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


court hereby grant.
q. Did you not, on the quarter deck of this
| sh'i', on the evening of the 10th OF Sept. when
came To You by your orders, tell ,ie had
been seht Tor several times, and that had seat
| you word was sick, aud did 1 not, on that oc-
sas'ou, reply to you that Tas unwsli, and had
| been SO oil dayi
A. have no recollection of your telling me
9. Did not lieutenant Howlc inform you be-
fore came on deck, that l was UNIV eIl9
A. He did 80.
q Was not lieutenant Howle attending to
sending up from below and mastering the ma
rin.s when you sent for ne on the evening OF
the 18th of September
A. beEsve be WAS. directed him 50 TO
do.
q. What reason have you to suppose that,
my complaint Of indispos,tion, on being sent
for from deck, was "a subteriuge OF an excuse
TO evade my daiyf
A. supposed that an Sctive officer, OH such
an occasion, even il ke was little irdisposed
ought to have come Oh deck.
q. Have YOU any reason to question my We
racityf
4. 1 must have had some reason from the
circumstance of your not appearing OH tile SICK
list This Is the universal custom of the SER
vice aud of this ship, and ani entitled to the
services OF ali my men and officers who are not
so reported.
q. Would it have been proper for me to
have ordered a boat and sent officers aud men
ders
A. Certainly not, Yon msst first obtain per.
mission from myself or from the executive of
ficer.
q. Did you not prevent my taking any fnr-
ther steps than did TO secure the deserters,
by telling me YOU had no further use for sny
services ON board. and ordering me below
a. Certainly. Iouwere Suspended aud sent
below. and could not, OF course, take any fur
Their steps
q. What do yon mean 10 be understood by
the words in the third specification of the first
nh
time to write TO me y letter of that Kind 2"
"A. What n.eant by that was your sending
me the letter ut night. l think II about
eleven O'Clock. This, L consider, very i'm
kind.
q. Do you know at what time I sent you this
letter?
\. found the letter in my cabin, on my la
bile, when returned OF board. l had leif the
ship about an hour before.
u. " nat do you psrcftrs, in the letter adj
dressed IL you, requesting all investigation of
NY conduct, TO be either improper OF repre-
hensblet
A. have already expressed my entire dis
appreciation OF the letter. 1t is before the
court. for them to judge OF.
q. Do you not think that every officer, when
laboring under a suspension from duty. and
conscious himself that he is injured has right
TO request an investigation oil his conduct?
A. AT n suitable time.
q. What was the language yon addressed TO
me on approaching you in your cabin, the
night Of the 18th of Septenber,
A. addressed myself to you with some de-
gree OF warmth, but respectfully. l enQuired
why you chose such time To write me letter
OF that description.
Captain Perry not being bound TO answer
the foregoing question, the reply which he has
given TO ii is II voluntary one, and the court
direct that ii shall be SO noied.
q. After you spoke 10 Inc concerning the
letter wrote 10 you on the evening of the 18th
of September, did l not reply To Won III this
manner, to this effect: that / was very
sorry yOu had construed the letter into inso.
ieuce, as il was very far from my intention TO
Insult You, my object being to obtain arrest
aud chargesi
A. At some period of the conversation you
| assured me IL was not your intention 10 insult
me, but your conduct was so much at variance
! with Your assurances, that paid no attention
| 10 them.
| q. On finding you Rnch irriiated in your
| cabin, on the evening referred to, did NOT
attempt TO leave the cabin, when you ordered
mt to re mann
| a. Yes: he did so, but told him to remain;
| that was not yet done with him. I then sent
for the second marine officer, aud arrested cap
| tain Heath.
q. Did not report to you On the evening
| OF the 10th OF September, tho marines who were
absent, and WAS not my report made ia very
respectful! and explicit msnEera
| The evidence for and against the prosecution
| being here closed, captain Heath moved the
! court to allow him until Saturday morning IL
CLOCK, 10 prepare hle ueteuce, which Was
| granted accordingly.
The court adjourned, to meet on Friday
morning, IL o'clock.
The court met aud adjourned, to meet on
Saturday morning, III o'clock,
Saturday norsing, JGs3ary :, 1917.
The conrt met pursuant TO Appointment
Present, the prs,ident, members, and Judge
advocate. Captain Heath appeared IN court,
| aud being called upon, addressed the court, a
| copy OF which address il hereunto annexed.
4 lie court was then ordered 10 be cleared,
aud the whole of the evidence re ID over by the
| judge advocate, and the following sentence
| pronounced.
SENTENCE.
The court. after mature de,iueration or tile
| testimony addHced, and having weighed and
| considered the whole matter, together with
| what the prissHer had TO otter in his defence
| agree that the charges are in part proyen.-
| The court doth, in conformity thereto, find
| the prisoner guilty of the first charge, and
| guilty of the first ard third specification OF
! said charge. The court also find the prisoner
| guilty OF the second specification OF the first
| charge, so far AZ il accuses the prisoner w,th
| writing aud seuding the letter, but acquit linn
| of using language therein highly improper TO
| be used to his commanding officer.
| Ihe court acgW,t the prisoner of the second
| charge, and of oil the specifications annexed
| thereto, aud hnd him guilty of the third charge,
4 aud the specification To said charge. HE
court doth, therefore, from the circumstances
| Of the case, adJudge the prisoner to receive a
| prIVate repriInand from the president OF The
\ court, and he is hereby sentenced accOro,H-Iy.
| (SigUed) JOHN SHAW, President.
WILLIAM CRANE,
| 3OHN ORDE CREIGHTON,
| JOHN DOW MES,
JOHN HALL,
| GEORGE w. ROGERS,
THOMAS GAMBLE.
| II. vi. BRECkENRIDGE, c. NC.