Naval Court of Inquiry into Act. Asst. Surgeon M. H. Morris

When Farragut arrived at Ship Island to assume his new command, he found the wardroom of the Kittatinny in a state of disarray with officers at each other's throats. A Court of Inquiry was ordered to investigate her commanding officer's, Acting Volunteer Lieutenant George E. Welch, complaints against one of his officers.

Welch resigned from command of the Kittatinny the day after the final report landed on a highly-embarrassed Farragut's desk. Acting Master's Mates O'Grady and Garrison also tendered their resignations. Welch was ordered on his arrival at New York to report in letter to SECNAV Welles, which he did whist still arguing his views of the situation were correct. Welch was reassigned to command of the bark USS Amanda per the 1863 Navy Register, and later commanded the USS Potomska. He was honorably discharged from the Navy 13 September 1865.

Acting Assistant Surgeon Morris Henry Henry (yes Henry was both his middle and surname) was reassigned by Farragut to the Colorado and remained in the squadron until he resigned due to ill health effective 8 July 1863. After the conclusion of the war, Henry became a noted specialist in skin and venereal diseases.

Proceedings of a Court of Inquiry convened on board the US Steam Sloop of War Pensacola, on the 19th day of March, 1862, pursuant to the order herewith annexed, marked A.

US Steam Sloop of War Pensacola
Harbor of Ship Island
Ten o'clock AM, March 19th, 1862

The Court met pursuant to the above mentioned order. Present:

Captain Henry W. Morris, Presiding Officer
Lieutenant Commanding C. H. B. Caldwell
and Lieutenant Commanding Abner Read, members
and A. Vauderheurel, Captain's Clerk, Judge Advocate.

Acting Assistant Surgeon Morris W. Henry, the accused, also present.

The Judge Advocate having read the order convening the Court, asked the accused, Acting Assistant Surgeon Morris H. Henry, if he had any objections to any member named therein, to which he replied no sir.

The Court was then duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the Presiding Officer of the Court, in the presence of the accused.

The Court was then cleared for deliberation.

On the reassembling of the Court a communication was received from the commander in chief, relieving Lieutenant Commanding Abner Read from attending the Court as a member and appointing Lieutenant Robert Boyd a member of the Court. (marked B).

Lieutenant Robert Boyd was then duly sworn by the Judge Advocate in the presence of the Court and the Accused.

Acting Volunteer Lieutenant George E. Welch was then called and duly sworn and testified as followed.

Question by Judge Advocate: What is your rank and position in the Navy of the United States?

Answer: An Acting Volunteer Lieutenant in the Navy, in command of the US Schooner Kittatinny.

Question by the Court: What have you to specify in relation to the conduct of Acting Assistant Surgeon Morris H. Henry, whose conduct is alleged by you to be insubordinate and mutinous?

Answer:
First Complaint -
At Key West on, or about, the 2d of January 1862, the accused did, in presence of Mr. Welsh, Acting British Consul and Agent for the Underwriters of Lloyds and also of Mr. Cash, a resident of Key West, whom I had invited to dinner, use indecent language by reciting an indecent piece of poetry, much to their disgust.

Second Complaint -
That between the 1st and 9th of January 1862, there arose a dispute between Acting Assistant Surgeon Henry and the other ward-room officers, in relation to the mess bill, to the effect that the said Henry whist acting as caterer did not furnish vouchers for the expenditures of mess funds. The said Henry in my hearing, telling them the 'he would see them damned first'. On the 9th of January, after tea, I heard loud talking in the ward-room, I came aft and heard the said Henry say to Acting Master Mattison 'that he was used to cutting and he would cut him.' A day or two subsequent, he called Mattison in conversation to me (he, Mattison not being present) a 'son of a bitch.' He also was insulting to him in both speech and manner, at the mess-table in my presence, at various times, such as calling him once 'a damned old turnip seller' and other expressions of a similar character, which I do not now recollect.

Third Complaint -
At Key West, on, or about the 2d of January 1862, he drew a quantity (about one gallon) of whiskey from the store keeper at Key West, also one or more boxes, containing whites, ale and brandy from the Colorado on requisition, which he used to corrupt the officers and crew, by giving it to them to drink when they were not on the sick list. On the night of the 22d of February, at Galveston, I being on board the Santee on a visit, I received a note from Master's Mate O'Grady, of my vessel, requiring my presence on board. I went on board and found a number of the ward room officers (with the exception of Mr. Mattison and Paymaster Topliff) drinking and carousing - Acting Assistant Henry being one of them, which was in violation of my order to him, "to restrict himself to his state-room and not to hold intercourse with the other officers," he, the said Henry being at the time under arrest by me for insubordinate conduct.

Fourth Complaint -
On or about the 25th of January, 1862, I captured off Raccoon Point, East Side of Atchafalaya Bay, a pilot from the shore. I ordered that the officers and crew should hold no communication with him. It was reported to me, by different officers, that the Acting Surgeon was in the habit of violating that order. On one occasion, when I was in chase of a Rebel vessel, I was in conversation with the Pilot, when the Doctor came aft and commenced conversing with the Pilot in French.

Fifth Complaint -
That the said Henry was in the habit of showing disrespect to me, by making faces at me when seated at meals at the mess table. Also by singing when I had occasion to pass through the ward room. Also by a derisive manner in bowing and scraping when coming on deck to take exercise, calculated to make me appear ridiculous.

Sixth Complaint -
On or about the 16th of March 1862, in this harbor, whist I was alongside of the Colorado, with my vessel, employed in taking out the guns, I received a note from the said Henry requesting to "see Surgeon Horner on professional matters." I also received from Henry another note "requesting medical advice" I replied to this note that the request was granted, he must receive it on board the Kittatinny and that all conversation except in relation to such medical advice was prohibited. I shortly afterwards, on my return on board, heard very loud talking from the ward room and on my going towards the ward room found that it proceeded from the doctor. I went down and requested him to make less noise. He replied "he would be damned if he would be treated in this way, and that he would make as much noise as he liked." I shut the door of his room, where he was, and also closed the window in his room. I then went on deck, the noise in his room continued and he broke open the casing of his window. I then went down again and told him that if he did not cease his noise, that I would put him in irons. He replied "that I hared not put him in irons." I called the master at arms and did put him in double irons. After he had been in irons between two and three hours, upon the representation of Acting Master Mattison "that the Doctor promised that he would keep quiet if released" I did release him from irons, where he had been kept between two and three hours. The next morning I heard the Doctor say to Acting Master Stoddart, the Executive Officer, who was then also under arrest "that he was too damned bashful in this matter" which I interpreted into a reference of their respective arrests.

Seventh Complaint -
That he also endeavored to induce my servant boy Joseph to make representations to him, to the effect I had ill used him in my room by striking him.

The Court took a recess for half an hour. On the expiration of which time it re-assembled and continued the examination.

Question by Court: Was the rhyme repeated by the accused original or a quotation, and do you remember its tenor?

Answer: I should judge it was original by its obscenity.

Question by the Court: Did you use your authority and endeavor to stop the noisy arguments and disturbances in the ward room, referred to in the second complaint?

Answer: Yes sir, I immediately went below and told the Doctor that conversation must cease or I would arrest him.

Question by the Court: Did you reprimand the accused for using such abusive epithets, such as "son of a bitch," in speaking of Mr. Mattison in your presence, explaining their impropriety and directing him not to repeat it?

Answer: Yes sir, I did.

Question by the Court: Have you a copy of the "regulations for the better government of the Navy," and if yea, how often have you publicly read them?

Answer: I have not had them until within the last two months, when they were furnished me by Flag Officer McKean. I have had them read publicly to the officers and crew, four or five times.

Question by the Court: What officers did the accused attempt to corrupt with hospital liquor, please state to the Court their names and rank?

Answer: Acting Master Stoddard, Executive Officer, and Acting Master Pendleton, a stated in the third complaint, in the carousal held in the ward room on the night of the 22d of February. It has also been reported to me by Paymaster Topliff, wardroom steward George Hutchinson and I believe Master's Mate O'Grady and my servant boy Joseph.

Question by the Court: For what particular cause was the accused placed in confinement to his room, and restricted from intercourse with his messmates, and how long did it continue?

Answer: The cause was, it was reported to me by the Surgeon's Steward, the wardroom steward, my boy Joseph, Master's Mate O'Grady; by the Executive Officer Mr. Stoddard, Master's Mate Garrison and Mr. Clark, the paymaster's steward, that he was making mischief by inciting the officers and crew to insubordination, by using such expressions as the following in relation to me "the I was a damned old fool and that I was a damned old wretch." The time under which he was under confinement was from the 21st of February to the 19th of March. The cause of his not being earlier released from confinement was on account of his insubordinate conduct to me, as detailed in my complaint.

Question by the Court: In what form and manner did you cause him to be confined.

Answer: In the first place he was arrested with the privilege of the use of the ship, then for his continued insubordination I directed him to be confined to his state-room and to hold no intercourse with any body in the ship. Lastly, I confined him in double irons for the causes stated in my testimony.

Question by the Court: Had you any particular reason for not allowing the officers to hold communication with the rebel pilot, if so, state it.

Answer: Yes sir. I was concocting a schooner with the two masters of the De Soto, who were then in command of the luggers, to capture Captain Sheppherd of the Privateer Mobile, who was expected to be at Raccoon Point with provisions for this Pilot, and I did not wish that the information on this head which I derived from the Pilot, should be communicated by him to any of the officers or crew. I have not restricted any intercourse between the officers and the pilot after leaving Raccoon Point.

Question by the Court: Did you inform the accused that you considered his habitual conduct in the wardroom as insulting to you, and order him to desist, as stated in complaint 5?

Answer: No sir, I did not.

Question by the Court: Was the arrest of the other officers of the Kittatinny, made in connection with the difficulties growing out of the alleged misconduct of the accused?

Answer: On one occasion only. Which was on the 22d of February, in the case of Mr. Stoddard, when, as I have stated in my testimony, I suspended him for intoxication, the liquor having been furnished by the accused.

Cross examined by the accused.

Question by the Accused: Who were present besides Mr. Welch and Mr. Cash at the dinner table, on the 1st or 2nd of January at Key West?

Answer: Myself and Doctor Henry.

Question by the Accused: Did these gentlemen express their disgust at this poetry and on what occasion?

Answer: Yes sir they did, on the same day, they said to me that they considered him a blackguard.

Question by the Accused: Did you ever hear Mr. Cash make use of smutty language and relate filthy tales?

Answer: I have heard Mr. Cash in one instance only make use of smutty language. I have not heard him relate smutty tales.

Question by the Accused: Have you ever heard Mr. Cash tell anecdotes boarding on obscenity?

Answer: I have no recollection of any.

Question by the Accused: Were you much in Mr. Cash's society during your stay at Key West?

Answer: Not much in his society. I met him occasionally at the hotel.

Question by the Accused: Did you ever say in the presence of anyone "Mr Cash told the best smutty story of any person you ever heard?"

Answer: I might have said so, but I have no recollection of it.

Question by the Accused: Have you what is generally termed a good memory?

Answer: To my own belief I have.

Question by the Accused: Have you ever related obscene anecdotes before your officers in the ward room?

Answer: Not to my recollection.

Question by the Accused: Did you ever relate an obscene anecdote of a certain Mr. Pharm of Rio de Janeiro, in the narration of which vulgar and obscene terms were used by you?

Answer: I did relate an obscene anecdote, but I deny using obscene terms in the narration of it.

Question by the Accused: Did you ever check the accused for his language on that particular occasion and where.

Answer: Yes sir, in my gig in going on shore the next day, there as no one present but you and myself and the boat's crew.

Question by the Accused: Do you of your own knowledge state that the accused refused to furnish vouchers for the expenditures of the mess?

Answer: I do know it of my own knowledge.

Question by the Accused: Was the witness not aware that the bills of expenditures for the mess were produced at the time the money was paid in by the members of the mess, which was many days previous to any difficulties regarding the expenditures of the mess and vouchers?

Answer: No sir, I was not aware of any such thing.

Question by the Accused: Whether the liquors which I obtained at Key West and from the Colorado, on requisition, were signed by you?

Answer: The liquors obtained from the Colorado on requisition, I signed in blank on the suggestion of Fleet Surgeon Horner. With the regard to the requisition for one gallon of whiskey at Key West, I believe I did sign the requisition.

At 3:50 PM, the Court adjourned to meet on Thursday, the 20th instant at 10 o'clock in the forenoon.

US Steam Sloop Pensacola
Harbor of Ship Island
10:15 AM, March 20th, 1862

The Court met pursuant to adjournment, all the members, the judge advocate and the accused being present.

The proceedings of yesterday were read and approved.

Acting Master William B. Stoddard was then called, duly sworn and testified as follows:

The Court was then cleared for deliberation and on its re-opening, the examination of Mr. Stoddard was commenced.

Question by the Judge Advocate: What is your name, rank and position in the Navy of the United States?

Answer: William B. Stoddard, an Acting Master and Executive Officer of the US Schooner Kittatinny.

Question by the Judge Advocate: What do you know in relation to the complaints made by Captain Welch against Acting Assistant Surgeon Morris H. Henry?

Answer: In the matter of the Second complaint, there was a dispute, at, or near the time mentioned, between Assistant Surgeon Henry and Acting Master Mattison; caused by the latter calling upon the former for vouchers for the expenditures of the mess funds, which the Doctor declined to do, as he had already furnished them on two previous occasions. No other ward room officer then present taking any part in it. I do not recollect hearing him say that he "would see them damned first." I do not recollect being present in the ward room on the evening of the 9th of January, although I presume I was. Do not recollect hearing the doctor say that he would cut Mr. Mattison then, or at any time. I have never noticed at the mess table that he was insulting to him in speech or manner, Never heard him call him a "damned old turnip seller" or use any similar expression. There were continuous squabbles between them at table to which I paid little or no attention.

In the matter of the third complaint, I know nothing about his drawing a gallon of whiskey on requisition at Key West. I know that he did draw medical stores, on requisition, from the Colorado, consisting of wine and ale. I never to my knowledge knew of his giving any of these medical stores to the officers and crew when they were not on the sick list. On the night or evening of the 22d of February, off Galveston, there was no carousing or drinking whatever in the wardroom to my knowledge.

In the matter of the fourth complaint, about the pilot who was captured off Raccoon Point, I was directed by the Captain to take him down into the steerage and say to him that he as to hold no communication with the officers and crew. I received no order that I was not to hold any communication with the pilot nor was I directed by him to pass such an order any other of the officers, neither have I heard that any of the officers did received such an order.

In the matter of the 5th complaint, I never saw any disrespect shown by the Doctor to the Captain by making faces at him when seated at the mess table, or at any other time, or by singing when the Captain had occasion to pass through the ward room, or by a derisive manner on deck by bowing and scraping, calculated to make the captain appear ridiculous.

In the matter of the sixth complaint, I heard, but do not know, that Doctor Henry requested medical advice. I did not hear that the conversation was to be restricted to that of medical advice. I heard Doctor Henry talking in an excited tone, saying that he must have medical advice, and that he would not be treated so any longer. The Captain came down into the wardroom and said to the doctor "if you do not make less noise, I will put you in irons" I did not hear the Doctor make any reply, and the Captain went on deck. I heard the noise in the Doctor's room continue, but do not know what occasioned it, or that he broke open the casing of his window. The Captain then came down into the wardroom a second time and said to the Doctor, if he did not cease his noise, he would put him in irons, to which the Doctor replied you cannot put me in irons, I am an officer as well as yourself. The Captain then called for the master-at-arms and put the the doctor in double irons. The Doctor was kept in double irons in his own room for about two hours. Mr. Mattison then came to the Doctor, and said, that if he would promise to make no more noise, the Captain would release him, to which the Doctor replied that he would not make any promise to any man on Earth. The irons were then taken off by Mr. Mattison's order. The Doctor did not say to me the next morning that I was too damned bashful in this matter.

In the matter of the seventh complaint, I know nothing about it.

Cross examined by the Accused:

Question by the Accused: Is your Commander in the habit of using the most profane and disgusting language to his officers and crew?

Answer: Yes sir, he is. As an instance of it, I will relate what occurred to myself. On the morning of the 12th of March, 1862, whist lying in this harbor, I came on deck and the Captain addressed himself to me, and asked me about a quantity of sand on board. He appeared to be very much excited and told me that there was a conspiracy formed against him and that I was at the head of it. He then went on cursing and swearing at me, he finished by saying "God damn you, I challenge you to go on shore and fight me, and you may choose any weapons you damn please. Mr. CLark the Paymaster's Clerk was present and heard this, and he then suspended me from duty and I have been suspended ever since.

Question by the Accused: Has not the conduct of the accused been correct and gentlemainly since he has been on board the Kittatinny?

Answer: Yes sir, as far as I am aware of.

Question by the Accused: Witness shown the order or arrest. Do you recognize that as the order which you served on the accused on the morning of the 21st of February and on which he was placed in confinement?

(a copy of the order here referred to, is herewith-to annexed marked C)

Answer: Yes sir, I do recognize the order.

Question by the Accused: Was not the accused at his quarters on the morning of the 21st of February, and was not the order just referred to, delivered to him while he was at his station?

Answer: Yes sir, and I had reported to Captain Welch that he was at his quarters when he gave me the written order for his arrest.

Question by the Court: Did the accused ever attempt to corrupt any officer or man on board with liquor?

Answer: No sir, not to my knowledge.

Question by the Court: Did you report to the Commander of the Kittatinny, that the accused was in the habit of making mischief by calling him reproachful names and exciting the crew to insubordination?

Answer: No sir, not to my knowledge.

Acting Master's Mate J. O'Grady was then called, duly sworn and testified as follows:

Question by the Judge Advocate: What is your name and rank in the Navy of the United States?

Answer: J. O'Grady, Acting Master's Mate and attached to the US Schooner Kittatinny.

Question by Judge Advocate: Do you know whether the accused has attempted to corrupt the officers and crew of the Kittatinny by giving them wines and liquors, belonging to the medical stores, to drink when they were not on the sick list?

Answer: I do not know of any such attempt.

Question by Judge Advocate: Did you send a note to the Captain on the night of the 22d of February, requiring his presence on board?

Answer: I did sir

Question by Judge Advocate: What was the occasion of your sending that note.

Answer: The Captain had given an order that Doctor Henry was not permitted to hold any intercourse with any of the officers and men while under arrest. On the evening of the 22d of February, just after the Captain had left to go to the Santee, all the officers of the ward room went down and gave three cheers for Washington's Birthday, and then got out bottles and commenced drinking. They were loud and noisy in their conduct, which was part of my reason for writing the note, and also that the Executive Officer, Mr. Stoddard had come on deck before I sent it, in a state of partial intoxication. After sending the note, the Captain returned on board. I stated the circumstances to him, by which time the party had broken up. I considered it a carousing party.

Question by the Court: Was the carousal on board the Kittatinny on the evening of the 22d of February in the wardroom? When the Captain arrived on board?

Answer: No sir, it had been broken up.

Question by the Court: Did you report to the Commander of the Kittatinny that the accused was in the habit of making mischief by calling him reproachful names and exciting the crew to insubordination?

Answer: No sir.

Cross examined by the Accused.

Question by the Accused: Has not your commander repeatedly promised you that he would use all his influence to get you an appointment as Acting Master in the Navy?

Answer: Yes sir, he has. On the second day after my joining the vessel, in consequence of the recommendation of Lieutenant William Renshaw of the Ordnance Department, he made me a promise, that if my conduct merited it, he would endeavor to have me appointed a master. He has on several other occasions repeated that promise.

Question by the Accused: Did your commander ever strike you a violent blow with his spy glass, on the quarter deck, and has he not made you promise that he would use his influence to get you your appointment since that time.

Answer: Yes sir, he struck me a blow with his spy glass, which I think was done accidentally. He apologized for it at the time.

Question by the Court: Who did you say advised you to send for the Commander of the Kittatinny on the night of the 22d of February? State their names and rank.

Answer: George W. Garrison, Acting Master's Mate, George W. Riley, Acting Master's Mate, D. D. Clark, Paymaster's Steward.

Question by the Judge Advocate: What do you know in the matter of the fourth complaint?

Answer: I know a pilot was captured off Raccoon Point and brought on board by me. I heard the Captain on the quarter deck order that he did not wish any person to hold any communication with him except myself. THe officers present were Mr. Stoddard, Mr. Pendleton and Mr. Mattison, and others whom I do not recollect. I do not know, and did not report to the Captain that the Acting Surgeon was in the habit of violating that order.

In the matter of the fifth complaint, I never noticed any derisive manner in the accused, towards the Captain, in bowing and scraping on deck, calculated to make him appear ridiculous.

In relation to the sixth complaint, I know nothing beyond hearing the Captain call the Master-at-Arms to bring irons. I did not see the Doctor in irons.

In the matter of the seventh complaint, I know nothing.

Acting Master William B. Stoddard was recalled and re-examined by the Court.

Question by the Court: Did the accused ever attempt to corrupt you with liquor.

Answer: No sir.

The court then took a recess for fifteen minutes. On the reassembling of the Court, Acting Master S. Mattison was called, duly sworn and testified as follows:

Question by Judge Advocate: What is your name and rank in the Navy of the United States?

Answer: S. Mattison, Acting Master in the Navy and attached to the US Schooner Kittatinny.

Question by Judge Advocate: What do you know in relation to the complaints made against Acting Assistant Surgeon Morris H. Henry, by Captain Welch?

Answer: In the matter in the second complaint, I requested him to furnish vouchers as caterer, for the expenditure of the mess funds. I did this, on the suggestion of the Paymaster Mr. Topliff. He refused to do so, I did not hear him say "he would see me damned first." This occurred about the 9th of January. I did hear another expression used by the accused on this occasion. "that he was used to cutting up beef and could cut up men." He was not insulting to me in speech or manner, after the dispute on the 9th of January, about the mess vouchers. He never applied to me the term of "a damned old turnip seller" or any other expressions of a similar character.

In the matter of the third complaint, I know nothing of his having used whiskey or other liquors belonging to the Medical Stores for the purpose of corrupting the officers and crew, by giving it to them when they were not on the sick list. I know nothing of a carousal taking place on the 22d of February. A little after one o'clock in the afternoon, Assistant Surgeon Henry, Acting Paymaster Topliff, Acting Masters Pendleton and Stoddard were down in the ward room when they partook of some wine and whiskey. I was invited and did take one glass of wine only. There was no loud noise made by them on that occasion. There was no other drinking party that I knew of on the evening of that day - if there had been I think I should have known of it.

In the matter of the fourth complaint, off Raccoon Point a pilot was brought on board. The Captain ordered the officers should hold no communication with him except Mr. O'Grady. The officers present at that time, when the order was given, were Mr. Stoddard, Mr. Pendleton and myself. I do not know that the Doctor was present and heard it.

In the matter of the fifth complaint, I know nothing.

In the matter of the sixth complaint, I was forward attending to taking guns out of the Colorado. I did not see or hear anything which took place in relation the matter, except that I heard the Captain call to the Master-at-Arms to bring irons. I then went aft to see what was the matter, and I found that the Captain was having the Doctor put in irons. He was in irons, I think, about four hours. The Doctor requested me, before he was let out of irons, to say to the Captain that he felt sick and wanted a doctor. The Captain said he would get one, he had his boat manned and left the ship, as I supposed for that purpose. He returned at the end of half an hour without a doctor. Shortly after his return on board, he directed me to go down to the Doctor and say to him that he would promise to keep quiet he would release him from irons. After a little hesitation, the Doctor promised the he would, and I then had his irons taken off. This is all I know of the sixth complaint.

Of the seventh complaint, I know nothing.

Question by the Court: Was Mr. Stoddard under the influence of liquor on the afternoon of the 22d of February?

Answer: He was a little under the influence of liquor but not drunk.

Question by the Court: Was there three cheers given in the ward-room on the 22d of February?

Answer: I heard no cheers.

Question by the Court: Who had charge of the deck on the 22d of February from 6 to 8 PM?

Answer: Mr. O'Grady

Cross examined by the Accused:

Question by the Accused: Is not your Commander in the habit of using the most profane and disgusting language to his officers and crew?

Answer: He use bad language very frequently.

Question by Accused: Has not the conduct of the acting surgeon been gentlemanly and courteous since he has been attached to the Kittatinny?

Answer: Yes sir, with the exception of the dispute about the mess bill.

Question by the Court: In what did that exception consist?

Answer: The exception consists on that occasion of his having called me a "dammned Yankee son of a bitch"

Cross examined by the Accused

Question by the Accused: Did not the witness call or insinuate on that occasion that the accused was a "thief and a liar?" and was not the accused very much excited at the time?

Answer: I did not call or insinuate that he was a thief and a liar at that or any other time. He appeared to be excited at the time he applied that epithet to me.

Question by Accused: Did not the accused come to your room a few evenings after and try to explain or apologize for it? and did you not say that you would have nothing more to do with it?

Answer: I have no recollection of it.

Acting Master William B. Stoddard recalled and cross-examined by the accused.

Question by the Accused: Did you not hear on more than one occasion Mr. Mattison insinuate or call the accused a thief and a liar?

Answer: I heard Mr. Mattison on more than one occasion insinuate that the Doctor was dishonest in the purchase of the mess stores.

Question by Accused: Did not the accused apologize to the members of the mess for the epithet he applied to Mr. Mattison on the occasion? and was he not very excited at the time?

Answer: He addressed myself and Mr. Topliff and said "the remark which I made to Mr. Mattison was only intended for him and not for you or Mr. Topliff." This I considered an apology. The accused was very much excited at the time.

Question by the Accused: Did not Mr. Mattison tell the witness a shore time afterward that the matter was all settled? and would be all right?

Answer: Yes sir, he did.

Acting Paymaster James C. Topliff was called, duly sworn and testified as follows:

Question by Judge Advocate: What is your name, rank and position in the Navy of the United States?

Answer: James C. Topliff, Acting Assistant Paymaster and attached to the US Schooner Kittatinny.

Question by Judge Advocate: What do you know in relation to the complaints made by Captain Welch against Acting Assistant Surgeon Morris H. Henry?

Answer: In relation to the second complaint. There was a dispute about the accused not furnishing the vouchers for the expenditures of the mess funds. I heard him offer to furnish them to any person whom the mess might appoint. I did not hear him say on that occasion "that he would see them damned first" I did not hear him say on the 9th of January to Mr. Mattison that he was used to cutting and would cut him. I do not consider that he was insulting in his speech and manner to Mr. Mattison at the mess table, and never heard him call him a "damed old turnip seller" or use any other expressions of a similar character to him.

In the matter of the third complaint, I know nothing of his using Medical Stores for the purpose of corrupting the officers and men, by giving it to them to drink when they were not on the sick list. On the 22d of February, I invited the officers to come to the table and drink some claret wine furnished by me. Mr. Stoddard, I believe, also brought out a bottle of whiskey. The mess generally partook. There was no boisterous conduct, no cheering, no carousing there, nor at any other time during that day and evening.

In the matter of the fourth complaint, I heard no order prohibiting communication between the officers and crew and the pilot captures off Raccoon Point.

In the matter of the fifth complaint, the accused sent a note to the Captain requesting medical advice. The next thing that I know is that the Captain came into the wardroom, went to the accused's door and talked to him in an excited tone and manner, but I do not recollect what he said at that time. The accused replied to the Captain that he had rights and that he wished to be treated as an officer. The Captain then left the ward room and went on deck. The captain had ordered the door and window of the accused's room closed, which excluded the air. The accused partially opened the window for the purpose of getting air. the accused at the time, to my knowledge, was not making any noise. I was standing on the poop. I saw the captain go down into the ward room a second time. I did not hear any conversation which passed between them. The next thing I knew was that the captain called for the master-at-arms and then threatened to gag the accused, he also called for his revolver. The captain was talking in a loud and excited tone, but I did not understand what he said, he then had the accused put in double irons. He was kept in double irons, I believe, four or five hours. I do not know any of the circumstances attending his release.

In the matter of the seventh complaint, I know nothing.

Question by the Court: Did you report to the Commander of the Kittatinny that the accused attempted to corrupt any officer or man with liquor?

Answer: I never did so report to him.

Cross examined by the accused.

Question by Accused: Have you any reason as a member of the ward room mess to be dissatisfied with conduct and general deportment of the accused?

Answer: No sir.

Question by Accused: Is not the Commander in the habit of using the most profane and disgusting language to the officers and crew?

Answer: Yes sir.

Question by Accused: Did you ever see the Captain strike Mr. O'Grady a violent blow with his spy glass on the quarter deck and use violent language to him at the same time?

Answer: Yes sir, I did.

Question by Court: Did you consider the blow given intentionally or accidentally, and did you hear the Captain apologizes to Mr. O'Grady for it?

Answer: I should judge from what I saw that it was intentional, as he was very much excited at the time. I did not hear him apologize for it.

The Court at 4:30 PM, adjourned to meet tomorrow, the 21st instant at ten o'clock in the forenoon.

US Steam Sloop of War Pensacola
Harbor of Ship Island
10:30 AM, March 21st, 1862

The Court met pursuant to adjournment. All the members, the Judge Advocate and the accused being present.

The proceedings of yesterday were then read and approved.

Acting Master William B. Stoddard was called and re-examined by the Court.

Question by the Court: Did the difficulty alleged out of any insinuating remark on the part of Mr. Mattison, that the accused was dishonest in his mess transactions?

Answer: Yes sir, I did.

Acting Master E. E. Pendleton was then called, duly sworn and testified as follows.

Question by Judge Advocate: State your name, rank and position in the Navy of the United States.

Answer. E. E. Pendleton, Acting Master, attached to the US Schooner Kittatinny.

Question by Judge Advocate: What do you know in relation to the complaints made by Captain Welch against Acting Assistant Surgeon Morris H. Henry?

Answer: In the matter of the second complaint, I know nothing.

In the matter of the third complaint, there was no carousal on the 22d of February. At about one o'clock in the afternoon, most of the wardroom officers partook of a glass of wine or whiskey at the wardroom table. I do not recollect hearing any cheering or singing then, or at any other part of the day. There was no unusual noise made. I never knew the Surgeon to use any Medical stores for the purpose of corrupting the officers and crew by giving it to them to drink when they were not on the sick list. I had heard, but do not know thant an order had been given to the Acting Assistant Surgeon to restrict himself to his room, and to hold no intercourse with the officers. He was under arrest at this time.

In the matter of the fourth complaint, a person who was said to be a pilot, was brought on board at Raccoon Point. I heard the Captain say to Mr. O'Grady that he did not wish that the officers and crew, with the exception of himself (Mr. O'Grady) should hold any intercourse with him as he wish Mr. O'Grady to extract from the pilot all the information he could obtain. I did not understand that this order was given to the other officers generally, although some of them were standing near and might have heard it.

In the matter of the fifth complaint, I know nothing.

In the matter of the sixth complaint, I heard Assistant Surgeon Henry say that he had requested medical advice from the Captain but could not obtain it. I heard the Doctor complaining in a somewhat loud tone of voice, although not very loud, that he had asked for medical advice and could not obtain it. The captain went down into the wardroom. The next thing I heard was the Captain calling for the master-at-arms and I think two men. I did not hear him tell the master-at-arms to bring irons. The next thing I knew about it was that the Doctor was in double irons, where he was kept about three hours. I do not know know of the circumstances attending his release. This is all I know in relation to the sixth complaint.

Of the seventh complaint, I know nothing.

Question by the Court: Did the accused ever attempt to corrupt you with hospital liquor?

Answer: No sir.

Cross examined by the accused.

Question by the Accused: Did you ever see the Captain strike Mr O'Grady a violent blow with his spy glass on the quarter deck and have you not reason to believe it was done intentionally?

Answer: I did see him strike him, I believe the blow to have been intentional. I did not hear the Captain apologize to Mr. O'Grady for it. Some fifteen or twenty days after the occurrence Mr. O'Grady said to me in conversation that he should never over look it or words to that effect.

Question by the Accused: Have you not heard Mr. Mattison insinuate that the accused was dishonest in the purchase of mess stores and guilty of payment of mess stores?

Answer: I have.

Question by the accused: Did you hear the accused apologize to Mr. Mattison for having used bad language to him?

Answer: I know that the accused went to Mr. Mattison's room and held conversation with him, in which the words apology was frequently used, but I do not know in what connexion the word was used. My interpretation in that the difficulty was made up from that time.

Question by the Accused: Is not your Commander in the habit of using the most profane and disgusting language to his officers and men?

Answer: He is.

Question by Accused: Have you any reason to be dissatisfied with the language and conduct of the accused since he has been attached to the Kittatinny?

Answer: I have not.

Question by the Accused: Did you ever hear, or know of the accused giving any liquor to officer or man for the purpose of corrupting them?

Answer: No I never did.

Question by the Accused: Do you know when the accused was first ordered to be confined to his room and in what manner?

Answer: At Galveston, after the Captain returned on board from the Santee.

Question by the Accused: Was not the pilot brought on board the day after the departure of the two masters from the De Soto?

Answer: Yes sir, he was.

Question by the Accused: Did not the two Masters in Command of the two vessel from the De Soto proceed from us, and remain away from us, since that time, on the afternoon of the capture of the pilot?

Answer: They left us on the afternoon previous to the pilot's being brought on board, and have not been in our company since.

Acting Master William B. Stoddard recalled and examined by the Court.

Question by the Court: Did the accused furnish the bottle of liquor that you produced on the 22d of February 1862?

Answer: No sir.

Cross-examined by the accused.

Question by the Accused: What was the time of day and of what date, was the accused ordered to confine himself to his stateroom and hold no intercourse with his mess mates?

Answer: It was on the night of the 22d of February, after the return of the Captain from the Santee.

The Court was cleared for deliberation and on the re-opening of the Court, Acting Volunteer Lieutenant, Commanding, George E. Welch, was recalled by the Court.

Question by the Court: What officers reported to you that the accused was in the habit of violating the alleged order not to hold communication with the pilot.

Answer: The Surgeon's Steward Mr. McNeil.

Question by the Court: How many days after leaving Raccoon Point did yo see the schooner Major Barbour?

Answer: It was off Raccoon Point I saw the schooner Major Barbour and went in chase of her.

Cross-examined by the Accused.

Question by the Accused: Was not the pilot brought on board the day after the departure of the two masters from the De Soto, and have they been in our company, or on board, since their departure the day before the arrival of the pilot?

Answer: It was after their departure that the pilot was brought on board; but their boats and my boats were in communication after their departure, acting under my orders; but they were not on board We all three remained in the vicinity of Raccoon Point until after the capture of the Major Barbour.

Question by the Court: How soon after the pilot was brought on board did you leave Raccoon Point?

Answer: I did not leave Raccoon Point permanently for about ten days after the pilot was brought on board.

Cross examined by Accused.

Question by Accused: Were you in light when the Major Barbour was captured.

Answer: Yes sir.

Paymaster's Steward D. D. Clark was called, duly sworn and testified as follows:

Question by the Judge Advocate: What is your name and position in the Navy of the United States?

Answer: Daniel D. Clark, Paymaster's Steward, now attached to the US Schooner Kittatinny.

Question by the Court: Were you at any time present and did you hear the Captain of the Kittatinny challenge Mr. Stoddard to go on shore and fight him, if so, when and where?

Answer: I did hear on one occasion the Captain say to Mr. Stoddard, on board of the vessel, something to this effect "that he would go on shore and fight him." I do not recollect the date or place where it occurred.

Question by the Court: Did you hear the Commander on that occasion, use profane language or curse Mr. Stoddard?

Answer: I do not recollect.

Answer: I did not to my recollection make any such report.

Question by the Court: Was there carousing or cheering in the wardroom of the Kittatinny on the night or evening of the 22d of February, 1862

Answer: There was no carousal or cheering that I know of, on the evening of the 22d of February in the wardroom. Mr O'Grady requested me to write a note for him to the Captain, which he signed, requesting his presence on board. I do not know whether I advised him to write the note or not.

Mr. George W. Garrison, Master's Mate was called, duly sworn and testified as follows:

Question by Judge Advocate: What is your name, rank and position in the Navy of the United States?

Answer: George W. Garrison, Acting Master's Mate, attached to the US Schooner Kittatinny.

Question by the Court: Was there a carousal and cheering or singing on the night of the 22d of February 1862, in the wardroom of the Kittatinny?

Answer: On the night of the 22d of February, after the Captain had gone on board the Santee, the accused came from his state-room into the ward-room and said, in not an unusually loud tone of voice "three cheers for Washington's Birth Day" and then he say "hurra, hurra, hurra" but did not cheer. Bottles were then produced and placed on the table. Mr. Stoddard, Mr. Pendleton, Mr. Topliff and the accused himself sat down and filled their glasses and drank to Washington's birthday. I heard the accused singing a part of the Star Spangled Banner in a moderate tone of voice. It was not according to my understanding, a carousal. I know of no other drinking party which took place that day.

Question by the Court: Did you advise Mr. O'Grady to send for the Commander, and if yea, what were your reasons for so doing?

Answer: I did advise the sending for the Commander together with three or four others, Mr. O'Grady, Mr. Riley and Mr. Clark, the Paymaster's Steward. My reason for advising the Captain to be sent for was that the officers in the ward room were violating his order in holding intercourse with the accused. The only one of the party who seemed to be under the influence of liquor was Mr. Stoddard.

Question by the Court: When was the order given that no person should hold intercourse with the accused; and from whom did you receive it?

Answer: I do not recollect the exact date of the order. I received it from Mr O'Grady. A short times afterwards I received the same order form the Captain, he gave it to me after the 22d of February.

Answer: No sir, I never did make such a report to the Commander.

J. Allen McNeil, Surgeon's Steward, was called, duly sworn and testified as follows:

Question by Judge Advocate: What is your name and position on board the US Schooner Kittatinny?

Answer: J. Allen McNeil, Surgeon's Steward, attached to the US Schooner Kittatinny.

Answer: No sir, I never did.

George H. Hutchinson, Wardroom Steward, was called, duly sworn and testified as follows:

Question by Judge Advocate: What is your name and position on board the US Schooner Kittatinny?

Answer: George H. Hutchinson, Wardroom steward.

Question by Court: Did you ever report to the Commander of the Kittatinny that the accused attempted to corrupt any of the officers or men with hospital liquor?

Answer: No sir, I did not.

Answer: No sir, I never did.

Joseph Willow, servant boy to Captain Welch, was called, duly sworn and testified as follows:

Question by Judge Advocate: What is your name and position on board the US Schooner Kittatinny?

Answer: Joseph Willow, Captain's Servant.

Question by the Court: Did you ever report to the Captain of the Kittatinny that the accused was in the habit of corrupting the officers and men by giving them hospital liquor?

Answer: I never did make such a report that I know of.

Answer: I heard the accused on one occasion only, say to one of the wardroom officers, who I do not recollect, that the Captain was a damned old fool. I do not recollect the date. I believe it have been about a month ago, and I reported it to the Captain a day or two after I heard it.

In regard to the seventh complaint, the accused asked me about two weeks ago whether the captain had not ill used me, by striking me in his room.

Question by the Court: Did you see the person that damned the Captain or only hear him?

Answer: I did not see the person who damned the Captain, I only heard him. I being in the Captain's pantry. I knew it to be the accused by his voice.

Robert Cain, Master-At-Arms was called, duly sworn and testified as follows:

Question by the Judge Advocate: What is your name and position on board the US Schooner Kittatinny?

Answer: Robert Cain, Master-at-Arms.

Question by the Court: What do you know in relation to the sixth complaint made by Captain Welch against Acting Assistant Surgeon Morris H. Henry?

Answer: I was called by the Captain to bring irons into the ward room, I was accompanied by two men, who I judged were ordered by the Captain to do so. The doctor was in his state-room with the door open, the captain was talking to him, and said, shaking his finger at him, that if he did not keep quiet, he would put him in irons. The doctor was talking very loud and appeared to be very much excited. All that I heard him say was "that he was sick and wanted a doctor" or words to that effect. The captain then retired from the wardroom, when the doctor shut his door and knocked open the side light window, the Captain then returned into the wardroom and ordered me to put the Doctor in irons. The Doctor then opened his door and permitted me to put him in irons without making any resistance, he muttered to himself that "somebody will have to pay for this" or words to that effect. He was kept in double irons about two hours, as near as I can recollect.

Cross examined by the accused.

Question by the Accused: Did you see the Doctor's window or shutter open, when you placed him in irons?

Answer: No sir, I am not sure.

Question by the Accused: Was not the Captain's language and manner very violet to the Doctor when he placed him in irons.

Answer: The captain was very greatly excited.

John Spellman, Landsman, was called and duly sworn and testified as follows.

Question by Judge Advocate: What is your name and position on board the US Schooner Kittatinny?

Answer: John Spellman, Landsman.

Question by the Court: Did the Captain order you to assist Doctor from coming out of his room.

Answer: I was there over two hours.

Question by the Court: Did you hear the Captain call for his revolver?

Answer: Yes sir

Cross examined by the accused

Question by Accused: Was the doctor's window or shutter open or closed when he was placed in irons?

Answer: It was closed and not opened until after the Doctor was out of irons as fas as I can recollect.

Acting Master's Mate Riley was then called, duly sworn and testified as follows.

Question by Judge Advocate: What is your name, rank and position in the Navy of the United States?

Answer: George Riley, Acting Master's Mate, and attached to the US Schooner Kittatinny.

Question by the Court: Did you advise Mr O'Grady to send for the Captain on the evening of February 22d, and if so, for what reason?

Answer: It was stated to me by Mr. O'Grady and Mr. Garrison, that there was a carousal in the Wardroom and that they were conspiring against the Captain, and also that they were violating the Captain's order by holding intercourse with the Doctor. I was not myself cognizant of any carousal going on in the wardroom. I replied to them, that if their statements were correct, I thought it right that the Captain should be notified of it. When the Captain returned on board, I heard him a loud and excited voice tell Mr. Stoddard what he could or would do if the officers violated his order in holding intercourse with the Doctor, such as "he could shoot them, or hang them, or put them in irons."

Question by the Court: Did you know of an order that the accused should not hold intercourse with the officers or men, previous to February 22d, and if yea, from whom did you receive it?

Answer: I received the order from the Captain through Mr. O'Grady, that no intercourse was to be held by an of the officers with the Doctor, under pain of arrest.

Cross examined by the accused.

Question by Accused: Do you know whether the accused was at his station on the morning of the 21st of February at half past two AM when all hands were called, and do you know anything of the accused's arrest and circumstances?

Answer: On the morning of the 21st, the drum beat to quarters, between two and half past two AM, I immediately repaired to my station and in doing so, passed the Doctor and spoke to him on the berth deck, he being at his quarters. I heard the next morning that the doctor was arrested, but did not hear that it was for not being at his quarters.

Question by Accused: Did not the Commander of the Kittatinny a few evenings since use the words "God damned him, I'll kill him if he do not shoot with me at ten paces" referring the accused.

Answer: I did hear that or something similar to it, and I believed it referred to the Doctor.

The testimony of all witnesses was here closed.

The accused here submitted a letter to the Court and requested that a copy of it might be appended to the Record of the Court which request the Court granted. The copy of the letter is appended marked D.

At 4:15 PM the Court adjourned to meet tomorrow at ten o'clock in the forenoon.

US Steam Sloop of War Pensacola
Harbor of Ship Island
March 22d, 1862

The Court met at ten o'clock in the forenoon, in pursuant to adjournment.

Present all the members and the Judge Advocate.

The reading of the proceedings of yesterday was dispensed with by the Court.

The proceedings in this case are herewith closed.

Henry W. Morris
Captain and Senior Member

C. H. B. Caldwell
Lieutenant Commander

Robert Boyd, Lieutenant

A. Vauderheurel
Judge Advocate

USS Colorado
Ship Island, March 18, 1862

Sir
You are hereby appointed senior member of a Court of Inquiry to inquire into the conduct of Acting Assistant Surgeon Morris Henry of the US Schooner Kittatinny, who is represented by his commanding officer has having been insubordinate and mutinous. You will closely investigate and report to me all the facts of the case in order that I may lay them before the Department, and such other action, as the best interests of the Government may require.

Lieuts Commander C.H.B. Caldwell and Abner Read will be associated with you as members of the Court.

Mr. Vauderheurel, Captain's Clerk, of the USS Pensacola appointed Judge Advocate.

Very Respectfully
Your Obedient Servant
D. G. Farragut
Flag Officer
Western Gulf Blockading Squadron

Captain H. W. Morris
USS Pensacola

USS Colorado Ship Island, March 18, 1862 Sir The urgent duties of the squadron require that your investigation of the difficulties which have arisen on board the Kittatinny by the alleged insubordination of the Acting Assistant Surgeon, should be conducted with as much closeness as possible. You will therefore take the substance of the Commander's statements and that of his witnesses , then take the statement of the surgeon and his witnesses and report the facts to me as soon as possible. I have substituted Lieut. Boyle for Comdr Read.

Very Respectfully
Your Obedient Servant
D. G. Farragut
Flag Officer
Western Gulf Blockading Squadron

Captain H. W. Morris
USS Pensacola

Copy C

US Schooner Kittatinny
Aransas Pass, Texas
21 February 1862

Sir
You will immediately upon the receipt of this order, place Acting Asst. Surgeon M. H. Henry, under arrest, for not coming to quarters at 3 o'clock AM, when all hands were called by the roll of the drum.

Respectfully
Geo. E. Welch
Lieut Commanding

To
Wm. B. Stoddard
A. Master and Ex. Officer

I certify the foregoing to be a true copy of the original order, shown to Acting Master William B. Stoddard.
A. Vaunderheuvel
Judge Advocate

Copy D

US Steamer Mount Vernon
Baltimore, MD, Nov 11th, 1861

My Dear Sir
I cannot permit you to leave this vessel without expressing to you my sense of correctness of your deportment and the ability and zeal displayed by you in the execution of your professional duties while under my command.

You, having now been nine months in the US Navy, I trust that after your passing, you will be again found in the service; or should you prefer any other line, I trust that you may meet with the success your abilities so well entitled you to.

I remain
My dear sir
Yours very truly &c.
O.S. Glisson
Commander, USN

Dr. Morris H. Henry
USN
Baltimore, Md.

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