Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-08

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"The answer hero will not convict the. wit
ness ola crime, or subject him to punishment.
or enforce on hun dishonor, whether he answers
negatively or Automatically.
To which the Judge Advocate replied That
II the answer to the question proposed on thu,
part OF the accused, subjected the witness mere.
~ to inconvenience, or to unpleusapt fecliuqs.
he admitted that the rule which the Court had
adopted in his favor would not hold if the an
swer subjected him merely to a civil action.
that then the rule would not apply. (Sec sta
tute Geo. 3, c. 81, and Phillips ON Evidence,
vol. l, p. $685. Am. edition.
Hut should a witnesses situation, like the one
present, be compelled to answer such oues-
uon according to. its terms, and should give, in
his answer, the name of the real author, that
person might be summoned to prove that the
witness was thc publisher. 1.-THE publication
were lbellous, and tending to breach of the
peace, prosecution would lie, moro especially
IN the case of an officer were the statements thus
established against him, proved false and nalici-
Gus, there can be no doubt, but that a FONDA.
ton would thus be laid for charges and all pros.
ecutions before military tribunals partalsc of the
nature of criminal prosecutions.
The Judge Advocate, thereupon, conceived
that the. rule adopted by the Court applied in
the present instance.
And the Court being cleared, decided, that
the rnle applied to the witness in this case, and
thai his answer should remain upon the record
in the terms IN which it was given.
The Court was then opened, their decision
read, and the 'cross-examination of Captain Por-
ter resumed
Question by accused. Is it that publication
IN the Herald, now shown you,,of the 9Th Sep
TENDER, (scc appendix, extract marked No. g.
the one that you alluded to in the first spccifica-
ton OF your second charge, for your charge and
specification do not specify the particular 1,ub-
location, in the Herald, to which that specitica-
ton refers
Answer. allude to that statement
Question. Do you know, Of you,- oum know-
ledge, that did publish, or cause to be pub
lishcd, that statement,
: Answer. do not sir.
Question. When, and where, did Won first
read or hear of that publication of the 9th Sep
tember?
Answer. 1t was handed me by an officer in
st. Mary's, some time previous to the publica-
ton the Georgian.
Question. After seeing that publication in
the Herald, and before the anonymous publica-
ton In the Georgian, did you make any appli-
cation TO me, or make any Inquiry whether the
passages in it, which you deemed offensive, had
been authorized by me, or had given them the
sanction Of my name?
formation desired on this subject
Question. Will you be pleased, sir, to tell
the particular passages of that publication in the
Herald, which you conceive calculated TO in
]ure your character as an officer or man.
Answer. The article goes ON to shew that
this vessel, Segunda Galliego, was nothing more
than pirate; all the circumstances stated, are
sufficient to impress upon the mind of any man,
that She must have been vessel of piraticaI
character, and, as such, it was my duty to hold
on to her until could receive every proof that
she was not vessel of that description. After
going thus far his narrative stops short, and the
subject is continued thus: ssIn addition to the
above, we learn, sc. &c. (thus putting the yes
sci entirely out my hand, into the hands of an
other povcr) which was not the fact. Again,
those lines commencing with the words, sswith
friendly communications and ending with the
words "to him, which was not the fact Again.
sGen. Wives accordingly undertook" ending
with the word ''discharged," which was not the
fact, (see the whole publication In the appendix
marked No. c. And had these been the facts,
should have been unworthy of wearing the
epaulets which are now on my shoulders.
Question. If understand you then, sir, the
aforesaid passages in the publication of the 9th
September, are those beginning with the words
s'ln addition to the above, we learn" to the end
of the publication
Answer. No, sir. You are not to under
stand me thus, it is the whole publication con-
necsed with those passages have cited, which
gave offence; his narrative stopped short exact
iy at the point when it was likely to produce an
impression unfavorahle TO myself.
Question. The first part of the publication,
from the commencement to the part beginning,
"Fron Lieut.. Kennon we learn the particulars
of the capture and dctcntion,n all relate to the
arrival of the Weasel, state OF her crew, sc. &C.
is there any thing offensive in that part of the
Answer. No, sir there is noting offensive
in it. This is the first time have ever read
Tat part, to my recollection.
Question. The next part Of the publications
and terminating at the sentence just before the
one beginning SIN addition to the above we
learn," all relate to the capture of the Segunda
Galego. Is there any fact stated to you in my
official letter reporting the capture? If there
be any such fact, be pleased state it.
Answer. The facts stated in that part of the
publication are as they were stated in your Off
cial report ofthe capture of the Segunda Gallo
go. have no reason to doubt the truth of
them, as far as they go, but they do not disclose
the whole truth.
Question. Was any fact omitted in that part
of the publication which had been stated in my
official letter to YOU il there was, be pleased to
state what fact was omitted.
Answer. know of none omitted / complain
of the narrative not continuing till tle result of
tho affair with the GaIliego.
Question. After leaving Savannah, did you
Put into the port of Norfolk on your way to
W asinngton, and at what time were you there,
and how long were you there2
Answer. | did; October 23d was the time of
my arrival, the day after my departure, pub
location appeared in the Herald announcing my
arrival, and accompanied by publication Of
Lieut.. kennonls, Here fhe witness referred to