Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-03-06

TRIAL or CApTAIn pDpnv


TRIAL OF CAPTAIN PERRY.
Charges oad Specifications preferred BIZ Job,
fiedta, e'pGSH az TIE Murine Corps OF the IL
md eoHlnGnding guard on hoard che II. s
JftSWe Jdrd, against 0iicer H. Perry. Eso.
e~p'an a. ihe Macy Of tic IT, S. and command.
Ch@ge Isl. ungeu,lemanly and unofficerIikc
Spee,fcdtion-In that, on the night of the
18th day of September, il, the wear four ord
ioi6, in contemp, of, and in direct violation
OF the laws for the better government of tho
navy OF ne o. ;. Oliver II. Perry, ESQ.
rnp,d 20 ~, Inc E, navy of the U. S. and in com
ni'hu OF Inc y. >. trigate Java while lying in
the harOor OF hlessina then and there. with.
ou' cause or provoeation did make use of most
aouNl'e and understandable language 70 John
siea..,' cartain in the marine corps of The u
o anu commanding a detachment or board
me e. ,. trigate aforesaid in words TO vii
.lat ne the sad John Heath, was "a damned
rascal ann .conndrel, and had not acted like
gentleman, or words to that effect.
Shdige "a. Oppression aud cruelty.
cSfeVicaf."n In that on the night OF the 18Th
.. september in the year of our Lord isl6
Of ,hs T. ~ Jerry; ESQ. captain in the navy
gaze Java, did, in the cabin of said frirats
Java, whlie lying in the harbor of uessiua
,ieh ana there, without Cause or provocation,
mo,emey strike John Heath, a captain in the
i,4a''ne co: ps OF the U. y. aud commanding
ueiaShment on board of the e. s. frieate afore
haio Deips IN contempt of end in direct viola
ron OF me laws OF the U. $. for The better gov.
ernment of the navy
(SgDed)
,.... JOHN HEATH, Captain Marines
NH"ssS--ih Lieutenant p. G. iiowle. Mir. An
Ug,SG corporal Phiipot, John Coleman, Cap
81, jf ,a.t q The proceedings Of Court Har-
~ aSSe'n6ted on board the t. s. tiigass ara. in
tAf harCof 9t pert Wahan, upon the Icf5 d., M
"%nas,y, ial' JOr tire trial 81 o. II. Perry, Esq
'@ita'H IN tae nory # The L. g.
PRESENT.
cNaPtain John Shaw, President William NJ
crane John o. Creighton, John Down Tho.
Judge darocafe o h'"iHes'
aii parties admitted, read the order of Jsaac
Shatmcey, Esq. commodore and commapder
e i,, OF The naval forces Of the o. S. in the
E'Vii aheah sea, dated Port Mahon lam
- ic'i, 1917, directed TO John shaw ESQ. a
captain IN HE navy of the u. S. CAPTAIN per
~ "pPe"ieu IN court, and being ask ed made
Tic o ,;e,,,t 70 me members OF the court.
tt nc members ana Judge advocate dn,y sworn
tue annexed charges and specifications were
te"s. captain Perry being desired to plead
10 tAe foregoing charges and Specifications.
ceeded la trial, ~ "' Pi"
the following witnesses were dnIv sworn on
re part oi the prosecution, viz. Lieutenant
ilc"iei lieutenant III Call, and corporal Phil
rot, all Of the Java; all the witnesses ,yare
ordfFedio Withdraw, except lieutenant HOWE
VINO was retained for examination
i-tNoafNs !iolrie:-! was in the ward room.
9tar rre evening OF the day specified in the
Nlaisf anu was laying In my cot directly under
t"e cdbin heard loud talking between some
persons In the cabin, and overheard cantain
fefry say he wanted me. fastened OUT of
80, ~, a. soon az got my clothes on, went into
me caoIn, there discovered cantain Perry
aud captain Heath in conversation. fhev we've
standing by The after gun in the forward cab.
~ ~; as l opened the door 1 heard captain
r.,,ai S"s solletn about feelings; believe
captain Ferry ordered him to Keep silence.
pnt "iii not be very positive about that as
SPon as captain Perry saw me- he said. sir. I
THaye arrested this man, (aIluding to captain
J''du) YOU VIII take charge of him and
nave great mind TO put him i'm iruns Je
pas not only dared to write rue an insnItin@
hi;er, bnt lie has msuiied me in nv cabin h2
tnen 9a",uessed himself TO captain Heath and
$50 "o"id serve you right If did mt Won
~ irons +; TO which captain HeaII reniied
very Wen, sir; captain Perry said don't
I'te"' toSe words again, or will knock you
~ 1Iapia.n rerry repeated these words
extended, and shaking either ms finger or his
hsi, 90 not know which, at captain Heath.
'pta'n Heath again replied, " very we'll sii;''
n'oi' T,, ,c captain Perry struck hun. | iteO
g'' ~ between Them, and captain Perry called
ms sword bur ii was not given 10 him flat
peiceIved; he then ordered me TO take him
neiOw and put him in irons, and place sentry
over hIin; during the time was in the cabin
heard captain Perry make use OF the yyord
PHpp', 10 captain Heath. [ took cautain
hSat as TAR as the hatch leading 10 the ward
f"o.n then returned and asked captain Per
~ II should put hm in irons he told me no
Deed not, but 10 put him in his stale roam md
pace sentry over him; which rider obev.
ell. lie then sent for me and observed II ,yss
TOT probable that the business would sion
were, ana requ sted me TO notice the circuni-
5'9ncss on paper as they had occurred which,
uLd 'he next morning. On leaving the can.
~, asked What order should give the sentry
VINO was placed over captain fieaib he told
no ulsht remove the sentry, bu, to coDfne
fjn to his state room the next raoruin, ga,
fam Perry told ne / might allow linn ti,c nee
20 Withdraw. VIZ 0'"0i ="
Lieutenant WCairs testimony declares none
~ ihese circumstances came nnder my obset-
vation' was IN bed at the time,
VaHess questioned by prosecutor.
'thcHi0R.-Dld YOU not hear captain Perry
orHCr ine ~ irons rirqoer.-I did not
CofPor0i Pb5iDotS test iD70ily-I was on GUARD
on use night referred to IN the Charge. / was
Sitlhs outside the cabin door Oh one Of the
match Tubs captain Heath passed and went
INTO the cabin the door was left on a lar.
heard captain Perry address captain Heath
ava say, bow dare you have the assurance ia
write me some reply was made bv c8ntaiu
Heath j overheard the word feelfurs cao
taih Perry saidif you repeat those words AGAR
@iI Nn0ck you down lie then called for the
oRcet oi the marines, and before he arrived
ne called Tor bis sword when the olHcer OF
hiiA 70 lake captain Heath aud put hiu /,
ross lieutenant Howic then led captai,
ittfih ont oi the cabin, returned and sskc,
CtPttin FerTy ii ne Should put captain Heat
~ i0ns; captain Perry ,aid no, put him il
no |1ic ropm and place a sentry over him
A. euitunrt IOuic ordered me 10 have a sen
Ify 10 readiness 40 place ovef captain Heail