The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-18
Navy General Court Martial board of
the U. $. ship North Carolina.


the U. s. ship North Carolina.
"WEDNESDAY, Aug. II. 1si1.
II being understood that the trial of Lieut.. Charles
Wilkes, Commander of the late Exploring Expedition,
to commence this day, the quarter deck filled at
early hour by spectators well the host
Of witnesses subpoenaed to attend the Court Martial all
seemingly anxious to learn the full history of exped
ton which has been of expense the country and
the benefits of which yet remain to be discovered.
Lieut.. Wilkes board in company with his
counsel Peter Hamilton Esq, and appeared to be jaded
and worn down by overexertion and ill-heath.
At the opening Of the Court Lieut. Wilkes produced
tain letters which had passed between the secretary
Navy and himself, relative to a demand from the
Judge Advocate that nc should produce certain papers
consisting OF journals logs general orders Sc. the
present trial. which papers, sc are now in Washington,
having been sent there by orders from the Navy Depart
aent. The letter the Secretary OF the Navy directs
him obtain permission OF the Court to proceed to Wash
ngton for the purpose selecting and furnishing the in
formation required by the Judge Advocate.
The accused commenced reading paper, in which he
solmny protested against tins Of procedure at
direct Infringement Of his rights as well as of the rights
and power of the Court and hoped the Court would
perm the Executive influence that was thus sought he
brought against him, 10 interfere with its rights and du
ties 1t attempt made compel the to pro-
duce evidenceto be used against hmsel the trial.
rary all the rules Of law and evidence. He then went
to show from Mr.. MComb Court Martas and other
authorities that after the organization Court Martial
and the accused had been cited appear before il
for trial. the appointing the Court could inter-
iere between its functions and the accused The
went to state that he had been ready for trial
since the first moment charges had been preferred against
him. and protested against this interference in sending
him away arduous labor which would require at
least four weeks to PERFORM while he aborng under
ill health and thus deprive him OF his right speedy
trial. This document which was very able production
was partly read by Lieut. Wilkes, who becoming some
what exhausted by the reading requested the to
permit his counsel Peter Hamilton Esq to finish its read
ing, which was granted.
dent that the accused yet officially
fore the Court but only by report that although
understood that Lieut. Wilkes would probably come
on to-day he not yet before them officially.
Mr.. HAMILTON replied that the accused before the
Court by direction Of the Secretary of the Navy.
After desultory conversation between the Judge
Advocate the Court and the counsel for the accused
Lieut. Wilkes stated that he had sent Washington
confidential to endeavor TO procure the papers and
documents called for by the Judge Advocate he ex
peced he would return this evening. The Judge Advo
said that if Lieut. Wilkes would produce such papers
in his possession required by the prosecution he
would agree at once to proceed to trial.
Lieut.. WILKES agreed to produce his journal and
that Of Mr. Couhouy subject to the decision the Court
Mr.. Hamilton moved the Court to enter its minutes
that leave is granted to Lieut. Wilkes to to Washing
ton agreeab to the orders contained in the letter OF the
Secretary of the Navy to Lient. W.
The Court then cleared, and in about half hour
the doors again thrown open when the Judge Ad
vocate announced that the Court would proceed with
the trial of Lieut.. Wilkes.
Lieut.. WILKES asked permission Of the Court TO allow
Mr. Hamilton to act as his counsel which was granted
The Judge Advocate then read the precept enng the
Court and the accused having objections any of its
members, they by the Judge Advocate, and
The JUDGE ADVOCATE stated that he should waive the
fourth of the second charge brought by Dr.
Guillou against the accused there fatal defect in
the avermens He then proceeded to read the Charges
and Specifications preferred by the Secretary of the
Navy, upon information of Acknowledgment Charles
+. b. Guillou of the United States Navy, against
Lieutenant Charles Wilkes of said Navy of which the fol-
lowing is asyno2sis -
SPECIFICATION |.
In this that the said Lieutenant Charles Wilkes did,
Jay of refue IN Aaaicf
Surgeon Charles b. Gulou to forward secreta-
ry navy arespectful document dated 9th
and transmitted to said Lieutenant Charles Wilkes day
of date Aforesaid, being report of his (said Lieutenant
CHARLES Wkes0 conduct towards the said assstant-sur
geon Charles +. b Guilou and that he did furthermore
refuse again the 9th day of October 1870 forward
the said report and that he did furthermore actually with.
hold the aforesaid report till July 1872 period Of
years months longer without sending to the
department to which ii addressed.
SPECIFICATION 2.
In this that the said Lieutenant Charles Wilkes did
treat with negligent contempt respectful report dated
Nav 22l 1910 from the said surgeon Charles
D. Jiuilou of the conduct of Lieutenant Cadwallader
cessary withhold from the honorable secretary of the
navy till July, s42 longer the charges preferred un
Charles +. B. Gulou against Lieutenant Cadwallader
Rnggod and addressed to the honorable secretary of
tina navy.
In this that the said Lieutenant Charles Wilkes did on
the 18th day Of March, lsio violate the rights of the said
assistansurgeon Charles f. b. Guillou by illegally With
holding from him the promotion due TO his rank, tho
time ordering assistant surgeon John l.. Fox, the
said assstansurgeon Charles +. b. Guillous Junior TO
act surgeon Of the Vncenues and occupy the apart
ments assigned 10 that officer while the said Lieutenant
CharlcsWkes still kc the said Charles
+. d. Guillou, duty q. -ssis.ansurgeon.
spgcirictriON J.
Charges that Lieutenant Wilkes grossly insultel assist
ant surgeon Guou, in conversation house where he
dwet at Honolulu, Sandwich Islands the 9Th October
I9i0 reply TO remark that DR. Cou made that Wilkes
hal induced him to believe that he would rece the pay
Of Surgeon, by saying IN loud and angry tone II deny
the fact deny the fact sir positively never said any
such thing" at The time rising from his chair and
shaking his finger and hand Mr. tulou an insulting
manner, eXclsimng in threatening tone Leave tho
presence sir Leave the presence That Mr. Guillou
making respectful observation, he interrupted him by
repeated order to Quit the presence sir Quit the pre-
Go on board ship Immediately and consider YOUR
self suspended" THAT when Mr. Guou left the house IL
Wilkes called from the