American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-05-24
NAVAL COURT MARTIAL.


Copu of the Finding and Sentence Of The Narat
General Court Martial held on board the Y >.
shin North Carolina, "a, IN the case Of Mid
shipman .alecander Yam dyke, Feb 1926, togeth-
er scith the Decision of the President IF the
United States.
The Judge Advocate having read The entire pro
|ceedings in the case of Midshipman Alexander
IVandyke, and the Court having carefully and delib,
Ierately weighed and considered the testimony IN
support of the charges, and that adduced by the &C
!cused, and his defence, find the specification OF the
first charge not Proved and the prisoner not guilty
Of said charge. The court find the specification Of
I'd charge proved in part, and the prisoner guilty
Of The charge Of dsrespect TO his superior officer
And the court find the specification OF SECOND
charge not prored. and the prisoner not guilty o.
I'D charge
| The court find the specification Of 4'h charge
proved, with the exception Of the words malicious
y and that the prisoner is guilty OF the said charge
Iof ." conduct unbecoming an officer and gentle
man." and that the charge falls under part OF the
Sd article tor the better government OF the Navy
passed April %, 1900.
I And do adludge the said Mdshipman Alexander
Van Dyke to be dismissed from the naval service o
the United States.
DANL. T. PATTERSON, Presdt.
RoBT S. BRooKs, Judge Advocate.
The finding Of the Court, under The first ant
third charges, is approved The finding under
he second and fourth charges, is not approved
The specification OF the charge OF disrespect Il
his superior officer alleged, is the writing Of let
ter 10 the Secretary Of the Navy, requesting 10 b,
removed from the ship, without consulting his su
perlor officer. The only evidence given of the fac
was the acknowledgment reluctantly drawn from
Midshpman Van Dyke himself; neither the letter
nor any evidence that it had been sent TO the Seer,
tary, was before the Court, although the production
OF the letter demanded by the accused. Tht
same is 10 be observed oil the order from the Nav,
Department, the dsobedience TO which constituted
the alleged disrespec to his superior officer stated
in the specification. Neither the order its spe
cifc purport nor the fac, that its existence wa:
known TO the accused, were in evidence before The
Court.
In the judicial administration OF all criminal law
lit is rule that every penal sentence must upor
the coincidence OF the allegations with the proofs o
the charge The specification ofthe fourth charge il
this is, that the accused falsely and malicousiy
represented to some officers, or other persons, a
Point Comfort, that his commanding officer hao
collared lieutenant, or that it was currently
ported on board the North Carolina that he had col
Jared salingmaster, and cursed mdshipman
The Court expressly exclude the word " malicious
"" from their finding and i. was in full evidence
before them that the report which the accused i:
charged with having asserted at Point Comfort te
have been in circulation on board the North Carroll
ma, had, whether correctly not, been so in circu
lation The falsehood and malice alleged in The
specification, are both excluded from the charge a.
proved: the falsehood, by the evidence before the
Court, the malice by the finding OF the Court anc
with them disappears all the penal matter Of the
charge. The facts were not proved as alleged, ant
he Of he ia thpraf Il
This decision is not intended to convey the opinion
that the conduct Of Mdshipman Van Dyke wa.
correct. The avowal that he had written to the
Secretary OF the Navy, and TO members Of Congress
with view TO be removed from the ship, made ap
parently in spirit OF Defiance was dsrespec,!ul Il
the commanding officer, and although not sufficient
lily aggravated for dismsson from the service, de-
serves to be severely reproved.
JOHN QUINCY ADAMS.
! .9nterican Calicoes.-We were on Thursday las
| r.. lit.