On the morning of August 31, 1861, Captain Thomas House made a 4 am inspection of the post where Scott and two other soldiers were stationed. It was Scott's turn at watch. House found them all asleep.
Scott was arrested and a general court-martial was appointed for the morning of September 3.
At the court-martial, Scott pleaded 'not guilty' to the charge. Scott questioned his accuser at least once about their conversation when he was awakened. But he admitted to Captain House that it was his turn at sentinel duty.
The court found Private Scott guilty and sentenced him to be shot to death on Monday, the 9th of September, 1861.

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