American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-08-23
Washington City, .aagust Is.
THE COURT MARTIAL.

THE COURT MARTIAL.
The Court met this morning at the usual hour.
communication was received from the Navy De-
partment, releasing Captains Iingpy and Ridgeiey
from further attendance on the present Court Mar.
tial during its remaining si,tIngs.
4 tit is understood that reorganization Of the
Court will take place previously to the trial oil Com.
modore Sterart several other members being then
excused, and others appointed in their ROOM
The trial OF 1t. T. b. Whittock then came on
i IIe is accused by his commanding officer, Lieut.
lCommandant Oelprs, of neglect of duty when on
board the schooner Jackall on The West India Sta
ton, in the year 1923. There are four speci6ca.
tons The first charges the accused with twice
sleeping on his post, when charged with the watch
on the night Of the Esd September, near the Isle Of
Contoy The second charges him with the same
offence on the 9th October when lying off the coast
Of Cuba. The third charges him with a like ne
rlecl of duty on the 9Th Of October, while the
schooner lay in the harbor OF Havana The fourth
4 aud last specification IS, Tor again sleeping when
charged with the watch, on the 29th OF October,
while at anchor reef IN the Gull OF Florida.
The articles o! war make this offence punishable
with death, or any lighter inlcuon The Court may
, deem proper.
LII. Oellers was called witness on the part Of
. the prosecution. MIR. Elkins. the counsel Of the
t accused, having excepted 10 the testimony OF this
Witness st, because being the accuser, his esiimo
ny was not likely to be impartial: and, ID, because
: his name had not been included in the list oil wit
nesses furnished to the accused by the Judge Adyo
0 cate-the Court was cleared and alter short con-
sultaon, the objections oyerruled and The tes
tmony taken. II went fully to prove each Of the
O specifications.
In the first case, near the Island Of Contoy, the
accused was found asleep by his commanding Off.
Ger during the hours oil his FIRST watch, aud when
y called he aroused and made an apology on account
q Of faligue-a second time the same nigh, he was
n found fast asleep as to give no answer when cal
: led by his commander, who gave the residue Of the
watch TO mdshpman. The second instance oil
!. delinquency took place the Culorados on the
i coast oil Cuba, when the wind having died away and
current setting in toward the rocks the schooner
y was exposed to some danger, IN consequence OF ms
y negligence In this case he had been warned ofthe
: necessity Of keeping "a good look out"
. The third instance attended with no parlicu'
m lar circumstance.
~ The fourth happened when the schooner was
e. lying ON reef Of rocks, and when, il any wind
should spring up, it would be requisite for her i'm
e medatey qult her station and beat out to sea. "
n. this also, the Lieutenant duly appriged. His
IN going sleep under such circumstances led to his
l. arrest, which ordered by Comm. Rodgers when
a, at Key West.
5. The cross examination by The Counsel OF the &C
lis cused was directed TO show that he had been ex-
Of posed great fatigue the first Of these occasions
r. and ordered to two watches within the "a hours
a. Two letters from the accused to Lieut.. Oelters
q were produced and read by the Judge Advocate
lie but, az several members OF the Court doubted
whether they admissible evidence and the
r accused objected to their being received, unless
others from Lieut.. Oellers also produced, the
We Judge Advocate consented to omit them.
i, Lieut.. Percy was then called by the accused, 10
show the hard duty in which he had been engaged
- the day previous TO the FIRST offence. and the bad
accommodations on board the schooner, &c. lie tes
tiled that the accused had been engaged nearly ten
Do hours in cleaning out the schooner and that the
y births confined so that The officers and men
- often slept deck-but that the hardships OF L.
= Whock we're no greater than those of other Oil
95 board the smaller vessels Of the squadron
% and that the time allowed for sleep sufficient of
ne the witness, though it might not be for The accused
W who was less accustomed to service on board.
= The testimony heing closed the council OF Lieut.
T. Whtock promised to have the defence in readiness
10 by Tomorrow at 10 o'clock--to which hour the
Court adjourned Nat. Intel.
tug. l6.-The Court met this morning, and re
is ceived the Defence offered by the Counsel of Lieut.
Is HhHtoch, j. ERins Esqr. in which the accused
10 commented on the fact, that only witness had
rs been adduced in support Of the charge against him,
= and that witness the accuser. He adverted 10
fit The influence which that circumstance was Likely
= TO have upon the testimony Noticed the omission
IS ny L. Oellers OF mitigating fact, afterwards PROVED
-. by Lieut. Percy. Laid much stress on the genera
ho good character which had been given to the accused
and the iact that he had never before been charged
he with any neglect of duty. Noticed the extraofdina
ry nature Of what was alleged, viz that the very
ct nt points oil time in which he failed Of attention were
sy those in which the danger Of the vessel was most
It'll likely to awaken vigilance. And closed with advert
ing to the length of time that had elapsed since the
S. offence took place his previous request for trial
nd the illness which had prevented his attending
,sr Court Martial in New York and the reduction o.
IN his supper; TO half pay since that time. All which