United States vs. Acting Master's Mate James Becker, USS Sarah Bruen
Acting Master's Mate James Becker was officially dismissed from the Navy effective 29 November 1862 per the 1863 edition of the Navy Register.
Oct 31st, 1862
The Court then proceeded to consider the case of Acting Master's Mate James Becker.
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
Acting Master's Mate James Becker, the accused, also present.
The order convening the Court (hereto appended marked "A"), the order to the Judge Advocate (marked B) and the Charges and Specifications in the case of James Becker, Acting Master's Mate (marked C) were read.
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 affirmative.
The Senior Officer administered the oath to the Judge Advocate and the Judge Advocate administered the oath to the Court. On being asked if he desired counsel, the Accused replied in the negative.
The Judge Advocate having read the charge to the Accused, addressed him "you have heard the charges preferred against you, how say you guilty or not guilty?" To which the accused replied "Not guilty"
Acting Master Christian, a witness for the prosecution, was sworn and testified as follows:
On the 1st charge and specification. I was in command of the Sarah Bruen at the time specified in the charge. All I know about is I was standing on the quarter deck, and was giving orders to Mr. Rowland, the officer in charge of the mortar division. We were engaged with the batteries at Vicksburg at the time, and the 1st I heard was Mr. Becker came up and he sung out that the magazine is on fire. I then inquire "What do you say?" "The magazine is on fire, sir" I rushed then down to the cabin and took out the lamp and when I came on deck, I looked over the side and saw four of my men in the water swimming to the shore and the whole crew in boats ready to leave. Capt. Breese came down on the levee at the time and inquired who made the report and I answered that Mr. Becker did. That is all I know of the magazine trouble.
In relation to the 2nd charge. I came on deck through the after companion way, and didn't see any officer on deck and I went down and went through the cabin and came out by the forward door. I there found Mr. Becker sitting in an arm chair with his eyes closed. The men at the time were about deck preparing to wash down deck. I stood and looked at Mr. Becker for a short time and I asked him if he was asleep. Mr. Becker then looked at me and said that he didn't know whether he could call it sleep or not. I said I called it sleep and told Mr. Becker at the time that he could go to his room and consider himself suspended from duty. Mr. Becker then rose out of the chair and said "I suppose you are going to kick up a row about it," in a very loud and angry manner, "and report me and I don't care a damn."
Question by the Accused: Did you hear me say "the magazine is on fire" and did I not rather say "the lamp needs taking out immediately or the magazine will be on fire."
Answer: "the magazine is on fire" those are the words I heard from Mr. Becker.
Question by the Accused: Where was I at the time I spoke to you?
Answer: He was at the starboard side on the steps going up to the poop when he spoke to me.
Question by Accused: Did you not state to Captain Breese that you shook me thrice and spoke to me twice before I answered.
Answer: I did not.
Question by Accused: Was it not some time after I got up from my chair that you told me to go to my room, and that you said you had an intention of reporting me and that you would not stand any such damned nonsense any longer?
Answer: I did no such thing. I did not make use of such language. It wasn't five minutes before everything was over.
Question by the Accused: Did not I ask you to suspend me from duty and report me but treat me like a gentleman?
Answer: No
Question by the Accused: In what position was I sitting on the chair, for had I been asleep I should have fallen off as the chair was balance at the time on its hind legs?
Answer: He was sitting with one leg on the other, hand under one ear and a big coat wrapped around him.
Question by the Court: Did the Accused leave the vessel at the time you say the whole crew were in the boats or overboard.
Answer: No
Question by the Court: Did you attribute the disorder among your crew to the manner in which the fire was reported - or to the fact that a fire was supposed to exist?
Answer: Entirely by the manner in which it was reported.
Question by the Court: Did you learn what was the cause of the alarm of fire?
Answer: I have learned since. The gunner's mate passed the word to the man in the passage saying that the magazine lamp was rather high and it ought to be trimmed down a little, and the boy passed the word out to the officer that the lamp ought to be trimmed down or it may burn the glass.
Question by the Court: Did you hear anything of the report about the lamp at that time?
Answer: I did not.
Question by the Court: Was the officer of the deck permitted to sit down in his watch?
Answer: Not permitted, but during warmer weather I did not say anything to them for sitting down as long as there was was noting doing.
Question by the Court: When the Accused reported the magazine on fire was it in a tone loud enough to be heard all over the vessel?
Answer: Yes.
The testimony was read over to the witness who said it was correct.
Acting Master's Mate Rowland was sworn as a witness for the prosecution and testified as follows:
I was on deck at the time and had charge of the mortar. I heard someone sing out "fire" and the men commenced leaving the mortar. Then I looked aft and I saw Mr. Becker talking with the Captain. The Captain was on the quarter deck at the time and Mr. Becker stood abreast of the hatchway that comes out of the magazine. I understood Mr. Becker to say there was or would be a fire in the magazine. I didn't understand properly whether he said there would be or was. The men at the time when I saw Mr. Becker talking with the Captain were some of them overboard and some of them out on the bowspirit. I know nothing in regard to the 2nd and 3rd charges.
Question by the Accused: Did I not address myself to the man belonging to the lamp room before saying anything about the fire and tell him to take that lamp out immediately?
Answer: I do not recollect exactly but I think I heard him talking to the man a few minutes before the alarm. It was a man we had got at Vicksburg.
Question by the Accused: Can you say exactly who it was you heard cry out fire first?
Answer: No
Question by the Accused: Did Captain Christian ever before correct any body, officer, petty officer or sailor for sitting on deck in his watch?
Answer: No. I don't think he ever did.
Question by the Accused: Did the Captain not frequently converse with officers and men while they were sitting in chairs at the time of their watch?
Answer: Yes
Question by the Accused: Did you not immediately get informed that the lamp had been trimmed too high, that the man in the passage got alarmed and said there was fire in the magazine?
Answer: Yes. The Gunner's Mate told me. He heard the alarm and came out to see what was the matter and I asked him what was the matter and he told me the lamp was too hight.
Question by the Accused: Was not the Captain told immediately what was the matter?
Answer: That I can't say but I supposed he was, he remained aft. I was forward.
The testimony was read over to the witness and said to be correct.
Boatswain's Mate Joseph M. Chadwick was sworn as witness and testified as follows:
On 1st Charge, I was captain of the mortar and was standing just in the rear of the mortar when the alarm was given of the magazine being on fire. I saw Mr. Becker come on deck but I do not remember of hearing him say that the magazine was on fire. The alarm caused the men to leave their stations and part of the crew jumped overboard and the remainder got into the boats, got under the bow and across the cable. The vessel was lying near the levee.
On 2nd Charge. At five o'clock or a few minutes after on the 29th of September, I heard Mr. Becker forward tell the man on watch to call the Boatswain to pipe all hands. I came on deck, called all hands and piped the hammocks up. After doing so I walked up and down the gangway. I saw Mr. Becker sitting in a chair on front of the forward part of the cabin. In a few moments afterward (15 minutes I should judge) I saw the Captain come out of the cabin and speak to Mr. Becker but I hardly remember whether it was have you had sleep enough or is this the way you keep you watch. I do not remember Mr. Becker answering him the 1st time but he did answer the 2nd time, what he said I don't know. That is all I know. I walked forward.
Question by the Accused: Did you hear me exclaim take that lamp out immediately repeatedly?
Answer: I remember you speaking something about a lamp but I don't know what it was and cannot say.
Question by the Accused: Did that report of the fire originate with me?
Answer: I think it did.
Question by the Accused: Did you not hear others on deck spread the report of the fire?
Answer: Yes I did.
Question by the Accused: What answer did I make on the second time if you are certain it was not the first time the Captain addressed himself to me in regard to my being asleep?
Answer: They spoke too low for me to hear it.
Question by the Accused: Do you think that I was asleep at the time, knowing that I sent the after lookout forward but a few minutes previous to the Captain coming on deck?
Answer: I do not think he was asleep.
Question by the Court: Was the alarm of the magazine being on fire given before the Accused came on deck or not.
Answer: Before I saw him on deck.
Question by the Court: Was the alarm occasioned by the cry of fire sufficiently great to have any effect upon you or your movements?
Answer: Yes, as soon as I heard of the magazine being on fire I thought I would save my life as soon as possible as the order were given by Mr. Rowland to leave the ship. He said to get into the boats and get out of the way as soon as possible.
Question by the Court: You state you do not think the accused was asleep - what caused you to form this opinion?
Answer: His being forward a few minutes before and there being so much noise on deck.
Question by the Court: You state in your testimony "the alarm caused the men to leave the vessel", then you say you left your station when a order were given to do so by your officer Mr. Rowland.
Answer: Those that jumped over board left on account of the alarm and the others left because Mr. Rowland gave the order to get out of the way as soon as possible.
The testimony was read over to the witness who said it was correct.
Gunner's Mate Thomas Bailey was sworn as a witness and testified as follows:
The magazine lamp goes out every time the mortar was fired and the boy in the magazine passage singing out the light is rather too high and you had better have it screwed down for it might burst and fire the magazine. With that Mr. Becker sung out "fire in the magazine" and ran on deck. I remained in the magazine and weighed out 2 or 3 more charges and then went up and reported that the light was only too high and there was no fire in the magazine. I reported this to Mr. Rowland (the executive officer). When I went on deck I saw three men in the water. I know nothing in regard to the 2nd and 3rd charges.
Question by the Accused: Did you hear me say down in the steerage there is a fire in the magazine?
Answer: Yes, distinctly.
Question by the Accused: Did I not complain of the lamp not being attended to previous to hearing me say anything?
Answer: Yes
The testimony was read over to the witness who said it was correct.
Paymaster's Steward Frank G. McMahon was sworn as a witness on the part of the defense and testified as follows:
On the 1st charge - I was filling shells that evening when some person in the magazine exclaimed "the magazine is on fire." Some of the men went up on deck and Mr. Becker went also and told the Quartermaster to take the lamp out of the magazine. Mr. Becker did not seem to be much excited. I know nothing in regard to the 2nd and 3rd charge.
Question by the Accused: Did you not hear the man in the magazine passage exclaim there is fire in the magazine?
Answer: I cannot say who did it.
Question by the Court: Are you sure it was not the accused who cried out the magazine is on fire.
Answer: I am sure it was not him.
The testimony was read over to the witness who said it was correct.
The Accused requested time to prepare his statement and the Court adjourned to meet at 10 o'clock AM on the 1st of November 1862.
C. W. Hassler
Judge Advocate
November 1st 1862
10 o'clock AM
The Court met: 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
Acting Master's Mate James Becker, the accused, also present.
The proceedings of yesterday were read over, when the accused Acting Master's Mate James Becker, presented and read the written statement appended to these proceedings and marked D.
The statements of the parties 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 James Becker, as follows:
The Specification: Proven
Of the First Charge: Guilty
The Specification: Not Proven
Of the Second Charge: Not Guilty
The Specification: Proven
Of the Third Charge: Guilty
And the Court do therefore sentence the said Acting Master's Mate James Becker to be cashiered from the Naval Service of the United States, sentence to be read on the Quarter Deck of 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
Forwarded
D. G. Farragut
Rear Admiral
A
Flag Ship Hartford
Pensacola Bay
October 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, 1862 "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 be legally brought before it.
The Court will be composed of the following officers, any five of whom are empowered to act, viz:
Captain R. B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieutenant Commander A. B. Cummings
Lieutenant Commander A. W. Weaver
Lieutenant Allen V. Reed and
E. C. Gababuan is hereby appointed Judge Advocate
D. G. Farragut
Rear Admiral
Commanding W. G. Blkg. Squad.
I hereby certify the above to be a true copy of the original
C. W. Hassler, Judge Advocate
B
Flag Ship Hartford
Pensacola Bay
Oct 28, 1862
Sir
You are hereby appointed Judge Advocate of a General Court Martial now in session board the USS Susquehanna and will report to Capt. R. B. Hitchcock the presiding member for duty in place of Mr. E. C. Garbandan.
Very Respectfully
Your Obedient Servant
D. G. Farragut
Rear Admiral
Commanding W. G. Blkg. Squad.
To
Paymaster
Charles W. Hassler
U.S. Sloop Oneida
Reported Oct 28th
R.B. Hitchcock
Captain
I hereby certify the above to be a true copy of the original
C. W. Hassler, Judge Advocate
C
Charges and specifications of charges preferred against Acting Master's Mate James Becker lately attached to the US Mortar Schooner Sarah Bruen and now attached to the Horace Beals, 2nd Division Mortar Flotilla.
Charge 1st: Culpable inefficient in the performance of duty
Specification: In this that the said James Becker, Acting Master's Mate, did, on or about the evening of the 15th day of July 1862, while attached to the US Mortar Schooner Sarah Bruen, and being in charge of the Powder Division of that deck, rush upon deck and in a very alarmed and excited manner exclaim "the magazine is on fire" thereby creating great alarm and consternation among the crew, causing several to jump overboard and nearly all to leave their stations, the vessel at this time being in action engaging the batteries at Vicksburg.
Charge 2nd: Sleeping on Watch
Specification: In this that the said James Becker, Acting Master's Mate, while attached to the US Mortar Schooner Sarah Bruen, was found sleeping at about 5:20 AM in the 29th day of September 1862, he being at the time on watch and in charge of the deck, this vessel lying at anchor just above Pensacola as protection to the right flank of the forces holding the town.
Charge 3rd: Treating with contempt his superior officer.
In this that the said James Becker, Acting Master's Mate, while attached to the US Mortar Schooner Sarah Bruen, did, at about 5:20 AM on the 29th day of September, on being suspended from duty by his Commander, Acting Master Christian, say in a loud, angry and disrespectful tone "I suppose you are going to kick up a row about it and report me, but I don't care a damn" or words to that effect.
D. G. Farragut
Witnesses
Acting Master Christian
Acting Master's Mate Rowland
Boatswain's Mate Joseph M. Chadwick
Gunner's Mate Thomas Bailey
D
Pensacola, November 1st, 1862
Culpable inefficiency in the performance of duty.
On the 15th of July about half an hour previous to the event for which the above charge was preferred against me, I received the charge of the Powder Division, having had charge of the Broadside Guns previous to this.
I found on opening the magazine, that the glass protecting the magazine light cover was broken, and reported this to the Captain who told me, that such had been the case ever since the bombardment at Fort Jackson. A contraband who has only been 3 or 4 days on board had by Captain's order charge of the lightroom and through his grievance, created a great deal of confusion.
The bombardment commenced and at every shot fired from the mortar, the magazine light was extinguished, the contraband at the lamproom when he found that he had to relight the lamp so often, began to raise the wick so high that the flame was high above the glass chimney, and the Gunner's Mate was continuously complaining to me about the danger of bursting the glass and admitting the fire into the magazine.
While addressing myself to the Pursers Steward who was filling shells at the time, about something concerning this duty, I heard distinctly the man who was stationed in the magazine passage exclaiming Mr. Becker, the lamp the fire is in the magazine, shrieking at the time, that the framework above the lamp might have caught fire. I went upon deck and standing on the hatch sung out to those on the Quarterdeck, the Captain, Quartermaster and the man for the lamproom standing together take that lamp out immediately, I repeated twice and when I saw that they did not move, I went there myself and arrived aft at the moment when the lamp was taken out, and which time I stated to the Captain that the man in the magazine passage had passed the word to me that there was fire in the magazine, in the interval everybody belonging to the powder division, having heard the same words from the magazine, that there was fire, had come on deck and the report of fire had spread by several men as admitted by witnesses against me.
The Gunner's Mate could impossibly have heard me say anything as he was in the inner part of the magazine, or if he did, he must have been aware of the cause of the trouble and had no need to come on deck to inquire in to the cause of it,
In the morning after the bombardment, I spoke to the Captain and begged of him to make a strict warning in so the case as I did not wish anybody to think that I had been the cause of the trouble, but the Captain said there was no need of that as nobody would ever speak on the subject again, and as he did not think that I was in any way to be blamed, no more would be said about it.
J. Becker, A.M.M.
Charge 2d: Sleeping on Watch
On the 29th of September 1862, at 5 AM I went forward, and told the man on the lookout to call the boatswain's mate, who about 5 minutes afterwards called all hands, while the men on deck stowed their hammocks, I went aft and told the after lookout to leave his station, this was about 10 minutes past five. A chair was standing before the cabin door, in which I sat down, awaiting the half hour to turn the hands too, at 5:20 I heard somebody come out the wardroom door right behind me, but as I could hear by the tread of their foot that the person was barefooted, I took no notice, thinking him to be one of the officers presently. I heard the Captain's voice saying "do you not get sleep enough nowadays" to which I answered "oh yes." Captain Christian then went into the Cabin, I remained about 5 minutes in the chair (the portion of sitting in a chair on watch has as talked by witnesses Mr. Rowland at all times not only be permitted by encouraged by the Captain) and afterwards on going into my room, I was accosted by the Captain in such terms that I told him he could suspend me from duty and report me to Capt Breese, but in the mean time to use more gentlemanly language, and treat me as an officer. Not until then, it was, that the Captain told me to go to my room and consider myself a prisoner.
Charge 3rd includes "treating superior officer with contempt", in this case I can only say that the Captain's charge has no foundation unless he alludes to a conversation on the previous evening which was as follows:
K. R. Breese, Lt Comdr, gave me an order to send the first boat that came down the bay with provisions on [illegible] alongside of his vessel, as the Admiral, below at the Navy yard to wished to have them. On the 28th September a boat came down and alongside of the Schr. Sarah Bruen, Captain Christian, to whom I had passed Lt. Breese's order, bought all he required and told the men to buy the remainder. I reminded him of the order, but he answers me that his belly was as good as the Admiral's or Capt Breese's, which caused a dispute between us. Capt. Christian said he knew that I would inform Capt. Breese of the circumstances but he sooner look out for himself and I have no doubt that his charges on the following morning and my arrest were premeditated.
Very Respectfully
Your Obedient Servant
James Becker
Acting Master's Mate.
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