Court-Martialed and Shot.
The Provost Marshal asked them if they had ever read or heard of the general order that had been issued by Col. Livingston. They replied that they had. He said to them: "You have violated the order in every particular; you are wearing Federal uniforms, and have been caught robbing and pillaging citizens' houses. Tonight your cases will be submitted to a court martial, except the boy's." He then ordered the author to take them to a room and inform them that they would certainly be convicted by the court martial, and the only way they could escape death would be to give the rendezvous and names of all irregular troops in their knowledge, and agree to pilot a scout to the different places of resort.
The author informed them of what the Provost Marshal had said, and further informed them that Col. Livingston, then acting in the capacity of Brigadier General, would have the only power to commute their sentences, after they were convicted. They refused to give any information that would aid the authorities in capturing the different irregular roving bands. The author bade them good-bye, told them he was sorry for them, that they were in a bad condition, but had brought it upon themselves and each of them had better prepare for death, for they were certain to be court-martialed that night. He then left the prisoners, the guard taking charge of them. The court-martial convened that night; charges and specifications were preferred before the Judge Advocate of violating both orders. They were accordingly convicted, and the next morning, before we broke camp, the author saw the detail that had been selected to execute them; saw the prisoners under guard moving out to the place selected for the execution, heard the discharge of the guns, and soon learned that they both had been shot. Somewhere on the head of Big Strawberry, in Izard county, the boy's mother came to us, and he was turned over to her.
The command broke camp and proceeded on the way towards Batesville, with more or less skirmishing with the rebels every day; and on the 25th of December, 1863, we had come to within about three miles of Batesville, Independence county, the rebels in considerable force then being in possession of the city. They had a strong picket about a quarter of a mile from the main city, leading right down Poke bayou. Another road turned to the right and entered the lower part of the city. The commander halted and threw out a considerable force in advance. The author was placed right in the front of the advance, with orders to charge the pickets, and on their retreat, to charge the enemy, and if they found them in too strong a force to fall back on the main command.
The rebel ladies had procured a large hall in the city, situated upon High street, leading west through the city. They were all dressed in gray, and had any amount of egg nog and other delicious drinks in the hall and all through the public parts of the city. A large number of the Confederate soldiers were in the hall dancing, a number of them belonging to Col. Freeman's command. On reaching the rebel pickets, they fired, and the commander ordered a charge with revolver and saber, and we followed close upon their heels. On reaching the city, the firing became promiscuous. The rebels retreated south, a number of them retreating in the direction of White river, and swam the river with their horses, while many of them abandoned their horses and swam the river. One part of the rebel command filed to the right, thinking that it was a Federal scout, and attempted to retreat upon the lower road. The Federals saw them coming, and knew from their actions that they were retreating. They at once deployed two lines in front of the command, one on each side of the road. Before the rebels found out their real condition they were completely into the trap, and they surrendered without the firing of a gun.