United States vs. Michael F. Rogers, Acting 2nd Asst. Engineer, USS Glide

USS Portsmouth Off New Orleans Feby 15th 1865

The Court having concluded the case of Acting First Assistant Engineer S. R. Brummage, of the USS Comubria, proceeded to the trial of Acting 2nd Assistant Engineer Michael F. Rogers of the USS Glide, who being called into Court and having heard the precept read, was asked if he had any objection to any member named therein to which he replied "that he had no objection to any member named therein."

The Judge Advocate was then duly sworn by the Presiding Officer of the Court and the Court by the Judge Advocate, in presence of the accused, who was asked if he had received a copy of his charges and was ready for trial, to which he replied affirmatively and stated that he desired no counsel.

Witnesses being present, the charges and specifications were read by the Judge Advocate. Witnesses having retired, accused was arraigned as follows:

"Acting 2nd Assistant Engineer Michael F. Rogers of the USS Glide, you have heard the chargers and specifications preferred against you, how say you, guilty or not guilty?"

To which accused pleaded

"Not Guilty."

Acting Ensign James Sheppard, USN, a witness on the part of the prosecution, being duly sworn deposed:

Question by Judge Advocate: State your name, rank and ship?

Answer: James Sheppard, Acting Ensign, USN, Executive Officer, USS Glide.

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

Answer: On or about the 7th of February, while the Glide was lying in Berwicks Bay, Edward Kenny, Acting 3d Assistant Engineer, reported to me that accused said that "he would cut the guts out of any person that interfered with him from the Captain down." That is all I know of the first charge.

On the 14th of January, the Steamer Glide was lying in the Mississippi Rover, I heard the steam escaping rather hard and went to see what the matter was - when I got to the door of the boiler room I heard accused say "you damned son of a bitch what are you hauling on that line for." This is all I know.

There being no further questions by Court, Judge Advocate or accused, the testimony was read to and approved by witness who retired.

Acting 3d Assistant Engineer Edward Kenny, a witness on the part of the prosecution, being duly sworn, deposed:

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

Answer: Edward Kenny, Acting 3d Assistant Engineer, USS Glide.

Answer: On or about the 22d or 23d of January 1865 while the Glide was lying at Berwicks Bay, I heard accused say nothing. I know nothing of the charges.

Question by Court: Did you report to the Executive Officer that accused had said "he would cut the guts out of any body who interfered with him?"

Answer: I did not so report.

There being no further questions by the Court, Judge Advocate or accused the testimony was read and approved by witness who retired.

Acting 3d Assistant Engineer Thomas R. Thompson, a witness for the prosecution being duly sworn deposed:

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

Answer: Thomas R. Thompson, Acting 3d Assistant Engineer, USS Glide.

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

Answer: On or about the 23d of January, I was on watch in the Engine Room. I heard accused and Acting Master's Mate Griffin having some words, at the vice - accused came into the engine room and appeared to be angry and I asked him what was the matter - he said "they had better let me alone onboard this vessel or I will cut the guts out of some of them, the Captain or anyone else." This is all I know.

Question by Court: Was the conversation addressed to you alone, or in the hearing of others of the crew?

Answer: It was addressed to me personally - there were firemen within five or six feet. I have no reason to know that they heard it.

There being no further question by the Court or Judge Advocate, the accused asked the following:

Question by Accused: Where was the Glide at the time the conversation related by you took place?

Answer: Lying off the dock at Brashear City.

Question by Accused: What did you remark that caused the reply you state I made?

Answer: I made a remark to Mr. Rogers, something about Engineers not being much noticed or considered on board this ship.

Question by Accused: Was this conversation not an ordinary communication from officer to officer and not intended to go further?

Answer: It was a private conversation between Mr. Rogers and myself. I dropped the remark to Mr. Kenny, 3d Assistant Engineer, not intending it to go further.

There being no further question by the Court, Judge Advocate or accused, the testimony was read over and approved by witnesses who retired.

There being no further witnesses, the prosecution here closed its case, and so announced to the accused.

The accused declined to call any witnesses or make any statement but submitted his case on the evidence adduced.

The Court here recalled Acting 3d Assistant Engineer Thomas R. Thompson, who was examined, in presence of accused, as follows:

Question by Court: Was there a bulkhead between the engine room and where the firemen were standing, as stated by you, and did accused speak in a loud voice or in a mild conversational way?

Answer: There was a bulkhead between and the door was open, the accused spoke in a low voice. I do not think they could have heard accused unless they had been listening particularly to him.

The Court, Judge Advocate or accused having no further questions to ask, the testimony was read to and approved by witness who retired.

The Court was then cleared for deliberation and after mature consideration of the evidence adduced find the accused as follows:

Of the Specification to 1st Charge: Not Proven Of the 1st Charge: Not Guilty Of the Specification to 2nd Charge: Not Proven Of the 2nd Charge: Not Guilty

And do therefore acquit the accused Acting 2d Assistant Engineer Michael F. Rodgers of the USS Glide.

The Court then adjourned to meet tomorrow the 16th inst. at 10 1/2 AM L. C. Satori Commander, USN Presiding Officer NGCM

Acquittal approved J. S. Palmer Commodore Commanding W. G. S.

US Naval Headquarters No. 148 Canal Street New Orleans, La, 8th February 1865

By virtue of authority in me vested a Naval General Court Martial is hereby ordered to convene on board the USS Portsmouth, lying in the Mississippi River, off New Orleans, on the tenth day of February, one thousand eight hundred and sixty five, for the trial of Michael O'Connor, Private Marine of the USS Monongahela, and such others as may be legally brought before it. The Court will be composed of the following named officers as members, any five of whom are empowered to act, viz:

Commander Louis C. Satori Commander Thomas H. Stevens Lieut. Commander William M. Gamble Lieut. Commander Nathaniel Green Acting Vol. Lieutenant John A. Johnstone and Mr. George W. Reynolds is hereby appointed Judge Advocate

J. S. Palmer Commodore Commanding W. G. Squadron

Charges and specifications of Charges preferred by Commodore James S. Palmer, commanding the West Gulf Squadron, against Michael F. Rogers, an Acting Second Assistant Engineer in the US Navy, attached to the USS Glide.

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

Specification: In this, that on or about the twenty-third day of January, one thousand eight hundred and sixty five, the said Michael F. Rogers, an Acting Second Assistant Engineer in the US Navy, attached to the USS Glide, then lying in Berwick Bay, La., did make use of the expression "I will cut the guts out of any one who interferes with me from the Captain down." or words to that effect.

Charge Second: Conduct unbecoming an officer and a gentleman.

J. S. Palmer Commodore Comdg W. G. S.

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