United States vs. Acting 1st Asst. Engineer William H. Miller, USS Manhattan

William H. Miller did receive a rare public rebuke from Farragut as a result of this trial.

The firemen and coal heavers Miller was looking out after, were for some of them, a traumatized group. During the Battle of Mobile Bay, the Manhattan was directly behind her sister monitor Tecumseh in the line of battle. When the Tecumseh struck a mine and sank with the loss of nearly all hands, despite orders given to back full astern to avoid her, the Manhattan sailed directly over the sinking monitor and those on duty in the Manhattan's engine room heard the noises from it. As Harrie Webster, 3rd Assistant Engineer of the Manhattan, later wrote "The effect on our men was in some cases terrible. One of the firemen was crazed by the incident."

Proceedings of a Naval General Court Martial convened on board the USS Richmond in Mobile Bay, by virtue of an order from Rear Admiral D. G. Farragut dated Sept 2nd, 1864, a copy of which is hereunto appended marked A, the original of which is appended to the proceedings in the case of Act. Master James T. Seaver - also orders dated 7th September 1864 detaching Captain T. A. Jenkins and Lieut. Comdr Edward Terry, copies of which are hereunto appended marked B and C, the original of which are attached to the proceedings in the case of John L. Fyfe, 1st Class Fireman.

USS Richmond
Mobile Bay, Sept 10, 1864
10 o'clock AM

The Court met pursuant to the adjournment of yesterday, present:

Captain John B. Marchland, Senior Member
Lieut. Comdr Wm. E. Fitzhugh
Lieut. Herbert B. Tysen
Lieut. Stephen A. McCarty
Lieut. LaRue P. Adams
Acting Ensign Alexander L. Gibson, Judge Advocate

The following orders from Rear Admiral D. G. Farragut, Commander in chief were read by the Judge Advocate, viz: one directing Chief Engineer THomas Williamson to report as a member of the Court, the original of which is hereunto appended marked D, whereupon Mr. Williamson took his seat as a member; another relieving Acting Ensign Alexander L. Gibson from duty as Judge Advocate, the original of which is hereunto appended marked E whereupon he retired; a third directing Ensign Phillip H. Cooper to report as Judge Advocate, the original of which is hereunto appended marked F, which Mr. Cooper did.

The accused, William H. Miller, Acting First Assistant Engineer attached to the Iron Clad Steamer Manhattan, was brought before the court. The Judge Advocate having read the order convening the court, the orders detaching Capt. Thorton A. Jenkins, Lieut. Comdr Edward Terry and Judge Advocate Acting Ensign Alexander L. Gibson, together with the orders directing Chief Engineer Thomas Williamson to report as a member of the Court and Ensign Phillip H. Cooper as Judge Advocate, copies of which are hereunto appended marked A. B. C. D. E. F., asked the accused if he had any objection to any member of the Court, to which he replied No.

The Judge Advocate was then duly sworn by the senior member of the Court and the Court sworn by the Judge Advocate according to the law in the presence of the accused.

Question by Judge Advocate: Do you desire counsel?

Answer: No, but I would like the aid of the Judge Advocate.

Question by Judge Advocate: Are you ready for trial?

Answer: Yes.

The charges and specifications were then read by the Judge Advocate, the original copy of which is hereunto appended marked G.

Question by Judge Advocate: You have heard the charges preferred against you, what say you "guilty" or "not guilty"

Answer: Not Guilty

The witnesses then retired from the Court.

Acting Master Robert B. Ely, a witness on the part of the prosecution was brought before the Court and duly sworn by the senior member.

Question by Judge Advocate: What is your name and rank in the service?

Answer: Robert B. Ely, Acting Master. I have been for two weeks an am now Executive Officer of the US Iron Clad Manhattan.

Question by Judge Advocate: Stat to the Court what you know in relation to this case.

Answer: I was officer of the deck and Exec. Off of the Manhattan lying in Mobile Bay on or about the morning of the 8th instant. Some of the coal heavers and firemen had been getting up ashes from the fire room and had left a good deal of the ashes upon the deck which had just been washed cleared. I asked the accused he he would please send those men up to clean those ashes up. He said that he would. I waited at the ash shoot and presently one man came up. I asked him where the ashes were; his reply I do not remember. I told him to go find them and hurry them on deck and also said to him that I had already passed the order several times that those ashes should be cleaned up by the firemen, that I had had a great deal of difficulty in having the order carried out - that I did not intend to talk any more about it, but if there was nay further trouble, I would have some of them put in irons and on bread and water for five days to induce them to obey my orders. The accused, who was standing at the Engine Room hatch said to me in a loud tone "no you won't Mr. Ely put those men in irons, they belong to me and I will look out for them" or words to that effect. I turned around to him and asked him "who are you talking to sir?" He replied "I am talking to you." I said "I am not aware that there are any men in the ship who belong to you - those men are a part of the ship's company and are as much under my command as any other men in the ship." He replied "these men are firemen and coal heavers and you have nothing to do with them" or words to that effect.

The Judge Advocate, Accused and Court having no further questions to ask, the evidence was read over and being found correct, the witness retired.

William Quirk, Gunner's Mate, a witness on the part of the prosecution was brought before the Court and duly sworn by the senior member.

Question by Judge Advocate: To what ship do you belong and what is your name and rate?

Answer: To the Manhattan. William Quirk, Gunner's Mate.

Question by Judge Advocate: State to the court what you know in relation to this case.

Answer: On or about the time specified I was going aft on the opposite side of the deck and I heard Mr. Ely mentioned that "he would have some men belonging to the fire room put in irons if they left ashes on the deck as they had done." The accused said "you cannot do it, those men belong to me, they are under my charge and you have no call to them" Mr Ely told the accused "they belong to the ship's company and they are under my command."

The Judge Advocate, Accused and Court having no further questions to ask, the evidence was read and being found correct, the witness retired.

Edward Hughes, Seaman, a witness for the prosecution was brought before the Court and was duly sworn by the senior member. The charges and specifications were read to him.

Question by Judge Advocate: To what ship do you belong, what is your name and rate.

Answer: To the Manhattan, Edward Hughes, Seaman

Question by Judge Advocate: State to the Court what you know in relation to this case.

Answer: About the time specified I went to get a drink of water from the scuttle butt, there was some ashes upon the deck. Mr. Ely inquired who spilled ashes on the deck - he was told that the man who spilled them had gone to get a broom to sweep them off. A fireman, James Fisher, returned with a broom and commenced to sweep the deck. Mr. Ely went aft and told the fireman if he spilled any more ashes on the deck (or words to that effect) he would put him in irons. The accused told Mr. Ely that "he could not put the man in irons for he was under his control" the accused also said "he would see that his men did their duty." Mr. Ely said that "they belonged to the ship's company and were under his control." Mr. Ely asked the accused if he knew who he was talking to. The accused answered "to you."

The Judge Advocate, Accused and Court having no further questions to ask, the evidence was read over and being found correct, the witness retired.

John Sproal, Landsman, a witness on the part of the prosecution was brought before the Court and duly sworn by the Senior Member. The charges and specifications were read to him.

Question by Judge Advocate: To what ship do you belong, what is your name and rate?

Answer: To the Manhattan, John Sproal, Landsman

Question by Judge Advocate: State to the Court what you know in relation to this case.

Answer: About the time specified I was standing on the deck near Mr. Ely, a fireman was there sweeping down the ashes and Mr Ely said to him "By God I will put you in double irons if I find the ashes there again." The accused had some words to say but I don't know what they were. Mr Ely asked the accused if "he knew who he was talking to?" The accused said "yes to you." Then Mr Ely told the accused he would report him to the Captain for insolence to his superior officer.

The Judge Advocate, Accused and Court having no further questions to ask, the evidence was read over and being found correct, the witness retired.

There being no further witnesses on the part of the prosecution, the testimony for the prosecution was closed.

Peter Thompson, Boatswain's Mate, a witness for the defense was brought before the Court and duly sworn by the Senior member.

Question by Judge Advocate: To what ship do you belong, what is your name and rate?

Answer: To the Manhattan. Peter Thompson, Boatswain's Mate.

Question by Accused: Did you or did you not hear me tell Mr. Ely that he should not punish the fireman?

Answer: I did not.

Question by Accused: Did you or did you not hear me use any disrespectful language to Mr. Ely?

Answer: I did not. I took no particular notice for I was doing general work about the deck.

Question by Judge Advocate: At what part of the vessel were you when the conversation took place between Mr. Ely and the accused on the morning specified?

Answer: I was aft on the quarter deck about 25 feet from the accused and about 27 feet from Mr Ely, both being in sight.

The Accused, Judge Advocate and Court having no further questions to ask, the evidence was read over and being found correct, the witness retired.

James Fisher, 2nd Class Fireman, a witness for the defense was brought before the Court and duly sworn by the senior member.

Question by Judge Advocate: To what ship do you belong, what is your name and rate?

Answer: To the Manhattan, James Fisher, 2nd Class Fireman.

Question by Accused: Did I or did I not order you to sweep the ashes off the deck on the morning specified?

Answer: You did.

Question by Accused: When Mr Ely threatened to put you in double irons did you hear me say that he should not?

Answer: No. I did not hear you say anything to Mr Ely.

Question by Court: Where were you at the time specified and how far from the accused?

Answer: I was near the ash shoot and about 24 feet from the accused.

Question by Court: Did you hear any conversation at all between the accused and Mr. Ely and if so, what was said.

Answer: I did not hear any conversation.

The Accused, Judge Advocate and Court having no further questions to ask, the evidence was read over and being found correct, the witness retired.

Daniel Gibbons, Coal Heaver, a witness for the defense, was brought before the Court and duly sworn by the senior member.

Question by Judge Advocate: To what ship do you belong, what is your name and rate?

Answer: To the Manhattan, Daniel Gibbons, Coal Heaver.

Question by Accused: Did you hear any conversation between Mr Ely and myself on the morning specified and if so what was it?

Answer: Yes. Mr Ely said to a fireman "God damn you fireman, I'll have you in irons if you don't clean up the ashes." The accused said to Mr. Ely "I have sent up a man to clean up the ashes." Mr Ely asked the accused "who are you taking to?" The accused said "I am talking to you." Mr Ely said "you have got no men" Accused said that "he had charge of the men on watch." Mr Ely said "you have not, I will let you know that I have charge of them."

Question by Judge Advocate: Where were you at the time of this conversation and where were Mr Ely and the accused?

Answer: I was about 3 yards from the accused. I was near the [illegable] on the upper deck and the accused was on the Engine Room hatch. Mr. Ely was on the starboard side of the smoke stack walking back and forth.

Question by Judge Advocate: Was what you stated all the conversation that took place between the accused and Mr Ely?

Answer: That is all that I heard.

The Accused, Judge Advocate and Court having no further questions to ask, the evidence was read over and being found correct, the witness retired.

There being no more witnesses for the defense, the testimony was closed.

Question by Judge Advocate (to witness): Do you wish to prepare a defense?

Answer: Yes.

The Court then took a recess to allow the accused time to prepare his defense.

The Court again met the accused having made his defense, which was read by the Judge Advocate, the original is hereto appended marked H.

The Court was then cleared for deliberation and after having maturely considered the evidence given did find that the specification of the 1st Charge was proven that that the accused was of the first charge, guilty.

And did find that the specification of the 2nd Charge was proven and that the accused was of the 2nd charge, guilty.

And the court does therefor sentence the said William H. Miller, Acting First Assistant Engineer, attached to the US Iron Clad Steamer Manhattan to be reprimanded in General Orders by the Commander in Chief and not to be allowed to leave the Manhattan for a period of three months.

J. B. Marchland
Captain and Senior Member

Thomas Williamson
Chief Engineer

Wm. E. Fitzhugh
Lieut. Comdr

H. B. Tyson
Lieut

Stephen A. McCarty
Lieut.

LaRue P. Adams
Lieut

Ensign Philip H. Cooper
Judge Advocate

Approved
D. G. Farragut
Rear Admiral

The Court then adjourned until Monday September 12th, 10 o'clock AM

Flag Ship Hartford
W.G.B. Squadron
Mobile Bay, September 2d 1864

By virtue of authority in me vested a Naval General Court Martial is hereby ordered to convene on board the U.S.S. "Richmond", lying in Mobile Bay, Ala. on the Third day of September, one thousand and eight hundred and sixty-four, or as soon thereafter as practicable, for the trial of James T. Seaver, an Acting Ensign of the U.S. Navy, lately commanding the U.S.S. Philippi, and such others as may be legally brought before it.

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

Captain Thomas A. Jenkins
Captain John B. Marchland
Lieutenant Commander Wm. E. Fitzhugh
Lieutenant Commander Edward Terry
Lieutenant Herbert B. Tyson
Lieutenant Stephen A. McCarty
Lieutenant LaRue P. Adams
and Acting Ensign Alex S. Gibson of U.S.S. Hartford is hereby appointed Judge Advocate.

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

[orders detaching and attaching officers omitted from this transcription]

Charges and Specifications of Charges preferred by Rear Admiral D. G. Farragut, Commanding the West Gulf Blockading Squadron, against William H. Miller, Acting First Assistant Engineer in the US Navy attached to the US Iron Clad Steamer Manhattan.

Charge First: Disrespectful language to his superior officer in the execution of his office.

Specification: In this that on or about the eight day of September, one thousand eight hundred and sixty four the said William H. Miller, Acting First Assistant Engineer in the US Navy, attached to the US Iron Clad Steamer Manhattan, then lying in Mobile Bay, Alabama, did use disrespectful language to his superior officer, Acting Master Robert B. Ely, whist in the execution of his office as Executive Officer of the said Steamer in replying to him when he, the Executive Officer, said he would have one of the firemen put in irons for disobedience of orders, "No you won't put that man in irons, these firemen and coal heavers belong to me and I will look out for them" and further "those men are firemen and coal heavers and have nothing to do with them" or words to that effect.

Charge Second: Insubordination and conduct tending to the subversion of good discipline.

D. G. Farragut
Rear Admiral

Witnesses
Robert B Ely, Acting Master, USN
William Quirk, Gunner's Mate
Edward Hughes, Seaman
John Sproul, Landsman

Defense of William H. Miller

I had just come up from the Engine Room and was standing on the Engine room hatch when Mr Ely said to me "Mr Miller will you not have your men sweep up the ashes which have been spilled on the deck?" I said that I would and immediately send down for two 2nd class firemen. James Fisher came up at once and commenced sweeping the ashes from the deck, he had swept them half way to the ship's side when Mr Ely came from either forward or from the port side of the smokestack, shook his hand in the fireman's face and said "God damn you fireman, if you spill any more ashes on this deck, I'll put you in double irons and confine you on bread and water!" I replied "I do not think that it is right for you to swear at my men. I will see those ashes swept off the deck, my man is doing it." Mr Ely said to me "you have no men, they belong to the ship's company." I answered "I have charge of the firemen and coal passers of my watch." He replied "to whom are you talking?" I said "I am talking to you sir!" He then said to me "I will report you to the Captain for insolence, I will prefer charges against you."

William H. Miller
Acting 1st Assistant Engineer