New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-08-20
Trinl of Lieu1. charles wilkes, q. s. N.
NlYAL COURT M1RTIA
for The New.York Tribune.
THIRD DAY

THIRD DAY .........,..Aug. 10.
4, the opening of The Court. the Judge Advocate read
letter which the President, Commodore Stewart had re-
ccivc from Dir Secretary Upshur, the effect that il
officers Of the Exploring Expedition, they were to sus-
pend further proceedings until those papers, books or other
documents should be forthcoming.
The following is copy of this curious document
NAVY DEPARTMENT, 18th August, 1912.
SrBeprc The Court proceeds further into the tridl OF
any person connected with Exploring Expedition is
desirable that il should be ascertaned whether
portion Of the journals or other documens of the Expedition
in The possession of the Court will be required
evidence II it be found that such evidence will be equed
The court Will please suspend proceedings IN such case
III can be produced, and report the fact to the Depart
ment am Sir respectfully,
A r. UPsHuR-
Com. CHARLES STEWART, President Naval Court Martial
On beard U. 5. ship North Carolina New.York
After little desultorv conversation between Mr.. Hauil
ton and the Judge Advocate in which the former contend
ed that all the ogbooks of the Vncennes up $780, had
been forwarded the Department. the Court cleared
and remained in deiberation upward of hourse On
readmission, myserousooking box, from the De.
partmeat at Washington, produced, which, being
opened, found to contain four books and some doc
uments addressed to the Judge Advocate.
While the reporters were excluded Mr.. Hamilton the
counsel of Lieut. Wilkes admitted and cited the follow
ing law for the guidance OF the Court from Judge Story
When the proceedings of every Court Martial shall have
commenced they shall be suspended or delayed on &C.
count OF the absence any Of the members provided i've
more be assembled, but The Court enjoned
day to day, Sundays excepted until sentence be given"
When the Court had ali re-assenblcd
Mr.. Hamilton said-The Judge Advocate has stated to
me that be was instructed TO ask Lieut. Wilkes or myself
as his counsel, whether he would produce the rough log
book OF the VincenneS.
Judge AdrocGte-Roush or smooth, sir, it matters not
which
Mr. Hamilton-wl Lieut. wilke. assure me ,hat he has
not in his possession single logbook; that they have all
been Washington Mr. Stewart is i'll and aot able 10
board prove the search ha made in Mr. Wilkes,
house.
Lept. Vikes-I have not got them, and arm quite will
Ing TO produce all the papers should like TO know
1.-THE og5ook CT the Peacock has been found at the De-
partnent Tkesc logs were forwarded at The same ;jmc
and here is a copy or the letter sentwith them
U. S SHIP yIscEvSE.,
oAHU, SANDWICH ISLANDS, November Is, ls4l. 5
- have The h"1or TO transmit! to by the ship
lausanne the smooth Log Books CT the VincenneS, Pea
cock and Popo;se complete the 5lst Of October 1870
have ihe honor &C., 70 remain m; n. NV 80
CHARLES WILKES.
Commander OF the Exploring Squadron
To The Hon J. X. PAuLntse, sec'y Navy, Washington.
Letter No. so
Tie Pre,idenL-Thai IS only evidence Of their having
been sent not of their having been received
Mr. HGniton-As soou as the decision OF the Court is
made knows beg leave be allowed place written
memorandum before the Court for the purpose Of being
placed on the HiIutes
fh 10 the rstrucuons IN the letter
received from the Secretary of the Navy, the proceedings
OF The Court must be suspended
Lieut. Hfes-(ge,ng hold OF some leg books here are
the logs OF the Porpoise of thai date and year
Mr.. Hsmiit0n-The presumption Is that these logs
not in the same parcel as the others.
lsase 4duocute 70 Lieut. Riite.-Do you mean 10 say
tia. the log books wau,ed in your possession aad
tsat you DO not know where they are.
Mfr. RGmiasn-J.eut Wilkes says tina, they are uat in
this city and that he nnder the impression they are at
Washington.
L'esi B'iks'y wish is produce every paper have
that necessary and not ia keep any back whatever
Alter some other desultoy conversation, the Presiden,