Lexington union. (Lexington, Miss.) 1838-18??, 1840-07-25

"" ''"' - '"N ~ SVi"icu Witnesses. DuI
il is still more plain, that the accused suf-
fcred nothing from their cridence, because
he mas found guilty ofJoM The frst and
Third charges, on other specifications in re.
tdtioa 10 which neither Of these witnesSes
gdre any cridcnce 'chatcrer; 50 Mathe has
dccn found guilty By The court ofboth these
charges, mifhom reSorting 10 The objected
testimony Of The colorcd mitnesScs. have
Observed nothing Irregular or illegal in
any other proceedings Of the court.
Ertract from McsAAorney Generals letter,
Of April 26ih, 1910.
In reply TO yolr request for my opinion
on the point submitted 10y Mr.. Taliaierro
that the proceedings and Judgment OF The
court martial ougt to be set aside on the
ground that it admitted The testimony Of
two negroes serving on board The vessel
who were produced and examined as wit
ncsses, notwithstanding nnolj ction made
thereto, ] have TO say, that on careful
examination Of the record, find the ties.
tlmony objected to is in no respect maieri-
al TO the finding Of the court. That tesl-
mony related 10 The second charge Of
which the accused was entirely acquitted
and also to the fourth specification in the
first and third charges the finding in regard
TO which was fully sustained in all PAL.
liculars by other witnesses, whose compe-
tency was not denied. Indeed, the only
fact found by the court, under any portion
OF the charges to which this testimony
relates, is the punishment of person On
board the ship by the direction of Lieut..
Hooe-a fact mentioned by many witness
scs, and not at all denied in the defence
which res.s, not upon The fact itself but
The authority Of the accused TO direct the
punishment. II, therefore, we adopt the
well established and reasonable rule laid
down IN regard to similar applications in
common law proceedings, that"where, up
on the whole case, justice has been done
and verdict is substantially right, no
new trial will be granted, even though
there may have been some mistake CON.
mi'tcd." Sufficient Justification for Assem-
ting to The present application will not be
fond. 1hls-makes an inquiry unneces-
sary in regard to The objection itself.
1t will not fail 20 be observed that fire
out Of The Sercn officers who'lried the case
we're soulherneFs, from the States Of Vir.
gnla, South Carolina, MARY land and
Louisiana, and the Judge Advccate from
Florida. The President submitted the
ease to the District Attorney and the
Attorney General, both OF whom gave
their opinions that the charges against
Lieutenant liooe were sustained, fully, BY
the testimony Of white sailors Indeed
the Attorney General ,ema,ks that "he
testimony objected TO is in no respect mate
rial 10 tic finding ofde court"
CASE OF LIEUT.. HOOE.
Mr.. Bots having thought proper to
pursue a course in relation to the question
involved in the trial Of this officer, directly
opposed 10 that which man Of sense,
actuated by sincere desire 10 remedy d
supposed grievance, would have chosen,
we now, III pursuance OF the inlimalion in
the Globe OF Yesterday, proceed to stale
the case Of Lieutenant Hooe, as-bri fy as
possible.
Lieutenant Hooe was tried on three
charges, wit: "Trealing with contempt
his superior officer in the execution Of his
duty," "utltring muiinous and seditious
words" aud Tor "disobedience Of orders
which last involved the additional
charge Of cruelty:
First. III directing John Dennis
seaman on board The Ysndalin, 70 be fog
Iged with eighteen lashes, contrary 10 the
internal regulations Of the ship, and in
direct violation Of the third article Of The
act for the better government Of the Ma
Ivy.
Secondly. Innicling on Calvin Morgan
a boy between twelve and thirteen years
of age, in cruel and scandalous manner
or his bare skin, between fifty aud sixty
lashes with four parts Of o three yarn mel
tie; and at another time, eighty-seyeu d
more lashes in like manner,
Thirdly. FIoggiog Daniel Waters, III,
4 Commanders cook.
1 Fourthly. Directing William O'Brien
marine 10 receive twelve lashes.
All these, contrary to the internal regu
lalions Of the ship, and all, wilhlhe cxcep
ton Of The latter, in direct violation Of tho
third article olihe act for the better gov
eminent olihe Navy.
On these charges, Lieutenant ITooe
\ was fully convicted, with The qualification
that the beating Of Calvin Morgan wa,
no, sin cruel and scandulous inanner.'
and for these aud other offences fully pro,
we'd by testimony 10 which he offered nc
objection, and by his own confession. b,