United States vs. 3rd Asst. Engineer John M. Moran, USS Meteor

John Moran's sentence was forwarded without approval to the Secretary of the Navy by Farragut, who mentioned in his letter that Moran shouldn't had received a more severe sentence than that of another engineer who was tried for desertion as well. It appears that Moran's sentence was overturned since the 1865 Navy Register shows him attached to the USS Tallahatchie as an Acting 3rd Assistant Engineer as of 1 January 1865. The 1867 Navy Register lists that he received a honorable discharge on 17 January 1866.

Proceedings of a General Naval Court Martial convened on board the USS Portsmouth, by virtue of order (annexed and marked A, being the original)

USS Portsmouth
Off New Orleans, La.
July 20th, 1864

The Court met pursuant to the annexed order.

Present
Commander L. C. Sartori, President
A. V. Lt. W. D. Wann
A. V. Lt. Chas. H. Brown
A. Master A. L. B. Zerga
A. Master John Wallace
and George W. Reynolds of New Orleans, Judge Advocate

The Court then proceeded to the trial of Acting 3rd Assistant Engineer John M. Moran of USS Meteor, who was called before the court and having hear the order appointing the Court read, was asked if he had any objection to any member named therein, to which he replied "he had none."

The Court was then duly sworn by the Judge Advocate and the Judge Advocate by the Presiding Officer of the Court, in the presence of the accused, who stated that having received a copy of his charges, he was ready for trial and desired no counsel except the Judge Advocate.

The witnesses having been called into Court, the charges were read aloud by the Judge Advocate (appended and marked B) who proceeded to arraign the accused as follows:

"Acting 3rd Assistant Engineer John M. Moran, you have heard the charges preferred against you, how say you. Guilty or not guilty?"

To which accused replied "not guilty."

Acting Ensign William S. Rommne, a witness for the prosecution was duly sworn.

Question by Judge Advocate: State your name, rank and ship.

Answer: William S. Rommne, Acting Ensign and Executive Officer, USS Meteor.

Question by Judge Advocate: State what you know of the case.

Answer: On the 17th of April, in the afternoon, I gave Mr. Moran permission to go ashore at New Orleans, until the following morning - he did not return, all that I know except that the ship went to sea the following night, at 10 o'clock, without him.

Question by Judge Advocate: How long did the ship remain absent?

Answer: About 22 days and the accused was not on board during this time.

Question by Judge Advocate: How long did the Meteor remain in the same place that she was when the accused left? If she went anywhere, where was it?

Answer: On the 18th, in the morning, left and went to Algiers, La, and returned the same afternoon to our previous anchorage, from which we left for sea at 10 o'clock PM, after having sent on shore for absent officers, accused being one of them.

Question by Judge Advocate: What time did the permission given by you, expire?

Answer: At 8 o'clock morning of the 18th inst.

Question by Judge Advocate: What time did you leave for Algiers?

Answer: I think about 8 AM, or a little before, inclined to think a little before.

Question by Court: Was accused aware that the steamer was to coal before going to sea?

Answer: Yes for we came up to coal from Pass a l'Outre.

The Court and Judge Advocate having no further questions to ask, the accused asked the following:

Question by Defense: How long have you known accused?

Answer: We were together about a month.

Question by Defense: From what you know of the habits and from your observation of accused, is it your opinion that desertion was intended.

Answer: Acquaintanceship too short to justify an opinion.

Question by Court: Do you know how long accused has been in service?

Answer: I do not, but I think after his appointment, he was ordered to the Meteor.

Question by Court: Have you heard accused conversing in such a manner as to give the belief that he intended to desert?

Answer: Never heard any conversation of accused at any time.

Question by Court: Has accused to your knowledge, any written appointment?

Answer: Yes I think two, one from the Admiral and one from the Secretary of the Navy.

There being no further questions, the testimony was read to and approved by witness who therefore retired.

Acting Master's Mate Charles H. Sawyer, a witness for the prosecution was duly sworn.

Question by Judge Advocate: Give your name, rank and ship.

Answer: Charles H. Sawyer, Acting Master's Mate, USS Meteor.

Question by Judge Advocate: State what you know of this case.

Answer: I know the accused, Mr. Moran was on board as an Acting 3rd Assistant Engineer, he went ashore at New Orleans, on the 17th day of April and has not been aboard since.

Question by Judge Advocate: Had accused permission to go ashore?

Answer: I do not know of my own knowledge.

Question by Judge Advocate: Were you on watch, as officer of the deck, any time from the time accused went ashore upt o the time your ship left for sea?

Answer: I was.

Question by Judge Advocate: Was it reported to you at any time, while officer of the deck, as above stated, that accused was absent with or without leave?

Answer: It was reported to me that he had leave and had overstayed his leave.

Question by Judge Advocate: What was the object in your ship coming to New Orleans?

Answer: To coal.

Question by Judge Advocate: Did you know that the ship had to coal before resuming her station?

Answer: I did know.

Question by Judge Advocate: How did you know it?

Answer: I knew it from the state of the bunkers and from report of engineers.

The Court and Judge Advocate having no further questions, the accused asked the following:

Question by Defense: How long have you known accused?

Answer: Since March 17th.

Question by Defense: From observation, conversation or otherwise, do you believe accused intended to desert?

Answer: I do not believe from his conduct or conversation that he intended to desert.

The accused having no further questions, the testimony was read to and approved by witness, who retired.

Samuel Carpenter, Acting Master's Mate, USS Portsmouth, a witness for the prosecution was duly sworn.

Question by Judge Advocate: Were you officer of the deck of the Portsmouth when accused was brought aboard?

Answer: I was.

Question by Judge Advocate: At what time and by whom was accused brought aboard?

Answer: Between 8 and 12 o'clock AM on May 30th, 1864 by a police officer, whose name and number I do not recollect.

Question by Court: Was the accused in citizen's clothes, or was he in the uniform of an acting 3rd assistant engineer of the US Navy?

Answer: He had no distinguishing mark of rank, would not have known him to belong to the US Navy.

Question by Court: DId you receive orders to place accused under sentry's charge?

Answer: Yes sir, and I did sir.

Court and Judge Advocate having no further questions accused asked the following:

Question by Defense: What kind of cap had accused when brought on board?

Answer: Don't remember.

Accused having no further questions the testimony was read to and approved by the witness who then retired.

The Court then adjourned until tomorrow Thursday, the 21st inst and 10 o'clock.

July 21st, 1864
10 o'clock AM

Court meet pursuant to adjournment of yesterday.

Present:
Commander L. C. Sartori, President
A. V. Lt. W. D. Wann
A. V. Lt. Chas. H. Brown
A. Master A. L. B. Zerga
A. Master John Wallace
and Judge Advocate George W. Reynolds of New Orleans, also accused

The proceedings of yesterday were read and approved.

John McCann, a witness for the prosecution was duly sworn.

Question by Judge Advocate: State your name and occupation.

Answer: John McCann, Sergeant First District Police

Question by Judge Advocate: State what you know of this case.

Answer: There was a descriptive list of accused sent to the station house First District Lockup from 148 Canal Street, there were two named on the list, accused being one of them. About a month after another list was received of Moran singly; being at the Provost Court on a case, I saw Moran on the corner of Baronne and Union Streets, and I sent a watchman to arrest him, knowing him to be a deserter from the ship Meteor, from the list furnished to me; the watchman arrested him according to my orders and locked him up in the station house; this was about three or four days after receiving the list, about the 30th of May 1864; after he had lain in the lockup about an hour, I and the watchman went to the lockup and then brought Moran to the Naval Head Quarters 148 Canal Street and delivered him to Capt. Franklin. The captain gave me a letter to come aboard the USS Portsmouth, the letter was addressed to the Captain of the Portsmouth. I delivered accused and letter on board the Portsmouth, I received a receipt and afterwards the reward for his apprehension.

Question by Judge Advocate: How was accused dressed?

Answer: In citizen's clothes entirely.

Question by Judge Advocate: Did he resist?

Answer: No Sir

Question by Judge Advocate: Had you any conversation with him?

Answer: I had none.

Question by Judge Advocate: Had you seen the accused between the 1st of May and the 30th, that is previous to arresting him?

Answer: No sir, I had not.

The Court, Judge Advocate and accused having no further questions the testimony was read to and approved by witness who retired.

The prosecution here closed.

W. H. Shock, Fleet Engineer, USN, a witness was duly sworn.

Question by Defense: On or about the 19th day of May last did accused report to you personally?

Answer: I can't say when but he did report.

Question by Defense: How did he report to you?

Answer: I found him out of his ship; he said he was sick and that his vessel had gone; I told him to rejoin his vessel; he said he did not know how to get down. I told him to report to Capt. Franklin that he might designate a vessel in which to take passage; I have not seen him since.

Question by Defense: Has accused to you knowledge received a regular appointment as 3rd Asst. Engineer?

Answer: He has received an appointment, I recommended him myself.

The Court and Judge Advocate having no further questions, the testimony was read to and approved by witness who retired.

The accused having no further testimony to offer requested until tomorrow to prepare his final defense.

The Court granted his request and adjourned to meet again at 10 o'clock AM tomorrow the 22nd inst.

USS Portsmouth
July 22, 1864
10 o'clock AM

The Court met pursuant to adjournment of yesterday

The proceedings of yesterday having been read by the Judge Advocate were approved and the accused present the annexed written defense (marked C) which was read at his request, by the Judge Advocate.

The Court was then cleared for deliberation, and after maturely considered the evidence adduced, find the accused, Acting 3rd Assistant Engineer John M. Moran, USS Meteor, as follows:

Of the Specification: Proven
Of the Charge: Guilty

and the Court do therefore sentence the accused John M. Moran, Acting 3rd Assistant Engineer, USS Meteor, to be confined for the term of ten years in any penitentiary that may be designated by the Honorable Secretary of the Navy, to forfeit all pay that may become due from this date, and to be dismissed at the expiration of his confinement.

Commander L. C. Sartori, President
A. V. Lt. W. D. Wann
A. V. Lt. Chas. H. Brown
A. Master A. L. B. Zerga
A. Master John Wallace
George W. Reynolds, Judge Advocate

Forwarded
D. G. Farragut
Rear Admiral

Flag Ship Hartford
West Gulf Blockading Squadron
July 19 1864

By virtue of authority in me vested a Naval General Court Martial is hereby ordered to convene on board the USS Portsmouth off New Orleans on the 20th day of July at 10 o'clock AM, one thousand eight hundred and sixty four or as soon thereafter as practicable for the trial of Acting 3rd Assistant Engineer John M. Moran and such other as may be brought before it.

The Court will be composed of the following named officers, any five of whom are empowered to act, viz:

Commander L. C. Sartori
A. V. Lt. W. D. Wann
A. V. Lt. Chas. H. Brown
A. Master A. L. B. Zerga
A. Master John Wallace
And Mr. George W. Reynolds is hereby appointed Judge Advocate.

D. G. Farragut
Rear Admiral
Comd'd W. G. B. Squadron

Charge and Specification of Charge preferred by Rear Admiral D. G. Farragut, commanding West Gulf Blockading Squadron against Acting 3rd Assistant Engineer John M. Moran of the USS Meteor.

Charge: Desertion

Specification: In this that on or about the eighteenth day of April, one thousand eight hundred and sixty four, the said John M. Moran, Acting 3rd Assistant Engineer of the USS Meteor, the said steam then lying off New Orleans, did desert from the said vessel, and was afterwards to wit on the 30th day of May, one thousand eight hundred and sixty four arrested by the Police and subsequently transfered to the USS Portsmouth under sentry's charge.

D. G. Farragut
Rear Admiral, Commd'g
W. G. Block'g Squadron

Witnesses:
Acting Ensign Wm. S. Rommn
Acting Master Mate Chas. H. Sawyer

New Orleans, La
July 22, 1864

President and members of G.N.C. Martial,

I have the honor to commit the following statement,

On the morning of the 18th inst, when my leave was to expire, I came to the wharf and found my ship gone, I inquired of some of the workmen of Mr. Golden's shop where she had gone to and they told me, she had gone up the river to coal; I went up to Lafayette to the coal-yard and found my ship was not there and I returned. I was very sick and went home to lie down expecting to find my ship next morning. When I came down I went aboard of the other tin clads and was informed that she had gone up Red River; I then inquired of Mr. Shock where my vessel had gone; he told me he did not know - he told me to ask Capt. Franklin, which I did. Capt Franklin told me where the boat was and to get to it the best way I could.

I have not been long enough in service to know any of the rules of the Navy, never having heard them, I did not know where to go to get transportation to my vessel. I tried o get down in the tug boats but they all stated they were going to different pass from the one my ship was lying at. I did not know I should report on board of a Flag Ship or I should have done so.

If I had served long enough I would have had an uniform, but being only three weeks in service, and besides having no opportunity to purchase, explains why I had no uniform.

John M. Moran
A. 3rd Asst. Eng.
USN