United States vs. James Clark, Acting 3rd Asst. Engineer, USS Princess Royal

Acting Third Assistant Engineer James Clark's dismissal from the naval service was effective 5 January 1864.


Proceedings of a Naval General Court Martial convened on board of the US Sloop of War Portsmouth, off New Orleans, the 23d day of October, 1863, pursant to an order dated the 19th day of October, 1863, attached to the proceedings of this Court, in the case of 2d Liet. E. B. Sturgeon, US Marine Corps, a copy of which order is hereto annexed marked A.

Having concluded the case of Acting Gunner James A. Cummins, US Navy, the Court proceeded to take up the case of Acting Third Assistant Engineer James Clark, United States Navy, and of the United States Steamer Princess Royal.

USS Portsmouth
October 23, 1863

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 accused, Acting Third Assistant Engineer James Clark, US Navy, also present.

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

The Judge Advocate was then duly sworn by the President of the Court and the Court afterwards duly sworn by the Judge Advocate, in the presence of the accused.

The accused was then asked if he desired Counsel, to which he replied that he did not. Being asked if he was ready for trial, he answered that he was.

The Charge and Specifications were then read aloud by the Judge Advocate. The accused was then asked by the Judge Advocate whether he pleaded guilty or not guilty. To which the accused pleaded as follows: To each and every charge and specification guilty.

The Charges and Specifications are hereto annexed marked B.

The accused thereupon presented the following statement, hereto annexed marked C., which was read aloud by the Judge Advocate.

The statement of the accused being thus before the Court, the Court was cleared for deliberation, and having maturely considered the case as presented, do find the accused, Acting Third Assistant Engineer James Clark, US Navy, and of the United States Steamer Princess Royal, as follows.

Of the Specification of 1st Charge: Proven by plea
Of the First Charge: Guilty by Plea
Of the Specification of 2d Charge: Proven by plea
Of the 2d Charge: Guilty by Plea

And the Court do therefore sentence the said Acting Third Assistant Engineer James Clark, US Navy, to be dismissed from the Navy of the United States.

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 23d 1863

Approved and referred to the Honorable Secretary of the Navy for confirmation.
H. H. Bell
Commodore
Commanding W. G. B. 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 Henry H. Bell, Commanding Western Gulf Blockading Squadron pro tem, against Acting Third Assistant Engineer James Clark, United States Navy and of the United States Steamer Princess Royal.

Charge First: Absent without leave

Specification: In this that Acting Third Assistant Engineer James Clark, United States Navy and of the United States Steamer Princess Royal was granted permission to go on shore from the Princess Royal at New Orleans on or about the twelfth day of September one thousand eight hundred and sixty three with leave to remain until twelve o'clock midnight and that he did not return to his vessel until the seventeenth day of September, one thousand eight hundred and sixty three.

Charge Second: Drunkenness

Specification: In this, that Acting Third Assistant Engineer James Clark, United States Navy and of the United States Steamer Princess Royal, was drunk on shore in New Orleans on the fifteenth day of September, one thousand eight hundred and sixty three.

Witnesses:
Lieutenant Charles E. McKay
Acting Second Assistant Engineer William H. Thompson
Acting Master's Mate William E. Cannon

H. H. Bell
Commodore
Commanding W. Gulf Block. Squadron pro tem


USS Portsmouth
Off New Orleans Oct 23d, 1863

To the Naval General Court Marshal

I plead guilty to the charges and specifications, but respectfully ask the court to take into consideration the following statement.

When I got permission to go on shore I went to Algiers to see an Engineer, Mr. Gibson, whom worked with me in the West Point Foundry some 10 years since. We went back to the City and I was late to go on board my ship and by some cause I was attacked with diarrhea and I delayed to go on board, expecting to get better and was under my doctors treatment. Some 10 days after I went on board while confined to my room for the same reason. I place myself to the kind mercy of the Court hoping they will be as lenient as they can with me as I am exceedingly sorry for doing so.

I am very respectfully
Your Obedient Servant
James Clark
Acting 3rd Assistant Engineer


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