United States vs. Thomas Shannon, Seaman, USS Vincennes
Thomas Shannon was sent North and discharged effective 18 November 1863. "Lime juice" appears to be an early version of limey epithet as applied to British sailors, however the Vincennes muster roll shows that James Seanor was born in Boston.
Record of the Proceedings of a Naval General Court Martial convened on board the US Ship Lackawanna off Mobile, Ala.
USS Lackawanna
Off Mobile Bay
Wednesday July 1st, 1863
The Court met pursuant to adjournment.
Present
Captain J. B. Marchland, USS Lackawanna
Lieut. Commander S. R. Franklin, USS Aroostook
Lieut. Commander J. E. Joulett USS R. R. Cuyler
Lieut. Commander J. H. Russell, USS Kennebec
Lieut. Commander E. E. Potter, USS Lackawanna
Lieutenant H. W. Miller, USS Colorado
Lieutenant J. A. Howell, USS Ossipee
and Surgeon Thomas J. Turner, US Navy, Judge Advocate
The proceedings of Tuesday June 30th 1863 were read and the court then proceeded to the trial of Thomas Shannon, Seaman of the USS Vincennes, upon charges and specifications of charges preferred by Lieut. Commander H. A. Adams, Jr., of the USS Vincennes, by virtue of the following order.
New Orleans May 13, 1863
By virtue of authority vested in me by the President of the United States, in accordance with the Act of Congress for the Better Government of the Navy of the United States, approved July 17, 1862, a Naval General Court Martial is hereby ordered to convene off Mobile Bay on board of the US Ship Lackawanna on the 27th day of June 1863 or as soon thereafter as practicable 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.
Captain J. B. Marchand, US Navy
Lieut. Commander S. R. Franklin, US Navy
Lieut. Commander J. E. Joulett, US Navy
Lieut. Commander J. H. Russell, US Navy
Lieut. Commander E. E. Potter, US Navy
Lieutenant H. W. Miller, US Navy
Lieutenant J. A. Howell, US Navy
and Surgeon Thomas J. Turner, US Navy is hereby appointed Judge Advocate.
D. G. Farragut
Rear Admiral
Commanding W. G. B. Squadron
which was ready in the presence of the accused and the witnesses.
The Judge Advocate then asked the accused if he had any objection to any member of the Court. To which he replied in the negative
The Judge Advocate was then sworn by the President and the Court was sworn by the Judge Advocate.
The Judge Advocate then asked the accused if he was ready for trial and if he had or wished counsel.
To which he replied that he was ready for trial and that Acting Master O. B. Warren, would appear as his counsel. The Court admitted the Counsel.
The following charges and specifications of charges were then read in the presence of the accused, his counsel and the witnesses.
Charges and Specifications of Charges preferred by Lieut. Commander H. A. Adams, commanding USS Vincennes against Thomas Shannon, Seaman of same ship.
Charge 1st: Striking his superior officer
Specification 1st: In this, that the said Thomas Shannon, Seaman, attached to the USS Vincennes, on the afternoon of May 25th 1863, while on duty in the 2nd cutter of the Vincennes, did strike Acting Master W. H. Churchill, US Navy, while in the execution of the duties of his office.
Specification 2nd: In this, that the said Thomas Shannon, Seaman, attached to the USS Vincennes, on the afternoon of May 25th 1863, while on duty in the 2nd cutter of the Vincennes, did strike James Seanor, coxswain of the 2nd cutter, while in the execution of the duties of his office.
Charge 2nd: Mutinous Conduct
Specification 1st: In this, that the said Thomas Shannon, Seaman, attached to the USS Vincennes, on the afternoon of May 25th 1863, did say to Acting Master W. H. Churchill, US Navy and attached to the USS Vincennes "let me go and get out of the way you god damned son of a bitch, I can lick you or any other lime juice son of a bitch on board" and said Shannon did use other vile epithets and was very threatening in his manner and gestures towards said Acting Master W. H. Churchill and towards James Seanor, coxswain of the 2nd Cutter; all of which took place in the 2nd cutter, while away from the ship on duty.
And the Judge Advocate then asked. Thomas Shannon, you have heard the charges and specifications of charges preferred against you by Lieutenant Commander H. A. Adams, Jr. How say you guilty or not guilty? To which the accused pleaded not guilty.
The Court was then cleared of witnesses and Acting Master W. H. Churchill, USN, attached to the USS Vincennes, a witness for the prosecution was called and sworn.
Question by Judge Advocate: Were you the Executive Officer of the USS Vincennes on or about the 25th day of May 1863?
Answer: I was.
Question by Judge Advocate: What do you know of the specification 1st of Charge 1st?
Answer: On the afternoon of that day, this man Shannon and three others were left on shore on duty at Ship Island by Captain Adams of the Vincennes to assist in launching a dispatch boat that was hauled on the beach repairing. At the time specified in the charge I had been been placing moorings for the dispatch boat after her launch, after completing the moorings, I pulled into the wharf for the purpose of taking these men on board the ship at anchor, nearly the eighth of a mile off. In getting alongside of the wharf to get the crew, the crew were all in the boat in readiness excepting Thomas Shannon, the accused. I ordered him some two or three times to get into the boat. He replied that he did not know whether he would get in or not. The order being repeated two or three times; he finally jumped down in the boat and he immediately commenced and attacked James Seanor, the coxswain of the boat by grappling with him and using foul epithets. He had hold of him but I cannot say he struck him. He called a damned lime juice son of a bitch. I immediately jumped in the boat in order to separate them. I was obliged to use considerable force before he would let go his hold of the coxswain and to get him into his seat. I ordered the boat to shove off the wharf and go on board and during the time he made every attempt to pass me. I sat between him and the coxswain and he and he was making repeated efforts to pass me and get at the coxswain again. The boat had then left the wharf. When I jumped in the boat, I ordered them to cease fighting but it was not done and I had to use force. During his attempts to pass me in order to attack the Coxswain of the Boat again, he became so violent in his rage at not being able to get by me to attack the Coxswain, he aimed a blow at me and struck at me at the same time making use of the expression "get out of my way and let me go you god damned son of a bitch, I can lick you or any bloody son of a bitch on board ship." He continued to use language of that kind and epithets until the boat reached the ship. This was in a loud tone of voice sufficient to be heard by most of the vessels in the harbor. He continued his bad language until he arrived on board the ship and even after he was placed in confinement.
Question by Judge Advocate: What do you know of specification 2nd of charge 1st?
Answer: I did not see him strike the coxswain. I only saw him grapple him.
Question by Judge Advocate: What do you know of Specification 1st of Charge 2nd?
Answer: I have already given my evidence on that charge. He said "let me go, get out of the way you god damned lime juice son of a bitch. I can lick you or any other bloody son of a bitch on board" or words to that effect and at the same time aimed a blow at me as already stated. His intent was to get at the Coxswain of the boat.
Question by Judge Advocate: What were his threating manners and gestures towards Acting Master Churchill?
Answer: By grappling me and taking hold of me and endeavoring to get me out of his way.
Question by Judge Advocate: What were his threating manners and gestures towards James Seanor, Coxswain of the 2nd Cutter?
Answer: They were in his efforts to get by me and and attack him and calling him "damned lime juice sons of bitches, curry favoring arse hole sons of bitches" and other vile epithets. Doubling his fist, striking it on the gunwale of the boat and threating to lick him.
The direct examination was then finished.
Cross examination by the accused.
Question by Accused: What did I say to you when I struck you?
Answer: He made use of the language "let me go, get out of my way, you god damned son of a bitch. I can lick you or any bloody lime juice son of a bitch."
Question by Accused: Did I or did I not say to you when you accused me of having struck you, that I did not wish to strike you, that I did not mean to strike you at all?
Answer: To my knowledge he did not.
The examination of the witness having been completed, his testimony was read over to him and upon his being asked if the record was replied in the affirmative.
Acting Master N. S. Morgan, attached to the USS Relief, a witness for the prosecution was called and sworn.
Question by Judge Advocate: What do you know in relation to charge 1st and specification 1st?
Answer: I was standing on the wharf at Ship Island, some fifty yards from the wharf, I saw considerable trouble in the boat in the afternoon of the latter part of May, from the 25th to the 28th. The boat of the Vincennes, two or three men seemed to be quarreling, one man had apparently a boat bucket swinging it around as if to strike some person. I could hear very loud talk, but it was so far I could not tell what. I immediately hurried down and when I got to where the boat was or had been. She went around the bows of a schooner, she was lost to my sight for two or three minutes, perhaps, directly I saw her astern of the schooner, this same trouble seemed to be going on. The boat was at that time about fifty yards distant on her way to the ship. I do not know whether Shannon struck Churchill or that he was in the boat.
Question by Judge Advocate: What do you know in relation to the 2nd specification of 1st charge?
Answer: I could not swear that there was any striking.
Question by Judge Advocate: State what you know in relation to Charge 2nd and the Specification?
Answer: I know that there was something going on in the boat. I could not swear as to the parties. I heard loud talking but could not distinguish it.
The direct examination was then finished.
The accused declined any cross examination.
The examination of the witness having been completed, his testimony was read over to him and upon being asked if the record was correct replied in the affirmative.
James Seanor, Coxswain of the USS Vincennes, a witness for the prosecution was called and sworn.
Question by Judge Advocate: Were you on duty in the 2nd cutter of the USS Vincennes on or about the 25th day of May last and will you state all that took place at that time?
Answer: I was on duty in the 3rd cutter. We had a sloop that had been taken as a prize. We in the 3rd cutter has been placing moorings.
Question by the Judge Advocate: Did you or did you not see Thomas Shannon strike Acting Master Churchill at that time, if yea, where did the striking occur?
Answer: Yes sir, struck him aside of the head coming off in the the boat. The 3rd cutter was the boat.
Question by the Judge Advocate: What language, if any did Shannon use to Acting Master Churchill?
Answer: Shannon jumped into the boat, he came aft to the coxswain box and seized me by the head and said you "damned son of a bitch I will cut your guts out." I did not hear him use any language to Mr. Churchill.
Question by Judge Advocate: Did he threaten by his manner or words Acting Master Churchill?
Answer: I did not hear him answer Mr. Churchill personally.
Question by Judge Advocate: Did the accused threaten you in any manner?
Answer: Yes sir. He said "you lime juice son of a bitch, I'll cut your guts out."
The direct examination was then finished.
Cross-examination by the accused.
Question by the Accused: Did I or did I not strike you at any time upon the day mentioned?
Answer: He seized me by the head roughly. I could not call it a strike.
Question by the Accused: Was or was not the blow which took affect upon Mr. Churchill intended for you?
Answer: I think it was.
The cross examination by the accused was then finished.
Question by the Court: Were you in the boat with Acting Master Churchill at the time he was struck, if not where were you?
Answer: I was in the boat at the tiller.
Question by the Court: What was your distance from the accused at the time Acting Master Churchill was struck?
Answer: He was against the after thwart and I was in the coxswain box about two yards and a half apart.
Question by the Court: Were you coxswain of the 2nd or 3rd cutter on the 25th of May last?
Answer: Coxswain of 3rd cutter.
Question by the Court: Did all this occur in the 2nd or 3rd cutter?
Answer: In the 3rd cutter.
Question by the Court: Did he threaten by his manner or words Acting Master Churchill?
Answer: No sir.
Question by the Court: What took place when Mr. Churchill separated the accused from you.
Answer: He scuffled with Mr. Churchill. Shannon sat down then for some time.
Question by the Court: Did the accused resist Mr. Churchill's authority or disobey his orders, if so state in what way?
Answer: Yes. Mr. Churchill ordered him to sit down. He did not sit down but tried to get at me. He tried to get up and get at me. He wanted to lick me.
Question by the Court: Who prevented the accused from striking you and what force had to be used?
Answer: Mr. Churchill prevented him. He stood up in the boat and kept him away from me. He had to catch hold of him to hold him back.
The examination of the witness having been completed, his testimony was read to him and being asked if the record was correct, answered in the affirmative.
The Judge Advocate having presented all the evidence for the prosecution to stated it and the prosecution was then closed.
Thomas Ford, Seaman of the USS Vincennes, a witness for the defense was called and sworn.
Question by the Accused: Did you or did you not see me strike Acting Master Churchill on the day mentioned, if so when, where and how?
Answer: No. I did not see him strike. I was in the 3rd cutter, at Ship Island coming off on board the ship at the time specified.
Question by the Accused: Did you see me strike James Seanor, Coxswain?
Answer: I saw him strike at him. I didn't take particular notice if he hit him or not.
Question by the Accused: Did I address to Mr. Churchill any such language as mentioned in the charges and specifications?
Answer: As fas as calling him an lime juice son of a bitch, he did not. All his conversation was directed at the coxswain.
The examination by the accused was then finished.
Cross examination by the Judge Advocate.
Question by Judge Advocate: What language did he use to Mr. Churchill?
Answer: When he first got in the boat, he put his hand on the coxswain's head. He did not use any violent language to Mr. Churchill, all his violent language was addressed to the coxswain.
Question by Judge Advocate: Was the accused's language or manner threating to Mr. Churchill?
Answer: No sir.
Question by the Court: You say that the accused addressed this language to the coxswain James Seanor. How do you know this, did the accused call any name of the person?
Answer: When he got in the boat, he put his hand on Seanor's head and from that Seanor drew the tiller, they got a quarreling through that and kept quarreling for some time until Mr. Churchill told him to desist. He, Mr. Churchill told Shannon to sit down and he did and afterwards got up to get at the coxswain. No sir.
Question by the Court: At the time the accused struck at James Seanor, where was he, and where was the coxswain and Mr. Churchill?
Answer: He was in the stern sheets, about half way between the stern sheets and back board. The coxswain was in the coxswain box. Mr. Churchill was sitting as near as I can recollect against the back board.
Question by the Court: Did you see the accused strike any one, or offer any resistance? If so against whom and what was the nature of the resistance?
Answer: I saw him strike at the coxswain. I cannot say that he struck him. He was drunk. I caught hold of him myself to pull him down once. He was quarrelsome with the coxswain.
Question by the Court: Did your see the accused threaten or resist Mr. Churchill?
Answer: No sir.
The examination of the witness having been completed, his testimony was read to him and being asked if the record was correct, answered in the affirmative.
Charles H. Smith, Ordinary Seaman of the USS Vincennes, a witness for the defense was called and sworn.
Question by the Accused: Were you in the 3rd cutter on the 25th of May? If yes, did you or did you not see me strike Acting Master Churchill?
Answer: I was in the boat but I did not see him strike him.
Question by the Accused: Did you or did you not see me strike James Seanor coxswain of the 3rd cutter upon the day mentioned?
Answer: I did not.
Question by the Accused: Did you or did you not hear me address to Acting Master W. H. Churchill any language as mentioned in the charges and specifications?
Answer: THere are a few words there that were made use of. He made use of "let me go" as for the others I never heard him use them.
The examination by the accused then closed.
Cross examination by the Judge Advocate
Question by the Judge Advocate: Did the accused use any other language to Mr. Churchill?
Answer: I do not remember. I did not hear him.
Question by the Judge Advocate: Was his language threating to the coxswain, if so please state what it was?
Answer: He challenged the coxswain to fight him. He allowed there was a number of lime juicers on board the ship and he told the coxswain that he was one of them, said he "could lick him or any lime juicer in the ship."
Question by the Court: Were you in a position to see the whole difficulty until the boat reached the ship and did you pay particular attention to it?
Answer: I was situated so that I couldn't help it, sitting on the 3rd after thwart I could help but see it.
Question by the Court: In what boat did this occur?
Answer: The 3rd cutter.
Question by the Court: Did Mr. Churchill order the accused to sit down; if so, did the accused obey?
Answer: Mr. Churchill did order him to sit down and he obeyed.
Question by the Court:
Did the accused willingly obey the order to sit down and did he remain in his seat, or was there at any time force exercised to keep him there?
Answer: Not exactly willingly, he did not remain in his seat, at one time there was force used. All the force that was required was Mr. Churchill pushing him down on to the seat. It required some one to keep him there, but he was not kept there. Mr. Churchill attempted to keep him there.
The examination of the witness having been completed, his testimony was read to him and being asked if the record was correct, answered in the affirmative.
Richard E. Harvey, a Landsman of the USS Vincennes, a witness for the defense was called and sworn.
Question by the Accused: Were you in the 3rd cutter on the 25th day of May? If yes, did you see me strike Acting Master Churchill?
Answer: I was in the 3rd cutter. No sir.
Question by the Accused: Did you see me strike James Seanor, Coxswain of the 3rd cutter?
Answer: No sir.
Question by the Accused: Did you hear me address to Acting Master Churchill any language as mentioned in the charges and specifications?
Answer: I did not, addressed to Mr. Churchill.
The examination by the accused then closed.
Cross Examination by the Judge Advocate.
Question by Judge Advocate: To whom as the language addressed, in what manner and how do you know it was addressed to the person you may name?
Answer: To the Coxswain. Shannon appeared to be very drunk and angry. As they had a difficulty before I can swear positively that it was addressed to Seanor. Seanor raised the tiller as if to strike Shannon, this was whilst we were laying at the wharf.
The examination of the witness having been completed, his testimony was read to him and upon being asked if the record was correct, replied that it was.
The accused was allowed to make the following statement.
"I would state to the court that at the time of the occurrence mentioned in the charges, I was under the influence of liquor, in fact crazy drunk. I had no intention of striking Mr. Churchill and have always considered him friendly to me. My recollections of everything which took place are confused and broken. I remember but very little, but for this reason that I have always looked upon Mr. Churchill as my friend. I do not think that anything would induce me to intentionally assault him."
The statements of all the parties being how in possession of the court; the court was cleared for deliberation, and having maturely considered the evidence adduced do find the accused, Thomas Shannon, Seaman of the USS Vincennes as follows to wit:
Of the 1st Specification of 1st Charge: Proven with the exception of the figure or words, 2nd or second, preceding the word "cutter" wherever it appears in the specification.
Of the 2nd Specification of 1st Charge: Not Proven
And of the Charge 1st: Guilty.
Of the Specification of Charge 2nd: Proven with the exception of the figure or words, 2nd or second, preceding the word "cutter" wherever it appears in the specification.
And of the Charge 2nd: Not Guilty, but Guilty of Insubordination
And the Court do therefore sentence the said Thomas Shannon, Seaman of the USS Vincennes:
To be confined in the Penitentiary at Washington DC, for the term of two and a half years, to lose all pay that is due and that may become due him for that time and this sentence to be read on the Quarter Deck, at a general muster of all vessels in the Navy.
Captain J. B. Marchand, US Navy
Lieut. Commander S. R. Franklin, US Navy
Lieut. Commander J. E. Joulett, US Navy
Lieut. Commander J. H. Russell, US Navy
Lieut. Commander E. E. Potter, US Navy
Lieutenant H. W. Miller, US Navy
Lieutenant J. A. Howell, US Navy
Surgeon Thomas J. Turner, US Navy, Judge Advocate
Approved. D. G. Farragut, Rear Admiral
The Court then adjourned to meet Thursday the 2nd of July 1863 at 10 o'clock A.M.
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