Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-06-18

Whereupon, the accused handed in ma
per, which was read to the Court. az fnlIox,.
The papers which Capt. Porter proposes TO
me To admit as evidence, relate to matters oc-
curing prior TO all the matters of this prose-
cu''on' not the subject of any charge or speci-
fcaton at this trial one of them To matter
stated by Com. Porter, some time since INV
arrest, as one of his intended charges. and af-
forwards deliberately abandoned by him. He
mas therefore, put II out Of my power to be
prepared, by proofs, to meet these accusations.
by "a rule at justice and reason, sanctioned and
maintained, no less in naval than in civil,
courts, evidence to any of these matters is in
admissible and in no case can the principle
apply SD properly as in this case, where the
prosecutor, by abandoning the charge, deli
oera'e.y, mas prevented all preparation to repei
one OF the accusations. But stand here for
my honor, rs man and an officer, and will
waive, as have, heretofore, waived, all OBJ
jections, and give the prosecutor free per.
mission tn investigate, now, all the acts of nv
life, personal or professional, if no will do so
on principles Of reciprocity. If ne will pro
duce all my letters To him, and more especi-
ally mine of the nth April. 1898, and bis an
swers. will consent TO admit the papers he
proposes.
And the Court then adjourned to meet. at
this navy yard, Tomorrow morning, at 10
o'clock.
United States Navy Yard, Gosnort Va
~, - Saturday, January 81, A. ID. 1924
Inc court met, pursuant To adjournment
Members present, as on yesterday.
Lieut.. henBon appeared, and Captain
Arthur Sinclair was again called into court, and
cross-eSamined on the part of the defence, az
follows
Question, by 1t. Kennpn. Did Capt. Potter;
N ,..,I. n
or VI November, tell You he was The anthor of
an anonymous. putliration in the d" Georgian;''
assailing my character?
Answer. He did not.
Question. Did he, in your conversation
with him in October, or al an , other time tell
you, or Intimate IT, you that, on finding had
no concern IN the publication in the Herald,
which he deemed offensive, he would make
any PREPARATION To me, or that he would, by any
Puh"cau"n, either anonymous, or in his own
name, endeavor To correct in tn. public
opinion. the mischief that the publication in
The Georgian was calculated 10 do me; or
mat he would, by private explanation, repair
the wrong
Answes. No, sir, understood him no fur
iher than that, if he approved the publication
which L had mentioned To him, in the Herald.
and IT he was no further chafed, the thing
should rest where il was.
S"es'oh. biu ne KNOW that was in Nor
folk when he was there, in October and Nov.
last?
Answer. / think named TO him that vo,
were in Norf,lk
Question. When you read the first pubIica-
lion IN the Herald, of The eth September. did
you perceive that ii conveyed any reflection
90 the personal or official character of Can't.
Porter
Answer. No, sir, none whatever had no
thought upon the subject until Lieut.. Kennon
mentioned to me that there was aslittIe .rror
in the publication, which thought of so Lille
Importance, that advised him to give himself
no trouble. about IL
The cg"ss-examnaon Of Capt. Sinclair be-
he was directed to witbd,,yv-
and Lieut.. josiah Tainall, of the u. S. navy
being called in, and duly sworn, was examin,
ed as follows, by the Judge Advocate.
Question Al what time di,! you arrive from
Savannah, to join the U. S. frigate United
States?
Answer. | arrived on the geth Nov.
Question. Did you not soon after your ar
rival, inform Lit. Beverly Kennon, that Cant.
Porter was the author Of an article in ,hs
'deorglan,' defending himself from an attack
IN the Herald, bearing Lieut.. Kennon's name3
Answer. did, sir.
Qurstion. When did you inform him that
Capt Porter was the author
Answer. On The evening of the 2Sth No
vember.
Question. Do Jon know that Lieut.. K.nnor
ever made any use of the information vo,,
gave him ? Ii yea, what use {?
Answer. do not know that he ever mad.
any Of IL.
Question. Did you obtain that information
from the editor of the Georgian, or from his
agent?
Answer. l received that information from
a gentleman who obtained it from the editor
of The Georgian.
Question. Do you mean The court to un
nefs'and HAT this gentleman was not the
agent Of The editor OF the Georgian?
Answer. He was not the agent of the editor
ofthe Georgiao.
Question. Did Lieut.. Kennon, when Won
informed him who WAS the author Of the ar
iicle in the Georgian, say, that he suspected as
much, or words to that effect
Answer. No, sir.
Question. Had you any conversation will;
Lieut.. kennon, ON the subject of his differ
eDce with Capt. Porter, since the qualifications
in the "Ge0rSian 2" If yea, what was the ma
ture Of that conversation?
Answer. Nome that recoIlec,.
Question. Did 1t. Kennon say to you. in
any conversation You had with him, that he
was ignorant nf the author Of the article in the
" Georgian ?''
Answer. Lieut. Kennon informed me that
ne had received no definite information as TO
the author ofthe article he had heard moth
ing more than mere surmsp.
Question. st the time lieutenant Kenuon
published An article in the Norfolk and Ports
mouth Herald, containing copy ola letter