United States vs. Thomas Collins, Ordinary Seaman, USS Aroostook

Another victim of the 2nd Louisiana Mounted Infantry's "press gang" luring drunk sailors into trouble.

Thomas Collins was sent to Sing Sing 9 March 1864 as a result of this trial, was released from prison 4 July 1865 by order of the Secretary of the Navy and discharged from the Navy 14 July 1865. The schooner Eureka and her cargo sold for $27,273.88 at the New Orleans prize court and Collins lost out on his share of the $24,608.88 ($407,824 in 2019 dollars) that was split among the Aroostook's crew for his mistake of getting drunk with his buddies. He also was denied a pension despite having served honorably for a previous enlistment in 1859-1861 and a later enlistment from 1870-1873.

Proceedings of a Naval General Court Martial held on board the US Ship Portsmouth, commencing 29th December 1863, by virtue of the order of Commodore H. H. Bell, commanding W. G. B. Squadron pro tem, a copy of which is hereto annexed and marked "A".

USS Portsmouth
Off New Orleans, 4 January 1864
10 o'clock AM

The 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.

The Court having finished the case of Joseph Whitehurst, Landsman, of the U. S. Gunboat Port Royal, proceeded to the trial of Thomas Collins, Ordinary Seaman of the US Gunboat Aroostook.

The accused was present in Court.

The Order convening the Court having been read, the Accused, on being asked, states that he has no objection to any member named therein, that he was prepared for trial and did not wish the privilege of introducing counsel.

The Charge and Specification was read by the Judge Advocate, and the Accused pleaded not guilty.

The Court was then cleared for the trial and Acting Ensign John Griffin was duly sworn as a witness on the part of the prosecution, and testified as follows.

On the 15th of December, 1863, I arrived at New Orleans, in charge of the prize schooner Eureka, a prize of the Aroostook and in obedience to orders, reported to Commodore Bell. He ordered me to to go the US Prize Commissioner with the papers belonging to the schooner and to deliver the prisoners over to the US Marshal and after doing so, to go on board the tug boat Ida and be towed into whatever pier the US Marshal's deputy wished to have her taken. I had on board the Eureka three men from the Aroostook as a prize crew, and Thomas Collins, the accused, was one of them. When I delivered her over to the US Marshal, I took the other two men of the prize crew to pull the boat and leaving Thomas Collins in charge of the arms belonging to the US Gunboat Aroostook. When I returned on board the schooner from the USS Pensacola, after reporting to the Commodore that I had delivered over the vessel to the proper authorities, I found that Thomas Collins had left the schooner and gone on shore without my permission. I waited about one hour to see if he would return and then took my other two men on board the US Steamer Tennessee. I went to the Pensacola the next morning and reported him to the Commodore for deserting the schooner. The Commodore ordered me to offer a reward of twenty dollars, and me go go on shore and try to find him, which I could not do. I recognize the prisoner now before the Court as the same man, Thomas Collins. I know nothing further of the matter.

Question by Accused: Did you or did you not leave the ship-keeper, who had come on board from shore, in charge of the ship?

Answer: The ship-keeper had charge of the vessel and cargo, but you were left in charge of government property on board, consisting of muskets, ammunition, etc., also part of a hawser.

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

The court adjourned to meet at 10 o'clock A.M. on the 5th instant.

USS Portsmouth
Off New Orleans, 5 January 1865
10 o'clock A.M.

The proceedings of yesterday were ready over when Acting Ensign John Griffin was recalled as a witness and testified as follows:

Question by the Accused: Were not the arms belonging to the Aroostook taken from the Eureka in the boat that took your trunk and that left the schooner before I did?

Answer: No, the arms were on board when I left you in charge.

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

Sergeant Joshua E. Shreve, of the Marine Guard of the USS Pensacola, was duly sworn as a witness on the part of the prosecution and testified as follows:

I went by order of Lieut. Comdr. McNair, Executive Officer of the Pensacola with a soldier, to the Provost Marshal's after a man whom I recognize to be the prisoner now before the Court, and took him on board the Pensacola, on or about the 18th December, 1863. This is all I know in regard to the matter.

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

Lieut. W. J. Walker, 165th New York Volunteers, was duly sworn as a witness on the part of the prosecution, and testified as follows:

A man whom I recognize to be the prisoner now before the Court was brought before me as an enlisted man of the Second Louisiana Calvary. He had on at the time a pair of navy blue pants which I recognized as being a portion of the naval sailors uniform. I accused him of being a deserter from the Navy, which he at first denied, but after a little cross questioning, acknowledged it that he had been sent upon a prize schooner and had deserted her. This was on or about the 17th of December, 1863. I sent him to the Provost Marshal on the 18th. He enlisted under the name by which he is now known, Thomas Collins. I am Acting Post Adjutant at the Alabama Mess, the General Depot for recruits.

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

The written defense hereto annexed and marked C, was then read to the Court.

The Court was then cleared for deliberation, and having maturely considered the evidence adduced, find the accused, Thomas Collins, OS, of the US Gunboat Aroostook, as follows:

The Specification Proven, except "when left temporarily in charge of her" but proven that he did desert when left in charge of arms and other public property on board belonging to the Aroostook.

Of the Charge Guilty.

And the Court do therefore sentence him, the said Thomas Collins, Ordinary Seaman, of the US Gunboat Aroostook:

To be imprisoned for life at hard labor, without pay, in any prison or penitentiary the Honorable Secretary of the Navy may select, to forfeit all pay and prize money now due or may become due him. This sentence to be read on the Quarter Deck of all the 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
Paymaster C. W. Hassler, Judge Advocate

The proceedings and sentence are hereby approved.
H. H. Bell
Commodore
Commanding W. G. B. S. pro tem
Jan. 7 1864

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:

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

Charge and specification of charge preferred by Commodore H. H. Bell, commanding Western Gulf Blockading Squadron pro tem, against Thomas Collins, Ordinary Seaman, belonging to the United States Gunboat Aroostook.

Charge: Desertion in time of war.

Specification: In this, that on or about the fifteen day of December, one thousand eight hundred and sixty three, Thomas Collins, Ordinary Seaman, belonging to the United States Gunboat Aroostook, and temporarily on board the Schooner Eureka, prize to said Gunboat Aroostook, as one of a prize crew, did desert from said schooner at New Orleans (when left temporarily in charge of her) during the necessary absence on duty of the prize master of said schooner Eureka, and did attempt to enlist in the Second Louisiana Calvary, sometime between that day and the time he was brought on board of the United States Ship Pensacola, on the eighteenth day of December, one thousand eight hundred and sixty three.

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

Witnesses:
Acting Ensign John Griffin
Dr. J. S. Ferguson, U.S.A.
Sergeant Charles W. McHaffy
Lieut. W. J. Walker, 165th N.Y. Vols.
Captain J. M. Buchanan

Defense

In extenuation of the offense with which I am charged, I would respectfully state to the Court that when I left the prize schooner, it was not my intention to desert the naval service. I went up to the hospital to see three of my messmates who were there sick, and after seeing them I was returning to the river intending to go to the flag ship, then I met some friend and got tipsy.

When intoxicated some soldiers got hold of me and induced me to enlist in the Second Louisiana Calvary. They took off my clothes, and gave me others, but said that I would get my own clothes the next morning. They promised to get my discharge from the Navy and my prize money, which I thought might be one as my term of enlistment had expired on the 12th of December, 1863 and on such conditions only was I willing to enlist in the Army. I could not have any thought of deserting the service for I knew that by doing so I would forfeit my pay and prize money, and I would have entirely rejected all idea of enlisting in the Army had not those solders said they could and would obtain my discharge and my prize money for me. I would respectfully state that I have a young wife at home, and I would refer to the Captain Franklin for evidence of my faithful conduct on board the Aroostook, while he had command of her. I pray the leniency of the Court.

Thomas Collins

Witnesses:
L. H. Newman, Lt. Commander
W. N. Allen, Lt. Commander

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