United States vs. 2LT E. B. Sturgeon, USMC

Proceedings of a Naval General Court Martial, convened on board the USS Portsmouth, off New Orleans, on the 21st day of October 1863, pursuant to the order hereto annexed, marked "A".

The Court met pursuant to order.

Present
L. C. Satori, Commander, US Navy
Melanchon B. Woosley, Commander, US Navy
James Stillwell, Lieutenant Commander, US Navy
Chester Hatfield, Lieutenant Commander, US Navy
George H. Perkins, Lieutenant Commander, US Navy
S. R. Greshan, Captain, US Marine Corps
W. H. Hale, 1st Lieutenant, US Marine Corps
Acting Assistant Paymaster C. L. Burnet, Judge Advocate

USS Portsmouth, Oct 21 1863
10:20 AM

The order convening the Court was read. The accused Second Lieutenant E. B. Sturgeon, United States Marine Corps, being present.

The accused was then asked if he had any objection to any member of the Court, to which he answered that he had none.

The prescribed oath was then administered to the Judge Advocate by the President of the COurt, and the Court was afterwards duly sworn by the Judge Advocate in the presence of the accused.

The accused was then asked if he wished for counsel, and if he was ready for trial, to which he replied that he did not wish for counsel and that he was ready for trial.

The charges and specifications were then read aloud to the prisoner by the Judge Advocate and the prisoner was asked whether he pleaded guilty or not guilty.

The prisoner pleaded not guilty to the first charge and to the second charge he pleaded guilty. The charges and specifications are hereto annexed marked "B".

Lieutenant Commander Frederich V. McNain was then called and duly sworn by the President.

Question by the Judge Advocate: What is your rank and to what vessel are you attached.

Answer: Lieutenant Commander in the US Navy and am attached to the USS Pensacola.

Question by the Judge Advocate: Will you state fully everything you know in relation to the first charge preferred against 2LT E. B. Sturgeon, US Marine Corps.

Answer: I think it was on the 16th day of October, 1863, Mr. Sturgeon stated to me that Commodore Bell had ordered him to attend to the making of his ramrods and with my permission he left the ship for this purpose. On the following day, the 17th of October, finding that Mr. Sturgeon had not returned on board, I sent an officer Mr. King on shore to bring him off. Mr. King returns on board and reported Mr. Sturgeon as being dead drunk at the St. Charles Hotel. I ordered Mr. King to wait until evening and then bring him on board. At about 7 PM Mr. King returned on board with Mr. Sturgeon.

Question by the Judge Advocate: At what hour did Mr. Sturgeon go on shore.

Answer: About 3 PM of the 16th.

Question by the Judge Advocate: Did he state to you that there was any limit to the leave granted to him and if so, what.

Answer: He did not state that there was any limit to his leave of absence.

Question by the Court: What is the rule on board ship about returning on board.

Answer: That no officer shall remain not off the ship after midnight without special permission from the Commodore, or in his absence, from the Executive Officer.

The direct examination here closed and the prisoner asked the following question.

Question: Does the rule of staying out of the ship relate to duty or leave.

Answer: The order does not specify but relates to all.

The testimony or the witness was then read over to him.

First Assistant Engineer John Purdy, was then duly sworn by the President of the Court.

Question by the Judge Advocate: What is your rank and to what vessel are you attached.

Answer: First Assistant Engineer and attached to the USS Pensacola.

Question by the Judge Advocate: Will you state fully what you know in relation to the charges preferred against 2LT E. B. Sturgeon.

Answer: I know nothing in relation to the first charge. I was on shore with Acting Master King and he informed me that he was on duty for the arrest of Mr. Sturgeon. I visited the room Mr. Sturgeon was occupying, in company with Mr. King and found Mr. Sturgeon lying in bed. I would supposed in a state of intoxication. Mr. King removed the clothes lying around from the room and locked the door and left directions at the office not to allow the door to be opened. We then returned to the ship. In the evening of the same day, I was present with Mr. King and he informed me that he was on the same duty of arresting Mr. Sturgeon. This time we found Mr. Sturgeon in Paymaster Stevenson's room. From that room Mr. Sturgeon accompanied Mr. King on board the ship.

Question by the Judge Advocate: What was the indications of drunkenness which you observed when you first saw Mr. Sturgeon in his room?

Answer: The position in which he was lying and the appearance of his face and his clothing. His face was flushed, his eyes very red, his clothes dirty.

The direct examination have closed, the witness was then cross examined by the prisoner.

Question: Did you see me drink anything when you saw me in bed.

Answer: No sir.

The testimony of the witness here closed.

Acting Master F. F. King was duly sworn.

Question by the Judge Advocate: What is your rank and to which vessel are you attached.

Answer: Acting Master onboard the US Sloop of War Pensacola.

Question by the Judge Advocate: Will you state fully everything you know in relation to the charge preferred against 2LT E. B. Sturgeon, US Marine Corps.

Answer: I was officer of the deck on Friday afternoon the 16th Oct when Mr. Sturgeon went on shore. He did not return on board ship that night. On Saturday at 12 PM I was ordered to go on shore in pursuit of him, and bring him on board ship. I found him, I think, at fifteen or twenty minutes past 1 PM, in a condition not fit to be taken on board the ship. I returned to the ship and made a report. At 4 PM I was ordered to go on shore again and found Mr. Sturgeon. He came with me on board the ship. He arrived at half past 7 PM.

Question by the Judge Advocate: Did Mr. Sturgeon state to you when he left the ship, the object of his going or for how long.

Answer: He said he was going on there on duty with the permission of the executive officer. He had three ramrods in his hand. He did not state for how long a time.

Question by the Court: Please state what was his condition and where you found him.

Answer: I found him at the St. Charles Hotel, in room 196, intoxicated. He was lying on the bed apparently asleep. I asked no questions and did not move him, but left the room.

The direct examination here closed, the prisoner asked no questions.

The prosecution here closed. The prisoner called no witnesses, but presented the document, which is hereto annexed marked "C".

The Court then cleared for deliberation, after carefully considered the evidence adduced, the Court do find the accused, E. B. Sturgeon, 2d Lieutenant, US Marines Corps and of the USS Pensacola, of

the specifications of the First Charge: Proven
Of the first charge: Guilty
Of the specification of the 2d Charge: Proven by plea
Of the second charge: guilty by plea

And the Court do therefore sentence the said E. B. Sturgeon, 2d Lieutenant, of the US Marines Corps, to be dismissed from the United States Marine Corps.

L. C. Satori, Commander
Melanchon B. Woosley, Commander
James Stillwell, Lieutenant Commander
Chester Hatfield, Lieutenant Commander
George H. Perkins, Lieutenant Commander
S. R. Greshan, Captain
W. H. Hale, 1st Lieutenant
C. L. Burnet, Acting Assistant Paymaster and Judge Advocate

USS Portsmouth, New Orleans, Oct 21, 1863

Approved and respectfully referred
H. H. Bell
Commodore
Commanding W.G.B. Squadron Pro tem The Court therefore adjourned to the 22d day of October 1863 at half past ten o'clock AM.

L. C. Satori
Commander

C. L. Burnet,
Acting Assistant Paymaster
Recorder

United States Sloop Pensacola
New Orleans, October 19, 1863

By virtue of authority reposed in me, a Naval General Court Martial is hereby ordered to convene at New Orleans on board the United States Sloop of War Portsmouth on the twenty first day of October, one thousand eight hundred and sixty three or as soon thereafter as practicable for the trial of Second Lieutenant E. B. Sturgeon, United States Marine Corps, attached to the United States Steam Sloop Pensacola and such other 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.
L. C. Satori, Commander, US Navy
Melanchton B. Woosley, Commander, US Navy
James Stillwell, Lieutenant Commander, US Navy
Chester Hatfield, Lieutenant Commander, US Navy
George H. Perkins, Lieutenant Commander, US Navy
George R. Graham, Captain, US Marine Corps
W. H. Hale, 1st Lieutenant, US Marine Corps
And Acting Assistant Paymaster C. L. Burnet is hereby appointed Judge Advocate.

H. H. Bell
Commodore
Commanding W. G. B. Squadron

Charges and specifications of charges preferred by Commodore Henry H. Bell, Commanding Western Gulf Blockading Squadron pro tem against 2d Lieutenant E. B. Sturgeon, United States Marine Corps and of the United States Ship Pensacola.

Charge First: Absence from his station or duty without leave

Specification: In this that on or about the seventeenth day of October eighteen hundred and sixty three, Second Lieutenant E. B. Sturgeon, United States Marine Corps and of the United States Ship Pensacola did when sent on shore on duty from the Pensacola fail to return on that day and did not appear on board the Pensacola until he was brought off on the evening of the next day in charge of an officer.

Charge Second: Drunkenness

Specification: In this that on or about the seventeenth day of October Eighteen hundred and sixty three the said Second Lieutenant E. B. Sturgeon, United States Marine Corps and of the United States Ship Pensacola was drunk on shore.

H. H. Bell
Commodore
Commanding Western Gulf Blockading Squadron Pro Tem

Witnesses
Lieutenant Commander Frederich V. McNair
First Assistant Engineer John Percy
Acting Master F. F. King

USS Portsmouth
Oct 21 1863

Captain Satori
President of Naval Court Martial

Sir
I have no defense to offer but would most respectfully request the Court after deciding on their verdict to recommend to the proper authority to accept of a resignation on my part.

I am very respectfully
Your humble servant
E. B. Sturgeon

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