Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-04
UNITED STATES NAVY YARD,

UNITED STATES NAVY YARD.
Gosport, ia. Tuesday, Feb. 3, A. d. 1924.
The Court met, pursuant to adjournment,
members present, as on yesterday.
Master commandant William B. Finch ap-
Peared, and reported himself to the President
as member of the Court: and the court being
cleared 1T was, after deliberation, resolved. that
at this stage OF the proceedings in the case of
Lieut.. Kennon, it was improper to admit mas
ter commandant w. b. Finch as member of
the Court.
The court was then opened, and the prisoner,
witness, and audience, admitted. The cross
examination of Captain Porter was resumed
Question by accused. MY question was,
/" Did you not, at the moment Of writing that
passage, sincerely entertain the sentiments and
good wishes towards me, expressed in itsn
Your answer is: 81 cannot say that had the
same reason to be content with Lieut.. Kennon,
that had to be with other officers to whom
had given similar letters" perceive by your
answer, sir, that you do not distinctly perceive
the fsoint of my inquiry. 1t was not, whether
you had more or less reason to be content with
me than with other officers; and you will per-
ceive that the information your answer affords
on that subject, brings me no nearer to the mat
ter on which my question sought information.
Having thus explained to you my wish, again
ask of you, sir, and beg direct reply to that
matter, exclusively: Did you, at the moment of
writing that passage, sincerely entertain the
sentiments and wishes towards me- expressed
in 1t?
Answer. entertained the sincere desire to
make Lieut.. Kennon my friend.
Here the Judge Advocate requested permis-
sion of the Court, to advise the witness upon the
subject of the present inquiry; and cited the
case of King VS.. Sir John Friends and the Court
asserting, the witness was advised as follows:
N pto hoo To holo hot
by direct answer to this question, or by the adj
mission that on the date Of that letter he either
did or did not entertain the sentiments therein
expressed, he may lay the foundation of any
prosecution or charge, to be hereafter exhibit
ted against him; the Judge Advocate here in
forms him, that he is at liberty to decline such
answer or admission"
Proposition by accused. If the witness, be-
ing admonished by the Judge Advocate that he
cannot answer the question without danger to
himself, shall think proper, on that ground, to
decline an answer, the counsel for the prisoner
acknowledges that the witness is to Judge oil
that; yields at once to the objection, and asks
only that the record may sliew the question, the
| admonition by the Judge Advocate, & the objec.
ton by the Court.n
| And the witness expressing his desire to sat
isfy the inquiry, the accused proposed the fol-
lowing question:
| Question. / perceive, Sir, that you do not
perceive the precise point of my inquiry. Your
answer, so far as it goes, is satisfactory; but il
goes not to the extent of my inquiry. 1t graft.
fies me to be informed, in the opinion enter
tanned at the moment of your writing that pas.
sage, that you entertained then the sincere de.
sire to make me your friend; but my inquiry i:
more precise: Did you not sincerely entertain
the sentiments and wishes towards me express
ed in that passage of your letter, Have the
goodness to satisfy me on that matter.
| Answer. When Lieut.. Kennon received
my letter, he charged me with hostility towards
him, because / had not expressed myself more
warmly in his favor; and that passage was the
| price Of his apology towards me; and / thought
at the time that | might pen it with safety, as
conceived Lieut.. Kennon would not seek to bt
under my command again.
| Question. Sir, it pains me to be troublesome
! to you, but perceive that am still so unfortu
| nate as not to make myself understood. j do no
ask YOU what did when received that letter
nor what charge of hostility made against you
nor what price paid for your permitting it t
continue, nor whether you conceived that
| would not seek to be again under your command
all these matters, will, in due time, be inquiries
into; at the present, my sole purpose is to know
the state of/our sentiments at the moment of tcri
ting that letter; and must again put you TO tn
trouble to answer. Did you not, at The baomen
Of your tcriting that passage, entertain the sen
timeuts and wishes towards me expressed Il
that passage9 would not be understood t
suggest words to you, but simplcaye or no vii
for the present, answer my purposes.
Answer I certainly was not the enemy
Mr.. Kennon, and had sincere desire to max
him my friend.
Question. must suppose that roy want