The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-11-29 00:00:00

THE COURT MARTIAL-ACQUITTAL OF UEUT.

CLARKE, R.N.

Tire court Instils' so Leak Clarks, et R.M.
Hercules, was continued last weak at Portemouth, and
concluded os Thursday.
. . . . .

The evidence in gut/Port of the prosecution given on
the first day was summarised in our 'set. The cross.
examination turned mainly upon the form in which
the prisoner was questione the promecution advancing
that he was said whether he iospected the liberty
men, the version of the defence being that he was
asked whether the= men were inspected, and the
witnesses scarcely
On Wednesday Commander Down was craw
a:endued, and stated that the "notes" as to the charge
against the prisoner was made by him during the
afternoon of the occurrence, the 4th inst. Hs made
no "notes" at nine o'clock, when the oonversatioa
between himself and the prisoner took place. The
notes were completed after the invedigation before
the captain, and they were completed from his
recollection of (eds. He afterwards stated the notes
were to refresh Ms memory. The first notes he made
were written before the mart had been reported to the
captain, and he did not know at all what view the
captain might take of it. The corrected notes wets
merle after the captain had stated be shonld prefer
against the prisoner. —Asked had be any
objection to produce or read them, the witness said
they were written as the cony/creation occurred; but
he would prefer not to producer or to read them.—
Asked "Did you not put to the prisoner the same
question as you had put to the Master.nt-Arma—
• 'lf the liberty men had been inspected this
morning?" the Commander said be might have varied
the questions, but be thought his own version correct.
The Commander's crossoexarnination wee
lengthy end in Its mares he WWI asked, "Is it juiteli
deg, a; officer has been punished for an offence, an
that punishment bee been logged, to try the same
Person by court-martial r —Witnese answered be bed
had no experience of that, and did not know.
Lieutenant 'Edward Feet* stated that be was
present no the 4th inaL when Commander Down sent
for the prisoner, about half-past nine in the morning.
The Commander then said to the prisoner "Why did
von not inspect the liberty men thinnorning, and why
idnidrwly,nrdthereporrriitionthere estordr.f.t;mblinorthedrenitary men
were reported to me bv the Master-atchrma I was is
my both. I asked the Master-at-Arms if all was
moved, and he said 'Yea' I then ordered him to
&emir them." The prisoner also said that Searle
was sober. The Commander then said "How can
you reconcile your statement to me that you had ,
Inspected the men, and that the man Bednie at one
time was sober, and then that he was drank?" The
prisoner said the man had been drinkinc but wan not
drank, and that he considered from his &optimise°s
that he was a man given to drink.—This witness was
else examined by the Court, and stated the prisoner
said euhessuuently that when in conversation with the
Commander he was so confided that he hardly knew
what he 414 say. —Witness also corroborated as to
prisoner being the commanding officer of the ship at
the time el the liberty men arriving on the 4th inst.,
sad be considered that the prisoner had not been
entity of neglect In not keeping the men on deck four
personal inspection, the weather being rough. and it
raining her 1.—My lgetthare (prisoner's friend): Con•
shiering the relations which you knew existed between
the prisoner and the Commander, did you (vela., the
Fni swains sufficient —Yee —Witness elan
In ,
rtivincroesssexr urination, stated that prisoner had been
twicne reprimanded et the 'potence, and on the report
of, Commander Down.
On Thursday, Mr. Feitham, solicitor, read the
defence, which. In reenact of the first charge, pointed
Mit the conflicting evidence an to the condition of dm
stoker, and stated that in the oninion of the prisoner,
Ike man was not drunk. With references to the
mond charge, it was contended that the whole
monition hinged noon the cirentnetmoce whether the
Commander asked if the prioriesr had inspected the
liberty men, or if they had been leept,ded, Prisoner
mood have acted legally, Mr. Faithara said. In asking
to be *melded noon punishment he had already
suffered: but he desired that details of the cane should
be tone into. The Conit,be thought. won' d not have been
troubled at all by the present charge, had it not been
that a nowt of enquiry was held, which neenhed in
prisoner's being acquitted, and Cernmander Down
ratwirnandect He charged Commander Down with
showing animus against the prisoner, losing no ()ppm,
trinity of tripping him in his dote:, and showier not •
single point in his favour. Prisoner, Mr. Feather's
said, went on leave shortly yftn. the cowl Inquiry.
and pest his name down for a seagoing chip, although
be had no doubt about being able to perform his duty
on hosrd his present ship. The prisoner felt very
keenly that he should have been severel• aimoniehed
and logged " for neglect of duty, of which be knew he
was blamelens, and when he woes more than ever
envious to carve red his duties, he found himself
entangled in • net of diflicnlties, not of his own creation.
but which he confidently honed to b• able to throw off
by the decision of that honnnrable court
Mr. Feltham said he did not sandbar it necessary
to rail any witticisms.
Certificate* from 188.3 were out in, sad gave the
prisoner • uniformly excellent character.
After deliberating for about thres-quaders of an
hoer, the Court honourably acquitted the prisoner on
both chores', and the Preamit Captain ct,Amh_,
said be had much *more In returning him his word.
Limn. cuagn'e mom

Tbe Christy Minstrels party of WKS. Hercules
sere sal entertainment on board Last we And a
lam party wad; prmaat. During the proems of the
entertainment the officers who had been to Nrhamonth
on wart martial returned to the ebbs, amongst shear
bang Lieut. Diaries. wire bad been hosourehly
acquitted of the Aug. sizing Wm. In passing
through that pert where the entertainment was bad.
the lieeteneat VIA rttereised, and these alter cheer
rape trust r the Deft ',lonatopping the eatartehmosat until
the Wiese had