United States vs. John Hagerty, Ordinary Seaman, USS Paul Jones

Previous to being attached to the USS Paul Jones, John Hagerty was aboard the USS Minnesota and was in the beachhead storming party at the Battle of Fort Fisher - the largest amphibious battle the United States participated in until Normandy seventy nine years later. The Navy then was very stingy with liberty and Hagerty appeared to have gone a bit stir-crazy being stuck aboard a ship for months at a time.

Per John Hagerty's pension application, he did appear to serve some time in the brig and was discharged from the Navy on 6 May 1867. Interestingly, Hagerty was deemed eligible for a Naval invalid pension - from a note in his pension paperwork:

"...inasmuch as it appears from the foregoing facts of record that the sentence of the court in Hagerty's case did not provide for a dishonorable discharge but merely for confinement and loss of pay, the Department is of the opinion that his discharge on May 6, 1867 was a proper one and that his service did not terminate in a dishonorable manner under his enlistment..."

I have not been able to determine so far what Hagerty did after the war, but he eventually ended up in the Old Soldier's Home in Hampton, Virginia for the last decade or so of his life due to his injuries from Ft Fisher and died 22 March 1918.

Record of the Proceedings of a Naval General Court Martial, convened on board of the US Ship Potomac, lying in Pensacola Bay, Florida on the third day of February, one thousand eight hundred and sixty six, by virtue of a precept dated on the first day of February, one thousand eight hundred and sixty six, and signed by Acting Rear Admiral H. K. Thatcher, commanding the Gulf Squadron, a copy of which is hereto appended and is marked A, the original being appended to the Record of the Proceedings in the case of Franklin Ellms, Acting Ensign, commanding the USS Cowslip and which in the words and figures following, viz:

Gulf Squadron US Flag Ship Estrella
Mobile Bay, Ala, February 1st, 1866

By virtue of authority in me vested an Naval General Court Martial is hereby ordered to convene on board of the US Ship Potomac, in Pensacola Bay, Florida, on the third day of February, one thousand eight hundred and sixty six, or as soon thereafter as practicable for the trial of Acting Ensign Franklin Ellms, commanding the USS Cowslip, and such other persons 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 John Madigan
Acting Volunteer Lieutenant Ezra Leonard
Acting Volunteer Lieutenant L. G. Vassalo
Acting Volunteer Lieutenant N. N. Dyer
Acting Master G. W. Floyde
Acting Master W. D. Maddocks and
Mr. Alexander S. Gibson is hereby appointed Judge Advocate

H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

To
Commander John Madigan
Senior Member of the
Naval General Court Martial
Pensacola Bay

and the following Warrant, a copy of which is hereto appended marked B, viz:

Gulf Squadron, US Flag Ship Estrella
Mobile Bay, February 1st, 1866

Sir
You will report to Commander John Madigan, Senior Member of a Naval General Court Martial, to be convened on board the USS Potomac, on the third instant at 10 o'clock A.M. as Judge Advocate of said court.

Very Respectfully
H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

Mr. Alexander S. Gibson
USS Potomac
Pensacola Bay

and the following letter, directing the trial of Acting Ensign Franklin Ellms and Acting Ensign Achilles Kalinksi, a copy of which is hereto appended marked C, viz:

Gulf Squadron, Flag Ship Estrella
Mobile Bay, February 1st, 1866

Sir
I enclose herewith the Precept of a Naval General Court Martial of which you are the Senior Member, for the trial of Acting Ensign Franklin Ellms, commanding the USS Cowslip and such other persons as may be legally brought before it.

Enclosed also are Charges and Specifications of Charges preferred against Acting Ensign Franklin Ellms and Acting Ensign Achilles Kalinski, who are to be tried.

Very Respectfully
H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

Commander John Madigan
Senior Member of the
Naval General Court Martial
Pensacola Bay

and the following letter, directing the trial of John Hagerty, Ordinary Seaman, which is hereto appended and is marked D, viz:

Gulf Squadron, Flag Ship Estrella
Mobile Bay, February 10th, 1866

Sir
I forward herewith Charge and Specification of Charge against John Hagerty, Ordinary Seaman, serving on board the USS Paul Jones, who will be tried for desertion by the Court now in session on board of the USS Potomac of which you are the senior member.

Very Respectfully
H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

Commander John Madigan
Senior Member of the
Naval General Court Martial now in session on board the USS Potomac
Pensacola Bay, Florida

US Ship Potomac
Pensacola Bay, Florida
12th February 1866

The Court met pursuant to the adjournment of Saturday the 10th instant. Present
Commander John Madigan
Acting Volunteer Lieutenant Ezra Leonard
Acting Volunteer Lieutenant L. G. Vassalo
Acting Volunteer Lieutenant N. N. Dyer
Acting Master G. W. Floyde, members
and Alexander S. Gibson, Judge Advocate

Acting Master W. D. Maddocks, having been ordered away on duty with the vessel under his command, did not attend.

The Court proceeded to try the case of John Hagerty, Ordinary Seaman, of the USS Paul Jones, who was brought into presence of the Court.

The precept convening the Court, a copy of which is hereto appended marked A, the original being appended to the Record of the Proceedings in the case of Acting Ensign Franklin Elms, lately commanding USS Cowslip, the warrant appointing Mr. Alexander S. Gibson Judge Advocate of the Court, a copy of which is hereto appended and marked B, and the letter directing the trial of John Hagerty, Ordinary Seaman, of the USS Paul Jones, hereto appended and marked D, were read aloud by the Judge Advocate.

The accused was then asked by the Judge Advocate if he had any objection to any member of the Court, or to the Court proceeding with his trial, to which he replied that he had not. He was further asked if he had been furnished with a copy of the Charge and Specification preferred against him, to with he replied yes.

The oaths prescribed by the twelfth article of an act entitled An Act for the Better Government of the Navy, approved July 17. 1862, were then administered by the Senior Member of the Court to the Judge Advocate, and by the Judge Advocate to the members of the Court severally in presence of the accused.

The accused was then asked if he desired to introduce any one to act as his Counsel, to which he replied no.

The Charge and Specification, hereto appended and marked E, were then read aloud by the Judge Advocate, as follows:

Gulf Squadron, US Flag Ship Estrella
Mobile Bay, February 10th, 1866

Charge and Specification of Charge preferred by Acting Rear Admiral H. K. Thatcher, Commanding Gulf Squadron, on the report of John Madigan, commanding US Steamer Paul Jones, against John Flagerty, Ordinary Seaman, serving on board the US Steamer Paul Jones.

Charge: Desertion

Specification: In this, that on or about the twenty-fourth day of January, one thousand eight hundred and sixty-six, the said John Flagery, ordinary Seaman, serving on board the US Steamer Paul Jones, the said steamer then lying off the City of Mobile, Alabama, did desert from one of the boats of the said Steamer and did not return to his vessel until brought back by the Police on the following day.

H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

The accused was then asked by the Judge Advocate as follows: "you have heard the reading of the Charge and Specification preferred against you; how say you, are you guilty or not guilty?"

Answer: not guilty

Charles Baker, Coxswain of the USS Paul Jones, was called as a witness on the part of the defense and duly sworn according to law, in presence of the accused.

Question by Judge Advocate: State to the COurt your name and rate and the vessel to which you belong?

Answer: Charles Baker, Coxswain, belonging to the USS Paul Jones.

The Specification of the Charge was read aloud to the witness.

Question by the Judge Advocate: State to the Court what you may know with regard to this Specification?

Answer: I was coxswain of the first cutter. She was on shore at the city of Mobile in the month of January, I do not remember the date. Hagerty, the accused, when there were orders given for us to shove off, he and a man named Flynn, who were bowsmen, shoved her off, dropped their boat hooks and ran up the wharf. That is the last I saw of them, we went back to the ship.

The accused having no questions to ask witness, and the Court and Judge Advocate having no more questions to ask him, his evidence was read over to him and acknowledged to by him to be correctly recorded, whereupon he was permitted to retire.

Warren Moore, Seaman, of the USS Paul Jones, was called as a witness for the prosecution and duly sworn, according to law, in presence of the accused.

Question by Judge Advocate: State to the Court your name and rate, and the vessel to which you belong?

Answer: Warren Moore, Seaman, belonging to the USS Paul Jones.

The Specification of the Charge was read aloud to the witness.

Question by the Judge Advocate: State to the Court what you may know with regard to this Specification?

Answer: I was in the first cutter at Mobile last month, I do not remember the date. John Hagery, and another man were bowsmen, and when the orders were given to push off the boat, Hagerty jumped out and ran up the street over the dock. The other man hauled the boat to a schooner which was lying there and he ran too. The officer of the boat called to Hagerty and the other to come back, but they did not come.

Acting Gunner James Nash was called as a witness on the part of the prosecution and duly sworn according to law in presence of the accused.

Question by the Judge Advocate: State to the Court your name and rank and the vessel to which you are attached?

Answer: James Nash, Acting Gunner, US Steamer Paul Jones.

The specification of the Charge was read aloud to the witness.

Question by the Judge Advocate: State to the Court what you many know in relation to this specification.

Answer: I was sent by the Executive Officer on the twenty-fifty day of January to the police station in Mobile, with the descriptive list of the accused, Hagerty and the man Flynn. On giving the descriptive list to the police officers, he told me that he thought he had one of our men; that he thought his name was Hagerty. About one hour and a half afterwards, the accused, John Hagerty, was delivered to me by the police officer at the boat at the landing. I gave him in charge to the officer of the boat - Mr. Jenks - he had charge of the Paul Jones' launch. He was returned by Mr. Jenks to his ship.

Question by the Court: Why was this descriptive list of the accused, Hagerty, sent to the police station in Mobile?

Answer: In order that he might be apprehended and a reward of twenty dollars was offered for him.

Cross-examined.

Question by the Accused: Was this reward paid to the policeman who arrested me?

Answer: Not in my presence, I know nothing about it.,I wish to state that the police officer handed me thirty five dollars which he said he had found on the accused, which I gave to the Executive Officer.

The accused having no more questions to ask the witness and the Court and Judge Advocate having no more questions to ask him, his evidence was read over to him and acknowledged to by him to be correctly recorded, whereupon he was permitted to retire.

The case on the part of the prosecution was hereupon closed and so announced by the Judge Advocate.

Acting Ensign William S. Dumont was called as a witness for the defense, and duly sworn, according to law, in presence of the accused.

Question by the Judge Advocate: State to the Court your name and rank and the vessel to which you are attached?

Answer: William S. Dumont, Acting Ensign, attached to USS Paul Jones.

Question by Accused: State to the Court what you may know with regard to my character while I have belonged to the Paul Jones?

Answer: The accused has belonged part of the time to my division while I had the first division, and I always found him dutiful and careful. I never had any trouble with him. He has never been punished to my recollection and I thought him to be a man of very good character, previous to the last offense.

Question by the Accused: State to the Court what opportunities I have had for deserting from the ship within the last few months; if I had been disposed to do so?

Answer: I do not know, but I suppose he had been on shore with the others when general liberty was given - about two months ago was the last time.

Cross-examined

Question by the Court: Did the accused generally perform duty on deck or on the berth deck?

Answer: The greater part of the time till lately he was on the berth deck as a cook. He was in the ship when I joined her about ten months ago. I do not think he has been on deck more than two months. It was for that reason I mentioned only the time he was in my division, in speaking of his character.

Question by the Court: Have you known of any deserters from US vessels to be arrested in the city of Mobile, at the instance of their commanding officers, after descriptive lists were sent to the police station and rewards offered for them? If so, how many?

Answer: I cannot recollect. my impression always was that the police in Mobile never caught any one.Some men have been arrested but I do not know whether on account of rewards being offered or not.

The accused said he had no further witnesses to call, and stated as follows:

I could have deserted if I had wanted to when I came home from Fort Fisher in the Minnesota, I was in the storming party at Fort Fisher and was wounded there. I had seven days liberty at Portsmouth, N.H., in the month of February 1865. I could have deserted in Mobile when I had liberty there, but did not. I left the boat mere to go on a spree, I intended to come back again after I had a good time; I was arrested by the police during the night. I had no intention to desert from the ship.

The Court was then cleared for deliberation and after a mature consideration of the evidence adduced, found as follows: viz.

That the Specification of the Charge is proved.

And the that the accused, John Hagerty, Ordinary Seaman, serving on board of the USS Paul Jones is guilty of the charge, viz, guilty of desertion.

And the Court do therefore sentence the said John Hagerty, Ordinary Seaman, serving on board of the USS Paul Jones, to be confined for the space for two years in any prison the Secretary of the Navy may designate, and to lose all pay which may become due during such confinement, amounting to three hundred and eighty four dollars.

Commander John Madigan
Acting Volunteer Lieutenant Ezra Leonard
Acting Volunteer Lieutenant L. G. Vassalo
Acting Volunteer Lieutenant N. N. Dyer
Acting Master G. W. Floyde
Alex. S. Gibson, Judge Advocate

Approved February 14th, 1866
H. K. Thatcher
A. R. Admiral

The Court adjourned to meet tomorrow at 10 o'clock AM

Commander John Madigan, Senior Member N.G.C.M.
Alex S. Gibson, Judge Advocate

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