United States vs. William Smith, Captain of Forecastle, Yacht Corypheus

USS Portsmouth
July 11th, 1864

Court met pursuant to adjournment of 9th inst. Present
Commander L. C. Sartori
Acting Volunteer Lieutenant Charles H. Brown
Acting Volunteer Lieutenant U. D. Urann
Acting Master A. L. B. Zerga
Acting Master John Wallace
Judge Advocate G. W. Reynolds

The Court proceeded to the trial of William Smith, Captain of Forecastle, Yacht Corypheus.

The Judge Advocate having read the order convening the Court asked the accused if he had any objection to any member named therein to which he replied "he had not."

The Court was then duly sworn by the Judge Advocate and the Judge Advocate by the Presiding Officer of the Court, in the presence of the accused, who was then asked if he desired Counsel to which he replied "he did not."

On being asked if he was ready for trial replied that "he was."

The charges were then read aloud by the Judge Advocate.

The Judge Advocate then said to the accused "William Smith, you have heard the charges preferred against you, what say you guilty or not guilty."

To which the accused replied

"Not Guilty"

No witnesses being in attendance the court adjourned to meet on the 12th inst. at 10 o'clock AM.

July 12th, 1864
10 o'clock AM

Court met pursuant to adjournment of yesterday - Present:
Commander L. C. Sartori, President
Acting Volunteer Lieutenant Charles H. Brown
Acting Volunteer Lieutenant U. D. Urann
Acting Master A. L. B. Zerga
Acting Master John Wallace
Judge Advocate G. W. Reynolds and William Smith, Captain of Forecastle, accused.

The proceedings of yesterday were read and approved.

Acting Master's Mate A. A. Clark, a witness for the prosecution was duly sworn.

Question by Judge Advocate: State your name, rank and ship to which you belong.

Answer: Albert A. Clark, Acting Master's Mate, Yacht Corypheus.

Question: State what you know concerning this case.

Answer: On the 7th day of June accused commenced grumbling, said he was working for four dollars and a half a month, wanted to know what the Yankees were doing, they got whipped at everything they went into. At 7:30 AM, accused commenced grumbling again; I told him to stop his noise, being officer of the deck, at the time; said "he wouldn't stop for Jesus Christ."; then Mr. Gregory stepped up and told him "to stop his noise," his loud talking and cursing; all that was done on this occasion. On the 10th, he was told to scrub his hammock, by myself as officer of the deck, which he refused, saying "he wouldn't do it" and he did not do it. I reported him to the Executive Officer, Mr. Gregory. The Corypheus was lying in the New Basin at the time of the first and at Fort Pike at the time of the second occurrence.

Question by Judge Advocate: Did this grumbling, cursing &c, as you have stated, take place in presence of the crew?

Answer: Yes.

Court and Judge Advocate having no further questions, accused was asked if he had any and said he had none.

Testimony was read, pronounced correct and witness dismissed.

John H. Gregory, Acting Ensign, a witness for the prosecution was duly sworn.

Question by Judge Advocate: State your name, rank and ship to which attached.

Answer: John H. Gregory, Acting Ensign, Executive Officer, U.S. Yacht Corypheus.

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

Answer: On the morning of the seventh of June I heard some loud talking; I was aboard the Corypheus, lying in the New Basin; I went to the officer of the deck, Mr. Clark, and asked him what all that noise was about; he told me that the accused William Smith was talking loudly about the pay; saying that he was getting no pay; and wanted to know what we folk were doing; we folks meaning the government; I told him to tell the man to stop his noise; I heard him tell accused to stop his noise, and I heard the accused say in reply "that he would not stop if Jesus Christ told him to." I then ordered the accused to stop and he said no more. On the 10th inst. were lying at Fort Pike; accused was reported to me as having refused to scrub his hammock, when ordered to do so by Mr. Clark, officer of the deck; he did not scrub it on that occasion. I know nothing more.

Question by Court: Was the loud talking, referred to by you, in presence of the Crew?

Answer: They were within hearing distance.

Question by Judge Advocate: Was the manner and actions of the accused on these several occasions referred to in your evidence, calculated to breed discontent and mutinous feelings among the crew?

Answer: They certainly tended that way.

Question by Judge Advocate: From your own observation do you believe the accused intended to create mutinous feelings by his conduct?

Answer: I do not think that was his intent but it was calculated to have that effect.

The Court and Judge Advocate having no further questions the accused asked the following.

Question by Accused: Have you ever observed, prior to this occasion, anything which could be thought mutinous or improper in my conduct?

Answer: Prior to this he has been a very good man always attentive to duty.

Accused having no further questions the evidence was read, approved and witness retired.

A. A. Clark, Acting Master's Mate recalled.

Question by Judge Advocate: Was the manner and actions of the accused on these several occasions, referred to in your evidence, calculated to breed discontent and mutinous feelings among the crew?

Answer: I think they were.

Question by Judge Advocate: From your own observations do you believe the accused intended to create mutinous feelings by his conduct?

Answer: I believe it was his intention to create mutinous feelings, by his conduct, among the crew.

Question by Judge Advocate: To whom was the conversation of the accused, addressed, in the first case, on the 7th inst.? Was it to the officer himself, or was it particularly intended for his shipmates and overheard by the officer of the deck accidentally?

Answer: It was addressed to the men and overheard by the officer of the deck.

The Court and Judge Advocate having no further questions, the accused asked the following:

Question by Accused: Have you not spoken to Mr. Gregory and others in such a manner as to prejudice them, from your ill-feelings toward me?

Answer: No I have not.

Accused having no further questions the testimony was read and approved and witness dismissed.

The evidence for the prosecution here closed.

The Court then adjourned to meet tomorrow at 10 o'clock AM.

July 13th, 1864
10 o'clock AM

The Court met pursuant to adjournment - present:
Commander L. C. Sartori, President
Acting Volunteer Lieutenant Charles H. Brown
Acting Volunteer Lieutenant U. D. Urann
Acting Master A. L. B. Zerga
Acting Master John Wallace
Judge Advocate G. W. Reynolds and William Smith, accused.

The proceedings of yesterday were read and approved.

Acting Master's Mate Richard Seward, a witness for defense was duly sworn.

Question by Judge Advocate: Give your name, rank and ship to which belonging.

Answer: Richard Seward, Acting Master's Mate, Yacht Corypheus.

Question by Judge Advocate: Were you on board the Corypheus at the time of the occurrences alleged to have taken place in these charges, or during any part of the time?

Answer: I was.

Question by Judge Advocate: Were you within hearing distance of accused at the time he was spoken to by officer of the deck?

Answer: I was below asleep and know nothing of the charges.

Court and Judge Advocate having no further questions, accused states he has none to ask.

Testimony was read, approved and witness dismissed.

Alphonse Mose, a witness for the defense was duly sworn.

Question by Judge Advocate: State your name, position and ship to which belonging.

Answer: Alphonse Mose, seaman, yacht Corypheus

Question by Judge Advocate: Were you on board the Corypheus when the occurrences, mentioned in the charges, are said to have taken place?

Answer: I was on board on both occurrences referred to.

Question by Judge Advocate: Were you within hearing distance of accused at the time he was spoken to by the officer of the deck?

Answer: I was.

Question by Judge Advocate: What reply was made to the officer of the deck by accused?

Answer: I heard the words Jesus Christ used by accused, but nothing else. This was to the officer of the deck, Mr. Clark, who had spoken to him. But what the officer of the deck said I don't know. Heard nothing more on that occasion.

Question by Judge Advocate: Did accused scrub his hammock when ordered to do so, by the officer of the deck, whilst lying at Fort Pike on or about the 10th inst.

Answer: He did not.

Question by Judge Advocate: Did accused make any remark when ordered to scrub his hammock?

Answer: The order was passed the night before for all hands to "scrub hammocks" I heard it, on that evening I heard accused say that he was sick; said he had a bad headache.

Question by Accused: Did you hear me grumble about my pay or say anything disrespectful concerning the Government?

Answer: I heard accused say that when the pay was to be increased, as stated in the papers, that it would be no more than eight as we had to pay all our wages for our clothes. This was all I heard him say.

There being no further questions to ask by Court, Judge Advocate or accused, the testimony was ready over, pronounced to be correct and witness retired.

The accused having no further testimony to offer requested until tomorrow to prepare his final defense. The Court granted his request and adjourned to meet again at 10:30 AM tomorrow, the 14th inst.

July 14th, 1864
10:30 o'clock AM

The proceedings of yesterday having been read and approved the accused presented the written address, which was read, at his desire, by the Judge Advocate.

The Court was then cleared for deliberation, and having maturely considered the evidence adduced, find the accused William Smith, Captain of Forecastle, Yacht Corypheus, as follows:

Of specification of 1st charge: proven except for the words "did endeavor to excite mutinous feelings among the crew" which was not proven.
Of 1st Charge: not guilty as of "using mutinous and seditious language" but guilty of using words calculated to cause discontent among the crew.
Of Specification of 2nd charge - proven
Of 2nd Charge - Guilty
Of Specification of 3rd charge - proven
Of 3rd Charge - Guilty

And the court do therefore sentence the accused William Smith, Captain of Forecastle, to be imprisoned for the term of ten years in any peniteniary or prison, which shall be designated by the Honorable Secretary of the Navy; to forfeit all pay and prize money which are or may become due him, and to be dishonorable discharged from the Naval Service of the U.S. at the expiration of this sentence. L. C. Sartori, Commander and President Officer
Acting Volunteer Lieutenant
U. D. Urann, Acting Volunteer Lieutenant
A. L. B. Zerga, Acting Master
John Wallace, Acting Master
G. W. Reynolds, Judge Advocate

Approved with the exception of nine years confinement.
D. G. Farragut
Rear Admiral

The Court then adjourned to meet at 10 o'clock AM Friday 15th inst.

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 as 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. Sartori, President
Acting Volunteer Lieutenant Charles H. Brown
Acting Volunteer Lieutenant U. D. Urann
Acting Master A. L. B. Zerga
Acting Master John Wallace
And Mr. George W. Reynolds is hereby appointed Judge Advocate.

D. G. Farragut

Charges and Specifications of Charges preferred by Rear Admiral D. G. Farragut, commanding West Gulf Blockading Squadron, against William Smith, Captain of Forecastle, on board the U.S. Yacht Corypheus.

Charge 1st: Using mutinous and seditious language.

Specification: In this, that on or about the seventh day of June, one thousand, eight hundred and sixty-four, William Smith, Captain of Forecastle, on board the U.S. Yacht Corypheus, the said vessel then lying in Lake Pontchartrain, did endeavor to excite mutinous feelings among the crew, telling them that they were working for next to nothing on account of depreciation of currency, and using other language to that effect, and speaking disrespectfully of the U.S. Government.

Charge 2nd: Being disrespectful of his Superior Officer whist in the execution of the duties of his office.

Specification: In this, that on or about the seventh day of June, one thousand, eight hundred and sixty-four, William Smith, Captain of Forecastle, on board the U.S. Yacht Corypheus, the said vessel then lying in Lake Pontchartrain, did, when ordered by the Acting Master's Mate, A. A. Clark, officer of the deck, to stop his noise, refused to do so; using insulting and abusive language to said officer.

Charge 3rd: Disobeying the lawful orders of his superior officer.

Specification: In this, that on or about the tenth day of June, one thousand, eight hundred and sixty-four, William Smith, Captain of Forecastle, on board the U.S. Yacht Corypheus, the said vessel then lying in Lake Pontchartrain, did refuse to scrub his hammock at the same time as the rest of the crew, when ordered to do so.

D. G. Farragut
Rear Admiral
Commanding West Gulf Blockading Squadron

Witnesses: Acting Master's Mate A. A. Clark

New Orleans La.
July 13th, 1864

President and members of G. N. C. Martial,

I respectfully request permission to submit the following statement,

About breakfast time I had a quarrel with the mess cook and while talking to him, Mr. Gregory came forward, and told me to "stop talking". I did not see Mr. Clark, I was much excited at the time. I stopped immediately when told.

On the 10th when ordered to scrub my hammock I was sick and unable to do so. I told Mr. Clark I would scrub my hammock as soon as able.

As for mutinous language or any desire to create mutiny or dissatisfaction the idea never entered my head. I have been thirty two months in service and have been reported for my uniform and good conduct to the Admiral commanding the fleet.

Although not desiring to wrong Mr. Clark, or injure the service by baseless accusations, I cannot help remarking that I feel fully convinced that extreme over old grudges have much to do in burying me before the first court I ever attended.

William Smith
Captain of Forecastle
U.S. Yacht Corypheus.