United States vs. John McAuliffe, Landsman, USS Commodore

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

The court having concluded the case of Thomas Thompkins, seaman, proceeded to take up the case of John McAuliffe, Landsman 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, John McAuliffe, landsman 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 wished for Assistant Paymaster Casper Scheunck for his counsel. His counsel then appeared in behalf of the accused.

The accused was then asked if he was ready for trial, to which he answered 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 he pleaded as follow: to the 3rd charge and specification, guilty and the 1st and 2nd charges and specifications, not guilty.

The charges and specification are hereto annexed marked B.

George Ausson was then called and duly sworn by the presiding officer.

Question by the Judge Advocate: What is your business or occupation.

Answer: I am a cooper.

Question by the Judge Advocate: Have you at any time kept a store and if so when and where.

Answer: Yes sir, at the Half Way House, in September.

Question by the Judge Advocate: Have you seen the accused before?

Answer: I can't say whether I have or not.

Question by the Judge Advocate: Will you state all you know in relation to the charge of theft preferred against him.

Answer: I can't exactly state the date, but it was at the Half Way House. I wasn't in the store at the time. I was at my mothers. The next morning I found the window of the shop, I had three, broken open and the things taken were put on board the Commodore.

Question by the Judge Advocate: What were the things.

Answer: A half barrel of beer, four bottles of syrup, half a jar of candy, five papers of fine cut chewing tobacco.

Question by the Court: What was the value of the things taken out.

Answer: About five dollars.

The testimony of the witness was read to him.

Acting Ensign Peter Faunce was then called and duly sworn by the presiding officer.

Question by the Judge Advocate: What is your rank.

Answer: Acting Ensign on the Commodore.

Question by the Judge Advocate: Will you state fully everything you know in relation to the first and second charges against the accused, John McAuliffe.

Answer: On the 31st day of August he left the ship without permission and about 10 PM he returned on board in company with Thomas Thompkins. They had with them a barrel of lager, four bottles of syrup, several papers of tobacco and about half a pound of candy. Mr. Nicholson, the officer of the deck came and called me. I then came down and met the accused and Thomas Thompkins in the starboard guard. I went to take the bottle thinking they were liquor. McAuliffe had none on him. While taking the bottle, Thompkins and McAuliffe took hold of me and tried to put me in the canal. In the scuffle they threw me over the gun and cut me back of the right ear, upon the sight of the gun. Afterwards McAuliffe got a cutlass and raised it. He was then put in irons.

Question by the Judge Advocate: Where was the USS Commodore at the time of this occurrence?

Answer: In the New Canal at the head of Canal Street.

Question by the Court: In what manner did he raise the cutlass?

Answer: He raised it in a threatening manner.

Question by the Court: Did he say anything at the time?

Answer: Nothing that I can recollect.

Being cross examined, he testified.

Question by the Accused: Did the accused leave the vessel with Thompkins?

Answer: I don't know.

Question by the Accused: Was the keg of beer in the possession of the accused?

Answer: They both brought it on board.

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

Acting Master's Mate M. J. Nicholson was then called and duly sworn.

Question: What is your rank in the US Navy?

Answer: Acting Master's Mate in the US Navy on the USS Commodore.

Question by the Judge Advocate: Will you state everything you know in regard to the 1st and 2d charges against the Accused, John McAuliffe.

Answer: On the night of the 31st of August, when I was mustered the men, I found John McAuliffe absent. I reported to the executive officer that he was absent from the ship. About 10 PM he came down to the ship. I had the deck from 8 to 12 that night. I told Mr. Fanuce that John McAuliffe had come down on the bank and asked him if I should get him on board. He said no, he could come himself. McAuliffe went away from the bank and returned about half past 10 PM, in company with Thompkins, bringing with them a twenty gallon casket of beer, several bottles of syrup, five papers of tobacco and a jar of candy. The dropped the casket between the guards of the boat and the bank and came on board.

I reported to Mr. Fanuce that they were on board. Mr. Fanuce got up and ordered me to get the irons. I got the irons and went down on deck. The men were in the starboard guard. I took hold of McAuliffe and told him to come in and be put in irons. He refused to come in and resisted all my efforts. He caught hold of me and kept me out in the guards. Mr Fanuce told me to call the captain. I objected to leave Mr. Fanuce alone with the men. He told me again to go and call the captain and I went. When I came down, Mr. Fanuce was on the deck and the two men struggling with him. I took hold of McAuliffe to get him away. He held on to Mr. Fanuce. The Captain came down then. While the Captain and Mr. Fanuce were putting Thompkins in irons, I had hold of McAuliffe. McAuliffe had some words with Thompkins. He was trying to get Thompkins to let himself be put in irons. Thompkins made a strike at McAuliffe and McAuliffe kicked him. McAuliffe then broke from me and took a bayonet out of the rack.

I took it from him and held on his hands and I put the irons. I couldn't say what he was going to do with the bayonet.

Question by the Court: Did he use any threatening language?

Answer: In the first part of it, he used hand manners, but he didn't used threatening language.

Question by the Court: What was the manner of the accused when he drew the bayonet?

Answer: I thought that he drew it for the purpose of striking Thompkins.

Question by the Court: What was the language used by the accused, which you have mentioned.

Answer: He said "you damned sons of bitches, what do you want to do with me" and other words of like character.

Being cross examined, he testified.

Question by the Accused: Did the accused, when he took the bayonet, make any threating gestures or demonstrations towards any one?

Answer: He did not. He did not have any time before I got hold of his hand and took it from him.

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

The case for the prosecution here closed.

The accused produced no witnesses. The evidence having closed, leave was granted to the accused to prepare his written defense.

The Court then adjourned to meet at 10 o'clock AM on the 28th instant.

10 o'clock AM
October 28, 1863

The Court met pursuant to adjournment.

The proceedings of yesterday were read over. The accused, John McAuliffe, Landsman, and his counsel appeared. The accused presented his written defense, which was read by his counsel and is annexed to these proceedings marked C.

The Court was then cleared for deliberation, and having maturely considered the evidence adduced, the the Court do find the accused, John McAuliffe, Landsman of the US Steamer Commodore as follows:

Of the Specification of 1st Charge: Proven, exception to the "raising of a cutlass in a threating manner"
Of the First Charge: Guilty
Of the Specification of 2nd Charge: Not Proven
Of the 2nd Charge: Not Guilty
Of the Specification of 3rd Charge: Proven by Plea
Of the 3rd Charge: Guilty by Plea

And the Court do therefore sentence the said John McAuliffe, Landsman, of the US Steamer Commodore, to be confined in the United States Penitentiary at Washington, DC for the term of eight years, at hard labor, and to forfeit all pay and prize money that may be 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 28th, 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

The Court therefor adjourned to meet on the 29th day of October, 1863 at 10 o'clock AM

L. C. Satori, Commander

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

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

Charges and Specifications of Charges preferred by Commodore H. H. Bell, commanding the Western Gulf Blockading Squadron pro tem, against John McAuliffe, Landsman of the United States Steamer Commodore.

Charge First: Assault upon his superior officer. Specification: In this, that on or about the twenty first day of August, one thousand eight hundred and sixty three, John McAuliffe, Landsman of the United States Steamer Commodore, in the New Canal near New Orleans, did while being confined by Acting Ensign Peter Faunce, United States Navy, Executive Officer of the said Steamer Commodore, lay violent hands on the said Acting Ensign Peter Fanuce and did sieze and cutlass and raise it in a threatening manner.

Charge Second: Theft

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

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 John McAuliffe, Landsman, did absent himself from the said steamer Commodore without leave.

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

Witnesses:
Acting Ensign Peter Fanuce
Acting Master's Mate Nicholson

USS Portsmouth
Off New Orleans, October 28th 1863

Gentlemen of the Court

To the charges and specifications that have been brought against me I beg leave to submit the following defense.

I would beg to call the attention of the Court to the fact that Mr. Fanuce who was engage in a struggle at this time must have been less able to judge of what was passing around him than Mr. Nicholson who was completely disengaged. Therefore although Mr. Fanuce's statement of the affair was undoubtedly exactly as it appears to him, I would respectfully submit that great weight should be given to such points of Mr. Nicholson's testimony as appear to conflict with that of Mr. Fanuce. It will be remembered that Mr. Nicholson testimony goes to show that I tried by persuasion to induce Thompkins to go into irons quietly, and that only when he attempted to kick me did I break away and seize a bayonet with the apparent intention of using it, not against, Mr. Fanuce, but against Thompkins. That I made no threating gestures with the bayonet. Mr. Nicholson stating that he took it away from me before I had time to do so and that I afterwards quietly submit my arms for the irons.

To the charge of theft, the evidence is entirely circumstantial and it is only shown that that certain things were taken from a store and that Thompkins and I brought things answering the description of those taken to the Steamer Commodore. But the smaller articles such as syrup appear to have been found in the possession of Thompkins. Is it not probable then that I met him coming down with the things and assisted him in bringing them along? So there not at least room for a reasonable doubt. Which doubt by the miles of evidence the accused should have the benefit of.

With regards to the bad language used by me and my violent conduct I have nothing to argue in examination except that I was rendered crazy by drink. Drunkenness being a crime in itself may be deemed but as weak defense but when it is remembered that this is not one of the offenses which is brought before the court in my case. I hope, for the sake of my own character, that the court will at least believe that in my sober senses I would not have been guilty of such conduct.

I am very respectfully
John McAuliffe

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