United States vs. Michael Gallen, Coal Heaver, USS Hartford
These proceedings is one of courts martial that sparked the comment on another page of this site of front page Navy Times news if this happened in the modern Navy. A sailor allegedly gets angry that his buddy was being sent to the brig and attempted to rescue him, but how he reacted when he was arrested resulted in death sentence.
Whether Michael Gallen's sentence was actually carried out, I have so far have not found evidence if yes or no. However there is no mention in any of Farragut's letters of Gallen's status, nor did Farragut endorse the proceeding sentence. None of the 1864 issues of Army-Navy Journal report the execution of any sailors. What is know is that Gallen was sent to the USS Potomac at the Pensacola Navy Yard on 10 February 1864 per the Hartford's muster rolls and he appears on the Potomac rolls until the summer of 1864 with no mention in her rolls of where he was transferred to next.
US Flag Ship Hartford
New Orleans, Jany 27th, 1864
By virtue of authority in me vested, a Naval General Court Martial is hereby ordered to convene at New Orleans on board the United States Ship Portsmouth on the 28th day of January 1864 or as soon thereafter as practicable, for the trial of Michael Gallen, Coal Heaver on board the US Flag Ship Hartford, and of such 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, viz:
Captain John B. Marchand, Senior
Commander Louis C. Sartori
Commander Melancton B. Woosley
Lieutenant Commander P. C. Johnson, Jr.
Lieutenant Commander L. Howard Newman
Lieutenant Commander William H. Dana
Lieutenant Frederick V. McNair
and Mr. Norval L. Nokes, 1st Lieutenant of Marines of the USS Pensacola is hereby appointed Judge Advocate
D. G. Farragut
Rear Admiral
Commanding Western Gulf Blockading Squadron
Charges and Specifications of charges preferred by R. Admiral David G. Farragut, Commanding West Gulf Blockading Squadron, against Michael Gallen, Coal Heaver, on board the USS Hartford.
Charge 1st:
Striking superior officer while in the execution of the duties of his office.
Specification:
In this that the said Michael Gallen, Coal Heaver on board the USS Hartford, did on the 26th day of January 1864, strike Thomas Williamson, Chief Engineer of the USS Hartford, that officer being at the time, in the execution of the duties of his office.
Charge 2nd:
Mutinous Conduct
Specification 1st:
In that the said Michael Gallen, Coal Heaver on board the USS Hartford, did on the 26th day of January 1864, attempt to rescue a prisoner named James Refley, Boatswain's Mate, from the Corporal of the Guard.
Specification 2nd:
In that the said Michael Gallen did on the 26th day of January, whist under arrest draw a sword on the Sergeant of the Guard.
D. G. Farragut
Rear Admiral
USS Hartford
January 27th, 1864
Witnesses to Charge 1st:
Chief Engineer Thomas Williamson
Orderly Sergeant Betremson
Corporal Wharton
Gunner Staples
Sergent Marks
Captain Haywood, Captain of Marines
Master at Arms Albert Williams
Ship's Corporal George Whittey
Ship's Corporal E. T. Robinson
Witnesses to Charge 2d:
Ensign Gledden
Corporal Wharton
Master at Arms Albert Williams
Ship's Corporal George Whittey
Ship's Corporal E. T. Robinson
Private Fanassey
Proceedings of a Naval General Court Martial convened on board the US Sloop Portsmouth at New Orleans by virtue of an order from the Commander in Chief of the West Gulf Blockading Squadron hereto annexed marked A.
US Sloop Portsmouth
Off New Orleans, January 28th, 1864
The Court met pursuant to the above mentioned orders, present
Captain John B. Marchand
Commander Louis C. Sartori
Commander Melancton B. Woosley
Lieutenant Commander P. C. Johnson, Jr.
Lieutenant Commander L. Howard Newman
Lieutenant Commander William H. Dana
Lieutenant Frederick V. McNair
and Lieutenant Norval L. Nokes, Judge Advocate
The accused, Michael Gallen, Coal Heaver, also present.
The Judge Advocate having read the order convening the Court, asked the accused Michael Gallen if he had any objection to any member named therein, to which he replied he had none.
The Judge Advocate was then duly sworn by the presiding officer of the Court and the Court was then duly sworn by the Judge Advocate in the presence of the accused.
The accused, Michael Gallen, was asked if he desired counsel, to which he replied, he did not, and that he was ready for trial.
The charges were then read aloud by the Judge Advocate. The Judge Advocate then said, Michael Gallen, you have heard the charges preferred against you, how say you, guilty or not guilty?
To which the accused, Michael Gallen, pleaded as follows: to the charges not guilty. The witnesses then retired from the Court.
Chief Engineer Thomas Williamson of the USS Hartford, a witness on the part of the prosecution was called, and duly sworn.
Question by Judge Advocate: Please state what you know in relation to the first charge.
Answer: I am attached to the USS Hartford as Chief Engineer of that vessel, on the evening of the 26th of January, 1864, at which time the Hartford was lying at New Orleans, seeing the accused, Michael Gallen, Coal Heaver belonging to the USS Hartford, with a drawn sword raised above his head. I went forward on the spar deck abreast of the fore-mast, as I approached, I saw the sword thrown away. When about two feet from the accused I asked him what he meant by such behaviors, he replied, by striking me in the face with his fist, which knocked me backwards. As I attempted to rise, he struck me again on the side of the head, when I recovered myself, he has been secured, and I went aft, to report the matter.
Question by Judge Advocate: State what you know in relation to the second charge.
Answer: Of the first specification of the second charge, I know nothing. Of the second specification, I saw the accused with a drawn sword in his hand facing the Sergent of the Guard, the sword was thrown away as I approached the accused as testified on first charge.
Question by Judge Advocate: Were you on duty on board of the USS Hartford at the time specified in the specifications of the charges.
Answer: I was assisting to put down the mutinous conduct of the accused.
Question by accused: Was I in my right mind at the time you said I struck you?
Answer: I think the accused had been drinking but he was sober enough to attend to his duties.
Question by the Court: Did you use any words that would tend to aggravate the accused before he struck you?
Answer: I think not, I have before stated what I said at the time.
The Judge Advocate, the accused and the court having no further questions the testimony was read to the witness and pronounced to be correctly recorded, the witness then retired.
Captain Charles Haywood, US Marine Corps, a witness on the part of the prosecution was called and duly sworn.
Question by Judge Advocate: Please sate what you know in relation to the first charge.
Answer: I am attached the USS Hartford. On the 26th day of January 1864, I saw Mr Williamson, the Chief Engineer of the USS Hartford, go to the accused, just abaft the fore-mast on the starboard side of the spar-deck. I was not near enough to hear anything that Mr. Williamson said, but I saw him speak to the accused, and the accused made some reply to Mr. Williamson, and then struck him in the face. I saw Mr. Williamson fall, but I cannot say whether he fell flat or on his site. I saw the accused strike at Mr. Williamson the second time, but I could not say whether he struck him or not.
Question by Judge Advocate: What do you know of the first specification of the second charge.
Answer: I know no thing except by report.
Question by Judge Advocate: What do you know of the second specification of the second charge:
Answer: I know nothing of it.
Question by the accused: was I in my right mind at the time I am accused of striking Mr. Williamson.
Answer: He recognized people around him, he recognized the gunner and his friends.
The Judge Advocate, the accused and the Court having no further questions, the statements were read to the witness who said it was correctly recorded. The witness retired.
Orderly Sergeant A. Peterson, USS Hartford, a witness on the part of the prosecution was called and duly sworn.
Question by Judge Advocate: State what you know in relation to the first charge.
Answer: I know nothing of it.
Question by Judge Advocate: State what you know of the first specification of the second charge.
Answer: I know nothing of it.
Question by Judge Advocate: State what you know of the second specification of the second charge.
Answer: I know nothing of it, at all. I was on the berth deck confining other prisoners while it occurred.
The Judge Advocate, the accused and the Court having no further questions, the statements were read to the witness and acknowledged to be correctly recorded and the witness retired.
John L. Staples, Gunner of the USS Hartford, a witness on the part of the prosecution, was called and duly sworn.
Question by Judge Advocate: State what you know in relation to the first charge.
Answer: I was standing on the spar-deck, under the break of the forecastle of the USS Hartford, about the time specified the accused was just by the fore-hatch abaft the foremast, the first I saw of it was some words with the accused and a non-commissioned officer of Marines. I went to the accused, who had taken the non-commissioned officer's sword from it. He had it over the non-commissioned officer as though he intended to strike him with it. I asked him, why he did so, and told him that he was getting himself in a serious difficult and then he threw the sword forward. Mr. Williamson, Chief Engineer then came up and asked the accused what was the matter and the accused told Mr. Williamson he would show him what was the matter, and the accused then knocked Mr. Williamson down, and caught at him and then he struck at Mr Williamson once or twice after he was down.
Question by Judge Advocate: What do you know in relation to the first specification of the second charge?
Answer: Nothing.
Question by Judge Advocate: State what you know of the second specification of the second charge.
Answer: I have already answered that question before in my testimony.
Question by the Court: Did Chief Engineer Williamson say or do anything on that occasion to induce the attack by accused on him.
Answer: No sir, he did not do anything or say anything, he only asked what was the matter.
The Judge Advocate, the accused and the Court having no further questions, the statements were then read to the witness and acknowledged to be correctly recorded.
The Court then adjourned to meet tomorrow morning at 10 o'clock AM.
USS Portsmouth
Off New Orleans
January 29th, 1864
The Court met pursuant to adjournment of yesterday
Present:
Captain John B. Marchand
Commander Louis C. Sartori
Commander Melancton B. Woosley
Lieutenant Commander P. C. Johnson, Jr.
Lieutenant Commander L. Howard Newman
Lieutenant Commander William H. Dana
Lieutenant Frederick V. McNair
and Lieutenant Norval L. Nokes, Judge Advocate
The accused, Michael Gallen, Coal Heaver, also present.
The proceedings of yesterday was read and found to be correct, except of an omission of the words "the original of which whereunto annexed marked B" after the words "the charges were then read aloud by the Judge Advocate" as recorded on page 2.
Sergeant Alfred Mark of the US Marine Guard of the USS Hartford a witness on the part of the prosecution was called and duly sworn.
Question by Judge Advocate: State what you know in relation to the second specification of the second charge.
Answer: About quarter past twelve on the 26th January 1864, I was ordered by Lieutenant Commander Kimberly, Executive Officer of the USS Hartford, to put the accused in the brig in double irons, when I and the accused got as far as the scuttle butt on the spar deck the accused asked me to let him have a drink of water, while he the accused was drinking, he suddenly put down the pot and struck me behind the left ear, then I drew my sword on him, and made a thrust at him, and the accused struck it out of my hand, and it dropped on the deck, we had a little scramble for it, then he picked it up and waved it several times over his head, as though he was going to cut me down. He then threw it away from him, by that time there was quite a crowd around. I saw the Chief Engineer of the USS Hartford make a grab for the accused as though he wanted to secure him, I was stunned and confused, recollected no thing more, distinctly at that time. Soon afterwards I assisted in putting him in confinement.
Question by the Accused: Was I in my right mind at the time of that occurrence?
Answer: He seemed sensible enough while I was taking him forward, he, the accused, walked straight enough up to the time of his striking me, afterwards he was more like a madman than anything else. I could smell liquor on the accused very strongly.
Question by the Court: Had the accused committed an offense for which you were about to confine him.
Answer: Yes sir, he was accused of striking the Corporal of the Guard.
The Judge Advocate, the accused and the Court having no further questions, the testimony was then read to the witness, who said it was correctly recorded. The witness then retired.
Corporal Joseph Whalton, US Marine Guard on board the USS Hartford, a witness on the part of the prosecution, was called and duly sworn.
Question by Judge Advocate: State what you know in relation to the charges.
Answer: I know nothing about the charges.
The Judge Advocate, the accused and the Court having no further questions, the witness retired.
Eldridge T. Robinson, Ship's Corporal of the USS Hartford, a witness on the part of the prosecution, was called and duly sworn.
Question by Judge Advocate: State what you know of the first specification of the second charge.
Answer: I know nothing of it.
The Judge Advocate, the accused and the Court having no further questions, the witness retired.
Albert Williams, Master at Arms, on board the USS Hartford, a witness on the part of the prosecution, was called and duly sworn.
Question by the Judge Advocate: State what you know in relation to the first specification of the second charge.
Answer: I know nothing about it.
The Judge Advocate, the accused and the Court having no further questions, the witness retired.
Richard Fannassy, a private of Marines on board the USS Hartford, a witness on the part of the prosecution, was called and duly sworn.
Question by Judge Advocate: State what you know in relation to the first specification of the second charge.
Answer: I know nothing about it sir.
The Judge Advocate, the accused and the Court having no further questions, the witness retired.
Lieut. Commander Louis A. Kimberly, Executive Officer of the USS Hartford, a witness on the part of the prosecution, was called and duly sworn.
Question by Judge Advocate: Please state what you know in relation to the first specification of the Second Charge.
Answer: All that I know in relation to the case is by report, from either the master-at-arms Albert Williams, or Sergeant of the Guard Mark.
The Judge Advocate, the accused and the Court having no further questions, the statements were read to the witness who said they were correctly recorded. The witness then retired.
The testimony on the part of the prosecution is hereby closed. The accused having no testimony to offer. The prisoner was then asked if he had anything to say in his defense, to which he replied "I do not know anything of it, at all." The evidence being thus in possession of the Court, the Court was cleared for deliberation, and having maturely considered the evidence adduced, find the accused Michael Gallen, Coal Heaver of the USS Hartford as follows:
Of the Specification of First Charge: Proven
Of the First Charge: Guilty
Of the First Specification of Second Charge: Not Proven
Of the Second Specification of Second Charge: Proven
Of the Second Charge: Guilty
And the Court do therefor sentence the said Michael Gallen, Coal Heaver of the United States Ship Hartford (two thirds of the Court concurring) to be hung by the neck until he is dead at such time and place as may be directed by the President of the United States.
John B. Marchand, Captain
Louis C. Sartori, Commander
Melancton B. Woosley, Commander
P. C. Johnson, Jr., Lieutenant Commander
L. Howard Newman, Lieutenant Commander
William H. Dana, Lieutenant Commander
Frederick V. McNair, Lieutenant
Norval L. Nokes
1st Lieut. USMC
Judge Advocate
The Court then adjourned to meet tomorrow morning the 30th instant at 10 o'clock AM.
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