Indicted for assault with intent to kill, the only clash between the military and civil authorities during General Wallace’s administration.

June 25th, 1865, the Baltimore papers said: “Lieut. Smith, Wm. Earle, Kraft, and Babcock, of Colonel Woolley’s office, were indicted for assault with intent to kill one Jacob Ruppert.”

General Wallace had always encouraged the civil authorities, so that the establishment of martial law might be as little burdensome as possible on the citizens. In this instance the fact of the military being yet in control was overlooked. This Ruppert kept a low saloon on “the Causeway,” one of the hardest spots in Baltimore. I had sent for him to report to me. He scorned the invitation; accordingly I went to his place. He blocked the doorway. I pulled him out, a scuffle ensued and he bled some, but came away with me. His (Ruppert’s) father had some political influence from being able to control votes on “the Causeway”; he asked for an indictment. A warrant was issued from Judge H. L. Bond (Judge Bond was a Union man).

Jake Dukehardt, a deputy sheriff, met me on Baltimore Street, and informed me he held the warrant for my arrest. I assured him it would be foolhardy to try to execute it, for one of us would certainly be injured. I recommended him to report to Judge Bond, and I assured him I would be responsible for the results.

Judge Bond called on General Wallace, and explained how impossible it was to withdraw the order. General Wallace advised the judge to use his own judgment, but telling him, at the same time: “If you take Smith, I will place Alexander’s Battery on the hill opposite the jail and blow it down.” This was the only clash between the military and civil authorities under General Wallace’s administration.