Proceedings of a Naval General Court Martial convened on board the U.S. Gun Boat Tioga, Key West Harbor, August 6th, 1863, by virtue of the following order, viz:-

A.

U.S. Flag Ship San Jacinto,

Key West, August 4, 1863.

By virtue of the authority contained in the Act of Congress "for the better government of the Navy of the United States," approved July 17, 1862, and by express authority from the President of the United States, under date of January 27, 1863, a Naval General Court Martial is hereby ordered to convene at Key West, on board the U.S. Steamer Tioga, on the 6th day of August, 1863, or as soon thereafter as practicable, for the trial of Acting Master's Mate Amos H. Geary, U.S.N., and of such other persons as may be legally brought before it.

The Court will be composed of the following officers -

Commander A.G. Clary,

Commander N. Collins,

Lieut. Commander A.A. Semmes,

Lieut. Commander O.F. Stanton,

Lieutenant C.M. Schoonmaker -

And Lieutenant Commander C.J. McDougal is hereby appointed Judge Advocate.

Theodorus Bailey,

Acting Rear Admiral,

Comd'g. E.G.B. Squadron.

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U.S. Gun Boat Tioga,

Key West, Florida, August 6th, 1863.

The Court met at 10 a.m. pursuant to the foregoing order.

Present.

Commander A.G. Clary, U.S.N.

Commander N. Collins, U.S.N.

Lieut. Commander A.A. Semmes, U.S.N.

Lieut. Commander O.F. Stanton, U.S.N.

Lieut. C.M. Schoonmaker, U.S.N.

and Lieut. Commander Charles J. McDougal, U.S.N., Judge Advocate.

The Court then proceeded to the trial of Acting Master's Mate Amos H. Geary, U.S.N., who was called before the Court, and having heard the order read convening the Court was asked if he had any objections to any member named therein, to which he replied in the negative.

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

The accused, Acting Master's Mate Amos H. Geary, U.S.N., was arraigned on the following charge and specifications of a charge, preferred by Acting Rear Admiral Theodorus Bailey, commanding E.G.B. [East Gulf Blockading] Squadron, against Acting Master's Mate Amos H. Geary, attached to the steam tug Sunflower.

Charge - Maltreatment of those subject to his orders.

Specification, first - In this, that on or about the sixth day of July, one thousand eight hundred and sixty three, the said Acting Master's Mate Amos H. Geary, then doing duty on board the steam tug Sunflower at the Tortugas [Florida], did strike and kick John B. Murphy, Landsman, belonging to the same vessel.

Specification, second - In this; that on or about the fourth day of August, one thousand eight hundred and sixty three, the said Act. Master's Mate Amos H. Geary, then doing duty on board the steam tug Sunflower at Key West, did strike and kick Henry Frose, Officer's Steward, belonging to the same vessel; and that, upon learning that the said Henry Frose, Officer's Steward, had reported the circumstances to the Executive Officer of the vessel, the said Acting Master's Mate Amos H. Geary did again strike and kick the said Henry Frose repeatedly, and did say to him, " I will now give you something to report me for; and before I am through with you, I will give you a damned sight more yet," or words to that effect.

T. Bailey,

Act. Rear Admiral,

Comm'dg. E.G.B. Squadron.

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U.S. Flag Ship San Jacinto,

Key West, August 4, 1863.

Witnesses for the prosecution -

On specification, first:

Acting Master Edward Van Sice.

John B. Murphy, Landsman.

On specification, second:

Henry Frose, Officer's Steward.

D.W. Guernsey, Paymaster's Clerk.

Patrick McGuir, Seaman.

David A. Carpenter, Landsman.

Alesto Brackett, Landsman.

To which charge and specifications the accused pleaded as follows:

To the first specification - Guilty.

To the second specification - Guilty.

To the charge - Guilty.

The accused requested permission of the court to introduce a witness, as to his previous character, which being granted, at his instance, Acting Master Edward Van Sice was called and being duly sworn disposed as follows:

Question by Judge Advocate -

What is your rank in the service and to what vessel are you attached and in what capacity?

Answer -

Acting Master in the U.S. Navy and commanding the U.S. Steam Tug Sunflower.

Question by the accused -

What has been my character previous to the date of the charge preferred against me?

Answer -

Good. I am satisfied that previous to Mr. Geary's entering the Navy, he served in the army in a Massachusetts Regiment [Geary had served as an enlisted man in company H, 35th Massachusetts Infantry - see the Massachusetts Rosters.] and participated in the battles of Antietam and South Mountain. The only fault I have with Mr. Geary is his temper which appears to be too uncontrollable for an officer. Otherwise his character is perfectly good.

[Question] By the Court -

Has Article 10 of an Act for the better government of the Navy, been read to the officers and crew of the Sunflower? And have they had access to the Naval Regulations?

Answer -

Yes.

There being no further questions to ask, the testimony was read over to the witness and being pronounced by him to be correct, he was allowed to retire.

There being no other witnesses to examine, the evidence here closed, and the accused, by permission of the Court, made a few remarks, in relation to his services in the Army etc., after which the Court was cleared for deliberation.

After mature deliberation, the Court find the accused, Act. Master's Mate Amos H. Geary, U.S.N. as follows:

Of the first specification - Guilty.

Of the second specification - Guilty.

Of the charge - Guilty.

And the Court do adjudge the following sentence - To be dismissed from the Navy; the sentence to be read on the greater deck of the Sunflower and his dismissal to date from the same day of the reading.

[Signatures:] A.G. Clary, Commander.

N. Collins, Commander.

A.A. Semmes, Lieut. Commander.

O.F. Stanton, Lieut. Commander.

C.M. Schoonmaker, Lieutenant.

Charles J.McDougal,

Lieut. Commander, U.S.N.

Judge Advocate.

The Court here adjourned until 10 o'clock, a.m. of the 7th of August, 1863. [for the next Court Martial case].

The sentence in the above case is approved and confirmed and will be carried into effect from this date.

Theodorus Bailey,

Act'g. Rear Admiral,

Commnd'g. E.G.B. Squadron.

Flag Ship Tahoma,

August 7, 1863.

Key West, Florida.