United States vs. PVT Thomas McConnell, USMC, Pensacola Navy Yard

US Ship Potomac
Pensacola Bay, Fla Sept 14 1864

The Court having finished the case of Samuel C. Scoville, proceeded to take up the case of Thomas McConnell, Private, USMC, of the Marine Guard of the Pensacola Navy Yard.

Captain William H. Carter, of the USMC was ordered as an additional member of the Court.

The accused was brought in and the names of the member of the court were called over by the Judge Advocate according to seniority.

Present
Commander Alexander Gibson
Commander James H. Strong
Lieut. Commdr. Henry Wilson
Lieutenant Thomas C. Bowen
Lieutenant A. A. Batcheller
Captain William H. Carter, USMC

Edmund de Grandval, Judge Advocate and Thomas McConnell, the accused were also present.

The Judge Advocate read the order convening the Court.

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

The oath proscribed 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 specifications, to which he replied "yes".

The charges and specifications were then read aloud by the Judge Advocate, who said, "Thomas McConnell, you have heard the charges preferred against you, what say you, guilty or not guilty?"

The accused plead Guilty of the First and Second Charges and Not Guilty of the Third Charge.

Orderly Sergeant George Gassman of USMC of the Marine Guard of the Pensacola Navy Yard, a witness on the part of the prosecution, was called, and being duly sworn in the presence of the accused, and the charge being read to him, deposed as follows:

Question by the Judge Advocate "Will you state what you know of this case?"

Answer: "Of my own knowledge, I know nothing"

There being no questions asked of the witness by the Court or the accused, he retired.

John Moore (colored) a citizen of Warrington, Fla, a witness for the prosecution was called, and being sworn in the presence of the accused, and the charges read to him, deposed as follows:

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

Answer: "I do not know anything about it."

There being no questions asked of the witness by the Court or the accused, he retired.

William W. Samuel (colored) Citizen of Warrington, Fla, a witness for the prosecution was called, and being sworn in presence of the accused, and the charges read to him, deposed as follows:

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

Answer: "Nothing"

There being no questions asked of the witness by the Court or the accused, he retired.

Patrick Kilroy, a Landsman, serving on board US Ship Galena, a witness for the prosecution was called and being sworn in the presence of the accused and the charge read to him, deposed as follows:

Question by the Judge Advocate: "What do you know about the case?"

Answer: "I was bringing provisions to our ship, the Galena, from the Navy Yard, and there was a recruit named Walter P. Hoyle who gave the accused fifty dollars to go and get two or three bottles of whiskey and the change. Hoyle came down to the wharf and as his boat was going away, he said "Kilroy will you go up and get the whiskey and my change" I sad "I will," and when I went to the yard, I saw the accused seated near some lumber - I asked him "have you got the whiskey but the bill was bad, I saw the two bottles of whiskey on the waist of his pantaloons, but he would not give it to me. I wanted him to go down to the boat and see the man who gave him the bill so as to pay for the whiskey and get the bill, but he would not go. Then I began growling, and the Commander came up and asked "which of you has the whiskey" and the accused ran behind the lumber and pitched the whiskey away - the Commander shouted to the Corporal of the Guard to search him, but he had not the whiskey then, he had pitched it away."

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

Walter P. Hoyle, Landsman, serving on board the USS Galena, a witness on the part of the prosecution was called, and being duly sworn in the presence of the accused, and the charge read to him, deposed as follows:

Question by the Judge Advocate: What do you know about this case?

Answer: I gave the accused a fifty dollar bill to get me some liquor, He promised to get it, and I did not see him afterwards.

There being no further questions asked of the witness by the Court or the Accused, his testimony was read over and by him pronounced to be correct.

The accused was then asked by the Judge Advocate if he had any defense to make, and answered that he had not. The statement of the parties being thus in possession of the Court, the Court was cleared for deliberation, and having maturely considered the evidence adduced do find the accused, Thomas McCOnnel, private US Marine Corps of the Marine Guard of the Pensacola Navy Yard,

Of the specification of the first charge: prove by plea of guilty
Of the first charge: guilty
Of the specification of the second charge: proven by plea of guilty
Of the second charge: guilty
Of the specification of the third charge: proven
Of the third charge: guilty

And the court do sentence Thomas McConnel, private US Marine Corps, of the Marine Guard of the Pensacola Navy Yard, to be confined in any penitentiary the Secretary of the Navy may direct at hard labor for the term of five years and to be dishonorably discharged at the expiration of that period. This sentence to be read before the Marine Guard of the Pensacola Navy Yard at General Parade.

Commander Alexander Gibson
Commander James H. Strong
Lieut. Commdr. Henry Wilson
Lieutenant Thomas C. Bowen
Lieutenant A. A. Batcheller
Captain William H. Carter, USMC
Edmund de Grandval, Judge Advocate

Approved
D. G. Farragut
Rear Admiral
Sept 16, 1864

Flag Ship Hartford
Mobile Bay, Ala.
Sept 8th, 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 named officers, any five of whom are empowered to act, viz:
Commander Alexander Gibson
Commander James H. Strong
Lieutenant Commander Henry Wilson
Lieutenant Thomas C. Bouen
Lieutenant O. A. Patcheller, and
Edmund du Grandval of Pensacola is hereby appointed Judge Advocate.

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

Charges and Specification of Charges preferred by Rear Admiral D.G. Farragut, commanding the West Gulf Blockading Squadron, against Thomas McConnell, private US Marine Corps, of the Marine Guard of the Pensacola Navy Yard.

Charge First: Fraud

Specification: In this, that on or about the fifth day of September, one thousand eight hundred and sixty four, the said Thomas McConnell, private US Marine Corps, of the Marine Guard of the Pensacola Navy Yard, having received from Walter P. Hoyle, Landsman, serving on board the USS Galena, a note for fifty dollars on the Bank of New Jersey, did refuse to return the said note or any part of its value, and when examined by his Commanding Officer, did positively assert that he had returned the said note, which he had not done, but had left it in pawn with a citizen of Woosley, Florida.

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

Specification: In this, that on or about the fifth day of September, one thousand eight hundred and sixty four, the said Thomas McConnell, private US Marine Corps, of the Marine Guard of the Pensacola Navy Yard, having received from Walter P. Hoyle, Landsman, serving on board the USS Galena, a note for fifty dollars on the Bank of New Jersey, did refuse to return the said note or any part of its value, and when examined by his Commanding Officer, did positively assert that he had returned the said note, which he had not done, but had left it in pawn with a citizen of Woosley, Florida.

Charge Third: Smuggling liquor into the Navy Yard

Specification: In this, that, on or about the fifth day of September, one thousand eight hundred and sixty-four, the said Thomas McConnell, private US Marine Corps, of the Marine Guard of the Pensacola Navy Yard, did smuggle into the said Navy Yard, concealed about his person, two bottles of alcoholic liquor.

D. G. Farragut
Rear Admiral

Witnesses: Orderly Sergent George Gassman, USMC
Landsman Patrick Killroy
Landsman Walter P. Hoyle
Commodore's Cook John Moore
Boy W. W. Samuel.

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