United States vs. Acting Ensign James F. Perkins, USS Antona

James F. Perkins was transfered to the USS Horace Beales soon afterwards. He was honorably discharged 20 September 1865

Proceedings of a Naval General Court Martial, convened on board the US Sloop of War Portsmouth, off New Orleans on the 29th day of October 1863, pursuant to an order dated the 19th day of October 1863, annexed to the proceedings of the same Court in the case of 2nd Lieutenant E. B. Sturgeon, US Marine Corps, a copy of which order is hereto annexed marked A.

Present, Oct. 29 1864, 10 o'clock AM L. C. Satori, Commander, USN
Melachion B. Woosley, Commander, USN
James Stilwell, Lieut. Commander, USN
Chester Hatfield, Lieut. Commander, USN
George N. Perkins, Lieutenant Commander, USN
George R. Graham, Captain, USMC
N. H. Hale, 1st Lieut. USMC
A. A. Paymaster C. L. Burnett, Judge Advocate

The Court met pursuant to adjournment, and there being no case ready for trial before them, the Court adjourned to meet on the 30th day of October instant, at 10 o'clock AM.

Present, Oct. 30 1864, 10 o'clock AM
L. C. Satori, Commander, USN
Melachion B. Woosley, Commander, USN
James Stilwell, Lieut. Commander, USN
Chester Hatfield, Lieut. Commander, USN
George N. Perkins, Lieutenant Commander, USN
George R. Graham, Captain, USMC
N. H. Hale, 1st Lieut. USMC
A. A. Paymaster C. L. Burnett, Judge Advocate

The proceedings of yesterday were read, the Court then took up the case of Acting Ensign James F. Perkins of the United States Steamer Antona. The accused Acting Ensign James F. Perkins, 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 he replied that he had not.

The Judge Advocate was then 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 whether he desired counsel to which he replied that he did not. Being asked if he was ready for trial the accused answered 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.

He thereupon pleaded as follows:

To the 1st and 2nd Specification of the 1st Charge: Guilty
To to the 1st Charge: Guilty
To the 1st Specification of the 2nd Charge: Not Guilty
To the 2nd Specification of the 2nd Charge: Guilty except as to the "loud and insubordinate manner" and the "oath" to which parts of said specification he pleads not guilty.

Acting Assistant Paymaster H. M. Whittmore was then called and duly sworn by the Presiding Officer.

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

Answer: I am attached to the US Steamer Antona as Acting Assistant Paymaster.

Question by the Judge Advocate: Will you state everything you know in relation to the charge of insubordination against the accused.

Answer: I do not recollect the date of the occurrence, but Mr. Perkins made the remark, in my presence "I always thought that a wardroom officer was entitled to the starboard gangway." He made the remark in reply to something the captain said to him, which I did not hear. I think it was something in relation to bringing a boat around. I was leaving the ship at the time. I know nothing in relation to the other specification.

Question by the Court: What was the manner of the accused in replying to his commander.

Answer: It was said in rather an excited manner.

Question by the Court: Did you hear any profane language?

Answer: I did not. I was standing by Mr. Perkins at the time and that was the remark he made.

Being cross-examined, he testified.

Question by the Accused: What was the apparent cause of the excited manner of the accused?

Answer: I think it was caused by the manner in which the Captain spoke to him. The Captain spoke to him in rather an angry manner because the boat was brought along the starboard side.

V. N. Roath was then called and duly sworn by the presiding officer.

Question by the Judge Advocate: What vessel are you attached to and in what capacity?

Answer: Paymaster's Clerk on the Antona.

Question by the Judge Advocate: Will you state all you know in relation to the specification of the charge of insubordination against the accused.

Answer: I all know in relation to the charge is this. I was joking with Mr. Perkins one day, about some little difficulty between him and the Captain. I told him if he wasn't cautious, the captain would get him cashiered. He said he wasn't afraid of that. That he had as many friends at Washington as the captain had. It was a private conversation between ourselves. The captain was on shore at the time. I think he said it in a joking manner as I did.

Question by the Court: Do you know how the remark of Mr. Perkins became known to the Captain?

Answer: The day before yesterday when the Captain received notice the charges receipt he preferred, he sent for Price, one of the quartermasters, was on deck at the time of the conversation. Price overheard the remark, he was perhaps twenty feet off. I was present when the Captain asked Price if he ever heard Mr. Perkins make any remarks upon deck in reference to him. THat called it to my memory. I had forgotten it.

Question by the Judge Advocate: What did Price reply to the question of the Captain?

Answer: He made the same reply that I had said Mr. Perkins made, except that he stated that Mr. Perkins used an oath. I did not hear any.

John Price was then called and duly sworn by the presiding officer.

Question by the Judge Advocate: What vessel do you belong to and what is your rating?

Answer: I belong to the Antona. My rating is quartermaster.

Question by the Judge Advocate: Will you state all you know in relation to the charge of insubordination against Acting Ensign James F. Perkins.

Answer: I can't state the date. I think it was almost the 8th day of September. The paymaster called for a boat to go on shore, and Mr. Perkins gave him a boat and had it hauled up on the starboard side. Capt Miller was sitting aft and jumped up and asked Mr. Perkins if he didn't know better than to have a boat hauled up in the starboard side, as the ship was newly painted that side. Mr. Perkins said, Sir, when a wardroom officer leaves the ship, he is entitled to the starboard side of the ship. I then heard the Captain say to him he wished him to treat him with respect. Mr. Perkins said "By God, if you wish me to treat you with respect, you should treat me with respect."

Question by the Judge Advocate: Did you at any other time hear any other remarks of a like character between the Captain and Mr. Perkins?

Answer: I heard Mr. Perkins say to the Paymaster's Clerk Mr. Roath, the Captain has reported me but he will find that other people has as many friends in Washington as he has. I heard nothing further.

Question by the Judge Advocate: When did this occur?

Answer: Was two months ago.

Question by the Court: Do you know how the remark of Mr. Perkins became known to the Captain?

Answer: I don't unless he got it from Mr. Davis.

Question by the Court: Did you mention it to the Captain?

Answer: The Captain called me aft yesterday and asked me if I heard what Mr. Perkins said about friends at Washington and I said I did. He asked me if I could give evidence about what he said about the boat. I said I could, that is all.

Question by the Court: Were you the only quartermaster the captain questioned when working up charges against Mr. Perkins or did he question all of them.

Answer: He did not question any one but me, to my knowledge.

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

Acting Ensign J. L. Davis was called and duly sworn.

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

Answer: Acting Ensign, on the US Steamer Antona.

Question by the Judge Advocate: Do you know anything about the charge of insubordination against the accused?

Answer: I know nothing about it.

Question by the Court: Do you know how Captain Wells learned that Mr. Perkins had made the remark "that he had as many friends in Washington as he (the captain) had" or words to that effect.

Answer: I do not.

The case for the prosecution here closed.

The accused called no witnesses, but presented a written statement of defense, and which was read aloud by the Judge Advocate. The Court was then cleared for deliberation, and having maturely considered the evidence adduced, do find the accused, Acting Ensign James F. Perkins, of the US Steamer Antona, as follows:

Of the 1st Specification of 1st Charge: Proven by Plea
Of the 2nd Specification of 1st Charge: Proven by Plea
Of the 1st Charge: Guilty by Plea
Of the 1st Specification of 2nd Charge: Not Proven
Of the 2nd Specification of 2nd Charge: Not Proven
Of the 2nd Charge: Not Guilty

And the Court do therefore sentence the said Acting Ensign James F. Perkins, of the US Steamer Antona, to be deprived of liberty on shore for three months and he be reprimanded by the Commander-in-Chief of the West Gulf Blockading Squadron.

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

The sentence is disapproved, the punishment awarded by the court being entirely inadequate to the crime of which the accused was found guilty, and one which has been of too frequent recurrence both with officers and men in this squadron. To deprive an officer who is attached to a blockading vessel, which may be at sea for a period of five or six months at a time, of liberty on shore for a term of three months is a mockery of a punishment. Such a sentence is calculated to sustain the discipline of the service for which purpose Courts Martial are convened. Acting Ensign James F. Perkins is restored to duty, and after being found guilty by the Court of a grave charge escapes be punished.

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

USS Pensacola
New Orleans
Nov 6, 1863

The Court thereupon adjourned to meet on the 3rd day of October 1863 at 10 o'clock AM.

L. C. Satori, Commander
A. A. Paymaster C. L. Burnett, 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 Acting Ensign James F. Perkins of the United States Steamer Antona.

Charge First: Absence without leave

Specification First: In this, that on or about the twenty fourth day of August one thousand eight hundred and sixty three, the said Acting Ensign James F. Perkins, United States Navy, and of the United States Steamer Antona, did leave the said steamer Antona with permission to be absent until midnight, and that he did not return to the said steamer Antona until the afternoon of the following day.

Specification Second: In this, that on or about the fourteenth day of September, one thousand eight hundred and sixty three, the said Acting Ensign James F. Perkins, United States Navy, and of the United States Steamer Antona, did leave the said steamer Antona with permission to be absent until midnight, and that he did not return to said steamer Antona until on or about the seventeenth day of September, one thousand eight hundred and sixty three.

Charge Second: Insubordination

Specification First: In this, that on or about the twenty sixth day of August one thousand eight hundred and sixty three, the said Acting Ensign James F. Perkins, while on duty as officer of the deck of the said steamer Antona at New Orleans, did make use of the following expression "By God I have as many friends in Washington as the Captain has and ask no favors."

Specification Second: In this that on or about the twenty seventh day of August one thousand eight hundred and sixty three, the said Acting Ensign James F. Perkins, when ordered by his commanding officer to have the first cutter of said steamer Antona shipped round to the port gangway in consequence of the starboard gangway of said steamer Antona having been freshly painted, did in a very loud and insubordinate manner, accompanied with an oath, reply as follows, "I thought wardroom officers were entitled to the starboard gangway."

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

Witnesses:
Acting Ensign J. L. Davis
A. A. Paymaster U. M. Whittemore
Paymaster's Clerk Y W. Roath
John Pierce, Quartermaster

USS Portsmouth
Off New Orleans
Oct 30 1863

To the Presiding Officer and members of the Court

To prove my former good conduct while in the Navy, I would state that I have sailed with Lt. Comdr W. R. Breese for a period of ten months as Acting Master's Mate and through his influence received the appointment of Acting Ensign and where he present, I think he would testify to my former good conduct. To the first charge of which I am accused I have pleaded guilty and would only say that it is the first time it has occurred and it shall be the last. In regard to the second charge, I would stay that if my language was disrespectful it was in consequence of my excited mind caused by the manner in which the commanding officer addressed me. I am aware that my conduct was unofficerlike and ungentlemanly and I can only say in extenuation of my case the excited state of my mind under which I was laboring, and I hope it will be the last time I shall be ever guilty of the like offense.

Respectfully your
Obedient Servant
James F. Perkins
Acting Ensign
USS Antona

[Return to Courts Martial and Courts of Inquiry index]