Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-03-03
PERRY AND HEATH.
CONTfSDE0.

-
The court met pursuant to Adjournment
Present, the president, members, and Judge
advocate.
Captain Perry being called upon 20 give his
evidence in the case, addressed the court 10
thu ia1iowing purport:
Permit me, gentlemen of tho court, before p
commence my testimony iSsSShserve, that
have been upwards of eigh eSi = Years ia the
stood before a court -Inariiais AZ Ile prosecutor
and captain Heath is the 81, ,iirarine officer
with whom | ever had any tiif1%nlty Amongst
that class OF officers there are many who from
spect tor, AMI ii is with extreme regret that /
have been compelled to bring charges against
one OF the corps. How much have looked
over in tie conduct OF captain Heath, he we'll
knows. Whenever he has acted improperly, iie
has only received frienily a3Inonition and mn.
til the evening of the 18th of September, re-
spertful and kind treatment.
Captain Perry was then duly sworn. and
stated as follows :--On standing into the bay
of Naples, at the time referred 10, in the
charge, observed marine come on the quar-
ter deck. in very dirty condition. although an
order hal been Is ned before, that every per-
son should be particularly clean In their dress
I sent for captain Heath or called to him, do
Not recollect which, and pointed TO the marinei;
captain Heath approached me In manner
which thought INDIGENOUS, and unbccominF
i told him, that man In the dress and conditi.
on Qt the marine, was disgrace TO the shin
endT believe said to the corps. He replied
he had reportela want Of cioiliinz. and If he
marines were nor clean. he could sot helm il
then told him Ii he could not I woaiI find
acme one that would. l leant oyar the ham
mock cloths. to suppress the feelings occasi-
ened by the condact OF captain Heath On
captain Heath's sending me the letter which 10
now before the court, and Of which ronrlsin
sent for him to come in the after cabin /
merely asked him the Occasion of IiI, sending
me such a letter--He assumed at once man.
nerwhich was Irritating, in the highest degree
both i'll person and in looks shaking his head
at me this had the effect which might ha We
heen expected, aud expressed my indignant
on IN warm terms. After some farther con
versation, ordered him 70 be silent and sent
for che sec nd marine officer. Captain Heath
paid no attention 10 my orders. Previous to
This asked Ii i'm If he was aware 10 whom lie
was speaking all where he was. He replied.
IN an Insulting tone, and throwing himself
back, with a contemptGous smile, said he pre-
sumed he was speaking TO capt.iu Perry, and
was in the java's cabin, or words 10 that effect
Il arrested; and repeatedly ordered hin, to
he silent, He continued TO reply until he was
taken ontof the Slhin, and all my efforts to
make him keep silence, were Intellectual
When the marines jumped overheard and
after had got on deck, asked for captain
Heath; TO my surprise he was not on deck |
was told he was sick il was the first time |
had heard of his being so. l enquired repeat
e6iy the nature of his indisposition. No one
cOGid tell. then ordered him on deck When
he made his appearance there, he said nothing
abOnt his indlsposltioD nor did find his
name on the sick report of the surgeon the
rext'day; neither have beard since, that he
really was indspoSed. l directed him to mus
ter ,he marines. After lapse of some time,
being extremely anxens to know the number
ct men who had deserted | sent for him, and
demanded why he was so dilatory yhe replied
the marines were mustered ash cd WHY he
had not reported he said he did not yet know
how many gone. After some further de-
hy,I at length obtained report not howe.
ever iu the short time stated by LIEUTENANT
sasorr fHa,.
atleast, after got on deck and after I ha Il
given the order to master the marines that I
obtained the report a length of time which
deemed altogether unnecessary.
The following is a copy OF the letter referred
80 in the foregoing testimony
u. y. trigatg lara, IIessiHd, 18th Sent. 1e 10.
SIR-On the evening of the 10th instant, |
vas ordered below by you from the quarter
deck IT Iiis ship, with these words, or to thi,
effect: g" have 10 further use for yonr scrvi-
ccs on board this ship"
Ibave waited until this moment TO know
why have been thus treated. and, beiar ir-
nosani OF The cause, request my arrest and
ctarges.
Very respectfully, Your ohedieBt servant.
(Signell JOHN HEATH, capt marines.
Ca.Ss q. n. Perry, commanding u. s. +. JSra.
Cart. Perry gpe,fioHed by The eOHrt. ~
q. Was it in the forward or after cabin that
this conversation with captain HEATH took
place
A. A partin tie forward and a part in the
O. " hen captain Heath replied that he was
speaking to captain Perry, &C. &c, did he
smile
\. Yes lie had ssrd6nic grin on his face
snd cOniemptnOus l0ok.
q. Was any other person in the CABIN al the
time
A. NJ. Anderson, the consul at Tnnis. was
present. lie is a very material witness in the
D. case, and regret very much that I cannot
haze the benefit Of bis testimony
The ,citnsSs questioned by The prisoner.
q. What were the precise words which
ueed in reply to you relative to the dirty ap.
pesraucR OF the marine alluded 10 ~ tie fifsl
specification Of the hfst charge, and which
you say was ipsolemt, disrespectful and con
tsmptuOus
a. do not rccollect the precise words.
q. Nby did yuni not arrest or suspend NE al
IN time, concciymg, ~ y0O did, that MY con
duet mcritcd u
Captain Perry objected answering this rues
tl0n and submitted q 20 the ccuit. Tie c0ufl
was then cleared. and u was decided gbat tis
question was AN improper one. end the gitues,
not bound 10 answer &C. The parties 9er,
thea admitted, AVID the determination 81 shs
court made known. Captain Perry cxpi1ine,
tlsat he only objected 90 tie question from 1
sense Of is iuutihty In the cafe. lie Wouit
now, however. give voluntary trtNcr 20 th,
question, in Oidel 20 Tcn'0y0z py &rpfess % Is