Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-01


only circumstance TO dctain ne longer here, I
have to state, that the public interest Will be
hehehtted by ITS being taken rs early as posi-
oie' which beg you TO communicate To the re-
neral court martial, OF which you are Judge adj
yOcate.
have the honor to be,
With great respect, your obt. servant,
ID. PORTER.
WALTER f. JoNrs, Esq.
Judge Advocate.
Dr. Rabbit was tliereupon called into court
and duly sworn, and the charge and specifica-
tons thereof, before the court, being read to
HIM, he was examined as follows, Oh the part of
the prosecution.
Question by the Judge Advocate. Do YOU
know any thing in relation TO the charge, and
specifications thereof, Just read to you: if yea,
please state the same To the Court.
Answer. do-not: have never seen any of
the publications stated to have been made on the
part OF lieut.. kcnnon, with the exception of one
in answer 10 certain certificate signed 6 Z.
Wilson,"
The Judge Advocate then exhibited to tue
witness the Norfolk and Portsmouth Herald of
the 29th December, 1898, and the column bear
ing date the 28th same month";
Questionable pleased to examine the Nor
folk and Portsmouth Herald now before you, &
state to the Court if the piece in the column da-
signature of Lieut.. kennon, be the one to which
you have reference?
Answer.-That is the one 10 which have re-
ference.
The accused here handed to the Court the
following proposal:
''1f it be the object Of the prosecution, TO
prove, by witnesses, the several publications in
The Herald, under Lit. kennon's name, he is,
at once, Willing, to admit that lac is their author
lc fI,n
of tao Court.'
The publications are those of the following
dates: Oct. cath, 1898, Nov. 10Th, 1928, Dec.
18th, 1928, and Dec. 28th, 1323.t
The examination of Doct. Rabbit was then
resumed.
Question by Judge Advocate. Arc YOU in
possession of any facts in connection with the
publication referred to by you, which go to
prove any malicious intent on the part of Lit
kennon, in that publication
Answer. l am not.
The examination of this witness, on the part
OF the prosecution, being concluded, and the ac-
cused declining to propose any question TO him,
he was permitted to Withdraw and, Mr. Tho
mas G. Broughton being introduced, and duly
sworn, was examined as follows, by the Jutire
Advocate.
Question. Are you the editor of the Norfolk
aud Portsmouth iferalu
Answer i am.
Question. Did you publish in your paper OF
the 9th September last past, an article giving an
account of the capture ofthc Spanish schooner
Scgunda Galliego, and of the subsequent dispo.
sal of her, by the Captain General of Cuba, and
is the article now before you the one alluded to
G4ere the Herald of the 9Th September, 1925,
was exhibited to the witness
Answer. did, and the article now produced,
is the one alluded to.
Question. From whom did You get the in
formation which enabled you to publish that ac-
count
Answer. From Lit. Kennon.
Question. Did 1t. Kcnnon ever publicly CON
tradict that account in your paper, or any other
paper, until after the publication of the defence
OF Capt. Porter's character i'll the Georgian a.
gainst the irnputations cast upon il by the pub
LEGATION in your paper
Answer. Lit. kennon left town the morning
of the publication alluded TO, before he had an
opportunity ofsccing me; but his brother, Doct.
George kennon, called on me, and stated it to
be Lieut.. hennon's particular request that the
statement should be corrected in the next paper.
Question. Between the time of that publica-
ton, alluded TO, in your paper, ana that In the
Georgian, was not the life of Capt. Porter sup
posed to be in great jeopardy?
Answer. Yes.
Question Had you not seen all account ofhis
death, and have you not published such an ac-
count
Answer. [ saw an account Of his death, but
did not publish it, bccauscI beIiey ed it to be a
fabrication.
Question. When was the article TO which
The one in the Georgian was reply first public
Iy Coutradlctcd, and at whose instance?
Answer. IL was first publicly contradictcd
in the Herald, of The goth October, and at nv
own suggestion.
Question. When dill tic article in the Geor-
gian first reach YOU?
Answer. On the 10Th October
Question. When 1t. kennnn furnished YOU
with the information, upon which the publcatj-
on in your paper of the 9Th September was
founded, did he not express it his opinion that
the Scgunda Ga!liego piratical vessel?
Answer. DO not rccoilcct that he did.
Question. Did 1t. kennon ever inform YOU
that he believed Capt Porter 10 be the author
of the article in the in the Georgian prior to the
publication of his reply to it of the 10th Noycm-
Der?
Answer. Never to my knowledge.
The examination Of Mr.. Broughton OH the
part OF the prosecution being concluded, he was
cross examined as follows by the accused.
Question by accused. Did you apply TO me
to obtain tie information on which you wished
to make your publication Of the 9Th September,
or did / go to you to communicate the inforina-
ton?
Answer applied TO you.
Question. Did express any objection to
publication at all, on the ground that it was
perhaps improper 10 anticipate the official pub
LEGATION, if deemed 10y the general government
Of sufficient Importance 10 be published
Answer. YOU did.
Question. When, at last yielded to your
wishes tomatc publication on the subject, did
! put into your hands copy Of my official letter
II IL,
Answer. You did, and you also informed me
fllnf II ,qas corY Of rnnr nfIicinI lotion 70 Cn.a