United States vs. Acting Gunner James A. Cummins, USS Tennessee

USS Portsmouth, Off New Orleans
October 22, 1863

The session of the Court was continued.

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

Proceedings of a Naval General Court Martial, convened on board the US Sloop of War Portsmouth, off New Orleans, on the 22d day of October, 1863, pursuant to an order, attached to the proceedings and record of this court in the case of 2nd Lieutenant E. B. Stimpson, US Marine Corps, a copy of which is hereby annexed, marked "A".

The case of Oscar E. Peck, Acting Master Mate, US Navy, having been concluded, the Court took up the case of Acting Gunner James A. Cumminss, US Navy, of the US Steamer Tennessee.

The accused was brought into Court.

The order convening the Court was then read and the accused was asked who then he had any objection to any member of the Court, to which he replied that he had not.

The Judge Advocate was then duly sworn 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 to which he answered that he did not. Being asked if he was ready for trial he replied that he was.

The charges and specifications were then read aloud by the Judge Advocate and the accused was asked whether he pleaded guilty or not guilty. The accused thereupon pleaded to each and every charge and specification.

The charge and specification are hereto annexed marked "B".

The accused desired time to prepare a written statement which was granted.

The Court thereupon adjourned to meet at 10 o'clock AM on the 23rd inst.

USS Portsmouth
Oct 23, 10 AM

The Court meet pursuant to adjournment.

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

The proceedings in this case of yesterday were read over. The accused, Acting Gunner James A. Cumminss, United States Navy, being present. The accused presented the statement which is hereto annexed marked "C" and which was read aloud by the Judge Advocate.

The statement of the accused and the case as prosecuted, being thus in possession of the Court, the Court was cleared for deliberation and having maturely considered the case, do find the accused, Acting Gunner James A. Cumminss, United States Navy, as follows:

Of the specification of 1st Charge: Guilty by plea
Of the 1st Charge: Guilty by plea
Of the 1st specification of 2nd Charge: Guilty by plea
Of the 2nd specification of 2nd Charge: Guilty by plea
Of the 3rd specification of 2nd Charge: Guilty by plea
Of the 2nd Charge: Guilty by plea
Of the specification of 3rd Charge: Guilty by plea
Of the 3rd Charge: Guilty by plea

And the Court do therefor sentence the said Acting Gunner James A. Cumminss, United States Navy of the United States Steamer Tennessee, to be dismissed from the Navy of the United states and to be confined in any penitentiary within the United States (at the direction of the Honorable Secretary of the Navy) for the period of six months, at hard labor.

In consideration of the long service of the accused, the Court do recommend that so much of the sentence as related to imprisonment be remitted.

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, off New Orleans
October 23, 1863

Approved and respectfully referred to the Honorable Secretary of the Navy for consideration.
H. H. Bell
Commodore
Commanding West Gulf Blockading Squadron pro tem.
USS Pensacola
New Orleans
Nov. 6, 1863

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 H. H. Bell, Commanding the Western Gulf Blockading Squadron, against Acting Gunner, James A. Cummins, United States Navy, of the United States Steamer Tennessee.

Charge First: Drunkenness

Specification: In this, that on or about the twenty fifth day of July one thousand eight hundred and sixty three, Acting Gunner James A. Cummins, United States Navy, of the United States Steamer Tennessee, then at the Navy Yard Pensacola Bay, did come on board the Tennessee in a state of intoxication.

Charge Second: Absence without leave

Specification First:

In this that on or about the third day of August, one thousand eight hundred and sixty three, the said Acting Gunner James A. Cummins, being then attached to the United States Steamer Tennessee at New Orleans, went on shore by permission and had not returned to the Tennessee when she left for sea on the morning of the fourth day of September one thousand eight hundred and sixty three, his leaving having expired before the departure of the Tennessee.

Specification Second:

In this, that the said Acting Gunner James A. Cummins, on or about the ninth day of September one thousand eight hundred and sixty three, did leave the Tennessee without permission and did not return to her until the twenty seventh day of September one thousand eight hundred and sixty three.

Specification Third:

In this, that the said Acting Gunner James A. Cummins did, on or about the nineteenth day of October one thousand eight hundred and sixty three, leave the Tennessee without permission.

Charge Third: Assaulting his superior officer

Specification:

In this that on or about the the twenty first day of October one thousand eight hundred and sixty three, the said Acting Gunner James A. Cumminss, did make an assault upon Gunner D. A. Poe of the United States Ship Pensacola in the city of New Orleans.

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

Witnesses
Acting Master G. E. Nelson
Acting Ensign John L. Tioll
Paymaster's Clerk D. McPrice, Jr.

USS Portsmouth
New Orleans, Oct 22, 1863

To the Naval General Court Martial

It is with unfeigned sorrow that I plead guilty to the charges and specifications of charges preferred against me, but before verdict is pronounced on me, I wish to submit the following statement.

I have been in the United States Navy nearly twenty years and the greater portion of that time as a petty officer. I never had the misfortune to be tried by a Court Martial before, and I have always endeavored to preform my duties faithfully.

When the USS Preble was destroyed last month, I lost nearly all that I owned on board. I have been out on this station twenty six months and have had no furlough.

Hoping for mercy,
Your obedient Servant
James A. Cummins
Acting Gunner
US Navy

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