United States vs. Robert Hyman, Ordinary Seaman, USS Hollyhock

Proceedings of a Naval General Court Martial held on board the U.S. Ship "Portsmouth", commencing 29th Dec., 1863, by virtue of an order of Commodore H. H. Belle, Comd'g W. G. B. Squadron pro tem, a true copy of which is hereto annexed and marked "A".

U.S.S. "Portsmouth"
Off New Orleans, 7 January, 1864
10 o'clock, A.M.

The Court met pursuant to adjournment yesterday and having finished the case of Patrick O'Keefe, Landsman, of the U.S. Steamer "Hollyhock" proceeded to the trial of Robert Hyman, Ordinary Seaman of the U.S. Steamer "Hollyhock".

Present: Captain J. B. Marchland,
Commander L. C. Sartore
Commander W. E. Le Roy
Commander M. B. Woosley
Lieut Comdr W. K. Mays
Lieut Comdr L. H. Newman
Lieut Comdr W. N. Allen, and
Paymaster C. W. Hassler, Judge Advocate,
also present the Accused, Robert Hyman.

The Order convening the Court was read and the Accused, on being asked, said that he had no objection to any member named therein, and that he was prepared for trial.

The Judge Advocate was then duly sworn by the Presiding Member of the Court, and the Members by the Judge Advocate.

The Accused desired that Act. Paymaster C. Schenck might be admitted as his counsel - which was granted.

The charge was read aloud by the Judge Advocate and the Accused pleaded -- Not Guilty --.

The Charge in hereto annexed and marked "B".

The Court was then cleared for the trial and Acting Master M. Jordan was duly sworn as a Witness on the part of the Prosecution and testified as follows:

I am in command of the U. S. Steamer "Hollyhock" lying off New Orleans. I had been ashore the evening of January 1st, 1864, and came on board soon after eight o'clock. Mr. Milk, Master Mate, came to me and told me that the men had rum in the forecastle and were very noisy. I went to the forecastle and told them to stop, and some one of them , I do not know who it was, sang out "Come down and take the rum away from us, you dammed sons of bitches." I thought this was addressed to all the officers of the ship who were standing around near me. I then went up on to the hurricane deck and they followed me, and this man now before the Court, Robert Hyman, O.S., was one of them. He was very drunk when he came up and I told him to go below and he said he wouldn't go below till he got ready. I told Mr. Milk to put him in irons and Hyman said he couldn't put him in irons and then he (Hyman) started and went nigh off below. I then sent Mr. Butler, Acting First Assistant Engineer, of the "Pensacola" for assistance, that before he returned I got them all below and quiet. The marines from the "Pensacola" put the men who were drunk - Hyman was one of them - in irons. Hyman was then so drunk that he couldn't do anything but holler. During the night he got his irons off and in the morning I found him in the fireroom. I told him to come up from there and he said he would be dammed he would come up for me, and then took and handled him up and put the irons on him again, and he said that as fast as I got the irons on him, he would take them off, and I found that he did do it after I took him below. When Mr. Milk was putting him in irons the next morning he called out "You dammed son of a bitch," and I think he meant Mr. Milk and not me. He continued to be noisy till he was taken on board the "Pensacola" about half past ten o'clock A.M. of the 2nd January. and I had to gag him.

Question by the Court: Was the Accused drunk or sober on the morning of the Second of January, 1864?

Answer: He was drunk, I should think; he hadn't got over his drunkenness of the night before.

Question by the Court: Has the "Hollyhock" an officer of the rate of Master-At-Arms, or a Marine guard on board?

Answer: No; she has neither.

The testimony was ready over and the Witness who said it was correctly recorded.

Acting 1st Assistant Engineer J. F. Butler was duly sworn as a Witness for the Prosecution and testified as follows:

I am attached to the U. S. Steamer "Hollyhock" and on the 1st January, 1864, she was lying off New Orleans. On the evening of that day between seven and eight o'clock I heard a considerable noise in the forecastle and when I went forward to see what was the matter they, the men, were all drunk and the prisoner was one of the party. I waked them for the light which they had, and they refused to give it to me. Someone, unknown, threw a chair at me. I was sent to the "Pensacola" for assistance, and on my return the prisoner now before the Court refused to be put in irons when the Captain ordered him. This in all I know in regard to this case.

The Accused did not wish to ask any questions.

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

Acting Third Assistant Engineer G. S. Pryor was duly sworn as a Witness for the Prosecution and testified as follows:

I am attached to the U.S. Steamer "Hollyhock" lying off New Orleans. On the evening of the 1st January 1864 between seven and eight o'clock, or there abouts, Mr. Milk came into the Wardroom after his sword and called me. I went out on the hurricane deck. Hyman was there with the others and was ordered below by the Captain but did not go. He, the prisoner, was then very badly intoxicated and came to me and asked me if he had ever caught me asleep upon my watch, leaned up against me, I stepped aside and he fell down. After a while all the men on the hurricane deck went below, the prisoner among the rest, and I am very positive that he was the last to go. He was making considerable noise, but I could not say what words he said - he seemed to be screaming at the top of his voice. One of the officers helped him down the hurricane deck ladder or he would have fallen off. I cannot remember any words he made use of until the next morning. During the morning he came on deck a number of times with his irons off. The last time he had some words with Mr. Milk and Mr. Milk gagged him with a piece of iron and locked his irons behind him around a post. While Mr. Milk went for the iron he sang out to him that he had better get a hawser. After Mr. Milk left, he got the iron out of his mouth. I told him "it would be better for you to keep that in, Mr. Milk will only make it worse for you." He asked me if I would be kind enough to put it in and I did so. Soon after that, I think, he was put in the forecastle and called one of the boys to come down and clear out the forecastle for the Captain was going take breakfast with him. Before that he said something about the Engineers not standing watch but I did not pay much attention and cannot say what it was. I do not think I heard him called anyone a dammed son of a bitch. This is all I know in regard to this case.

The Accused did not wish to ask any questions.

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

Acting Master's Mate Lewis Milk was duly sworn as a witness for the Prosecution and testified as follows:

I am attached to the U. S. Steamer "Hollyhock" and she was lying off New Orleans on the 1st January 1864. On the evening of that day about eight o'clock this man Hyman, the prisoner before the Court, came up on the hurricane deck with others and Captain Jordan ordered him below and he refused to go a number of times. He called the Captain and the Engineers and all the officers up there "Sons of bitches" and carried on there for a while talking and making a noise. Captain Jordan then ordered him to be put in irons and he refused to go in irons. He went below after that and turned into his hammock. On the next morning the Second of January 1864 the irons were taken off of him. I can't say who took them off or whether he took them off or not, and as fast as they were put on him that morning he would taken them off. He passed the remark the last time I put him in irons that he could lick every God dammed man that there was aboard the vessel. He was pretty well intoxicated that morning.

Question by the accused: What has been my general character while attached to the "Hollyhock" previous to the first of January 1864?

Answer: You have been pretty steady and active and have done your duty as far as I know.

Question by the Accused: Did you attempt to put me in irons on the night of the 1st of January, 1864?

Answer: Yes, I did.

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

The evidence for the Prosecution having been presented and none being offered for the Defense, the written defense hereto annexed and marked "C" was presented and read aloud to the Court.

The Court was then cleared for deliberation and having maturely considered the evidence admitted find the Accused, Robert Hyman, O.S., of the U.S. Steamer "Hollyhock" as follows:

The Specification - Proven
Of the Charge - Guilty

And the Court do therefore Sentence him, the said Robert Hyman, Ordinary Seaman, of the U.S. Steamer "Hollyhock" to be imprisoned without pay in any prisoner the Honorable Secretary of the Navy may select, for the period of four years at hard labor, and to forfeit all pay and prize many now due or that may here after become due to him, and at the expiration of his term of imprisonment to be dishonorably discharged the Naval service. This Sentence to be read at General Muster on the Quarter Deck of all the vessels of this Squadron.

J. B. Marchland, Captain and Presiding Officer
Commander L. C. Sartore, Commander
Commander W. E. Le Roy, Commander
Commander M. B. Woosley, Commander
Lieut Comdr W. K. Mays, Lt Comdr
Lieut Comdr L. H. Newman, Lt Comdr
Lieut Comdr W. N. Allen, Lt Comdr
C. W. Hassler, Paymaster and Judge Advocate

The Court adjourned to meet at 10 o'clock A.M. on the 8th January, 1864.

The proceedings and sentence are hereby approved.
H. H. Bell
Commodore
Commd. W. G. B. Squadron Pro Tem

"A"
U.S. 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 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 John B. Marchland,
Commander L. C. Sartore
Commander W. E. Le Roy
Commander M. B. Woosley
Lieut Comdr W. K. Mays
Lieut Comdr L. H. Newman
Lieut Comdr W. N. Allen
Paymaster C. W. Hassler is hereby appointed Judge Advocate,

(signed)
H. H. Bell
Commodore
Commd. W. G. B. Squadron Pro Tem

A true copy of the Original, annexed to the Record in the case of Francis Arthur, O.S.
C. W. Hassler, Paymaster and Judge Advocate

"B"

Charge and specification of Charge preferred by Commodore H.H. Bell, commanding Western Gulf Blockading Squadron pro tem, against Robert Hyman (Ordinary Seaman) belonging to the United States Steamer "Hollyhock"

Charge: Riotous Conduct

Specification: In this, that on or about the first day of January one thousand eight hundred and sixty four, Robert Hyman (Ordinary Seaman) of the United States Steamer "Hollyhock" at New Orleans, was drunk, noisy, and abusive, that he refused to go below when ordered to do by his Commanding Officer, that he refused to go in irons when ordered so to do, that he called the Commanding officer, and the rest of the officers, dammed sons of bitches or words to that effect.

H. H. Bell
Commodore
Commd. W. G. B. Squadron Pro Tem

"C"
Defense

In examination of the charges brought against me I beg leave to offer the court the following explanation -

In common with the rest of the crew of the Hollyhock I was drunk on the 1st of January 1864. The liquor was smuggled on board and some of it was given to me. I had no intention of getting drunk but only intended to take one glass as much to alley suspicions on the part of the others as any love of the liquor this one glass however so for deprived one of judgment that I took more and became intoxicated. When while deprived of sense I was guilty of the excessive drink against me.

It will be remembered that the captain himself testified that I did not called him a son of a bitch and that the only time he heard me make use of that expression it was addressed to Mr Milk. Mr Milk does not recollect my having addressed the remark to him but says that the night before I am said to have done so I did call the Captain by that title. Is it not possible that in the confusion that they may both have confused me with some other man? At least is there not a measurable doubt of which I should have the benefit. It has also been proven that I, on second thought, refuted of removing my gag and requested Mr. Prior to put it back.

I hope that these facts together with my previous good character as testified to by Mr. Milk will have their due weight with the Court.

With these remarks I throw myself upon the mercy of the Court.

Robert Hyman.

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