Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-02-28

OF be- dnwell before ht appcarcd ga deck;
HRsigtr. Ia a iew MINUTES III a very short
tine, for man who was in,Led and had 10
dress himself
Question. Was the conduct % captain HEATH
prompt and active ON this oecdsiOn, or other-
wise :
.iasrer. He turned out, suppose, as soon as
he could, an3 he hurrcj the sLrgeanis IN uer
,luiY.
Qsrs,ila Did capt, Heat, make auv effort,
tomuSler the m;lshrs au'i ascertain who MAS
absent before capLperfy tiiyectc. hip 10 "a >0'
AaSrer. The marines were got Oh deck near.
Is aS soon as capt. Heath got there. he was in
conversation with capt. Perry Wsen came ~.
Question. Dad captain neath make those eN.
ertIUns that the occasion called for
ARsrer. rs lar as was in his p1wer, / sup
pose, he did. The.o was no delay in getting
The marines Oh deck. had them on deok as
soon as captain Heath got there.
Question. Was captain Hcata so much indis-
posed, as, in yonr opiaiCn, TO be incapable OF
attending Ia his du;s:
AaSsrsr. 1, mi.hi have been an Inconvenience
10 him to attend 20 duty, notwithstanding lie
dad so.
QRestion You have stated that capt. Heath
ATE supper after he came on board, did lie eat
hSnti,i
AaSwcr. did net ob,ervc what he ate.
QaesfiOR. Did captain Heath report has case
To the surgeons
-Aas,cer. L do not Know. L do not know
whether he was "u boar,i.
Tie witness states in relation TO tic third
charge. that when he entered the cabin, capt.
Perry said 10 h,;n, Sir, have arrested th.,s
man he has not Onix dared To write me AN in
shifting letter, but he has ia>uitcd me IN nay
cabin" The only words heard from captain
Heath were abOHt feelings. Captain Perry
ordered him 10 keep silence, OF he would put
him in irons. Captain Heath said very well.
Captain Perry then told him IL lie repeated
those words again he would knock Him down.
Captain Heath again replied very we II ; upon
which captain Perry struck hun. He then or
dered me TO take him out and put HIN in irons.
L conducted clptniu Heath out OF the cabin,
returned and asked captain Perry il l should
put him in irons. lie told me to coniine him TO
us room and pat a sentry over him.
FITNESS questioned By TIE court.
Question. Were captain Heath's Language
and manner respectiulor diSreSpectful to capt.
Perry at the time specified;
AasIrcr. did not conceive them disrespect-
tul. The only words L heard him say, were
" very well" His gestnres did not observe.
Question. Were those words uttered in Il
contemptuOuS manner?
daSwer, l did not conceive that they were.
The court adjourned - meet OF Wednesday
morning, ten O'Clock.
"wednesday noraing, January st, I5i7.
The court met pursuant 10 adjournmpnt.,...
Present, The president, members, and Judge
advocate.
The icitncss questioned BY The prisoner.
Question. When yoa WAS first apprlsed of the
the evening ofthc 10th September, did you net
know that had retired 10 bed and believe me
TO have been unwelif
ARsrer. l believed YOU TO he unwcll from
retiring, and from your saying so.
Question. Did YOU receive anv orders or in.
strnctiou from me to muster the marines 10
discover who were missing, and TO take proper
steps to recover thems
IAS,cer. ! received orders from capt Heath
through midshipman TO muster the marines
90 N nj
10 the duty, that he himself was unweIi. 1 re-
ceived no order which related 10 the recovery
OF the men,
Question. After came on deck, aud had the
marines mustered and reported to captain Per
ry, de You believe that had in my power TO
have made any further eXertons tor their re
covery
Ansirer. No, 1 did not think you had
Question Was careless and indifferent in
mastering the marines after came Oh deck on
The evening of the 10th September?
Ansrer. did not perceive that you were
careless about it. After you were done with
captain Perry, you spoke TO ard hurried the ser
geant.
Question Have YOU any reason TO believe
from my general character ard conduct on
board this vessel, that l would descend TO a
falsehood or subteriuge in order to evade my
duty
Ans,cer Not the least
Question Frem the observations Which yom
made in the cabin on the evening OF the 18th
September, when was in Conversation with
captain Perry, do you not think that my IAN
guage aud department towards him were ex.
tremely toGbearug and mild
Ans,cer l should suppose il was mild.
The witness withdrawn.
Doctor Parsons, surgeon of tile Java, duly
sworn.
Question Was captain Heath On the sick list
on the evening or the 10Th September, or did
lie report himself To yOu at that time!
.ins,cC. He was not on The sick list on that
evening. He complained to me on the follow
lug morning OF slight indiSpOsition. He did
not report himself TO me Oh the evening of the
10th September.
Witness questioned by prisoner.
q. Were you OH board this sliip carly in the
evening ct the 10th September?
a: do not recollect beipg out Of the ship
on that evening.
.. Have | ever endeavored TO eyade my du-
~ by feiguing indispoSitIon, or alleging as an
cAcnSe, the subtrrtusc of being sick
A. donot rccoilect that captain Heath O.
yer Icigned iudispOsi,iOn. He was actually in.
disguised when he applied for my assistance.
q. DO not causes OfindispositIon often occur
which disqualltv mau for the exercise Of du-
ty, when there is no symptom apparent to
person unacgnainted with medicinet
\. Sach eases do occur.
q. c. aid he then form an opinion Of the ex-
isteDce oil Such indISpOsitiOnf
A. tie cOnd not.
The Witness Withdrawn.
Lieut. w emerson examined by Inc prisoner.
q. You are the executive officer OF this
ship, did YOU convey ia me the order which
you received from captain Perry when going
INTO Naples OIL the I'D July, for the ships
crew 10 he cIeaEed?
a. The order was promulgated throughout
the ship in the usual Hamner. ! cannon rtcol-
lect whether or not captain Heath was peel.
ally notified 0fIi.
q. You say that my manner Of replying to
captain Perry relative to the dirts Appearance
of the marine, was disTespectful; was IL also
COMBINATIONS on insulting