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

QWhat the cause of the detention of the living
Fish at Papeitei
Achieving out.
Q.-Why did she heave OUT
A-For repairs.
Q.-What reparsl
A-Genera repairs.
Q.-Was il not to bolt on her kelson1
o-was necessary orany other purpose to heave her
QUIT
Al have said it for general repairs; can't
the question farther OF my own knowledge.
Q-Was the kelson injured by the negligence Of the
accusedl
Al can't say.
Q-Were the surveying Instructions which have been
referred to sent to himl
Al think they must have been; they prcmulged;
don't know that they were sent, to my own knowledge
think did sign those instructions to be the Fly
Q-Does the error in the chart made the survey by
the accused indicate positively that the survey per
formed neglgentlyl
AIN my opinion it does.
Qfou have stated that the notes of the survey made
by the accused not sent to you and that you could
not verify IT. How did you ascertain twas erroneousl
A-from the survey and my own observ alton, and no
Q-Was there not much greater in the survey
OF Island by the Peacock than in that made by the
acclseaf
the Vmcennes, the Peacock the Porpose the Flying
Fish, the error was in the survey made by the Russians;
that was part OF the work OF the Exploring Expedition
! feel particularly proud Of
Q-Did Lieut.. Knox survey Upolo in sa. If yea pro.
duce the chart.
Al think he did survey it, he attempted to sur
veyh
Wv Peac0Ck ordered to Upoo expressly
survey the south side of the lsandl
A-That was the principal cause.
Q-BY THE CouRT.-Did you inform Lieut. Pinkney of
the report made by Capt Hudson and the carpenters and
afford him an opportunity of explanation previous to adj
dressing him the reprimand of the 23d sept7
A-Not to my recollection
Q-By Accommodates to the log book of the Flying
Fish and say when the manmast found to be sprung
23d September.
Al can't vouch for the log The witness objected to
being examined as to that log for the purpose OF
lmpeaChlng his testimony and
tined that he had made memoranda in writing at that time
relative to his conduct
The Judge Advocate the ues of the log on the
oath September from which appeared that was the day
en- which the defect was discovered.
It. WILKES still objected, and the Accused then offered
the log book in evidence to prove that the manmast
not discovered to be sprung until the oath September
Q--Where was it the accused spoke to you about
rating one Of the crew of the schooner boatswans
mate
Odd you not at Apa give the accused permission TO
rate man as boatsw ain's mate.
A.-No, not as understand it. | gave him permission
to nominate report but not to rate one would
to any officer under my commands particularly not
bostswains mate though might other petty officers
refused boaswans mate TO the Sea Gull before she
lost, and appointed quarter master to her.
Q-To whom was that refusal made1
Al believe TO Passed Midshipman Kelley her COM
| handing officer.
| Q.Was Henry Tabor reported to you for refusing
| to punish one Of the crew of the Flying Fish,
| A.-Not to my recollection.
Q.-Was the accused raAed as 1t. Comnd'g in the Ex-
| ploring Expedition
| Al believe he was he received the pay. suppose
| he appointed. The appointment will shew.
Odd you order Purser VIM. speeden to deduct $500
| from the accused, and for what reason?
Il ordered Purser Speeden to deduct the amount OF
extra pay from the accused in consequence OF his
having performed the scientific duties which entitled him
to it, after received the knowledge of the destruction of
his journal and that he and kept none.
Odd you not retain in possession for year
more report made by Of your behaviour to the Sc
cretary of the Navy.
The witness declined TO this question il was
the subject OF one OF the charges preferred against him by
the accused and he might criminate himself
The accused stated that his for asking tn cues
ton was to explain why he had the package
ing his charges against 1t Wilkes in the laid
the charge against him.
Lieut.. HuDsoN recalled allow him to explain some of
his testimony of yesterday He stated that the in
sructions the date of receiving which he could not
member henwere received by him 10Th January $780,
off Rio Negro
Mr.. DIBBLE, Carpenter, then called and sworn
and questioned by Accused. did make report
statement to the condition OF the schooner Flying Fish
or her sails the 23d Sept 1885, She lying Point
Demas when her keon found to be loose. cannot
whether the hold was broken She broken
out far that could examine her keon the mast.
don't know how far aft could the kelson suppose
10 or IL feet aft perhaps feet forward went Papete
| in the Peacock from Matavia Bay. The schooner
heaved down because her keson loo7e AMI
20 be broken and II was to secure il think the schooner
was at Papeie Vhen her ruinmas dscovcfeI To- be
sprung am sure u was. an not able 90 what
the condition OF the schooner bowspi hen the
took command vi her az Callao 1t Pinkn,y asked
and look at IT, but don't rccollect hat the condition
was The schooners hold was clean at Papete the 23d
September, when was at work in her.
The accused here stated that he had concluded his
and asked to be allowed until Monday 10 prepare his de-
| fence The Court expressed wish that he should be
ready tomorrow whom he stated that he could be ready
by ~ O'Clock tomorrow and the Court journed until 10
| O'Clock tomorrow