The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-01
Navy General Court Martial on board OF
the u. =. ship North Carolina.

TRIAL oF LIEUT.. CHARLES WILKES, CONTINUED.
The Court met punctualy at the hour OF adjourn
ment, all the members present. The journal OF yes
terday was read by the Judge Advocate.
Mr. HAMILTON said the report OF the proceedings
yesterday In one OF the papers (the Expressly was
calculated 10 do him manifest injustice, as it mis-
stated his remarks in regard to the protection afford
ed oy law TO seamen sailing under the American
nag, In his reply to an observation of Com Jones.
In regard TO the record of the Court of Yesterdays
proceedings, as read by he Judge Advocate, it re-
lates various conversations between myself, the
Judge Advocate and Lieut.. Hudson. hold that
these conversations are not part OF the record, but
are entirely cxtraneous, and should not be put upon
the record. Mr.. III. then read the following as the
portion OF the record he objected o,--
Lieut.. Hudson stated that the Herald had re-
ported ms Report Of the Sd Of March, falsely that it
appear In his Report read In evidence.
The Judge Advocate stated that when the coun-
sci offered the report in evidence yesterday he sup
posed II TO be correct copy or he would not have
consented 10 its admission, that the Report of n
hudson signed by himself accompanying Lit. Wilkes
Report No. 63, had the word morning init.
The counsel Tor the accused stated that the dis
crepancy was gnimportant.
The Judge Advocate stated that il was of the
last Importance, that the Reports were Identical
IN other respects except the omission of the word
morning. which was the point upon which the
whole case hinged, and upon which, in point of
TACT, the Indictment was framed
It. Hudson said that he did not know the word
morning. was there, that did not see land on the
morning"
MIR. Hamilton said in regard to Lieut. Hudson's
assertion IN regard to the Herald he did not go par
llcuary object to its going the record, but what
followed he had very great objection to.
Inc CouRT appearing to sustain Mr. Hamilton's
position, the Judge Advocate agreed to withdraw
from the record the portion read by him. as above
quoted
Mr. HAMILTON stated that Mr.. Steward. It. Hud
son clerk, was an important witness in the case
that ne Was lying Al at Brooklyn utterly unable to
attend the Court; he therefore proposed that the
Judge Advocate and himself should proceed 10
Brooklyn and examine him before commissioner
and that his testimony should be taken de be,e ssc
TO this proposition the Judge Advocate assented,
and the Court granted the commission
Lieut.. HUDsoN recaledby Mr.. Hamilton. and ex-
amlned through the Judge Advocate.
Q.-What were the occupations of the officers
and crew OF the squadron at Callao. in June and
.A.-They were all engaged in getting in provi
SONS, making observations, and getting the vessels
ready TO leave port
Q-Was it possible to have held a court martial
there without great delay and injury to the public
service?
Alt was not possible without injury to the pub
lie service.
Q.-Were the occupations Of the officers Of the
squadron at Sydney such to render il impossible
to hold courtmartia without great delay and pre-.
JUDGE TO the public service.
A.--There could not haye been a court.martial
held at Sydney without delay and prejudice to the
Q.-Was Honolulu the first place where court
martial could have been convened, and wasnot the
time of holding the court very limited in conse-
quence OF the contemplated engagement of the squa-
dron after leaving that port?
A.-HOnolulu was the only place where court
martial could have been held without deriment to
the public interest," and our time was limited from
those causes.
Q.-Had the squadron not lost much time in the
cruise by the detention caused by the Relief's acct
dent al Cape Horn, and did not Lieut.. Wilkes speak
Of the detention as much impeding the operations
OF the squadron, and curtalment OF his time among
Ayes, Lieut. Wilkes stated to me that he was
detained in consequence of the Relief not going to
Orange Bay In consequence OF an accideni be-
lleve he also awaited tor the arrival of the schooner
Seagull.
Q.-Ifthe squadron had lost any more time, would
we have been enabled to have reached the Antarc-
tic at the proper season, on our last visit
Ave would not. AS was, we had to forego
the Fiji WORK for that reason.
Odd you meet Assistant Surgeon Gullou on
the 9Th Oct, lS4O after he had left Lieut.. Wilkes
room, and was he much excited!
Al do not recollect the date. met Assistant
Surgeon Guilou after he had left Lieut. Wilkes and
he appeared much excited.
1.-THE Court took recess for about FIVE minutes
to witness the departure of the French steamer from
Q.-With the exception of at Callao, Honolulu
and Sydney, were the squadron in company long
enough to hold court martiall
A.-They were not. ua
Q.-What do you say of Lieut.. Wilkess charac-
ter in the squadron by reputatien1
Ale was one of the most energetic and perse-
verng officers ever met with, always attentive to
his duties day and night so far as have had oppor
tunties of observing, and my opportunities had been
very good.
Q.-Y0u have stated that the time was very limi-
ted for holding court martial at Honolulu; how
Ion III ofta
adjournedl
A.-Sixteen or seventeen days, think, with the
exception of the Porpoise) ] may be wrong, we
sailed from there on the I'd Of December.
Q.-Whose case was the last that was tredt
A.-Mr Harrison's, ] believe.
Q.-When was his sentence readl
A.-By the log the 7h of November. The
Peacock sailed on the I'd December. had orders
to be ready for sea on the 10Th November, but
couldn't get ready by that time.
BY the CoURT. 1T has been stated to the Court by
It. Reynolds and Mi1shpman Etd that they re-
ported land to you on the 10th of January to the
southwark, did you believe at the time it was land,
and do you now believe it was land
Al did not think II was land at the time, but |
think so now. Invent up in the mizzen rigging to
Odd you no, tell Mr.. Ed, you had no doubt
A II rather think not, for had doubts at the
Q.-was not his report made to you in the cabin,
of land
Al don't recollcct whether he reported to me
on deck OF in the cabin. Twas on deck most of the
time both day and night examined the appear
ance after he reported, as statel
Q.-Was the water discolored when you saw the
appearance of land on the 10Th, and did you order
soundings to be made Z
A.-The water was discolored ] did not order
soundings to be made was working up tow ards
the appearance that day, until IL o'clock at night
Question by HAMILTON Look at the paper
shown you dated October IL, 1910, and say whether
il was not an order from Lieut. Wilkes to you to
get ready for sea, and not the Court in session
when it wasreceived by you1
Alt was received during the session Of the
Court
Mr. Hamilton read the letter, he stated, for the
purpose OF showing that every preparation was
iects of the expedition, and Lieut. Wilkes anxi-
usto get off
Q.-Whcn did the Porpoise sail from Honolulu,