United States vs. John G. Cunningham, Acting 3rd Asst. Engineer, USS Pink

John G. Cunningham was appointed an Acting 3rd Assistant Engineer 4 September 1864. A few months later Cunningham would face the first of four courts martial he would face while attached to the West Gulf Squadron.

Proceedings of a Naval General Court Martial held on board the US Ship Potomac, by virtue of a precept signed by Rear Admiral D. G. Farragut, commanding W. G. B. Squadron, the original of which is hereunto annexed and which is in the words and figures following:

US Flag Ship Hartford
Pensacola Bay, Nov 29, 1864

By virtue of authority in me vested, a Naval General Court Martial is hereby ordered to convene on board the USS Potomac, Pensacola Bay, Fla, on the first day of December, one thousand eight hundred and sixty four, or as soon thereafter as practicable, for the trial of John G. Cunningham, an Acting 3rd Assistant Engineer in the US Navy, attached to the US Steamer Pink, 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:

Commander Alex Gibson
Commander William E. Le Roy
Lieut. Comdr John Walters
Lieut. Commander Trevelt Abbott
Lieut Commander Henry Erben
Lieutenant John A. Howell
and Edmund du Grandval of Pensacola is hereby appointed Judge Advocate.

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

US Frigate Potomac
Pensacola Bay, Fla
December 1st, 1864, 10 AM

In obedience to the Precept herewith appended, a Naval General Court Martial was convened on board this ship for the trial of John G. Cunningham, an Acting Third Assistant Engineer in the US Navy, attached to the US Steamer Pink. The Court was called to order, proclaimed open and the accused was brought in. The names of the Members of the Court was called over by the Judge Advocate according to Seniority.

Present:
Commander Alex Gibson
Commander William E. Le Roy
Lieut. Comdr John Walters
Lieut. Commander Trevelt Abbott
Lieut Commander Henry Erben
Lieutenant John A. Howell and Edmund du Grand-val, the Judge Advocate.

The accused also being present.

The precept herein before set forth was produced and read by the Judge Advocate in the presence of the accused.

The Judge Advocate then asked the accused if he had any objection to make to any member of the Court named in the foregoing precept, to which he replied that he had not.

Thereupon the Senior Member of the Court administered to the Judge Advocate the oath prescribed by law, and the Judge Advocate administered to all the members of the Court the oath prescribed by the 25th article of the Act of Congress entitled "An act for the better government of the Navy of the United States" approved July 17th, 1862.

The Judge Advocate asked the accused if he wished for counsel. He said that he did not.

The Judge Advocate also asked the accused if he had been furnished with a copy of the charges and specifications. He replied that he had.

The Court now being organized, the Judge Advocate read the charges and specifications of charges in presence of the accused, of which the following is a copy and the original of which is hereto appended.

Charges and Specifications of Charges preferred by Rear Admiral D. G. Farragut, commanding the W. G. Blockading Squadron, against John G. Cunningham, an Acting Third Assistant Engineer in the United States Navy, attached to the US Steamer Pink.

Charge First: Drunkenness

Specification: In this, that on or about the twenty third day of November, one thousand eight hundred and sixty four, the said John G. Cunningham, an Acting Third Assistant Engineer in the United States Navy, attached to the US Steamer Pink, then lying in Pensacola Bay, Fla, while on shore, in and about the Pensacola Navy Yard, was drunk.

Charge Second: Scandalous conduct unbecoming an officer of the Navy

Specification First: In this, that on or about the twenty third day of November, one thousand eight hundred and sixty four, the said John G. Cunningham, an Acting Third Assistant Engineer in the United States Navy, attached to the US Steamer Pink, then lying in Pensacola Bay Fla, being an officer of the US Navy, did use abusive language towards Private John O'Leary, USMC, stationed as a sentinel at one of the gates of the Pensacola Navy Yard, calling him a "God damned son of a bitch" or words to that effect and using other obscene language.

Specification Second: In this, that on or about the twenty third day of November, one thousand eight hundred and sixty four, the said John G. Cunningham, an Acting Third Assistant Engineer in the United States Navy, attached to the US Steamer Pink, then lying in Pensacola Bay Fla, being an officer in the US Navy, did, while on shore, furnish liquor to two or more firemen of the US Steamer Pink, whereby the firemen became drunk and disorderly and abused the US Marine stationed as a sentinel at one of the gates of the Pensacola Navy Yard.

Signed
D. G. Farragut
Rear Admiral
Comdg W. G. B. Squadron

Witnesses
Captain W. H. Carter, USMC
Corporal Charles Gelley, USMC
Corporal John Crawley, USMC
Private John O'Leary, USMC
Citizen John Pendola

The Judge Advocate then said "accused, you have heard the reading of the charges preferred against you, what say you, guilty or not guilty?"

To which the accused plead of the first charge, guilty. Of the second charge, not guilty.

There being no witnesses present, the Court was adjourned until tomorrow, the 2nd day of December 1864, at the same time and place.

US Frigate Potomac
Pensacola Bay, Fla
December 2m 1864, 10 AM

The Court met pursuant to adjournment. Present, all the members and the Judge Advocate. The accused was also present. The proceedings of yesterday were read over and approved.

The accused withdrew his plea of not guilty to the second charge and plead guilty. The accused handed to the Judge Advocate, who read to the Court the following statement, the original of which is appended to this record.

United States Ship Potomac
December 2d, 1864

Gentlemen of the Court

In reference to the first charge in the case against me, I unfortunately on that occasion drank more liquor than I ought to have done, and while under its influence, must have committed the acts specified on the second charge, or a gentleman of the rank and standing of Captain Cartter would not come forward to substantiate them, yet I do not remember committing either. Therefore gentlemen, I have considered it imprudent to occupy your time in proving that which I am satisfied, I cannot bring testimony to disprove; consequently plead guilty of the second charge also, and in doing so, I will throw myself entirely on the leniency of the Court. I can assure you, gentlemen, there is no person more sincerely regrets such conduct than myself, and I also assure you this affair will have the effect of my totally abstaining from all intoxicating drink hereafter. If I could only hope for a suspension of sentence, I would prove by my future good conduct that I was worthy of any clemency you might extend me.

I am gentlemen
very respectfully
your obedient servant
John G. Cunningham
Acting 3rd Asst. Engineer
USS Pink

The statement of the parties being thus before the court, the court was cleared for deliberation and after mature consideration, do find the accused, John G. Cunningham, Acting Third Assistant Engineer, attached to the US Steamer Pink

Of the charges: guilty by plea of guilty
Of the specifications: proven by plea of guilty

and do sentence him the said John G. Cunningham, to be publicly reprimanded, to deprivation of liberty and suspension from duty for three months, to be on "leave pay" and remain on board the US Ship Potomac during the time of such suspension. This sentence to be read on the quarter deck of all the vessels of the W. Gulf Blockading Squadron.

Commander Alex Gibson
Commander William E. Le Roy
Lieut. Comdr John Walters
Lieut. Commander Trevelt Abbott
Lieut Commander Henry Erben
Lieutenant John A. Howell

US Ship Potomac
Pensacola Bay, December 2, 1864

The Court having duly disposed of the business brought before it, adjourned sine-die.
Ed. du Grand-val
Judge Advocate

[Return to Courts Martial and Courts of Inquiry index]

This is privately operated website. It is not associated with any governmental organization.