Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-25
NO. a@go

causing to be transported, ON board the
United States schooner Dolphin, on or
about the 9th May, 1922, one EIiphalet
Smith, with goods and merchandise,
for sale on private account, and Der.
hitting the said Smith to carry such,
his own private goodsand merchandise,
not designed for the use of said schoon.
er, on board the said schooner, under
the protection and flag Of the U. States,
to certain ports forbidden by the laws
Of the country.
Specification 4. In lending aid and
countenance to the violators of the re.
venue laws of the government of Peru,
by permitting and aiding sundry per-
sons at various times, between the ar.
rival Of the Franklin in the Pacific. in
the year 1921, and her departure from
thence in 1924, to carry off from the
shore specie, bullion, plata pima, and
other articles, contrary TO the laws of
said government, without the permits.
sion, authority, or knowledge of the
custom house officers and local autho-
rites, and to deposite said articles so
struggled from the shore, on board the
public vessels of the United States.
then under the command of him the
said Charles Stewart.
Specification S. In assisting with the
naval forces Of the U. States, then un-
der. the command Of him the said
Charles Stewart, in defending and pro-
tecting persons and property engaged
in smuggling, from arrest and detention
by the lawful authorities of the govern.
ment of Peru, at the times mentioned
in the last preceding specification.
Specification 6. In permitting to be
received, and in receiving, on board the
said ship the Franklin, and other ves-
sells under his command, at various
times within the periods aforesaid with.
in the jurisdiction of the said govern
ment OF Peru, certain persons, who, by
the laws OF said government, were OBJ.
noxious to capture and punishment.
spies and officers of the Royalist army:
and in protecting said persons from
seizure and punishment, contrary to the
express Instructions given to the said
Charles Stewart by his government,
and in contravention of his duties as the
commander in the service Of neutral
aation. particular, in receiving, or
permitting to be received, and protect.
ed as aforesaid, an individual by the
Name OF Madrid, an officer in the Row.
alist army, and a spy in Lima, and
Director or late Director of the Mint.
Spec.f cation z. In unlawfully, and in
violation Of his duties as neutral,
carrying from Callao to the beforemen.
toned ports called the Intermedios,
some time between the LIST Of MAY and
the 18th of July, 1892, intelligence of "a
contemplated military expedition, pre-
pared by the Patriot government of Pc
ri ;ainst said Intermedios, and there
by exposing the same to defeat and de-
s,ruction.
CHARGE 8. Neglect ofduty.
Specification |. In permitting and
authorizing VIM. A. Weaver, Lieu
tenant in the Navy of the u. States, at
tached to the Franklin, and borne on
the books of that vessel, to absent him
self from said ship and from his duties
on board, during the entire cruise of
said ship, from the month of Sepiem-
Der 1921, until her arrival within the
U. States, in the summer of 1924,
without any necessity or reason Of q
public nature,
Specification Q; For that, whereas
Horace b. Sawyer, a Lieutenant in
the Navy of the U. States, did, on the
oath day of July, 1922, and on the 2Sth
August, in the same year, exhibit to
said Charles Stewart, his commanding
officer, charges and specifications, of
the most serious character, against
David Conner, Lieutenant in the Ma
Wy, then under the command of the
said Charles Stewart, and did refer to
several witnesses as able 10 sustain
said charges he (the said Charles Stew
art)did omit and neglect to notice said
charges, or to cause their truth to be
investigated, to the great injury of the
naval service Of the U. States.
Specification 3. In not having his men
regularly and properly exercised at
quarters, and in not having his guns in
a proper state for action, as he was
bound to have done during the cruise
Of said Franklin, from the month OF
Sept. 1921, to the summer OF 1924.
CHARGE 4. Oppression and cruelty
Specification. In combining Joshua r.
Sands, a Lieutenant in the navy of the
U. States, and under the immediate
command Of the said Charles Stewart,
| in an unusual and unnecessary manner,
on board the Franklin, from thegthOe.
ttober, 1923, until the 18th April, 1924,
without taking any measures to bring
! the said Sands to trial for any alleged
| misconduct and in continuing said OPP
preston and cruel conduct subsequent
to the said 18th April, to the manifest