An Incident Most Unpleasant - New Year's Eve 1863 in Louisa

Throughout the Civil War, Louisa, the county seat of Lawrence County, Kentucky, remained a Union strong-hold and served as base of operations for the military in the Big Sandy Valley. In November of 1862, the town was designated as Headquarters of the District of Eastern Kentucky which comprised the counties of Lewis, Greenup, Carter, Boyd, Lawrence, Johnson, Magoffin, Floyd, and Pike. The military had taken possession of public buildings to house headquarters, provost marshal's office, commissary, hospital, guardhouse, stables &c. 

Louisa, ca. 1906

In 1860, Louisa was a small town with a population of 258. With the influx of the military, the town was also occupied by many civilians, mostly family members of the soldiers, which caused the population to increase to more than twice its normal number. In some instances, mostly officers, boarded with civilians. It was tight quarters in Louisa but over time the citizens had adjusted to the nearly constant presence of soldiers in their midst. The relationship between military and civil society remained in general peaceful but was not without challenges from time to time. 

On December 31, 1863, the following troops, under command of Col. George W. Gallup, 14th Kentucky Infantry, were stationed at Louisa:

- 14th Kentucky Infantry, Lieut. Col. Orlando Brown, Jr.

- 39th Kentucky Infantry, Lieut. Col. David A. Mims.

It was New Year's Eve and much to the delight of the troops, Major Cook, the paymaster, had made his appearance. A paycheck meant that the soldiers were able to provide for their families, settle their accounts and have some extra pocket change when needed. New recruits also received their bounty (one month's pay in advance, normally paid at muster) and premium due to them. With their pockets full of money, the men celebrated the New Year and, at least temporarily, forgot about the hardships they had endured as of late. The winter of 1863/1864 was especially harsh. The mercury had dropped to zero degrees and the Big Sandy was frozen solid. There were instances of merriment that went overboard and the men, "loved too well to look upon the wine when it is red, and giveth its color in the cup."  A few cases of drunkenness were recorded and the offending parties arrested and punished.

Some of the soldiers were mulling about town when 20 year old Mary Rebecca Layne encountered three of them on Main Cross Street, opposite from the courthouse. As the group was approaching her, she looked at one of them, who then smacked his lips and said "he would like to have a kiss or words to that affect." By 1860s standards, such forward behavior toward a woman in public was frowned upon as vulgar and insulting and certainly considered unbecoming of a soldier and a gentleman. 

Undoubtedly, Mary R. Layne was shocked by the gesture but continued on her way, undeterred, a short distance until she reached the post office. While passing the three soldiers, she quickly slipped inside. Upon entering, she noticed that the soldiers had stopped in front of the building. As luck would have it, an acquaintance, Charley Duncan, a private in the 14th Kentucky Infantry, happened to be in the post office. Mary called on him to ascertain the name of the soldier who had insulted her. Meanwhile, the three soldiers had entered the post office but left rather quickly when they noticed Mary R. Layne talking to Duncan and walked toward the (I.B.) Hutchinson & Carter store nearby. She later testified that, "Charley followed them and Charley told me afterward that the name of the soldier who had insulted me, was George Martin or that was the name of the man I had pointed out whose name I requested him to obtain."

Mary Rebecca Layne was the daughter of Floyd P. "Dock" Shannon and Elizabeth O'Rourk. Her husband was James Calvin (or better known as JC) Layne, son of Judge Lindsey Layne and Adeline "Edy" Meade. His father and brother Moses Layne famously cast the only two votes for Lincoln in Floyd County in the 1860 presidential elections. 

James Calvin Layne

At the time of the incident, Mary Rebecca and JC were still considered newly-weds. The couple was married on February 5, 1863, at Dock Shannon's house in Lawrence County, Kentucky. The ceremony was performed by I. B. Hutchinson, a minister of the Methodist Episcopal Church in Louisa. Incidentally, he was also part owner of the store Hutchinson & Carter in 1863. 

Mary R. Layne was not going to let the matter rest. On January 4, 1864, she went to see Provost Marshal Lieutenant Joseph D. Powers (Co. K, 39th Kentucky Infantry) at his office in Louisa and filed a formal complaint against Martin. An arrest most likely followed. 

Mary R. Layne's testimony

"Provost Marshal's Office

Louisa, Ky. Jan. 4 1864

This day Mary R. Layne personally appeared before me and made the following statement on oath in case of George Martin, charged with insulting the said Mary R. Layne on the street at Louisa Ky.

On Thursday evening last Dec 31st I was going down street and met three soldiers not far from the Post Office. I looked at one of them, and he smacked his lips and said he would like to have a kiss or words to that affect. I went on a few steps, and turned about and went in to the P. O. passing the said three soldiers as I went into the house, they stopped and I called to to Charley Duncan and the three soldiers came in. I told Charley Duncan to ascertain who the soldier was, that had insulted me. the soldiers left and went toward J. B. Hutchinsons store. Charley followed them and Charley told me afterward that the name of the soldier who had insulted me, was George Martin or that was the name of the man I had pointed out whose name I requested him to obtain. and I saw Charly talking to the same soldier who had insulted me, and whom I had pointed out to Charly.

Given under my hand the day above written

Mary R Layne 

I certify that the above Statement was made before me upon oath at Louisa Ky. on the day above written

J. D. Powers Lt.

& Prov Mar D E Ky"

George Martin was a private in Co. F, 39th Kentucky Infantry. He was one of the regiment's new recruits who had enlisted on August 8, 1863 and mustered in August 30, 1863. Before enlisting in the Union Army, Martin had seen previous military service in the Confederate Army.  He was mustered in as private in Captain Adam Martin's Company (later Co. F), Benjamin Caudill's 13th Kentucky Cavalry, on October 14, 1862. By April 30, 1863, George Martin was absent without leave and never came back. As it turned out, Martin also had a wife, Cynthia Caroline Frasure, and four children. The couple had been married since 1855. 

39th Kentucky Infantry (US)
Service Record

13th Kentucky Cavalry (CSA)
Service Record 

Charles "Charley" Duncan who came to Mary R. Layne's rescue was 20 years old and a native of Covington, Kentucky. An engineer in civilian life, he served as a private in Company E, 14th Kentucky Infantry.

14th Kentucky Infantry (US)
Service Record

The matter was referred to Department Commander Colonel George W. Gallup who ordered George Martin to be reprimanded and then returned to duty. 

Martin continued to serve with the 39th Kentucky Infantry but was absent without leave from October 1864 to January 19, 1865. He was finally mustered out with the regiment on September 15, 1865, at Louisville.

Researched, transcribed and written by Marlitta H. Perkins, November 2022. Copyright © 2022, All Rights Reserved.