United States vs. Acting Master's Mate Alexander Stinson, USS Fearnot
Per Alexander Stinson's pension papers, he was transfered from the Fearnot under arrest 5 July 1864 to the USS Virginia. After he stood trial and was disrated to seaman, he was transfered to the USS Octorara for duty and was later discharged from the Navy 4 November 1864. Stinson spent two years as a petty officer in various ratings aboard the Aroostook, his previous command, but only managed to last three months as an Acting Master's Mate before being busted down.
In this case, the "boys" called as witnesses were not actually teenagers who typically held that rate, but adult "contrabands" (escaped slaves who enlisted into the Navy) per the Fearnot's 1 July 1864 muster roll. Out of the 50 enlisted that composed the ships company that quarter, 44 were contrabands.
July 15, 1864
10 o'clock AM
The Court met pursuant to adjournment of yesterday, present:
Commander L. C. Satori, President
Act. Vol. Lt. Charles H. Brown
Act. Vol. Lt. W. D. Urann
Acting Master A. L. B. Berger
Acting Master John Wallace
Acting Master John Ross
Acting Master H. M. Pierce
and Judge Advocate George W. Reynolds
The Court proceeded to the trial of Acting Master's Mate Alexander Stinson of USS Fearnot, who was called into Court, and having head the order appointing the court also communications, was asked if he had any objection to any member named in the order or communications.
The accused objected to Acting Volunteer Lieutenant Charles H. Brown and stated his cause of challenge as follows:
"That A. V. Lt. Charles H. Brown having been a member of a Court of Inquiry, convened to investigate this matter, cannot do justice in the present instance."
A. V. Lt. C. H. Brown remarked that he had been a member of a Court of Inquiry as stated in the challenge.
The Court was cleared, the challenged member retiring, and after due deliberation, the doors were opened, the accused and challenged party present, and the decision was announced by Judge Advocate.
"That the challenge is stained as sufficient, and that A. V. Lt. Charles H. Brown is excused from serving as a member of the Court."
Accused then objected to A. Master A. L. B. Berger, and stated his cause of challenge as follows:
"That A. Master A. L. Berger having been a member of a Court of Inquiry, convened to investigate this matter, cannot do justice in the present instance."
A. Master A. L. Berger remarked that he had been a member of a Court of Inquiry as stated in the challenge.
The Court was cleared, the challenged member retiring, and after due deliberation, the doors were opened, the accused and challenged party present, and the decision was announced by Judge Advocate.
"That the challenge is stained as sufficient, and that A. Master A. L. Berger is excused from serving as a member of the Court."
The accused having no further objections, the Court being still of the legal number, were sworn by the Judge Advocate and the Judge Advocate by the presiding officer in the presence of the accused, who was asked if he desired counsel, to which he replied that "he did not desire other counsel than the Judge Advocate," and also stated that "he was ready for trial."
The Judge Advocate then read aloud the charges, in presence of the witness, witnesses having retired, the accused was arraigned as follows, by the Judge Advocate.
Acting Master's Mate A. Stinson, you have heard the charges preferred against you, how say you, guilty or not guilty?
To which accused replied, not guilty.
Acting Ensign R. M. Hanson, a witness for the prosecution, being duly sworn.
Question by Judge Advocate: State your name, rank and ship to which belonging.
Answer: Acting Ensign Robert M. Hanson, Executive Officer, USS Fearnot.
Question by Judge Advocate: State what you know of the matter before the Court.
Answer: As I was leaving the Fearnot on the 25th ultimo, Mr. Stinson, the accused, stepped to the port rail, and I being in the boat alongside, ready to shove off, he accosted me with "Hanson, are you going?" I replied "Yes, sir." he said "do you know why I wouldn't stand your watch?" (I had been in the habit of standing watch) I replied "no, and I don't wish to know." he then said "that it was because you told the captain that it was God damned strange that it was not reported to you whenever the captain came alongside," he then said "I was a damned fool for doing it." meaning reporting to the Captain. I then replied "very well, sir, I will have the matter attended to." He then said "you are damned fond of making your reports to the Captain, you have reported me three or four times and very little good you got by it, you are a God damned fool for doing it, if you don't like that, come up and take it out of me." I made no reply but ordered the boat to shove off. This is the substance and as near possible as the words used in the conversation. This is all I know of the subject matter of these charges.
Question by Judge Advocate: Were there any officers present when this conversation occurred?
Answer: None that I am aware of.
Question by Judge Advocate: What was the tone used by accused in his remarks?
Answer: Contemptuous.
Question by Judge Advocate: Were you not on sufficiently intimate terms with accused to allow such remarks, as merely ordinary expression of opinion?
Answer: I am not, very seldom had anything to say to accused except in the line of duty.
Court and Judge Advocate having no further questions, accused stated he had none.
Testimony was read, pronounced correct and witness retired.
Spencer Nelson, a witness for the prosecution was duly sworn.
Question by Judge Advocate: Give your name, rank and ship.
Answer: Spencer Nelson, 2nd Class Boy, USS Fearnot.
Question by Judge Advocate: Do you know anything of any trouble between Mr. Stinson and Mr. Hanson?
Answer: About a week ago I was one of a boatscrew taking Mr. Hanson ashore. Mr. Stinson was standing by the port rail; the boat was on the port side about to shove off; heard Mr. Stinson say to Mr. Hanson, "Hanson you are a damned fool" and then said "if you don't like, you may come up and take it out of me." All I know.
Question by Judge Advocate: Did Mr. Stinson appear angry?
Answer: He was mad, angry.
The Court and Judge Advocate having no further questions the accused asked the following:
Question by Defense: Did not Mr. Hanson speak to you about this trial and tell you what you must say?
Answer: He had not spoken to me about the matter.
Question by Defense: Did Mr. Hanson say anything to me.
Answer: Mr. Hanson said "oh well, I'll make it all right in a few days" and told us to shove off.
Accused having no further questions the testimony was read and approved and witness retired.
Michael Picker, a witness on the part of the prosecution was duly sworn.
Question by Judge Advocate: State your name, rank and ship.
Answer: Michael Picker, Landsman, USS Fearnot.
Question by Judge Advocate: State what you know of the matter before the court.
Answer: On an evening about three weeks ago, Mr. Stinson was on board and Mr. Hanson was about going on shore, in the dingey. On the port side, Mr Stinson went up the steps of the port gangway after Mr. Hanson. I heard the accused say to Mr. Hanson "you have reported me three or four times to the captain and it has done you no good, and if you don't like it you can come up and take it out of me." I was too far away to hear anything more.
Question by Judge Advocate: Where were you when this conversation took place?
Answer: On the poop.
Question by Judge Advocate: How far from the dingy were you?
Answer: Something more than seven or eight yards.
Question by Judge Advocate: Could you distinctly what was said?
Answer: I could. I heard voices but could not tell what they were saying more than what I have stated.
Court and Judge Advocate having no further questions to ask, accused stated he had none.
The testimony was read over and pronounced correct, after which witness retired.
The prosecution here closed.
David Brown, a witness for defense was duly sworn.
Question by Judge Advocate: Give your name, rank and ship.
Answer: David Brown, 2nd Class Boy, USS Fearnot.
Question by Judge Advocate: State what you know of this matter.
Answer: About three weeks ago, Mr. Hanson got over the port railing and Mr. Stinson came to the gangway and says "Mr. Hanson are you going? I suppose you think I am a damned fool to stand your watch when you reported me to the Captain last evening." All I heard Mr. Hanson say was "shove off."
Question by Defense: You were in the dingy could you hear anything that might be said?
Answer: I was in the dingy and that was all I heard.
Question by Defense: Was Mr. Hanson angry?
Answer: No.
Question by Defense: Was Mr. Stinson angry?
Answer: He talked like a man who was angry.
Question by Defense: Did Mr. Hanson speak to you about what you must say when called upon by the Court?
Answer: He did not.
Accused, Court and Judge Advocate having no further questions the testimony was read and approved and witness retired.
The accused having no further testimony to offer, the Court took a recess of fifteen minutes to allow accused time to prepare his final defense.
On reassembling, the following defense was submitted, on behalf of accused, and read by his desire by the Judge Advocate.
The Court was then cleared for deliberation, and having maturely considered the evidence adduced, find the accused, Acting Master's Mate Alexander Stinson, USS Fearnot, as follows:
Of the Specification of 1st Charge: Proven
Of the 1st Charge: Guilty
And the Court do therefore sentence the accused, Acting Master's Mate Alexander Stinson of USS Fearnot, to be reduced from Acting Master's Mate to the rate of seaman and to serve in that capacity for the remainder of his enlistment.
Commander L. C. Satori, President
Act. Vol. Lt. W. D. Urann
Acting Master John Wallace
Acting Master John Ross
Acting Master H. M. Pierce
Judge Advocate George W. Reynolds
Approved
D. G. Farragut
Rear Admiral
July 22 1864
The Court then adjourned to meet on Monday the 18th instant at 10 o'clock AM
G. W. Reynolds, Judge Advocate
Flag Ship Hartford
Off Mobile, Ala.
July 7, 1864
By virtue of authority in me vested a Naval General Court Martial is hereby ordered to convene on board of the USS Portsmouth on the 8th 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 Moses McGee (Marine Private) of the USS Octorara and of such other persons as may legally 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. Satori, President
Act. Vol. Lt. Charles H. Brown
Act. Vol. Lt. W. D. Urann
Acting Master A. L. B. Berger
Acting Master John Wallace
and Mr. George W. Reynolds is hereby appointed Judge Advocate.
D. G. Farragut
Rear Admiral
Comd'g W. G. B. Squadron
Charge and Specification of Charge preferred by Rear Admiral D. G. Farragut, commanding West Gulf Blockading Squadron against Acting Master's Mate Alexander Stinson of the USS Fearnot.
Charge: Using provoking and reproachful language towards another person in the Navy.
Specification: In this that on or about the twenty-fifty day of June one thousand eight hundred and sixty four, the said Alexander Stinson, Acting Master's Mate of the USS Fearnot did use the following language to Acting Ensign R. M. Hanson, executive officer of the Fearnot while he the said Hanson was leaving the ship in a boat, "it is very little good you got by making reports, you are a damned fool for your trouble" and afterwards did say "you are a God damned fool and if you don't like it you can take it out of me."
D. G. Farragut
Rear Admiral
Comd'g W. G. B. Squadron
New Orleans, La
July 15, 1864
To the President and Members
of N. G. C. Martial
Gentlemen,
Having just got aboard the vessel, Mr. Hanson asked me to stand his watch. I told him that I would see when I came from my room. He didn't wait, but got into the boat and was shoving off when I looked over the rail and said "Mr. Hanson you must think me a damned fool to take your watch when you are reporting me everytime you can get a chance. He told the boat to shove off and said "he would see about it."
I said nothing more, I merely desired to let Mr. Hanson understand that I had not consented to stand his watch and used the usual language to convey my meaning.
Respectfully submitted
A. Stinson
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