Springfield Rifle Page #2

...from the time you left

until you reached Taos Wells?

No, sir.

After you opened the orders,

who saw them besides you?

Captain Tennick and Sergeant Snow.

After they learned which route,

were they ever out of your sight?

Here and there,

but then I was out of theirs.

Did you get a look at any of the raiders?

- We didn't put up a fight.

- Why not?

- Permission to see the colonel, sir.

- Captain Tennick.

I request a court-martial.

- Against whom and on what charges?

- Against Major Kearny.

Charges of willful disobedience

of orders...

...and misconduct

in the presence of the enemy.

Quite some charges from a man

I could arrest for insubordination.

Sir, the orders were, "Defend the herd

with force against enemy attack."

Major Kearny ordered us

to desert the herd.

I've known Lex Kearny for a long time.

I was his duty officer at West Point.

He couldn't commit such an act.

I'm sure his reasons for the retreat

were honorable.

I recommend you withdraw your request.

I respectfully decline

your recommendation, sir.

You're certain

you have sufficient grounds?

I'm certain, sir.

Request granted.

Thank you, sir.

Has he sufficient grounds, Lex?

Yes, sir.

He wants these gold leaves.

Charge:
Violation

of the 52nd Article of War.

"Neglect of duty and cowardice

in the face of the enemy.

Sacrificing war material, specifically

a vitally needed shipment of horses."

How does the accused plead

to the charge and specifications?

Not guilty by reason of circumstances.

This is his official service record.

"Major Alexander Kearny

was born in Virginia.

At West Point,

before the declaration of war...

...he openly sympathized

with his home state.

At the outbreak of the war, he submitted

his resignation from the Army...

...giving reason as reluctance

to fight against the South.

He later withdrew his submission.

Kearny led a troop

in three engagements this year.

He was removed from his command because

of indecision in the presence of the enemy.

Official comment: Untrustworthy.

To be transferred to duty at Fort Hedley."

Our orders were to defend the herd

and drive them to the railroad.

Kearny's action was in violation

of these orders.

In the face of a far-superior force,

it is my judgment...

...that it was better to sacrifice horses

and save the men.

Then we retreated, leaving the herd

unprotected, without even firing one shot.

Did you hear Major Kearny tell

Captain Tennick he wouldn't fight?

The major said we were outnumbered

4-1, ordered us to the rear.

- That's all, thank you.

- Can I say something?

Certainly, sergeant.

I served with Major Kearny.

He was a lieutenant then,

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