United States vs. Francis Doyle, Acting Master's Mate, USS Estrella

Francis Doyle was a former Master-at-Arms who was appointed Acting Master's Mate 26 October 1863, confirmed 1 December 1863 and remained on board the Estrella. I can not find Doyle listed in any Naval Register nor in Callahan's List of Officers, so I am unable to determine when exactly Doyle was dismissed, nor can I locate any letters about this trial to determine if he was even sent to the Orleans Parish Prison.

The Estrella at the time was at the Quarantine Station below New Orleans due to a Yellow Fever epidemic that had broken out aboard her in the late summer/autumn of 1863 that killed twenty of her crew.

Proceedings of a Naval General Court Martial convened on board the US Ship Portsmouth, commencing December 14th, 1863

USS Portsmouth
Off New Orleans, 16th December 1863
10 o'clock A.M.

The Court met pursuant to adjournment, and in accordance with the order, proceeded to the trial of Acting Master's mate Francis Doyle of the US Steamer Estrella.

Present:
Captain J. B. Marchland
Commander W. E. LeRoy
Lieut. Comdr W. R. Mayo
Lieut. Comdr P. C. Johnson, Jr.
Lieut. Comdr W. E. Fitzhugh
Lieut. Comdr W. H. Dana
A. V. Lieut. James R. Beers
and Paymaster C. W. Hassler, Judge Advocate.

also Acting Master's Mate Francis Doyle, the accused; Acting 3rd Asst. Engr. George R. Marble of the Estrella, and Samuel McMahone, Captain of the Afterguard of the Portsmouth, witnesses on the part of the prosecution.

The Judge Advocate having read the order convening the Court, asked the Accused, Acting Master's Mate Francis Doyle, if he had any objection to any member named therein, to which he replied in the negative.

The Judge Advocate was then duly sworn by the Presiding Officer of the Court, and the Court duly sworn by the Judge Advocate, all in presence of the accused.

The Accused, on being asked, said he was prepared for trial and did not wish the privilege of introducing counsel.

The charge was read aloud by the Judge Advocate and the accused, Acting Master's Mate Francis Doyle of the US Steamer Estrella, pleaded as follows:

Of Charge First: Guilty
Of Charge Second: Not Guilty

The Court having been cleared for trial, Acting 3rd Assistant Engineer George R. Marble was duly sworn as a witness for the prosecution and testified as follows:

I was attached to the Estrella on the day specified, and was myself on shore opposite the Quarantine Station on the Mississippi River. After Mr. Doyle had got through beating me, I went into the house and he followed me up. Mr. Burdell, at whose house I was boarding, was helping me and as I passed through the doorway of my room, I heard the report of a pistol and heart the shot strike on the opposite side of the room. It passed through the boards of the door and struck the other side of the room. That was the last I saw or heard of Mr. Doyle that afternoon as I was then put to bed where I was confined nine days in consequence of the previous assault mention in the first charge. I think Mr. Doyle fired the pistol as he had previously used it in striking my head and he was the only one I saw with a pistol at the time.

The testimony was read over to the witness who said it was correctly recorded.

Samuel McMahone, Captain of the Afterguard of the USS Portsmouth, was duly sworn as a witness on the part of the prosecution and testified as follows:

On the day mentioned I was on duty on board the schooner carrying guns to the forts and went to the house mentioned in the specifications for the purpose of making a purchase, a store being kept there. I was standing in the front doorway when the assault mentioned in the first charge took place, and soon after Mr. Marble and Mr. Doyle came into the house together, and as soon as they came the bar keeper and a lady assisted Mr. Marble to his room. The door of his room was partly opened and he was going in when Mr. Doyle cocked his pistol and fired it, Mr. Doyle then being about four yards distant from Mr. Marble and the shot passing through the boards of the door about two or three feet from Mr. Marble.

Here the witness explained, by placing persons, the positions in which the parties were, relatively to each other, at the time the pistol was fired by Mr. Doyle. Mr. Marble had his hand upon the door knob, the door partially opened, the bar-keeper and the lady near Mr. Marble, the accused opposite the door of Mr. Marble's room, and the witness off on one side, two working men being also in the room, all as illustrated in the accompanying diagram, which was presented to the witness and said by him to be correctly drawn. The witness then continued; Mr. Marble then went into the other room and the door was closed. Sometime after the bar-keeper said Mr. Marble was shot through the neck, and Mr. Doyle then said he was sorry for what he had done but it couldn't be helped now. Mr. Doyle then went away.

Question by the Accused: How long had you been at the store before this occurred?

Answer: About five or ten minutes.

Question by the Accused: Before you came to this store did you not stop at a store below and take a drink?

Answer: I took one wineglass full of whiskey about 8 o'clock at a store about half a mile or a mile below that one.

Question by the Accused: Had you not been drinking with some of the crew of the Estrella that morning?

Answer: No I did not.

Question by the Court: At what time did the firing of the pistol take place?

Answer: I think it must have been somewhere about eleven or twelve o'clock.

Question by the Court: What were you doing between the time you took the whiskey at eight o'clock and the time of the firing of the pistol?

Answer: I took my breakfast at a friend's house and he walked down with me to the store and I think he saw the occurrence.

The testimony was read over to the witness who said it was correctly recorded.

The testimony on the part of the prosecution being closed, Peter Gillespie, Quartermaster of the Estrella, was duly sworn as a witness on the part of the defense and testified as follows:

Question by the Accused; Did you not see McMahone, - here McMahone Captain of Afterguard USS Portsmouth was called and identified by the witness - on the morning of the 22nd November before the twelve o'clock and was he not under the influence of liquor at that time?

Answer: I saw him in the store before the firing occurred about eleven o'clock, I should say, and about a quarter of an hour after the firing, and he was then in liquor, and at four o'clock in the afternoon he seemed to be worse.

The testimony was read over to the witness who said it was correctly recorded.

John King, 1st Class Fireman on board the Estrella, was duly sworn as a witness for the defense and in extenuation of the first charge, testified as follows:

Question by the Accused: What do you think was the reason of or cause of my assault upon Mr. Marble?

Answer: I heard Mr. Marble speak of Mr. Doyle, when he was not present, on or about the evening of the 21st November. Mr Marble said Captain Cook had given him command of the ship while he, Captain Cook, was absent, and that he did not think it was right for Mr. Doyle to countermand his orders and send a man ashore that he wanted to keep on board. Mr. Marble also said "Damn him, he hadn't ought to have done it," and then again he said "I won't curse him." I think this was the cause of the assault by Mr. Doyle upon Mr. Marble.

The testimony was read over to the witness who said it was correctly recorded.

The accused desired to bring forward no further witnesses for the defense and presented the Court the written defense.

The Court was then cleared for deliberation and having maturely considered the evidence adduced, find the Accused, Acting Master's Mate Francis Doyle as follows:

The Specification of the First Charge: Proven by admission
Of the First Charge: Guilty by plea

The Specification of the Second Charge: Proven by testimony
Of the Second Charge: Guilty

And the Court do therefore sentence him the said Francis Doyle, Acting Master's Mate of the US Steamer Estrella to be confined for twelve months in such prison in the City of New Orleans as the Commander in Chief of this Squadron may designate, and without pay, at the expiration of which time he shall be dismissed from the Naval Service.

Captain J. B. Marchland
Commander W. E. LeRoy
Lieut. Comdr W. R. Mayo
Lieut. Comdr P. C. Johnson, Jr.
Lieut. Comdr W. E. Fitzhugh
Lieut. Comdr W. H. Dana
A. V. Lieut. James R. Beers
Paymaster C. W. Hassler, Judge Advocate

The proceedings and sentence of the court are hereby approved; and will be carried into execution this day, the imprisonment to be in the Parish Prison, New Orleans, Louisiana.

H. H. Bell
Commodore
Commanding W. G. B. Squadron Pro tem
US Ship Pensacola off New Orleans December 19th 1863

US Steam Sloop Pensacola
Off New Orleans, La.,
December 14th 1863

By virtue of authority reposed in me, a Naval General Court Martial is hereby ordered to convene on board the United States Ship Portsmouth on the fourteenth day of December one thousand eight hundred and sixty three, or as soon thereafter as practicable for the trial of Acting Master's Mate Henry Heliker of the United States Ship Arizona, and such others 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 W. E. LeRoy
Lieut. Comdr W. R. Mayo
Lieut. Comdr P. C. Johnson, Jr.
Lieut. Comdr W. E. Fitzhugh
Lieut. Comdr W. H. Dana
A. V. Lieut. James R. Beers
and Paymaster C. W. Hassler is hereby appointed Judge Advocate.

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

Charges and Specifications of Charges preferred by Commodore H. H. Bell, commanding the Western Gulf Blockading Squadron pro tem, against Acting Master's Mate Francis Doyle of the United States Steamer Estrella.

Charge First: Assault upon an officer,

Specification: In this, that on or about the twenty second day of November, one thousand eight hundred and sixty three, Acting Master's Mate Francis Doyle of the United States Steamer Estrella, did make an assault upon and beat Acting Third Assistant Engineer George R. Marble, of the United States Steamer Estrella, the said Acting Master's Mate Francis Doyle having called the said Acting Third Assistant Engineer George R. Marble out from the house where he was living, and which was occupied by the officers of the Estrella as quarters while she was in Quarantine, in order to make said assault, all having occurred on shore on the Mississippi River.

Charge Second: Scandalous Conduct

Specification: In this, that on or about the twenty second day of November, one thousand eight hundred and sixty three, the said Acting Master's Mate Francis Doyle, after having made an assault upon and injured the said Acting Third Assistant Engineer George P. Marble, did fire a pistol into the house where the said Acting Third Assistant Engineer George P. Marble was, all having occurred on shore on the Mississippi River.

Witnesses:
Samuel McMahone, Captain of the Afterguard, USS Portsmouth
Acting Third Assistant Engineer George P. Marble, USS Estrella

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

Defense

In extenuation of the offense with which I am charge, I would respectfully make the following statement.

And first: in regard to the first charge, I was at the time specified, the only watch officer on board the Estrella, and therefore in charge of the vessel. Captain Cook was living on shore. On the morning of the 22d November, Mr. Foot, Paymaster Clerk, told me that Mr. Marble had been saying disrespectful language toward me in the presence of the man King, who has been before the Court and two or three Engineers of the vessel, which language tended to lessen my authority over the crew. On hearing this, I went to see Mr. Marble for the purpose of asking an explanation. Upon meeting him angry words passed between us he using provoking words towards me saying "kiss my ass" and we took hold of each other and the fight continued I got the better of him. I am positive Mr. Marble was moving about on the third or fourth day after this occurred.

Secondly, in regard to the second charge.

It was the custom for the officers to carry pistols with them for their protection, and this one, at the time specified, was fired not intentionally but by accident. I had hold of it by the cylinder and it went off before I knew and much to my surprise. Mr. Marble has since told me that if his pistol, which he had on him, had been capped, he would have shot me.

Respectfully
Francis Doyle
Acting Master's Mate
United States Str. Estrella

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