United States vs. James Gurley, Private, USMC, USS Richmond

Private James Gurley did appear to serve his sentence since the Richmond's USMC muster roll notes him in the Pensacola Navy Yard for the month of December 1862. Gurley's career wasn't affected, since he served in the Marines from 1860 until he was MEDSEP'ed in 1872 as a sergeant for a leg fracture he received in a "drunken brawl." Per his pension application, after Gurley got out of the Marines, he was employed at Norfolk Naval Shipyard as a watchman.

Oct 30th 1862

In pursuance to the Precept Order, the Court then proceeded to the trial of Private Marine James Gurley

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 James Gurley, the Accused, also present.

The precept order was read, the order to Paymaster Hassler appointing him Judge Advocate, and the Charge and Specification.

The Accused was asked if he objected to nay 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 affirmative.

The Senior Member administered the oath to the Judge Advocate and the Judge Advocate administered the oath to the Court.

The Judge Advocate asked the Accused if he desired counsel, to which he answered in the negative.

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 after having been cautioned by the Judge Advocate of the consequences of so doing, the Accused pleaded "Guilty."

Capt. Ramsay, USMC, was sworn as a witness for the defense; and testified as follows:

Question by the Accused: What has been my general character on board the "Richmond"?

Answer: His general character has been very good.

Question by the Accused: Have the orderlies been in the habit, to your knowledge, of leaving the cabin door for the purpose of getting a drink of water or going to the head without being regularly relieved?

Answer: They have until recently.

Question by the Judge Advocate, after reading the specification; you say "recently" were they in the habit of so doing at the time of the offense?

Answer: They were.

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

The Accused presented his statement which was read.

The Court was cleared for deliberation, and after having maturely considered the evidence adduced, find the Accused, Private Marine James Gurley, as follows:

Of the Specification: Proven
Of the Charge: Guilty

And the Court do therefore sentence the said James Gurley, Private Marine, to solitary confinement for thirty days in the Navy Yard prison, Pensacola, the sentence to be read on the Quarter Deck of the Richmond 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

Charges and Specification of Charges preferred against James Gurley, Private Marine, on board the US Steam Sloop Richmond.

Charge: Leaving his post before being regularly relieved.

Specification: In this, that the said James Gurley, Private Marine, on board the US Steam Sloop Richmond, did on or about the sixteenth day of October, eighteen hundred and sixty two, leave his post at the cabin door of the aforesaid Richmond and was found intoxicated on the Berth deck of the said vessel, when searched for by the Orderly Sergeant.

D. G. Farragut
Rear Admiral
Comd'g W. G. B. Squadron
Flag Ship Hartford
Pensacola Bay, October 25th, 1862

After the Captain had retired to rest, I went below to get my watch coat. While below I had some liquor and I drank it and not having drank any for some time it took to my head and got the better of me. Having been ashore that evening I drank some previous to going on post. As the orderly at the Cabin door has been in the habit of taking privileges which the contrary on the other posts would not do, I did not think that I was rendering myself liable to more than disobedience of orders in going after my coat.

I would throw myself entirely on the mercy of the Court.

James Gurley

Allow me to add that this is the first time I have been in any difficulty and I have been in the ship since she went into commission.

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