David was charged with desertion (AWOL) from Camp Curtin October 2, 1861; Returned January 4, 1862 (according to Muster Roll). A Court Martial was held September 1, 1863, and he was acquitted. He was re-mustered in as a Veteran Volunteer on January 1, 1864 at Mitchell's Station, Virginia. He was killed in action by gunshot on May 10, 1864 near Spotsylvania, Virginia in a battle that was part of Grant's War of Attrition, which included the Battle of The Wilderness, Spotsylvania, and Cold Harbor. The Battle of Spotsylvania Courthouse lasted almost two weeks (May 7-21). There were "smaller" battles within that time frame that were given separate names, including "Laurel Hill" on May 10, 1864. According to author Bates, David was the only soldier from Co E that was killed that day at Laurel Hill.
David left behind a wife and two children, Nicholas E. born 1858 and Sara Ann (Sallie) born February 1862. His wife did collect his pension of $8 per month and each child $2 per month. It was noted that a widow (because she was a female) could not be paid directly, but a guardian was named.
David had five brothers, all of whom supposedly served in the Civil War. Brother Alexander died in Emery hospital in Washington D. C. on December 7, 1864 of typhoid fever after being wounded on May 8, 1864. He was buried in Arlington National Cemetery. He served in Company C, 11th Pennsylvania Volunteers.
Brothers, James and Jacob come home after they mustered out to Westmoreland County and both raised families there. Prior to mustering out, Jacob served in Company E, Dale's Cavalry Regiment Pennsylvania, and Company E, 40th Infantry Regiment Pennsylvania. James served in Company E, 211th Pennsylvania Volunteers.
Source Bates, Samuel Penniman, History of Pennsylvania Volunteers, 1861-5.