Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-11-20
From the U. S. Telegsph- -,
LIEUTENANT BABBITT AND CoMmO-
DoRE ELLIOTT

DOKE ELLIOT
Itwould seem from the following. which
we take from, The Boston Atlas, that the
Commodore is likely 10 come out oil Tue
title cad of the horn, in his contest with
Lieut.. Rabbit. He will gain about as
much honor in this contest, as he did IN
the contest with Com Perry.
TRrAL OF LIEUT.. BABBIrr.-Our read
ers are generally aware that naval court
martial assembled in this town last week,
for the trial OF Lieut.. Babbiit on charges
preferred against him by Com Elliott
Com. Crane was President Of the. Board.
The charge and specifications were those
of disobedience Of orders. neglect Of dHty,
unofhcer like conduct, and, lastly, the NJ
tering Of "wilful and malicious iaise
hoodh A number Of Witnesses were ex
amined in the case, for and against the
accused, among them the prosecutor him
SELF ,c
e On Wednesday last the defence OF bt.
Babbitt was read TO the Board, by his
council, Charles g. Loring and WIN. X
Grey, Esqrs. This document was clear
and very iorcible consideration of the case,
and examination of the evidence. II was
more powerful and convincing than any
similar document we remember ever TO
have heard. In reference 10 the charges
alleged against 1t. Babbiit, il was entire
ly conclusive, ard showed that he had
discharged every duty 10 obedience TO or
-ders which had been regularly given C
him, and that his conduct throughout hac
been more gentlemanly and officer like
than that Of the prosecutor himself.
In consideration OF the last charge, that
of uttering "wiIful and malicious false.
hood" the argument was not only conclu.
sive as to the innocence OF 1t Babbit, but
was severe, 'and very much against the We
racity Of lie prosecutor. II appears that
in giving in his testimony, Com. Elliott,
who bad rnken an oath to tell the truth,
the whole truth, had failed to do so in Sc
veral very important. instances, where, IN
each instance, the testimony not given by
him, was entirely favorable to the accus
ed. The testimony SO omitted, Was ob-
tanned from several witnesses, and was
that on which 1t Baabitt mainly relied
10 prove his innocence
Lieut.. Babbnt, by his council, denied in
The most emphatic manner, the design 10
impute TO Com. Elliott any inteplioDst TO
disregard the tenor OF his oath. He would
rather impute the commission to forgetfni
ness, or any thing else, than make so Sc
rious charge against any officer of the
navy. much less one holding the high rank
and station Of Com. Elliott The charge
against himself was repealed with force
and feeling, indicating high sense OF
hopor-ot the honor Of an officer and oil a
gentleman. The defence was ably drawn |
up, and undoubtedly had great weight up- |
on the minds OF the Court. Com. Elliott |
seemed to bear the force of the argument |
and the infections OF the conclusions drawn |
out, with great fortitnde. The effect upon
he spectators was obvious, and it was We
y evident to them that the trial had gone
more against the prosecutor than the ae
used The trial and defence, we learn,
viii be printed. The decision of the court
las been forwarded TO Washingto on, from
whence it win be made known,