Capturing a Locomotive: A History of Secret Service in the Late War.

by William Pittenger

When I bring back in memory the minute impressions of those eventful days, I feel surprise that so many hours of comparative pleasure were found. We had here many persons to converse with. We had light and air, which we had not at Chattanooga. We procured newspapers with frequency, no attempt being made to prevent this as in other prisons, and were able to form some idea of the gigantic contest in which we were so deeply interested, and which at that time progressed hopefully. We had become most intimate with each other, and would not allow despondency or brooding over trouble to take hold upon any one of our number. We also provided employment for each waking hour, and until those tragic events occurred which deepened the gloom around us we were comparatively hopeful and happy. I even managed to take up the thread of my law studies and prosecute them vigorously. I sent word through a visitor to a law firm—Baxter & Temple—that I wanted to borrow "Greenleaf on Evidence," and almost as much to my surprise as pleasure the volumes were promptly sent. The prison made quite a good study, and the spectacle of a man reading law in an iron cage seemed to guards and visitors alike an excellent jest. But I could afford to let them laugh, for mine was the gain, not only in the knowledge acquired, but in causing the prison days to pass less wearily.

Before we had been long at Knoxville we were visited by an officer, whom we had seen frequently in Chattanooga, and who told us that he was judge-advocate of a court-martial about to convene, and notified us to prepare for trial. Neither this intelligence nor his manner in giving it was at all alarming. We knew that we had been ordered to Knoxville for this very purpose, and were only anxious to have the trial soon over, that we might be formally declared prisoners of war, and thus be placed in position to be exchanged, if an opportunity should occur. To this end we asked the judge-advocate if we would all be put on trial at once, and when he answered in the negative, we urged the expediency and justice of that course, assuring him that the cases of all were precisely alike. But he refused with some curtness. We next asked that he would select one of our number to be tried, whose award might determine the position of the whole party, and offering to sign a paper agreeing to this course. This he also refused, with the declaration that the court knew its own business, and that every one of us should be tried on his own merits. The only reason I have ever been able to imagine for this course is that the intentions towards us were much more serious than we had been allowed to conjecture, and that it would have looked too absurd to arraign so large a band of private soldiers from one brigade on the charge of being spies. We asked him for the charge on which the trial was to take place, and with some apparent hesitation he gave it,—the same against all. It was charged, in substance, that we were enemies who were lurking in and around Confederate camps as spies for the purpose of obtaining military information. Not one word was said about seizing the cars or anything that we did or tried to do. Wilson spoke out boldly, and said, "But you know we are not spies, and have yourself told us that we cannot be held as such." Then, with what I cannot but consider as deep deception, he replied that their expectation now was to obtain a negative verdict, which would justify them in exchanging us. He further advised us to employ counsel and put our cause in good shape, but not to make ourselves uneasy. The whole conversation left some apprehension upon our minds, but in the case of most of us the inherent hopefulness of youth soon banished it.

Our plan of defence has been partly indicated before. It was to tell just who we were and what we had done, and to claim that we were United States soldiers, detailed on a military expedition without our own consent or knowledge, and simply obeying orders. We were to deny in the strongest terms that we had been lurking about any camps, or that we had sought or obtained any military information. No question was to be answered that would lead to the discovery of the engineer or tend to show that any one had volunteered for this service. As to evidence against us, we knew that our recorded confessions, made when we were first brought to Chattanooga, could be used, and possibly the evidence of those who first captured us. But no one could say anything about our lurking around Confederate camps. We had been within the guard-lines at Big Shanty, but we were no more "lurking" there than a body of cavalry who might charge into a camp. Indeed, we felt sure that the charge, in the form it bore, could not be sustained. To make the greatest impression of candor, our story was sketched in brief, with the approval of the whole number, and, at a subsequent visit of the judge-advocate, handed to him. He took our signatures to it, and it was read on the trials as our confession. It saved our enemies some trouble in the matter of witnesses, and put our case in what we judged the most favorable light.

Baxter & Temple, who had so kindly accommodated me with books, were willing to act as our counsel. They stipulated that, as fast as tried, we should give them our notes for one hundred and fifty dollars each. They did not care for the money, and, indeed, the prospect of obtaining it was not very favorable. But their own safety required that their help should appear to be purely professional. They assured me privately that they were loyal to our government and would do us any favor they dared. They did promote our comfort by the secret gift of some money.

The story of the trials may soon be told. The charges and specifications of William Campbell were first handed in. He was a citizen of Kentucky in reality, but claimed to be a member of Company K, Second Ohio, and we were careful to endorse his statement. It was never suspected that he stood in any different relation from his comrades. After the overthrow of the Confederacy the writer obtained copies of these charges and specifications, together with many other papers from the rebel archives. They are still on file at Washington. With the exception of the change of names and position in the army, the charges were precisely alike in all the cases.

"Charge.—Violation of Section 2d of the 101st Article of the Rules and Articles of War.

"Specification 1st.—In that the said William Campbell, private Company 'K,' Second Ohio Regiment, U.S.A., not owing allegiance to the Confederate States of America, and being in the service and army of the United States, then and now at war with the Confederate States of America, did, on or about the 7th day of April, 1862, leave the army of the United States, then lying near Shelbyville, Tennessee, and with a company of about twenty other soldiers of the United States army, all dressed in citizen's clothes, repair to Chattanooga, Tennessee, entering covertly within the lines of the Confederate forces at that post, and did thus, on or about the 11th day of April, 1862, lurk as a spy in and about the encampment of said forces, representing himself as a citizen of Kentucky going to join the Southern army.

"Specification 2d.—And the said William Campbell, private Company 'K,' Second Ohio Regiment, U.S.A., thus dressed in citizen's clothes, and representing himself as a citizen of Kentucky going to join the Southern army, did proceed by railroad to Marietta, Georgia,—thus covertly pass through the lines of the Confederate forces stationed at Chattanooga, Dalton, and Camp McDonald, and did thus, on or about the 11th day of April, 1862, lurk as a spy in and about the said encampments of the Confederate forces at the places stated aforesaid."

All mention of the capture of the train, with the terrible chase that followed, is entirely omitted from this paper. Could this be for any other reason than that this sequel would disprove the fact of "lurking as a spy," on which the whole charge is made to turn, and make the whole expedition appear of a distinctive military character? The whole charge of "lurking as a spy" was constructive—not real. No evidence could be adduced to show that any one of us had lingered for a single hour at any one of the three Confederate encampments mentioned. Neither was there any evidence that our false stories were told inside of any encampment.

With charges which were simply a recital of a small part of our own admissions and some inference from them, the trials were very simple and brief. William Campbell was taken out first, the above paper read to him, and he responded, "Not true, so far as lurking in any camp or being a spy is concerned." The plea of "not guilty" was then entered for him, our own confession read, one or two minor witnesses called, and he returned to prison. The next day another man was taken to the court and the same story rehearsed. Thus each day one trial only took place, and no pleadings were heard by the prisoner, either for or against himself, and no sentence was given. The time occupied in each session of the court was not much more than an hour. The table around which the court sat was covered with bottles, newspapers, and novels, and the members occupied themselves during the proceedings in discussing these. All this was very well if the object was, as they assured us, merely to put formally on record our true character as prisoners of war; but it was most heartless if the trial was in earnest, and a matter of life or death.

Wilson related to me a ludicrous incident that occurred when he was on trial. No instance of his being anywhere within the guard-lines was proved. A young lieutenant requested to be placed on the witness-stand to testify of one occasion when he knew that the prisoner had passed their picket-lines. His offer was gladly accepted. On being sworn, he stated that he had commanded a picket-post which included the Chattanooga ferry, and this ferry the prisoner admitted passing. Immediately the president of the court arose and said that the young gentleman was mistaken, as he himself commanded the guard that day, and that no guard was placed at the ferry. The whole court was thrown into a roar of laughter, and the confusion of our would-be convictor may be imagined.

Our lawyers visited us frequently in the prison for the purpose of consultation, and expressed themselves as delighted with the turn matters were taking. No evidence had been found to discredit or go beyond our own statements. They said that all the plans of the prosecution had been deranged, and that if convicted now, it would be through mere prejudice and perjury on the part of the court.