United States vs. John Gavin, Landsman, USS Katahdin

Site editor's note: Skylarking as defined when this took place: "SKYLARKING: frolicking, scuffling or running about decks. It formerly meant mounting to the mast-head and sliding down the royal backstays". Due to the destruction of the Pensacola Navy Yard a few months earlier as noted towards the end of these proceedings, Gavin was sent per a note at the end of the file and his rendezvous index card to the brig at the Brooklyn Navy Yard to serve out his sentence. Lee, despite losing the use of an eye, stayed in the Navy until 1865.

Proceedings of a Naval General Court Martial convened on board the United States Ship Portsmouth at New Orleans by virtue of the following order, the original of which is attached to the recorded proceedings in the case of Martin Flanagan - 2nd Class Fireman.

USS Portsmouth
New Orleans
Nov. 16, 1863

By virtue of Authority reposed in me a Naval General Court Martial is hereby ordered to convene on board of the USS Portsmouth at New Orleans, on the eighteenth day of November, one thousand eight hundred and sixty three, or as soon thereafter as practicable for the trial of Martin Flanagan, second class fireman on board the USS 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.

Captain J. B. Marchland
Commander L. C. Sartori
Lieut. Commdr. E. C. Grafton
Lieut. Commdr. G. U. Morris
Lieut. Commdr. James Stilwell
Lieut. Commdr. G. H. Perkins
Actg. Vol. Lieut. Pierre Giraud and
Paymaster James Fulton is hereby appointed Judge Advocate

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

US Ship Portsmouth
November 19th, 1863 10 o'clock AM

The court met pursuant to adjournment of yesterday.

Present
Captain J. B. Marchland
Commander L. C. Sartori
Lieut. Commdr. E. C. Grafton
Lieut. Commdr. G. U. Morris
Lieut. Commdr. James Stilwell
Lieut. Commdr. G. H. Perkins
Actg. Vol. Lieut. Pierre Giraud
Paymaster James Fulton, Judge Advocate

John Gavin, Landsman of the US Gunboat Katahdin the accused also present.

The Judge Advocate having read the order convening the Court asked the accused John Gavin if 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 duly sworn by the Judge Advocate in the presence of the accused.

The accused was asked if he desired counsel and if he was ready for trial to which he replied: that he did not desire counsel and that he was ready for trial.

The charges were read aloud by the Judge Advocate, a copy of which is hereto appended and marked "A", who said John Gavin you have heard the charges preferred against you; how say you, guilty or not guilty.

To which the accused plead as follows:

Of the 1st Charge: Not Guilty
Of the 2nd Charge: Guilty

The witnesses were now directed to retire from the court.

Lieut. Commander P. C. Johnson, commanding the US Gunboat Katahdin, a witness on part of the prosecution was called and duly sworn by the president of the court.

Question by Judge Advocate: Please state all you know in reference to the first charge.

Answer: Of the first charge I know nothing of my own observation.

The accused in extenuation of his conduct in regard to the second charge asked the following questions:

Question by accused: What did you say to the accused on that occasion that induced the language he used?

Objections being made to the question, the Court was cleared for deliberation, and it was decided to be an improper question.

The court was then opened and the decision announced.

Question by Accused: Was my conduct on that occasion such as to render it necessary in your judgement to pursue severe means towards me?

The question was objected to by the Judge Advocate. The court was cleared for deliberation and it was decided to be a proper question. The Court was then opened and the decision announced.

In answer to it, Lieut. Comdr. Johnson made the following reply. Certainly it was, he said that "you are a damned son of nigger lovers" to my face and I considered that sufficient reason to take severe measures.

Question by the Accused: For what reason did I call you a nigger lover?

The Court was cleared for deliberation and it was decided to be an improper question.

The court then opened and the decision announced. It was not put to the witness.

The accused, Judge Advocate and Court having no further questions to ask, the evidence was read over to the witness and pronounced correct. The witness was then permitted to retire.

Assistant Surgeon Ira W. Bragg, the medical officer of the US Gunboat Katahdin, a witness on the part of the prosecution was then called and duly sworn by the President of the Court.

Question by the Judge Advocate: Please state what you know in reference to the First Charge.

Answer: I was not a personal observer, I did not see it. Upon the evening or about dusk of the eleventh of October last, I was called to visit a man who had been injured, Levi Lee was the man injured. I found at that time that there had been a severe blow upon the outer left angle of the orbit of the eye. His face was covered in blood, he was spitting blood freely, which came from the mouth and not from the lungs. Upon examination of his mouth, I found that his upper lip was cut, one incisor tooth broken of the lower jaw. His nose was bleeding freely and bruised and his left eye severely injured. At the time he was unable to stand, but soon after, so far recovered that he was. The next morning in attempting to investigate the matter, the accused confessed that he struck him with the stave of a barrel and showed me how he did it, which corresponded with the injury inflicted on the outer corner of the eye. At that time he denied inflecting the other injuries, which from the nature of the injury must have been caused by other violence than this blow. He, Levi Lee remained upon the list from the eleventh to the twenty-seventh of October. When he was discharged, the use of his eye was nearly lost, at present he is able to distinguish light from darkness, though the cornea is partly opaque and the pupil reacts but slightly. In my opinion the eye will never be of but very little use to him.

The Judge Advocate, Court and Accused having no further questions to ask and the evidence being read over to the witness and pronounced correct, the witness was permitted to retire.

Acting Master's Mate George Leonard of the US Gunboat Katahdin, a witness on the part of the prosecution was called and duly sworn by the President of the Court.

Question by Judge Advocate: Please state what you know in reference to the fist charge?

Answer: I was on board the US Gunboat Katahdin, off Galveston about the eleventh of October last - about seven o'clock in the evening. I was going forward to the water closet. I saw a number of the crew on the port side. I heard quite loud talking among them, so much as to draw my attention about leaving the water closet, I heard the accused John Gavin say to some one "go to hell out of this or I will knock you down" or words to that effect. I recognized the accused John Gavin's voice: the moment after hearing him say that I heard some one give a groan. I could not recognize who it was. On leaving the water closet, going aft, I saw Gavin, the accused in the starboard side of the deck. I do not remember that I recognize any of the crew there.

Question by Judge Advocate: What were other words did you hear the accused use on that occasion referred to?

Answer: I have no recollection of any other words used.

Question by Judge Advocate: Did you or did you not see the accused assault or kick Levi Lee and thereby inflict any injury upon him?

Answer: I did not.

Question by Judge Advocate: While Levi Lee was lying on deck, did you or did you not hear the accused say to him "God damn you I will kill you"

Answer: No sir, I did not.

Question by Judge Advocate: Did you see Levi Lee lying upon deck.

Answer: No sir.

The Court, Judge Advocate and Accused having no further questions to ask, the evidence was read to the witness and pronounced to be correct. The witness was then permitted to retire.

Acting Ensign James G. Green, of the US Gunboat Katahdin, a witness on the part of the prosecution was called and duly sworn by the President of the Court.

Question by Judge Advocate: Please state what you know in reference to the first charge.

Answer: I know nothing about it.

The witness was then permitted to retire.

Levi Lee, a colored contraband of the US Gunboat Katahdin, a witness on the part of the prosecution was called and duly sworn by the President of the Court.

Question by Judge Advocate: What do you know in reference to the First Charge?

Answer: I was on board the US Gunboat Katahdin off Galveston some time last month. I don't remember what day; in the evening about six o'clock sitting on a hatch, and John Gavin the accused and John Cannon came skylarking with me. And the time that they were skylarking they got mad, one of them struck me with a stave. I cannot tell with one it was. I thought it was John Cannon struck me, but John Gavin said that it was him. I dropped on the deck and Gavin kicked me and said "damn you I will kill you." He kicked me in the mouth and broke a tooth and struck me with a stave, knocked out my eye.

Question by Judge Advocate: Did you hear the accused use any other words than those mentioned by you.

Answer: Not not after I was knocked down, I did not recollect anything else that was done.

The Judge Advocate having no further questions to ask.

Question by the Accused: Are you certain that I kicked you after you were lying on deck.

Answer: Yes sir.

Question by Accused: Did you not tell paymaster Jones of the Katahdin that it was Cannon and not Gavin that kicked you.

Answer: When I was first hurt, I told him that it was Cannon that kicked me.

Question by the Accused: Did you see me kick you?

Answer: I can't say that I saw you kick me, but heard you say there damn you I will kill you at the time that I was kicked.

The Court and Accused having no further questions to ask, the evidence was read over to the witness and pronounced correct. The witness was then permitted to retire.

Lewis Jones, Landsman on board the US Gunboat Katahdin, a witness on part of the prosecution was called and duly sworn by the President of the Court.

Question by Judge Advocate: What do you know in reference to the First Charge?

Answer: I was on board the Katahdin off Galveston. I think the 15th of October. I think it was about six o'clock in the evening. I was sitting down close by Levi Lee when he was hit by John Cannon with a barrel stave. He hit him up and down the face right over the eye. John Gavin passed over him and said "god damn you I will kill you." He Gavin kicked him as he passed over him.

Question by Judge Advocate: Was Levi Lee lying helpless on deck at the time he Gavin used these words?

Answer: Yes sir.

The Judge Advocate had no further questions to ask.

Question by Accused: Are you certain that it was me and not Cannon that kicked Levi Lee?

Answer: I am certain it was Gavin.

The accused had no further questions to ask.

Question by the Court: Were you present during the whole of the difficulty?

Answer: Yes sir

Question by the Court: Did you or did you not see the accused strike Levi Lee with a stave?

Answer: No sir

The Court had no further questions to ask. The evidence was read over to the witness and pronounced correct. The witness was then permitted to retire.

William Trusty, a Landsman on board the US Gunboat Katahdin was called and duly sworn by the President of the Court

Question by Judge Advocate: What do you know in reference to the first charge?

Answer: I was on board the Katahdin off Galveston, about two months ago in the evening about 7 o'clock. The accused Gavin and Levi Lee were skylarking. Levi Lee got tired and told Gavin that he did not want any more skylarking; then Gavin got mad, he picked up a stave out of a barrel and struck Levi Lee over the eye with it. Then Gavin says to Levi "damn you I will kill you"

Question by Judge Advocate: Did you or did you not see John Gavin inflict a severe injury on Levi Lee by kicking him while Lee was on deck?

Answer: Yes sir, I saw him kick him while upon his knees. His eye was hurt.

Question by Judge Advocate: Did you see Levi Lee lying helpless on the deck at the time specified?

Answer: Yes sir

Question by Judge Advocate: Did John Gavin kick Levi Lee while lying upon deck in a helpless state

Answer: No sir

The Court, Judge Advocate and Accused had no further questions to ask. The evidence was then read over to the witness and pronounced correct, and the witness was permitted to retire.

The evidence on the part of the prosecution was here closed.

The Court then adjourned until tomorrow morning 10 o'clock AM.

USS Portsmouth
10 o'clock AM, 20th November 1863

The court met pursuant to adjournment of yesterday

The proceedings of yesterday were read over and approved.

Thomas Dee, Landsman on board the US Gunboat Katahdin, a witness on the part of the defense was then called and duly sworn by the President of the Court.

Question by Accused: Did you see the accused John Gavin kick and thereby inflict any injury upon Levi Lee at the time specified?

Answer: No sir, I did not, but I saw him assault him.

Question by Accused: Did you hear the accused say "go to hell out of this or I will kick you down"

Answer: I did not

Question by Accused: While Levi Lee was on deck, did the accused say "god damn you , I will kill you"

Answer: No sir

Question by Accused: Did you see all of this affair, and how long did you remain on deck after Levi Lee was knocked down?

Answer: No sir, when the man received a blow with a stave, I saw him fall upon deck. As soon as he fell, I walked away, and when I returned, they took him to sick bay.

The accused and Judge Advocate having no further questions to ask.

Question by the Court: You have stated that the accused assaulted Levi Lee, what manner did he assault him?

Answer: Yes sir, striking him with a stave.

The Court having no further questions to ask, the evidence was read over, pronounced correct and witness was permitted to retire.

George White, Landsman of the US Gunboat Katahdin, a witness on the part of the defense was then called and duly sworn by the President of the Court.

Question: Did you see the accused, Gavin, kick Levi Lee and thereby inflict an injury upon him on the occasion referred to in the specification?

Answer: I did not sir.

Question by Accused: Did you hear the accused say "go to hell out of this or I will knock you down"

Answer: I did not sir

Question by Accused: While Levi Lee was on deck, did the accused say to Levi Lee "God damn you I will kill you"

Answer: I did not hear him say so.

Question by Accused: How much of the affair did you see?

Answer: I saw the whole affair from the commencement to the end of it, and I was about a yard or a yard and a half off.

The accused had no further questions.

Question by the Judge Advocate: Did you see the accused Gavin assault Levi Lee at the time specified?

Answer: I did sir.

The Judge Advocate had no further questions to ask.

Question by the Court: State how the accused assaulted Levi Lee.

Answer: He drew a stave out of a barrel standing on the port side of the deck and struck him on the left side of the head.

The court had no further questions to ask.

Question by the Accused: Do you know, or did you see anyone kick Levi Lee at the time specified?

Answer: I did sir

The accused having no further questions to ask, the evidence was read over pronounced correct and the witness was permitted to retire.

George W. Craft, Landsman on the US Gunboat Katahdin, was then called and duly sworn by the President of the Court.

Question by Accused: Did you see the accused Gavin kick and thereby inflict an injury upon Levi Lee at the time specified?

Answer: I did not see him kick him.

Question by the Accused: Did you hear the accused say to Levi Lee "go to hell out of this or I will knock you down"

Answer: I did not sir

Question by Accused: While Levi Lee was lying on deck, did accused say to him "god damn you I will kill you"

Answer: I did not hear him say so.

Question by Accused: Did you see all of the affair?

Answer: No sir, I see the accused strike Levi Lee with a stave.

The Court, Judge Advocate and accused having no further questions to ask, the evidence was read over, pronounced correct and witness was permitted to retire.

John Cannon, Landsman on the US Gunboat Katahdin, a witness on the part of the defense, was called and duly sworn by the President of the Court.

Question by accused: Did you see the accused kick Levi Lee, or hear him say to him "go to hell out of this" at the time specified?

Answer: No sir, I did not see him kick him. I saw him hit him with a stave. I did not hear him say "go to hell out of this"

Question by accused: While Levi Lee was lying on the deck, did the accused say to him "god damned you, I will kill you?"

Answer: I did not hear him say it. I was sitting on the gun-slide about two yards off.

Question by accused: Do you think I struck Levi Lee willfully?

Answer: I do not think that he struck Levi Lee willfully because they were always fooling together.

Question by accused: Was not Levi Lee and the accused skylarking together at the time the accused struck him?

Answer: No sir, because they always used to be skylarking, they were skylarking a few moments before this. I see them have cook's hatchets and staves at the galley on other occasions, sometimes Gavin would get a welt and sometimes Lee would get a welt. I never saw them fall out about it.

The court, Judge Advocate and accused having no further questions to ask, the evidence was read over, pronounced correct and the witness permitted to retire.

The evidence on both sides having closed, the accused was permitted to make the following statement:

"In regard to assaulting Levi Lee, I did not do it with any malice. We were merely skylarking, as we had often done before. I am sure I did not use any provoking words, if I did I did not mean anything by them. I am very sorry for what I said to Mr. Johnson, I was very much vexed at the time, on account of the language he used to me. I throw myself on the mercy of the Court, and hope that will be as lenient towards me as the nature of the case will admit."

The statements of the parties on oath being in possession of the Court, the Court was cleared for deliberation, and having maturely considered the evidence adduced, find the accused, John Gavin, Landsman on board the US Gunboat Katahdin as follows:

First Specification of First Charge: Proven so far as the said John Gavin, Landsman, did assault one Levi Lee, a contraband, influencing severe injury to the face and heading causing the partial loss of an eye.
Second Specification of First Charge: Proven so far as having used the words damn you I will kill you
Of the First Charge: Guilty
Of the Second Charge and Specification: Guilty by Plea

And the Court do therefore sentence the accused John Gavin, Landsman of the US Gunboat Katahdin, to be confined in the prison at Pensacola Navy Yard for the term of Five Years, at hard labor, to forfeit all the pay which is, or may become due him and to be dishonorably discharged at the expiration of this sentence.

The court then adjourned until tomorrow morning at 10 o'clock AM.

Charges and specifications of Charges preferred by Commodore H. H. Bell, commanding the Western Gulf Blockading Squadron pro tem against John Gavin Landsman belonging to the United States Gunboat Katahdin

Charge First: Assaulting a shipmate and using provoking words

Specification First: In this, that on or about the eleventh day of October, one thousand eight hundred and sixty three, on board the United States Gunboat Katahdin off Galveston, Texas, the said John Gavin, Landsman, did assault and kick one Levi Lee, a contraband, breaking a tooth and inflicting severe injury to the face and head causing the loss of one eye.

Specification Second: In this, that on the date and at the place before mentioned, the said John Gavin, Landsman, did say to the said Levi Lee "Go to Hell out of this, or I will knock you down", or words to that effect, and furthermore while the said Levi Lee was lying helpless upon the deck, the said John Gavin did say to him "God damn you, I will kill you" or words to that effect.

Charge Second: Treating with contempt his superior officer, whilst in the execution of his office.

Specification: In this, that on or about the twelfth day of October, one thousand eight hundred and sixty three, at the place before mentioned, while at the mast, and in the presence of his Commanding Officer, the said John Gavin, Landsman, did say "You can't expect justice from a set of damned nigger lovers" or words to that effect, and furthermore in reply to the question "what did you say" from his Commanding Officer, the said John Gavin did say "You are a set of damned nigger lovers" or words to that effect.

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

Witnesses:
Lt. Commander P. C. Johnson
Act. Surgeon Ira W. Bragg
Acting Master's Mate George Leonard
Acting Ensign James G. Green
Levi Lee
Lewis Jones

US Ship Portsmouth
November 23, 1863 10 o'clock AM

The court met pursuant to the adjournment of Saturday November 21st.

The following communication was received by the court and entered upon its proceedings on the 21st instant, in the case of John Cannon, landsman, viz:

USS Pensacola
New Orleans
Nov. 20th, 1863

Sir,
You are hereby relieved from duty as a member of a Naval General Court Martial, now in session on board the USS Portsmouth.

Respectfully
H. H. Bell
Commodore

Lieut. Comdr
J. P. Stillwell
New Orleans

On meeting of the Court this morning the record of the proceedings of the trial of John Gavin, Landsman, was returned by the commander-in-chief for reconsideration of the sentence together with a letter from said Commander in Chief the original of which is hereto appended and marked "B". The Court after mature consideration of the subject matter contained in the communication of the commander-in-chief do reconsider the sentence, and sentence the accused John Gavin, Landsman, to be confined in the prison at the Navy Yard New York instead of at the Navy Yard at Pensacola; therefore the sentence of the court is as follows, viz: to be confined in the prison at the Navy Yard New York for the term of five years at hard labor, to forfeit all pay which is or may become due him and to be dishonorably discharged at the expiration of this sentence.

The sentence of this court is approved and is ordered to carried into execution.
H. H. Bell
Commodore
Commanding West Gulf Blockading Squadron pro tem

US Ship Pensacola off New Orleans
November 23rd, 1863

To Captain John B. Marchland, US Navy
Presiding member of the Naval General Court Martial convened on board of the US Ship Portsmouth

Sir
I hereby refer back to the court over which you preside the record of the proceedings in the case of John Gavin, Landsman, for reconsideration of this sentence.

The Navy Yard Pensacola being a mere ruin and destitute of a proper prison, and the re-establishment of the yard questionable, it is very doubtful whether the sentence of the court could be carried out there.

I have the honor to be
very respectfully
H. H. Bell
Commodore

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