United States vs. Martin Freeman, Acting LT and Pilot, USS Cowslip

In 1874, Freeman and his wife Anna were appointed keepers of the offshore Horn Island Lighthouse. The Freemans held that position until the injuries Martin sustained from an explosion of a mine at Fort Morgan in September 1864 finally forced him to move his family ashore to Pascagoula in early 1894. He died on 11 September 1894 and is buried in Greenwood Cemetery

USS Potomac
10 o'clock AM
June 30, 1866

The Court met pursuant to adjournment of yesterday.

Present
Captain John DeCamp
Lieutenant Commander A. R. Yates
Lieutenant R. B. Diell
Acting Volunteer Lieutenant F. McCurley
Acting Master George R. Darand
Acting Master W. H. Mayer, members
and Assistant Surgeon F. M. Dearborn, Judge Advocate

The Court having concluded the case of Charles Ridley, Landsman, the record of the trial was sent to the Commander in Chief, Commodore John A. Winslow.

A communication having been received by the Senior Member of the Court, from the Commander in Chief, Commodore John A. Winslow, it was read aloud by the Judge Advocate, and is hereto appended marked II.

The Court took a recess at 11.30 o'clock AM

The Court met again at 12.55 o'clock PM, after recess

Present: all the members of the Court
Present: Judge Advocate

The accused, Acting Volunteer Lieutenant and Pilot, Martin Freeman, also present.

Passed Assistant Surgeon A. B. Judson, counsel for the accused, reported to the Senior Member of the Court in accordance with an order from the Commander in Chief, Commodore John A. Winslow, a copy of which is hereto appended marked 2.

A communication having been received by the Senior Member of the Court from the Commander in Chief, Commodore John A. Winslow, it was read by the members of the Court and is hereto appended, marked 3.

The Judge Advocate read the precept convening the Court, a copy of which is hereto appended marked 4, the original being appended to the record of the trial of Henry Clayton, First Class Boy.

The absence of Commander Thomas Pattison, ill, and of Lieutenant Commander W. E. Fitzhugh and Acting Master H. C. Wade, relieved, has been already shown by the preceding records of this Court, as well as the presence of Acting Volunteer Lieutenant F. McCurley and Acting Master W. A. Mayer.

The Judge Advocate also read the warrant of the Judge Advocate, a copy of which is hereto appended marked 5.

The accused was asked by the Judge Advocate if he had any objection to any member of the Court, 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.

The Judge Advocate then read aloud the letter of advice to the Senior Member of the Court which is hereto appended marked 2 and the charge and specification, hereto appended marked 7.

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

To which the accused, Acting Volunteer Lieutenant and Pilot Martin Freeman, pleaded "not guilty"

Navy Pilot A. C. Whalen, 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, rank and the vessel to which you are attached?

Answer: A. C. Whalen, Navy Pilot, USS Cowslip.

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

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

Answer: When the Cowslip was ordered to Mound City, on the 5th of June, I asked Acting Volunteer Lieutenant and Pilot Freeman's permission to stay at New Orleans, I was not an up river pilot.

Captain Freeman said he could not get me permission without seeing Captain Williamson, and Captain Freeman told me he would take me up to Captain Williamson and see him about it. Captain Freeman told Captain Williamson that he had a Lake pilot on board. Captain Williamson asked what he wanted of a Lake pilot, on board.

Captain Williamson said that he had engaged a Mississippi River pilot to take him up the river. I asked Captain Williamson myself for permission to stop at New Orleans. He told me that he had nothing to do with Lake pilots and that Captain Freeman could do as he pleased about it. Then Captain Freeman told me that I could stay until the boat returned. When the boat returned to New Orleans, I reported to Captain Freeman.

Question by Judge Advocate: State who Captain Williamson was, to whom yo refer?

Answer: He was senior officer at New Orleans at that time.

Question by Court: Did you ever do duty on board the Cowslip as an Ensign?

Answer: No sir.

Question by Judge Advocate: Do you hold the rank of ensign?

Answer: Not that I am aware of. I never received that rank.

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

Question by Accused: How long have you been attached to the Cowslip?

Answer: Since January 9th, 1866.

Question by Accused: Did you ever stand a watch on the Cowslip?

Answer: No sir.

Question by Accused: Did you ever do any duty on the Cowslip except piloting?

Answer: No sir, nothing but piloting.

Question by Accused: Are you in any sense of the words a Mississippi River pilot?

Answer: No sir.

Question by Accused: Were there any river pilots ordered by Captain Williamson to take the Cowslip up the river?

Answer: Yes sir.

Question by Accused: How many?

Answer: Two, sir.

Question by Accused: Was Captain Williamson present when I gave you permission to leave the vessel?

Answer: Yes sir, he was present.

The accused stated that he had no further questions to ask the witness.

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.

Documentary evidence, namely the record of the proceedings of this Court, during the trial of Acting Ensign and Pilot A. C. Whalen, was then introduced on the part of the prosecution, and the evidence on that trial of Acting Volunteer Lieutenant and Pilot Martin Freeman, was read aloud by the Judge Advocate.

The Judge Advocate then stated that the prosecution was closed.

The accused was asked by the Judge Advocate if he desired to call any witnesses on the defense.

He stated that he desired to call Acting Ensign George H. Rice.

Acting Ensign George H. Rice, a witness on the part of the defense was then duly sworn by the Senior Member of the Court, in the presence of the accused.

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

Answer: George H. Rice, Acting Ensign, USS Cowslip.

Question by Accused: How long have you been on board the Cowslip?

Answer: Since 20th November 1865.

Question by Accused: How has Mr. Whalen been put down on the monthly and quarterly returns for the last six months?

Answer: As a Navy Pilot.

The accused then stated that he had no more questions to ask the witness.

The Judge Advocate and the Court had no questions to ask the witness.

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 accused stated that he did not desire to call any other witnesses on the defense.

The Judge Advocate asked the accused if he had any defense to make.

The accused stated that he desired for his counsel to read a defense which was accordingly read by Passed Assistant Surgeon R. B. Judson and is hereto appended marked 8.

The Court was then cleared for deliberation and after maturely considering the evidence adduced, find the accused, Acting Volunteer Lieutenant and Pilot Martin Freeman

Of the Specification: Proved except the words "acting ensign" and "his services lost as an Ensign on the Cowslip"
Of the Charge: Not Guilty

And the Court, do, accordingly acquit the Accused, Acting Volunteer Lieutenant and Pilot Martin Freeman.

Captain John DeCamp
Lieutenant Commander A. R. Yates
Lieutenant R. B. Diell
Acting Volunteer Lieutenant F. McCurley
Acting Master George R. Darand
Acting Master W. H. Mayer
Assistant Surgeon F. M. Dearborn, Judge Advocate

At 2.10 o'clock PM, the Court adjourned to meet Monday, July 2, 1866 at 10 o'clock AM.

John DeCamp
Captain, Senior Member

II

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay
June 30th, 1866

Sir
The Charges and Specifications preferred against James R. Rieidols, Paymaster's Steward USS Cowslip are hereby withdrawn.

Respectfully
John A. Winslow
Commodore Commanding
Gulf Squadron

Captain
John DeCamp
Senior Officer
Naval General Court Martial
USS Potomac

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay, Fla.
June 30, 1866

Sir
Having been selected as his counsel by Acting Vol. Lieutenant and Pilot Martin Freeman of the USS Cowslip on his trial by General Court Martial, you will report to Captain John De Camp, senior officer of a Naval General Court Martial, now in session on board of the USS Potomac, in Pensacola Bay, Fla., as counsel and advisor for the accused, in accordance with Circular No. 3, Paragraph No. 15, US Naval Regulations.

Respectfully
John A. Winslow
Commodore, Commanding Gulf Squadron

Passed Assistant Surgeon
A. B. Judson
USS Potomac
Pensacola Bay, Fla

2

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay, Fla
June 30th, 1866

Sir
The proceedings of the Court in the case of Charles Ridley are approved, and in consequence of the recommendation to mercy by all members of the Court, the sentence of the Court so far as relates to confinement in prison is remitted, and so much of the sentence on forfeiture of the amount of pay that may become due is remitted excepting the sum necessary to defray the expense of his arrest and returning him to his vessel.

Respectfully
John A. Winslow
Commodore
Commanding Gulf Squadron

Captain John De Camp
Senior Member Naval General Court Martial
USS Potomac

4

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay, June 21, 1866

Sir
By virtue of authority vested in me a Naval General Court Martial is hereby ordered to convene on board the USS Potomac, lying in Pensacola Bay Fla, on the twenty-third day of June one thousand eight hundred and sixty six or as soon thereafter as practicable for the trial of Henry Clayton, First Class Boy in the Navy of the United States and such others 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:

Captain John De Camp
Commander Thomas Pattison
Lieut. Comdr W. E. Fitzhugh
Lieut. Comdr. A. R. Tates
Lieut. Robt. B. Reill
Acting Master Henry C. Wade
Acting Master George. R. Durand
and Asst. Surg. Frederick M. Dearborn who is hereby appointed Judge Advocate of said court.

Respectfully
John A. Winslow
Commodore, Commanding
Gulf Squadron

Captain John De Camp
Senior Member
Naval General Court Martial
convened on board the USS Potomac

5

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

Sir
You will report to Captain John De Camp, Senior Member of a Naval General Court Martial now in session on board the USS Potomac lying in Pensacola Bay, for duty as Judge Advocate of said Court.

Respectfully
John A. Winslow
Commodore, Commanding
Gulf Squadron

Assistant Surgeon
Frederick M. Dearborn
USS Estrella
Pensacola Bay

Forwarded June 28th, 1866
L. G. Vassallo
A. V. L. Comd'g.

6

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay
June 29th, 1866

Sir
I enclose herewith charge and specification against Act. Vol. Lieut. & Pilot Martin Freeman

Respectfully
John A. Winslow
Commodore, Commanding
Gulf Squadron

Captain John De Camp
USS Potomac
Pensacola Bay

7

Charge and Specification of Charge preferred by Commodore John A. Winslow, Commanding Gulf Squadron, against Martin Freeman, an Acting Volunteer Lieutenant and Pilot in the Navy of the United States.

Charge: Violation of a regulation passed by the Honorable Secretary of the Navy, paragraph No 295 and 1087, US Navy Regulations.

Specification: In this, that the said Martin Freeman, an Acting Volunteer Lieutenant and Pilot in the Navy of the United states, in command of the US Steamer Cowslip, which vessel at the time was in New Orleans and under orders to assist the Iron Clads in their passage down the river; did on or about the fourth day of June one thousand eight hundred and sixty six, give permission to Acting Ensign and Pilot A. C. Whalen to leave the said vessel and to be absent until her return by which authority the said Acting Ensign and Pilot A. C. Whalen was absent sixteen days and his services lost as Ensign on the Cowslip.

John A. Winslow
Commodore, Commanding
Gulf Squadron

Witness
Acting Ensign and Pilot A. C. Whalen
Documentary evidence viz Record of General Court Martial, testimony of Act. Vol. Lt. and Pilot Martin Freeman

8

To the honorable members of the Court Martial:

I do not deem it necessary to occupy time with an elaborate defense and willingly leave the case as it stands to the wisdom and good judgment of the Honorable Court.

Martin Freeman
A. V. Lt. and Pilot

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