United States vs. Frederick Davey, Private, USMC, USS Pensacola

Marine Corps muster rolls for December 1862 note Frederick Davey was "discharged 1st instant by order of the Secretary of the Navy (sent to Sing Sing)".

USS Susquehanna
October 29th, 1862

In pursuance of the Precept order, the Court then proceeded to try the case of Private John A. Davey, Marine, from the USS Pensacola.

Present:
Captain R. B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Comdr. A. B. Cummings
Lieut. Comdr. A. W. Weaver
Lieut. Allen V. Reed
Paymaster C. W. Hassler, Judge Advocate
and Private Marine John A. Davey, the accused also present.

The Judge Advocate having read the order convening the court, asked the Accused if he had any objection to any member to which he replied in the negative.

The Judge Advocate was then duly sworn by the presiding officer of the Court, the Court was duly sworn by the Judge Advocate in the presence of the accused.

Captain Fendall, U.S.M.C. appeared as Counsel for the accused.

The charges were read aloud by the Judge Advocate. The Judge Advocate then addressed the Accused, "You have heard the charges preferred against you, how say you guilty or not guilty?"

To which the Accused pleaded "guilty."

Upon the Accused presenting his written defense, it was noticed that he had signed it Frederick Davey, whereupon the Judge Advocate was directed to address a communication to Rear Admiral D. G. Farragut.

Court adjourned to meet at 10 AM Oct. 30th 1862.

USS Susquehanna
Oct 30th 1862
10 o'clock AM

Court met and was called to order by the Senior member. Present:
Captain R. B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Comdr. A. B. Cummings
Lieut. Comdr. A. W. Weaver
Lieut. Allen V. Reed
Paymaster C. W. Hassler, Judge Advocate
Private Marine Frederick Davey, the Accused, also present.

The proceedings of yesterday were read over together with the letter of the Judge Advocate to the Rear Admiral and his reply thereto addressed to Captain Hitchcock.

The order for the Court and to the Judge Advocate and the charges and Specifications in the case of Private Marine Frederick Davey were read by the Judge Advocate.

The Judge Advocate asked the accused if he objected to any member of the Court to which he replied in the negative and if he had been furnished with a copy of the charges to which he replied in the negative. A copy was then handed him and on his requesting it he was allowed time to prepare for the trial.

On reappearing, the accused was allowed to introduce his counsel. Captain Fendall, USMC, appeared for the accused.

The oath was administered to the Judge Advocate by the Senior Member of the Court, and the Court was sworn by the Judge Advocate.

The charges and specification were then read by the Judge Advocate to the accused, and the Judge Advocate then addressed the Accused, "You have heard the charges preferred against you, how say you guilty or not guilty?"

To which the Accused, after having been admonished in relation thereto by the Judge Advocate, pleaded "guilty."

Private William Hare was called as a witness on the part of the defense and having been duly sworn, testified as follows:

Question by the Accused: Had I not been drinking with you on the morning of the day mentioned in the charges, and was I not decidedly under the influence of liquor at the time I abused some flag and struck you?

Answer: Yes.

Question by the Accused: At the time I struck you was there not a boat passing with rebel prisoners on board?

Answer: I do not know, I did not see any.

Question by the Accused: When I abused some flag what did I allude to?

Answer: I don't know what flag he meant, but I took it to be the American flag.

Question by the Accused: Was I not wounded in the engagement with Forts St. Phillip and Jackson?

Answer: Yes.

Question by the Accused: When I was wounded although told that I could remain below, did I not return to my gun?

Answer: I don't know.

Testimony was read over to the witness.

Private John Roch was called as a witness on the part of the defense and having been duly sworn, testified as follows:

Question by the Accused: What has been my general character since I had been on board the Pensacola?

Answer: As a general thing, he has always done his duty, but he is a very high tempered man.

Question by the Accused: What was my conduct in the engagement with Forts St. Phillip and Jackson and after I was wounded did I not return to my gun without orders?

Answer: His conduct was very good, he behaved bravely and after he was wounded returned to his gun and remained there till the action was over. While in action after he came back to the gun one of the officers advised him to go below but he said he would rather stay on deck.

Question by the Court: What part of the person of the Accused was wounded?

Answer: His arm.

Question by the Court: What was the extent of the wound?

Answer: It was not a very serious wound. It was from a splinter.

Question by the Court: Where you stationed at the same gun with the accused?

Answer: Yes.

The testimony was read over to the witness.

The Accused was allowed time to prepare his statement which was presented and hereto appended marked E.

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, Private Marine Frederick Davey as follows:

Specification of the 1st Charge: Proven
Of the 1st Charge: Guilty
Specification of the 2nd Charge: Proven
Of the 2nd Charge: Guilty
Specification of the 3rd Charge: Proven
Of the 3rd Charge: Guilty

And the Court do therefore sentence him, the said Private Marine Frederick Davey, to be confined two years in a penitentiary at hard labor with loss of pay and then to be discharged from the Naval Service of the United States with bad conduct discharge. Sentence to be read on board the vessels of this squadron at General Muster.

Captain R. B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Comdr. A. B. Cummings
Lieut. Comdr. A. W. Weaver
Lieut. Allen V. Reed
Paymaster C. W. Hassler, Judge Advocate

Approved
D. G. Farragut
Rear Admiral

Flag Ship Hartford
Pensacola Bay, Oct 24th, 1862

By virtue of special authority vested in me by the President of the United States, in accordance with Article 11 of an Act of Congress approved July 17, 1872 "For the Better Government of the Navy of the United States," a Naval General Court Martial is hereby ordered to convene at 1 PM on board the US Ship Susquehanna on this 24th day of October 1862, or as soon thereafter as practicable for the trial of such persons as may legally brought before it.

The Court will be composed of the following officers, any five of whom are empowered to act, 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

USS Susquehanna
October 29 1862

Sir
The Court would respectfully refer to you the Charges in the case of John A. Davey, Marine.

The person brought before the Court this morning and who has plead guilty to the charges has signed his name to his defence as Frederick Davey.

It has been stated that there is a man in the Guard of the Pensacola by the name of John A. Davis.

Very Respectfully
Your Obedient Servant
C. W. Hassler
Judge Advocate

Rear Admiral
D. G. Farragut
Comd'g W. G. B. Squadron

Flag Ship Hartford
Pensacola Bay, Oct 29, 1862

Sir
You will quash the proceedings in the case of John A. Davey, Private Marine, and proceed with the trial of Frederick Davey, Private Marine, charges against whom are herewith enclosed.

Very Respectfully
Your Obedient Servant
D. G. Farragut
Rear Admiral
Comdg W. G. B. Squadron

Captain R. B. Hitchcock
Senior Member of General Court Martial

Charges and Specification of Charges preferred against Frederick Davey, Private Marine, attached to the US Steam Sloop Pensacola.

Charge First: Using treasonable language.

Specification: In this, that the said Frederick Davey, Private Marine, attached to the US Steam Sloop Pensacola, did on or about the eighth day of October eighteen hundred and sixty two, did make use of the following and other language of the same tenor, viz: "I wish Jeff Davis would win all the battles." "I would like to have the flag down to dance upon."

Charge Second: Fomenting a Quarrel

Specification: In this, that the said Frederick Davey, Private Marine, did on or about the eighth day of October eighteen hundred and sixty two, strike with a vinegar bottle Private Marine William Hare, who had resented the language referred to in Specification of Charge First, by remarking "If I had my way, Davey should not live under the flag," or words to that effect.

Charge Third: Assaulting his Superior Officer, while in the Execution of his office.

Specification: In this, that the said Frederick Davey, Private Marine, did on or about the eighth day of October eighteen hundred and sixty two, abuse, attempt to strike Sergeant of Marines James Shaw, then acting as Orderly Sergeant, who had remonstrated with him Davey for using the language referred to in Specification of Charge First.

D. G. Farragut
Rear Admiral
Comd'g W. G. B. Squadron
Flag Ship Hartford
Pensacola Bay, October 29, 1862

Witnesses:
Lieutenant Jno. C. Harris, USMC
Sergeant James Shaw, USMC
Private William Hare, USMC
Private Jno Koch, USMC

On the day mentioned in the charges, Hare and I drank two bottles of whiskey between 3 and 7 bells, in the morning watch, while on the berth deck. At dinner time we went up on deck, as a boat with rebel prisoners was passing. On board this boat some one waved the rebel flag. Hare told me that I ought t be with them (the prisoners) and under their flag, or words to that effect. I answered "damn and blast the flag and you too," and struck him with a vinegar bottle. Shortly afterwards, I went down on the berth deck and told him I regretted striking him, and asked him his pardon. Just then Sgt. Shaw came up and enquired of Hare who struck him. Hare did not tell him, but I did. The Sergeant started to take me to the mast, we got to fighting (how I do not recollect) and I struck him.

I'm throwing myself on the mercy of the Court, I would respectfully state that I am sorry and have always been a good Marine man, which, I think, was proved by my conduct in the engagement with Forts St. Phillip and Jackson; but I was in liquor at the time mentioned in the Charges, and while drunk and said things which I would have not dreamed of doing and saying had I been sober.

Frederick Davey.

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