The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-13

be seem therefrom honorably acquitted Of the charges
preferred against him by Lieut. Wilkes that another of
these trials has ended in smoke.
The following is the letter
NAVY DErARrMEST
sth August ls42.
SIR -
The Court Martial before which you were recently
tried at New York upon charges Of dsobedence of or
ders and wasting the public property in your custody
preferred ON the information OF Lieut. Charles wilkes
acquitted you of the This sentence is approved
You are therefore, relieved from arrest, end will regard
yourself as on leave.
am very respectfully,
Your obedient servant,
A. P. UPSHUR.
Lieut. RoBr. F.. JOHNSON
u Navy, New York
TRIAL LIEUT.. r. F. PIsrSEy CONTINUED.
The Court met pursuant adjournment and the pro-
ceedngs were commenced by the examination Of
Lieut. CApwALLApEA RISceoLD called for the prosecu-
ton In reply TO questions by Lieut. Wilkes he said Il
promulged those surveying instructions board the
Porpoise think it was between January and February,
1889 and some time in the month of August following.
Lieut. Sinclair board the Porpoise August 1889
lie took angles and was engaged in surveying operations
tered by the Master rather the was under
his direction. should Judge that every officer board
was acquainted with the method Of keeping blackboard
The duty OF surveying on board the brig was done in con-
formity with the instructions received This deck board
Shown witness is similar in form to those used the
By the AccusEp.I don't know that those instructions
were promuged to the accused do not know what sort
Of blackboard was kept on the Flying Fish. The Re
lief on which the accused LIST Lieutenant absent
during the time the surveys took place. of which have
spoken. We found her at Orange Bay, Cape Horn.
made repairs board the Porpose anterior to the
arriyalof Lieut. Wilkes at the Bay of Islands, such
caulking, new rigging sc. twas my custom to make
to be absolutely necessary make the brig service
considered my duty to do, without waiting for the
authority OF Lieut. Wilkes and did il in this instance
Immediately reported to the commander of the expedition
officially the repairs had made and the expenses had
incurred He approved Of the bills when they wers
handed in to him. Ineper heard OF general report
rumor at the Bay of Islands, that the repairs and aera
tons made in the schooner Flying Fish, made for
the convenience of her officers to make her more
fashy
By Lieut.. WLxEsI made the report of the repairs
| the brig to Lieut.. Wilkes in writing.
The Court here closed for delberaton anG its
being reOpened the Judge Advocate stated to Lieut..
Wilkes and Lieut. Pinkney, that the Court had decided
that in the OF all witnesses called either by the
scouting witness the accused they must state the point
they intended to prove Icy him before summoned and if
stand, and that this be adopted general rule
all cases to be brought before the Court hereafter.
letters complained Of in the first specification being
shown to him, while he examining them The
ed said time he admitted that the letters were
written by him, and forwarded to Lieut.. Wilkes.
To the second specification the witness said that the
cused had never shewn him any letters except one
which he requested him to had he the letter
addressed to the Secretary of the Navy and accompany
| ing the charges against Lieut. Wilkes
To the third specification, the witness said he knew
nothng the transmission of the charges through third
person.
To the first specification orhe second charge for ne.
gect oil duty he saitso far as Judge of those
matters, Mr. Pinkney endeavorcd to keep the public pro-
perty from being injured
five men deserted and took with them boat which
never afterwards recovered by As regards keeping
the watch, know that strict watch not kept in
port Mr.. Sinclair, in whose watch it presumed the
deserted deck during his watch whether he
kept there constantly not do not know The
know he was on deck was that went on deck myself
being alarmed by report that vessel coming into port
was nearly running into
To the third specification he said 1T has always been
/ endeavOred
whilst surveying the Island Of Upolo--the weather
very bad most of the time dom, know whether Al dec
board kept not had much to do with the
vey, not understanding great deal about the matter
know v. nothing about his reporting his arrival
l questioned by Lieut.. WiLKEs-l deck board
nor any thing like that Zone shown HIM but there may
have been one.
made certain repairs in the Flying Fish which concev
| ed were necessary don't know whether they were
| with or without authority.
Question by Lieut.. WILKEs-I think those repairs were
the making and repairing gas and caulkng the vessel
and some other little things which don't now re-
member.
Ofthe 4th and 9Th charges the witness nothing
To the 9th charge he said witnessed any cruel
illegal punishment board the schooner. heard Of
Weaver being punished afterwards but don't think it
was cruelty or illegally. heard that Mr. May logged
him, but don't know personally.
O. by the AccusEp.-It is my impression that the
sed not allowed twice before leaving Callao repair
the vessel break her hold. don't remember whe.
Their the hold Of the vessel cleaned atMatavia Bay be-
fore arriving at Papee. know the hold broken out
but don't know whe her it was completely or not
Of the Flying Fish before me- stated to the court that
the 18th, 18th, and 10Th Sept 1885, employed in
cleaning the hold and spirit at Maava Bay
member receiving orders from It. Pinkney supernend
the cleaning OF the and inspect them and perform
ed that duty on two three occasions while
board, far inspecting them after they cleaned
was concerned II was matter almost Of impossibiy
to keep arms in order ION board the schooner; it
bad There place for them between Callao and
Otaheite except below and that almost bad
ieck. IL bad that have officer hoist
brella to keep the off him when below The
/ commands; IA
contrary he Gated them with great kindness On
casion during eur southern cruise he shared the cabin
with them The letter which copied do not remember
| tho date of, or whether il was dated Aug. 30 1889
Q.by tWiLKEs-I know was on board the Flying
Fish after left Caao, for left there in her; don't
member how, much of the voyage between thai place
and Otahete was sick board the Vincennes; think
transferred to the vincsnnes in the dangerous
chipelago and at the time the Vncennes and Fly Fish
separately wassen back to the latter at my
desire The Flying Fish was nth the squadron during a
portion the time il cruising among those islands
but dont recoec whether she was engaged in survey
ing with them though think she was don't remember
whether she fired guns to measure base by sound; had
nothing at all to do with surveying have heard other
vessels firing guns frequently but don't remember whe
her among those islands not; presume however they
did, don't know whether any were fired at Clcrmont
Tonnere.
Mr.. JAS. w. Howrsos called and questioned by Lieut.
Wkes-It usual in promulgating general orders
send copy to each of the vessels believe the survey
| ing instructions shown promulgated in the
usual way; can't say positively; don't recollect whe
Their copy furnished 10 the Relief Flying
Fish. The instructions issued in June July 1899
copy Of the surveying treatise by the commander Of the
expedition, to each of the larger vessels
not sure whether it to the schooners; don't recoec
whether it was issued without orders; don't know whe
| ther il was issued as orders.
BY Accused received from the hands of Passed Mid
shpman May at Honolulu, communication in an unsea
ed envelope addressed the Secretary of the Navy and
was requested to hand it to Lieut.. Wilkes.
By Lieut.. WuKEs-I received the package in the NOR
ming but don't rccoeo the date il was on my way to
his house, between and o'clock did not see Mr.
May the evening previous.
BY the AccUsEp-I heard report or rumor that
the schr Flying Fish altered for the convenience
her officers.
Lieut.. ALDEN recalled and questioned by 1t. Wkcs-l
very that Lieut. Wilkes was not in the Observable
~ when Lieut. Pinkney called with the package because
had Just up stairs he might have been about the
building somewhere, but to the best OF my ledge he
was not don't know what date Lieut.. Pnkney call
ed at the observatory; don't recollect at what hour he