Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-09-06

disposed TO indulge him with the violation of his order
or an extension of his permission at hi, will anc
pleasure; aud. above all, whether he intended dcsr
eu mat the government should be msnormed deceiy
Gu about the true situation of Mr.. Weaver. This mus
Ter roll was brought by the purser the accused will
tnis remark annexed TO the name of Mr. Weaver-"or
leave of absenCe:n which the accused added M IN,
time, in his wrDg''in charge of stores 10 Aur
l. 1892" This roll was transmitted to the Navy De
parnent, by the brig Dick, but, with some Others has
not been found in the Department. IL fully appriz.,
the Secretary of the state of the fact about Mr. We,
yer, that his leave of absence extended no farther thar
the lst of August, 1922.
Esd Specification,
and The last on This subject charges that in November
1894 the accused caused the PuIser of the shin to
on the muster roll that Mr. Weaver was absen, TO-
Inc ship without leave, from the lst of August 1922
whereas the accused had approx ed the muster. roll in
winch appeared that he actually on board to tho
3lst December, 1923. Wv
| We have already shown that the lo,ve of .ho -.
ven TO Mr. Weaver actually expired on the rs, 20
1872 and shown how the mistake occurred which renre
eeu MN as IN Tie service 10 the 3Ist Dec. 1925 "a
OF the Purser, and not of Capt Stew
art AND the entry made on the 10Th Noy n heinz
according TO the truth of the fact to wit that he vn
absent from the lst Aug 1892 without leave was an in;
Jury 10 nobody and cannot be Just ground of com
pain If the leave of absence did expre al the finn,
mentioned, what ground OF censure does il afford tb,t
was so stated IN the first roll of tue ship what
ever might have been said by mistake or otherwise in
| Dec. 1923. 0' "
thguisIing between the muster-rols and the MUSTER
books, or roll kept for the Ship The former are ,nar
up ana signed by the Captain from time to time as op-
pofunItIes offer for transmitting them To the govern
menl The latter, the record of The Purser kent
by him. is seldom If ever by the Captain until the
Gnu o 'he crnIzo, and the entries made in which are
not directed or examined by the Captain. IL is true
,"c "uSer-boo and the musterrolls ought generally
10 correspond with each other as the latter should no
transcript OF the former. The CAPTAIN turno Tho
Iusc' sees only the rolls prepared to be transmitted
q uoftL c,. AZ
IL IS the duty of the Purscr to see that they
III they do not, il is his error and not ours In This
case me furser, with his hand had recorded Mr.
weaver as ''absent on leavc' i'm his roll of March
1898; and afterwards i'm Dec 1923 he represeus hin,
as on duty in the ship although he knew lie had not re-
turned 10 hcr. Is not this obviously unintcntional
error OF the Purscr, of the Captain3 The
accused then, when he corrected The first musterro
signed, alter he found that Mr. Weaver had left t,e
SNIP might well suppose the Purscr had made the entry
IN ms book TO correspond with it, especially as he had
III substance reported the thing TO the Purser ON
Tie Sist Dec 1923. The muster book is not BROUGHT
10 Tie captain for his signature until the conclusion of
'e cruise In the present case, this book was present
ca ny The fnrseI 10 the accused for his approbaon and
signature at the time mentioned and then FIR tho Grs
ume could we know that the proper emit had not been
auc OIL VIZ eayerS absence and therefore required
- ~ NC aohe before he would give his approval to the
oook. Ana II he had discovered anv other error ar
omission in the book il is presumed he woud have
"''hHeid Ills signature until it corrected and made
10 appear according TO the truth and fact of the case
n
case as 1t actually occurred and as IL had bocn actual
stated on the muster roll of Oct. 1892 and transmit
led to the government 1t was made at the prorer
ume, to w.t. when the book was presented 10 the
ca nor approval And no injustice injury has been
done to any body by the time and manner in Which it
done. ~
2lth Spec This properly concerns the purser, who
II appears rs IS customary speculaed in officers cloth
ing TO be purchased by them only which an uncommon
elimination of officers prevented being disposed Of
Ills oeing The case Captain O'Suliivan took them to
nE t!,rl-
From the 25th to goth specifications there is no,nr
worthy OF synopsis, the charges very trilling.
CHARGE ii.
he i've first specifications of this charge are but
repeutons OF those made under the first charge and
winch have been already fully explained and replied
TO In The answers to those specifications. The accused
begs leave TO refer 10 those answers and that they NAV
DC applied as shall be suitable to these specifications of
the second charge.
spec 9TH relates 10 receiving spies on board the |
tran'<m but the mental Madrid is the only case that
furnishes shadow fsuspcon this point and which
has been most grossly msrepresented We shall tn,ch
his history in brief. lie was captured bv the pa,rn,s
and taken TO Calioa as prisoner without landing
NC countess Fiiic lleTmosa, begged of Mrs. Stewart
10 permit MN togo passenger in the Franklin, then
uhucr weigh Tor uca for fear of the Patriots; befr
native Of Old spain he thought his life was i'm DANGER
He was received board by Mrs Stewards order in
with the Countess request aid put into the
pantry TO help the steward where he remained fill land
ca al QuIica On this point Com. Stewart solcrnnly
assures The court and he Will prove it, as far as mega
live proposition is capable ofproof that lie was rs utter
y ignorant OF The whole transaction any member OF
his court and that il was nearly II months after il took
''acc when 1t was first communicated to him. He i'm
nediately wrote letter 10 the Navy Department.
stating the thing he heard it; and the very writing OF
ms letter. and the expression of surprise and indiena
ION contained in il, afford strong if irresistible
Vdence OF The truth and sincerity ohis statement and
ceilings on this occasion.
18th Spec The accused gives it an absolute denial.
CHARGE VI
Isl Spec, The first specification under Uis Charge
eIaes 10 the affair of Lit Weaver 10 which tic accus
I'd has already given his full answer
I'd Spec charges Com Stewart for not cnquring into
certain matters preferred by 1t Sawyer against 1t
>onner His counsel argues il is the duty of the Pres,
lent OF the u s. and Secretary OF the Navy 10 decide
III this, and not Com. s.
Sd Specification.
10 tbs specification, the accused answers that hi.
hip and bis guns always in proper state for ac
Ion and his men as regularly and properly exercised
1t quarters, as circumstances required and would al
mt. Tie presunes these matters were entrusted e, his
discretion and Judgment, winch he exercised with de
and his best ability. To bonps ba