3285. [A transcript of the case as shown in the GCM files; additional informative notes have been included in brackets, in red.]

Proceedings of a Naval General Court Martial convened on board the U.S. Steam Sloop Hartford, by order of Rear Admiral David G. Farragut, U.S. Navy.

July 15th [1863] 11 a.m.

Court met pursuant to adjournment.

Present:

Commodore James S. Palmer.

Commander Lewis [Louis] C. Sartori.

Lieutenant Commander W.M. Gamble.

Lieutenant Commander R.F.R. Lewis.

Lieutenant Commander John Watters.

Lieutenant Commander Ed. E. Potter.

Lieutenant Commander George A. Bigelow.

Mr. E.C. Gabaudan, Judge Advocate.

There being no business before the Court it adjourned till 10 a.m. tomorrow, July 16.

[Signed] Jas. S. Palmer.

Commo.

[Signed] Edw. Gabaudan,

Judge Advocate.

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July 16. 10 a.m.

Court met pursuant to adjournment.

Present:

Commodore James S. Palmer.

Commander Lewis [Louis] C. Sartori.

Lieutenant Commander W.M. Gamble.

Lieutenant Commander R.F.R. Lewis.

Lieutenant Commander John Watters.

Lieutenant Commander Ed. E. Potter.

Lieutenant Commander George A. Bigelow.

Mr. E.C. Gabaudan, Judge Advocate, and the accused, Ensign Charles D. Jones, U.S. Navy.

The Judge Advocate read the order (copy marked A annexed to this Record) convening the Court and asked the accused if he had any objection to any member named therein, to which he replied that he had none.

The Judge Advocate was then duly sworn by the Presiding Officer and the Court was duly sworn by the Judge Advocate in the presence of the accused.

The charges, "B" were then read aloud by the Judge Advocate.

Question by the Judge Advocate:

Mr. Jones, you have heard the charges and the specifications preferred against you. How say you, "Guilty" or "Not Guilty?"

To which the accused, Ensign Charles D. Jones, U.S. Navy plead "Guilty" but requested the privilege of introducing testimony at which the Court was cleared to consider the request.

The request was not granted and the accused, Charles D. Jones, Ensign, U.S. Navy was allowed to reconsider his plea and plead "Guilty" of the charges.

At 10.20 the Court adjourned subject to call of the Presiding Member so as to enable the accused to prepare his final defence.

At 11.30 Court met pursuant to adjournment. Present all the Members, the Judge Advocate and the accused, Ensign Charles D. Jones, U.S. Navy.

The accused then read and submitted his final defence "C" appended to this Record.

The Court was then cleared for deliberation and find the accused, Ensign Charles D. Jones, U.S. Navy as follows:

Of the specification of the 1st charge - Proven by plea.

Of the First Charge - Guilty by plea.

Of the specification of the 2nd charge - Proven.

Of the Second Charge - Guilty by plea.

and do therefore sentence the accused Charles D. Jones, Ensign, U.S. Navy, as follows:

"To be dismissed from the service of the United States, but in consideration of his previous good conduct and service and his youth, the Court recommend him to the mercy of his excellency, the President of the United States."

This sentence to be publicly read at General Muster on the Quarter Deck of all vessels of the U.S. Navy.

[Signed] Jas. S. Palmer'

Commodore.

[Signed] L.C. Sartori,

Com'der.

[Signed] W.M. Gamble, Lieut. Com'dr.

[Signed] R.F.R. Lewis, L. Comd.

[Signed] John Watters, Lt. Comd'r.

[Signed] Edwd. E. Potter, Lt. Comd'r.

[Signed] Geo. A. Bigelow, Lt. Comd'r.

[Signed] E.C. Gabaudan,

Judge Advocate.

Approved & forwarded with a concurrence in the recommendation of the Court to the clemency of His Excellency the President. [Initialed] D.G.F. [David G. Farragut.]

The Court then proceeded to take up the case of John Shannon, Carpenter, U.S. Navy.

[Signed] Jas. S. Palmer,

Commo.

Pres't. of Court.

[Signed] E.C. Gabaudan,

Judge Advocate.

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"A"

Flag Steamer Tennessee.

New Orleans, July 13, 1863.

By virtue of authority vested in me by order of the President of the United States, in accordance with Artile 11 of an Act entitled "an Act for the better government of the Navy of the United States," approved July 7th, 1862, a Naval General Court Martial is hereby ordered to convene at 10 a.m. on the 14th day of July 1863, on board the U.S. steam sloop Hartford for the trial of such persons as may be legally brought before it.

The Court will be composed of the following Officers, any five of whom are empowered to act, viz.:

Commodore James S. Palmer.

Commander Lewis [Louis] C. Sartori.

Lieutenant Commander W.M. Gamble.

Lieutenant Commander R.F.R. Lewis.

Lieutenant Commander John Watters.

Lieutenant Commander Ed. E. Potter.

Lieutenant Commander Geo. A. Bigelow.

and Mr. E.C. Gabaudan of New Orleans is hereby appointed Judge Advocate.

[Signed] D.G. Farragut,

Rear Admiral.

Comd'g. W.G.B. [West Gulf Blockading] Squadron.

Original annexed to Record in cases of Private Marines, DeMott Pearsall & Martin McLaughlin - a true copy.

[Signed] E.C. Gabaudan,

Judge Advocate.

[The Judge Advocate, Edward C. Gabaudan, was Admiral Farragut's secretary, and had been desirous of obtaining an appointment in the United States Marine Corps. He eventually succeeded in his solicitations in this respect, being appointed as Second Lieutenant in the Corps on March 14, 1864. He died in March, 1868, while still in the service.]

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"B"

Charges and Specifications of Charges preferred against Ensign Charles D. Jones, U.S. Navy:

Charge First:

Absent from his ship after his leave had expired (Act 7, Section 10. Articles of War.)

Specification:

In this, that the said Charles D. Jones, Ensign, U.S. Navy, did, on or about the 12th day of July, 1863, obtain permission from Lieutenant Commander Lewis A. Kimberly to remain absent from the U.S. Steam Sloop Hartford for a period of two hours and remained absent from said Hartford for a period of four or more hours.

Charge Second:

Sleeping upon his watch (Act 3, Section 6. Articles of War.)

Specification:

In this, that the said Charles D. Jones, Ensign, U.S. Navy, did, on or about the 12th day of July, 1863, between the hours of 9 and 10 p.m. go to sleep upon his watch while in charge of the deck of the U.S. Steam Sloop Hartford.

[Signed] D.G. Farragut,

Rear Admiral.

Flag Steamer Tennessee.

New Orleans, July 14th 1863.

Witnesses:

Lieut. Comd'r. L. A. Kimberly.

Fri? [illegible] Quartermaster.

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"C"

U.S. Sloop of War Hartford.

July 16th, 1863.

Gentlemen of the Court,

In regard to the first charge against me, I would say my absence was through thoughtlessness. I went forward after 12 o'clock, my watch being over, to ask permission to go ashore. Mr. Kimberly [answered] me "Yes Sir!" but that two of us, meaning the ensigns must be on board. I told him they were on board and then added " I did not expect to be away longer than two or three hours."

About half past twelve I went on shore with the intention of taking a little ride with Ensign J.H. Reed about 1 o'clock with the full intention of getting back in the specified time, having no watch I did not know how the time was slipping by. As soon as I found out how late it was I immediately turned back and brought our horses to the stable and hastened to the ship. I returned aboard about 15 minutes past 8 o'clock. I intended when on reporting myself to Mr. Kimberley to make my excuses to him for overstaying my leave but in my haste to relieve the deck forgot it.

In regard to the second charge against me, that of sleeping on duty, I can only say that I walked the deck from the time I went on watch until 9 o'clock, then went up on the poop deck and stood against the propellor box, a few moments after 9. Three men came on board and reported themselves as having returned from liberty. I had their names put down on the slate and while the Quartermaster was writing their names, Mr. Kimberley came up and found me nodding. I could scarcely have gone to sleep in this short space of time. I heard Mr. Kimberley distinctly tell me to go below. I answered him and left the deck.

I have been on this station ever since the commencement of the Rebellion, have been on three different ships, have good letters from all my commanders and other officers, have had the deck constantly and under all circumstances, at sea and when an attack was momentarily expected, and I have never before either been reported or ever received a reprimand and I trust that the Honorable Court upon whose mercy I have thrown myself will take these circumstances into consideration and deal with me leniently.

Very Respectfully Submitted,

Ensign Chas. D. Jones,

U.S. Navy.

[Charles D. Jones had been appointed an Acting Midshipman in the U.S. Navy, on November 23, 1859, and was promoted to Ensign in November, 1862. His conduct may have assisted him, as he continued in the service of the Union Navy, after the Court Martial, and was promoted Lieutenant, in February, 1864. He died in service in December, 1865.]




Transcription © Terry Foenander,

July, 2001.