Naval Court of Inquiry into Acting Volunteer Lieutenant Benjamin W. Mauton

Proceedings of a Court of Inquiry convened on board the US Iron Clad Steamer Essex by virtue of the order hereunto annexed marked "A"

USS Steamer Essex
At Anchor off New Orleans
10:25 AM, November 10, 1862

The Court met pursuant to the order.

Present
Commander C. H. B. Caldwell, Senior Member
Lieutenant Commander R. B. Lowry and Lieutenant Commander George Dewey, members, and A. Vanden Heuvel, Recorder. The accused, Acting Volunteer Lieutenant Commanding Benjamin D. Manton also present.

The Recorder read the order convening the Court.

The Court was then duly sworn by Recorder and the Recorder was duly sworn by the Senior Member of the Court in the presence of the Accused.

The Recorder then asked the accused if he objected to any member of the court, to which he replied no.

The Recorder then asked the accused if he wished to employ Counsel, to which he replied No.

Question by the Recorder: You have heard the charge and specification read, how say you guilty or not guilty?

To which the accused pleaded not guilty.

Acting Master Frederick T. King, was called, duly sworn and testified as follows:

Question by the Recorder: What is your name and rank in the Navy of the United States?

Answer: Frederick T. King, Acting Master and attached to the US Steamer Mississippi.

Question by the Recorder: You have heard the charge and specification just read, please state to the Court all you know in relation to them.

Answer: On Sunday night, about the 14th of September last, I came into the cars from Lake-Port. Captain Manton was in the Car. We stopped to connect with the City Cars at about half past seven or eight o'clock. While waiting for the car, I should think that there were from fifty to sixty people waiting besides myself. The car arrived and as persons were getting out and in, a fight took place. I saw two persons knocked down. The party then dispersed and proceeded to the opposite corner where the fight was kept up. I asked the two gentlemen who were knocked down, the cause of it, they did not know. I saw Captain Manton make an attempt to throttle Doctor Dick of the Pensacola. I told him that he was an officer in the Navy. I immediately left. I should say that Captain Manton was not intoxicated. He was in his uniform of Lieutenant Commanding.

Question by the Court: Was the accused engaged or involved in this fight that you saw?

Answer: Yes, he was engaged as a principal.

Cross-examined by the Accused: Was Doctor Dick in his uniform or citizen's dress?

Answer: I think in Citizen's Dress. I am not positive.

Question by the Accused: Was it very dark at the time?

Answer: It was, there was no moon.

Question by the Accused: Did I desist upon learning that he was an officer?

Answer: You did. You made no further attempts.

Question by the Accused: Did you hear me say that I had been attacked?

Answer: I did.

Question by the Court: You say that the accused was not drunk, was he under the influence of liquor, and was his conduct that of a gentleman and officer?

Answer: He had been drinking. His conduct was not that of a gentleman and officer at that time.

Question by the Accused: If I had been wantonly attacked and cruelly beaten without cause, was my conduct proper, and could not the excitement from the assault be mistaken for that from drink?

Answer: I do not think it was. I think it could have been.

Assistant Surgeon W. B. Dick was then called, duly sworn and testified as follows.

Question by the Recorder: What is your name and rank in the Navy of the United States?

Answer: Walter B. Dick, Assistant Surgeon and attached to the US Sloop Pensacola.

Question by the Recorder: You have heard the charge and specification just read, please state to the Court all you know in relation to them.

Answer: On the afternoon of Sunday the 14th of September, I was dining with a company at a hotel at Lake Port. A short time before leaving I joined with others a company in an other room. While there I saw Captain Manton in a condition which lead me to suppose that he had been drinking. We started home in the last train of cars together. The cars stopped at a point were Dauphin Street intersects the Pontchartrain Rail Road. In getting out I saw Captain Maunton who was then intoxicated with others, engaged in a street fight. When I attempted to interfere for the purpose of stopping the fight, Captain Manton attempted violence. Although I saw him participate in the fight, I did not see him assault any person.

Question by the Court: Was the accused in his uniform. Was his conduct that of a gentleman and officer, and did he throttle you?

Answer: He was in the uniform of his rank, it was not that of an officer and gentleman. He made the attempt to throttle me, but was prevented. I was not in uniform.

Cross-examined by the Accused.

Question by the Accused: Was the night a dark one? Could the excitement consequent upon a severe assault be mistaken for intoxication, if had been cruelly beaten without cause?

Answer: It was dark in that locality, but there was light furnished by the street lamps. I think he was suffering under the two influences combined. Captain Manton and his party were, in my opinion, the instigators of the fight.

What reason have you for thinking Lieutenant Manton instigated the difficulty?

Answer: Because the party in Captain Manton was were under the influence of liquor, and he was engaged with them in the disturbance. Also the person who were injured by that party, were evidently peaceable citizens and could not account for the assault. I do not think Captain Manton was the principal in the fight, and I think he engagement in it through sympathy with those who were more actively engaged in it.

Question by the Accused: Did you hear Lieutenant Manton say he had been attacked?

Answer: I do not remember that he did.

Paymaster George S. Davis was called, duly sworn and testified as follows:

Question by the Recorder: What is your name and rank in the Navy of the United States?

Answer: George S. Davis, Paymaster and attached to the US Sloop Pensacola.

Question by the Recorder: You have heard the charge and specifications just read, please state to the Court all you know in relation to them?

Answer: I know nothing relating to them at all.

The Court adjourned at 12:15 PM to meet again tomorrow morning at ten o'clock in the forenoon.

US Steamer Essex
At Anchor off New Orleans
10:15 AM, November 11, 1862

The Court met pursuant to adjournment. Present all the members, Judge Advocate and the Accused.

Lieutenant Commander P. C. Johnson was then called, duly sworn and testified as follows:

What is your name and rank in the Navy of the United States?

P. C. Johnson, Jr., Lieutenant Commander, Commanding US Steamer Tennessee.

Question by the Recorder: You have heard the charge and specification read, please state to the Court what you know in relation to them.

Answer: On or about the 14th of September I was in Company with Captain Manton, rode in the cars from Lake Port to the City. I saw nothing to indicate that he was intoxicated. After I had gotten out of the cars, I several people knocked down. Captain Manton was among the party and I saw him strike a man. I endeavored to leave the cause of the trouble, but was unable to do so at that time. I thought it originated with some of the officers, there was an Army officer with the party and I believe he originated it, and consequently reported Captain Manton to Commodore Morris as being engaged in a street fight with his uniform on. Since then I have learned that Captain Manton was attacked and acted only on the defensive.

Question by the Court: From whom or how did you learn that he was attacked and that the accused acted solely on the defensive?

Answer: From the Accused.

Question by the Court: What was the name of the Army Officer who you thought commenced the disturbance?

Answer: He was introduced to me as Lieutenant Weigle.

Cross-examined by the Accused:

Question by the Accused: Do you believe my conduct to have been that of an officer and a gentleman under the circumstances?

Answer: Yes, if he was attacked

Question by the Court: You say that you saw the accused strike a man, was that man striking the accused?

Answer: I did not see the accused struck.

Question by Accused: Was it quite dark at the time?

Answer: It was not so dark but what I could recognize a person across the street.

Question by the Court: Was the accused attacked? To your knowledge? And do you know whether he could have kept out of a broil with sufficiently strangers had he had the disposition to do so?

Answer: I do not know.

Question by the Court: If he was not attacked was his conduct un-officer-like and ungentlemanly?

Answer: Yes I think it was.

Question by the Court: Why were you and other officers in the same company not attacked likewise?

Answer: Because probably we were further removed. Whist standing on the sidewalk, Lieutenant Weigle came up and took hold of me as if to attack me, but was interrupted immediately by some one, I do not know by whom. I immediately left.

Question by the Accused: Did you see a person in his shirt sleeves run out of a store and attack Lieutenant Manton and friends?

Answer: I saw a man attack him and his friends, but I cannot say whether the man was in his shirt sleeves or not. My impression is that he was.

Question by the Court: Did this man attack Lieutenant Manton or his friends?

Answer: I am unable to say.

Assistant Surgeon H. M. Welles was called, duly sworn and testified as follows:

Question by Recorder: What is your name and rank in the Navy of the United States?

Answer: Henry M. Welles, Assistant Surgeon and attached to the US Steamer Tennessee

Question by the Recorder: You have heard the charge and specification just read, please state to the Court all you know in relation to them.

Answer: I was present on the occasion and was a witness to nearly the whole affair. I saw Captain Manton at the time. We got out of the cars and I saw two men fall. I asked what is the matter and Captain Manton said I have been struck. I saw Captain Manton defend himself and I do not think he was intoxicated neither disgrace his uniform. I am satisfied he was acting on the defensive.

Question by the Court: Who struck the first blow, of your own knowledge?

Answer: I saw a man strike at Captain Manton first, and I saw Captain Manton defend himself.

Cross-examined by the Accused.

Question by the Accused: Did you see me engage in the difficulty before you heard me say I had been struck?

Answer: I did not.

Question by the Accused: Was my conduct officer-like and gentlemanly during the whole affair, in your opinion.

Answer: Yes it was.

Question by the Court: Was the accused one of your party. Was he intoxicated or under the influence of liquor?

Answer: Yes he was. No he was not intoxicated in my opinion. My opinion is that he was under the influence of liquor.

Question by the Court: Can you explain to the Court more clearly the cause and commencement of the fight, and if the accused could not have avoided being attacked or being engaged in a fight?

Answer: I know is what I have already stated. I do not think he could have avoided it.

Question by the Accused: Might not the excitement resulted from a severe blow, having been mistaken for that of the wine drank at dinner?

Answer: I think it might.

Question by the Court: Did you attribute it at the time to the effect of liquor or excitement.

Answer: To excitement.

The Court being in possession of all the evidence, adjourned sine die.

Lieutenant Commander James Stillwell, one of the most important witnesses for the prosecution, having been ordered to the US Gunboat Pinola, the Court was unable to obtain his testimony.

C. H. B. Caldwell, Senior Member
A. Vanden Heuvel, Recorder.

Copy A

Flag Ship Hartford
Pensacola Bay, Sept 26, 1862

Sir, You are hereby appointed senior member of a court of inquiry for the purpose of investigating a charge of habitual intoxication preferred against Acting Master Commanding C. Huggins, also one of intoxication and disgraceful conduct preferred against Acting Volunteer Lieutenant Commanding B. D. Manton.

The Court will be composed of Captain Melancton Smith, Presiding Officer, and Commander C. H. B. Caldwell and Lieutenant George Dewey members, and A. Vanden Heuvel, recorder.

The Court will convene on the sixth day of October 1862 or as soon thereafter as circumstances will permit, on board of the USS Mississippi.

In your proceedings you will be govern by Articles 14:23:24 and section 1 of Art. 24 of the Act of Congress, Approved July 17, 1862 and entitled "An act for the better government of the Navy of the United States."

Very Respectfully
Your Obedient Servant
D. G. Farragut
Rear Admiral
Commanding W. G. Blg. Squad.

Captain M. Smith
Commanding US Steamer Mississippi
Off New Orleans

US Steamer Mississippi
New Orleans, Oct 6, 1862

Owing to the indispensable duties of the squadron now in the Mississippi Rover, the Court cannot meet on the day named in the foregoing precept; therefore, I, as Senior Officer of said Court do hereby postpone the meeting of said Court until the 21st day of October, 1862.

Melancton Smith, Captain
Senior Member of Court

USS Pensacola
New Orleans, Oct 18, 1862

Commander C. H. B Caldwell is hereby ordered to act as Senior Member in the Court ordered in the foregoing precept; and the Court will meet on board the US Steamer Essex under his Command on Tuesday the 21st inst; at 10 o'clock in the forenoon; and Lieutenant Commander R. B. Lowry is ordered as a member of the Court.

Henry W. Morris
Commodore
and senior officer

New Orleans, Nov 12, 1862

Sir
The Court of Inquiry having closed their investigation of the charge brought against me, I desire respectfully to state that upon Sunday Sept 14, 1862, I took dinner at Lakeport with a party of friends - that I returned in company with them together with several Naval Officers in the 9 o'clock train to the City - that upon leaving the cars I was instantly attacked, knocked down in the most wanton manner, and severely injured by a gang of rowdies, that I defended myself to the best of my ability until the Police arrived and took the offenders into custody - when I repaired to my quarters. To the charge of intoxication, I offer my earnest denial and three of the four witnesses examined sustained me fully in this assertion - Dr. Wells believes that a person cannot take a glass of wine at dinner without an influence, - and accordingly he conscientiously answered the question as he did, though he is entirely of the opinion that I did nothing to disgrace the uniform upon that evening. Feeling my entire innocence of all blame, I rest confidently upon the testimony as it stands - but should it please you Sir, I desire you may call before you Chief Engineer Larson of the Mississippi, who by accident was omitted among the witnesses.

A stranger in this squadron, I cannot but offer the testimonial of Admiral DuPont upon my leaving his Squadron, as also the kind letter of Lieut. Comdr. John Madigan, senior officer at Ship Island, together with my diploma as an approved ship master in the merchant marine, and in conclusion to express my extreme mortification that such a charge should ever have been made.

I am sir, with the highest respect
Your obedient servant
Benj. D. Manton
Acting Lieutenant Commanding
US Ship Relief

PS
I also desire to respectfully to append Lt. Johnson's letter to Commodore H. W. Morris - or rather a copy of same.

US Steamer Tennessee
Ship Island, Sept 28, 1862

Sir
Acting Vol. Lieut. Manton has explained to my satisfaction the circumstances of the difficulty which occurred on the streets of New Orleans on the evening of the 14th inst. I think that the fact of his being attacked (which I Was not aware of at the time) was quite sufficient for him to defend himself to the best of his ability.

The circumstances of the attack, and the excitement attending it, might explain the apparent intoxication which I reported.

Respectfully
Your Obedient Servant
P. C. Johnson
Lt. Comdr. USN

Commodore
Henry W. Morris
Commanding US Forces off New Orleans

Office Chief Quarter-Master
Department of the Gulf
New Orleans, Oct 4, 1862

Sir
I am surprised to hear that charges have been made against you for defending yourself from the gross attack made by a party of rowdies on the evening of the 14th inst as we were returning from Lakeport, as I was a witness of the whole affair and arrested one of the parties that dealt you the blow, I beg you will call upon me at any time you require proof of the matter.

To the charge of intoxication, I am as positive it cannot be sustained against you.

Very Respectfully
Your Obedient Servant
Wm. H. Weigel
1st Lieutenant

To
Lieut. B. D. Manton, USN

USS Vincennes Nov 7, 1862

Dear Sir
I am not aware of anything in your conduct during the time I have been here at Ship Island, that could be in the least considerable. On the contrary, I have ever looked upon you as in every way worthy of the position to which you are appointed. Your request to me to inspect the Relief I compiled with, I did so when it could not have been expected, so that I could see the usual working condition of the ship. I went on board between two and three o'clock in the afternoon, I inspected the ship carefully as to her cleanliness and general condition. I found everything in good order, and creditable to you as the head of affairs. I have had a good opportunity to judge of the discipline and good order in which your ship is kept, and I can say truly that I believe she's in most excellent discipline, remarkably good order and as efficient as the means under your control will admit of. I can cheerfully bear testimony to your unexceptional conduct as an officer and gentleman during our brief acquaintance, and I hear all the others who know you in this vicinity, speak of you in the highest terms of commendation. Hoping soon to welcome you to your command, aquitted of all blame, I remain

Yours truly
Lieut. Comdr. John Madigan
Commanding USS Vincennes
Ship Island

B. D. Mauton
Commanding USS Relief

Flag Ship Wabash
Port Royal Harbor, SC
May 28, 1862

Sir
I avail myself of this occasion to express my warm commendation of the zeal, ability and readiness which you have always shown under my command in this squadron.

Respectfully
Your Obedient Servant
S. F. DuPont
Flag Officer Commanding
South Atlantic Blockading Squadron

Acting Vol. Lieut. B. D. Mauton
Commanding USS Relief
Port Royal, SC

Charge and Specifications of Charge preferred by Commodore Henry W. Morris, commanding US Sloop Pensacola and Senior Officer present in the Mississippi Rover, against Acting Volunteer Lieutenant Benjamin D. Manton, US Navy, Commanding US Store Ship Relief.

Charge: Intoxication and disgraceful conduct

Specification First: In this that the said Acting Volunteer Lieutenant Benjamin D. Manton, was on or about the 14th day of September, 1862, intoxicated while on shore at New Orleans, Louisiana.

Specification Second: In this that he, the said Acting Volunteer Lieutenant Benjamin D. Manton, while in a state of intoxication, did become involved in a fight on the 14th day of September 1862, or thereabouts in the City of New Orleans, he being at the time in the uniform of his rank.

Henry W. Morris
Commodore and Senior Officer
US Sloop Pensacola
New Orleans, September 30th, 1862

Witnesses to the above charge and specifications:
Lieut. Comdr. James Stillwell
Paymaster George S. Davis
Assistant Surgeon Walter B. Dick
Acting Master Frederick T. King

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