United States vs. Francis Arthur, Ordinary Seaman, USS New London

A victim of the 2nd Louisiana Mounted Infantry recruiting practices. Francis Arthur was sent to Sing Sing, but President Andrew Johnson remitted his confinement beyond 31 December 1865 after Arthur pleaded for clemency.

Proceedings of a Naval General Court Martial held on board the US Sloop of War Portsmouth, commencing 29th Dec 1863.

USS Portsmouth
Off New Orleans
10 o'clock A.M. 29th Dec 1863

The Court met in pursuance to the order of Commodore H. H. Bell, commanding W. G. B. Squadron, pro tem.

Present:
Captain J. B. Marchland
Commander L. C. Satori
Commander W. E. Le Roy
Commander M. B. Woosley
Lieut. Comdr. W. R. Mays
Lieut. Comdr. L. M. Newman
Lieut. Comdr. W. N. Allen and
Paymaster C. W. Hassler, Judge Advocate.

and the accused, Francis Arthur, Ordinary Seaman, of the US Steamer New London, also Acting Ensign E. Biondi and Acting 2nd Asst. Engr. H. P. Powers, witnesses.

The Judge Advocate having read the order convening the court, asked Accused, Francis Arthur, O.S., 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 was duly sworn by the Judge Advocate.

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

The charge was read aloud by the Judge Advocate, to which the Accused, Francis Arthur, pleaded not guilty.

The Court having been cleared for trial. Acting Ensign E. Biondi of the US Steamer New London was duly sworn as a witness on the prosecution and testified as follows:

I recognize the prisoner as being Francis Arthur, belonging to the US Steamer New London. On the 25th of July he was found missing at quarters. The vessel left this city on that day. A few days after we returned here in December, he was brought on board by a police officer, and I recognize him to be the same person whom I named as having been missing on our departure from the city. When brought on board he was dressed in soldiers uniform but I do not know whether calvary or infantry.

Question by the Court: Had the Accused permission to be ashore at the time you have mentioned that he was missing at quarters on the 25th July 1863?

Answer: I do not know.

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

Acting 2nd Assistant Engineer H. P. Powers of the US Steamer New London was duly sworn as a witness on the part of the prosecution and testified as follows:

I recognize the prisoner as belonging to the New London and that he was missing at quarters on the morning of the 25th July 1863 when the vessel was lying off New Orleans, though I do not know whether he had permission to be ashore or not, though it was my own belief and that of others that he had not permission. I did not see him when he was brought on board after we had returned here. The first time I did see him he had on soldier's uniform but I cannot say whether cavalry or infantry. We returned here on or about the 13th of December 1863, having been absent since the 23th of July 1863.

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

Acting Ensign E. Biondi was recalled and in addition to his previous testimony presented to the Court, in evidence, the original log book of the New London from which is a true copy, Mr. Biondi testifying to his signature to these remarks. "December 17th 1863 From Meridian to 4 P.M. (as per col) Francis Arthur (OS) was brought on board by a police officer. Confined him in double irons for desertion. At 3 Flag Ship made general signal No 1034; furled sails. (signed E. Biondi)"

And the Judge Advocate further presented to the Court the following section from the logbook of the USS New London, Mr. Biondi having verified the signature of Acting Ensign E. Pendexter.

"July 25th, 1863 From 8 AM to 12 Meridian. At 9 A.M. US Sloop Richmond came down the river and anchored. At 9.30 A.M. mustered the crew and found John McDermott and Francis Arthur absent without leave. (signed E. Pendexter)"

A. V. Lieut. W. D. Roath, Commanding USS Bohio was duly sworn as a witness on the part of the prosecution and testified as follows: I was Executive Officer of the New London at or about the time during the month of July that Francis Arthur, whom I recognize as the prisoner now before the Court, was missing from the ship. He left without permission; took "French leave." I was on board the vessel till the 29th of July when, at Galveston, I was detached and this man had not returned up to that time. He left the ship sometime during the night. I saw him between 8 and 12 o'clock of the night previous to his being found missing and we went to sea a day or so afterwards. Before leaving I signed a paper offering a reward for him and directing that he should be taken on board the Pensacola should he be caught as the New London was under sailing orders. By reference to the Log Book, I find that the ship went to sea the same day that the Prisoner was reported missing. When in New Orleans for a few hours during the month of August I saw and recognized the prisoner he then being in the uniform of a cavalry soldier. I was riding down in a great hurry to meet the steamer Eugenie for a passage to Pensacola and stopped the carriage to have him arrested but as he just then turned a corner and got out of my sight I did not so. I think he recognized me.

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

Acting Ensign E. Biondi was again recalled and testified as follows:

Question by the Court: Was the prisoner on board the New London at any time from the date he was reported missing in July until the return of the vessel here in December?

Answer: I know that he was not on board during that time.

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

The examination of the witness on the part of the Prosecution having been closed, the Accused stated that he had no witness to present for the defense and desired to present the Court with the written Defense.

The Court was cleared for deliberation and having maturing considered the evidence adduced, find the Accused, Francis Arthur, Ordinary Seaman of the USS New London as follows:

The Specification: Proven excepting the words cavalry in the phrase "brought on board in the uniform of a cavalry solder."

Of the Charge: Guilty

And the Court do sentence him, the said Francis Arthur, Ordinary Seaman of the USS New London to fifteen years hard labor without pay in any penitentiary at the North the Honorable Secretary of the Navy may designate; and to forfeit all pay and prize money now due him. This sentence to be read on the quarter deck of all vessels of this squadron.

Captain J. B. Marchland
Commander L. C. Satori
Commander W. E. Le Roy
Commander M. B. Woosley
Lieut. Comdr. W. R. Mays
Lieut. Comdr. L. M. Newman
Lieut. Comdr. W. N. Allen and
Paymaster C. W. Hassler, Judge Advocate.

US Ship Pensacola
Off New Orleans
December 30th 1863

Sir
I return to you the record of the proceedings of the Court over which you preside, in the case of Francis Arthur (ordinary seaman) for the sentence to be better defined. Something essential to the meaning appears to be omitted, following the word "to" at the beginning of the fourth line: "confinement for a period of" could be an inference only.

I am
Very Respectfully
H. H. Bell
Commodore
Comd'g W. G. B. S. pro tem

To Captain J. B. Machland, USN
Senior Member of the Naval General Court Martial on board of US Ship Portsmouth

USS Portsmouth
Off New Orleans
30th December 1863

Court met pursuant to adjournment.
Present:
Captain J. B. Marchland
Commander L. C. Satori
Commander W. E. Le Roy
Commander M. B. Woosley
Lieut. Comdr. W. R. Mays
Lieut. Comdr. L. M. Newman
Lieut. Comdr. W. N. Allen and
Paymaster C. W. Hassler, Judge Advocate.

A communication was received from the commander in chief, and returning the record in the case of Francis Arthur, Ordinary Seaman, all of which the Court maturely considered and decided that there was an omission in the Record of the following words in the sentence: "confinement for the period of" and that the sentence of the Court then was and still is as follows:

And the Court do sentence him, the said Francis Arthur, Ordinary Seaman of the USS New London to confinement for fifteen years hard labor without pay in any penitentiary at the North the Honorable Secretary of the Navy may designate; and to forfeit all pay and prize money now due him. This sentence to be read on the quarter deck of all vessels of this squadron.

The proceedings and sentence of the Court are hereby approved
H. H. Bell
Commodore
Comd'g W. G. B. S. pro tem
US Steam Sloop Pensacola
Off New Orleans, La
January 1st, 1864

In extenuation of the offense with which I am charged I would respectfully represent to the Court that when I left the New London I did not intend to desert, nor have I since intended to do so.

I had not had liberty and when I left the ship did not know that she was under sailing orders. The next day I came down to the river to go aboard the Pensacola but met some soldiers who got me drunk and enlisted me as a calvary soldier.

When I saw Mr. Roath in the city, I wished to speak with him, but the officer I was with would not let me, and coming here from New Iberia a short time ago and finding the New London was here I gave myself up and requested that I might be taken on board.

Francis Arthur

Witnesses
C. W. Hassler
L. M. Newman

US Steam Sloop Pensacola
Off New Orleans, La. December 28th 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 twenty ninth day of December one thousand eight hundred and sixty three, or as soon thereafter as practicable for the trial of Francis Arthur, Ordinary Seaman, of the United States Steamer New London, 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 L. C. Satori
Commander W. E. Le Roy
Commander M. B. Woosley
Lieut. Comdr. W. R. Mays
Lieut. Comdr. L. M. Newman
Lieut. Comdr. W. N. Allen
Paymaster C. W. Hassler is hereby appointed Judge Advocate

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

Charge and Specification of Charges preferred by Commodore H. H. Bell, commanding Western Gulf Blockading Squadron pro tem, against Francis Arthur (ordinary seaman) of the United States Steamer New London.

Charge: Desertion in time of war.

Specification: In this, that on or about the twenty fourth day of July one thousand eight hundred and sixty three, Francis Arthur (ordinary seaman) of the United States Steamer New London did desert from the said steamer New London at the city of New Orleans and was absent from said steamer New London until the seventeenth day of December one thousand eight hundred and sixty three, when he was brought on board by a police officer, the said Francis Arthur being at the time in the uniform of a cavalry soldier.

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

Witnesses
Acting Ensign E. Biondi
Acting 2nd Asst. Engineer H. P. Powers
Sergt James McGowan

To his Excellency Abraham Lincoln
President of the United States of America

Respectfully represents that the undersigned, that he was born in Ireland and is twenty four years of age: that he came to this country with his widowed mother when eight years of age: that about eight years ago he commenced following the sea as a profession: that afterwards, to wit in the year 1857, he enlisted in the British Navy for seven years: that he remained there until the breaking out of the Southern Rebellion, when he purchased the balance of the his time by the payment of twenty pounds sterling: that having a desire to assist his adopted county in her hour of trial, he immediately returned to this country, and shipped in the American Navy, in the year 1862 he was attached to the Gunboat New London and that for gallant and meritorious conduct at the Battle of Sabine Pass, Captain Read promised to particularly mention him to the Secretary of the Navy: that while the ship was at New Orleans without any design of deserting, he went ashore without leave, got drunk; and when he got over his drunk, he desired to return to his ship, but she had sailed: that having no desire to leave the service of his country, and not knowing when his ship would return, he enlisted in the Second Louisiana Calvary, he was sent to New Orleans with an escort: that upon his arrival at that place, he learned that the New London was then in that port, and as the quickest way of rejoining her, he went to a policeman and told him this story: that said policeman consulted his memorandum and there arrested him as a deserted, and carried him aboard the ship; that in the mean time Captain Read had died, and that all the officers who had known him except the Engineer and mate had been transfered: that he was afterwards tried by Court Martial for desertion, and sentenced to forfeit all pay and prize money and to be confined at hard labor for fifteen years in Sing Sing State Prison; that he thinks there was about $150 wages and $700 prize money due from the Navy and four months pay from the Army: that when he left said ship he had no desire to desert from the service and that the only desire he had or has is to serve his country in her hour of peril: that he has an aged mother who depends upon him for support and also younger brother and sister: that he would be and is willing to rejoin either branch of the service and serve out his full time.

Wherefore he prays that he may be a recipient of executive clemency and that he may receive pardon for this his offense and he will ever pray for your and the nation's welfare.

Francis Arthur

I certify to the good conduct of Francis Arthur since he has been confined in this prison, Sing Sing Apr 5th 1865
William B. Stanly
Principal Keeper

Case of Francis Arthur, Ordinary Seaman, USS New London

Tried by order of Como. H. H. Bell on board the USS Portsmouth off New Orleans Dec 29 1863

Charge: Desertion in time of war

Substance of Specification: July 24 1863 at the city of New Orleans deserted and was brought back by police officer Dec 17 1863 in the uniform of a calvary soldier.

Pleaded not guilty, found guilty

Sentence: Fifteen years at hard labor without pay in any penitentiary at the North the Secretary of the Navy may designate and to forfeit all pay and prize money due him.

The accused claims that while on shore he was made drunk and enlisted into the cavalry service. That at the first opportunity he gave himself up, that he never intended to desert and was forbidden by officers from returning before.

The evidence shows that he left the ship by night without leave. The ship went to sea the next morning. He was seen in August and recognized by one of the officers of the New London in soldier's uniform. The evidence is very brief but proves the case. The term of confinement is much longer than average, which for this offense, with no more aggravation is from one to three years.

Executive Office
June 3 1865

So much of the sentence in this case as imposes imprisonment beyond Dec 31 1865 is remitted

Andrew Johnson
President, United States

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