S. A, acting judge-advocate, Department of the Ohio, did, on or about the 18th day of June, 1963, at the headquarters Department of the Ohio, use lan- guage to the effect following, to wit: "You"-addressing Capt. Hutton, A. D. C. to Gen. Burnelde- have no right to my desk; if you take it again I will report you." To which Capt. Hutton replied: "You report me? I do not acknowledge your right to report me. I am not used to that mode of settling a dif- fleulty between gentlemen." To which Capt. Cutts replied "It may not be the way among blackguards and gamblers, and it may not by the mode suitable to blacklegs and ballles," or words to that effect. The said Capt. Cutts seeking thereby to exasperate and wound the feelings of a brother officer, and did utterly refuse afterwards to make any explanation or retraction of the offensive lan- guage used. Specification 2-In this, that on or about the 21 day of June, 1863, the said Capt. J. M. Cutia, 11th Infantry, U. S. A., acting judge-advocate, Department of the Oaie, did send a written communication over his own proper official signature and addressed to one Major Wm. Cutting, A. D. C. to General Barnside, in which he used the following language, to wit: "In recommending your friend, Capt. Hutton, to a staff appointment, you will remember that you described him as an accomplished rider, etc., but a coward. You gave him this character In the presence of General Barnalde, myself, and other members of the stat. I heard you make this statement in regard to him more than once." And again on the 251 day of June, 1863, in a communication to the same the sald Capt. Catts used the following language, to wit "On both of the occasions when you made the statement-for I now distinctly remember two I was my-self indignant and remarked to a brother staff officer that a person bearing the character you represented you friend, Capt. Hutton, to possess was hardly for a position on say body's stad." All of which was entirely and utterly false, and said statements were made by him with the design and intention of bringing Into diarepate and diagrace a worthy brother staff officer of good standing and honorable character. Specifionis d.In this that the vald Capt. James M. Cutts, 11th Infantry. U. 8.A., did, on or about the tenth day of April, 1863, while occupying room No. 79, Barset Ho, Cincinnati, Ohio, on the afternoon of sald day, attempt to look through the keyhole of mom So. of said house, occupied by a gentle- man and his wife, and did in the wing of the same day about half past eleven o'clock, after said lady had retired to Ler room and while her husband was in

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