Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-08-28
be necessary to call hs, the might have that
permission - - ="
The accused then presented paper marked II.

DC Necessary to call ,hs the prosecutor might haye that
The accused then presented paper marked II.
(H)
Captain Read upon the announcement by the Judge
Advocate that the evidence for the prosec is
closed respectfully rfays the Court caeuirc Of the
Judge Advocste why ,br Satswain of the Constellation
has not been examined the part OF the prosecution.
From the facts already in proof before the Court APP
pears that the testimony of the Boatswas must he
material to full knowe ledge of the facts Of the case
asmuch as II must be IN his power prove what the
fact IN regard to the remaining the berth deck
when all hands ordered To reef topsais. And as
every other witness, who could have knowledge of
these facts, summoned by Captain Read has been cx-
amncd by the Judge Advocate the part of shc prose
cuton, the Court respectfully requested BY the ac
cused to ascertain from the Judge socst whether the
omission to examine the Boatswain be an accidental
omission; or whether 1t is designed. And Captain Read
Of the trial 80 ''~ '''''D'e'
To which the Judge Advocate replied:
mat the Boatswain (Brown) called by the pro-
secution by design, he had been summoned or both
sides, and it thought that all that wanted By the
prosecutor could be had well on the examination
as by calling him in chief and this is the reason why
he is not now introduced on that side
William Brown Boatswain in the United States Ma
Wy was then by the President on the part of the
accused, and answered as follows
Question by the accused. Were you ON board the
constellation the Sh of November last us Boaswen,
IL 40, please state all that know in relation 90 The
circumstance OF your reporting Lieutenant Rudd thai
the men on the berth deck had gone up from below
aso all that followed that report i'm regard 20 The con-
duct of Midshipman Wilson,
Answer. All hands called to reef topsails AZ
ter was DONE the topsa hayards hardly behaved
till received orders for all hands to stand by their ham
Knocks. l called all hands on the oun-dcck f,nnd
there were men Seow the berth deck not having
pped below from reefng topsails. | asked the Mas,er
at-Arms what they were doing below Aner oot N.
men on deck for their hammocks reported 20 Mr. Ruid
thas found men below, not having piped down from
Ieenng topsaiis heard Captain Read tell Lieutenant
kodd 10 send for Mr. Wilson, and was ordered 10 ppc
down The hammocks Were almost all below when /
quarter masters to have Mr. Wilson taken aon If he
wouid not go voluntarily. Mr.. Wilson going up
the main rigging and was called down and told to 90 up
the fore rggng as he went up told the
to follow him, and that is all know
Suest.on Had not all hands been called move than
sufficient time to let all hands get on deck when Won
decks ' ga '''c "e''n
Answer. did not report that the men were on the
perth deck at that time reported that the men were
on the berth deck before all hands piped down from
reehDg topsails.
Question. When Midshpman Wilson came nm. did
YOU near and see what passed on the quarterback
Answer. No.
Question. Did you not discover, going below, that
the men had not been sent up2
Answef The men were sent up, but below be-
fore all hands were piped down from reefng.
Question. Doyou know of Midshpman Wilson, he
Ply ''' ''''' He'O II yes what was his re-
Answer. He was ordered TO the mast head bu, ! did
Question. What expressions were used by MIR Will
son when he was compelled to pos
Answer de said he would go without being dragged
Question. Was the ship pitching and rolling dccp at
Answer. Not very much, but according to a three
reef topsail breeze.
Question Was it dangerous go or be sent aloN in
the way Mr. Wilson was?
Answer | cannot tell which wav he WAS con, s,oo .
l;was not deck u: the time
:. Question by the Court. Was it made your duiy by
the regulations OF the Constellation upon all hands be-
ing called, to see the off the berth deck? IF YES
aa you go down on the berth deck alter calling hands
to reel toPsails, and see the off that deck
Answer. l always waited on the gun deck for the re-
port OF The Master at Arms, and then made my report
never went the berth deck only as far as the
main hatch of the gun deck The men scere all Off The
dec6 iohen .tTst called to reef topsaiks
&c Sa s Did you or the QuarLerMuser lay hold
Oh Mr.. wilson to force him up the fore main rigging?
Answer No, not with any violent foroe-bu1 thew
took him by the to lead him up. -
Master Commandant Philip f. Voorhees, of the Uni.
ted states Navy was then sworn by the President on the
part OF the accused and testified az follows:
Before he was questioned by the accused the JUDGE
Advocate stated that in order to ascertain whether he
was acquainted with any of the circumstances SET forth
In the charges, he would ask this question
Question. Were you at any time durinr the crpise of
the Constellation, while under the command of Cantan
Head, attached 10 that vessel as an officer?
Answer. No
(Rsmainder in our nezt)