Naval Court of Inquiry into the death of James Conlan, Seaman of the USS Pampero
In the civilian world of that time, North or South, a black man would not have been able to walk away alive from accidentally causing the death of a white man but in this case James Dixon did walk away from the Court of Inquiry with no charges recommended. Farragut's letter to SECNAV Welles asking for instructions will explain further why Dixon remained a free man.
James Dixon was a former slave who was likely held on a plantation somewhere in Plaquemines Parish near Pilot Town judging by the notation in the USS Pampero muster log of where he was received from. Dixon had escaped to the Federal fleet when the opportunity presented itself and enlisted in the Navy aboard the USS Pampero as a landsman on 1 September 1862. He remained in the Navy until he was discharged at New Orleans at the end of his enlistment contract on 4 September 1864.
Flag Ship Tennessee
Off New Orleans, April 4, 1864
By virtue of authority in me vested a Naval Court of Inquiry is hereby ordered to convene on board the US Ship Octorara off New Orleans on the fifth day of April, one thousand eight hundred and sixty four, or as soon thereafter as practicable for the purpose of inquiring into all the circumstances connected with the death of James Conlan, Seaman, lately serving on board the US Ship Pampero, which occurred on that vessel, on or about the twenty-seventh day of February last, in a struggle between him and James Dixon, landsman, also of the Pampero.
The Court will state the facts and give its opinion.
The Court will be composed of the following named officers, viz:
Lieut. Comdr W. W. Low
Lieut. Comdr. Jos. S. Sherrett
{rest of order convening the court missing}
US Ship Octorara
10 1/2 o'clock AM, off New Orleans
April 6, 1864
The Court met pursuant to the above order.
Present
Lieutenant Commander W. W. Low
Lieutenant Commander J. S. Sherrett
Lieutenant R. Prentiss
A. A. Paymaster E. St. Clair-Clark, Judge Advocate
James Dixon, Landsman, the accused also present.
The Judge Advocate having read the order convening the Court asked the accused James Dixon, Landsman, if he had any objection to any member of the Court named therein, to which he replied in the negative.
The Court was then duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the Presiding Officer of the Court in presence of the accused.
The accused here asked to be allowed counsel and requested that A. A. Paymaster E. S. Wheeler of the USS Pampero be permitted to act and as he could not be found the Court adjourned until 10 o'clock AM tomorrow the seventh day of April one thousand eight hundred and sixty four to allow time for his attendance.
11 1/2 AM, April 7, 1864
The Court met pursuant to adjournment
Present
Lieutenant Commander W. W. Low
Lieutenant Commander J. S. Sherrett
Lieutenant R. Prentiss
A. A. Paymaster E. St. Clair-Clark, Judge Advocate
James Dixon, Landsman, the accused also his counsel, A. A. Paymaster E. S. Wheeler
The proceedings of yesterday were read over and being approved, Acting Assistant Surgeon J. W. Langley, a witness on the part of the Government was duly sworn.
Question by Judge Advocate: Do you know anything in relation to the occurrence which took place on board the USS Pampero on the date named in the order for convening this court just read to you, if so please state to the Court all that you know.
Answer: I know nothing except as to the appearance of the man whom I saw lying on the deck apparently lifeless. All efforts at resuscitation were unavailing. He had several black and blue marks over the eyes as though he had been severely struck. I was not called upon as medical officer of the vessel until after the man was knocked down. He had no evidence that evening of fracture of the skull but on the following matter it was evidenced by the escape of cerebral matter.
Question by the Court: Did you make an examination at the time you first saw the man after the accident for any injury of the skull, and what in your opinion was the cause of the death of the injured man?
Answer: I did make such examination at the time of injury. In my opinion his death was caused by falling upon the deck in consequence of the blow which he had received.
Question by the Court: Please stat the seat and extent of the injury found on the head of deceased.
Answer: The only evidence of fracture was indicated by the escape of cerebral matter from the nose. The external table of the skull was not fractured therefor the injury must have been internal. There was no evidence of any other injury which could have caused death.
Cross Examined by the Accused
Question by Counsel: On subsequence examination did you find the fracture such as would be caused by a blow the mark of which you say you saw over the eye?
Answer: Such a fracture might have been cause by the blow of the fist received over the eye, but it is extremely improbable.
There being no more questions to be asked, the evidence of this witness was read over to him and being correct he was allowed to leave - and
Joseph Tuck, Seaman, a witness on the part of the Government was duly sworn.
Question by Judge Advocate: Were you on board the USS Pampero on or about the 27th day of February 1864?
Answer: I was.
Question by Judge Advocate: Do you know of any difficulty taking place between James Dixon and James Conlan, if so state what you know.
Answer: I was standing on the forecastle when they had the words. James Conlan was leaning on a 20lb rifle gun on the port side of the forecastle. He was playing with Henry Smith. James Dixon said get out of that you damned of Irish son of a bitch, I will let you know I am master of her. James Conlan then said ah how long is it since you could put on airs. Conlan then left the forecastle and went to the port-gangway and walked for and aft and I also left the forecastle and went to the port gangway to speak to Curtis. The next thing I saw about ten or fifteen minutes afterwards was Dixon coming along the port gangway. Conland then said it is very curious you should blackguard an old man like me for you know I never gave you any occasion for it. Dixon then said kiss my ass you damned old Irish bastard, if you don't like it you can do the other thing. Conlan then turned around to strike Dixon but he was too late for Dixon had his left arm round Conlan's neck. Next I saw them between the foretopmast-staysail halyards and fore topsail halyards, Conlan with his back against the rail and Dixon was then punching Conlan in the face. Next I saw Dixon strike Conlan in the pit of the stomach and twice on the body. Next I saw Conlan showing his hands up and trying to get his wind and then I saw him (Conlan) lying on the Deck. I saw them both fall, they fell together but the fall would not have hurt a child. I said to him (Conlan) why don't you get up. Just as I picked up up water flew from him as was blood. The man was then stiff and turning blue in the face. I then sung out for the doctor and also that the man was dead.
Cross Examined by the Accused.
Question by Counsel: How was it that you did not attempt to relieve Conlan when you saw him so hard pressed?
Answer: I was only one among many. There were four other negroes beside the accused and only two white men, and I was afraid if I attempted to interfere they all would have joined in and brought on a general fight.
There being no further questions to ask this witness his testimony was read over to him and being approved, he was allowed to retire.
William Godfry, ordinary Seaman, a witness on the part of the Government was duly sworn.
Question by Judge Advocate: Were you on board the USS Pampero on or about the 27th day of February, 1864?
Answer: I was.
Question by Judge Advocate: Do you know of any difficulty taking place between James Dixon and James Conlan, if so state what you know?
Answer: I do. I was on the forecastle and the difficulty commenced over a rifle gun. James Dixon told Conlan to get off that gun you old son of a bitch. He say I'll let you know I am captain of that gun. THere was no more difficulty between them on the forecastle. James Conlan then went to the galley, lit his pipe and was smoking in the gangway. He says to James Dixon I did not think you would blackguard an old man like that. James Dixon says to him kiss my ass you Irish son of a bitch and if you don't like it help yourself. James Conlan turned round to strike Dixon but did not get a change to strike him for Dixon drew his arm round Conlan's neck and struck him in the stomach and jammed Conlan's back up against the pin rail and struck him in the stomach again. Then he took his feet from under him (Conlan) and struck him as he was falling. He struck him (Conlan) again after he was on the deck. James Conlan was picked up and carried into the sick bay.
Question by the Court: When Conlan fell what was Dixon's position?
Answer: Standing over him.
Question by the Court: Do you think Dixon seized Conlan about the neck as a means of defending himself from the blow you say that Conlan attempted to strike Dixon?
Answer: I do.
Question by the Court: In falling how did Conlan strike the deck, heavily or not?
Answer: He struck heavily on his shoulders first.
Cross examined by the accused.
Question by Counsel: Where were you when the struggle took place in the gangway?
Answer: On the edge of the forecastle about fifteen feet off.
Question by Counsel: Did not his head strike heavily against the water board?
Answer: No, it did not.
There being no more questions to ask this witness his testimony was read over to him and being approved he was allowed to retire.
The accused here asked leave to introduce a witness and the Court was cleared for deliberation and it was decided to allow the request and also that Robert Curtis, a seaman on board the USS Pampero be summoned before the Court. The Judge Advocate addressed a letter to Lt. Comdr J. R. Franklin requesting him to direct the attendance of Robert Curtis and Gilbert Cussen, 2nd Class Boy, and the Court adjourned until 10 o'clock am on the 8th day of April 1864.
11 1/2 o'clock AM, April 8, 1864
The Court met pursuant to adjournment
Present
Lieutenant Commander W. W. Low
Lieutenant Commander J. S. Sherrett
Lieutenant R. Prentiss
A. A. Paymaster E. St. Clair-Clark, Judge Advocate
James Dixon, Landsman, the accused also his counsel, A. A. Paymaster E. S. Wheeler
The proceedings of yesterday were read over and found to be correct.
The witnesses necessary for the continuance of case not having arrived the Court adjourned to meet at 10 o'clock AM on the 9th day of April, 1864.
10 1/2 o'clock AM, April 9, 1864
The Court met pursuant to adjournment
Present
Lieutenant Commander W. W. Low
Lieutenant Commander J. S. Sherrett
Lieutenant R. Prentiss
A. A. Paymaster E. St. Clair-Clark, Judge Advocate
James Dixon, Landsman, the accused also his counsel, A. A. Paymaster E. S. Wheeler
The proceedings of yesterday were read over and found to be correct.
The witnesses necessary for the continuance of the case being still absent, the Court adjourned to meet on Monday at 10 o'clock AM, the 11th day of April, 1864.
10 1/2 o'clock AM, April 11, 1864
The Court met pursuant to adjournment
Present
Lieutenant Commander W. W. Low
Lieutenant Commander J. S. Sherrett
Lieutenant R. Prentiss
A. A. Paymaster E. St. Clair-Clark, Judge Advocate
James Dixon, Landsman, the accused also his counsel, A. A. Paymaster E. S. Wheeler
The proceedings of yesterday were read over and found to be correct.
The witnesses necessary for the continuance of the case being still absent the Court adjourned to meet tomorrow at 10 o'clock AM the 12th day of April 1864.
10 o'clock AM, April 12, 1864
The Court met pursuant to adjournment
Present
Lieutenant Commander W. W. Low
Lieutenant Commander J. S. Sherrett
Lieutenant R. Prentiss
A. A. Paymaster E. St. Clair-Clark, Judge Advocate
James Dixon, Landsman, the accused also his counsel, A. A. Paymaster E. S. Wheeler
The proceedings of yesterday were read over and found to be correct.
The witnesses necessary for the continuance of the case being still absent the Court adjourned to meet tomorrow at 10 o'clock AM the 13th day of April 1864.
10 o'clock AM, April 13, 1864
The Court met pursuant to adjournment
Present
Lieutenant Commander W. W. Low
Lieutenant Commander J. S. Sherrett
Lieutenant R. Prentiss
A. A. Paymaster E. St. Clair-Clark, Judge Advocate
James Dixon, Landsman, the accused also his counsel, A. A. Paymaster E. S. Wheeler
The proceedings of yesterday were read over and found to be correct.
The witnesses having arrived the case was opened and Robert Curtis, Seaman, a witness on the part of the Government was duly sworn.
Question by Judge Advocate: Were you on board the USS Pampero on or about the 27th day of February 1864?
Answer: I was.
Question by Judge Advocate: Do you know of any difficulty taking place between James Dixon and James Conlan if so state what you know?
Answer: I do. Conlan come along on the port side. I was sitting in the yeoman's door facing aft. He spoke to James Dixon and said Dixon I did not think you would use such language as that to me. Dixon says clear out you damned old son of a bitch and Conlan turned towards Dixon and Dixon then seized Conlan round the neck with his left arm. A scuffle then ensued and they went back towards the rail on the port side between the foretopsail and foretopmast-staysail halyards and Dixon tried to strike Conlan in the face. He missed and struck him a little low on the left side, he struck him two more blows in the body and then he struck him a heavy blow on the right temple. I saw the man kind of shrink and Dixon left go his hold and the man Conlan fell on deck. He fell down easily and Dixon struck him a heavy blow on the nose. Dixon then left him and went aft. Conlan never rose or spoke again.
Cross Examination.
Question by the Accused: Did not Conlan strike Dixon first?
Answer: He did not.
Direct Examination resumed.
Question by the Court: Did not Conlan make an attempt to strike Dixon?
Answer: Not at first.
There being no further questions to ask this witness his testimony was read over to him and being found correct he was allowed to retire.
Gilbert Gussen 2nd Class Boy (Contraband) a witness on the part of the Government was duly sworn.
Question by Judge Advocate: Were you on board the USS Pamper on or about the 27th day of February 1864?
Answer: I was.
Question by Judge Advocate: Do you know of any difficulty taking place between James Dixon and James Conlan, if so state what you know.
Answer: I was present at the beginning of it. James Conlan was leaning on a gun on the forecastle and this man Dixon spoke to him. Conlan called Dixon a damned bastard son of a bitch. Dixon went round to his armory room to get out of Conlan's way. Conlan went in the starboard side and met Dixon on the port side. Conlan stopped there and cursed all his (Dixon's) generation and Conlan pitched right into him (Dixon) for a fight. Conlan struck Dixon first. After that they passed about dozen blows and Dixon struck Conlan right in the side and out went the wind from him. Afterwards he starts to fall. He was reeling and the last lick Dixon struck him was right in the temple. After he struck him Conlan fell back against the railing right in an iron bolt. He first made a scream and that was all.
Question by the Court: Where were you standing when the struggle commenced, how near to Conlan and Dixon and at what part of the deck?
Answer: I was standing on the forecastle looking down at them on the deck, about twenty steps from them on the port side of the deck.
Question by the Court: Were you standing all the time in the same place?
Answer: I was.
Cross examination.
Question by Accused: Where did Conlan strike Dixon first?
Answer: He struck him right on his side.
Question by the Accused: Did Conlan strike hard on the deck when he fell?
Answer: He did. His head struck heavily on an iron ring bolt on the side of his head.
There being no more questions to ask this witness his testimony was read over to him and being found to be correct he was allowed to retire.
The Court here took a recess for the purpose of allowing time for the Judge Advocate to write up the proceedings and to meet at 1 o'clock PM April 13, 1864.
1 o'clock PM, April 13, 1864
The Court met pursuant to adjournment
Present
Lieutenant Commander W. W. Low
Lieutenant Commander J. S. Sherrett
Lieutenant R. Prentiss
A. A. Paymaster E. St. Clair-Clark, Judge Advocate
The whole proceedings were read over and the record being found correct and there being no further witnesses to examine, the Court was cleared for deliberation and having maturely considered the evidence adduced, the Court is of the opinion that James Conlan, Seaman, came to his death during a struggle with James Dixon, Landsman, from the effects of blows received at the hands of said Dixon, and from a heavy fall on deck, caused by a blow or blows from the hands of said Dixon. Further that in the opinion of the Court death was not premeditated by the accused and in the opinion of the Court, there is no necessity for further proceedings.
The Court met pursuant to adjournment
W. W. Low, Lt. Comdr, Presiding Officer
Edwd. St. Clair-Clark, A. A. Paymaster and Judge Advocate