Last month, I posted on the early days of David Nemetzky in the Army (1904-1909). After two years, the easing of COVID has brought the reopening of the National Archives, and the increased availability of records that are held there. This past weekend, I received copies of two General Courts Martial for David Nemetzky; one in 1904 (this post) and one in 1912 (to be the next post). The General Court Martial that he faced in 1904 was due to his desertion from the Cavalry in April of 1904.
He enlisted in the Cavalry on January 14, 1904 at New York City (705 6th Avenue) and was sent to Fort Slocum, New York, just north of The Bronx on the coast of Long Island Sound. David Nemetzky was 5'3" He was one of 90 Cavalry recruits who arrived at Fort Slocum during the month of January. In February, he and 60 other Cavalry recruits left fort Slocum and were assigned to Camp George H. Thomas in Georgia, arriving there on February 11th.
It would have been immediately after arriving that drill would have commenced. This would have included learning how to mount and ride a horse. During drill, it was noted that for the most part, he drilled with quiet and well behaved horses. However, in March and April of 1904, he received injuries while learning to ride a horse due to drilling with what was called 'a hard mouthed horse'. The first injury occurred on March 1, 1904. In his own words: 'My first accident, was when I was in the bull-ring with 2nd Lt [J.A.] Shannon, taking mounted exercise, and I had to get off the horse and as soon as I got off the horse, the horse started to run away and I tried to catch him and just as I tried, the horse raised on his hind legs and kicked me fracturing my 7th and 9th ribs.'
2nd Lt. J.A. Shannon, who testified on behalf of David Nemetzky, stated that: 'He always appeared to try to do his duty very well. I drilled him as a recruit; he seemed to have a great deal of difficulty in learning to ride, he seemed to try very hard to learn to ride, but did not get along very well, and was several times thrown very badly. He was kicked in the riding hall one day and had to go to the hospital and stayed there some time, I saw him thrown twice at drill on the plain in one day, the last time he was thrown against a tree and seemed to be pretty badly hurt.'
The first injury, in which he suffered two fractured ribs, resulted in his being hospitalized for 15 days. On March 18th, he was again hospitalized until the end of the month with lumbago (lower back pain), no doubt the result from being kicked by this ill-tempered horse. The second injury occurred on April 4, 1904, when he suffered a sprained right wrist. He was again admitted to the hospital on April 5th and released back to duty the next day. He again reported to the camp hospital on April 13th for the same injury and released back to duty two days later.
Private Jackson Wright, another witness for the defense, testified that following being thrown from his horse, 'Sergeant Davis threatened to strike him, this was just after he came out of the hospital, and it was impossible for him to sit on the horse he had, as he was very rough, he fell off and Sergeant Davis told him to mount again and he replied: that it was impossible for him to do so, and he could take him to the guard-house first.' (probably not the smartest thing to talk back to your Sergeant, but when you're hurt and frustrated, I can't blame him.)
By April 17th, he had enough of the Cavalry and of learning to ride a horse. He made his plan and put it into effect. Private David White, testifying for the prosecution, explained that on the evening of the 17th, he saw David Nemetzky heading towards the canteen around 6:30 pm, dressed in a blue overcoat and forage cap. This was under the guise of requesting permission from the 1st Sergeant to speak to the troop commander. By the next morning, he was gone.
First Sergeant Edward Davis testified that he took an inventory of David Nemetzky's belongings on April 18th and found that his uniform, hand book, several rounds of .30 caliber ball ammunition, socks and other military items were left in his locker. The First Sergeant stated that he believed that he had deserted after looking in his locker and finding his military items still there, but finding that other personal apparel and items were missing. The First Sergeant testified that he was of good character and had never expressed any dissatisfaction or intention to desert.
Private Nemetzky stated his reason for leaving: 'I was unable to learn to ride,- that was the reason I left the troop. I tried to bear it as long as I could but every time I tried to get on a horse an accident occurred to me. I had had no other reason for leaving. I had no fault to find with anybody, every body treated me the best way possible...I tried my best as long as possible and couldn't get along nohow; the fact is, I never could do my duty.' He also stated that he asked about the possibility of being transferred from the Cavalry to the Infantry. 'I asked the 1st Sergeant, also I asked the clerk, and I asked several soldiers but all told me there was no chance of it. The Surgeon asked me if I would like to go to the infantry and I said I would like to go.'
One question I have always had when he left was: 'Where did he go?' He explained that he first went to Chattanooga, Tennessee (about 20 miles north of Camp Thomas, Georgia). When he arrived in Chattanooga, he was given civilian clothing by a merchant who was of the same nationality as David Nemetzky (he was from Poland, having immigrated to the U.S. as a young child). From Chattanooga, he traveled to Atlanta, Montgomery, Mobile and then to New Orleans. He stated that he tried to find work but was too weak to work (no doubt still injured). He surrendered to civil authorities in New Orleans on May 21, 1904, two days after arriving there.
Following his surrender, he was turned over to military authorities the next day and imprisoned at Jackson Barracks, Louisiana. When asked why he surrendered to civil authorities, he stated that he didn't know there was a military post around. He also explained that he did not intend to desert but was going to return. No doubt he needed a break and time to get away from the frustrations he was facing, but desertion is not the way to go.
He was imprisoned at Jackson Barracks from May 22, 1904 until June 17, 1904, when he was returned to Camp Thomas. His trip back to Camp Thomas was very eventful, and even resulted in a verbal commendation. Captain Anderson testified to the following event: 'The Sergeant [from Jackson Barracks in charge of the prisoner] who brought this man from Jackson Barracks to this post, had a man by the name of Campbell with him as guard. Campbell got drunk just before reaching Newman, Ga., created a great deal of disturbance in the car, threatened to shoot the Sergeant and to desert. The Sergeant turned him over to civil authorities at Newman, Ga., and he was confined. The Sergeant reported the Nemetzky had behaved himself in a very quiet and proper manner during this disorder, and in that way had assisted materially in disposing of this man Campbell; and desired especially to commend the accused for his good conduct during the time.' He arrived back at Camp Thomas, Georgia on June 18, 1904.
The closing statement of the defense reads in part: 'the extenuating circumstances are such as to cause the hope that the court will exercise leniency in this case, should the prisoner be found guilty of the crime of absence without leave (he pleaded not guilty to desertion but pleaded to AWOL).' The closing statement concludes with an explanation that Nemetzky was unfamiliar with the rules and regulations regarding transfers and requesting leave.
The general court martial was held on June 23, 1904. Following the testimony of the witnesses for the prosecution and the defense, and the testimony and statements of David Nemetzky, he was found guilty of desertion. His sentence was 'to be dishonorably discharged [from] the service of the Untied States, forfeiting all pay and allowances due him and to be confined at hard labor at such post as the receiving authority shall direct, for six months.' However, the court unanimously 'respectfully recommend that clemency be extended by the reviewing authority...This recommendation is made because the evident good character of Private Nemetzky while serving as a soldier at this post, and because it is believed by these members of the court, that this soldier was driven to desert on account of his inability to learn to ride a horse and the hardships resulting from this inability, and not from any desire to shirk his duty.'
On July 2, 1904, the reviewing authority agreed with the court's unanimous recommendation and granted clemency. The sentence was reduced to two months hard labor at Camp Thomas, Georgia and forfeiture of $10 per month for two months. On July 7, 1904, he requested transfer to the Coast Artillery Corps. His transfer was approved and the Order was issued in July 26, 1904. Following completion of his sentence and release from confinement, he was transferred to the 99th Company of the Coast Artillery Corps, stationed at Fort Morgan, Alabama. He arrived there on September 14, 1904.
As mentioned in my post from March, he was still suffering from complications from his injury following being kicked by a horse during drill, and these complications would continue to plague him. Shortly after his arrival at Fort Morgan in September of 1904, he was hospitalized until late April of 1905, when he was transferred to the Hospital at Washington Barracks, D.C., for observation and treatment. Following three months at Washington Barracks, D.C., he finally recovered and was able to resume (or begin) his duties as a soldier.
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