United States vs. John Cooper, Quartermaster, USS Estrella

John Cooper, whose real name was John Laver Mather, was the first sailor to be awarded two Medals of Honors. The first was for the Battle of Mobile Bay and the second was saving the life of a civilian in the aftermath of the Mobile magazine explosion.

Fortunately for Cooper, attempting to fight the snipes in the pit and cursing volunteer officers after getting drunk was not considered an "infamous crime" worthy of being stripped of his medals under Navy Regulations of the day. He, however, was removed from the Estrella and transfered to the Potomac, discharged on 10 October 1866 and did not appear to serve any time in the brig.

Per his widow's Navy survivor pension application, Cooper first enlisted in the Navy as a 1st Class Boy at the age of seventeen on 1 August 1845. After the war, he worked in the rigging loft at the Brooklyn Naval Shipyard. Cooper died 22 August 1891 and is buried in Cypress Hills National Cemetery, Brooklyn, New York.

Record of the Proceedings of a Naval General Court Martial convened on board of the USS Potomac, Pensacola Bay, Fla, by virtue of the precept of Acting Rear Admiral H. K. Thatcher, commanding the Gulf Squadron, dated April 7, 1866, hereto appended, marked A, in the case of John Cooper, Quartermaster, serving on board the USS Estrella.

USS Potomac
April 9, 1866
10 o'clock AM

The Court met pursuant to the above mentioned order.

Present:
Captain John De Camp
Lieutenant Commander A. R. Yates
Acting Volunteer Lieutenant Felix McCurley
Acting Volunteer Lieutenant N. M. Dyer
Acting Master John Ross
Acting Master R. Canfield
Acting Ensign Charles H. Lawyer, members and
Assistant Surgeon F. M. Dearborn, Judge Advocate

John Cooper, Quartermaster, the accused, also present.

The Judge Advocate having read in the presence of the accused, the precept convening the Court, and the warrant of the Judge Advocate, a copy of which is hereto appended marked B, asked the accused, John Cooper, Quartermaster,

"Have you any objection to any member of the Court?" to which he replied that he had "no objection."

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

The Judge Advocate asked the accused if he had received a copy of the charges and specifications preferred against him, to which he replied "yes."

The accused was then asked by the Judge Advocate if he desired to introduce counsel, to which he replied

"I desire to introduce Mr. Alex Gibson as my counsel if there is no objection."

Mr. Alex Gibson was then permitted to act as counsel for the accused.

The letter of advice to the Senior Member of the Court, hereto appended, marked C, and the charges and specifications, hereto appended marked D, were then read aloud by the Judge Advocate in the presence of the accused.

The Judge Advocate asked the accused

"You have heard the charges and specifications preferred against you, how say you, guilty or not guilty?"

To which the accused, John Cooper, Quartermaster, pleaded not guilty.

Acting Ensign E. G. Morill witness on the part of the prosecution was then duly sworn by the Senior Member of the Court, in the presence of the accused.

Question by Judge Advocate: State your name, rank and the vessel to which you are attached.

Answer: E. G. Morill, Acting Ensign, USN, a volunteer officer, US Flag Ship Estrella.

The charges and specifications were then read aloud by the Judge Advocate.

Question by Judge Advocate: What do you know about this matter?

Answer: On the evening that the flag ship Estrella lay at Milton, I took the deck at 8 o'clock and my attention was called by Mr. Vassalla to a disturbance being created in the engine room. I went there and found Cooper, the accused, in a state of intoxication, making a great deal of noise. He seemed inclined to create trouble among the firemen on watch. I tried to quiet him, told him to go below on the berth deck and go to sleep. I saw nothing more of him until about twenty minutes of nine, when he came on the hurricane deck and created trouble with the quartermaster on watch. I told him to go below repeatedly and he went several times, but returned repeatedly, and I was obliged to report him to the Captain, Mr. Vassallo having gone to bed. The Captain told me to endeavor to persuade him to go below quietly. I told him it was useless, I had tried.

The Captain himself came forward, and told him to go below and keep quiet. He went off the hurricane deck, at least, after the Captain ordered him, but returned. He said that he wanted to sleep in the pilot house. The Captain granted him permission, provided he would remain there, and keep quiet, which he promised to do. The Captain then went aft. Cooper came out on deck again and created further disturbance and I was obliged to make a second report. I made this report to Mr. Vassallo, who got out of bed and he spoke to Captain Simpson about it. The Captain went forward and tried to persuade him to keep quiet a second time. At this time I was called on shore by a disturbance on the landing with Acting Volunteer Lieutenant Vassalo, Executive Officer, and Mate Mitchell, who had come on deck, to relieve me at 10 o'clock. When I returned I found that Cooper had been confined in the pilot house, in double irons, by order of Captain Simpson, and during the short time I remained on deck, Cooper made a great deal of noise in the pilot house, pounding with his irons, and using filthy and abusive language in regard to volunteer officers generally. I then went below and several times after that heard him shouting and hammering with his irons.

Question by Judge Advocate: Did you hear the accused say that all volunteer officers are sons of bitches and that he would not wipe his arse on them?

Answer: I cannot state the exact language he used.

Question by Court: Will you please mention the filthy and abusive expletives made use of regarding volunteer officers, by the accused?

Answer: He goddamned them, and made use of other language. He made use of the words "god damn you, you volunteer officers."

Question by Judge Advocate: Can you state any more definitely than you have, the words used by the accused?

Answer: The accused said from the pilot house "all you ensigns and master's mates, volunteer officers, god damn you all." I can state that he used other language in regard to volunteer officers, I cannot give the exact words.

Question by the Court: Did you hear the accused make use of the expression "sons of bitches" if so, in what connection were they used?

Answer: I don't remember that I did.

The Court and Judge Advocate having no more questions to ask the witness, an opportunity was given the accused to cross-examine him.

Question by the accused: Did I seem to you to be aware at the time you mention of what I was doing? Or did I seem to be so much under the influence of liquor as to unconscious of my actions?

Answer: I think that if the man was sober, he would not have done so. He may have been partially unconscious.

Question by the accused: Do you know anything of the character of the liquor sold at Milton? Whether it was probably of good quality or whether it was poisonous? Were its effects upon the men more marked than is generally the case?

The above questions having been presented by the accused, the court was cleared for deliberation, and it was decided that the questions could not be put to the witness and the accused was so informed by the Judge Advocate.

The accused stated that he had no further questions to ask the witness.

The testimony of the witness having been read over to him and having been admitted by him to be correct, he was permitted to retire.

Commander Edward Simpson, a witness on the part of the prosecution was then duly sworn by the Senior Member of the Court in the presence of the accused.

Question by Judge Advocate: State your name, rank and the vessel to which you are attached?

Answer: Commander Edward Simpson, commanding Flag Ship Estrella.

The charges and specifications were then read aloud by the Judge Advocate.

Question by Judge Advocate: What do you know about this matter?

Answer: On the evening of third of April, when lying at wharf in Milton, in Flag Ship Estrella, Acting Ensign Morill, the officer of the deck, reported to me that John Cooper, Quartermaster was drunk and troublesome; that he had been quarreling and would not remain below. I went forward and found the accused near the pilot house. He was very drunk and I endeavored to persuade him to keep quiet and lie down in the pilot house.

I preserved in my efforts to keep him quiet, for some time, giving him frequent orders to do so, which he disregarded, although always recognizing me and calling me by name. I then put him in double irons. After this, he became extremely noisy and violent, hammering with great force with his irons and shouting in a loud tone, abusive language particularly against all volunteer officers, calling them so many sons of bitches and in the course of his remarks, saying that he would not wipe his arse on them.

Finally I was forced, in order to restore quiet in the ship, to lash his hand and feet irons together and pump water on him from the force pump. Much of his talk was rambling and I cannot say that I heard any of the abusive or insulting language directed distinctly against the officers on board the Estrella.

The Judge Advocate having no questions to ask the witness, an opportunity was given the accused to cross-examine him.

Question by Accused: Have you any reason to suppose I was conscious of what I said as you state, at the time you mention?

Answer: Yes, because he recognized every one who approached him, calling them by name.

Question by Accused: What has been my character in the Naval Service, so far as you know, and since I have been under your command, previous to the offense charges?

Answer: I have every reason to suppose that before he came under my command, that his character was good, because shortly after, I had to present him with a medal of honor, conferred by the Navy Department in consequence of a report of gallantry on board the Brooklyn, at the passage of Fort Morgan. As a Quartermaster on the staff, I have always been satisfied with his execution of duty, and have placed a great deal of confidence in him, permitting him constantly to go on shore and allowing him every possible privilege. I have further to add, that during a terrible fire at Mobile, when a tremendous explosion occurred in the ordinance in charge of the Army, I visited the scene immediately, accompanied by the accused. A man who had been wounded by the first explosion was seen some distance ahead of us, surrounded by fire, and shells were still exploding all around.

The accused rescued that man from certain death, bringing him out on his back. For this act, the accused earned an extra bar on the ribbon of his medal.

Question by Accused: For how many hours did I continue the abusive conduct and language as stated by you, after you had ordered me to keep quiet.

Answer: I think that the first report was made to me by the officer of the deck, between 9.30 and 10 o'clock in the evening. From that time until about fifteen minutes past midnight, the noise was continued with intervals of quiet. It was about the last mentioned that cold water was administered to the best of my recollection.

The accused stated that he had no more questions to ask the witness. The testimony of the witness having been read over to him and having been admitted by him to be correct, he was permitted to retire.

The Court took a recess at 12:15 o'clock PM and met again at 12:45 PM.

Mate James Mitchell, a witness on the part of the prosecution, was then duly sworn by the Senior Member of the Court in the presence of the accused.

Question by Judge Advocate: State your name, rank and the vessel to which you are attached.

Answer: James Mitchell, Mate, US Flag Ship Estrella.

The charges and specifications were then read aloud by the Judge Advocate.

Question by Judge Advocate: Where were you at the time mentioned in the charges and specifications?

Answer: I came on deck at 10 o'clock to relieve Acting Ensign Morill, who was officer of the deck.

Question by Judge Advocate: Did you hear the accused use abusive language toward any of the officers of the Estrella?

Answer: Yes.

Question by Judge Advocate: What language did he use?

Answer: He said that all volunteer officers were sons of bitches and were not fit to wipe his arse, or words to that effect. He said that he was an American boy and would not be ordered by a foreigner.

Question by Court: Did the accuse in the course of his abuse, particularize any officer of the Estrella? If so, what was his language?

Answer: He did not mention any one's name in abuse except Captain Simpson's. I don't know that he abused him. He said that his wife and children would pray for him for putting him in irons.

The Court and Judge Advocate having no more questions to ask the witness, an opportunity was given the accused to cross-examine him.

Question by Accused: At the time referred to, did I say anything that might be construed into abuse toward Commander Simpson?

Answer: Nothing further than I have already stated.

Question by Accused: Will you be so kind as to answer the last question with either the words yes or no.

Answer: I answer no. The tone of voice was not insulting or meant to be insulting.

Question by Accused: Do you consider that I was conscious of what I said and did at the time referred to?

Answer: Sometimes he appeared to be rational; at other times he did not seem to know what he was doing.

Question: What has been my character on board of the USS Estrella previous to the offense charged since you have been connected with her?

Answer: He always did his duty freely and willingly while I have been officer of the deck.

The accused stated that he had no further questions to ask the witness. The testimony of the witness having been read over to him and having been admitted by him to be correct, he was permitted to retire.

When the Judge Advocate stated that the prosecution was closed, the accused was asked by the Judge Advocate if he desired to call any witnesses on the part of the defense.

He stated that he did.

James C. Stanley, Master-at-Arms, a witness on the part of the defense was then duly sworn by the Senior Member of the Court, in the presence of the accused.

Question by Judge Advocate: State your name, rate and vessel to which you are attached?

Answer: James C. Stanley, Master-at-Arms, attached to the USS Estrella.

Question by Accused: When we parted on shore, at Milton, on the evening of April third, in what condition was I?

Answer: Beastly drunk, when I left him.

Question by Accused: At the time you mentioned that I was drunk, on the third of April, what reasons had you for supposing me to be so? Was I apparently conscious of my actions?

Answer: I saw him staggering and using foolish language that I did not think proper for a sober man to use. I don't think the accused was conscious of his actions.

Question by Accused: When you came to me on board of the Estrella on the morning of April fourth, did I appear to have any recollection of the events which had occurred the evening before?

Answer: He did not.

The accused stated that he had no more questions to ask the witness.

Question by Court: Was the accused habitually a temperate man, or a man addicted to intoxication?

Answer: I have seen him use liquor before, very often. I have seen him drunk three or four times. I saw him drunk once four months ago. I have been shipmates with him before. I have only seen him drunk once before, on the Estrella.

Question by Court: At the time you allude to on board the Estrella at Milton, do you think that the accused could recognize persons?

Answer: I don't think he could at that time, he was so drunk.

Question by Court: How often have you known him to be drunk within the last two months?

Answer: This one time at Milton.

Question by Court: Did he recognize you when he was drunk, when you met him at Milton on the 3rd of April, 1866?

Answer: He recognized me then.

Question by Court: Has the accused had many opportunities of getting intoxicated during the time you have been shipmates with him on the Estrella?

Answer: Yes sir, he went on shore very often on liberty.

Question by Court: Did you confine the accused during the evening alluded to, at Milton? If so, did he recognize you then?

Answer: I did confine him and when I mentioned my name, he recognized me.

The Court and Judge Advocate having no more questions to ask the witness, the accused was asked if he desired to ask any questions. He stated that he did not.

The testimony of the witness having been read over to him, and having been admitted by him to be correct, he was permitted to retire.

Acting Volunteer Lieutenant L. G. Vassalla, a witness on the part of the defense, was then duly sworn by the Senior Member of the Court, in the presence of the accused.

Question by Judge Advocate: State your name, rank and vessel to which you are attached?

Answer: L. G. Vassalla, Acting Volunteer Lieutenant, US Flag Ship Estrella.

Question by Accused: What has been my character on board of the USS Estrella so far as you know?

Answer: So fas as I am personally concerned, it was good, I have not seen anything out of the way.

The accused stated that he had no further questions to ask the witness.

Question by Court: Since you have been attached to the Estrella, has the accused been habitually temperate or otherwise?

Answer: I do not understand the question.

Question by Court: How often have you see the accused drunk, since you have been attached to the Estrella?

Answer: I can not answer that. I do not know whether a man is drunk or not. That, only a medical expert can answer.

Question by Court: Have you ever put down or ordered to put down on the morning report of prisoners, the offense of drunkenness on the part of any of the crew? If so, have you ever seen the accused in a similar condition and if so, how many times?

Answer: I did put down the names of some of the crew, charged with what is called drunkenness. I have had the name of the accused on the prisoners list for drunkenness on the fourth of this month and that was the only time I had his name on the list for that offense. I have seen the accused drunk but once since I have been attached to the vessel.

Question by Court: Did you see the accused on the evening of the third of April, if so was he drunk or sober?

Answer: I saw him on the night of the third of April. He was drunk.

Question by Accused: Do you consider that on the night of the third instant, I was in my right mind?

Answer: No.

The testimony of the witness having been read over to him, and having been admitted by him to be correct, he was permitted to retire.

The accused stated that he did not desire to call any further witnesses on the part of the defense.

The accused was then asked by the Judge Advocate if he had any defense to make. He stated that he had.

The defense of the accused, hereto appended marked E was then read aloud by the accused.

The statements of the parties being thus in possession of the Court, the Court was cleared for deliberation and having maturely considered the evidence adduced, find the accused, John Cooper, Quartermaster, serving on board the USS Estrella,

Of the Specification of 1st Charge: Proved
Of the Charge: Guilty
Of the Specification of 2nd Charge: Proved
Of the Charge: Guilty

And the Court do therefore sentence the accused, John Cooper, Quartermaster serving on board the USS Estrella

To be confined in any prison the Honorable Secretary of the Navy may designate for the period of five years, with the loss of all pay that may become due that time, amounting to fifteen hundred dollars.

Captain John De Camp
Lieutenant Commander A. R. Yates
Acting Volunteer Lieutenant Felix McCurley
Acting Volunteer Lieutenant N. M. Dyer
Acting Master John Ross
Acting Master R. Canfield
Acting Ensign Charles H. Lawyer
F. M. Dearboard, Assistant Surgeon, Judge Advocate

The Court adjourned at 3 o'clock PM to meet at 10 o'clock AM April 11, 1866
John DeCamp
Captain and Senior Member

Approved April 11th, 1866, but in consequence of the good service rendered during the late war by John Cooper, the prisoner his sentence is so far permitted to read "to be confined in any prison the Honorable Secretary of the Navy designates for the period of one year with the loss of all pay that may become due him during that time, amounting to three hundred dollars."

H. K. Thatcher
A. R. Admiral

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay, Fla
April 7th, 1866

By virtue of authority in me vested a Naval General Court Martial is hereby ordered to convene on board of the United States Ship Potomac, lying in Pensacola Bay, Florida, on the ninth day of April, one thousand eight hundred and sixty-six, or as soon thereafter as practicable for the trial of John Cooper, Quartermaster, serving on board the USS Estrella, and of such other persons as may legally be brought before it.

The Court will be composed of the following named officers as members, any five of whom are empowred to act, viz:

H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

Captain John De Camp
Senior Member of the Court
USS Potomac
Pensacola Bay

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay
April 7th, 1866

Sir
You will report to Captain John De Camp, Senior Member of the Naval General Court Martial to be convened on board of the USS Potomac, on the 9th instant, at 10 o'clock AM, as Judge Advocate of said Court.

H. K. Thatcher
A. R. Admiral

Assistant Surgeon
F. M. Dearborn, USN
USS Estrella

Gulf Squadron
US Flag Ship Estrella
Pensacola Bay
April 7th, 1866

Sir
I forward herewith a precept of a Naval General Court Martial, ordered to convene on board of the USS Potomac, on the 9th instant, of which you are the senior member.

Enclosed also are charges and specifications against John Cooper, Quartermaster, and James C. Stanley, Master-At-Arms

Very Respectfully
H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

Captain John De Camp
Senior Member of the Court
USS Potomac
Pensacola Bay

Gulf Squadron
US Flag Ship Estrella
April 7th, 1866

Charges and Specifications of Charges preferred by Acting Rear Admiral H. K. Thatcher, commanding Gulf Squadron, upon the report of Commander E. Simpson, Commanding the United States Steamer Estrella, against John Cooper, Quartermaster, serving on board the Estrella.

Charge First: Drunkenness and other scandalous conduct, tending to the destruction of good morals.

Specification: In this, that on or about the third day of April, one thousand eight hundred and sixty six, the said John Cooper, Quartermaster, serving on board the United States Steamer Estrella, then lying alongside the wharf at Milton, Florida, having received permission to go ashore for a few hours, returned in a state of intoxication and became quarrelsome and noisy, and being put in irons and placed in the pilot house, hammered violently with his irons against the pilot house, refused to obey the orders of the Officer of the Deck, to keep quiet and shouted in a loud voice "all volunteer officers are sons of bitches, I would not wipe my arse on them" or words to that effect and continued this violent and abusive conduct and language for several hours and disregarded the repeated and peremptory orders of his commanding officer to keep quiet.

Charge Second: Treating with contempt his superior officer

Specification: In this, that on or about the third day of April, one thousand eight hundred and sixty six, the said John Cooper, Quartermaster, serving on board the United States Steamer Estrella, then lying alongside the wharf at Milton, Florida, having received permission to go ashore for a few hours, returned in a state of intoxication and being put in irons and placed in the pilot house, became most boisterous and noisy, refused to obey the orders of his superior officers, Commander Edward Simpson and of Acting Ensign Ely Morill, the officer of the deck, to keep quiet and indulged in insulting, abusive and filthy language against the officers of the Estrella, shouting in a loud voice "all volunteer officers are sons of bitches, I would not wipe my arse on them" or words to that effect and continued this violence and abuse for several hours.

H. K. Thatcher
Acting Rear Admiral
Commanding Gulf Squadron

Witnesses:
Commander E. Simpson
Acting Volunteer Lieutenant L. G. Vassallo
Acting Ensign F. W. Worstell
Acting Ensign F. G. Morrill
Mate James Mitchell

Defense of John Cooper, Q.M.

In relation to the charges preferred against me, I would respectfully state that on the occasion referred to, I went on shore at Milton and drank some glasses of the vile liquor sold there under the name of whiskey. From its effects, I became entirely unconscious of my actions. From the statements made by the witnesses on the part of the prosecution, I am constrained to believe that I must has made use of the language and committed the acts imparted to me - but I have no recollection of anything of the kind having occurred. I do not plead drunkenness as an excuse for my actions; the state in which I was was worse than drunkenness, induced by the poisonousness qualities of the liquors which I drank. The evidence of James C. Stanley, master-at-arms, shows that I was not apparently conscious of my actions and I did not remember on the next morning what I had been saying and doing, on the occurrences of the previous night. Acting Volunteer Lieutenant Vassallo testifies that I was not, in his opinion, in my right mind at the time referred to.

I call the attention of the revising power to my character in the Naval Service previous to the offense charged, as testified by Commander E. Simpson, Acting Volunteer Lieutenant Vassallo and Mate Mitchell and as shown by my having received a medal of honor and an honorary bar additional to the same from the Navy Department.

I have been eighteen years in the Naval Service, fourteen years of that time as a petty officer, and this is the first time any such charges have been preferred against me. My last enlistment, of two years, will expire on the 15th of this month.

I have a wife and three young children - the eldest being only eight years old, dependent upon me for their daily bread, and they have nothing but my labor to depend upon for their support.

With these few remarks, I throw myself upon the clemency of the revising authority.

John Cooper
Quartermaster

[Return to Courts Martial and Courts of Inquiry index]