Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-04
LLEUT. KENNON's TRIAL
(coNrINuED.)

CONTINUED
UNIrEp STATES, Navy Yam,
Gosport, ia. .Monday, Feb. 2;i, "A. ID. 1924.
TIC court met, pursuant to adjournment.
Members present as ON Saturday
Lieutenant Beverly Kennon, appeared, and
Captain David Porter, of the United States Ma
Wy being introduced, and duly sworn, was ex-
amincd, as follows, by the Judge Advocate.
Question. Had you any diiIiculty with Lieu
tenant Kennon, previously to his return to the
United States, from the West Indies, which re-
sultcd in an explanation between you?
Answer. Yes, sir.
Question. After this explanation, did Lieut.
Kcnnon offer an apology, or did you extort one
from him.
Answer. eracted one from him.
Question. What were the terms and condi-
tio-- osthat apology?
Answer. That l would allow him to carry
homo with him the same compliment in the or
ders had given him, which had given to o.
Their officers.
Question. Are you in possession of any
facts connected with the publications in the
Herald, winch go TO prove the malicious intent
of those publications? If yea, be pleased to
state them.
Answer. On two occasions had difficulties
with Mr.. kennon, in my command abroad; and
never had difficulties with any officer similar
= SITUATED under my command. The day
lowing day, l exacted an apology from him for
an offensive letter which he wrote to me, char
gng me with Injustice A note which | wrote
TO him, brought him, on board the Sea Gull !;
i convinced him, tat least he seemed to be
convinced,) that what he charged me with
was not correct; showed him the orders under
which other officers had gone home, and COM
pared them with his; hecould find no difference,
and then l demanded an apology from him !;
Lieut. Kennon attempted to excuse himself un-
der the wrong impressions he was under. md
stated TO me that l ought to make allowances
for them. j informed him that he had charged
me without an explanation, and that nothing
less than unqualified apology would answer;
otherwise must strike out from his orders the
compliment had paid him. Mr.. Kennon, af-
ter some hesitation, then acknowledged that he
had done me an injustice, and made IN apology,
the terms of which dictated to him, by saying:
'you ought at least, to say that you done me
an injustice, and that you regretted it." He
then asked me if would permit him to take
back the letter he had written me, and which
had given offence; told, him 'syes;"itis lying on
the settae, take IT, never wish to hear of the
SUBJECT again. He took the letter, and, in my
presence, tore it TO pieces don't know that
any thing passed between Lieut.. Kennon, and
myself, afterwards, or that saw him again be-
fore he sailed; don't know of any particular
necessity of my seeing him again, and he sailed
in day or two.
Here the witness was going into detail of
facts connected with the detention of the Sc
gunda Galiego, when the accused offered the
following proposition
GLOW transactions occurring in the West In
dies can affect the question Of malice in the pub
LEGATIONS, more than any other act in Lieut..
hennon's life, the prisoner, with great defer
cnce to the Court, cannot perceive. He has,
however, no objection TO the inquiry, provided
1t be distinctly understood, and entered on the
record, that he is at liberty TO use the same Ii
cense in investigating the motives of Captain
Porter, and the acts Of Captain Porter, in res
poet to the Galliego, all other matters which
may tend to!ix the charge of malice on the pros
contor, AM THIS ro2el the attempts, by these
circumstances, to fix it ON him.
The Court was cleared, and after deliberation,
il was resolved, that it was improper TO go into
the farther investigation of the accused while
undsr the command of Com. Porter, in the West
Iniies. Aud the Court being opened, and the
accused, witness, and audience admitted, the
examination Of Captain Porter, was resumed.
Question. Have you any knowledge of de-
clarations on the part Of Lieut.. Kennon, to olh-
or persons, either citizens officers, which
in connection with the facts stated by you, OF
the publications referred TO, go to substantiate
the malicious character of those publications
Answer. I only know Of the publications
themselves, and the facts which led TO the bad
feelings which produced them.
Question. Has the general character o.
Lieut.. Kennon, while under your command
been strongly marked by INSTRUMENTATION, and
aspirit Of disafFection3
Answer. MIR. Kennoa was not long enough
with me at any one time, TO form any estimate o
bis general character an officer
Eross-exaniDcd by the accused, as follows
Question by accused. Is the letter now pro
duced to you, bearing date, ''Sea Gull, Por
Rodgers, 18th August, 1925" and beginning
sir; - protesting to be letter from you to me
agenuine, original letter from you to me, signec
will. your proper hand ~
Answer. Yes. .zsa
Question. Itcontains tic pressions, ''witl
assurances that it will ever afford me pleasure
10 be associated with you on duty; please to &C
ccpt my best wishes for speedy, and pleasan
passage, aud happy sight of your friends
Very Respectfully
Your obedeut servaDt.
ID. PORTER
"Lieut. Comd't. BEVERLY KEN0oH,n