United States vs. Henry Lane, Seaman, USS Hartford

Lane was removed from the Hartford and sent north. His rendezvous index card shows he went AWOL 1 January 1865. The card also shows he served aboard the Niagara after he was sent north, but I cannot find his name on her muster roll for 1864 or 1865.

The rank of master that William A. Maine held is now called Lieutenant Junior Grade.

Record of the Proceedings of a Naval General Court Martial, held on board USS Potomac, lying in Pensacola Bay, Florida, in obedience to an order of Rear Admiral D. G. Farragut, Commanding W. G. B. Squadron, dated May 17th, 1864 - a copy of which, hereunto appended, is marked "A", the original being appended to a previous record

USS Potomac
Pensacola Bay, Fla.
1 PM, May 20th, 1864

The Court met after recess. Present
Commander Alexander Gibson, USN
Lieutenant Commander George M. Morris, USN
Lieutenant Commander William P. McCann, USN
Lieutenant Commander Oscar F. Stantons, USN
Captain Charles Heywood, USMC
Lieutenant Charles D. Jones, USN
Lieutenant Charles L. Sherman, USMC and
Alexander S. Gibson, Judge Advocate

Captain Charles Heywood, US Marine Corps and Lieutenant Charles L. Sherman, US Marine Corps, were detached from the Court by orders from Rear Admiral D. G. Farragut, Commanding W. G. B. Squadron.

The Accused, Henry Lane, Seaman, serving on board USS Hartford, being also present, the order convening the Court - of which a copy, hereunto appended, is marked "A", the original being appended to a previous record - was read aloud, and he was asked if he had any objection to any member; to which he replied No.

He was further asked if he had a copy of the Charges preferred against him; to which he replied Yes.

He was further asked if he desired anyone to act as his counsel, to which he replied No.

The order of Rear Admiral D. G. Farragut, Commanding W. G. B. Squadron, dated May 20th 1864 - hereunto appended, marked "B" ordering the Court to take up the case of Henry Lane, Seaman, serving on board the USS Hartford was then read.

Whereupon the Judge Advocate was duly sworn by the Senior Member of the Court and the Court was duly sworn by the Judge Advocate, according to the Act of Congress, in presence of the accused.

The Charges and Specifications hereunto appended, marked "C" were then read aloud to the accused and he was asked by the Judge Advocate:

Question: You have heard the reading of the Charges preferred against you, how say you, guilty or not guilty?

Answer: Not guilty to both charges.

The Court, being duly organized, proceeded to the trial.

Charles F. Strond, Acting Third Assistant Engineer, USN, being called as a witness for the prosecution, was duly sworn, in presence of the accused.

The Charges and Specifications having been read aloud to the witness, he was asked by the Judge Advocate:

Question: Please state what you know about this matter?

Answer: I was on board the steamer Jasmine, on the evening of the fifteenth of May, Henry Lane, the accused was standing by the bridge; he pointed to Captain Maine, we ere all three standing together, Captain Maine, Mr. Heath, Master's Mate and myself. I heard him say that he was a son of a bitch, that he might kiss his Irish arse or words to that effect. He also mentioned his own name at that time. I believe that is about all.

Question by Judge Advocate: Do you recognize the accused as the man who used this language?

Answer: Yes

Question by Judge Advocate: Did the accused direct this language at Captain Maine?

Answer: We were three of us standing together, and he pointed right as us; there were several of them standing together, several sailors.

Question by Judge Advocate: Did you hear the accused make use of the words "two-striped" in his language?

Answer: I did not; I was not paying particular attention.

Question by Court: Did the accused call the Captain of the Jasmine "a two striped volunteer son of a bitch?"

Answer: I did not hear it.

Question by Court: Was the accused, Henry Lane, drunk at the time he made these remarks?

Answer: Yes, I supposed so from his actions and manner.

Question by Court: How far were you from Captain Maine when the accused made his remarks to him?

Answer: About four or five feet.

Question by Court: Do you think the accused, Henry Lane, Seaman, knew what he was about at the time he used this language?

Answer: No, I think he was too much under the influence of liquor.

Question by Court: Could you swear the accused, Henry Lane, Seaman, was sober?

Answer: No.

The accused was asked if he had any questions to ask the witness; to which he replied no.

There being no further questions to ask the witness, his evidence was read over to him and found to be correct, whereupon he retired.

At this stage in the Proceedings, the Court adjourned to meet tomorrow May 21st at 10 AM.

A. Gibson
Commander and Senior Member

Alexander S. Gibson
Judge Advocate

US Ship Potomac
Pensacola Bay, Fla.
10 AM, May 21st 1864

The Court met pursuant to adjournment.
Present
Commander Alexander Gibson, USN
Lieutenant Commander George M. Morris, USN
Lieutenant Commander William P. McCann, USN
Lieutenant Commander Oscar F. Stanton, USN
Lieutenant Charles D. Jones, USN and
Alexander S. Gibson, Judge Advocate

The proceedings of yesterday in this case having been read over and found correct -

The accused Henry Lane, Seaman, serving on board the USS Hartford, was brought in and the Court proceeded with the trial.

William A. Maine, Acting Master, USN, being called as a witness for the prosecution, was duly sworn, in presence of the accused.

The Charges and Specifications having been read aloud to the witness, he was asked by the Judge Advocate:

Question: Please state what you know about this matter?

Answer: On the evening of the fifteenth, about seven o'clock, the accused came alongside the vessel, in company with two others. One of the others asked me to lend them my boat to put them on board ship; which I refused, stating that I had no boat or men to wait on them. They then walked way a little distance from the vessel and began abusing me. I went on shore, and asked one of them his name, which he refused to tell, telling me he had no name. I then returned on board and this man began cursing me, calling me a "son of a bitch" and telling me that he knew I was from the Merchant service, and that when a man gets two or three brass buttons on, he thinks he is "all hell." He stated he was a bloody Irishman and that I could kiss his bloody Irish arse. He said I was a "two striped volunteer son of a bitch." After continuing to use such language as that for about ten minutes towards me, I sent an officer after a corporal's guard to come down and arrest him. While the officer was gone after the guard, he walked away. When the guard came down, I found him alongside of the gunboat Pinola and had him arrested. I walked up to the Major's quarters a little ahead of the guard, and he continued to curse me and call me "a son of a bitch" stating that all they wanted was to take some of his pay from him and they could have the whole of it if they wished. I then left him in charge of the guard.

Question by Judge Advocate: Was this language of the accused directed unmistakably at you?

Answer: I should judge it was, as he was looking directly at me when he used the language.

Question by Judge Advocate: In what way did the accused used this language? Did he speak to you or to some one else?

Answer: He seemed to be talking to himself and looking at me. Some of them spoke to him admonishing him of the language he was using, and he said he didn't care, he was a son of a bitch anyhow.

Question by Judge Advocate: Was the accused under the influence of liquor at this time?

Answer: I could not tell whether he was or not. He was not drunk.

Question by Judge Advocate: Did the accused appear to know what he was about at the time he used this language?

Answer: Yes, I should think he did, quite clearly.

Question by Judge Advocate: Will you please state your name, rank and position?

Answer: William A. Maine, Acting Master USN, Commanding USS Jasmine.

The accused was asked if he had any questions to ask the witness to which he replied no.

There being no further questions to ask the witness, his evidence was read over to him and found to be correct, whereupon he retired.

Lucius H. Heath, Acting Master's Mate, USN, being called as a witness for the prosecution, was duly sworn in presence of the accused.

The Charges and Specifications having been read aloud to the witness, he was asked by the Judge Advocate:

Question: Please state what you know about this matter.

Answer: I am an Acting Master's Mate, attached to USS Jasmine. On the evening of the fifteenth of this month, four or five of the Hartford's men came down, and asked for a boat to go off to the Hartford. Captain Maine replied that he could not let them have a boat, and asked them why they didn't go off in the sundown boat. They then went away, about 50 feet from the vessel, I think, and the prisoner kept calling out "he's a son of a bitch and a son of a whore" at the same time motioning towards the vessel where we were standing and kept up the same talk for about ten minutes, I should think. Captain Maine then sent me after a Corporal's Guard. They came down and Captain Maine took the Guard and arrested the man.

Question by Judge Advocate: Do you recognize the accused as the man who used this language?

Answer: Yes

Question by Judge Advocate: Did the accused direct his language unmistakably at Captain Maine?

Answer: Judging from the direction in which he pointed, I should think he did; he pointed at all three of us standing there.

Question by Judge Advocate: Did you hear the accused make use of the words "two striped volunteer son of a bitch?"

Answer: No

Question by Judge Advocate: Did you hear the accused tell Captain Maine he might kiss his Irish arse?

Answer: I heard him say something about his Irish arse but I do not know who it was directed to.

Question by Judge Advocate: Was the accused drunk at the time?

Answer: He was.

Question by Judge Advocate: Did the accused appear to know what he was about when he used this language?

Answer: He appeared to understand what he said.

Question by Court: How far were you from Captain Maine at the time of this occurrence?

Answer: I was standing within five feet of him.

The accused was asked if he had any questions to ask the witness, to which he replied no.

There being no further questions to ask the witness his evidence was read over to him and found to be correct; whereupon he retired.

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

Charles D. Jones, Lieutenant, USN, being called as a witness for the defense was duly sworn in presence of the accused.

He was asked by the Judge Advocate:

Question: Please state what you know as to the character of the accused?

Answer: I was with the accused on board the frigate Santee during the years 1861 and 1862, as a Midshipman. The accused was a quarter gunner, he had a reputation for sobriety and doing his duty, and never, as far as I know, was reported for any misdemeanor or dereliction of duty - in fact he was always considered one of the best men in the ship. During the time he has been with me on board the Hartford, I have been there as an Ensign and Officer of the Deck, being in my watch. I have always observed him to do his duty well.

The accused was asked if he had any questions to ask the witness; to which he replied no.

There being no further questions to ask the witness, his evidence was read over to him and found to be correct, whereupon he resumed his seat.

The accused was asked if he any defense or statement to make; to which he replied:

"I have no statement to make, except that, at the time, I was under the influence of liquor; and was not conscious of what I was doing."

Whereupon the Court was cleared and proceeded to the finding and sentence; and after having maturely considered the evidence adduced, do find:

Of the Specification to Charge First: Proven, and that Henry Lane, Seaman is guilty of that charge.

Of the Specification to Charge Second: Proven, and that Henry Lane, Seaman is guilty of that charge.

And the Court do therefore sentence said Henry Lane, Seaman, serving on board USS Hartford:

To be confined in any penitentiary that the Secretary of the Navy may direct, for two years, at hard labor, without pay during his confinement. This sentence to be read on the quarter deck of all vessels belonging to the Western Gulf Blockading Squadron, at general muster.

Alexander Gibson, Commander and senior member
George M. Morris, Lieutenant Commander and member
William P. McCann, Lieutenant Commander and member
Oscar F. Stanton, Lieutenant Commander and member
Charles D. Jones, Lieutenant and member
Alexander S. Gibson, Judge Advocate

In consideration of the previous good conduct of the accused, as appears by the testimony in the case, the Court do recommend the accused to the clemency of the Commander-in-Chief.

In consideration of the good character of the prisoner, Henry Lane, and of the recommendation of the Court, one year and six months of the imprisonment is hereby remitted, the rest of the sentence is approved.

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

There being no further business before the Court

The Court adjourned sine die in obedience to the order from Rear Admiral D. G. Farragut, Commanding W. G. B. Squadron

A. Gibson
Commander and senior member

Alex. S. Gibson
Judge Advocate

US Flag Ship Hartford
Off Pensacola, Florida
May 17th, 1864

By virtue of authority in me vested, a Naval General Court Martial is hereby ordered to convene on board the USS Potomac, lying off Pensacola Navy Yard, Florida, on the 18th day of May eight hundred and sixty four, or as soon thereafter as practicable, for the trial of Martin Kane, private, US Marine Corps, of the Marine Guard of the Pensacola Navy Yard and such others 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 Alexander Gibson, USN
Lieutenant Commander George M. Morris, USN
Lieutenant Commander William P. McCann, USN
Lieutenant Commander Oscar F. Stantons, USN
Captain Charles Heywood, USMC
Lieutenant Charles D. Jones, USN
Lieutenant Charles L. Sherman, USMC

And Mr. Alex S. Gibson of Pensacola is hereby appointed Judge Advocate

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

US Flag Ship Hartford
Western Gulf Squadron
Off Pensacola, May 20, 1864

Sir As soon as you have finished the case of Martin Kane, marine, you will take up that of Henry Lane, seaman of this vessel. The charges and specifications have been forwarded to you.

Very respectfully
your obedient servant
D. G. Farragut
Rear Admiral

Commander A. Gibson
Senior Member of the Court Martial
USS Potomac

Charges and specifications of charges preferred by Rear Admiral D. G. Farragut, commanding W. G. B. Squadron, against Henry Lane, Seaman, serving on board the USS Hartford

Charge First: Using provoking words to his superior officer

Specification: In this, that the said Henry Lane, Seaman, serving on board the USS Hartford, then lying off Pensacola Navy Yard, on the evening of the fifteenth day of May, eighteen hundred and sixty four, being at the time on liberty, and in said Pensacola Navy Yard, did use provoking words towards his superior officer Act'g Master William A. Maine, USN, commanding USS Jasmine, calling him a two striped volunteer son of a bitch and telling him he might kiss his Irish arse or words to that effect.

Charge Second: Treating with contempt his superior officer.

Specification: In this, that the said Henry Lane, Seaman, serving on board the USS Hartford, then lying off Pensacola Navy Yard, on the evening of the fifteenth day of May, eighteen hundred and sixty four, being at the time on liberty, and in said Pensacola Navy Yard, did treat with contempt his superior officer Act'g Master William A. Maine, USN, commanding USS Jasmine, calling him a two striped volunteer son of a bitch and telling him he might kiss his Irish arse or words to that effect.

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

Witnesses
William A. Maine, Acting Master, USN
Lucius H. Heath, Acting Master's Mate, USN
Charles F. Stroud, Acting 3rd Assistant Engineer, USN