United States vs. Thomas Thompkins, Seaman, USS Commodore

I am unable to locate Thomas Thompkins in any records accessible to me, so further information on him is unknown.

The USS Commodore was ordered to be renamed to USS Fort Gaines by Farragut after both her and the USS Admiral (renamed to USS Fort Morgan) were a continual source of confusion in the fleet over whether the vessels themselves or Farragut or Henry H. Bell were being spoken about.

Proceedings of a Naval General Court Martial, convened on board of the US Sloop of War Portsmouth, off New Orleans, on the 27th day of October, 1863, pursuant to an order dated the 19th day of October, 1863, attached in the proceedings of the same court, in the case of 2nd Lieutenant. E. B. Sturgeon, US Marine Corps, a copy of which is hereto annexed marked A.

USS Portsmouth
Off New Orleans, Oct 27, 1863
10 o'clock AM

The court having concluded the case of Martin Banite, seaman, on yesterday, proceeded to take up the case of Thomas Tompkins, seaman of the US Steamer Commodore.

Present:
L. C. Satori, Commander, USN
Melachion B. Woosley, Commander, USN
James Stilwell, Lieut. Commander, USN
Chester Hatfield, Lieut. Commander, USN
G. R. Graham, Captain, USMC
N. H. Hale, 1st Lieut. USMC
A. A. Paymaster C. L. Burnett, Judge Advocate

The accused, Thomas Tompkins, seaman of the US Steamer Commodore, also present.

The order convening the Court was then read by the Judge Advocate, and the accused was asked whether he had any objection to any member named therein, to which the accused answered that he had not.

The Judge Advocate was duly sworn by the presiding officer and the Court was then 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. He was then asked if he was ready for trial, to which he answered that he was. The charges and specifications were then read aloud by the Judge Advocate, who asked the accused whether he pleaded guilty or not guilty.

To which the accused, Thomas Tompkins, Seaman, pleaded as follows: to each and every charge and specification, not guilty.

The charges and specifications are hereto annexed marked B.

Acting Ensign Peter Faunce was then called as a witness and duly sworn.

Question by the Judge Advocate: What is your rank in the US Navy?

Answer: Acting Ensign on the USS Commodore.

Question: Will you state fully all you know in relation to the first charge against the accused.

Answer: About the 31st of August, the accused, Thompkins, went on shore without permission, about 10 PM. He returned on board with a barrel of lager beer, four bottles of syrup, several papers of tobacco and half a pound of candies. Mr. Nicholson, the officer of the deck, reported to me that he returned bringing these things with him. I turned out of bed and met Tompkins on the starboard guard. He had two bottles in his breast. I thought it was liquor and went to take it from him and he struck me on the right cheek with his fist and tried to drag me in the canal while I was taking the bottles out of his breast.

I sent for Captain Greene and succeeded in getting Thompkins in irons. In the struggle with him and John McAuliffe, they threw me down on one of the guns and my head struck on the sight making a cut.

Question by Judge Advocate: What do you know in relation to the second charge?

Answer: He called me a "damnned son of a bitch."

Question: Do you know anything in relation to the 4th charge?

Answer: He had those two bottles of syrup in his breast and the tobacco and candy. The lager beer he had left on the starboard guard.

Question by Judge Advocate: Do you know where he got these articles you have mentioned?

Answer: I only know that the storekeeper at the New Canal, head of Canal Street, claimed them as being stolen from his store.

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

Acting Masters Mate M. J. Nicholson was then called and duly sworn by the presiding officer.

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

Answer: Acting Master's Mate on the Commodore.

Question by the Judge Advocate: Will you state fully everything you know in relation to the charges against the accused, Thomas Thompkins.

Answer: On the night of the 31st day of August, I mustered the crew at seven bells and found Thomas Thompkins and John McAuliffe absent, I reported to Mr. Faunce that the men were absent. I had the deck from eight to twelve, that night. At 10 PM or near the two men came down to the vessel. I reported to the executive officer that they were on the beach. We were lying at the Half Way House, in the New Canal. I asked him if I should get them on board and he said no, the could come themselves. They went away again and returned about half past 10, bringing with them a twenty gallon cask of beer, some three or four bottles of syrup, five papers of tobacco and a glass case of candies. They dropped the cask between the bank and the guards of the boat into the canal. They came on board and I reported to the executive officer, Mr Faunce that they had come on board. He got up and ordered me to get the irons. I got them and we went down on the deck and found the man on the starboard guard intoxicated. Mr Faunce took hold of Thompkins and told him to come inside and be put in irons. Thompkins caught hold of Mr Faunce and struck him with his fist. I took hold of McAuliffe. They both refused to come in off the guard and be put in irons and resisted our efforts to take them in. They tried to drag Mr. Faunce into the canal. Thompkins said he would drag him into the canal and drown with him. We could not get them in ourselfs and Mr. Faunce told me to call the Captain. I objected to leaving him alone with the men. He induced me to call the captain. I went and called the captain and returned and found Mr. Faunce down on deck. The men had him riven and I saw Thompkins strike him again with his fist. Mr Faunce was cut under the right eye and behind the right ear, where he struck upon the pivot of the gun. His face was otherwise unscratched. The Captain then came down, the men were then inside on the berth deck. We then put Thompkins in irons. The Captain had his shirt and coat torn. All this time Thompkins was calling all of us "sons of bitches" and other language of a like character. We then lashed him down to a pivot in single irons. In regard to the charge of theft, I only known that the articles were brought alongside and on board.

Question by the Court: Do you know why assistance was not called from the other officers and crew?

Answer: I don't know. I was acting under Mr. Faunce's orders.

Being cross-examined by the accused, the witness testified.

Question by the Accused: Didn't I answer my watch at eight bells.

Answer: No sir.

The case for the prosecution here closed. The accused called no witnesses, and stated that he had no defense to offer, that he was drunk at the time and knew nothing of the occurrences.

The case being thus before the court, the court was cleared for deliberation, and having maturely considered the evidence adduced, the court do find the accused, Thomas Thompkins, seaman of the US Steamer Commodore, as follows:

Of the Specification of 1st Charge: Proven
Of the First Charge: Guilty
Of the Specification of 2nd Charge: Proven
Of the Second Charge: Guilty
Of the Specification of 3rd Charge: Proven
Of the Third Charge: Guilty
Of the Specification of 4th Charge: Not Proven
Of the Fourth Charge: Not Guilty

And the Court do therefore sentence the said Thoma Thompkins, Seaman, to be confined in the United States Penitentiary at Washington, DC for life at hard labor and to forfeit all pay now due him.

L. C. Satori, Commander, USN
Melachion B. Woosley, Commander, USN
James Stilwell, Lieut. Commander, USN
Chester Hatfield, Lieut. Commander, USN
G. R. Graham, Captain, USMC
N. H. Hale, 1st Lieut. USMC

A. A. Paymaster C. L. Burnett, Judge Advocate

USS Portsmouth
Off New Orleans
October 27th, 1863

The sentence of the Court is hereby approved and ordered to be carried into execution.
H. H. Bell
Commodore
Commanding W. G. B. Squadron pro tem
USS Pensacola
New Orleans
Nov 6, 1863

A

United States Sloop Pensacola
New Orleans, October 19th, 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, USN
Melachion B. Woosley, Commander, USN
James Stilwell, Lieut. Commander, USN
Chester Hatfield, Lieut. Commander, USN
George H. Perkins, Lieut. Commander, USN
Geo. R. Graham, Captain, USMC
N. H. Hale, 1st Lieut. USMC

And Acting Assistant Paymaster C. L. Burnett is hereby appointed Judge Advocate.

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

B

Charges and specifications of charges preferred by Commodore H. H. Bell, commanding the Western Gulf Blockading Squadron pro tem against Thomas Thompkins, Seaman of the US Steamer Commodore.

Charge First: Assault upon his superior officer

Specification: In this that on or about the thirty first day of August, one thousand eight hundred and sixty three, while Acting Ensign Peter Faunce, United States Navy, and of the United States Steamer Commodore, was in the act of confining Thomas Thompkins, Seaman of the said Steamer Commodore, the said Steamer Commodore being at the time at the New Canal near New Orleans, the said Thomas Thompkins, Seaman, did strike the said Acting Ensign Peter Faunce and tried to drag him overboard, and that the said Thomas Thompkins, Seaman, in connection with another person did throw the said Acting Ensign Peter Faunce down with violence, seriously injuring him.

Charge Second: Using provoking and threating language to his Superior Officer

Specification: In this that on or about the thirty first day of August, one thousand eight hundred and sixty three, the said Thomas Thompkins, Seaman, did call the said Acting Ensign Peter Faunce a damned son of a bitch and did threaten to kill him.

Charge Third: Absent without leave.

Specification: In this that on or about the thirty first day of August, one thousand eight hundred and sixty three, the said Thomas Thompkins, Seaman, did absent himself from the said steamer Commodore without leave.

Charge Fourth: Theft.

Specification: Specification: In this that on or about the thirty first day of August, one thousand eight hundred and sixty three, the said Thomas Thompkins, Seaman, did break in a house at the New Canal near New Orleans and together with another person did steam therefrom several articles of value.

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

Witnesses:
Acting Ensign Peter Faunce
Acting Master's Mate M. J. Nicholson

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