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Cox, Jacob Dolson, 1828-1900

"April 1861-November 1863"

A supply of
intrenching tools was stacked by the gate leading into the yard
where my staff tents were pitched, and my aide, Lieutenant Conine,
directed the sergeant to have his men take the tools and report to
Mr. Wagner, the engineer, on the line. The men began to demur in a
half-mutinous way, saying they had been on picket the night before.
Conine, who was a soldierly man, informed them that that should be
immediately looked into, and if so, they would be soon relieved, but
that they could not argue the matter there, as their company
commander was responsible for the detail. He therefore repeated his
order. The sergeant then became excited and said his men should not
obey. Lieutenant Gibbs, the district commissary, was standing by,
and drawing his pistol, said to Joyce, "That's mutiny; order your
men to take the tools or I'll shoot you." The man retorted with a
curse, "Shoot!" Gibbs fired, and Joyce fell dead. When the sergeant
first refused to obey, Conine coolly called out, "Corporal of the
guard, turn out the guard!" intending very properly to put the man
in arrest, but the shot followed too quick for the guard to arrive.
I was sitting within the house at my camp desk, busy, when the first
thing which attracted my attention was the call for the guard and
the shot.


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