United States vs. Thomas H. Levensaler, Acting Master's Mate, USS John Griffith

Thomas H. Levensaler was dismissed from the Navy effective 29 November 1862.

Proceedings of a General Court Martial convened on board the USS Susquehanna in virtue of an order hereto annexed and marked A.

10 o'clock AM Oct 28th 1862
The Court met. Present.
Captain R. B. Hitchcock
Captain Jas. S. Palmer
Lieutenant Commander A. B. Cummings
Lieutenant Commander A. W. Weaver
Lieutenant Allen V. Reed
Paymaster C. W. Hassler, Judge Advocate

Acting Master's Mate T. H. Levensaler, the accused, also present.

Commander Alden was absent.

The precept order, order to Paymaster Hassler appointing him Judge Advocate, and Charges and Specifications, having been read the Judge Advocate asked the accused if he had any objection to any member of the Court to which he replied in the negative.

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 accused presented his request for the privilege of introducing his counsel, which was granted by the Court.

Assistant Surgeon R. F. Eden appeared for the accused.

The Charges and Specifications were read aloud by the Judge Advocate.

The Judge Advocate then addressed the accused, Acting Master's Mate T. H. Levensaler, "You have heard the charges preferred against you, how say you, guilty or not guilty?"

To which the Accused pleaded "not guilty."

Acting Master Henry Brown, Commander of the US Mortar Schooner John Griffith, a witness on the part of the prosecution was duly sworn and testified as follows.

One Charge 1st Specification 1st, on the morning of 20th September, we were lying east of the town of Pensacola commanding the approaches. I think it was between six and a half and seven AM when I came on deck. I heard a heavy gun fired. I made a remark to this effect "Why they are firing ashore." The Quarter Master standing close by me said, "They have been firing all the morning, Sir." I asked who was in charge of the deck and was answered the Accused had charge. I called the Accused and asked why he did not report such an occurrence as that. He said they had very often fired in Pensacola before and he had never reported it. I asked him if he did not know we were lying there for the protection of the town and expecting an attack every moment. He said he did not know it. There is a standing order in the vessel to report all unusual occurrences.

On the 2nd Specification of Charge 1st. On the 22nd September at 2 o'clock in the morning, I woke and went out on deck to see that everything was all right. I went up through the after entrance to the cabin on deck. I did not see the officer in charge and did not know who had charge at the time. I went forward on the starboard side of the house and looking on the main deck (a portion of the spar deck) I saw the accused sitting in an arm chair with his feet on the still of the middle port with his head hanging down on his shoulder. I went down on the main deck, about three steps and crossed over to the port side to where the accused was sitting. He did not move till I got up to him and then he moved and looked up. I waited a little while thinking he would get up but he didn't and I told him to get up and attend to his watch.

On the 2nd Charge and Specification: At 8 AM the same day I sent for or called the accused into my Cabin. He came and I said "Mr. Levensaler I sent for you to speak to you about sitting down and I think you were asleep and I have a good mind to report you for it." He said "I was not asleep, sir, I saw you crossing the deck." I said, "Why didn't you get up?" He said, "If you can report me for being asleep, I don't care a good God-damned," and turning around suddenly he flung his cap down on the floor of the ward room. I said, "Go to your room immediately," and think I added, "consider yourself suspended."

Question by the Accused: Do you know whether the guns fired on shore were fired on account of an attack?

Answer: I know now that they were not fired on account of an attack, but I did not know it at the time.

Question by the Accused: Were not these guns fired as a salute and it is not possible or probable the accused might have known such to be the case?

Answer: I know now that the guns were fired as a salute, it may have been both possible and probable that the accused knew it but I do not think he did.

Question by the Court: Was his reply to you in your Cabin in a loud and angry tone as if directed at you or in a low tone as if talking to himself?

Answer: It was loud, angry and violent.

On the testimony being read over to the witness, he desired to add: it is possible but I do not think it probable that I had not told him the reason why we were moored up there and I told it to the officers on the quarter deck when we got underway to go up there.

Gunner's Mate John McAllister a witness on the part of the prosecution was duly sworn and testified as follows: On the 1st and 2nd specification of the 1st charge I know nothing. On the 2nd charge and specification thereto, on going into the Ward Room to put down the morning remarks I heard the Captain asking for Mr. Levensaler. I looked into Mr. Levensaler's state room and told him Captain Brown wanted him. Mr. Levensaler said, "I wonder what he wants now," with that he stepped out of his state room and shut the door behind him, but he had one hand on the door leaving it slightly open. I heard the Captain say something about being asleep on watch but will not say on oath what it was it was, and Mr. Levensaler asked him if he saw him asleep and told Captain Brown he saw him when he came on deck. He opened the door and threw down his cap and said "if you wish to report me for being asleep I don't care a good God damn." I am not positive about the first part of what he said, but I am of the latter part.

Question by the Accused: Are you sure whether Mr. Levensaler said "report me being asleep" or for something else?

Answer: For being asleep. I know it was for being asleep.

Question by the Accused: Have you conversed with Capt. Brown on this subject and if so what has been said about this occurrence?

Answer: He asked me if I knew what Mr. Levensaler said. I said I did and he asked what it was and I told him that Mr. Levensaler said he did not care a good God damn.

The testimony was read over to the witness who said it was correct.

Seaman John Stone, a witness for the prosecution, was duly sworn and testified as follows:

On the 1st Specification to the 1st Charge: On the morning of the firing I was on watch on the quarter and heard the firing and thought it was a salute and when the Captain came on deck at 8 o'clock there were minute guns firing after that all the time and the flags were at half mast and I said to the Captain, the flags are half mast and they are firing minute guns, and about six o'clock or just before, they fired a salute. The Captain asked me who was the Officer of the Deck. I told him Mr. Levensaler was. He told me to go for Mr. Levensaler and Mr. Levensaler came on to the quarter to the Captain and the Captain asked him the reason he did not report the firing. Mr. Levensaler said because he had heard firing so many times before he did not think there was any necessity to report it. That is all I know of the case. I was relieved at 8 o'clock.

Question by the Accused: Are you positive as to the time the Captain came on deck?

Answer: Yes, I am positive.

Question by the Accused: Had Mr. Levensaler spoken to you about the firing and if so what did he say?

Answer: He did not speak to me about it.

The testimony was read over to the witness who said it was correct.

Acting Master's Mate Robert M. Clark, a witness for the defense was duly sworn and testified as follows:

On the 1st Charge and its specification, I know nothing. On the 2nd Charge and its specification; I head the conversation on that morning. The first I heard was Mr. Levensaler saying, how could I be asleep when I saw you crossing the deck, then I heard him repeat it. He went to leave the room and stood in the doorway like, and Captain Brown told him to wait a moment or something like that. Then I heard Captain Brown say I'll report you for being asleep. I can't say the precise words but it was something like this. Mr. Levensaler threw his cap on the floor and said he didn't care a good god damn if he did.

Question by the Accused: Did you hear the prisoner say "I don't care a good God damn if you reported me for disrespect?"

Answer: I do not remember that I did.

Question by the Accused: Did you hear the accused say I don't care a good God damn if you report me for being asleep?

Answer: I do not remember that I did.

Question by the Court: Did you hear the Accused say in reply to Captain Brown "I do not care a good God damn if you do?"

Answer: Yes, or something to that effect as I said before.

The testimony was read over to the witness who said it was correct.

The Accused presented the written defense appended to these proceedings which was read by his counsel.

The Court adjourned to meet at 10 o'clock AM on the 29th instant.

October 29 1862
10 o'clock AM

The Court met. Present:
Captain R. B. Hitchcock
Captain Jas. S. Palmer
Lieutenant Commander A. B. Cummings
Lieutenant Commander A. W. Weaver
Lieutenant Allen V. Reed
Paymaster C. W. Hassler, Judge Advocate

Commander Alden was absent.

The proceedings of yesterday were read over.

The statements of the parties being thus in possession of the Court, the Court was cleared for deliberation, and having maturely considered the evidence adduced, find the accused, Acting Master's Mate Thomas H. Levensaler, lately attached to the US Mortar Schooner John Griffith and now attached to the Horace Beales, 2nd Division Mortar Flotilla, as follows:

Of the 1st Specification of 1st Charge: Not Proven
2nd Specification of 1st Charge: Proven
Of the First Charge: Guilty
Of the Specification of 2nd Charge: Proven
Of the 2nd Charge: Guilty

And the Court do therefore sentence the said Thomas H. Levensaler, Acting Master's Mate,

To forfeit all pay due him and be dismissed the Navy of the United States and rendered incapable of employment in the Naval Service. This sentence to be read on the quarter deck of the vessels of this squadron at General Muster.

Captain R. B. Hitchcock
Captain Jas. S. Palmer
Lieutenant Commander A. B. Cummings
Lieutenant Commander A. W. Weaver
Lieutenant Allen V. Reed

The Court adjourned till 10 o'clock AM Oct 30th.
Paymaster C. W. Hassler, Judge Advocate

Approved
D. G. Farragut
Rear Admiral

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

Flag Ship Hartford
Pensacola Bay
Oct 28, 1862

Sir
You are hereby appointed Judge Advocate of a General Court Martial now in session on board the USS Susquehanna and will report to Capt. Robert B. Hitchcock, the presiding member, for duty in place of Mr. E. C. Gabauden.

Very Respectfully
Your Obedient Servant
D. G. Farragut
Rear Admiral
Comg'd W. G. B. Squadron

To
Paymaster
Charles W. Hassler
US Sloop Oneida

Charges and Specifications of charges preferred against Acting Master's Mate Thomas H. Levensaler, lately attached to the US Mortar Schooner John Griffith and now attached to the Horace Beales, 2nd Division Mortar Flotilla:

Charge 1st: Neglect of Duty

Specification 1st: That the said Thomas H. Levensaler Acting Master's Mate while attached to the US Mortar Schooner John Griffith did neglect, at early daylight of the 21st of September 1862, to report to this Commander, continuous and heavy firing from the redoubt at Pensacola, he being at the time in charge of the deck, the vessel lying at anchor just above this town as protection to the right flank of the forces holding it, they being threatened with an attack from the enemy.

Specification 2nd: That the said Thomas H. Levensaler Acting Master's Mate while attached to the US Mortar Schooner John Griffith was found at 2 AM on the 22nd of September 1862 sitting in an arm chair on the quarter deck in a sleepy and inattentive position, his feet on the sill of the port and his head hanging down on his shoulder, he being at the time on watch in charge of the deck, the vessel lying as aforesaid.

Charge 2nd: Disrespect in language and deportment to his superior officer in the execution of his office.

Specification: In this, that the said Thomas H. Levensaler Acting Master's Mate while attached to the US Mortar Schooner John Griffith, did at about 8 AM of the 22nd of September 1862, in being remonstrated with by his commander about his conduct in sitting down in his watch to all appearances asleep, say in a disrespectful done, "I was not asleep, I saw you crossing the deck," and when throwing his cap on deck in a violent manner exclaim in a loud voice "if you can report me for being asleep I don't care a good God damn."

D. G. Farragut
Rear Admiral

Witnesses:
Lieutenant Commander R. R. Bruce
Acting Master Henry Brown
John McAllister, Gunner's Mate
Henry Stone, Seaman

In regard to the 1st specification of the first charge it is shown forth by the testimony of the quartermaster and by subsequent facts the firing heard was a salute. The quartermaster says that the flags were at half mast and says the officer of the deck (the accused) and walking the deck and as he could of course see them and could draw the same conclusion. With the quartermaster did it is quite probable that he ought have thoughts that a salute at Pensacola was no such unusual occurrence as to call for a report. A discrepancy is to be noted between the testimony of Capt. Brown and the store the quartermaster on the post, which throws doubt on the whole testimony of Capt. Brown as showing hostile feelings toward the accused. Capt. Brown states that he came on deck between 6 1/2 and 7 am or as it is charge at early daylight when it is very possible that he might notice the flags at half mast. At any rate be Capt. Brown ought have been perjuring himself to state reply in his way if question as to whether he saw the flags. His to be noticed that he says nothing about them and that he says he did not know they were firing a salute while the quartermaster state positively that he did not come on deck until eight o'clock when minute have been distinctly visible.

To the second specification there is no witness but Capt. Brown. To the specification of the second charge, two witnesses speak in regard to the precise language used. One Capt. Brown whose prejudice against the prisoner was evident by his manner. The other was the gunner's mate who states that the door was nearly shut and who acknowledged subsequent conversation with Capt. Brown in regard to the manner of which he has given evidence. The third witness is by no means positive as to the words used and seems to have heard them now indistinctly then the gunner's mate. He is not positive whether Capt. Brown's remark to which Mr. Levensaler replied in the words charged with not have been, "I have a great mind to report you for disrespect" the disrespect referred to being sitting down in the presence of his commanding officer who was standing. Such a reply in answer to so trifling a charge would be far different in regard to impropriety from the same reply to a charge of sleeping on watch.

C. H. Levensaler
A. M. M.

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