United States vs. Thomas Roscommon, Ordinary Seaman, USS Hartford

Per Farragut's letter to Welles, Roscommon was removed from the Hartford and sent to Boston. However judging by what is on his rendezvous index card, he was never imprisoned when he arrived in Boston. Apparently he served aboard the Boston receiving ship USS Ohio until his discharge on 13 January 1863 and he re-enlisted the next day. He was ordered to the Sacramento on 15 January 1863, from which he went AWOL from her on 8 February 1863.

Proceedings of a General Naval Court Martial convened on board of the US Ship Susquehanna by order of Rear Admiral D. G. Farragut

Thursday, October 12, 1862

At 10 AM the Court met pursuant to an order annexed to this record (marked A).

Present:
Captain R. B. Hitchcock
Captain Jas. S. Palmer
Commander James Alden
Lieutenant Commander A. B. Cummings
Lieutenant Commander A. W. Weaver
Lieutenant Allen V. Reed
E. G. Gabaudan, Esq. Judge Advocate and
the accused, Thomas Roscommon (Ordinary Seaman)

The Judge Advocate having read the order convening the Court, asked the Accused Thomas Roscommon if he objected to any member named therein, to which he replied that he objected to Captain Jas. S. Palmer, as Captain Palmer was in command of the Hartford, to which vessel was also attached.

The Court was cleared to consider the objection, and sustained the accused, whereupon Captain Palmer withdrew from the Court as a Member.

The Court was then reopened. The Judge Advocate was duly sworn by the Presiding Officer, in the presence of the accused, and the Court consisting of Captain R. B. Hitchcock
Commander James Alden
Lieutenant Commander A. B. Cummings
Lieutenant Commander A. W. Weaver and
Lieutenant Allen V. Reed
were duly sworn by the Judge Advocate in the presence of the accused.

The accused being asked if he desired Counsel, replied that he did not.

The Charges (appended to this record marked B) were read aloud.

The Accused, Thomas Roscommon (Ordinary Seaman), having been warned of the enormity of his offense and the danger of pleading "guilty" to the same, plead "guilty"

Lieutenant Commander James S. Thornton, witness for the defense, called into Court and duly sworn, "was attached to the US Ship Hartford from about the 7th day of January 1862 until about the 28th of August 1862"

Question by the Accused: Will you be pleased to state to the Court how I conducted myself in the various engagements through with the Hartford had passes: and weather or no I displayed disaffection on those occasions?

Answer: The conduct of the accused in battle did not particularly come under my personal observation. So far as I know his duty was well performed at his gun. The Officer of his Division reported the general good conduct of his gun's crews. I have never known the accused to display disaffection.

Question: Do you recollect that I spoken to you on the morning of the fight at Vicksburg?

Answer: Now that it is recalled to my recollection, I remember seeing the accused working at his gun, and complimented him on his conduct. This remark was induced by the circumstances of his having misbehaved in the early part of the cruise, and I intended it as an encouragement for his future well doing.

Question: When the ship was on fire passing the forts, did you hear me encouraging the men to do their duty.

Answer: I did not.

Question by the Recorder: You said the accused misbehaved himself in the early part of the cruise: did you refer to breach of discipline or that he showed disaffection?

Answer: I referred to breach of discipline entirely. I have never seen any signs of disaffection in the accused.

The Court was cleared to consider whether it was necessary for the Court to ascertain the Accused's previous character. It was decided not necessary.

Question by the Accused: Did I volunteer while attached to the US Ship Hartford to perform any hazardous duty such as aiding in cutting the chains across the River below the Forts?

Answer: There were a number of volunteers for that service, and accused may have been among that number.

John Hollins, Seaman, from the US Ship Hartford, was called into Court and sworn.

Question by Accused: How did I act when the ship was on fire passing the Forts?

Answer: On the morning of the fire, I was fireman at a gun and went forward to assist in getting the hose aft. I saw an Officer going forward with a grating in his hand; the accused stopped him, saying no one can go out of this port while I am stationed at this gun. The Officer laid down the grating and went aft. More men tried to get out of the port and the accused told them "stop, the ship will be all right in a few minutes." When a boat's crew were fired upon at Baton Rouge, that accused was amongst the first to volunteer to go on shore, so as to get satisfaction. We were refused, and when we fired into the town, he said he was glad the town was being destroyed, as the boat's crew had been wounded. I have never heard the accused speak against the Government, he always spoke in favor of it. Another time when we had some prisoners or persons from shore on board, he said, it would be well to place a sentry over them as they might injure the guns, which were to be used in a short time.

The testimony being closed, and the accused desiring to present a final defense, the Court adjourned at 1:15 PM until 10 AM tomorrow, October 24 so as to enable the accused to prepare his defense.

Friday, October 24th, 1862

At 10 AM, the Court met pursuant to adjournment.

Present Captain R. B. Hitchcock
Commander James Alden
Lieutenant Commander A. B. Cummings
Lieutenant Commander A. W. Weaver
Lieutenant Allen V. Reed
E. G. Gabaudan, Esq. Judge Advocate and
the accused, Thomas Roscommon (Ordinary Seaman)

The proceedings of yesterday were read over, when the accused Thomas Roscommon (Ordinary Seaman) presented, and the Judge Advocate read, the written defense appended to these proceedings.

The statements of the parties being thus in possession of the Court, the Court was cleared for deliberation, and having maturely considered, find the accused, Thomas Roscommon, Ordinary Seaman, on the US Ship Hartford, as follows:

Of the Specification of the 1st Charge: Proven Of the 1st Charge: Guilty First Specification of 2nd Charge: Proven Second Specification of 2nd Charge: Proven Third Specification of 2nd Charge: Proven Of the Second Charge: Guilty

And the Court do sentence the said Thomas Roscommon (Ordinary Seaman) to two years confinement in a penitentiary, first year at hard labor, and to be discharged from the Naval Service with a bad conduct discharge.

Captain R. B. Hitchcock
Commander James Alden
Lieutenant Commander A. B. Cummings
Lieutenant Commander A. W. Weaver
Lieutenant Allen V. Reed
E. G. Gabaudan Judge Advocate

Approved
D. G. Farragut
Rear Admiral
Comd'g West Gulf Blockading Squadron

Flag Ship Hartford
Pensacola Bay, Oct 20, 1862

By virtue of the authority contained in the Act of Congress "for the better government of the Navy of the United States", approved July 17, 1862, and which has been vested in me by special order of the President, a Naval General Court Martial is hereby ordered to convene off the Pensacola Navy Yard on board the United States Ship Susquehanna, on the 21st day of October, 1862, or as soon thereafter as may be practicable, for the trial of Thomas Roscommon, Ordinary Seaman, or of such persons as may be legally brought before it.

The Court will be composed of the following officers, viz:
Captain Robert B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Comdr. A. B. Cummings
Lieut. Comdr. Aaron W. Weaver
Lieutenant Allen V. Reed
and Edward C. Gabauden is hereby appointed the Judge Advocate.

D. G. Farragut
Rear Admiral
Comd'g West Gulf Blockading Squadron

Charges and Specifications of Charges preferred against Thomas Roscommon, Ordinary Seaman on board the US Ship Hartford by Rear Admiral D. G. Farragut, Commanding Western Gulf Blockading Squadron.

Charge First: Using mutinous and treasonable language.

Specification: In this that on or about the seventeenth day of September, 1862, the said Thomas Roscommon, Ordinary Seaman on board the US Ship Hartford, while confined in double irons in execution of the sentence of a Summary Court, did make use of language of the following tenor:
"I will never fire another gun under the American flag."
"Next time I fight it will be on the other side."
"Hurrah for Jeff Davis, Hurrah for Jeff Davis, he is a better man than Farragut or any other damned bugger aboard this ship."

Charge Second: Treating with contempt and using disrespectful language towards his superior officers.

Specification First: In this, that while at the mast on or about the sixteenth day of September, 1862, the said Thomas Roscommon, Ordinary Seaman on board the US Ship Hartford, did in an emphatic and defiant tone and manner, address Lieutenant Commander Lewis A. Kimberly, while in the execution of his office, with words to the following effect "I will never fire another gun under the American Flag."

Specification Second: In this, that the said Thomas Roscommon on or about the seventeenth day of September, 1862, when at the mast of the US Ship Hartford, did in an emphatic and defiant tone and manner, address Lieutenant Commander Lewis A. Kimberly, while in the execution of his office, with words to the following effect "What I said then I say now" referring to the language made use of in the Specification First of this Charge.

Specification Third: In this, that the said Thomas Roscommon did on or about the seventeenth day of September, 1862, while confined in double irons, in execution of the sentence of a summary court martial, use disrespectful language towards Midshipman John H. Read, in words of the following tenor: "Goddamn your heart, you ought to be hung."

October 20, 1862
D. G. Farragut
Rear Admiral
Comd'g West Gulf Blockading Squadron

US Flag Ship Hartford
Pensacola Bay, Oct 23, 1862

To the Honorable the General Court Martial now in session on the US Steamer Susquehanna

The undesigned, Thomas Roscommon, in palliation of the offense for which he is now being tried and to the charge thereof he has plead guilty respectfully represents to the Court that on or about the 16th of September 1862 he was sent to the mast, that he had then recently before been confined for thirty days in double irons on bread and water, and had been deprived of his pay for five months, that suffering from his confinement and the knowledge of the suffering that would necessarily be caused to a widowed mother by the loss of her main support at an inclement season of the year, he allowed his angry passions to get the better of him.

He further respectfully represents that his previous conduct on this ship is a refutation of the charge of treason or its incidents, that at Forts Jacksons and Phillip, Vicksburg, and the many other places on the Mississippi River were we stood by for and expected a fight he did his whole duty, and that at a particularly excitful period in the fight of the forts, when the Hartford was ashore and under the guns of the enemy, with a fire raft on her quarter he by words and example stimulated his ship mates to do their whole duty.

That he never had any sympathy with the traitors now in arms against the government, that he is ready and willing as heretofore to peril his life in its support and the is truly and hearty sorry and repentant for the words he used and for his evil example.

He further represents that he casts himself upon the merciful consideration of the Court, relying upon humility as well as a sense of justice.

Thomas Roscommon.

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