The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-29
Naval General Court Martial on board tho
Us. Ship North Carolina.

Naval General Court Martial on board the
Us. Ship North Carolina.
SATURDAY, Aug. n.
TRIAL OF LIT. CHAs WILKES, CONTINUED.
The Court met at 10 o'clock precisely-all the
members present. The Record OF yesterday was
read by the Judge Advocate.
Mr.. HAMILTON stated that yesterday there was
some misapprehenslon on the part OF 1t Pinkney
IN relation 10 the date of letter, copy of which
dated December 49, 1889, was read yesterday, anc
1t. Pinkney swore he under the impression tina
the original was dated either the 9th or 9TH of De
cember, and certainly before the 18th. 1t Wilkes
now produced the original letter sent by 1t Pink
ney, which was dated December 18th, 1899" and
consequently the copy read yesterday correct
except transposltion in the last paragraph.
1t. PINKNEY admitted that the letter produced
was the original sent by him 10 1t Wilkes, and the
date was correct. AT the same time he commended
that the letter of the 9th December, offered yester
day by Lit. Wilkes as an to that of the 18th
was not an answer to that letter as il referred 10
events that took place on the 18th of December SUBJ
sequent TO the date OF his letter He also said he
never received written reply TO his letter of the
18th from 1t. Wilkes.
DR.. PALMER recalled by the Judge Advocate.
JUDGE ADvooATs-State whether you did not
state to 1t Hudson that 1t. Pnkney's health was
suffering from long confinement, and whether 1t.
Hudson did not inform you that 1t. Pinkney was
confined by order of 1t. Wilkes.
Al did represent to 1t. Hudson that It. Pink
ney's health was suffering from confinement, and
IL hudson gave me unequlvocally TO understand
That Lieut. Pinkney was under confinement by or
der
The PRESIDENT said that the witness could not go
on and state this conversation las it was mere hearsay
evidence that an order existed he could prove there
was an order TO this effect only by having the
order himself
Com JONES said that 1t. Pnkney had sworn that
he was confined on board the Peacock bv an order
from LIT. Wilkes to 1t. Hudson, and that 1t. Hudson
had sworn he had received no such orders for his
confinement, and he thought Lit. Pinkney should be
allowed to show that he had been informed Ly 1t,
Hudson, or that others had so been informed by
him, that such order existed for his confinement
or otherwise it would appear as if his testimony had
been lmpeached.
The Court was cleared to decide on the admissi-
blllty OF the testimony, and when the doors were
re-opened atera lapse of fifteen minutes, the Judge
Advocate stated the Court had decided that the an
swer of DR.. Palmer to his question was not testimo-
ny, and he therefore directed the witness to retire
The JUDGE Advocate readthe articles of enlist
ment OF Samuel Pensyl, bearing date Oct. H. 1886 !;
Philip Babb, Nov u.s. 1886; George Smith, Nov
10, 1886 and Samuel Dnsman, Nov, II, 1896 by
which they voluntarily enlist in the u S. Marine
corps for four years from the date of their respective
articles.
The JUDGE ADVOCATE said he now proposed to
take up the first specification OF the sixth charge,
entitled " scandalous conduct, tending to the de-
strucon OF good morals" which charges that " 1t.
Wilkes in his report No. 63 to the Secretary Of the
Navy, dated March IL, 1910, did utter deliberate
and wiful falsehood, in the following words, to
wit on the morning of the 18th of January, we
saw land to the southwark and eastward, with ma
ny indications of being in its vicinity, such as pen
gums, seal, and the dlscoloration of the water but
the lmpenetrable barrier OF ice prevented
approach to 1T; the said Lieut. Charles Wilkes well
knowing that land TO the southwark and eastward
was not seen on said morning, asserted by him.
The JUDGE ADVOCATE said that with the permits
sion of the court, lac would state what he expected
to prove in relation to this specification, carefully
sustaining from entering into argument on the me-
rlts of the case He then proceeded as follows =
6 First, will show the relative positions of the
Vncennes and Peacock on the 18th January, 1910
Second, will endeavor TO show, that land icds
not seen at all on board the Vincennes on that day
That an officer reported appearance OF land, but
that the report treated with such neglect that /,
was almost Immediately forgotten; that this claim
ofdiscorery on the 18Th not set mp until the return
Of the Vncennes to Sydney, ,chere 1t. Vakes touna
that the discovery tras claimed by another nation.
" Third, That the commander of the Peacock
expressed his conviction the spot, that what had
appeared TO them to be land, turned out to be ice,
saying to an officer Our land has turned ont to b.
ice = that he made the officer of the watch
The remarks the leg the appearance of land, and
instructed hum to state that turned ont TO be an ice
berg, !,
met in the Antarctic on the 18th of January that
the commanders had conversation, and that LII
Wilkes said nothing Of the discovery Of land on the
10Th that 1t. Wilkes, afterwards at New Zealand,
and after he knee that the French claimed the discovery
on the afternoon Of the 18th, stated to this same Off
certhat he had made the discovery on the morning
of the l9h and that this officer expressed his sur
prise thai he had not mentioned so important mat
ter to him when they met In the Antarctic on the
18th.
Fyfh-That Lieutenant Hudson stated to an Off
Ger OF the squadron that all the credit OF the discovery
of land on the 18th, was due TO the Peacock after
all. as the Ilncennes had not seen It umtath 18th
hat Iux1d USx h f,rr
e6fcers Of the Peacock the 10th Of January, and
that their report was treated with utter neglect.
If all these points are established by the testi-
mony shall introduce, it is for the court to deter
mine whether the specification is sustained"
The Judge Advocate took his seat, arranged his
papers, and prepared for the examination of the wit
nessess, with the air of one who was determined tc
use every effort TO elicit the ,choie truth if possible
on this most important specification.
LII. ALDEN, recalled by the Judge Advocate.
JUDGE ADvocATE.-State who was the officer OF
the deck OF the Vincennes on the morning of the
10Th January. 1910, from 8 to IL O'Clock, meridian
Alt. Case
JUICE ADvocATE.-State what you know OF the
first specification of the sixth charge.
Al never heard OF discovery Of land that day,
nor did hearany claim set up until the arrival OF the
vessel at Sydney. When we anchored at Sydney we
heard that the French mad discovered land on the
afternoon of the 18th. Lieut.. Wilkes was then on
shore. When he returned on board, received him
at the gangway, and remarked to him that s. the
"dont you recollec reporting to me appearances OF
land on the morning of the 18th! ! told him 81
couldn't recall 1t TO my mind then," and ] referred
to the log, which convinced me al once, from the
fact that had the morning watch, it being Sunday,
and other circumstances, that had called his aten-
ton to something that looked like land on that NOR
ming. 1t was quite foggy during the morning watch.
A little after 8 o'clock, heard the surf or ice
berg in close proximity. sent word TO 1t. Wilkes
that such was the case. He came on deck, and the
fog had then lifted little, so that we could see the
ice, and it was tolerably clear. He looked round
and said something about managing the ship. L
was at the time looking towards the southwark. As
he was about going below, said to him there
is something there" pointing to 10 the southwark,
clocks like land - He made no reply, and seemed
to treat the report with neglect, and went below.
JUDGE ADVOCATE the circumstances under
which these two charts were made, and by whom
Here the witness was shown what purported TO be
Two charts of the "Anarctio Continent discovered
4 T..