The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-07


accused denies that he has dsobeyed the orders of
the Secretary of the Navy He has, in the exercise
OF his judgment and discretion, done that which he
still believes TO have been necessary and proper"
The fourth charge-Illegally furnishing men UNI
der his command, justified by the peculiar clrc
stances OF the squadron, length of voyage &c pre-
Guiding the calling of Court Marlials and that the
punishment was not as heavy generally c ourt
Marals would have awarded for the offences.
The charge OF dscharglng'seamen at Honour lu is
met by the assertion that the exclusive Iurls die
ton is confined in the District Court OF the United
States"
He then took up the specification charging him
with uttering asehood in his Report TO the Secreta
ry that he saw land on the morning of the l9h.--
First, the evidence and report OF 1t Rnggod were
quoted at length; then the testimony OF 1t Alden;
then Gunner Williamson; then extracts from Lit.
Hudsons report, and the testimony OF 1t Davis and
Passed Mid. Ed relating to discoveries on board
the Peacock were given. "Upon what pretence is
the attempt made not only TO blast my reputat ion,
but that OF the country BY an effort TO show col
fusion between LIS. Hudson, Ringgod, and myself,
in claiming in our reports that land was and
before the morning of the 18th, because the explo
rers of an another nation claimed the discovery Oh
that day IL has already been announced to The
world that we claim the honor of the discovery
Whatever may be your opinion of me, do you not
believe that Its. Hudson and Ringgold are made of
sterner stuff than to prostitute their honor to carry
out any dishOnorable designs that may have enter
taincd?' He then entered into an elaborate de-
fence of Lieut.. Hudsons report and closes with an
unjust and undeserved TRADE against the Judge Adj
vocatc.
He then took up Lieut.. Pinkneys charges, and,
in answer to the first, contends that because Lieut.
Pinkney and Knox did not hear him use the ex-
preston " God d-n it, the Court is bound to be-
heve 1t was not used, although Passed Midshlpman
Blunt swears 1t was, because he is one of those
young officers whose feelings of hostility towards
me have warped their judgment, that their testi-
mony IS to be received with many grains of allow
ance."
The second specification he sets at restb by saying
his answer did not bring Lit. Pnkney in contempt
with 1t. Knox
In answer to the next specification he says Lieuts
Pinkney nearly lost his vessel by ursklltulness, and
the circumstances were such as would excuse him
Tor using the words he is charged with, if he did
use them.
He attempts to answer the charge of refusing 10
pay for the repairs to the Flying Fish, on the ground
that Lieut.. Pinkney was bound to await his arrival
at the Bay of Islands, when the greater part of the
materials and labor might have been supplied from
the Vncennes
The defence for not forwarding Pinkney's letter
to the Secretary until after lapse of Ii months, is
justified on the grounds assumed in regard to
DR.. Guillou's reports.
He next examined the charge of combining Lieut..
flnkney to the Peacock until Dr. Palmer represented
groundless, as Lieut. Hudson swears he never gave
him any orders to confine him.
In relation to the last specification, mprisoning,
fogglng, &C., four marines who refused to do duty
after their term OF enlistment EXPIRED he contended
their detention was essential to the public inter-
est" and he was therefore justified in OBTAINING
them by the Act of March 2, 1887, and secondly
that they had received bounty. and volunteered
for the entire cruise, and therefore their terms
had not expired, and he was justified in Furnishing
them. NC.
He next launches forth bitter complaint against
the manner in which files of the Department are
kept, and again attacks the Judge Advocate, whom
he accuses of high handed violation of the records
OF the government, III taking papers from the files
and destroying them. He next attacks 1t. Pink
ney's defence on his own trial, charges the Judge
Advocate with endeavoring to Impeach all test- |
mony that did not go for his conviction, Nc and
givesa sly poke at Secretary Upshur, for allowing
Dr. Cullen to the files of the Department to
obtain evidence against him.
He next disavows any feeling OF personal wrong
towards the Judge Advocate, and ascrbes his con-
duct TO nexperence He charges him with acting
if he held the position OF prosecuting counsel in
courts of common law, and felt it his duty to pro-
cure his conviction by bringing all the evidence he
could against him, and suppressIng that his favor
He charges him with destroying papers necessary
tor the prosecution another trial, and necessary
tor his defence on this, and that he refused to pro-
duce a cOlored sailor" as witness on another
trial, the ground that it was illegal, and would be
an insult to the court, when he was competent
testimony any other
He next speaks of compliment paid him by
Secretary Upshur before the National Institute at
Washington, and says, "such being the avowed |
can only ascrbe the part he has taken against me
before this court to stern sense OF duty his part,
which in the pursuit of what he considered justice,
has overbone all private feelings and conside- |
ratlOns."
The whole concludes with appeal to the court,
and the expression OF the conviction that he must
be acquitted on all the charges. |
AT the conclusion of the defence, the room was |
cleared, and the Court remained IN secret session
until quarter past three O'Clock, when the doors |
were opened and the Court adjourned till Wednes-
day morning at ten o'clock.