U.S. Gun Boat TIoga

Key West, [Florida] Aug. 7th, 1863.

The Court met at 10 a.m. pursuant to adjournment.

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 Jeremaih McCarthy (Landsman) attached to the U.S. Gun Boat Octorara, who being called before the Court and having heard read the order convening the Court (attached to the preceding case and marked A) was asked if he had any objection 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, all in the presence of the accused.

The accused, Jeremiah McCarthy (Landsman) was then arraigned on the following Charge and Specification of a Charge preferred by Acting Rear Admiral Theodorus Bailey, Comm'dg. E.G.B. [East Gulf Blockading] Squadron, against Jeremiah McCarthy, Landsman, attached to the U.S. Gun Boat Octorara.

Charge: Desertion, in time of war.

Specification: In this; that on or about the twenty-second day of July, one thousand eight hundred and sixty three, the said Jeremiah McCarthy, Landsman, being then in Key West, did desert from the Naval Service of the United States; and that he did conceal himself on board the American Brig John Pierce and subsequently on board the Brig A. Rowell with intent to escape from Key West.

[Signed] Theodorus Bailey,

Act. Rear Admiral,

Com'dg. E.G.B. Squadron.

U.S. Flag Ship Tahoma.

Key West, August 6th, 1863.

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Witnesses for the Prosecution:

Act'g. Master L.G. Cook, [USS] Octorara.

Ensign A.K. Jones, [USS] Octorara.

Geo. W. Adams, Master at Arms, [USS] Octorara.

Act. Master's Mate L. Coggeshall, [USS] Eugenie.

Mr. William T. Atwell, Pilot, [USS] Champion.

To which Charge and Specification the accused pleaded as follows:

To the Specification: Guilty.

To the Charge: Guilty.

In consequence of the plea made by the accused, no witnesses were called for the prosecution.

The accused having been asked if he desired to call any witnesses to testify to his previous character, replied that he did not.

The Court being in the possession of all the facts of the case, was cleared and after mature deliberation find the accused, Jeremiah McCarthy (Landsman) attached to the U.S. Gun Boat Octorara as follows:

To the Specification: Guilty.

To the Charge: Guilty.

and do therefore adjudge the following sentence:

To forfeit all pay and prize money due him at the date of the approval of the proceedings of the Court, to be reduced in rating to a 1st Class Boy and to serve in that capacity in the U.S. Navy, for the term of three years from the date of sentence, the first six months of which to be confined in double irons at night while in port.

[Signed] A.G. Clary, Commander

[Signed] N. Collins, Commander

[Signed] A.A. Semmes, Lieut. Commander

[Signed] O.F. Stanton, Lieut. Commander

[Signed] C.M. Schoonmaker, Lieutenant.

Charles J. McDougal,

Lieut. Commander & Judge Advocate.

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U.S. Flag Ship Tahoma,

Key West, August 7, 1863.

The sentence in this foregoing case is approved and will be carried into effect.

[Signed] Theodorus Bailey,

Act'g. Rear Admiral,

Command'g. E.G.B. Squadron.

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There being no further business before them the Court adjourned sine die.

[Signed] A.G. Clary,

Commander & Senior Member.

[Signed] Charles J. McDougal,

Lieut. Comm'dr., U.S.N.

Judge Advocate.

Transcription © Terry Foenander,

July, 2001.