United States vs. Acting Master's Mate Thomas Flood, USS Portsmouth

Thomas S. Flood was promoted to Master's Mate on 10 December 1864. As a result of this trial, he was dismissed from the Navy effective 24 July 1865. This Thomas Flood is not the same Thomas Flood of the USS Pensacola who was a Medal of Honor recipient and promoted to Midshipman for his actions.

Record of the Proceedings of a Naval General Court Martial convened on board the USS Portsmouth off New Orleans, La, on the 30th day of May 1865.

USS Portsmouth
Off New Orleans
May 30th, 1865

The Court met pursuant to Precept (appended and marked A). Present:

Lieut. Commander Samuel R. Franklin
Lieut. Commander Joseph S. Skerritt
Lieut. Commander. L. G. Maxwell
Acting Volunteer Lieutenant Nicholas Kirby
Acting Volunteer Lieutenant Felix McCurley
Acting Volunteer Lieutenant Frederick S. Gover
and G. W. Reynolds, Judge Advocate

The Court then proceeded to the trial of Acting Master's Mate Thomas Flood, USN, attached to the USS Portsmouth, who being called into Court and having heard the precept read, was asked if he had any objection to any member of the court, to which he replied that "he had no objections."

The Judge Advocate was duly sworn by the Presiding Member 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 charge and was ready for trial to which he replied affirmatively and stated "he desired no counsel."

"Acting Master's Mate Thomas Flood, USN, attached to the USS Portsmouth you have heard the charges and specifications preferred against you, how say you, guilty or not guilty?"

To which accused pleaded "guilty".

Accused here asked the indulgence of the Court that sufficient time might be allowed him to prepare a written statement in his behalf, which request was granted and the Court adjourned to meet tomorrow, Wednesday the 31st instant at 10 AM.

USS Portsmouth
Off New Orleans, La
May 31st, 1865

The Court met pursuant to adjournment of yesterday. Present.

The proceedings of yesterday were read and approved.

The accused having come into Court presented a written statement [appended and marked C] which was read, at his request, by the Judge Advocate to the Court.

The Court was cleared for deliberation, and after mature consideration of the plea entered, do confirm said plea, and do therefor sentence him, the said Thomas Flood, Acting Master's Mate, USN

"To be dishonorably dismissed the Naval Service."

The Court then adjourned to meet tomorrow the 1st of June 1865 at 10 AM.
L. R. Franklin
G. W. Reynolds

Approved
H.K. Thatcher
A. R. Admiral

By virtue of authority in me vested, a Naval General Court Martial is hereby ordered to convene on board of the US Ship Portsmouth in the Mississippi River, off the City of New Orleans, Louisiana, on the thirtieth day of May, one thousand eight hundred and sixty five, or as soon thereafter as practicable for the trial of Thomas Flood, Acting Master's Mate of the US Navy, attached to the US Ship Portsmouth, and such others as may 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:

and G. W. Reynolds is hereby appointed Judge Advocate

H. K. Thatcher
Acting Rear Admiral
Commanding West Gulf Squadron

Charges and Specification of Charges preferred by Acting Rear Admiral Henry K. Thatcher, Commanding West Gulf Squadron, against Thomas Flood, Acting Master's Mate of the US Navy, attached to the US Ship Portsmouth

Charge: Scandalous conduct tending to the destruction of good moral.

Specification: In this, that on or about the tenth day of May, one thousand eight hundred and sixty five, Thomas Flood, Acting Master's Mate of the US Navy, attached to the US Ship Portsmouth, then lying off New Orleans, Louisiana, did obtain from one H. B. Duborca, a prisoner of war on board of the said ship, a twenty dollar gold piece, stating, that he, Flood, could get for him Duborca, thirty dollars in greenbacks in exchange but the said Thomas Flood, Acting Master's Mate, instead of doing so, appropriated the said money to his own use.

H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

Witness:
A. V. Lt. Frederick Gover, Executive Officer

USS Portsmouth
Off New Orleans
May 31st, 1865

Statement in explanation of charges and specifications brought against me, Thomas Flood, by a general Court Martial convened on board of the USS Portsmouth off New Orleans, May 30th, 1865

That on or about the tenth day of May 1865, I obtained from A. B. Duborca, a $20 gold piece with the intention of getting it changed to the equivalent amount in Treasury Notes.

But on going on shore, I did through carelessness on my part allow another person to obtain possession of the same and did not recover it before returning on board of the Ship. That I did not go ashore to obtain the piece of gold supposing it to be secure as if I had possession of it myself and fully expected on going ashore again to obtain it and return it to the owner or else return him the change for it.

I solemnly declare that I had no intention of defrauding A. B. Duborca of his money and on finding he was about to leave, I did promise him with the full intention of doing so, that I would as soon as possible transfer by mail the required amount in Treasury Notes.

I would respectfully request the Court to know that I would not run the risk of my loosing my position and being disgraced for the paltry sum of twenty dollars.

I present this as my defense leaving myself at the mercy of the court with the knowledge that my fault was unintentional.

Respectfully submitted
Thomas Flood
Acting Master's Mate

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