United States vs. George Weatherbee, 3rd Class Boy, USS Chocura

Proceedings of a General Court Martial convened on board the USS Kathadin off Galveston, by virtue of the annexed order.

10 o'clock AM August 9th 1864

The Court met pursuant to the above order, present:
Lieut. Commander John Irwin
Lieut. Commander Joseph S. Skerrett
Lieut. Commander James H. Gellis
Lieut. Commander Bushrod B. Taylor
Acting Volunteer Lieutenant C. F. W. Beher
Lieut. C. E. McKay
A. A. Paymaster Francis T. Morton, Judge Advocate

The accused being present, the Judge Advocate read the order convening the Court, and asked the accused George Weatherbee, 3rd Class Boy, if he had any objection to any member named therein to which he replied no.

At this stage of the proceedings, Acting Volunteer Lieut. C. F. W. Beher objected being a member of the court, and entered the annexed protest. The court having no authority to release any member, Act. Vol. Lieut. C. F. W. Beher was required to serve as a member of the Court. The Court was then duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the presiding officer of the Court in the presence of the accused.

The accused here requested permission to introduce as counsel, Acting Ensign Robert Beardsley, which was granted by the Court.

The charges were read aloud by the Judge Advocate, and addressing the accused, asked if he were guilty or not guilty, to which the accused pleaded as follows - not guilty of either charges.

Acting Assistant Surgeon B. F. Howell a witness on the part of the prosecution being called, was duly sworn. The charges and specifications being read the witness testified as follows:

Question by the Court: What do you know in reference to the first charge?

Answer: I had some turpentine in my room which had been there several days. When the excitement (in consequence of the fire) took place, something was said to me in reference to this turpentine. I said that I had had some in my room and knowing about the quantity could tell if any had been taken. The bottle was brought to me which I examined and found that some had been removed from the bottle. the missing quantity was small and it may have evaporated.

Question by the Court: What do you know in reference to charge second?

Answer: Nothing whatever, I was on deck at the time.

The accused being asked if he had any questions to ask, replied he had none.

The evidence being read to the witness, he replied that it was correct and was permitted by the Court to retire.

Peter Cosford, Yeoman, a witness on the part of the prosecution was duly sworn, the charges and specifications being read the witnesses testifies as follows:

Question by the Court: State what you know in reference to the first charge.

Answer: I don't know anything about the first charge.

Question by the Court: What do you know in reference to the second charge?

Answer: I know nothing about it myself except from hearsay.

The accused being asked if he had any questions to ask replied no.

The evidence being read to the witness, he replied that it was correct and was permitted by the Court to retire.

John Steward, Steerage Steward, a witness on the part of the prosecution was called and duly sworn, the charges and specifications being read the witness testified as follows:

Question by the Court: What do you know in reference to the first charge?

Answer: I don't know anything about the theft.

Question by the Court: What do you know in reference to the second charge?

Answer: I know nothing about it.

The accused was asked if he had any questions to ask, replied he had none.

The evidence being read to the witness, he replied that it was correct and was permitted by the Court to retire.

Acting Ensign D. M. Carver, a witness on the part of the prosecution was called and duly sworn, the charges and specifications being read the witness testified as follows:

Question by the Court: State what you know in reference to the first charge.

Answer: I know nothing about the first charge.

Question by the Court: State what you know in reference to the second charge.

Answer: On the evening of the 14th of July, I was sitting at the table in the wardroom of the USS Chocura, then lying off Calcasieu, I saw flames break out in the pantry. I saw it was spreading very rapidly. I took the first think I could get in my hand which was a table cloth and threw it over the flames and extinguished them. Upon investigation I found the accused has set fire to the spirits of turpentine. I asked him how he set fire to it. He replied that the candle upset from the rolling of the ship, he said he had it there for the purpose of cleaning his cap. This is all I know about it.

Question by the Court: Was the wood on fire?

Answer: It was not.

Question by the Court: What was on fire?

Answer: Nothing but the turpentine.

Question by the Court: Was the turpentine contained in some vessel in the pantry?

Answer: I cannot tell, the flames were spreading rapidly as though it had been in some vessel.

Question by the Court: What part of the vessel, or wardroom pantry, if any, was burned?

Answer: There was no part of the vessel or wardroom pantry burned, the heat had just turned the paint.

Question by the Court: Had the paint caught on fire?

Answer: It had not.

The accused was asked if he had any questions to ask, and replied that he had not.

The evidence being read to the witness, he replied that it was correct and was permitted by the Court to retire.

All the evidence for the prosecution being presented, the prosecution was closed. Here the accused entered upon the defense.

Peter Cosford, Yeoman, was recalled by the Counsel for the defense and duly sworn, the charges and specifications being read the witness testified as follows:

Question by the Accused: On or about the time the accused was charges with theft, and in wantonly setting fire to the ship, did you give any turpentine to any person at that time?

Answer: Yes sir, to the best my recollection, I gave some to the Mr. Atwood.

Question by the Accused: How much and what was it in?

Answer: About half a gill, in a teacup.

The evidence being read to the witness, he replied that it was correct and was permitted by the Court to retire.

John Steward, Steerage Steward, a witness for the prosecution was recalled by the counsel for the defense and duly sworn, the charges and specifications being read the witness testifies as follows:

Question by the Accused: Were you using any turpentine on the day that the turpentine caught fire in the wardroom pantry?

Answer: Yes.

Question by the Accused: Who did you get the turpentine from?

Answer: I got it from Mr. Atwood.

Question by the Accused: What did you do with the vessel containing the turpentine?

Answer: I set it in the pantry.

Cross-examined by the Court: Was there any turpentine left in the cup, after you had placed it in the pantry, and if so, how much?

Answer: No sir, only what was left in the rag.

Question by the Judge Advocate: How much turpentine was there in the cup, when you first got it?

Answer: Half a cup full.

Question by the Judge Advocate: What use did you make of it?

Answer: Cleaning a coat for Mr. Atwood.

The testimony being read to the witness he replied that it was correct, and was permitted by the Court to retire.

The statements of the parties being thus in possession of the Court, the Court was cleared for deliberation, and having maturely considered the evidence adduced, find the accused, George Weatherbee, 3rd Class Boy, as follows:

Of the Specification of 1st Charge: Not Guilty
Of the 1st Charge: Not Guilty

Of the Specification of 2nd Charge: Not Guilty
Of the 2nd Charge: Not Guilty

Lieut. Commander John Irwin
Lieut. Commander Joseph S. Skerrett
Lieut. Commander James H. Gellis
Lieut. Commander Bushrod B. Taylor
Acting Volunteer Lieutenant C. F. W. Beher
Lieut. C. E. McKay
Acting Assistant Paymaster F. T. Morton, Judge Advocate

Approved
D. G. Farragut
Rear Admiral

There being no further business, the court adjourned to meet at 11 AM tomorrow.
Lieut. Commander John Irwin
Acting Assistant Paymaster F. T. Morton, Judge Advocate

Flag Ship Hartford
West Gulf Blockading Squadron
Off Mobile, July 28 1864

By virtue of authority in me vested a Naval General Court Martial is hereby ordered to convene on board the USS Kathadin on the ninth day of August one thousand eight hundred and sixty four or as soon thereafter as practicable for the trial of George Weatherbee, 3rd Class Boy of the USS Chocura and such others 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:

Lieut. Commander John Irwin
Lieut. Commander Joseph S. Skerrett
Lieut. Commander James H. Gellis
Lieut. Commander Bushrod B. Taylor
Acting Volunteer Lieutenant C. F. W. Beher
Lieut. C. E. McKay
and Acting Assistant Paymaster F. T. Morton is hereby appointed Judge Advocate.

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

Charges and Specifications of Charges preferred by Rear Admiral D. G. Farragut Comd'g W. G. B. Squadron against George Weatherbee, 3rd Class Boy serving on board the USS Chocura.

Charge First: Theft

Specification: In this that on or about the fourteenth day of July one thousand eight hundred and sixty four, the said George Weatherbee, 3rd Class Boy serving on board the USS Chocura, then lying off Calcasieu River, Louisiana, did steal a quantity of turpentine from the room of Acting Assistant Surgeon B. F. Hamell of the Chocura.

Charge Second: Setting on fire the USS Chocura, thereby endangering the vessel and lives of the crew.

Specification: In this that on or about the night of the fourteenth day of July one thousand eight hundred and sixty four, the said George Weatherbee, 3rd Class Boy serving on board the USS Chocura, then lying off Calcasieu River, Louisiana, did maliciously set fore to some turpentine which he the said George Weatherbee, 3rd Class Boy, had with him in the ward room pantry of the Chocura, which turpentine would speedily have set fire to the ship had it not been for the exertions of one of the officers of the Chocura.

D. G. Farragut
Rear Admiral
Comd'g W. G. B. Squad.

Witnesses
Acting Ensign D. M. Carver
A. A. Surgeon B. F. Hamell
Peter Cosford, Yeoman
John Steward, Steerage Steward

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