American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-08-23

constituted sufficient punishment for an offence,
which even, if proved, was not pretended to have
been intentional.
When the Defence was closed, the Court was
cleared for time, and soon alter the doors were
again thrown open. ;,
The trial of Lieutenant WiLliam II. Hunter was
begun. The charge against this officer is neglect
Of duty--it is preferred by Commodore Charles
Stewart, Commander OF the United States ship
Fraoklin of which ship the accused was FIRST Lieu
tenant. 1t accuses him oil permitting certain
Spanish officer called .Madrid, to come on board the
Franklin, and to remain there during her voyage
from CaIao TO Qulca, without acquainting his com
mandng officer with the fact.
When called upon to .plead to this charge, 1t.
Hunter presented an answer in writings in which,
while he admitted the facts in the accusation, he
pleaded guilty TO the charge OF neglect OF duty,
inasmuch as he had permitted the person in ques-
lion to remain on board under the full belief that
the fact was known to Commodore Stewart. He
was led to this belief in consequence Of receiving
message from Mrs. Stewart the Commodore's lady,
conveying the order for such permission-apd be-
cause the man openly to be seen in the pantry,
occupied by the cabin cook, (and which was imme-
dately adjoining the cabin) being there employed
in cleaning knives and performing other duties OF
an assistant to the cook, without any appearance of
intentional concesmtnt, nor did he ever suppose
tina. Commodore Stewart was Ignorant OF hrs being
on board, till more than year alter, when, in Val
paraiso, where the distress of the Commodore, on
learning the facts of the case satisfied the Lieuten
ant that he then heard of the circumstance for the
first time.
This paper having been read, the Judge AGvo
cate produced and laid before the Court the deposit
ton OF Della Stewart, (lhe Commodore's lady,)
taken at her residence in Massachusetts, short
time since. In this paper, Mrs. Stewart states, in
answer to various heterogeneous, the following
facts
That the person in question personally un-
known to her, when he came on board the Franklin
as she was getting under weigh in the harbor OF
Callao, bringing with him letter from the Countess
Of Villa d'Hermosa, of Lima, to Mrs. Stewart, sta.
ting that the bearer was an unfortunate Royalis
who had embarked with her (the Countess) in a
Genoese ship at Rio JaneiIo, and under whose
she had been, voyage from that port to africa :
where the ship had been captured by Patriot cru-
ser and carried into Callao. He also delivered
message from Madame Panaza, OF Lima at whose
house the Countess then staying, entrcating her
10 take him into her protection, as his lite was in
danger. The stranger stated that, expecting soon
10 leave Callao, he had neglected to procure pass
ports, until it had been discovered that he was ma
tive of Old Spain, in consequence OF which he was
in hourly danger Of being arrested, which would
speedily be followed by his being put to DEATH Mrs.
Stewart had been personally acquainted with the la
dies from whom he brought letters and messages,
and receiving from the man himself the most solemn
assurances OF the innocence of his intentions, and
the most affecting appeals TO her humanity, she at
length consented to aid in his protection and escape
and with that view committed him to the care OF the
steward. She had no further communication with
him, and does not know by what means he left the
vessel on her arrival at Quilca. She did not ac-
quaint her husband with what she had done, be-
cause she supposed that if he remained wholly ig
norant of the transaction, blame could in any case
atach to him--she declares that she knew nothing
more of the stranger than what the letter and mes
sage above stated conveyed to her-nor did she ap
prehend that any injury could arise either to her
husband or 10 the service from what she conceived
10 be an act OF humanity towards an unfortunate
man whose life was in imminent danger.
This deposition having been read the Court was
cleared. and continued 10 secret session till about
9 O'Clock, when it adjourned to to morrow morn.
ng. ID.