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The Court Martial of Joseph Hexter, alias Joseph Dixon
Record of the proceedings of a Naval general court-martial, held on-board the USS Richmond lying in Mobile Bay, Ala on the 9th day of September, 1864, in obedience to a precept dated September 2nd, 1864 and signed by Rear Admiral D. G. Farragut, commanding the W. G. B. Squadron – a copy of which is hereto appended and marked "A", the original being appended to the record in the case of James G. Leaner, an acting master of the US Navy – and further orders dated September 7th and signed by Rear Admiral D. G. Farragut, copies of which are hereto appended and marked "B" and "C" respectively. The original is being appended to the record in the case of John B. Fyfe, first class fireman, serving on-board the USS Richmond.
Photograph of Admiral David G. Farragut.
USS Richmond
Mobile Bay, Ala
September 9th, 1864.
The court met pursuant to the adjournment of yesterday.
Present:
Captain John B. Marchand
Lieutenant commander Wm. E. Fitzhugh
Lieutenant Herbert B. Tyson
Lieutenant Stephen A. McCarly
Lieutenant LaRue P. Adams
Members, and
Acting Ensign Alex P. Gibson, Judge Advocate.
The whole of the proceeding of yesterday were read over and found to be correctly recorded and the court proceeded to try the case of James Dixon, captain of the afterguard, serving on board the USS Richmond who was sent for and brought into court.
The order convening the court and the orders detaching from the court, captain Thornton A. Jenkins and Lieutenant commander Edward Terry – copies of which are hereto appended and marked respectively "A", "B", and "C", were then read aloud by the Judge Advocate and the accused was asked if he had any objection to any member of the court, to which he replied no.
Where upon, the Judge Advocate was duly sworn in by the senior members of the court and the court was duly sworn in by the Judge Advocate according to the act of congress entitled "an act for the better government of the navy" approved on July 17th, 1862.
The accused was then asked if he had a copy of the charges preferred against him, to which he replied that he had. He was further asked if he desired to introduce anyone to act as his counsel, to which he replied yes and asked permission to introduce as his counselor acting as Beavis Blank, US Navy, which was assented to by the court.
J. O. Davidson's drawing of the surrender of the Tennessee at the Battle of Mobile Bay. The USS Richmond is the small ship in the center of the battle (click for a larger image).
The charges and specifications hereto appended and marked “D”, were then read aloud to the accused by the Judge Advocate and he was asked:
QUESTION: You have heard the readings of charges and specifications preferred against you, how say you? Are you guilty or not guilty?
ANSWER: Not guilty to charge first and not guilty to charge second.
The accused was further asked if he was ready for trial, to which he replied yes.
Acting Master, Prince S. Borden, was called as a witness for the prosecution and duly sworn in the presence of the accused. The charges and specifications were read aloud to him.
QUESTION BY THE JUDGE ADVOCATE: Please state what you know in relation to these charges and specifications?
ANSWER: On or about the morning of the 9th of August, at 4 o’clock, I relieved Mr. Chester as Officer of the Deck and told him he might go below, as the lookouts were very long in being relieved. At 20 minutes past 4, the Boatswain’s mate came aft, and reported that all the lookouts were relieved except the afterguard and said that he could find neither a man for the lookout nor the Captain of the Afterguard, Joseph Dixon, the accused sitting there. I told him to never mind the afterguard, but to relieve the watch and then, I sent the man on lookout of the other watch to find the said Dixon, which he did in a short time. I asked Dixon why he did not look out and see that his lookouts were relieved at the proper time. The answer he made me was that he had told the man to take the lookout and he be damned or he be God damned - I do not know which he said - if he was going to hunt them up all the time. I then told him if he could not look out for his own lookouts, he might take them himself; and sent him on the bridge on the port side. He made an answer that he was able to take lookouts as any man in the ship. I told him to stop his talking. He said he had a right to talk and should do so as long as he pleased. I told him that being on board of a good ship had spoiled him and that he was not willing to do right. He said that he was not on board of a good ship, that if he was he would have his rights which was more than he had here. I told him again that I would report him to Mr. Terry as soon as he came up. The answer he made was he did not care.
QUESTION BY THE JUDGE ADVOCATE: What is your name, rank, and the position you hold in the service.
ANSWER: Prince S. Borden, Acting Master US Navy attached to the USS Richmond.
The accused having no questions to ask the witness and the court and Judge Advocate having no questions to ask him, his evidence was read over to him and found to be correctly recorded. He desired to add to his testimony, the following: I told him twice, I would report him to Mr. Terry, once in the early part of it, which I omitted to state. I did report him as soon as Mr. Terry came up.
This additional evidence having also been read over and found to be correctly recorded. The witness retired.
John Brazell, quartermaster, was called in as a witness for the prosecution and duly sworn in presence of the accused. The charges and specifications were read aloud to the witness by the Judge Advocate.
QUESTION: State to the court what you know in relation to these charges and specifications?
ANSWER: I do not know anything about it, I was on the poop, and they were in the gangway or under the bridge and I could not hear what they said. I heard them talking and that was all.
QUESTION BY THE COURT: Could you tell from the tone of the accused, Dixon’s language, whether it was respectful or disrespectful?
ANSWER: No.
The accused having no further questions to ask the witness and the court and Judge Advocate having no questions to ask him, his evidence was read over to him and found to be correctly recorded where upon he retired.
Quartermaster, John T. Ross, was called as a witness for the prosecution and duly sworn in presence of the accused. The charges and specifications having been read aloud to the witness by the Judge Advocate, he was asked.
QUESTION BY THE JUDGE ADVOCATE: State to the court what you know in relation to these charges and specifications.
ANSWER: I was standing at the Mizzen Mast about 4 o’clock in the morning on the day referred to. I heard nothing of it except that I heard Mr. Borden told Dixon to hold his noise. I heard Dixon say something after Mr. Borden spoke to him. I do not know whether it was to him or to the Boatswain’s Mate. Dixon was on the bridge and Mr. Borden was standing at the foot of the ladder.
QUESTION BY THE COURT: Could you tell from the tone of the accused - Dixon’s - Language whether it was respectful or disrespectful.
ANSWER: I think it was respectful. I do not think he said anything out of the way.
QUESTION BY THE COURT: What was it that the accused, Dixon, said after Mr. Borden told him to hold his noise.
ANSWER: I heard him mumbling, but I do not know what he said or whether it was to Mr. Borden or to the Boatswain’s Mate.
The accused having no questions to ask the witness and the court and Judge Advocate having no further questions to ask him. His evidence was read over to him and found to be correctly recorded where upon he retired.
There being no further witnesses for the prosecution, the case from the part of the prosecution was closed.
The accused was asked if he had any witnesses to call in his defence, to which he replied yes and Edwin Stewart, paymaster, US Navy was called as a witness for the defense and duly sworn in presence of the accused.
QUESTION BY THE ACCUSED: What is my – Dixon's – Christian name and rate as borne on your books?
ANSWER (REFERRING TO HIS BOOKS): Joseph Dixon, Captain of the Afterguard.
QUESTION BY THE ACCUSED: What is your name, rank, and the profession you hold in the service?
ANSWER: My rank is that Paymaster and my name is Edwin Stewart, I am Paymaster of the USS Richmond.
The accused having no further questions to ask the witness and the court Judge Advocate having no questions to ask him, his evidences were read over to him and found to be correctly recorded where upon he retired.
The accused having no further witnesses to call, he was asked if he wished to make a written defence, to which he replied yes, where upon, the court took a recess in order to give him time to prepare it.
The court met after adjournment and the accused was brought in. He presented as his defence the paper, which is hereto appended, marked "E", which was read aloud by his counsel.
Where upon, the court was cleared for deliberations and having maturely considered the evidence addressed find as follows:
That the Christian name of the accused and principal witness have been improperly written that the Christian name of the accused is Joseph and that of the principal witness, the officer who was treated with contempt and to whom disrespectful language was used is Prince J. Borden.
The court does further find as follows, viz.
That the specifications of charge first is proven and that Joseph alias James Dixon is guilty of the first charge. That the specification of charge second is proven and that Joseph alias James Dixon is guilty of the second charge and the court does therefore sentence the accused, Joseph alias James Dixon to be confined in the parish prison at New Orleans for the term of one year without pay. This sentence to be read on the quarterdeck of all vessels of the W. G. B. Squadron a general muster.
[signed]
J. B. Marchand
Captain and Senior Member
W. E. Fitzhugh
Lieutenant Commander
H.B. Tyson
Lieutenant
Stephen A. McCarty
Lieutenant
LaRue P. Adams
Lieutenant
Alex P. Gibson
Acting Ensign and Judge Advocate
Approved
D.G. Farragut
Rear Admiral
At this stage, the proceedings of the court adjourned to meet tomorrow at 10 'clock.
“A”
Flagship “Hartford”
W.G.B. Squadron
Mobile Bay, Ala
September 2nd, 1864.
Admiral Farragut's order for the convening of a court martial. The same court that would hear Joseph's case was initially convened to hear the case of James Seaver, acting master of the USS Philipi, which was lost due to Seaver's vain attempt to help the fleet. (click to see the full document)
By virtue of authority in me vested, a Naval General Court-Martial is hereby ordered to convene on board the USS Richmond, lying in Mobile Bay, Ala, on the 3rd day of September 1864 or as soon thereafter as practical for the trial of James T. Seaver, an Acting Master of the US Navy lately commanding the USS Philippi and such others as may be legally brought before it. The court will comprise of the following senior officers, any five of whom an [illegible]
Captain Thornton A. Jenkins
Captain John B. Marchand
Lieut. Commander Wm. E. Fitzhugh
Lieut. Commander Edward Terry
Lieutenant Herbert B. Tyson
Lieutenant Stephen A. McCarly
Lieutenant LaRue P. Adams
And Acting Ensign Alexander P. Gibson of the USS Hartford is hereby appointed Judge Advocate.
D. G. Farragut, Rear Admiral Commanding W.G.B. Squadron.
I certify the above to be a correct copy.
"B"
Attachment to Joseph's court martial papers. (click to see the full document)
Flagship Hartford
Mobile Bay, Ala
September 7th, 1864.
Sir,
As soon as the case of Acting Master Seaver shall have been finished, you will consider yourself as detached from the Naval General Court Martial now on session on board the USS Richmond.
Very respectfully,
D. G. Farragut, Rear Admiral
Captain Thornton A. Jenkins, senior member of the Naval General Court Martial.
“C”
Attachment to Joseph's court martial papers. (click to see the full document)
Flagship Hartford
Mobile Bay, Ala
September 07, 1864
Sir:
As soon as the case of Acting Master Seaver shall have been finished, you will consider yourself as detached from the Naval General Court Martial now on session on board the USS Richmond.
Respectfully,
D. G. Farragut
Rear Admiral
Lieutenant commander Edward Terry
USS Richmond.
“D"
Charges and specifications of charges preferred by Rear Admiral D. G. Farragut, Commander W. G. B. Squadron against James Dixon, Captain of the Afterguard, serving on board the USS Richmond.
Admiral Farragut charges against Joseph Dixon (click to see the full document)
Charge first: Using disrespectful language towards a superior officer whilst in the execution of his office.
Specification: In this, that, on or about the 9th day of August, 1864, the said James Dixon, Captain of the Afterguard, serving on-board the USS Richmond when lying in Mobile Bay, Ala, did use disrespectful language towards a superior officer, Acting Master, Bruce J. Borden, whilst in the execution of his office as Officer of the Deck, using to him the following language, “I told the man to take a lookout and I will be damned if am going to hunt them up all the time” or words to that affect; and then admonished by the said acting master, Borden that if he did not keep silence, he would report him and he did reply “you can do so, just as soon as you please” or words to that affect.
Charge second: Treating with contempt his superior officers.
Specification: In this, that, on or about the 9th day of August, 1864, the said James Dixon, Captain of the Afterguard, serving on-board the USS Richmond then lying in Mobile Bay, Ala, did treat with contempt his superior officer, acting master, Bruce J. Borden, using to him the following language, “I told him not to take a lookout and I will be damned if I am going to hunt them up all the time” or words to that affect; and then admonished by the said acting master, Borden that if he did not keep silence, he would report him and he did reply, “you can do so, just as soon as you please” or words to that affect.
[signed]
D. G. Farragut
Rear Admiral
Witnesses:
Acting Master Bruce J. Borden.
Quartermaster John Brazell
Quartermaster John T. Ross
“E"
Joseph Dixon's statement of defense (click to see the full document)
USS Richmond
Mobile Bay, Ala
Friday, September 9th, 1864.
I respectfully submit the following defence by the testimony brought before this court. It is proven that my name is Joseph Dixon and I am Captain of the Afterguard on board this ship. The charges and specifications of charges mentioned “Jas Dixon, Captain of the Afterguard serving on board the USS Richmond.” I therefore submit that in consequence of the said disagreement I cannot be tried up on the said charges.
Very Respectfully,
Joseph Dixon.
Witness
Alex P. Gibson
Acting Ensign, USN