The Trial of Bushwackers - William S. Wells and James M. Wells of Vernon County, Missouri

Marshall M. Chle, Lieut. 3 Cav. Wis. Vols. - certifies that he knows William S. Wells and James M. Wells by reputation and sight - that their reputation upon Cedar Creek and Horse Creek, Vernon County Missouri is notoriously bad that they are considered as Bush Whackers, horse thieves, Jay Hawkers - and have kept the neighborhood in which they live in complete state of turmoil that no Union man has been able to live in their neighborhood and that they have said that no Union man could live there - that they were during the months of September and October - connected with the Mayfields - now dead- commdg guerrillas in Missouri that - Brice Mayfield is said to have remarked - that they were such damned miserable thieves that he would shoot the Wells in connection with Blair - a coagulation of theirs - if they did not keep from his Band - that William S. Wells and J. M. Wells in connection with one Duke - Scroggins and Blair and Gibony with several others have constituted a Guerrilla party - and have robbed and plundered Union families and have and did from their horses fire upnn Union troops - as the night of the 27th of Deember, killing one horse belonging to Giles 3 Cav. Wis. Vols and wounding another - This party of which they are members did say to the neighbors on horse Creek that they were going north - as soon as the leave come out - in the Spring so they could more effectively avoid pursuit and defeat the ends of justice and that they would take to the brush again - What the party of which they were members did take and rob one Jos. Lawrence, a Union man of Dade County, Missouri, on the head of Horse Creek, of horse and clothing - that he has repeatedly pursued them and fired upon members of their gang - and they have caused the Govt. great expense and trouble - in endevoring to arrest them.

Garnett Davenport

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Headquarters Fort Scott Kansas

March 25, 1863

John P. Moore Captain Co. G, 3 Wis. Cav. Vols.

being duly sworn deposes and says that William S. Wells and James M. Wells are nortorious Guerrillas and Bushwackers, and horse thieves - that they in company with one Blair, Duke and Gibony did rob and plunder and take from numerous Union men on Horse Creek in Mo. and Clear Creek in Mo. - various articles of wearing apparel and horses and money and harness, saddles, wool and cotton yarn - that they have taken up arms against the Government and have repeatedly defied Govt. troops, and that he has repeatedly chased them and had several skirmishes with them and that one night he attacked them in Wells house when they were seventeen in number who were bushwackers, jayhawkers and thieves - and the neighborhood from which they went has been quiet since their departure and that they earnestly pray for the welfare of the Govt. and its peaceable law abiding citizens - and that the said Wells be brought to justice - as well as the before named parties have caused the Govt. of the U.S. much trouble and great expense in trying to take him - all this during the fall and winter months of 1863 in and about Horse Creek and Clear Creek in Missouri.

J. P. Moore

Co. G, 3 Wis. Vols. Cav.

Subscribed and sworn to before me

this 25th day of March1863

M. M. Ehle. 2 Lieut. 3 Wis. Cav.

Post Adjt.

Witnesses:

Atchison, Kansas:

W. D. Stanley

James Orr

Pat Hufferman

E. G. Lockhard

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Charges and Specifications against William S. Wells - a Citizen

Violation of the Laws and Customs of War

Specification 1st - Charges that the said William S. Wells a citizen of the United States and claiming allegeance thereto, and not belonging to any legally authorized and organized force at war with the United States did the 27th day of December A.D. 1862 in company with others rebel enemies of the United States proceed fully and with intent to shoot at Soldiers of the United States while in the rightful performance of their duty - this at or near Horse Creek, Barton County, Missouri.

Specification 2nd - Charges that the said William S. Wells a citizen of the United States and claiming allegeance thereto, and not belonging to any legally authorized and organized force at war with the United States, in company with other rebel enemies of the United States in the month of December A.D. 1862 , did plunder and take away from one Joseph Lawrence, said Joseph Lawrence being a loyal citizen of the United States, one bay stallion horse, this on Horse Creek, Dade County, Missouri.

Specification 3rd - Charges that the said William S. Wells a citizen of the United States and claiming allegeance thereto, and not belonging to any legally authorized and organized force at war with the United States, did belong to and consort with a band of mauraders and plunderers rebel enemies of the UNited States, in Dade and Barton Counties Missouri in the months of September, October, November and Deember A.D. 1862.

Marshall M. Chle 2nd Lieut. Co. G

3 Regt. Wis. Vol. Cav. & Post Adjt.

Atchison, Kansas:

Horse Creek, Dade County:

William Waggoner

Garrett Davenport

Horse Creek, Barton County:

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Charges and Specifications against James M. Wells - a Citizen

Charge:

Violation of the Laws and Customs of War

Specification 1st - Charges that the said James M. Wells a citizen of the United States and claiming allegeance thereto, and not belonging to any legally authorized and organized force at war with the United States did the 27th day of December A.D. 1862 in company with others rebel enemies of the United States proceed fully and with intent to shoot at Soldiers of the United States while in the rightful performance of their duty - this at or near Horse Creek, Barton County, Missouri.

Specification 2nd - Charges that the said James M. Wells a citizen of the United States and claiming allegeance thereto, and not belonging to any legally authorized and organized force at war with the United States, in company with other rebel enemies of the United States in the month of December A.D. 1862 , did plunder and take away from one Joseph Lawrence, said Joseph Lawrence being a loyal citizen of the United States, one bay stallion horse, this on Horse Creek, Dade County, Missouri.

Specification 3rd - Charges that the said James M. Wells a citizen of the United States and claiming allegeance thereto, and not belonging to any legally authorized and organized force at war with the United States, did belong to and consort with a band of mauraders and plunderers rebel enemies of the UNited States, in Dade and Barton Counties Missouri in the months of September, October, November and Deember A.D. 1862.

Marshall M. Chle 2nd Lieut. Co. G

3 Regt. Wis. Vol. Cav. & Post Adjt.

Witnesses:

Atchison, Kansas:

W. D. Stanley

James Orr

Pat Hufferman

E. G. Lockhard

Horse Creek, Dade County:

Joseph Lawrence

William Waggoner

Sharpe

Garrett Davenport

Horse Creek, Barton County:

Leud? Rector

Wilson Rector

Jacob Fabian

R. S. Cartmel

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