More on the story of Old Yaller

More on the execution of “Old Yaller”, Elbert J. Chapman, a private of the Berrien Minute Men whose widow resided in the 1144th Georgia Militia District, the Rays Mill District.

“A VICTIM OF MILITARY DISCIPLINE.”

(Ed. Note: In the January number of this magazine was published a letter written by Captain Phil Carroll, of Augusta, Ga., giving an account of how a Confederate soldier who had transferred himself from Savannah, where there was no fighting, to the Western army, where he could fight and where he did fight, was shot as a deserter by his Confederate companions-in-arms.

Considering this one of the most barbarous deeds ever committed in the name of military discipline, the incident was woven into the war-story, “Bethany.”

The publication of Capt. Carroll’s letter attracted the attention of Capt. R. T. Redding, who wrote to Maj. Cumming about it.

The Major replied, corroborating Capt. Carroll, and hands us a copy of the letter, which we are glad to publish.)

Joseph B. Cumming, 1886. Cumming served as Adjutant General of Walkers Division, and was present when the order for the execution of Elbert J. Chapman was issued.

Joseph B. Cumming, 1886. Cumming served as Adjutant General of Walkers Division, and was present when the order for the execution of Elbert J. Chapman was issued.

January 15, 1909.

Hon. Thos. E. Watson, Thomson, Ga.

My Dear Mr. Watson: At the request of Capt. R. J. Redding, of Griffin, I send you herewith, for such use, or no use, as you choose, copy of a letter which I wrote to him a few days ago.

Very truly yours,

JOS. B. CUMMING.

January 7th, 1909.
 Capt. R. J. Redding, Griffin. Ga.

My Dear Sir: I have your letter of January 6. I have not seen the article written by Mr. M. P. Carroll to which you refer. Mr. Carroll, however, probably refers to the execution at Morton, Miss., of a deserter, not from the 46th Georgia Regiment, but from one of the Georgia Regiments of Wilson’s brigade, either the 25th or the 29th or 30th Georgia, The facts, as I remember them very distinctly, were these:

“While Walker’s Division was in bivouac at Vernon shortly before the second battle of Jackson, a Confederate Cavalry Regiment came marching by. Col. Wilson, in command of Wilson’s Brigade, was an onlooker as it passed. He recognized in the ranks of the Cavalry a deserter from his Regiment while the latter was stationed at Savannah. He made reclamation for the man on the Colonel of the Cavalry Regiment, and the man was surrendered to him. He was tried by courtmartial for desertion, his desertion having consisted in his leaving Wilson’s Infantry Regiment, then stationed on the coast of Georgia, and joining a Cavalry Regiment at the front—a “desertion” of a soldier from inactive service in the rear to fighting at the front.

There was delay in promulgating the finding of the courtmartial, produced by the active operations in the neighborhood of Big Black, and at Jackson after the fall of Vicksburg. In the meanwhile the man was kept under guard. Neither he nor any one else except the members of the court knew that he had been condemned to be shot.

Colonel Claudius C. Wilson gathered a petition from the 29th Georgia Regiment requesting that Elbert J. Chapman's life be spared.

Colonel Claudius C. Wilson gathered a petition from the 29th Georgia Regiment requesting that Elbert J. Chapman’s life be spared.

The last day of our march from Jackson to Morton, there was a terrible rain and thunder storm, so violent that the troops, particularly as night came on. became very much scattered, and under these circumstances the guard lost their prisoner. After, however, the troops had bivouacked for the night in came the prisoner and surrendered to the Lieutenant in command of the guard, remarking, “Lieutenant, you thought you had lost me.” The next day the sentence of the courtmartial was promulgated and the order sent down to the headquarters of Walker’s Division for the execution of the sentence. I was then Adjutant General of the Division and under instructions from General Walker immediately sent a copy of the order to Col. Wilson, commanding the Brigade, with instructions to make a detail from Schaaf’s battalion for the execution of the man the next morning. Col. Wilson was horrified at this denouement, and at once got up a petition signed by himself and the officers of the man’s Regiment addressed to General Johnston, asking at least commutation of the sentence. This petition was brought up to General Walker’s headquarters where it happened that General Johnston was visiting at the time. I received the petition and handed it to Major J. B. Eustis (afterwards U. S. Senator from Louisiana), one of General Johnston’s staff, and asked him to hand it at once to General Johnston. He said, “I will do so, but there is no use; General Johnston will not change the order.” He did hand it to General Johnston during the visit, but he refused to consider it, and the petition was handed back to me. I prevailed upon Major Eustis to offer it again to General Johnston after he had mounted his horse, and I can see now the rather impatient way in which General Johnston waved Major Eustis aside.

The next day the man was shot.

My admiration for General Johnston was and remains very great. I never think of this incident without great pain and deep regret as the one shadow on the picture, which I image to myself of that great man.

At the close of the war I was on General Johnston’s staff, and was fully cognizant of, and participant in, an incident which showed, after all, how in the midst of great cares he could remember a poor private soldier and save him from the execution, to which he had been sentenced, but which had become uncalled for, as the war was manifestly about to end and the necessity for stern discipline was over.

Very truly yours,

JOS. B. CUMMING.

Elbert J. Chapman Was A Victim of Military Discipline

Elbert J. Chapman, “Old Yaller”

The story of Elbert J. Chapman has been told many times and as many times forgotten.  Accounts published in 1887 editions of the Atlanta Constitution have been the subject of previous posts (see General Levi J. Knight’s Berrien Minute Men, and L.E. Lastinger and Captain Knight’s Berrien Minutemen)

In January, 1909 another version of the execution of old Yaller was published in Watson’s Jeffersonian Magazine under the title “A victim of military discipline“.

Cover, Watson's Jeffersonian Magazine

Cover, Watson’s Jeffersonian Magazine

Watson’s Jeffersonian Magazine was the monthly publication of Thomas E. Watson whose political influence was sought by many a Georgia politician, including the subject of the previous post, Jon P. Knight (see Jon P Knight Sought Nomination to the Bench).  Of Watson’s Jeffersonian Publishing Company, the New Georgia Encyclopedia says the following:

Incorporated in 1910 by the Georgia lawyer, author, and statesman Thomas E. Watson, the Jeffersonian Publishing Company was the official mouthpiece of Georgia’s firebrand Populist. The company  Tom Watson’s Magazine  printed most of Watson’s literary works—pamphlets, monographs, biographies, and histories—but it was known primarily for Watson’s newspaper, The Weekly Jeffersonian, and his monthly literary magazine, Watson’s Jeffersonian Magazine.  Initially given to trenchant muckraking editorials written in the Populist Party spirit, both magazine and newspaper eventually included Watson’s fierce attacks against the Catholic Church hierarchy and the domestic and foreign policies of U.S. president Woodrow Wilson. Watson’s publications survived an organized Catholic boycott and a federal prosecution for mailing obscene literature, and would not be silenced until finally suppressed by the Wilson administration under the Espionage Act of 1917. Despite controversy and opposition, Watson’s weekly and monthly publications commanded a loyal political force, and no Georgia governor between 1906 and 1922 was elected without Watson’s support.

While the Jeffersonian’s January 1909 account of Old Yaller  does not give his name, and incorrectly gives his unit as the 46th Georgia Regiment, it is clear from the details that this is the story of Berrien County’s Elbert J. Chapman.

Although E. J. Chapman never lived in the immediate vicinity of Ray’s Mill, GA his short life was inextricably interwoven with the settlers and events of the area. After his death, his widow was enumerated in the 1144th Georgia Militia District, the district centered on Ray City, GA.

Elbert J. Chapman was born about 1832; the details of his birth and parentage are not known at this time. About June of 1859 Chapman married Mary E. Boyd, a daughter of Aden Boyd and Nancy Sykes.

On October 1, 1861 Chapman enlisted in Company D, 29th Georgia Regiment.

His service records provide the following information:

Chapman, Elbert J. private October 1, 1861.
On furlough December 31, 1861.

Absent without leave December 31, 1862
Delivered to headquarters of regiment as
a deserter May 30,1863.
No later record.

Here transcribed, is M. P. Carroll’s account of the execution of Elbert J. Chapman, as published in Watson’s Jeffersonian Magazine:

Watson’s Jeffersonian Magazine
January 1909, Vol. 3, No. 1, Pg 79
A Victim of Military Discipline.

Dear Mr. Watson:

I am requested to write out the details of the execution of a Confederate soldier at Morton, Mississippi, In July, 1863. I will endeavor to do so to the best of my recollection; and I think that what I shall write will be substantially correct, because the incident is frescoed upon my memory.

During the siege of Vicksburg, General Joseph E. Johnson was placed in command of the Army in Mississippi which was being organized outside to relieve General Pemberton. General W. H. T. Walker commanded a division in said Army. His command consisted of the brigades of Qulst, Wilson, McNair, Ector and Gregg. I was on the staff of General Gregg. We were for some time at Yazoo City preparing to move on the rear of General Grant, who was then closely besieging Vicksburg. When we got ready and our large supply train prepared (which we expected to take into Vicksburg), we marched from Yazoo City towards the Big Black Creek and encamped some days at a little hamlet called Vernon, a few miles West of Canton. While in camp there, one day a regiment of cavalry passed along the road, by the side of which the 46th Georgia Regiment was encamped. This regiment was commanded by Colonel Peyton Colquitt, who was afterwards killed at Chickamauga. Some one recognized a man in the cavalry who formerly belonged to the 46th Georgia. The soldier had deserted from the latter regiment whilst it was on the Georgia coast, and joined this regiment of cavalry. He was arrested—charges preferred against him for desertion. He was tried by a court martial which was sitting at Vernon.

The man was convicted, but no publication was then made of the results of the trial, but the findings were regularly forwarded to General Johnson’s headquarters, and then we broke camp and moved down to the Big Black for the purpose of crossing to attack General Grant. Indeed, we reached the point to cross on the night  of July 3rd, and the engineer corps was preparing to throw the pontoons across, when news came that Vicksburg had surrendered. Then we commenced our retrograde movement towards Jackson—passing through Clinton, Mississippi, en route. Sherman was sent in pursuit and we reached Jackson one day ahead of him and went into the works which had been prepared for the defense of Jackson.

Sherman immediately extended his besieging lines with both flanks resting on Pearl River, forming a semicircle, leaving the Eastern side the city open for our retreat. I think we remained there one week before retreating. General Johnson found it impossible to keep Sherman from -crossing the river and getting in his rear and, therefore, evacuated the works and took up his line of march one night towards Meridian. After we were some distance on the road beyond Brandon, a terrific rain-storm came on, with heavy thunder and lightning. The rain was so heavy and the night so dark the troops scarcely march, encountering here and there wagons and artillery stuck in the mud.

We reached Morton about daylight and went into camp. The sun rose in all its brightness and intensity of July heat. The troops were drying off and preparing their camp for cooking, etc., when this convicted soldier struggled up to the provost guard and said to the Major in command: “Well, Major, I got lost last night but am up as soon as I could find you.” The officer turned over to the guard and said: “I am sorry you came up for orders have been issued that you must be shot today at one o’clock p. m.

General William H. T. Walker made a plea for the life of Elbert J. Chapman, but followed the orders of his superior officer, General Joseph E. Johnson.

General William H. T. Walker made a plea for the life of Elbert J. Chapman, but followed the orders of his superior officer, General Joseph E. Johnson.

When General Walker learned of this incident, his sympathies were aroused and he and Major Cumming mounted their horses and rode to General Johnson’s headquarters. General Walker dismounted, recited the facts to his superior officer and interceded for the poor fellow. The only reply was: “General Walker, my orders must be obeyed.” The latter saluted and replied, “General, they shall be,” and mounted his horse. With tears in his eyes he instructed Major Cumming to have Major Schauff (I do not know that I spell this name correctly) make a detail for the execution and carry it out at 1 o’clock promptly.

He then ordered the division out to witness the execution. The brigade formed three sides of a square in a large old field flanked by second growth of pines; the grave had been dug in the center of it, his coffin resting on the further side from the firing squad. The condemned man asked not to be blindfolded; his hands were tied behind his back, he knelt on his coffin, and in the presence of the whole division, including his old 46th Georgia Regiment and his comrades therein, and was shot to death, placed in his box, or coffin, and was buried right there in that old field.

The saddest part of it was that the testimony showed he had been so good and gallant soldier in his adopted regiment, and he stated the only reason he left the 46th Georgia was that he got tired of inaction down on the coast and wanted to be where he could do some fighting. He also stated that he had a wife and child at home in Georgia.

I wish I knew his name and Company, but I do not. Major Cumming may.

I think these facts are substantially correct, and hope they will be of some service to you.

M. P. CARROLL.

L.E. Lastinger and Captain Knight’s Berrien Minutemen

Lacy Elias Lastinger was the son of William Lastinger who was a prominent citizen of Berrien County (later Lanier) and founder of Lastinger Mill in Milltown, GA (now Lakeland).  During the Civil War L. E. Lastinger was in the 29th Georgia Regiment along with General Levi J. Knight and the man referred to as Levi J. Knight, Jr., both whom were Lastinger’s lifelong associates.

Lacy Elias Lastinger

Lacy Elias Lastinger. Image detail courtesy of http://www.berriencountyga.com/

 After the war L.E. Lastinger became a sort of historian of the Berrien Minutemen (Companies G & K, 29th GA Regiment).  He served as the adjutant of the Dixie Camp, United Confederate Veterans, Nashville, Georgia.

L. E. Lastinger wrote about the good and the bad of the Berrien Minutemen. He wrote about the part he played in the execution of ‘Old Yaller’ whose death sentence was imposed for the charge of desertion, an account of which was the subject of an earlier post (see Berrien Minute Men and Civil War Stories). Here is Lastinger’s account of the event, published March, 1909 in Watson’s Jeffersonian Magazine.

The Deserter

    In the January number of The Jeffersonian, under the head of “A Victim of Military Discipline,” the author gives an account of the execution of Elbert J. Chapman, who belonged to Co. K, 29th Ga. Regt. Chapman named himself “Old Yaller,” and by this name was generally known.
     His regiment was stationed at “Camp Young,” near Savannah.  Chapman was confined in the guard house, as a punishment for some misbehavior, from which he made his escape.
He went to his home, near Mill Town, in Berrien county.  He claimed he was sick and coud not get well in the guard house and went home to recuperate, intending to return to his command when he got able. This he failed to do.
Our brigade, under command of Col. Wilson, of the 25th Ga. Regt., went West to join the Army of the Mississippi.  When marching through Canton some of the boys saw Chapman and hollered at him, “Hello, ‘Yaller’,” then others commenced calling him, in the same way, when he very indignantly said to them, “You must be a set of darn fools,” but the boys continued, “We know you, ‘Yaller’.” “Yes, we would know your hide in a tan trough.”  “Yaller” was slow to acknowledge his identity – but did so, and good humoredly joined the company, saying, “Yes, boys, this is ‘Old Yaller’.” Then followed a general hand-shaking.  Subsequently “Old Yaller” was court-martialed, and suffered the extreme penalty of death for desertion. The writer assisted Geo. R. McKee, adjutant of the 29th Ga. Regt., in loading the guns – which were given to a squad of twelve men commanded by Lieut. A.P. Perham, of Waycross, who carried out the orders to execute him.  Of this Mr. M. P. Carroll gives a very correct account.
During  Governor Atkinson’s administration Hon. F. M. Shaw, who was a member of the  Legislature, saw in person the Governor and our Pension Commissioner, Mr. Lindsey, in regard to Mrs. Chapman drawing a pension, which had been rejected because her husband was a deserter.  The fact that he only quit one command and went to another, that he had, in fact, deserted neither his flag nor his country, but was serving both faithfully and well when found in Canton, did not change the conclusion reached by the Pension Commissioner, and Mr. Shaw’s efforts to secure her a pension were in vain.  She was an invalid and living in poverty.

L. E. LASTINGER

In 1929 L .E. Lastinger was the last surviving member of Company K, 29th Georgia Regiment.  He published a pamphlet entitled The Confederate War: A compilation of the Confederate Soldiers going forth from Berrien County, Georgia. When they enlisted — and whether or not they survived the war.  A reprint of this text is on file at the Ray City Community Library, Ray City, Berrien County, Georgia. It is in this publication that he provides a brief account of the Berrien Minutemen, along with entries on General Levi J. Knight and Levi J. Knight, “Junior,”  who both did stints as Captain of Company “G”, 29th Georgia Regiment.

In the next post we examine Lastinger’s account of the Berrien Minutemen and the two Captains Knight.