xt7w9g5gbs9t https://exploreuk.uky.edu/dips/xt7w9g5gbs9t/data/mets.xml Fry, James B. (James Barnet), 1827-1894. 1885  books b929737f9462009 English Putnam : New York Contact the Special Collections Research Center for information regarding rights and use of this collection. Nelson, William, 1824-1862 --Death and burial. United States. Army --Biography. Generals --United States --Biography. United States --History --Civil War, 1861-1865. Killed by a brother soldier : a chapter in the history of the war text Killed by a brother soldier : a chapter in the history of the war 1885 2009 true xt7w9g5gbs9t section xt7w9g5gbs9t 
  
  
  
  
  
C OPYRIGHT B Y THE MILITARY SERVICE 1885 INSTITUTION

P ress o f G . P . PUTNAM'S SONS New York

  
KILLED
A CHAPTER

BY A B R O T H E R SOLDIER.
IN THE HISTORY OF THE WAR.

B y G E N E R A L J A M E S B. F R Y , U . S . A .

" General Davis has Just shot General Nelson ! " s aid J o h n J . C rittenden, as he walked rapidly up to his son, General T . L . C rittenden, at the Gait House breakfast-table, on the 29th of S eptember, 1862. T h i s announcement, i n the clear and impressive voice peculiar to the g reat K e n t u c k y orator and statesman, s ent a t hrill o f horror through all who heard it. M e n hurried to w itness or hear of the death-scene i n the tragedy. Nelson, shot t hrough t he heart, laid at f ull l ength upon the floor. General C rittenden k neeled, took his hand, and said : " Nelson, are you s eriously hurt ? " " T o m , I am murdered," was the reply. W h e n t he A r m y of the O h i o , u nder B u e l l , was m o v i n g on C hattanooga, in the summer of 1862, the line of railroad^   some t hree hundred miles long   from Louisville, K y . , upon which the t roops w ere d ependent for supplies, was so frequently broken by t he enemy that B u e l l detached Nelson, in whom he had g reat c onfidence, and sent h i m to K e n t u c k y w i t h orders to take command there and re-establish and protect the line of supply. U p o n r eaching his destination Nelson found himself second t o General H . G . W r i g h t , whom the President, without Buell's k nowledge, had placed in command of a military department, e mbracing the S tate o f K e n t u c k y . W r i g h t ' s troops, under the i mmediate command of Nelson, and the Confederate forces, u nder K i r b y S m i t h , fought a battle at R i c h m o n d , K y . , on the 3 0th of A u g u s t , in which the former w ere d efeated, and Nelson was wounded. T h e Confederates took possession of L e x i n g t o n a nd Frankfort, held the " Blue-grass" region, and threatened
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C incinnati a nd Louisville. W r i g h t himself looked to C incinnati, h is h ead-quarters being there, and entrusted the defence of L ouisville t o Nelson. Louisville, threatened by both Bragg a nd K i r b y S m i t h , was in g reat p eril. N elson, able, energetic, a rbitrary, was straining e very n erve for the defence of the city. D avis, who was then on sick-leave in Indiana, appreciating the c ondition of affairs in K e n t u c k y , and hearing that general officers w ere'needed there, volunteered his services, and was directed b y W r i g h t to report to Nelson, which he d i d , and was charged w ith t he duty of organizing and arming the citizens of Louisville. N elson's quarters and offices w ere i n the Gait H o u s e , at t he north end of the w est c orridor, on the first or main floor. H i s A djutant-General's office was in room N o . 12, and his M e d ical D irector's office in room N o . I O . A f t e r Davis had been for a d ay or two on the d u t y to which he had been assigned, he c alled i n the afternoon at head-quarters, and Nelson said : " W e l l , D avis, how are you getting along w i t h y o u r command ? " Davis r eplied : " I d on't k n o w . " Nelson asked : " H o w many regiments . have y ou organized ? " Davis again replied : " I don't k n o w . " T h e n N elson said : " H o w many companies h ave y o u ?" To w hich D avis responded in a seemingly c areless t one : " I don't k n o w . " N elson then said, t e s t i l y : " B u t y o u should k n o w , " a dding, as he a rose f rom his s eat, " I a m disappointed in y o u , G eneral Davis. I selected you for this d u t y b ecause y o u are an officer of the Regular A r m y , but I f ind I m ade a mistake." Davis a rose a nd remarked, in a cool, deliberate manner : " General N elson, I a m a regular soldier, and I demand the treatment due t o me as a general officer." Davis then stepped a cross t o the d oor of the Medical Director's r o o m     b o t h doors being open, as t he weather was very warm   and said : " D r . Irwin, I wish y o u to be a witness to this conversation." A t the s ame t ime Nelson s aid : " Yes, Doctor, I want y o u to remember t h i s . " Davis then s aid to Nelson : " I demand from y o u the courtesy due to m y r ank." Nelson replied : " I w ill t reat y o u as y o u d eserve. Y o u h ave d isappointed m e ; y o u h ave b een unfaithful to the trust w hich I r eposed in y o u , and I shall relieve y o u at once," adding, " y ou are relieved from duty here, and y o u w ill p roceed to C incinnati a nd report to General W r i g h t . " Davis said : " Y o u h ave n o authority to order me." Nelson turned toward the A d j u t a n t General and said : " Captain, if General Davis d oes n ot l eave t he city by nine o'clock to-night, give instructions to the

  
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P rovost-Marshal to see that he shall be put a cross t he O h i o . " * U p o n s uch occasions Nelson was overbearing and his manner was peculiarly offensive. H i g h l y incensed b y the treatment he h ad received, Davis withdrew ; and that night went to Cincinnati a nd reported to W r i g h t , who assigned h i m to command in front o f C ovington and Newport, K y . A few d ays t hereafter ( Sept. 2 5th) B u e l l reached L o u i s v i l l e and superseded Nelson in command, a nd W r i g h t ordered Davis to return to Louisville and r eport to B u e l l . In pursuance of W r i g h t ' s order, Davis, on the m orning o f September 29, 1862, appeared at the Gait House, L o u i s v i l l e , t he head-quarters at that time of both B u e l l and N elson. W h e n Nelson entered the grand h all, o r office, of the h otel, j ust after breakfast, there w ere m any men there, among t hem D avis and Governor O . P. M o r t o n , o f Indiana. Nelson w ent to the clerk's office, asked if General Buell had breakfasted, a nd then turned, leaned his back against the counter, faced the a ssembled people, and glanced over the h all w i t h his clear black e ye. I n the prime of life, in perfect health, six feet t wo inches i n h eight, weighing three hundred pounds, his g reat b ody covered b y a capacious white v est, h is coat open and thrown back, he was t he one conspicuous feature of the grand h all. D avis, a small, s allow, blue-eyed, dyspeptic-looking man, less t han five feet n ine i nches high, and weighing only about one hundred and twentyfive pounds, approached, charged Nelson w i t h having insulted h im a t their last meeting, and said he must h ave s atisfaction. N elson t old h i m abruptly to go a way. D avis, however, who was a ccompanied b y M o r t o n , p ressed his demand t ill N elson said : " G o a way, y o u d d puppy, I don't want any thing to do w i t h y ou ! " Davis had taken from the box on the counter one of the v isiting c ards kept there for common use, and, in the excitement o f t he interview, had squeezed it into a small b all, w hich, upon h earing the insulting words just quoted, he flipped into Nelson's face w i t h his forefinger and thumb, as boys shoot marbles. T hereupon, Nelson, w i t h the back of his hand, slapped Davis in t he face. H e then turned to M o r t o n and s a i d : " D i d y o u come h ere, sir, to see me i n s u l t e d ? " " N o , sir," replied M o r t o n , a nd N elson w alked a way t oward his room, which, it w i l l be remembered, was on the office floor, and at the north end of the h all o r c orridor w hich extends along the w est s ide of the building. A d oor-way connects this corridor w i t h the grand or office h all, a nd
* A s g i v e n b y D r . I r w i n , n ow S u r g e o n , w i t h r ank o f M a j o r a nd B ' v ' t C o l . , U . S. A .

  
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n ear that door-way starts a staircase which leads from the h all t o t he floor above. A f t e r the slap, Davis turned to Captain , an old M e x i c a n - W a r friend from Indiana, and asked for a pistol. C aptain d id not h ave a p istol, but he immediately obtained o ne from Thomas W . Gibson and g ave i t to Davis. Gibson was a f riend of Davis, and was from Indiana, but at the time of this o ccurrence he was a practising lawyer in L o u i s v i l l e . In the meantime Nelson had p assed f rom the office h all i nto the corridor w hich l ed to his room, had walked toward his room, then turned b ack and was near the foot of the staircase and in front of the d oor-way leading to the office h all w hen Davis reached the t hreshold from the office. T h e y w ere face t o face a nd about a y ard apart, the one w i t h pistol in hand, the other entirely u narmed. D a v i s j i r e d and Nelson walked on up stairs. B u e l l , at t he time, was in his room, which was near the head of the stairs o n t he second floor. It is believed that Nelson was on his way t o report to Buell what had occurred, when he was confronted a nd shot by Davis. Be that as it may, he walked up stairs a fter he was shot, and fell in the h all b etween the head of the s tairs and Buell's apartment. Those who had gathered around c arried him into the room n earest t he spot where he fell and laid h im o n the floor. H e said to Silas F . M iller, p roprietor of the h otel, w ho had rushed to the s cene w hen he heard the p i s t o l : " S end for a clergyman; I wish to be baptized. I h ave b een b asely murdered." T h e Rev. J . T a l b o t , an Episcopal minister, was called. A l l the medical aid available was summoned. Surgeon Robert M u r r a y , Buell's medical director at the time (now S urgeon-General of the A r m y ) , s ays: " I w as summoned from the L ouisville H o t e l to the Gait H o u s e when he was shot. I found h im o n the floor of his room insensible, with stertorous breathing, a nd evidently d y i n g from hemorrhage. T h e b all, a s mall one, e ntered just over the heart, had p assed t hrough that organ or t he large vessels c onnected with it. I am quite sure that he did riot utter an intelligible word after I saw h i m . " Before Surgeon M u r r a y a rrived, however, a number of persons went into the r oom, a mong them General Crittenden, mentioned in the opening of t his narrative, the Rev. J . T a l b o t , and myself. A t h alf p ast 8 A . M . , w ithin l ess t han an hour from the time N elson was shot, he was dead. I was in the grand h all o f the Gait House when the encounter t ook place, but I did not know Davis was there: nor had I heard

  
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of t he difficulty that had occurred some d ays b efore between him a nd Nelson. T h e y w ere b oth m y warm friends. Davis had been 2 d Lieutenant in the company of which I was 1st Lieutenant, and p art of the time commander. W e had been companions and m essmates. U p o n hearing the sound of the pistol, I ascertained w hat had happened, and made m y way through the crowd that h ad gathered around Davis, put my hand upon his shoulder, and t old h i m that I placed h i m in arrest by order of General Buell. I w as at that time Buell's Chief of Staff. D avis, though greatly a gitated, showed no signs of r age. H e was glad to be taken from h is s urroundings, and placed in formal military custody by a friend a nd fully empowered military official. I took his arm, and we i mmediately went together to his room on an upper floor of the G ait H ouse. N o policeman had any t h i n g to do w i t h his arrest; n or did one a ppear so far as I know. W h e n we entered the room a nd closed the door, Davis said he wanted to t ell m e the facts i n t he case w hile they w ere f resh. H e then g ave m e details of the affair, including the decisive incident of flipping the paper wad i nto N elson's face. I r emained with Davis but a few minutes. I a m satisfied that he had not anticipated the fatal ending to the e ncounter he had just closed w i t h Nelson. H e sought the interview unarmed, and so far as known none of his friends w ere a rmed except Gibson, and it is not probable that he had provided h imself f or this occasion w i t h the small pistol which was p assed f rom h i m to Davis. It seemed to be Davis' purpose to confront N elson i n a public place, demand satisfaction for the wrong done h im a few d ays b efore, and if he received no apology, to insult N elson o penly, and then l eave h i m to seek s atisfaction in any w ay, personally or officially, that he saw fit. It was to fasten u pon N elson the insult of a blow that the paper wad was flipped i nto h is face. N elson, no doubt, had that offensive act in mind w hen he said to M o r t o n just after it was committed : " D i d you c ome here, sir, to see me i n s u l t e d ? " But, instead of waiting to s end a challenge, or take official action, if he had been inclined to d o either, for the insult he had received through the paper wad, N elson a venged himself on the spot by returning the blow. D avis then carried on the fight, and it reached an end he had n ot designed. Nelson (as well as Davis) had many devoted f riends about the Gait House at the time, and there w ere m utterings of v engeance a mong them. But wiser counsels prevailed. G enerals Jackson and T errill w ere t he most difficult to a ppease.

  
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T h e y both found soldier's g raves a few d ays l ater upon the battlefield o f Perryville. B uell r egarded Davis' action not only as a high crime, but as a g ross v iolation of military discipline. H e felt that the case c alled f or prompt and vigorous treatment; but he could not a dminister i t. T h e campaign was beginning. A new commander w as found for Nelson's corps, and the A r m y marched the second d ay after his death. Buell could neither s pare f rom his forces t he high officers n ecessary t o constitute a proper court-martial, n or c ould he give the n ecessary a ttention to preparing the case for t rial i n Louisville, where it was b est, i f not n ecessary t o try it. H e t herefore reported by telegraph as follows :
FLOYD'S FORK, KY.

Via Louisville, October?,, 1862.
GENERAL H . W . IIALLECK :

(Received 6.20 P .M.)

B rigadier-General Davis is under arrest at Louisville for the k i l l i n g of General N elson. H i s t rial by a court-martial or military commission should lake place i mmediately, b ut I can't spare officers from the army now in motion to compose a c ourt. I t can perhaps better be done from Washington. T he circumstances are, that on a previous occasion Nelson censured Davis for w hat he considered neglect of duty, ordered him to report to General Wright at C incinnati, O hio. D avis said w ith reference to that matter that if he could not get s atisfaction or justice he would take the law into his own hands. O n the occasion of the k i l l i n g he approached Nelson in a large company and introduced the subject. H arsh o r violent words ensued, and Nelson slapped Davis in the face a nd walked off. D avis followed h i m , having procured a pistol from some person in the parly, and met N elson i n the h all of the hotel. Davis fired. T h e b all e ntered the right breast, i nflicting a m ortal wound, and causing death in a few minutes.
D. C. BUELL,

Major- General.

T h e military authorities d i d not institute the proceedings suggested i n the foregoing report from Buell to H a l l e c k ; nor was D avis taken from military custody by the c ivil a uthorities; but i n a few d ays h e was at large. W r i g h t , the general commanding t he M i l i t a r y D epartment i n which the offense w as committed, e xplains Davis' r elease as follows: " T h e period during which a n officer could be continued in arrest without c harges ( none had b een preferred) having expired, and General B u e l l being then i n t he f ield, D avis appealed to me, and I notified him that he s hould n o longer consider himself in arrest." W r i g h t adds: " I was satisfied that Davis acted purely on the defensive in the unfortunate affair, and I presumed that Buell held very similar v iews, as he took no action in the matter after placing him in

  
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a rrest." I do not know upon what W r i g h t based his opinion t hat Davis acted purely on the defensive, but I am sure he is in e rror as to Buell's views in the matter. Davis' course in taking t he law into his own hands, and the failure to bring him to t rial, b oth m et w ith B uell's unqualified disapprobation. T h e case i s without a parallel. A Brigadier-General in the h ighly d isciplined army of a law-abiding people, reaching the h ead-quarters just as the forces w ere r eady to march to the battlefield, i nstead of reporting for duty against the common enemy, as he was under orders to do, sought out a Major-General commanding a c orps of the army to which both belonged, k illed h im on t he spot, and then went to duty without punishment, t rial, o r r ebuke. T h o u g h officially reported, as already shown, no m ilitary t rial was instituted. I t a ppears, f rom the records of the J efferson C ircuit C ourt, L ouisville, K y . , that on the 27th of October, (1862) D avis was i ndicted b y the Grand J u r y f or "manslaughter," and admitted to b ail i n the sum of $ 5,000. T . W . Gibson, who furnished the pistol w ith w hich Davis k illed N elson, and W . P. Thomasson w ere sureties on his bond. The case was continued from time to time u ntil t he 24th of M a y , 1864, when it " w a s stricken from the d ocket, w ith l eave t o reinstate " ; and nothing more was heard of i t i n the halls of justice.* I t has been said that Davis was pardoned by the Governor of K e n t u c k y , but the Secretary of State, of the Commonwealth contradicts this in a letter, dated A p r i l 8, 1885, saying: " T h e r e is n othing o n the Executive Journal, to indicate that Governor R obinson o r Governor Bramlette issued a pardon to General " Jeff. C . Davis for the k illing o f General N e l s o n . " T here is good reason for the belief that Morton's influence was exerted to prevent proceedings against Davis. A n able and i nfluential l awyer, J ames S peed, Esq., of Louisville, who was a fterwards appointed Attorney-General in President Lincoln's C abinet, was retained as Davis' counsel, and succeeded in saving h is c lient from both c ivil a nd military prosecution. D avis was born in Clarke County, Indiana, M a r c h 2, 1828. H e b egan his military career, J une, 1846, by volunteering for the M exican W a r , as private in the 3d Indiana Infantry. H e took p art in the battle of Buena-Vista, was appointed 2d Lieutenant
* Collin's History of Kentucky is in e r r o r i n s tating t h a t v o l . 2.
lL

G e n e r a l D a v i s w as n e v e r

indicted,

n o r tried b y the c i v i l a u t h o r i t i e s , " p . 581,

  
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1st U . S. A r t i l l e r y , J une, 17, 1848; 1st Lieutenant, February 29, 1 852; and Captain, M a y 14, 1861. H e was engaged in A n d e r son's defence of F o r t Sumter, at the outbreak of the C i v i l W a r , A p r i l , 1861 ; and in A u g u s t of that y ear b ecame Colonel of the 2 2d Regiment of Indiana Volunteers. Before the close of the w ar he had reached the grade of Major-General of volunteers, a nd t he command of the 14th A r m y C o r p s ; to which General S herman s ays he had " fairly risen by merit and hard service." " H e threw his whole soul into the contest," adds General Sherman, " a nd wherever fighting was hardest, for four y ears, w e f ind h im at the front. T o recount his deeds would require a volume." W h e n t he war was over, he was appointed Colonel of the 23d U . S . Infantry, and held that office u ntil h is death from pneumonia, N ovember 30, 1879. D avis was brave, quiet, obliging, humorous in disposition, and f ull o f ambition, daring, endurance, and self-confidence. H e felt t hat he was a born military chieftain. A s early as 1852, when he was but twenty-four y ears of age, and only a 2d Lieutenant, I h eard him e xpress e ntire confidence in his ability to command an e xpedition f or the invasion and capture of the Island of Cuba. T h e last y ears of his life were passed in broken health, and were s omewhat embittered by disappointment at not receiving the B rigadier-Generalcy, for which he felt qualified, and w h i c h he, as w ell as others, thought he had earned by his services in the C i v i l W a r ; b ut I never heard that he expressed, and I do not believe t hat he felt, any regret for having k illed N elson. N elson w as born at Maysville, K y . , September 27, 1824 ; was a ppointed a cting M i d s h i p m a n in the navy, January 28, 1840 ; p assed Midshipman, J u l y n , 1846; Lieutenant, September, 18, 1855; and Lieutenant-Commander, A u g u s t 5, 1862. I n t he N a v y he acquired the principles and rules of r igid o bedience and discipline, which he applied w ith m arked effect to the v olunteer land forces that came under his control early in the C i v i l W a r . H e was distinguished for gallant and meritorious s ervices as a N a v y officer in the W a r w ith M e x i c o . W h e n the rebellion b roke out in 1861, Nelson was on duty at the Washington N avy-Yard. H i s pronounced U n i o n i s m , a nd his clearness and v igor in discussing existing affairs and forecasting the course of e vents, at once attracted the favorable notice of the Government. I n t he Summer of 1861, his native State, K e n t u c k y , was torn b y c ontending p arties, one trying to drag her into rebellion, another

  
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. seeking her distinct action in favor of the U n i o n c ause, and a t hird a dvocating the middle course of armed neutrality. A t that c ritical t ime, Nelson, an officer of the N a v y , was directed to report f or special duty to the Secretary of W a r ; and under date of J u l y I , 1861, was " ordered by the Adjutant-General of the A r m y t o organize and muster into the U n i t e d S tates S ervice, volunteer t roops from East Tennessee, West Tennessee, and South-East K e n t u c k y . " U n d e r these instructions, but left to rely mainly u pon h is own resources, judgment, and discretion, Nelson went to K e n t u c k y a nd established " Camp D i c k R o b i n s o n , " a spot that is n ow h istoric as the scene o f the early labors by which he began an a ctive defence against the invaders and the internal foes of his n ative State, and anchored her to the c ause o f the U n i o n . O n t he 16th of September, 1861, he was appointed BrigadierGeneral, U . S. Volunteers, and his authority was extended to the c ommand o f troops operating i n Eastern K e n t u c k y . Buell a ssumed command of the Department of the O hio ( including K e n t u c k y ) November 15, 1861, and Nelson then f ell u nder his c ontrol. W h e n B e u l l organized the army which was first called t he A r m y of the O h i o , a nd later the A r m y of the Cumberland, he a ssigned Nelson to the command of the 4th D ivision. F r o m that t ime u ntil h is death (Sept. 29, '62) Nelson's career grew more and m ore brilliant and meritorious ; and on account of his gallantry a nd g ood conduct in the Campaign of S h i l o h ( A p r i l , ' 62), he was p romoted t o the grade of Major-General. T h e summary of services and character, made in Buell's order issued upon the occa. sion of Nelson's death, is enough for the purpose of this article. T h e order s ays : " T h e General commanding announces w ith i nexpressible regret, the death of Major-General W i l l i a m N elson, which occured i n t his city at half-past 8 o'clock this morning. T h e deceased was b red a s ailor, and was an officer of the N a v y while h o l d i n g a commission i n the M i l i t a r y S ervice. H i s t o r y w ill h onor him as one o f t he first to organize b y his individual exertion, a military force i n K e n t u c k y , his native State, to rescue her from the vortex of r ebellion t oward which she was drifting. " H e was a man of extensive information, comprehensive v iews, and g reat e nergy and force of character. B y his nature he was intolerant of disobedience, or neglect of public duty ; but no m an w as more prompt to recognize and foster merit in his inferiors ; and in his own conduct he set an example of vigilance,

  
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i ndustry, a nd prompt attention to duty which he exacted from o thers. In battle his example was equally marked. O n more t han o ne field, a t Shiloh, R i c h m o n d , and Ivy M o u n t a i n , he was c onspicuous for his gallant bearing." N elson's remains w ere b uried at C a v e - H i l l C emetery, L o u i s ville, O ctober 2, 1862. O n the 21st of A u g u s t , 1863, they w ere t ransferred to Camp D i c k R o b i n s o n , and interred there w i t h a ppropriate honors ; but w ere s ubsequently removed by his relatives to his native place, Maysville, K y . , where they now rest. E rroneous versions of the encounter between Nelson and D avis, u nfavorable to the former, w ere s cattered broadcast at t he time. Nelson's habitual violence of character was e xaggerated, the idea of retribution supplanted the demands of justice; a nd p ublic attention became fixed upon Nelson's alleged violent c onduct toward men generally, and not upon Davis' specific act o f v iolence i n shooting Nelson. T h o u g h Davis was aggrieved, it is d ifficult to see now, even if it was not then, how he can be justified i n p rovoking the final quarrel and committing the foul deed o f d eath. T h e facts w ill n ot sustain the theory of self-defence ; a nd t he military law, as he well knew, offered prompt and ample r edress for all the wrong Nelson had done h i m at their first m eeting. B u t he made no appeal to law. O n the contrary he d eliberately took all law into his own hands. W h e t h e r he proceeded solely upon his own judgment, or was advised and incited b y others, is not positively known ; but I do not doubt that M o r t o n , a nd perhaps others, without designing or foreseeing the f atal consequences, encouraged Davis to insult N e l s o n publicly for w rong d one in an official interview. One s tep l ed to another in t he attempt to place and fix the insult, u ntil t he end was Nelson's v iolent d eath. I t was a cruel fate t hat brought about a collision between t hese t wo rash men. General officers whose country needed them, g reat s oldiers, brother soldiers   the one bearing an unhealed wound r eceived in battle for the cause t o which both had pledged their l ives   was slain b y the other, the U n i o n a rms, at a c ritical j uncture, l ost services of incalculable value, and the result of a g reat c ampaign was very different from what it would h ave b een if t hese m en h ad not prevented each other from performing their proper p arts in it.

  
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M a n y e rroneous accounts of this tragic encounter h ave b een p ublished. O ne of the latest is that of a correspondent of the Philadelphia Press, w ho wrote to that paper from Cleveland, O hio, F ebruary 23, 1885, as follows:
" G eneral J  mes B. Steedman, was an eye-witness to the k illing of General Nelson, I he bully, by General Jeff. C . Davis, a quiet, l ittle m an whom he had grossly insulted. " T here was a lot of us standing at the Gait House bar," said he, " among them b eing G eneral John T . Croxton, of the Kentucky Infantry. I heard voices down the l ong h all a nd looked that way, and saw a group in which w ere G eneral Nelson, Governor M orton, a nd General Davis. They were q uite excited and talking in a vehement m anner. Almost immediately Nelson drew back his right hand and slapped Davis in the face. D avis was a small man, while Nelson was over six feet t all, w eighed well on to three hundred pounds, and was as strong as a giant. I turned to Croxton and said: ' T h e r e is going to be trouble. Nelson has struck Davis.' W e moved toward the g roup, and as we did so Nelson moved back a few steps a nd leaned against the office r ail. M orton a nd Davis moved back a short distance. T h e former took a pistol from h is h ip-pocket and handed it to Davis, who stepped forward, levelled it and fired. N elson t hrew his hand up to his breast a nd said : ' J i m , I'm a dead man, send for an E piscopal m inister.' W e all took hold of him and carried him into a l ittle side room. H i s c lothes w ere t hrown open, and near the heart was found a small blue mark, about the size of a shot. N o blood was seen, and the wound had closed. A clergyman came r unning i n , and as he entered we withdrew and closed the door. In ten minutes Nelson was dead. " D avis remained quietly near where the encounter had taken place. Among those w ho first appeared in answer to the shot was a policeman, who placed Davis under a rrest. H e went along quietly, but was soon released on the demand of General Buell o n the Mayor. H e was never called to account in any way for the deed. There was n othing else the man could have d one under the circumstances. H e would have h ad no s how in a physical contest. T o have r eceived a blow in that manner and in that public p lace, and then to h ave w alked a way w ith h is hands in his pockets, would have d riven h im f rom the army in disgrace. There have been questions raised as to whether M orton f urnished the weapon or not. I was not near enough to see that it was a pistol he gave D avis, but I do know he took something from his pocket, handed it over, and that D avis raised his hand and immediately fired. The homicide did not seem to change D avis in the least   he was a lways a morose, quiet m a n . "

A m ore formal and more erroneous account, as well as a more u njust one to Nelson, is found in Shaler's " H i s t o r y of K e n t u c k y , " p . 3 19: " A l w a y s a man of passionate nature, the defeat o f his forces by K i r b y S m i t h made him furious, though he was responsible for the condition that brought it about, for to him more than to a ny one else, must be attributed the leaving of Morgan's forces at C umberland G ap. W h e n organizing the forces in L o u i s v i l l e under B u e l l , h is r age b roke forth against General J . C. Davis. D uring a t rifling d ispute concerning some unimportant matter, he insulted h is opponent, and on his dignified remonstrance struck him

  
KILLED

BY

A BROTILER

SOLDIER.

w ith h is hand. Davis instantly k illed h i m . Davis' act was generally approved by his brother soldiers." In a foot-note to this t he author s ays i n justification of D a v i s : " In war the personal d ignity o f officers and men must be preserved. It cannot be kept w ithout s uch cruel customs." T h e foregoing statement that " he i nsulted his o pponent, and o n his d ignified remonstrance, struck him w ith his h and," l eaves a d oubt as to who made the dignified remonstrance, who was struck, w ho did the striking, and w hose h and was used for the blow ; but t here can be no doubt about the general inaccuracy of Professor S ohaler's account of the affair. ' T h e assertion that Nelson, " more than any one e lse," was responsible for leaving Morgan's forces at Cumberland Gap, or that h e was in any d egree r esponsible for it, is erroneous. H e had no a uthority o r responsibility in the matter. H e was subordinate to G en. H . G. W r i g h t , who, as department commander assigned by t he President, controlled Morgan. But W r i g h t even, superior as he Was to Nelson, was not responsible for Morgan's remaining at Cumberland Gap a fter t he position had been turned b y K i r b y S mith's a dvance i nto K e n t u c k y . O n the 22d of A u g u s t , eight d ays b efore t he d efeat w hich according to the author settled N elson i nto a month's " r a g e , " H alleck, the General-in-Chief of t he A r m y     p u r s u i n g a precedent determination   telegraphed M o r g a n : " H o l d o n firmly. I w ill see that y o u are. very soon s upported by other troops " ; and on the 30th of A u g u s t he telegraphed W r i g h t : " T h e relief of M o r g a n , and the holding of the Cuvibcrland Gap are deemed o