Thomas Henderson, Acting Third Assistant Engineer, USS Estrella

Thomas Henderson was dismissed from the Navy effective 22 August 1863. The Estrella's log is not digitized yet, so it is unknown if he actually served his 30 days sentence on bread and water or was just discharged (he did not serve it aboard the Hartford per her logs). Of the two sailors Henderson assaulted, John Gould died of yellow fever at Quarantine Station on 2 November 1863 and Louis DuBree was burned in a shipboard incident and MEDSEP'ed 26 Nov 1864.

Proceedings of a Naval General Court Martial convened on board the US Steam Sloop Hartford by order of Rear Admiral D. G. Farragut, in the case of Thomas Henderson, Acting Third Assistant Engineer, U. S. Navy.

July 18, 1863

At 11.50 AM, the court having finished the case of Claude Babcock, Acting First Assistant Engineer, US Navy, proceeded to take up the case of Thomas Henderson, Acting Third Assistant Engineer, U. S. Navy.

All the members and the Judge Advocate being present, the accused, Thomas Henderson, Acting Third Assistant Engineer, U. S. Navy, was called into Court.

The order convening the Court was then read aloud by the Judge Advocate.

The Accused not objecting to any member therein named; the Judge Advocate was duly sworn by the Presiding Member and the Court was duly sworn by the Judge Advocate.

The charges were then read aloud by the Judge Advocate.

Question by the Judge Advocate: Mr. Henderson, you have heard the Charges preferred against you, how say you, guilty or not guilty?

The accused, Thomas Henderson, Acting Third Assistant Engineer, U. S. Navy, then plead as follows:

Of the First Charge: Guilty
Of the Second Charge: Not Guilty
Of the Third Charge: Not Guilty

Acting Ensign George P. Pomeroy was called into Court as a witness for the prosecution.

Question by the Judge Advocate: What is your name and rank in the US Service?

Answer: G. P. Pomeroy, Acting Ensign.

The Charges and Specifications were then read to the witness who testified as follows:

The accused came to me in the evening and wished permission to go on shore. I told him he could go, but must return before 12 o'clock, he did not return until the next morning at 8 o'clock and then came on board intoxicated - he reported to me and I told him to go to his room until further orders. The Captain was not on board at the time. The accused went below and in a few moments, Boatswain's Mate Lewis DuBree came up to me and said that the accused had been quarreling with and had struck him several times, he stated also that the accused had been striking the ship's cook. This was reported to me. I then we to below found him there noisy, told him to go to his room and stay there, otherwise I should have him pit there. I went on deck again, attending to the ship's duty, and found the accused going on shore on the ship's plank, he had got nearly ashore before I saw him. I called him by name and told him to come on board again, but he paid no attention. I went down and spoke to the Captain who also saw him and called him but the accused paid no attention to him. The accused was then absent until the 16th or 17th instant when he came on board more intoxicated than before. He had been reported absent to the admiral. The admiral gave orders to the captain to have him apprehended, the captain gave me the order and I went to the Police Station and left word, the accused however came on board himself.

Cross-examined by the Accused: What time did I come onboard and what did I quarrel with the men for?

Answer: At 8 A.M. I do not know what he quarreled with the men for.

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

Acting Second Assistant Engineer Robert Stoll, a witness for the prosecution was then called into Court and sworn.

Question by the Judge Advocate: What is your name and rank in the US Service?

Answer: Robert Stoll, Acting Second Assistant Engineer in Charge on board the Estrella.

The Charges and Specifications were read to this witness who testified as follows:

I was not on board at the time and the Executive Officer reported to me what had taken place. I know nothing personally. I know that the accused was absent from the 14th to the 17th, or at least he was off two or three days.

Question by the Judge Advocate: Did the accused ask you leave to go on shore on the 14th of July 1863?

Answer: No sir.

Question: Do you know whether the accused had leave to absent himself from his ship at the time specified?

Answer: I only know that he did not ask permission from me.

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

John J. Pierce, Acting Third Assistant Engineer, a witness for the prosecution was then called into Court and sworn.

Question by the Judge Advocate: What is your name and rank in the US Service?

Answer: John J. Pierce, Acting Third Assistant Engineer.

The Charges and Specifications were read to this witness who testified as follows:

I do not know whether the Accused went with or without leave. I only know he went. Of the assaults I can say I know nothing. I saw neither one of them.

Question by the Judge Advocate: Do you know that the Accused was absent from the vessel from the 14th to the 17th of July?

Answer: As regards to dates I can not say, he was absent that length of time, about three days.

Question: Did you see John Gould or Lewis DuBree fall down followed by the accused?

Answer: I did.

Question: Which one of the two did you see fall, where, when and how?

Answer: I was sitting in the mess room taking my breakfast, heard a noise in the Port Gangway and when I leaned over to look out of the door I saw this man John Gould come tumbling down from the raise of the deck with Mr. Henderson in pursuit, they passed aft out of my sight.

At the advice of the Presiding Member, the witness corrected his direct testimony by saying that "he saw neither of them struck" instead of saying that he "saw neither one of them." The witness acknowledged his testimony to be as he gave it.

At 12.50 the Court adjourned subject to the call of the Presiding Member so as to obtain a witness for the prosecution.

At 1.05 P.M., the Court met pursuant to adjournment. Present all the members, the Judge Advocate and the Accused.

Louis C. DuBree, a witness for the prosecution was called into Court and sworn.

Question by the Judge Advocate: What is your name and rate in the U.S. Service?

Answer: Lewis C. DuBree, Boatswain's Mate.

The Charges and Specifications were then read to this witness who testified as follows:

I went into the Engine Room on duty saw Mr. Henderson there, and spoke to the Engineer on watch, asked what he required of some men I had had working for him and Mr. Henderson came over to me and wanted to know what I wanted there, I told him I did not want anything to do with him, he then commenced abusing me with his tongue and then struck me. I left the Engine Room, anything further I know nothing about.

Question by the Judge Advocate: Who was the Engineer of the Watch?

Answer: Mr. Pierce.

Question: Did he see the accused strike you?

Answer: Yes Sir.

Question Did you see the accused strike John Gould?

Answer: No Sir.

Question: What time did this occurrence take place?

Answer: It was in the forenoon.

Accused did not desire to cross-examine.

Question by the Court: Why did you tell Mr. Henderson that you wanted nothing of him?

Answer: Because I knew he had hard feelings against me, and it was not his watch.

Question: Was the Accused intoxicated at the time?

Answer: He was.

Question: Do you remember any part of the abusive language used by the Accused, state it?

Question: I do not remember any part.

Question: Who was in the Engine Room besides Mr. Pierce, Mr. Henderson and yourself?

Answer: Mr. Mason, Engineer, and others whom I do not recollect.

This testimony was read over to the witness who acknowledged it to be correct.

At 2 PM, the Court adjourned to meet at 10 AM on Monday, July 20th, 1863.

July 20th 1863
At 10 AM, the Court met pursuant to adjournment. Present:
Commodore James S. Palmer
Commander Louis C. Satori
Lieutenant Commander W. M. Gamble
Lieutenant Commander R. F. R. Lewis
Lieutenant Commander John Walters
Lieutenant Commander Ed. E. Potter
Lieutenant Commander Geo A. Bigelow
and E. C. Gabandan, Judge Advocate
also the Accused, Thomas Henderson, Acting Third Assistant Engineer, US Navy

The proceedings of Saturday were read over.

John Gould, Ship's Cook, a witness for the prosecution was called into Court and sworn.

Question by the Judge Advocate: What is your name and rate in the Service of the United States?

Answer: John Gould, Ship's Cook.

The Charges and Specifications were read to the witness who testified as follows:

There was a little difficulty when the accused came on board. I met him in the Starboard Gangway, I was coming from aft forward. I had always been on good terms with him. I said something jokingly to him and he struck me. I then went away and he pursued me a few steps and struck me again. I asked him if he meant it and had hardly got the words out of my mouth when he struck me somewhere in the face. I then shoved him and ran aft again. He pursued me aft. I went to get out of his way and ran though the Captain's Cabin and by that means he lost sight of me.

Question by the Judge Advocate: About what time did this occur?

Answer: In the morning, last Wednesday.

Question: You say when the accused came aboard there was a little difficulty. What difficulty do you refer to, his striking you?

Answer: Yes Sir.

The accused did not desire to cross examine this witness.

Question by the Court: Did any one see the accused strike you?

Answer: I could not say. I could not recollect any one by.

Question: What did you say jokingly to the Accused?

Answer: I do not recollect.

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

Charles L. Mason, a witness for the prosecution was called into Court and sworn.

Question by the Judge Advocate: What is your name and rank in the Service of the United States?

Answer: Charles L. Mason, Third Assistant Engineer, Acting.

The Charges and Specifications were read to this witness who testified as follows:

I saw Mr. Henderson come in the Engine Room that day. I do not exactly recollect the time, DuBree came in shortly afterward. DuBree asked one some questions. I forget what question it was. Mr. Henderson was a little intoxicated at the time and slapped DuBree in the face. That is about all I saw regarding DuBree. I then saw Mr. Henderson chasing Gould in the gangway. That is all I remember that I saw.

Question by the Judge Advocate: Was Mr. Price in the Engine Room at the time Mr. Henderson struck DuBree the Boatswain's Mate?

Answer: I do not know whether he was in the Engine Room at the time or not. He was in shortly before and went to the dining room.

Question: Did Mr. Pierce see Mr. Henderson strike DuBree?

Answer: I think he did not.

Question by the Court: Did you see the Accused assault Gould on the day specified?

Answer: I did not see Mr. Henderson strike Gould. I saw him chase Gould and I think from the noise I heard he struck him before I saw them.

The Accused having no final defense to offer, the Court was then cleared for deliberation and having maturely considered the evidence adduced, do find the Accused, Thomas Henderson, Acting Third Assistant Engineer, U.S. Navy as follows.

Of the Specification of 1st Charge: Proven by plea
Of the First Charge: Guilty by plead
Of the Specification of 2nd Charge: Proven
Of the Second Charge: Guilty
Of the Specification of 3rd Charge: Proven
Of the Third Charge: Guilty

and do therefore sentence the Accused, Thomas Henderson, Acting Third Assistant Engineer, U.S. Navy, as follows.

To be confined in double irons for thirty days on board on bread and water, to forfeit all pay and subsistence due him and to be dismissed from the Navy and rendered forever incapable of being employed in the Service of the United States.

This sentence to be publicly read on the Quarter Deck of all vessels of the Navy.

Commodore James S. Palmer
Commander Louis C. Satori
Lieutenant Commander W. M. Gamble
Lieutenant Commander R. F. R. Lewis
Lieutenant Commander John Walters
Lieutenant Commander Ed. E. Potter
Lieutenant Commander Geo A. Bigelow
E. Gabaudan, Judge Advocate

Approved and forwarded for the approval of his Excellency the President
D. G. Farragut

At 1.45 the Court adjourned to meet at 10 a.m. July 21. Mr. Gabaudan was relieved from duty as Judge Advocate by the communication C appended to this record.

Flag Steamer Tennessee
New Orleans, July 13, 1863

By virtue of Authority vested in me, by order of the President of the United States, in accordance with Article 11 of an Act entitled "an Act for the better government of the Navy of the United States," approved July 17th, 1862, a Naval General Court Martial is hereby ordered to conven on board the US Steam Sloop Hartford 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:

D. G. Farragut
Rear Admiral
Commanding W. G. B. Squadron

Charges and Specifications of Charges preferred against Thomas Henderson, Acting Third Assistant Engineer, US Navy.

Charge First: Drunkenness
(Art 7, Sec 2, Articles of War)

Specification: In this that the said Thomas Henderson, Acting Third Assistant Engineer, US Navy, was seen drunk at the City of New Orleans, Louisiana, on or about the 14th day of July 1863.

Charge Second: Absence without leave
(Art 7, Sec 10, Articles of War)

Specification: In this that the said Thomas Henderson, Acting Third Assistant Engineer, US Navy, did on or about the 13th day of July 1863, absent himself from the US Steamer Estrella without leave.

Charge Third: Assault
(Art 7, Sec 3, Articles of War)

Specification: In this that the said Thomas Henderson, Acting Third Assistant Engineer, US Navy, did on or about the 14th day of July 1863, go on board the US Steamer Estrella and assault Louis C. DuBree, Boatswain's Mate, and John Gould, Ship's Cook, attached to the said Steamer Estrella.

D. G. Farragut
Rear Admiral
Flag Steamer Tennessee
New Orleans, July 17, 1863

Witnesses:
Acting Ensign G. B. Pomeroy
Acting Master's Mate J. B. Scott
Acting Master's Mate Witmore
Acting 2nd Asst. Engineer Robert Stoll
Acting 3rd Asst. Engineer John L. Pierce

United States Flag Steamer Tennessee
New Orleans, July 20 1863

At Mr. Gabaudan's request, he is hereby excused from serving as Judge Advocate on the Court Martial and Mr. Vandeuhount will relieve him.

Very Respectfully
D. G. Farragut
Rear Admiral

Commodore
James S. Palmer
Presiding Officer

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