United States vs. Thomas Ferris, Coal Heaver, USS Pembina
Nov. 3, 1862
The Court then proceeded to consider the case of Thomas Ferris, Coal Heaver on board the U.S. Gunboat "Pembina."
Present:
Captain R. B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Comdr. A. Cummings
Lieut. Comdr. A. W. Weaver
Lieut. Allen V. Reed
Paymaster C. W. Hassler, Judge Advocate
and
Thomas Ferris, Coal Heaver, the Accused was 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, and if he had been furnished with a copy of the Charges, to which he replied in the affirmative. Copy marked "F"
The Judge Advocate and the Court were then duly sworn.
The Judge Advocate asked the accused if he desired counsel to which he replied in the negative.
The Judge Advocate, having read the Charge and Specifications to the Accused, addressed him "You have heard the Charge preferred against you, how say you, guilty or not guilty? To which the Accused pleaded Not Guilty.
3rd Assistant Engineer John Van Hovenberg was sworn as witness for the Prosecution, testified as follows:
"I was on watch from 12 to 4 that morning. I told Ferris to sweep the Engine Room and I noticed that he didn't obey it in a proper manner and I repeated the order telling him at the same time to sweep where I stood. He replied that it wasn't his place to sweep that side and he would be dammed if he would do it. I then stepped toward him and told him he would do it as I told him and told him to sweep there, pointing at the same time to the place I wished him to sweep. He dropped the broom and assuming a rather offensive attitude used the words "Holy Jesus I wish I had you alone." I stepped a little nearer him and said you had better do as I tell you; he turned and picked up the broom and swept the place. I have consider the way in which he turned as rather sulky.
"On the 2nd Specification. THe engines were running at the time and after fixing up things a little I went and informed the Chief Engineer of his conduct. He came into the engine room and I did not take particular notice of his conversation with the Accused. Mr. Young turned to me and said I should keep this man on watch till morning and he would then attend to the case, or have it attended to. I recollect of saying that I was surprised of his conduct. I will say that I have considered the conduct of this man as good as any on watch. If anything his conduct was in his favor before this."
Question by the Accused: "Do you not remember hearing Mr. Young struck me and abused me about the time of the fight at Port Royal on Mr. Clark's watch?" Answer: "I may have heard it but have no recollection of it now."
Question by the Court: Was there any apparent intention of striking you on the part of the Accused?
Answer: I did not consider at the time that he really intended to strike me.
Question by the Court: Was it evident to you that the Accused meant you to consider yourself as being threatened to receive a blow?
Answer: I cannot say; but I do not think he intended me to consider that he was going to strike me.
Question by the Court: Describe the attitude of the Accused at the time you say he assumed an offensive attitude.
Answer: He dropped the broom and as near as I could see, doubled his fist. The ship was rolling at the time and he put one foot rather back as if to balance himself I should judge. Whether he put his foot back to balance himself or to assume a hostile attitude I cannot say.
Question by the Court: You state that the Accused "doubled his fist", for what purpose did you consider that he did this?
Answer: My impression at the time was that he did it to show me what he would do if he had me ashore.
Question by the Court: Did you report the Accused for "threating to strike" you?
Answer: I do not recollect of using those words. I think I used the words "He is violent, insubordinate and mutinous to me."
Question by the Judge Advocate: Were there others in the Engine Room beside you and the Accused at the time referred to?
Answer: The regular watch were there.
Question by the Court: Did you think at the time that he would have struck you if you had been on shore?
Answer: I did not think at the time that he would have struck me had we been on shore
The testimony was read over to the Witness who said it was correct.
The Court then adjourned to meet at 10 o'clock A.M. on the 4th viz.
Nov 4th, 1862
The Court met: Present:
Captain R. B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Comdr. A. Cummings
Lieut. Comdr. A. W. Weaver
Lieut. Allen V. Reed
Paymaster C. W. Hassler, Judge Advocate
Thomas Ferris, Coal Heaver, the Accused also present.
The proceedings of yesterday were read.
First Assist. Engineer Jefferson Young, Acting Chief Engineer of the "Pembina" was sworn as witness for the prosecution, and testified as follows:
On the 1st specification: It was about one o'clock that Mr. Van Hovenberg called me from my bed. When he woke me the first words that he said was that he had a great deal of trouble in the engine room with Ferris - or words to that effect. I enquired of Mr. Van Hovenberg what trouble he had. He answered by saying that "Ferris has been very insubordinate, refused my orders and threatened to strike me." I told Mr. Van Hovenberg that I would come in the engine room immediately.
On the 2nd specification: I followed Mr. Van Hovenberg in just as soon as I could get my boots on, and called Ferris to me. I asked him if he had threated to strike Mr. Van Hovenberg. He answered by saying "No Mr. Young, I did not threaten to strike him, but, Mr. Young, Mr. Van Hovenberg is all the time making a damned fool of me in making me sweep the floor so often." He immediately afterwards said "I would strike Mr. Van Hovenberg but I couldn't get a show of fair play here." He said in such a very impudent tone that I told him I would have to take a hold of him if he did not behave better, or something like that. I then ordered Ferris to his work, and instructed Mr. Van Hovenberg to see that he attended to his duties till the watch was up and I told Mr. Van Hovenberg also, that I would report the case to the Commander in the morning.
The Court was cleared to decide whether the question desired to be put by the Accused was admissible, and on replying the Witness was cautioned as to their tendency to criminate himself and informed that he had the privilege of declining to answer them.
Question by the Accused: Did you not about the time of the fight at Port Royal strike me and abuse me, or have you not done so since that time without taking me to the Executive Officer?
Answer: About the time of the fight at Port Royal, Ferris was working the wheel for reversing the engine and I ordered him to work the work wheel in one way and he worked it in the opposite - perhaps unintentionally. I checked him for working it wrong and he gave me some words back. I can't recollect the words but they were not very polite and I took my hand and put it over his mouth to stop his language. I intended to put it over his mouth but whether I touched his nose or mouth first I don't know. I have no recollection of having struck or abused him since that time.
Question by the Accused: When you spoke to me n the the night referred to in the specification did you not threaten to knock me down if I gave you any jaw?
Answer: No.
Question by the Accused: What has been my general character on board the Pembina?
Answer: Very good indeed - with the exception of the cases mentioned. I was very much disturbed when this happened as I had selected him for an important position in the engine room.
The testimony was read over to the witness who said it was correct.
Michael Reed, Coal Heaver on board the "Pembina" was sworn in as a witness for the Prosecution and testified as follows:
On the first specification I heard Mr. Van Hovenberg speak to Ferris who had a broom in his hand, but I did not hear what he said. Ferris followed him across the engine room and stood behind him and said "If I had you ashore I would belt you."
On the second specification: Mr Van Hovenberg then brought Mr. Young into the fireroom. Mr. Young said to Ferris: "You threatened to strike Mr. Van Hovenberg." Ferris said "No, Sir, I didn't." Mr. Young told him to shut up or he would take hold of him right away.
Question by the Accused? Did not Mr. Young threaten to knock me down if I gave him any jaw?
Answer: No.
Question by the Court: What was the position of the Accused at the time he said "If I had you ashore I would belt you."
Answer: He was standing right up straight. I didn't notice whether he had his fist shut or not.
The testimony was read over to the witness who said it was correct.
Peter Breen, 2nd Class Fireman on board the "Pembina" was sworn in as witness and testified as follows: Of the first specification I know nothing. On the second specification: Mr. Young came down to the Engine ROom and asked Ferris if he had threatened to strike Mr. Van Hovenberg, and he said "No, Sir." That is all I know about it.
Question by the Accused: Did you not hear Mr. Young threaten to knock me down?
Answer: No.
The testimony was read over to the witness who said it was correct.
Thomas Connor, 1st Class Fireman on board the "Pembina" was sworn in as witness for the prosecution and testified as follows:
The Only words I heard was I heard Mr. Van Hovenberg say "I am sorry Ferris you forgot yourself so far" then Ferris said if he had him on shore he would lick him. Whether he meant lick him there or on shore I am not positive.
On the 2nd Specification: I know nothing of that.
Question by the Accused: When Mr. Young spoke to me did you hear me answer "No, Sir." and nothing else?
Answer: I didn't hear him speak at all at that time.
Question by the Court: Did you observe that the Accused stood in a threatening attitude as if about to strike Mr. Van Hovenberg?
Answer: I do not think he was in a threatening attitude. He had a broom in one hand as he stood up and appeared just to be straitening himself up from his work.
The testimony was read over to the witness who said it was correct.
Lieut. R. Prentiss, was called by the Court and sworn as witness and testified as follows: Question by the Court: How long have you been Executive Officer of the Pembina?
Answer: Since th early part of August.
Question by the Court: Have the present "Articles of War" have been promulgated by that ships company?
Answer: They have; previous to the date specified in the charge.
Question by the Accused: What has been general character on board the "Pembina"?
Answer: As far as his duties on deck are concerned he has been invariably obedient and respectful to the officers, and attentive to his duties. That is, as far as he has come under my observation.
The testimony was read over to the witness who said it was correct.
The Accused presented the accompanying statement (marked "G") which he read.
THe statement of the part being thus in possession of the Court, the Court was cleared for deliberation, and having maturely considered the evidence advanced, found the Accused, Thomas Ferris, Coal Heaver on board the U.S. Gunboat "Pembina" as follows:
The first specification: Proven, except the words "Did place himself in a threatening attitude as if to strike Mr. Van Hovenberg."
The second specification: Proven.
Of the charge: Guilty; and the Court do therefore sentence the said Thomas Ferris, Coal Heaver on board the U.S. Gunboat "Pembina" to:
Three months confinement in the prison at the Pensacola Navy Yard, or where ever the Commander in chief may direct, with the loss of pay for that time.
Captain R. B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Comdr. A. Cummings
Lieut. Comdr. A. W. Weaver
Lieut. Allen V. Reed
Approved and ordered to be carried in the execution, D. G. Farragut.
Statement by the Court: The Court has been induced to pass so mild a sentence from the discrepancy of the testimony of the principal witnesses with the Report made by him, and on which the charges were drawn; together with the strong testimony of the geneal good character of the Accused
Captain R. B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Comdr. A. Cummings
Lieut. Comdr. A. W. Weaver
Lieut. Allen V. Reed
The Judge Advocate then was directed to inform the Admiral that there was no further business before them whereupon the annexed communication marked "H" was received when the Court adjourned sine die.
C. W. Hassler, Judge Advocate.
"A"
Flag Ship Hartford
Pensacola Bay, October 24, 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 U.S. Ship Susquehanna on this 24th day of October 1862, or as soon as 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. Galandan is hereby appointed Judge Advocate.
D. G. Farragut
Rear Admiral
Commanding W. G. Blg. Sqdn.
"B"
Flag Ship Hartford
Pensacola Bay
Oct. 28, 1862
Sir
You are hereby appointed to Judge Advocate of a General Court Martial now in session on board the U.S.S. "Susquehanna" and will report to Capt. Robert B. Hitchcock the presiding member for duty in place of Mr. E. C. Garandan.
Very respectfully
Your Obedient Servant
D. G. Farragut
Rear Admiral
Comd'g West. Block'g Squad.
To
Paymaster
Charles W. Hassler
U.S. Sloop "Oneida"
Reported Oct 28th
R. B. Hitchcock
Captain
"F"
Charge, and specifications of a charge, preferred by Rear Admiral David G. Farragut, U.S. Navy, Commanding Western Gulf Blockading Squadron, against Thomas Ferris, Coal Heaver, on board the U.S. Gun Boat Pembina
Charge
Assaulting and threating to strike his superior officer while in the execution of the duties of his office.
Specification 1st
In this, that, on or about the twenty-fourth day of October, one thousand eight hundred and sixty two, the said Thomas Ferris, Coal Heaver, while at sea in the Gun Boat Pembina, and when ordered by 3rd Asst. Engineer, John Van Hovenberg, to sweep the engine room, did place himself in a threatening attitude, as if to strike Mr. Van Hovenberg, and did say to Mr. Van Hovenberg "Holy Jesus! I wish I had you ashore," or words to that effect.
Specification 2nd
In this, that, on or about the twenty-fourth day of October, one thousand eight hundred and sixty two, the said Thomas Ferris, Coal Heaver, while at sea in the Gun Boat Pembina, and when asked by 1st Asst. Engineer Jefferson Young if he had threatened to strike Mr. Van Hovenberg, did answer "Mr Van Hovenberg was making a damned fool of me; and I would strike him, only I couldn't get a show of fair play here," or words to that effect.
D. G. Farragut
Rear Admiral, U.S.N.
Comd'g Western Gulf Block'g Squadron
Flag Ship Hartford
Pensacola, Florida
November 1st, 1862
List of witnesses
1st Asst. Eng Jefferson Young
3rd Asst. Eng John Van Hovenberg
1st Class Fireman Thomas Connor
2nd Class Fireman John Moore
2nd Class Fireman Peter Breen
Coal Passer Michael Reed
"G"
At the time mentioned I was unwell and very easily excited and very soon after I had made use of the words for which I am accused of I felt very sorry and resolving to do better in future hopes they would be forgotten.
The previous treatment I had received from Mr. Young was such as to injure my respect for him and almost totally destroyed it. He had on two different occasions struck me and is neared by all the men in the fireroom for his harshness and abusive language.
I desire specifically to call the attention of the Court to the testimony which has been given in favor of my general good character
Respectfully
Thomas Ferris
"H"
Flag Ship Hartford
Pensacola Bay, November 5, 1862
Sir
There being no further business before the Court, it is hereby dissolved.
Very respectfully,
Your obedient Servant
D. G. Farragut
Rear Admiral
Captain R. B. Hitchcock
Senior Member General Court Martial
U.S. Steam Sloop Susquehanna
Pensacola Bay
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