United States vs. John Wilson, Acting 1st Asst. Engineer, USS Winnebago

John Wilson's "punishment" for what appears to have been bad blood between him and Chief Engineer Simon Schultice was being detached from the Winnebago and sent to the Antona on 25 January 1865 until he went on terminal leave effective 10 August 1865. Wilson sent a petition to SECNAV Welles after thetrial asking for a reconsideration of being busted down a rank along with a resignation that was declined. It appears his petition for restoration of his rank was granted since his pension application lists him as a Acting 1st Assistant Engineer rather than a 2nd Assistant Engineer. Wilson was honorably discharged from the Navy on 13 October 1865.

As somewhat of poetic justice, while aboard the Antona, Wilson was her CHENG.

The Winnebago was a double turreted monitor, the "Ericsson turret" referred to in these proceedings was the aft one.

US Ship Potomac
Pensacola Bay, Fla
10 AM January 4 1865

The Court met pursuant to adjournment of yesterday. Present all the members and the Judge Advocate.

The Court was called to order and proclaimed open, and proceeded to take up the case of John Wilson, an Acting First Assistant Engineer in the US Navy, attached to the US Iron Clad Steamer Winnebago.

The accused having been brought in, the precept for convening the Court was read. The accused was asked if he had any objection to any member of the Court. He answered that he had not.

The oath prescribed 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 in the accused.

The accused was asked by the Judge Advocate if he wished for Counsel to which he replied he did not.

He was also asked if he had been furnished with a copy of the charges and specifications. He said he had.

He was also asked if he was ready for trial, to which he replied that he was.

The Charges and specifications were then read aloud by the Judge Advocate, who said "Accused, you have heard the reading of the charges preferred against you, what say you, guilty or not guilty?" The accused plead not guilty of the two first charges and guilty of the third charge.

Simon Schultice, Acting Chief Engineer, USN, attached to the US Str. Winnebago, a witness on the part of the prosecution was called, and being duly sworn in presence of the accused, and the charges being read to him, deposed as follows.

Question by the Court: Will you state what you know of this case?

Answer: On the evening of December 10, 1864..." The evidence of the witness was here brought to a close by the discovery of a discrepancy of a serious nature in the charges and specifications. The court was cleared for deliberation, and it was decided to close the proceedings in this case for the present, to await the action of the revising power.

Ed. du Grand-vale
Judge Advocate

US Ship Potomac
Pensacola Bay, Fla
January 12, 1865 10 AM

The Court met pursuant to adjournment of yesterday. Present all the members and the Judge Advocate.

The Court then proceeded to take up the case of John Wilson, an Acting First Assistant Engineer in the US Navy, attached to the US Iron Clad Steamer Winnebago, postponed on the 4th instant, as per record hereto appended marked A.

The Court was called to order, declared open and the accused was brought in.

The Judge Advocate read the order convening the Court and which is in the following words and figures:

US Naval Headquarters
New Orleans, LA
December 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 second day of February, one thousand eight hundred and sixty five or as soon thereafter as practicable for the trial of John Wilson, an Acting First Assistant Engineer in the United States Navy, attached to the US Iron Clad Steamer Winnebago and such others as may be legally brought before it.

The Court will be composed of the following named officers, any five of which are empowered to act, viz:

Commander A. Gibson
Commander Wm. E. LeRoy
Lieut. Commander P. Abott
Lieut. Commander Henry Erben
Act. Chief Engineer James M. Adams
and Edmund du Grandval is hereby appointed Judge Advocate.
J. S. Palmer
Commodore, Comdg
W. G. B. Squadron

The Accused was asked by the Judge Advocate if he had any objection to any member of the Court. He answered that he had none. The oath prescribed by law was now 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 asked by the Judge Advocate if he had Counsel or wished for any, to which he replied in the negative.

He was also asked if he had been furnished with a copy of the charges and specifications. He said he had. Being asked if he was ready for trial, he said he was.

The Court being now duly organized, proceeded to trial.

The Charges and Specifications, of which is a copy, were read aloud by the Judge Advocate.

Charges and Specifications of Charges preferred by Commodore James S. Palmer, commanding the West Gulf Blockading Squadron, against John Wilson, an Acting First Assistant Engineer in the US Navy, attached to the US Iron Clad Steamer Winnebago.

Charge First: Culpable inefficiency in the performance of duty

Specification First: In this, that, on or about the tenth day of December, one thousand eight hundred and sixty four, the said John Wilson, an Acting First Assistant Engineer in the US Navy, attached to the US Iron Clad Steamer Winnebago, then lying in Mobile Bay, Ala, having been ordered to prepare the Ericsson turret of the said steamer for revolving, did report it ready for revolving, when as afterwards ascertained, it was not keyed up.

Specification Second: In this, that, on or about the tenth day of December, one thousand eight hundred and sixty four, the said John Wilson, an Acting First Assistant Engineer in the United States Navy, attached to the US Iron Clad Steamer Winnebago, then lying in Mobile Bay, Ala, having been ordered to key up the Ericsson turret of the said steamer, did report it as keyed up two inches, when, as was afterwards ascertained, it was keyed up only three quarters of an inch, or there about.

Charge Second: Falsehood

Charge Third: Treating with contempt his superior officer.

Specification: In this, that, on or about the twelfth day of December, one thousand eight hundred and sixty four, the said John Wilson, an Acting First Assistant Engineer in the United States Navy, attached to the US Iron Clad Steamer Winnebago, then lying in Mobile Bay, Ala., being engaged in working one of the turrets of the the said steamer, while Acting Chief Engineer Simon Schultice was below observing the action of the machinery, did tell the said Acting Engineer Schultice to see that nothing got hot, and when upon being answered by the said Chief Engineer Schultice "I am down here and will attend to it," or words to that effect, did reply "You need not get so damned hot" or words to that effect.

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

The Judge Advocate then said "Accused, you have heard the reading of the charges preferred against you. How say you, guilty or not guilty?" The accused answered "of the first and second charges, not guilty of the third charge guilty."

Simon Schultice, Acting Chief Engineer in the US Navy, attached to the US Steamer Winnebago, a witness for the prosecution, was called and being duly sworn in presence of the accused and the charges having been read to him, deposed as follows:

Question by the Court: Will you please state what you know in relation to the charges?

"On or about 3 PM of December 10th 1864, the accused reported to me that the turret was ready for keying up. I told him to go down and have it keyed up, or to see that it was keyed up, while I would superintend the putting up of a hydraulic jack on the outside of the turret.

In about 20 or 30 minutes after this, the accused reported to me that the turret was keyed up. I asked him if it was high enough. He said yes.

I then told him to remain below and turn on steam when I would give him the word. He done so. I ordered him to turn steam which he also did. I reversed the starting bar, back and forth after the steam had been turned on. Finding the turret did not move, I closed the openings of the cylinders. I then stepped to one side and asked accused in these words "How much did you key up this turret?" I asked him twice and he made no reply. I then requested the Executive Officer to ask the question "How much the turret was keyed up." He asked accused how much it was keyed up, when he replied in a loud tone "two inches." The Executive Officer also told me, passing the word from the accused, "two inches". I heard both the Executive Office and accused speak. I then examined the turret to ascertain what was the cause of it not turning, never doubting it was keyed up two inches, I did not look at the key. After throughly examining the base rings of the turret, I ascertained that the turret had either settled or was not keyed up, one of the two. I found something was wrong and concluded I would look at the key, when I found the turret was not keyed up over five eights (5/8) of an inch by measure. The accused came to me and asked me if I was not going to make a report of this. I told him I would, at a proper time.

On the 12th of December, I had the turret keyed up, and it revolved with ease. I would wish to add that the accused has been a source of trouble or annoyance in the ship. First in drinking and also in breaking out a cylinder-head."

There being no questions by the Court, the accused proceeded to cross-examine the witness.

Question by Accused: Was there not a board of survey appointed on that cylinder head? And if so, what was the report of that board?

Answer: I never heard any official decision by that Board. The members of the board told me privately that it was through neglect or inefficiency. Aft first they said it was done intentionally. One of the members told me, Dec 12th, that he did not see how the accused escaped punishment."

Question by Accused: Were you under the impression that the turret was raised two inches?

Answer: I was.

Question by Accused: Did you not have a case knife between the friction band and the frame of the turret?

Answer: No. But about twenty or thirty minutes after steam was shut off, I concluded I would take a case knife, and examine the base rings to see if the turret had settled. After going all around, I could not get the case knife to enter between the friction band and the base rings, I then looked at the key and discovered it was not keyed up two inches as reported, but only five eights of one inch.

Question by Accused: Did I not do all the repairs on the after turret (with one of the 3d Assistant Engineers) so that, after this occurrence, it worked with much more ease, with less steam than before?

Answer: You merely put it in its place, but you did not make it work any freer than it did before. A pinion which was not marked, which you put on you told me was in its proper place, but fearing it was not in its place, I took a rule and measured it and it lacked one inch and a half of being in the place in which it should have been. Had I moved the turret as it was, I would probably have broken all the machinery in it.

Question by Accused: Was not the turret revolved one third and back again before it could come in contact with the beam in the turret?

Answer: It was turned about three feet and back, this being the only alternative by which I would get at the pinion without taking down all the machinery. Had I taken the accused's word for its being right, without examination, I would have broken the machinery of the turret, because the turret weighs about one hundred tons and it is difficult to arrest its momentum.

The direct examination was here resumed by the Court.

Question by the Court: Please state to the court why the turret did not turn until the 12th when you found it would not turn on the 10th. What was the cause of the delay?

Answer: It was not keyed up and it was dark before we discovered it. The intervening day was Sunday when we did not work.

There being no further questions either by the Court or the accused, the testimony was read over to the witness, by him pronounced correct and he was permitted to retire.

There being no other witnesses present on the part of the prosecution, Acting Master A. S. Megathlin, Executive Officer of the USS Winnebago was called on the part of the defense, and being duly sworn, deposed as follows.

Question by the accused: What has been my reputation on board the Winnebago, as to my skill as a mechanic?

Answer: It was been very good.

Question by accused: What occurred on the 10th day of December, on the occasion of keying up the turret of the Winnebago.

Answer: After the turret was finished and reported ready for keying up, I was notified by Acting Chief Engineer Schultice. I asked him who was going to superintend the work. He said the accused. I told the officer of the deck to send down nine men to the accused, to assist in keying up the turret. Some time after (about an hour and a half) I went below and talked with accused about keying up the turret. He said the men were not used to it. I took a stick and marked the key, near the stop of the turret. Mr. Schultice was then in the turret above. I understood him to ask how much the turret was keyed. Mr. Wilson said "two inches." I then answered Mr. Schultice, repeating the words of the accused "about two inches." The key had been driven in about two inches in my presence. Mr. Schultice said that would do, he would try to revolve the turret. He went to the starting-bar and tried to revolve the turret but it did not revolve. He finally came below and the accused went to the starting bar, but the turret would not revolve. They did not try it further that night. On going on deck, I found a hydraulic pump braced against a stanchion hole in the deck and against the porthole in the turret, which was pointed aft at the time. That prevented the turret from revolving to the left, even if it would revolve at all. The pump was taken down, and the work postponed until the next day.

Question by accused: Did I not on a former occasion some months previously, without the knowledge of the Acting Chief Engineer, with the assistance of Mr. Monroe, in one day and night, cause a turret to revolve, which the Chief Engineer reported it would take five days to repair?

Answer: The accused and Mr. Monroe repaired the turret, whether unknown to the Chief Engineer or not I do not know, but the Chief Engineer gave you credit for doing it.

Question by the accused: Did you ever know me to be troublesome on the vessel, either through drunkenness, the use of liquor or inefficiently?

Answer: I never did.

Question by the Court: Did Mr. Schultice ask if the turret was raised two inches or the key driven two inches?

Answer: I did not understand which he meant. He asked "how much is the turret keyed" or something like that.

Question by the accused: Do you think a fireman could do the same work on the turret which I done?

Answer: In my opinion, we have none on board who could do it.

There being no further questions by the Court or accused, the testimony was read over to witness who declared it correct and he was permitted to retire.

The Court having been informed that a witness for the prosecution, Acting Ensign John Morrissey, Jr., attached to the USS Winnebago was present, he was called, and being sworn and the charges having been read to him, deposed as follows:

Question by the Court: What do you know of the charges against the accused?

Answer: I know nothing about them.

Question by the Accused: Did you ever know me to be troublesome on board, thought use of liquor or inefficiency or falsehood.

Answer: Not to my knowledge.

Question by Accused: What is my general reputation on board, as a mechanic?

Answer: You are supposed to be the best mechanic on board the ship.

There being no other questions to witness by either the Court or accused, the testimony was read over to witness by the Judge Advocate. Witness declared it correct and he was permitted to retire.

There being no other witnesses present, the Court was adjourned until tomorrow, the 13th instant, at 10 o'clock.

US Ship Potomac
Pensacola Bay, Jan. 13, 1865

The Court met pursuant to adjournment of yesterday. Present all the members and the Judge Advocate. The accused was also present. The court having been called to order, Acting Chief Engineer Simon Schultice was recalled and deposed as follows:

Question by the Court: Please state how much it requires that the key should be driven in to raise the turret two inches.

Answer: It requires the full extent of the key, which I have understood to be three and one half feet long.

There being no other questions by the Court or the accused, and the testimony having been read over to witness and by him pronounced correct, he was permitted to retire.

There being no other witnesses present, the Court was adjourned until tomorrow, 14th instant at 10 o'clock.

USS Potomac
Pensacola Bay, Fla
January 14, 1865 10 AM

The Court met pursuant to adjournment. Present all the members and the Judge Advocate. There being no witnesses present, the Court was adjourned until Monday the 16th instant, pending their arrival.

USS Potomac
Pensacola Bay, Fla
January 16, 1865 10 AM

The Court met pursuant to adjournment. Present all the members and the Judge Advocate. The Court there adjourned until tomorrow 17th instant, owing to the non-arrival of witnesses.

USS Potomac
Pensacola Bay, Fla
January 17, 1865 10 AM

The Court met pursuant to adjournment. Present all the members and the Judge Advocate. The accused was also present. The Court was called to order and proclaimed open.

John Purdy, 1st Assistant Engineer in the US Navy, attached to the USS Milwaukee, a witness for the defense was called, and being duly sworn, deposed as follows:

Question by the Accused: Were you on board the Winnebago at the time of the passage of the Forts, August 5th?

Answer: I was.

Question by accused: What is my reputation on board the Winnebago as a mechanic?

Answer: Your reputation is very good. You have the reputation of being the best mechanic on board the ship.

Question by the accused: Have you ever known me to be bothersome on board, through inefficiency, the use of liquors or otherwise?

Answer: I never did.

Answer: What is your own opinion of my efficiency as an engineer?

Answer: It is my opinion that you were the most competent engineer on board the ship.

The accused having no other questions to ask the witness, the Court proceeded to a cross-examination.

Question by the Court: State whether or not the Chief Engineer gave any order to keep the steam in the boilers at 110 pounds to the square inch?

Answer: Yes, I was in the forward turret at the time he passed the order.

Question by the Court: Did you ever see the steam gauge indicate 140 to 140 lbs in face of the previous order not to allow steam to raise so high.

Answer: No.

Question by the Court: Did you ever say to the Chief Engineer while you were in the turret that you feared the accused would blow the vessel up or words to that effect?

Answer: I do not remember to have ever said anything of the kind.

There being no other questions by either the court or accused, the testimony was read over to witness, by him pronounced correct and he was permitted to retire.

There being no other witnesses in the case, the Court was adjourned until tomorrow, Wednesday morning 18th instant at 10 o'clock.

USS Potomac
Pensacola Bay, Fla
January 18th 1865

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

The accused asked and received permission to present his written defense to the charges preferred against him. His statement was read aloud by the Judge Advocate.

The statements of the parties being thus in possession of the Court, the Court was cleared for deliberation, and after mature consideration of the evidence adduced, do find the accused, John Wilson, Acting First Assistant Engineer in the US Navy, attached to the US Steamer Winnebago:

Of the First Charge: Not Guilty
Of the First Specification of First Charge: Not Proven
Of the Second Specification of First Charge: Not Proven

Of the Second Charge: Guilty
Of the First Specification of Second Charge: Proven
Of the Second Specification of Second Charge: Proven

Of the Third Charge: Guilty by plea of guilty
Of the Specification of third Charge: Proven by plea of guilty

And the Court do sentence the accused, John Wilson, to be reduced to the rank of Acting Second Assistant Engineer, to the loss of three months pay and to be detached from the USS Winnebago. This sentence to be read on the quarter deck of all the vessels in the W. G. B. Squadron at general muster.

A. Gibson, Commander and Senior Member
Wm. E. LeRoy
T. Abott, Lt. Commander
Henry Erben , Lt. Commander
James M. Adams, Acting Chief Engineer

Approved
J. S. Palmer
Commodore

The Court having disposed of all the cases before it, adjourned sine die in obedience to the order of Commodore J. S. Palmer, Commanding W. G. B. Squadron, which is as follows

US Flag Ship A. Dinsmore
Pensacola Bay, Jan'y 1865

Sir There being no more cases before the Court Martial of which you are the senior member, the Court is hereby dissolved.

J. S. Palmer
Commodore, Comd'g W. G. B. Squadron

Commander A. Gibson

US Ship Potomac
Pensacola Bay, Fla
January 17, 1865

Gentlemen

Being called on for my defense to the charges preferred against me by Commodore J. S. Palmer, I propose to do so as briefly as possible.

My confidence in the intelligence and justice of the tribunal before which I have been tried, induces me to waive much which I might say. The first charge against me is "culpable inefficiency in the performance of duty." That my inefficiency has been totally disproved is evident from the following facts.

In answer to my question to the Executive Officer of the Winnebago, he swears that my reputation as a mechanic is "very good." He also states that some three months ago, I, with the assistance of Mr. Monroe, repaired a turret, in one day and night, which the Chief Engineer had reported it would take five days to repair. I submit that this is not inefficiency.

A witness for the prosecution, Acting Ensign John Morrissey, Jr., deposed as follows "You are supposed to be the best mechanic on board the ship."

This is not from my witness, who might perchance be favorably deposed toward me, but from an officer brought hither by my accusers.

The most empathic contradiction of the first charge is in the testimony of 1st Assistant Engineer John Purdy, of the USS Milwaukee, a regular officer of experience, who says to the Court "It is my opinion that you are the most competent engineer on board the ship." If the testimony of these gentlemen be not sufficient to establish my ability as an Engineer, and my skill as a mechanic, it were vain to attempt to prove anything.

There is no evidence to sustain the charge, except that of Acting Chief Engineer Schultice, and even that, despite its malignity, fails. To be brief, I will but say that the testimony of an Acting Chief Engineer of a vessel who does not know, according to his own testimony, whether the key to the turret be three and a half feet or six feet long, is not much to be depended on in a question of inefficiency. Permit me to repeat his words, in answer to the following question by the Court.

Please state how much it requires that the key should be driven to raise the turret two inches. Answer: It requires the full extent of the key, which I have understood to be 3 1/2 feet long.

The key is six feet in length. Is it not possible that the Chief Engineer understands just a little less about my "efficiency" than he would appear to?

On this charge, I think it unnecessary to say more. The weight of skillful, unbiased officers is in my favor as I was certain it must be.

The second charge is that of falsehood, an accusation so degrading and so loathsome to me, that I must emphatically repel it. My honor requires that I should use every exertion to establish my innocence, in order that I may leave this Court with a clean record, and feel myself worthy being being called an officer and a gentleman. If I have been guilty of falsehood, then the Executive Officer of the Winnebago (who was near me at the time I said the turret was keyed up two inches) must have sworn to an untruth before this court. This gentleman states that he "marked the key, and it was driven two inches in his presence." I did not mean that the turret was raised two inches, but that they key was driven two inches. Mr. Schultice says that to raise the turret two inches, the key must be driven its whole length. Had this witness "understood" as much about the key as he might, he would have known that it is simply and purely impossible to drive the key its whole length, there being obstructions to prevent it, the obstruction being a solid cast iron frame for the step of the turret, which prevents the key being driven home by at least eight or nine inches.

Yet Mr. Schultice says he positively thought the turret was raised two inches, when, if he knew anything about its construction, he would have seen how utterly impossible it was to do so.

I would as soon think of telling the members of this Court, that I could stop the course of the sun, with the expectation of being believed, as I would to tell Mr. Schultice that I had raised the turret as he claims. One story is as probable as the other.

Should any further proof be wanted of my efficiency and of the estimation in which I was held by Mr. Schultice himself, I would state that he was one of the Board of Examination which signed the papers which established my qualifications as an engineer. Had I had been incompetent, he certainly would not in the first place have signed the papers, neither would he have applied for my services under him.

Of the last charge, I have plead guilty, and on that charge I have not one word to say, but of the other two, I can not, even now, find that I am in the least degree to blame.

I rely, in closing my defense, implicitly, on your judgment and your sense of justice. Were I guilty of the second charge, I would desire to flee the haunts of man, and in solitude, endeavor to atone for my disgrace. Conscious of innocence, I again assert it, fully trusting for "truth is mighty and will prevail"

I am gentlemen
Very respectfully
Your Obedient Servant

[Return to Courts Martial and Courts of Inquiry index]