Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-05-19

and humanity alike revolt at naval rem
devious permanently established in
SPOT so tainted with disease and death.
Baltimore american.
from tie Norfolk Beacon, May 16.l
Copy of the finding and sentence of
the Naval General Court Martial held
on board the U. S. ship North Carolina,
"a, in the case Of Midshipman ALEX
AMBER VAN DYKE, February, 1925, to-
gether with the decision Of the Presi-
dent of the United States.
The Judge Advocate having read
the entire proceedings in the case Of
Midshipman Alexander Van Dyke, and
the Court having carefully and delibe-
rately weighed and considered the tes-
timony in support of the charges and
that adduced by the accused, and his
defence, find the specification Of the
first charge not prored, and the prison
er not guilty Of said charge. The Court
find the specification Of I'd charge PROF.
ed in part, and the prisoner guilty of
the charge of disrespect to his superb
or officer.
And the Court find the specification
of Sd charge not prored, and the pri-
soner not guilty of Sd charge.
The Court find the specification of
4th charge proved with the exception
Of the word "maliciously," and that the
prisoner is guilty Of the said charge of
"conduct unbecoming an officer and
gentleman" and that the charge falls
under a part of the Sd article for the
better government Of the Navy, pass
ed April Esd, 1900.
And do adjudge the said Midship-
man Alexander Van Dyke to be dis
missed from the naval service Of the
United States.
(Signed)
DAN'L. T, PATTERSON, Pres't.
RoB'T. S BROOKE, Judge .4dvocate.
The finding Of the Court under the
first and third charges is approred-
The finding under the second * fourth
charges is not approved.
The specification of the charge of
disrespcct to his superior officer al
lodged, is the writing Of letter to the
Secretary of the Navy, requesting to
be removed from the ship, without con-
sulting his superior. officer. The only
evidence given of the fact was, the
acknowledgment, reluctantly drawn
from Midshipman Van Dyke himself ;
neither the letter, nol any evidence that
it had been sent to the Secretary, was
before the Court, although the produc-
ton Of the letter was demanded by the
accused. The same is to be observed
of the order from the Navy Depart
ment, the disobedience of which con-
stituted the alleged disrespect to his
superior officer, stated in the specifica-
ton. Neither the order, nor its speci-
fic purport, nor the fact that its exist
ence was known to the accused, were
in evidence before the Court.
In the judicial administration Of all
criminal law, it is rule, that every Pc
nal sentence must rest upon the coin
cidence of the allegations with the
proofs of the charge. The specifca-
ton of the fourth charge in this case
is, that the accused falsey and malicious
y represented to some officers or other
persons, at Point Comfort, that his
commanding officer had colared a
Lieutenant, or that il was currently re-
ported on board the North Carolina,
that he had collared Sailing Master
and cursed Midshipman. The Court
expressly exclude the word "malicious-
~" from their finding, and it was in
full evidence before them, that the re-
port which the accused is charged
with having asserted at Point Comfort
to have been in circulation on board
the North Carolina, had, whether COR
rectly or not, been so i'll circulation
The falsehood and malice, alleged in
the specification, are both excluded
from the charge as proved the false
hood, by the evidence before the Court;
the malice, by the finding of the Court,
and with them disappears all the penal
matter of the charge. The facts were
not proceed as alleged, and the sentence
of the Court is therefore disapproved.
This decision is not intended to con-
vey the opinion that the conduct of
Midshipman Van Dyke was correct
The avowal that he had written to the
Secretary of the Navy and to Members
of Congress, with view to be remov-
ed from the ship, made apparently in
spirit of defiance, was disrespectful
to the commanding officer, and altho'
not sufficiently aggravated for dismis-
sion from the service, deserves to be
severely reproved.
(Signed) JONI Q. ADAMS.
LAW ANECDOTE.
A wealthy farmer in the county of
and state of New-York having