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Civil War Round Table of Arkansas

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    “THE TRIAL OF DAVID O. DODD”
    140th Anniversary Living History and Commemoration

    MacArthur Museum of Arkansas Military History
    Little Rock, Arkansas
    10:00 a.m., January 10, 2004

     
       In commemoration of the 140th anniversary of the arrest, trial, and execution of David O. Dodd, Arkansas’s “Boy Hero of the Confederacy,” the Central Arkansas Civil War Preservation Association, in cooperation with the MacArthur Museum of Arkansas Military History, present a living history program oriented on Dodd’s arrest, trial and conviction in the first week of January 1864.  In conjunction with this event, the MacArthur Museum will feature a special display focused on Dodd, including the return of the original Dodd stained glass window (on loan from the Museum of the Confederacy) for display in the MacArthur Museum.

    OBJECTIVES:
    1) To present an account, based on the historical record, of the circumstances surrounding Dodd’s arrest and conviction on the charge of being a spy;

    2) To present, in living history format, an accurate representation of military judicial procedures (trial by court martial or military commission) as they were conducted during the American Civil War;

    3) To celebrate the loan and return of the Dodd stained glass window; and

    4) To commemorate the 140th anniversary of Dodd’s sacrifice.

    THE MUSEUM EVENT:
    An agreement with the Museum of the Confederacy has been reached wherein the original Dodd stained glass window is being returned for display in the MacArthur Museum on a one-year, renewable loan.  It will be displayed in the Museum’s existing Civil War gallery, and the formal unveiling will be held on the morning of January 10, 2004.  Arrangements to display other Dodd memorabilia and artifacts are being negotiated with the Arkansas History Commission.

    THE LIVING HISTORY EVENT:
    Re-enactors/living historians will recreate Dodd’s trial by a Federal military commission, based from the original record of trial in the National Archives.  The trial transcripts are being converted to a script for use by the participants; we will arraign and try the character portraying Dodd, presenting testimony and physical evidence as it was done in 1864.)  The presentation will last approximately two hours.  (While Dodd’s trial was conducted in several short sessions over a week’s time, we will combine the sessions into a single sitting for the sake of brevity and presentation.)  Following the trial presentation, we will adjourn to Dodd’s graveside in Mt. Holly Cemetery for a short memorial service.  This will conclude the day’s events.

    Impressions for the living history are limited to Federal military and civilians (local citizens of Little Rock).  Authenticity guidelines (provided separately) will be enforced.  Reenactors with good Federal impressions are needed, as well as local civilians to portray Dodd’s defense attorneys and witnesses.

    Characters represented will be as follows:

    1. The Commission (a detail of 5 officers who serve as the jury. The senior officer of the panel, referred to as the President, serves as what we would recognize as the judge.)
    BG John M. Thayer
    COL John A. Garrett (40th Iowa Inf'y)
    MAJ Phineas Graves, 12th Michigan Inf'y
    MAJ H.D. Gibson, 33rd Iowa Inf'y
    CPT George Rockwell, 7th Missouri Cavalry

    2. The Judge Advocate, who serves as prosecutor and legal counsel for both the Commission and the defense, if the accused has no attorney or other representative.
    CPT Benjamin F. Rice, 3rd Minnesota Inf'y

    3. The Accused/Prisoner
    David O. Dodd

    4. Dodd's civil attorneys:
    William M. Fishback
    T.D.W. Yonley

    5. Personnel of the Court:
    2 armed sentries (to guard the prisoner)
    1 clerk (to record the trial proceedings)

    6. Witnesses for the Government
    PVT Daniel Goldberg (took Dodd's pass on his first leaving the lines)
    SGT Frederick Miehr (arrested Dodd the following day for not having a pass)
    1LT C.F. Stopral (Officer of the Guard, found the writing in Dodd's memo book)
    CPT George Hanna (Acting Regt. Commander, arrested and searched Dodd)
    CPT John Baird (escorted Dodd back to Little Rock & turned him over to the provost)
    CPT Robert C. Clowrey (in charge of the military telegraph at LR, translated Dodd's notebook)
    1LT George O. Sokalski (HQs  assistant adjutant, verified that the information in the notebook was correct, and sensitive.

    7. Witnesses for the Defense:
    Mr. James Fitzgerald  (testified as to Dodd’s being in LR on his father’s tobacco business)
    Mr. Gilson Bass (testified as one of Dodd’s co-workers while clerking in a LR store, and to Dodd’s good character)
    Mr. E.B. Blankenship (testified as to Dodd’s openly going about his affairs while in LR, confirmed he was working on behalf of his father’s tobacco business) 
    Mrs. Eliza McCracken (testified as to Dodd openly going about his business in LR)
    Mr. David Washington Dodd (Dodd’s uncle, testified as to why he was present on the Benton Road when arrested)

    CONTACTS:

    Contact Tom Ezell (501-961-1937, or TomEzell@aristotle.net) if you are interested in participating in the trial reenactment or other living history demonstrations.

    Contact Stephen McAteer (501-376-4602) for information concerning the Museum exhibits.

    References:

    •  Proceedings of a Military Commission Convened at Little Rock, Ark., File NN1429, Court Martial Case Files, 1809-1938.  Records of the Office of the Judge Advocate General, Record Group 153, National Archives, Washington, DC.
    •  William C. DeHart, Observations on Military Law and the Constitution and Practice of Courts-Martial, (1859).
    •  Anthony C. Rushing, Forever We Remember: A Tribute to David Owen Dodd, privately published, Benton, AR, (undated).
    Coming in February, 2005:  “Seizing the Arsenal:  The Secession Crisis of 1861”