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Wilfred Bywater

Note

Bates has a Wilfred Bywater in co.K, and a Welfred Bywater in co.B. The co.B Bywater was not on the muster-out roll, and both enlisted on the same day. I have therefore assumed they are the same person (which (7) seems to confirm).

Before the war

He was born on 25 November 1845, in Sheffield, England. [sources: date: 18, 19 (Nov 1847); 7 (18 in 1861), 9 (18 in 1861), 12 (18 in 1861), 13 (18 in 1861), 20 (70 at death in 1906), 21 (21 in 1865). place: 7, 9 (Philadelphia England!), 12 (England), 13, 18, 19, 21]

In 1855, he immigrated to the United States. [source: 19]

When he enlisted, he was a clerk, and was living in Philadelphia, Pennsylvania. [sources: 7, 9, 12, 13]

Description

When he enlisted, he was 5 feet 5 [or 7] inches tall, and had a dark complexion, gray eyes, and dark hair. [sources: 7 (5'7"), 9 (5'5"), 12 (5'5", hazel eyes), 13 (5'5", hazel eyes)]

In 1865, he was 5 feet 7 inches tall, and had brown eyes, dark hair, and a ruddy complexion. [source: 21]

In 1869, he was 5 feet 6-1/2 inches tall, and had hazel eyes, dark hair, and a fair complexion. [source: 22]

During the war

He enlisted and was mustered into service on 1 December 1861 He was enlisted for three years, at Philadelphia, Pennsylvania, by Captain Casner. He was mustered in as a private in company B, at Philadelphia, Pennsylvania, by Lieutenant James B Diehl. [sources: 1, 7, 9, 10, 17, 18 (Nov 61), 29]

He was transferred to company K. [source: 7]

He "took part in" Antietam, Fredericksburg, the mud march, and Chancellorsville. [source: 18]

He fought at the Battle of Gettysburg. [sources: 15, 18]

He "was laid up for several months" because of disability. [source: 18]

In May/June 1863, he was enrolled for the draft. He was living at 1223 Myrtle Street, Philadelphia, Pennsylvania, and was a clerk. (Edwin Bywater was also living there.) [source: 23]

He rejoined the army in March 1864. [source: 18]

He reenlisted as a veteran volunteer on 30 March 1864, at Warrenton Junction, Virginia He was enlisted for three years, at Warrenton, Virginia, by Lieutenant Shipley. He was mustered in by Captain Bernard. [sources: 1, 7, 12 (26 Mar), 13 (26 Mar)]

He "took part in" Spottsylvania, Cold Harbor, and the siege of Petersburg. [source: 18]

He was reported on a ten-day furlough on 27 April 1864. [source: 8]

On 30 June 1864, he was detailed by General Griffin for duty in the commissary department He was still detailed as a cattle guard in September (?) 1864. He was returned to duty--perhaps on 27 September 1864. [sources: 2, 6 (29 June), 14]

He was wounded on 30 September 1864. He was wounded by a bullet in the left leg, at Peeble's Farm. [sources: 10, 18]

On 17 February 1865, he was promoted to corporal, effective 1 January 1865. [sources: 3, 10]

He "took part in" Hatcher's Run and Five Forks. [source: 18]

On 27 April 1865, he was initially ordered to be promoted to sergeant, effective 1 April 1865, but his name was then crossed out. [source: 4]

He was promoted from corporal to sergeant on 6 June 1865. On 15 June 1865, he was promoted to sergeant, effective 7 June 1865. [sources: 1, 5, 7, 10]

He mustered out on 10 July 1865 with his company. He was a sergeant, in company K. [sources: 1, 7, 17, 29]

After the war

On 14 November 1865, he enlisted in the 4th US Cavalry, at Philadelphia, Pennsylvania. He was enlisted for 3 years. [source: 21]

On 14 November 1868, he was discharged from the 4th US Cavalry, because his term had expired. He was discharged at Laredo, Texas. [source: 21]

On 9 March 1869, he enlisted in the 1st US Cavalry. He enlisted at Philadelphia, Pennsylvania, for 5 years. [source: 22]

On 17 August 1871, he deserted, at Fort Klamath, Oregon. He was then a sergeant. He later claimed he was 'under the influence of liquor', and when he had recovered he 'dreaded giving [himself] up'. [sources: 22, 28]

On 5 August 1876, he surrendered, at San Francisco, California. [sources: 22, 27, 28]

On 28 August 1876, he was tried by general court martial. He pleaded guilty, and the Court found him guilty. He was sentenced to be dishonorably discharged, to lose all pay and allowances (except what he owed the laundress and company tailor), and to be confined at hard labor for two years. On 7 September 1876, he was dishonorably discharged, when the reviewing authority approved the sentence (taking into consideration his having been a Sergeant when he deserted). [sources: 22, 27, 28]

In March and April 1877, he was being held at Angel Island, California, by order of a General Court Martial, in the Pacific Military Division, California Department, 7 September 1876. On 25 June 1877, he was transferred to Alcatraz Island. [sources: 23, 24, 25]

On 20 March 1878, the remainder of his sentence was remitted 'for good conduct while undergoing sentence'. [source: 28]

On 17 April 1891, he applied successfully from California for a pension. [sources: 16, 17]

He was a member of Rawlins Post, Grand Army of the Republic, in Stockton, California. He was then living in Stockton, California. [source: 18]

In 1900, he was living in Sixth Township, Tuolumne County, California. He was single. He was a cook at a boarding house. He was not naturalized. [source: 19]

He died on 12 January 1906, in San Joaquin County, California. [sources: 17 (1908), 20 (12 Jan 06)]

Sources

1 Bates, Samuel Penniman. History of Pennsylvania volunteers, 1861-5. Harrisburg: B. Singerly, state printer, 1869-71. 5 volumes. 'Ninety-first regiment', volume 3, pages 186-233. (In the roster)

2 special order 56, HQ 91st PA, 30 June 1864

3 special order 9, HQ 91st PA, 17 February 1865

4 special order 25, HQ 91st PA, 27 April 1865 (Wilfred Bywater) (nb: the line with his name on it is crossed out)

5 special order 35, HQ 91st PA, 15 June 1865

6 [list of detailed men, probably from Sept 1864] (Welford Bywater)

7 Civil War Veterans' Card File, available at the Pennsylvania State Archives, searched 27 June 2004 (Wilfred Bywater [co.B card has 'Welfred'])

8 consolidated morning report, 91st Pennsylvania, 27 April 1864 (Bywater)

9 company K, descriptive roll (Wilfred Bywater)

10 company K, second list of non-commissioned officers (Wilfred Baywater [sic] + Wilfred Bywater [2 entries])

11 company K, second descriptive roll (Wilfred Bywater)

12 company K, third descriptive roll (Wilfred Bywater)

13 company K, fourth descriptive roll (Wilfred Bywater)

14 consolidated morning report, 91st Pennsylvania, 27 September 1864 (Privt Bywater)

15 Pennsylvania Memorial, Gettysburg, Pennsylvania (Wilfred Bywater)

16 pension index, by name (Wilfred Bywater)

17 pension index, by regiment, 91st PA Infantry, company K (Wilfred Bywater)

18 'Wilfred Bywater'. Records of Members of the Grand Army of the Republic (Wilfred Bywater)

19 1900 US census, California, Tuolumne County, Sixth Township, supervisor's district 4, enumeration district 130, microfilm series T623, film 116, page 124 = 19 B handwritten (Wilfred Bywater)

20 California death index, 1905-1939 (Wilfed Bywater)

21 US Army, register of enlistments, 1798-1914, National Archives and Records Administration, microfilm series M233 (Wilford Bywater)

22 US Army, register of enlistments, 1869, from National Archives and Records Administration, microfilm series M233 (Wilford Bywater)

23 Consolidated lists of Civil War draft registrations, 1863-1865, NM-65, entry 172, National Archives and Records Administration, record group 110 (Wilfred Bywater)

24 Returns from US military posts, 1800-1916, National Archives and Records Administration, microfilm series M617, film 29, Camp Reynolds, Angel Island, San Francisco Harbor, California, March 1877 (Wilfred Bywater)

25 Returns from US military posts, 1800-1916, National Archives and Records Administration, microfilm series M617, film 29, Camp Reynolds, Angel Island, San Francisco Harbor, California, April 1877 (Wilfred Bywater)

26 Returns from US military posts, 1800-1916, National Archives and Records Administration, microfilm series M617, film 29, Camp Reynolds, Angel Island, San Francisco Harbor, California, June 1877 (Wilfred Bywater)

27 National Archives and Records Administration, Archival Research Catalog. (Wilfred Bywater)

28 record of general court martial, convened 15 August 1876, San Francisco California, National Archives and Records Administration, record group 153, file PP-5293 (Wilfred Bywater)

29 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Wilfred Bywater)

Sources checked unsuccessfully

Pennsylvania veterans' burial cards
Ancestry index (accessed 7 Apr 12)
1850 US census
Ancestry index (accessed 13 Sep 2012)
1860 US census
Ancestry index (accessed 13 Sep 2012)
1870 US census
Ancestry index (accessed 13 Sep 2012)
1880 US census
Ancestry index (accessed 13 Sep 2012)
1890 US census, veterans' schedules
Ancestry index (accessed May 07)
1910 US census
Ancestry index (accessed 13 Sep 2012)
1920 US census
Ancestry index (accessed 13 Sep 2012)
1930 US census
Ancestry index (accessed 13 Sep 2012)
Find a grave
accessed 5 Sep 10
California Great Registers
the Ancestry index has references to Wilfred Bywater in those registers starting in 1888, which I have not transcribed (accessed 17 September 2012)
RootsWeb WorldConnect
Searched for Wilfred Bywater (accessed 17 September 2012)
Applications for headstones for military veterans, 1925-1941
FamilySearch index (accessed 17 September 2012)
GenealogyBank
searched Bywater in California newspapers, January 1906 (accessed 17 September 2012)

Display


William Bywater in the 91st PA gedcom on RootsWeb WorldConnect

Wilfred Bywater in the 91st PA database
[Records of Members of the Grand Army of the Republic]
WILFRED BYWATER.

Was born in Sheffield, England, November 25, 1845; has been a farmer. Enlisted in November, 1861, in Company K of the 91st Pennsylvania Infantry, and served as private and sergeant; was attached to the 5th Army Corps; first served in Washington and Alexandria until September, 1861, then joined the Army of the Potomac and took part in the battle of Antietam; thence to the battle of Fredericksburg, the mud [page 483] march, Chancellorsville, and Gettysburg; was laid up for several months on account of disability; rejoined the army in March, 1864, and took part in the battles of Spottsylvania, Cold Harbor, and the siege of Petersburg; was wounded in left leg by bullet at Preble's [sic] Farm, September 30, 1864; after recovery took part in the battles at Hatcher's Run and Five Forks; was present at the surrender of General Lee, his brigade being the one that received the arms of the Confederate soldiers at Appomattox. Comrade Bywater is a member of Rawlins Post, G.A.R., of Stockton, Cal., where he resides.

1900 census

[1900 US census, California, Tuolumne County, Sixth Township, supervisor's district 4, enumeration district 130, microfilm series T623, film 116, page 124 = 19 B handwritten]
[I did not transcribe the numerous people living in this household, headed by Archibald Andrews, a boarding house keeper]
line64
street 
house number 
dwelling number[431]
family number[442]
nameBywater Wilfred
relationshipservant
colorW
sexM
birth dateNov 1847
age52
married?S
# years married 
mother of how many children? 
# of children living 
birthplaceEngland
father's birthplaceEngland
mother's birthplaceEngland
immigration year1855
# years in USA45
naturalized citizen?No
occupationCook B.H.
# months not employed0
# months in school 
can readYes
can writeYes
speaks EnglishYes
owned/rented 
free or mortgaged 
farm/house 
# of farm schedule 

index to compiled service records

[index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania]
[transcribed 16 January 2015, from Fold3]


Bywater, Wilfred
Co. K, B, 91 Pennsylvania Inf.
Pvt | Sgt.
See also [blank]

GENERAL INDEX CARD.

California death index

[California death index, 1905-1939]
[accessed on FamilySearch, 15 June 2012]
NAME OF DECEDENTBYWATER WILFRED
INITIALS OF SPOUSE
AGE1 70 [the initial '1' indicates that the units of age are years]
SEX 
RACE 
PLACE OF DEATH39 ['39'=San Joaquin County; see image 6 of 853]
DATE OF DEATH1 12 06
DATE FILED06
LOCAL FILE NUMBER 
STATE FILE NUMBER2407
[illegible] 

army enlistment, 1865

[US Army, register of enlistments, 1798-1914, National Archives and Records Administration, microfilm series M233]
[transcribed 13 September 2012, from Ancestry]

NO. [2075]
NAMES. Bywater Wilford
ENLISTED. When. 1865 November " [sc. 14]
ENLISTED. Where. " " [sc. Phila Pa]
ENLISTED. By Whom. " " [sc. Lieut Mix]
ENLISTED. Period. " [sc. 3 yrs]
WHERE BORN. Sheffield England
AGE. 21
OCCUPATION. Soldier
DESCRIPTION Eyes. Brown
DESCRIPTION Hair. Dk
DESCRIPTION Complex'n. " [sc. Ruddy]
DESCRIPTION HEIGHT. " [sc. 5] feet 7 inches
REGIMENT. 4 Cavy
CO. C
REMARKS. Discharged Nov 14 68 expir of Serr. at Laredo Tex. a pvt.

army enlistment 1869

[US Army register of enlistments, 1869, from National Archives and Records Administration, microfilm series M233]
[transcribed 13 September 2012, from Ancestry]

NO. [227]
NAMES. Bywater Wilford
ENLISTED. When. 1869 Mch " [sc. 9]
ENLISTED. Where. Phila Pa
ENLISTED. By Whom. " Sutrurus [??]
ENLISTED. Period. " " [sc. 5 yrs]
WHERE BORN. Sheffield England
AGE. 23
OCCUPATION. " [sc. Soldier]
DESCRIPTION Eyes. Hazel
DESCRIPTION Hair. Dk
DESCRIPTION Complex'n. " [sc. Fair]
DESCRIPTION HEIGHT. " [sc. 5] feet 6 1/2 inches
REGIMENT. 1 Cavy
CO. B
REMARKS. Deserted August 17, 1871
Surrendered August 5 1876
Dishonorably Discharged September 7 1876 G.C.M. O 33 Mil Division Pacific 1876 at San Francisco Cal as Serg't

draft registration record

[Consolidated lists of Civil War draft registrations, 1863-1865, NM-65, entry 172, National Archives and Records Administration, record group 110]
[transcribed from Ancestry, 13 September 2012, Pennsylvania, 4th congressional district, volume 5 of 11, class 1/2, A-D, image 191 of 267]
[note that line 7 is Edwin Bywater, 21, b. England, silversmith, at the same address]

SCHEDULE I.--CONSOLIDATED LIST of all persons of CLASS I, subject to do military duty in the Fourth Congressional District, consisting of the Counties of 14, 15, 21, + 24th Ward of Philadelphia State of Pennsylvania, enumerated during the month of May + June 1863, under direction of CM Law Capt, Provost Marshal.
" [sc. 14]
RESIDENCE. 1223 " " [sc. Myrtle St]
NAME. 8 Bywater Wilfred
AGE 1st July 1863. 20
WHITE OR COLORED. " [sc. White]
PROFESSION, OCCUPATION, OR TRADE. Clerk
MARRIED OR UNMARRIED. " [sc. Single]
PLACE OF BIRTH. England
FORMER MILITARY SERVICE. [blank]
REMARKS. [blank]

Philadelphia directores

[Philadelphia city directories]
[transcribed 13 September 2012, from Fold3]
1865 Sherman's Philadelphia directory, page 117
Bywater Charles, harnessmaker, 456 New Market
Bywater Edwin, 1223 Myrtle
Bywater Maurice, bookbinder, 625 Pine
Bywater William, germansilver manufacturer, 1223 Myrtle
1866 McElroy's Philadelphia directory, page 121
Bywater Charles, harness maker, 2126 Ridge av
Bywater Maurice, bookbinder, 525 Pine
Bywater Maurice H., rev. sur. office, C. House
Bywater Wilford, carpenter, 1124 Division
Bywater William, germansilver manufacturer, 310 Chestnut
1867 Gopsill's Philadelphia directory, page 280
Bywater Edwin, silversmith, h 615 Hay
Bywater Maurice, bookbinder, h 525 Pine
Bywater William (Meadows, Bywater & Pachtmann), h 1223 Myrtle
1868 Gopsill's Philadelphia directory, page 318
Bywater Charles, saddler, h 615 Hay
Bywater Edward, silversmith, h 615 Hay
Bywater Maurice, bookbinder, h 525 Pine
Bywater Maurice H., clerk, h 1021 Vine
Bywater William (Meadows, Bywater & Pachtmann), h 1223 Myrtle

March 1877 return from military base

[Returns from US military posts, 1800-1916, National Archives and Records Administration, microfilm series M617, film 29, Camp Reynolds, Angel Island, San Francisco Harbor, California, March 1877]
[transcribed from Ancestry, 17 September 2012, image 322 of 341]

POST RETURN of Angel Island California, commanded by Colonel Orlando B Wilcox 12th Infantry, for the month of March, 1877.

Military Convits [sic; presumably Convicts] at Post
[...]
NO. 3
NAMES. Wilfred Bywater
RANK. " [sc. Private]
REGIM'T. 1 Cav.
CO. B
DATE OF ARRIVAL AT THE POST. Sep 12 '76
REMARKS. " [sc. G.C.M. O] 33 M.D Pac + Dep Cal [sc. Military Division Pacific and Department California (?)] Sep 7 76

April 1877 return from military base

[Returns from US military posts, 1800-1916, National Archives and Records Administration, microfilm series M617, film 29, Camp Reynolds, Angel Island, San Francisco Harbor, California, April 1877]
[transcribed from Ancestry, 17 September 2012, image 324 of 341]

POST RETURN of Angel Island California, commanded by Colonel Orlando B Wilcox 12th Infantry, for the month of April, 1877.

Military Convicts at Post
[...]
NO. 3
NAMES. Wilfred Bywater
RANK. " [sc. Private]
REGIM'T. 1 Cav.
CO. B
DATE OF ARRIVAL AT THE POST. Sep 12 '76
REMARKS. " [sc. G.C.M. O] 33 M.D Pac + Dep Cal [sc. Military Division Pacific and Department California (?)] Sep 7 76

June 1877 return from military base

[Returns from US military posts, 1800-1916, National Archives and Records Administration, microfilm series M617, film 29, Camp Reynolds, Angel Island, San Francisco Harbor, California, June 1877]
[transcribed from Ancestry, 17 September 2012, image 328 of 341]

POST RETURN of Angel Island California, commanded by Colonel Orlando B Wilcox 12th Infantry, for the month of June, 1877.

Transferred
[...]
NO. 4
NAMES. Wilfred Bywater
RANK. " [sc. Private]
REGIM'T. 1 Cav.
CO. B
DATE OF ARRIVAL AT THE POST. [blank]
REMARKS. " [sc. G.C.M. O] 33 M.D Pac + Dep Cal [sc. Military Division Pacific and Department California (?)] Sep 7 76
June 25 '77, transferred to Alcatraz Island [along with 7 other men]

court-martial record

[record of general court martial, convened 15 August 1876, San Francisco California, National Archives and Records Administration, record group 153, file PP-5293, Wilfred Bywater]
[transcribed 13 October 2012, from eight photocopied sheets, obtained from that National Archives]


[page 1]
HEADQUARTERS MILITARY DIVISION OF THE PACIFIC AND DEPARTMENT OF CALIFORNIA.
SAN FRANCISCO, CAL., March 20, 1878.
GENERAL COURT MARTIAL ORDERS No. 32.
...

3.--In the case of Wilfred Bywater, formerly sergeant of Company B, 1st Cavalry, a general prisoner at Alcatraz Island, Cal. (G.C.M.O. No. 33, from these headquarters, September 7, 1876) the period of confinement remaining unexecuted on the 1st proximo is remitted, on the recommendation of his commanding officer, for good conduct while undergoing sentence.


BY COMMAND OF MAJOR-GENERAL McDOWELL:
J. C. KELTON, Lieut.-Col., A.A.G.


G.C.M.
CASES TRIED:
1. Sergeant Wilfred Bywater, Company B, 1st Cavalry.
...

HEADQUARTERS MILITARY DIVISION OF THE PACIFIC AND DEPARTMENT OF CALIFORNIA.
SAN FRANCISCO, CAL., September 7, 1876.
GENERAL COURT MARTIAL ORDERS NO. 33.

1.--Before a General Court Martial, which convened at Alcatraz Island, California, on Tuesday, August 15, 1876, pursuant to Paragraph 2, Special Orders No. 79, current series, Headquarters Department of California, and which continued its sessions in San Francisco, California, pursuant to Paragraph 1, Special Orders No. 82, current series, Headquarters Department of California, and of which Colonel Horace Brooks, 4th U.S. Artillery, is President, and Captain Birney B. Keeler, 18th U.S. Infantry, Judge Advocate, were arraigned and tried:

1. Sergeant Wilfred Bywater, Company B, 1st Cavalry.


CHARGE--Desertion.

Specification.--In this, that he, Sergeant Wilfred Bywater, Company B, 1st Cavalry, a duly enlisted soldier in the service of the United States, did desert said service at Fort Klamath, Oregon, August 17, 1871, and did so remain absent as a deserter until August 5, 1876, when he surrendered at San Francisco, California--he not being amenable to justice in the meanwhile by reason of such unlawful absence.

To which the accused pleaded as follow:

To the Specification--Guilty.

To the Charge--Guilty.



FINDINGS AND SENTENCE.

The Court, having maturely considered the case, finds the accused as follows:

Of the Specification--Guilty.

Of the Charge--Guilty.

And the Court does therefore sentence him, Sergeant Wilfred Bywater, Company B, 1st Cavalry, To be dishonorably discharged the service of the United States, with loss of all pay and allowances now due or that may become due, except the just dues of the laundress and company tailor; and then to be confined at hard labor, at such place as the proper authority may designate, for the period of two (2) years.



[page 2]

Record of proceedings of a General Court Martial convened at San Francisco California by virtue of the following orders, viz.

San Francisco, August 12, 1876.
SPECIAL ORDERS No. 79.

I.--Special Orders No. 76, current series, from these headquarters, is revoked.

II.--A General Court Martial is hereby appointed to meet at Alcatraz Island, California, on Tuesday, the 15th instant, at 9 o'clock A.M., or as soon thereafter as practicable, for the trial of Captain John Egan, 4th Artillery, and such prisoners as may be properly brought before it.

DETAIL FOR THE COURT.
1. Colonel Horace Brooks, 4th Artillery.
2. Lieutenant-Colonel W. L. Elliott, 1st Cavalry.
3. Major Henry Prince, Pay Department.
4. Major Joseph Stewart, 4th Artillery.
5. Captain Henry C. Hasbrouck, 4th Artillery.
6. Captain Edmund F. Thompson, 12th Infantry.
7. Captain Edward Field, 4th Artillery.
Captain Birney B. Keeler, 18th Infantry, Judge Advocate.

No other officers than those named can be assembled without manifest injury to the service.

In case of the absence of any of the members named in this Order, the Court will nevertheless proceed with the business assigned it; provided, the number present is not less than the minimum prescribed by law.

BY COMMAND OF MAJOR-GENERAL McDOWELL:
SAM'L BRECK,
Assistant Adjutant General.
OFFICIAL:

John H. Coster [?]
Aid-de-Camp.


Headquarters Department of California,
San Francisco, August 14, 1876.
SPECIAL ORDERS No. 81.

I.--Assistant Surgeon B. G. Semig, U.S. Army, now in this city, will proceed without delay to Camp Halleck, Nevada, and report to the commanding officer of that post for temporary duty.

II.--The following-named officers are detailed as additional members of the General Court Martial convened by Paragraph 2, Special Orders 79, current series, from these headquarters, viz.:

Major Samuel Woods, Pay Department, U.S. Army.
First Lieutenant Joseph H. Hurst, 12th Infantry.

BY COMMAND OF MAJOR-GENERAL McDOWELL:

SAM'L BRECK,
Assistant Adjutant General.
OFFICIAL:

(Sgd) John H. Coster.
Aid-de-Camp.

[page 3]

Headquarters Department of California,
San Francisco, August 16, 1876.

SPECIAL ORDERS No. 82.

I.--The General Court Martial appointed in Paragraph 2, Special Orders No. 79 and 81, current series, from these headquarters, to meet at Alcatraz Island, California, will meet hereafter in this city, in the building used by the Provost Guard at Front-street Wharf.

...

BY COMMAND OF MAJOR-GENERAL McDOWELL:

SAM'L BRECK,
Assistant Adjutant General.
OFFICIAL:
(Sgd.) John H. Coster.
Aid-de-Camp.


San Francisco California
August 28th 1876.
11.30 o'clock AM.

The Court met pursuant to the foregoing orders


Present
1. Colonel Horace Brooks, 4th Artillery
2. Lieutenant Colonel W. L. Elliott, 1st Cavalry
3. Major Henry Prince, Pay Department
4. Major Samuel Woods, Pay Department
5. Major Joseph Stewart, 4th Artillery
6. Captain Henry C. Hasbrouck, 4th Artillery
7. Captain Edmund F. Thompson, 12th Infantry
8. Captain Edward Field, 4th Artillery

[page 4]

9. First Lieutenant Joseph B. Hurst, 12th Infantry.
Captain Birney B. Kuler, 18th Infantry, Judge Advocate

The record of proceedings of preceding session of the 25th instant (Case of Captain John Egan 4th Artillery) read and approved.
(Col. Brooks withdrew during reading of record)

The Court then proceded to the trial of Sergeant Wilfred Bywater, Company B 1st Cavalry, who, being called before the Court, and having heard the orders convening it read, was asked, if he had any objection to any member present, named in the orders, to which he replied in the negative.

The members of the Court were then severally duly sworn by the Judge Advocate, and the Judge Advocate was then duly sworn by the President of the Court, all of which oaths were administered in the presence of the Accused.

The Accused was then duly arraigned upon the following charge and specification



Charge:
Desertion.

Specification: In this, that he, Sergeant Wilfred Bywater Company "B" 1st Cavalry

[page 5]

a duly enlisted soldier in the service of the United States, did desert said service at Fort Klamath, Oregon, August 17. 1871, and did so remain absent as a deserter until August 5th 1876, when he surrendered at San Francisco Cal.; he not being amenable to justice in the meanwhile by reason of such unlawful absence.

To which the Accused pleaded as follows:
To the Specification: Guilty
To the Charge: Guilty

The Judge Advocate here announced the case for the prosecution closed.

The prisoner then stated as follows: "I was under the influence of liquor when I deserted, and when I recovered from the effects of the liquor I dreaded giving myself up, but after five years' absence I have concluded to stand the consequences."

The Court was thereupon cleared


[page 6]

and closed for deliberation, and, having maturely consdiered the case, finds the Accused as follows:


Of the Specification: Guilty
Of the Charge: Guilty

And the Court does therefore sentence him Sergeant Wilfred Bywater Co. B 1st Cavalry to be dishonorably discharged the service of the United States with loss of all pay and allowances now due or that may become due, except the just dues of the laundress + Co. tailor, and then to be confined at hard labor at such place as the proper authority may designate for the period of two (2) years.


H. Brooks
Col. 4th Arty.
President

B. B. Keeler
Capt 18th Inf.
Judge Adv.

The court then proceeded to other business

[page 7]

Head Quarters Military Division of the Pacific and Department of California

San Francisco September 7th 1876.

The proceedings, findings and sentence in the foregoing case of Sergeant Wilfred Bywater, Company "B" 1st Cavalry are approved--the latter in consideration of the prisoner's having been a Sergeant at the date of his desertion. Alcatraz Island California is designated as the place of confinement.

James McDowell
Major General Commanding.

[page 8]

Gen. Ct B. 718. J.A.O. M.D.P. + Dept Cal.
San Francisco California
August 28th 1876.
P.P. 5293

Proceedings of a General Court Martial convened by
Special Orders No. 79.
dated Head Quarters Department of California August 12. 1876.

Colonel Horace Brooks
4th Artillery,
President

Captain B. B. Keeler
18th Infantry
Judge Advocate.

Recd [?] B M J. [?] Sept 1876
Case tried No. 2.
Sergeant Wilfred Bywater
Company B 1st Cavalry

Rd. J.A.O. M.D.P. + D.C. Aug 29, 1876.

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revised 17 Jan 15
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