Despatch 154 (1864)

No. 154
Hartford
Flag-Ship: Western Gulf Blockading Squadron
Off Pensacola
May 5th, 1864

Sir
I forward herewith the Record of the Proceedings of a Court of Inquiry convened by my order of the 5th ulto to investigate the circumstances connected with the death of James Conlan, seaman on the Pampero, which occurred on the 27th of February last.

The Pampero was stationed at the time as a Guard Ship at the mouth of the South West Pass and on the date last mentioned a difficulty occurred between the deceased and one James Dixon, landsman (colored). Blows were interchanged and in the struggle Conlan was thrown on the deck, striking his head against an iron bolt and died soon after from concussion of the brain.

There is no criminal court for the Parish of Plaquemines in which the affair occurred and the criminal courts at New Orleans had or professed to have no jurisdiction and I could not try him by Court Martial, the killing having taken place within the United States.

The Commanding Officer of the vessel had made a preliminary investigation of the case and in his report (a copy of which is herewith enclosed marked No 2) spoke very strongly in favor of Dixon.

I then ordered a Court of Inquiry to state the facts and give its opinion in the case.

The officers in closing the investigation state that there is no necessity for further proceedings.

I have directed that Dixon be retained on board his vessel.

I beg to state to the Department that this is the third case of killing or attempting to kill which has occurred within my jurisdiction. The first two were sailors, a white man killed a black man at New Orleans on board the Lackawanna; from all I can understand a very aggravated case, yet the Courts in New Orleans for a long time declined to take cognizance of it, but finally Judge Atacha tried the man and sentenced him to be confined every Sunday for a certain time; a sentence so disproportionated to the offense that Commodore Bell disapproved of it.

The second is the case detailed in this dispatch where the black man killed a white man.

I now have a third, that of a citizen named Williams living in Warrington, who deliberately shot another man wounding him in the arm and at the same time wounding another person passing by. I have Williams now in confinement but am totally at a loss how to bring him to justice.

I would be very glad if the Department would give me some information as to the proper course to pursue in these and similar cases.

Very Respectfully
Your Obedient Servant
D. G. Farragut
Rear Admiral
Commanding W. G. B. Squadron

Honorable Gideon Welles
Secretary of the Navy
Washington

US Ship Pampero
Off Pilot Town, S. W. Pass
March 12th, 1864

Sir
I beg leave to submit in regard to the death of James Conlan, Sea., in a brawl with James Dixon, Lands., the following result of an informal examination.

Previous to the 27th February, the day on which the difficulty occurred, Conlan had been guilty of repeated acts of insubordination not only in fomenting disturbances among the white men but more particularly among the contrabands. Of the latter he had chiefly directed his malice upon Dixon, who was employed as an assistance to the Gunner's Mate, and endeavored to annoy him by defacing the guns, thereby causing him to re-polish them frequently. On this last occasion as at other times he was found by Dixon leaning on the rifled gun on the forecastle and was requested to leave, with the remark from Dixon that it was his duty to keep the gun looking well and he did not care to have him scratching it up, as fast as he polished it. Conlan answered with vulgar advice and profanity, while Dixon left the forecastle without direct answer to him. Passing around the starboard side of the forward house, Conlan met Dixon just forward of the No 1 gun on the port side and having struck him - immediately close with him - preventing Dixon from striking in return with any effect by pinning his arms. After a short struggle, Dixon threw Conlan violently to the deck and in his fall the latter struck his head against the water ways fracturing his skull and rendering him insensible. Dixon struck Conlan once after he fell being ignorant of the extent of the injury already inflicted. The Surgeon, J. W. Langley was immediately summoned, but in five minutes after the fall the man was dead. No time had been afforded Dixon to report the attack to me. He has always been a faithful, obedient and trustworthy man, has been on board this ship two years and committed no offense requiring reprimand or punishment. His place can not be filled by any of the men on board, and that I may not be deprived of the service of a man in whom some degree of confidence can be put, especially when so short of officers as at present, I have had this statement made out.

Requesting for Dixon the utmost leniency in punishment, which the circumstances will allow.

I am sir
Very Respectfully
Your Obedient Servant
F. E. Ellis
Acting Master, Commanding

To
Commodore
Jas. S. Palmer
Commanding 1st Division
West Gulf Blockading Squadron
US Ship Pensacola
New Orleans, La.

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