United States vs. Bernard Kenney, Landsman, USS Chocura

Kenney's rendezvous index card shows that he was discharged from the Navy on 1 March 1867 at Boston. Whether he actually served time in the brig is unknown.

Record of the Proceedings of a Naval General Court Martial convened on board of the USS Potomac, Pensacola Bay, Fla, by virtue of the precept of Acting Rear Admiral H. K. Thatcher, commanding the Gulf Squadron, dated March 27th, 1866, in the case of Bernard Kenney, Landsman, serving on board the USS Chocura.

USS Potomac
March 30, 1866
10 o'clock AM

The Court met pursuant to adjournment of yesterday. Present:
Captain John De Camp
Acting Volunteer Lieutenant N. D. Wrann
Acting Volunteer Lieutenancy L. G. Vasalla
Acting Volunteer Lieutenant T. McCaluey
Acting Volunteer Lieutenant N. M. Dyer
Acting Master John Ross
Acting Master N. D. Maddocks
Assistant Surgeon F. M. Dearbourn, Judge Advocate

The Court having concluded the case of Frederick Page, Seaman, proceeded to the trial of Bernard Kenney, Landsman, serving on board of the USS Chocura

The accused, Bearnard Kenney, Landsman, also being present.

The precept convening the Court and the warrant of the Judge Advocate, a copy of which is hereto appended, marked B, were read aloud by the Judge Advocate, in the presence of the accused.

The accused was asked by the Judge Advocate if he had any objection to any member, to which he replied that he had no objection.

The Judge Advocate was then duly sworn by the Senior Member of the Court, and the Court was duly sworn by the Judge Advocate in the presence of the accused.

The accused was asked by the Judge Advocate if he had received a copy of the charge and specification preferred against him to which he replied yes.

He was then asked by the Judge Advocate if he desired to introduce counsel.

The accused stated that he did not desire to introduce counsel.

The letter of advice to the Senior Member of the Court, hereto appended, marked C, and the charge and specification, hereto appended marked D, were the read aloud by the Judge Advocate.

The accused was asked by the Judge Advocate, "You have heard the charge and specification preferred against you, how say you guilty or not guilty?"

To which the accused, Bernard Kenney, pleaded "not guilty."

Acting Ensign J. T. Bowling, a witness on the part of the prosecution, was then duly sworn by the Senior Member, in the presence of the accused.

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

Answer: Acting Ensign James T. Bowling, attached to the USS Chocura.

The charge and specification were read aloud by the Judge Advocate.

Question by Judge Advocate: State what you know in this matter.

Answer: On the evening of the 4th, I had charge of the deck, when Bernard Kenney came on board, and when he came on board, I sent him forward. I knew that he was intoxicated, but as he came on board quietly, I sent him forward. Then minutes afterwards, I received an order from Lieutenant McCurley to have him put in irons. I sent for the Master-at-Arms, and gave him the order to put him in irons. Ten minutes afterwards, I heard a noise forward and I went forward to see what was the cause of disturbance. I found Bernard Kenny on deck on his back and using hands and feet to keep everyone away from him. I called the Captain of the Forecastle and Gunner's Mate to assist the Master-at-Arms in putting irons on. After some difficulty we put hand irons on, and got him on his feet, when seeing me, he raised his hands as if to strike, when he was seized from behind. At the same time he used the most provoking and insulting language. Some of the words he used where sons of whores, brass buttoned sons of bitches and words to that effect. He also said that if he caught any brass buttoned son of a bitch on shore, he would have revenge.

Question by Judge Advocate: When, and where did this occur?

Answer: On board the USS Chocura, March 4th, 1866 in the harbor off Key West.

Question by Court: Did the accused kick or strike any one while being placed in irons?

Answer: He kicked one of the men over. I do not know which man it was.

Question by Court: Did the accused call you a son of a whore, and did he say that all the officers were such, and that when he met them on shore, he would have revenge?

Answer: Yes.

The Court and Judge Advocate having no further questions to ask the witness, an opportunity was given the accused to cross examine him.

The accused stated that he had no questions to ask.

His testimony having been read over to the witness, and having been admitted by him to be correct, he was permitted to retire.

Edward Baker, Master-at-Arms, a witness on the part of the prosecution, was then duly sworn by the Senior Member of the Court, in the presence of the accused.

Question by Judge Advocate: State your name, rate and vessel to which you are attached.

Answer: Edward Baker, Master-at-Arms, attached to USS Chocura.

The charge and the specification were then read aloud by the Judge Advocate.

Question by Judge Advocate: What do you know about this matter.

Answer: I was sent for by the Officer of the Deck on the evening of March 4th and ordered to place irons on Bernard Kenney when I came on deck to put him in irons, he refused to have them on, and threatened and struck at me. I asked the Gunner's Mate to lend me assistance. He came and both were unable to place him in irons. The officer of the deck came and demanded him to have them put on. He threatened him also in the same manner he had me. I placed his hand irons on, after getting more assistance from the crew standing hear and I tried to place feet irons on. I found they were rusty and while I went below for another pair of irons, the man liberated himself and I found him in a fighting mood. Three or four of us seized him. The officer of the deck ordered him to be placed below. After I had placed him on the berth deck, he made a great deal of noise. I was called aft and told by the Captain to place him in the hold. While putting him in the hold, he kicked and struggled.

Question by Judge Advocate: Did he use insulting language to the officer of the deck?

Answer: He did call him a brass buttoned son of a something.

Question by Court: Why did you not take the accused below before putting him in double irons on the spar deck.

Answer: I generally put prisoners in irons, at the mast and report them there, unless orders are given otherwise.

Question by Court: By putting a man in double irons on the spar deck, is it not almost impossible for him to get below, especially if he is drunk?

Answer: If the man is able to walk, he can go down the ladder. Those too drunk are carried down.

Question by Court: Did the accused, Bernard Kenney, strike any one while being placed in irons, and if so, whom did he strike or kick?

Answer: He struck and kicked me. I cannot say that he struck any one else.

The Court and Judge Advocate having no more questions to ask the witness, an opportunity was given the accused to cross-examine him.

The accused stated that he had no questions to ask.

The testimony of the witness having been read over to him and having been admitted by him to be correct, he was permitted to retire.

The Judge Advocate stated that the prosecution was closed.

The accused was asked by the Judge Advocate if he desired to call any witnesses. He stated that he did not desire to call any witnesses.

The accused was asked by the Judge Advocate if he had any defense to make. He answer that he had.

The court took a recess at 12 o'clock PM to enable the accused to prepare his final defense. The Court met again at 1 o'clock PM when the defense of the accused, hereto appended marked E, was read aloud by the Judge Advocate.

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, find the accused, Bernard Kenney, Landsman, as follows:

Of the Specification: Proved
Of the Charge: Guilty

And the Court do therefore sentence the accused, Bernard Kenney, Landsman: To be confined for two years in such prison as the Honorable Secretary of the Navy may designate; to forfeit all pay that may become due during the term of his imprisonment, amounting to three hundred and thirty-six dollars ($336) and to be dishonorably discharged from the Naval Service at the expiration of his term of imprisonment.

Captain John De Camp
Acting Volunteer Lieutenant N. D. Wrann
Acting Volunteer Lieutenancy L. G. Vasalla
Acting Volunteer Lieutenant T. McCaluey
Acting Volunteer Lieutenant N. M. Dyer
Acting Master John Ross
Acting Master N. D. Maddocks
Assistant Surgeon F. M. Dearbourn, Judge Advocate

The Court adjourned at 1:20 o'clock PM to meet again tomorrow, March 31 1866 at 10 o'clock AM.
John DeCamp
Captain, USN
Senior Member

Approved March 31st, 1866
H. K. Thatcher, A.R.Admiral

Copy A

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay
March 27, 1866

By virtue of authority in me vested, a Naval General Court Martial is hereby ordered to convene on board of the US Ship Potomac in Pensacola Bay, Florida, on the twenty ninth day of March, one thousand eight hundred and sixty-six, or a soon thereafter as practicable for the trial of Edward Lee, Landsman, serving on board of the United States Ship Potomac and such other persons 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:

H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

To
Captain John De Camp
Senior Member of the Naval General Court Martial
to be convened on board
US Ship Potomac
Pensacola Bay, Florida

Copy B

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay
March 27th, 1866

Sir
You will report to Captain John DeCamp, Senior Member of the Naval General Court Martial to be convened on board of the US Ship Potomac on the 29th instant, at 10 o'clock AM as Judge Advocate of the said Court.

Very Respectfully
H. K. Thatcher
A. R. Admiral

Assistant Surgeon
F.M. Dearborne, USN
USS Estrella
Pensacola Bay, Florida

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay, Fla
March 29, 1866

Sir
Enclosed are Charges and Specification against Bernard Kenney, Landsman, serving on board of the USS Chocura who will be tried by the Naval General Court Martial of which you are the Senior Member.

Very Respectfully
H. K. Thatcher
A. R. Admiral

Captain John DeCamp
Senior Member of the Naval General Court Martial
convened on board of the
USS Potomac
Pensacola Bay, Florida

Gulf Squadron
Flag Ship Estrella
Pensacola Bay, Fla.
March 27th, 1866

Charge and Specification of Charge Preferred by Acting Rear Admiral H. K. Thatcher, Commanding Gulf Squadron, on the report of Lieutenant Commander A. R. Yates, against Bernard Kenney, Landsman, serving on board of the United States Steamer Chocura.

Charge: Treating with contempt his superior officer and being disrespectfully to him in language and deportment in the execution of the duties of his office.

Specification: In this, that on or about the fourth day of March, one thousand eight hundred and sixty six, the said Bernard Kenney, Landsman, serving on board the United States Steamer Chocura, then lying in Key West harbor, Florida, having had permission to go ashore until evening, did return on board in a state of intoxication, and did resist with violence the master at arms who was attempting to place him, Bernard Kenney, in irons and when Acting Ensign J. T. Bowling, the officer of the deck, approached the said Bernard Kenney did make a motion with his hands as if to strike his superior officer, Acting Ensign J. T. Bowling and at the same time did call him, Acting Ensign Bowling, a "brass buttoned son of a whore" and did further say "all the officers are such and when I meet any of the brass buttoned sons of bitches ashore I'll have my revenge" or words to that effect.

H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

Witnesses
Acting Ensign J. T. Bowling
Master at Arms Edward Baker
Gunner's Mate Hugh McPherson

I was drunk at the time I was charged with these offenses and I do not remember committing any of them.

I remember nothing until the next morning. I was put in irons the next morning.

A week after yesterday I was released from irons by order of Lieutenant McCurley and told to go to duty. He said that I should have another chance. The master at arms and others heard him say so. I did my duty until Sunday noon, and then the Captain sent for me and told me he would put me in irons, and i have been there ever since.

Bernard Kenney