United States vs. George W. Curtis, Landsman, USS William G. Anderson

George W. Curtis did spend time in the Orleans Parish Prison, but not for the 10 years he was sentenced to. Curtis appears to have been released sometime in December of 1865, since he appears on the 1st quarter 1866 muster roll of the USS Port Royal and was marked as having deserted 28 December 1865 in New Orleans.

Proceedings of a General Court Martial convened on board of US Ship Potomac, lying in Pensacola Bay, Fla., by virtue of the following order appended to the records, and marked A.

US Frigate Potomac
Pensacola Bay, Fla.
10 o'clock AM, Sept 12, 1864

The court met pursuant to the above order. The accused, George W. Curtis, Landsman, having been brought in, the names of the members of the Court were called according to seniority.

Present
Commander Alexander Gibson
Commander James H. Strong
Lieutenant Commander Henry Wilson
Lieutenant Thomas C. Bowen
Lieutenant O. A. Baucheller

Edmund de Grand-val, Judge Advocate and George W. Curtis, the accused, were also present.

The Judge Advocate read the order convening the Court (copy of which is appended to the records, marked A)

The accused was asked by the Judge Advocate if he had any objection to any member of the Court. He answered no.

The oath prescribed by law was administered by the Senior Member of the Court to the Judge Advocate and by the Judge Advocate to the Members of the Court in presence of the accused.

The accused was then asked by the Judge Advocate if he wished for Counsel, to which he replied No.

He was also asked if he had been furnished with a copy of the charge and specification, to which he replied Yes.

The charge and specification (hereto appended and marked B) were then read aloud by the Judge Advocate, who said "George W. Curtis, you have heard the charge preferred against you, what say you, guilty or not guilty." To which the accused replied "not guilty."

John C. Johnson (master at arms of USS William G. Anderson) a witness on the part of the prosecution, was called, and being duly sworn in presence of the accused, and the charge being read to him, deposed as follows:

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

Answer: On the night of the 6th of August, I was master-at-arms on board the USS W. G. Anderson. At about twenty minutes past ten o'clock at night, I was in my hammock, but not asleep, when James Gallagher came to me, telling me to go with him and he would show me something. I went over to the port side of the main hatch, looked under the door of the Port passage way, the door not being closed, and saw two men lying in the passage way - they were considerably in motion, more so than is customary with two men sleeping together, and to see the cause of said motion, I opened the door, walked in, and raised the blanket off the two men, and saw a sight such as I never saw before. Both men were in the position of man and wife - I cannot explain it in any other manner. I let the blanket fall on them again, and called the attention of the other man to them. He did not come, when I again raised the blanket off them and told them to get up, put on their clothes and go to the mast. They disengaged themselves from each other. The man Curtis told me he had not been doing anything, consequently I did not want to arouse all hands, and let them remain until morning. I made a report of the full transaction to the 1st Lieutenant, Mr. Brook, who authorized me to put them in irons.

The Court having no questions to ask witness, he was cross-examined by the accused.

Question by Accused: Could you see us from under the door, to where we lay?

Answer: Yes I could see you plain.

Question by Accused: Did we make any motions to disengage ourselves when you came in, or did we lay in the same position before you came in.

Answer: No you did not.

Question by Accused: Did we act as if we were afraid?

Answer: The second time you did.

Question by Accused: How often did you raise the blanket from us?

Answer: I lifted it twice.

Question by Accused: Did you and I ever have a quarrel previous to this time?

Answer: None to my memory.

Question by Accused: Did you not say you would be square with me before you left the ship?

Answer: Never

The Court and the accused having no further questions to ask the witness, his testimony was read over and by him pronounced correct.

James Gallagher, a witness on the part of the prosecution was called, and being duly sworn in presence of the accused, and the charge being read to him, deposed as follows:

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

Answer:The accused came down from the lookout at ten o'clock at night, he went on the berth deck and called his relief. He came down and opened the port passage way, he went in and made his bed there. I was lying on the deck, and when he made his bed, the passage door was open. He came out afterwards and closed it. There was a light in the steerage and the light on the berth deck, which both showed so you could see in the passage way. After the accused went in, he was rather long in lying down in the right position. The Master-at-Arms was lying in his hammock, turned in. I beckoned with my hand at him to come over to where I was. I went to his hammock and called him to see what was going on. He came over to where I was. He looked in the passage way, stood there a little while, then opened the passage way door and went in. He called me to come in where he was. I did not go in and he came right out. He went in again, told the accused to get up, put on his clothes and go to the mast. The accused then got up, walked to the passage way, and said he "wasn't doing anything." That's all I know about it.

Question by the Court: Did you see anyone else in the passage way with the accused?

Answer: No sir, I hear him speak to somebody.

Question by the Court: What was the accused doing when you saw him in the passage way?

Answer: Making his bed.

Question by the Court: Did the passage way door come close down to the deck?

Answer: No sir, the passage way door is about a foot above the deck.

The Court having no other question to ask the witness, he was cross-examined by the accused.

Question by the accused: What part of the door were you looking through at us?

Answer: Underneath the door.

Question by the accused: Could you see us from where you looked through?

Answer: Yes I could see every motion.

Question by the accused: Did you ever hear any angry words between me and John C. Johnson previous to this time?

Answer: None that I know of.

The Court and accused, having no further questions to ask the witness, his testimony was read over and by him declared correct.

There being no further testimony to be taken, the accused asked permission to make a statement to the Court, which was granted, and the Court took a recess to allow the accused time to prepare his statement.

The Court reassembled at 11:30 AM, present all the members, the Judge Advocate and the accused.

The accused submitted and the Judge Advocate read the written statement appended to the record and marked C.

The statement of the parties being thus in the possession of the Court, the Court was cleared for deliberation, and having maturely considered the evidence adduced, find the accused, George W. Curtis, Landsman:

Of the Specification: Proven
Of the Charge: Guilty

And do sentence the accused George W. Curtis, Landsman, to ten years confinement at hard labor, in the Parish Prison, New Orleans, and to the loss of all pay and prize money now due or which may become due him.

A. Gibson, Commander and Senior Member of the Court
J. H. Strong, Commander and Member of the Court
Henry Wilson, Lieutenant Commander and Member of the Court
Thomas C. Bowen, Lieutenant and Member of the Court
O. A. Baucheller, Lieutenant and Member of the Court

Ed. du Grand-val
Judge Advocate

Approved
D. G. Farragut
Rear Admiral
Commanding

A

Flag Ship Hartford
Mobile Bay, Ala.
September 8, 1864

By virtue of authority in me vested a Naval General Court Martial is hereby ordered to convene on board the USS Potomac, lying in Pensacola Bay, Fla, on the 12th day of September, or as soon thereafter as practicable, for the trial of George W. Curtis, Landsman, serving on board the USS W. G. Anderson and such others 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:

Commander Alexander Gibson
Commander James H. Strong
Lieutenant Commander Henry Wilson
Lieutenant Thomas C. Bowen
Lieutenant O. A. Baucheller

Edmund du Grand-val of Pensacola is hereby appointed Judge Advocate.

D. G. Farragut
Rear Admiral
Commanding W. G. B. Squadron

B

Charge and Specification of Charge preferred by Rear Admiral D. G. Farragut, Comdg. the West Gulf Blockading Squadron, against George W. Curtis, landsman, serving on board the USS Wm. G. Anderson.

Charge: Scandalous conduct tending to the destruction of good morals.

Specification: In this, that on or about the night of the sixth day of August, one thousand eight hundred and sixty four, the said George W. Curtis, landsman, serving on board the USS Wm. G. Anderson, then lying in Pensacola Bay, Fla., did commit sodomy with John H. Matthews, First Class Boy, serving on board said vessel.

D. G. Farragut
Rear Admiral

Witnesses:
John C. Johnson, Seaman
J. S. Gallagher, Ordinary Seaman

C

Statement of George W. Curtis

On the night of the sixth of August last, I lay in the passage way as described by the witnesses. After making my bed there, I found that the boy Matthews was lying at the other end of the passage. We commenced talking, and as it was after four bells and I found he was talking loud, I told him to put his bed alongside of mine that we might not disturb others. He did so, soon after, the Master at Arms entered and asked who was there. I said Matthews and myself. Then he pulled the blanket off us. I then said up, put the blanket over me again, and laid down in the same position as before. He told me to go to the mast. I got up and put on my pantaloons. He then told me to lay down again and in the morning, reported me to the Lieutenant. The witness, Gallagher told me, this morning, on board this ship that he did not see anything, but that he only sent the Master at Arms in to have a "cod" at me. The angry words between Johnson and I were in reference to the sick bay, where he used the words I have stated.

I hereby certify the above to be the correct statement of George W. Curtis, as he made to me.
Ed. du Grand-val
Judge Advocate

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