Report of Findings in Case 3109

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

Sir In obedience to the orders ordering the Court of Inquiry, for it to report the facts of this case, the Court Report as follows:

That the evidence given by Captain Welch, of the US Schooner Kittatinny in support of his Report of insubordination and even mutinous conduct on the part of Acting Assistant Surgeon Morris H. Henry attached to that vessel, and which formed the basis of this investigation, is contained in seven "complaints" and are so entered on the Record.

The Court has examined, as witnesses, in relation to the matter of these Complaints, all the officers of the Kittatinny, also the Surgeon and Paymaster's Stewards, the Wardroom Steward, the Master-at-Arms, the Captain's Servant Boy "Joseph Willow" and one landsman who assisted to put the Assistant Surgeon in irons.

The testimony is, in many parts, very conflicting.

In the matter of the first complaint, it does not appear to the Court that the conduct of the accused constituted "insubordinate conduct" as the offense charged was not prohibited by the Captain at the time.

The Second Complaint relates to a dispute which occurred in the wardroom in relation to the accused not furnishing the vouchers for his expenditures, as caterer, of the mess funds.

This dispute was not, as charged in the complaint, with the wardroom officers generally, but with Acting Master Mattison. The violent language inputed to the accused, in the complaint, is not proven, but it is proven by Mr. Mattison that the accused in this disputed applied to him the epithet of a "damed Yankee son of a bitch." The accused did not counteract this evidence. It is also proven, that the accused has on one or two previous occasions produced these vouchers, for the inspection of his mess mates; and at this time had offered to produce them again, to any person when the mess should designate to inspect them. The epithet applied to Mr. Mattison was provoked by insinuations from Mattison, affecting the honesty of the accused, in the matter of the mess accounts.

In the matter of the third complaint, relating to mis-use of Hospital Wines and liquors, there is no evidence to support the accusation. In regards to the "carousal" said to have taken place on the 22d of February, in the ward room, the testimony is conflicting, but it is not proven that the noise of the party was loud or boisterous. The principal reason alleged for sending for the Captain to come on board, is stated to have been "that the officers and the accused were violating the Capitan's order" which was that "he and they were prohibited from holding any intercourse with each other, whist the accused was under arrest and ordered to confine himself to his stateroom."

The conduct of the accused in this instance does not appear to have amounted to "insubordination."

The fourth complaint consists in the holding, by the accused, intercourse with a Pilot captured off Raccoon Point, contrary to the Captain's order to that effect. It does not appear that this order was ever communicated to the accused. It was first passed by the Captain to such officers as happened to be standing near him at the time, and it is not shown that the accused was one of them. It was sent to certain other officers, but the accused was not one of them. The charge made "that it was reported to the Captain by different officers, that the accused was in the habit of violating this order" is not sustained by the evidence.

The matter charged in the fifth complaint, is not proven at all.

In the matter contained in the sixth complaint, the evidence is quite conflicting. But enough is proven to show that the accused became very much excited in consequence of not getting medical advice for himself, which he has requested the Captain to procure for him, although it is shown that the Captain left in his boat for the ostensible purpose of obtaining it. The amount of noise made by the accused to the Captain are not proven to be such as stated. The accused did not say "that he would make as much noise as he liked" nor that the Captain "dated not put him in irons" but that he (the accused) was an officer and that the captain "could not" put him in irons. It is proven that the Captain was very much excited and that his tone, language and manner were threatening to the accused. It is proven that the accused was put in double irons by the Captain's order, and kept there for a space of between two or three hours, in his stateroom.

In the matter of the seventh complaint, it is proven by the captain's servant boy "Joseph Willow" that the accused had asked him whether "the captain had not struck him in his room" as charged in that complaint. It is also stated by this witness,that he heard, whist in the cabin pantry, the accused say to some one in the ward room "that the captain was a damned old fool."

It is in proof, that the Captain's general treatment of his officers, was violent and un-officer-like, by cursing some of them and generally using very profane and disgusting language towards them.

We do not see that there was sufficient cause for the putting of the accused in double irons - as he was not resisting lawful authority at the time.

The Court do not consider that the accused is guilty of the accusation of "having been insubordinate and even mutionous" in his conduct.

The Court would call the attention of the Flag Officer to a letter, marked D, addressed to the accused by Commander O. S. Glisson, USN, of the Mount Vernon, speaking of him in highly eulogistic and complimentary terms.

The above facts are respectfully submitted.

It has been accidentally omitted to be stated in this Report, in its proper place, but is now stated here, that in the cross examination by the accused of Mr. Stoddard, it was elicited that the Captain "challenged him (Mr. Stoddard) to fight him on shore" also in relation to the accused that he used the expression "god damned him I'll kill jim if he does not fight with me."

Henry W. Morris
Captain and Senior Member

C. H. B. Caldwell
Lieutenant Commander

Robert Boyd, Lieutenant

A. Vauderheurel
Judge Advocate

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