The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-08
Naval General Court Martial board Of
the U. =. ship North Carolina.


SATURDAY, Aug. 6.
ThAL % ASSISTANT SuRGEos CHAHLEs b. B. GuLlor,
CONTINUED
The Court met pursuant to adjournment, and the Judge
Advocate read yesterday proceedings
The President then stated that the Court was ready to
hear the defence and the accused replying to the Judge
Advocate that no was ready to proceed with his counsel
Mr. Constant Guillou, commenced reading written de-
fence.
This document commenced by referring to the high
character for attention to his duties and subordnaton
his superors which the accused had received and stating
that with such character as had been given must have
surprised the Court that he had placed himself in posi-
ton to be accused of the crimes alleged against him in
the charges but assuring them that doing he had
done he had been guided entirely by the rules and reg.
atons of the navy and if he had done any thing wrong
lhad arisen from msapprehenson OF those rules, that
he had believed that he acted in perfect accordance with
their requirements not deviatng hairs breadth
from them 1t then went state the accuseds motives
for acting as he had done, which that he had at
various times received assurances from Leuts Wilkes and
Rnggold that he should have the appointment OF Acting
Surgeon, and had received orders addressed him
SUCH and that on these promises and he had
placed great reliance but Lieut. Wilkes reply TO his writ
ten application, and his knowing the way in which Dr.
Gchrst had been treated he felt of Importance OBJ
tain definite the subject seeing that
he had refused fattering and advantageous offers from
Fleet Surgeon Walter Smith, OF the Brazil, Sur
geon in consequence of the promises of Lieut. Wilkes.
II stated that the requsion had never been sent by
him TO Lieut.. Wilkes which would destroy the founda-
ton OF the first charge for unless proved he had
10
to the ground 1t then went through the whole of the
evidence and in reference the charge founded his
interview with Lieut. Wilkes he referred to the charges
preferred by himself against Lieut. Wilkes this very
conversation, which had been written by him the
very day on which II occurred.
The reading of the defence which was somewhat long
was listened TO with much attention, the cabin being
crowded by the officers of the vessel and the witnesses
Nho have been summoned. There were also present a
considerable number of ladies, whose bright eyes and
glowing cheeks somewhat varied the monotonous charac
Ter of the proceedings These fair listeners who had been
brought board byyarious officers TO listen this defence
md to see OF the doughty heroes of the En- Ex,
probably somewhat disappointed at the character
the defence different from what anticipated from
he fiery nature OF the protest This document on the
contrary, was quiet argumentatve paper, reasoning
against the preconceved notions of the Court to the
duties OF an Assistant Surgeon when placed in the situa
zion OF the accused and proceeding upon the ground that
he to be guided by the rules and regulations and
by any custom, and suggesting that II those rules &c.
were deecyen they should be subjected revision
which is certainly much needed. The paper however
was very able one, rejecting great credit the
cuseds counsel Mr. Constant Guillou OF Philadelphia.
At its conclusion the court was cleared and RENAME
IN secret session about two and half hours when
reopened and the Provost directed call Lieut. Pnney
Lieut. Pnlney then asked he ready for trial to
which he replied and the Judge Advocate en-.
curing for what reason, he stated that it in
quence OF the nonproducuon OF certain charts which 1t
Wilkes had been required to produce and which
oessary as part OF the evidence Tor his defence.
The Judge Advocate stated that he had given Lieut.
Wilkes summons to produce the charts which were re.
qured by the accused part of his Science charge
of neglect of duty while on survey" but that he had
not received any answer from It. Wilkes, 10 whether
he intended to produce them not but they might be
Washington.
Lieut.. Wilkes then enquired for but it appeared
that he had on Shore and the Judge Advocate also
stated that there journals and other documents which
would be required for The prosecution and which Lieut.
Wilkes had been formally summoned by the Department
TO transmit to Washington which hadnot been forwarded
by Lieut.. Wilkes.
The President then stated that the case had better he
opened and the charts and documents would perhaps be
forthcoming during the progress of the investigation.
TRIAL OF LIEUTENANT ROBERT =. rIsoKSEY, OF THE
EXPLORING EXPEDITION.
The JudgeAdvocae informed the accused that the court
had decided that he should proceed to trial and read the
precep ordering the assembling OF the Court Martial and
designating the members.
The accused then asked il he had any objections to
any of the members of the court to which he replied he
had not.
The members of the court having been sworn by the
Judge Advocate, and the Judge Advocate having been
sworn by the President, the accused who is without
counsel, was arragned or the following charges =
(Copy0
Charges and Specifications OF Charges preferred by the
Secretary OF the Navy upon the information of Leue.
Charles Wilkes, of the United SYKES Navy.
against Lieutenant Robert I. Pnckney, OF the said
Navy.
Treating with contempt his superior the execution of
his Office.
SPECIFICATION |.
Int this that the said Lieutenant Robert + Pnekney de.
ing then in command OF the United States schooner Fy
ing Fish, attached to the Exploring Squadron) did write
and cause to be forwarded to Lieutenant Charles Wilkes
his commanding officer, and then in command of the
squadron aforesaid several disrespectul letters contain
ing conemptuous and provoking matter of the following
dates, to wit One letter bearing date 23d September
S39one bearing date oath September lS39-one bearing
date 10th December, lS39-one bearing date 9th Apri
lsiO-and one bearing date nth April ls40-Copes OF
which letters attached to and part of these charges
marked A. b. c. d. E-And further, that the said Leute.
nant Robert f. Pnkney did address the Hon. Sec retary
of the Navy to be transmitted through the said Lieutenant
Charles Wilkes, letter under date of 9th October 1910
containing disrespecu and contempuous language TO.
wards the said Lieutenant Charles Wilkes his said Lieu
tenant Robert F. Pinkneys commanding officer the said
letter is attached to and part of these proceedings mark
ed f.
SPECIFICATION H.
In this that the said Lieutenant Robert f. pinknev did
between the LIST day of May 1910 and the 9TH day of Oct
$40 exhibit of the letters referred to in the
part of these specific among some officers of the
iant Robert +. Pnckneys juniors and under his imme
late command And further the said Lieutenant Robert
Pinckney did between the dates aforesaid viz the LIST
May $40 and 9TH October s0 exhibit or cause TO be
exhibited to junior officers Of the squadron aforesaid GER
ain charges written statements rejecting on Tho Off
ling an example of INSTRUMENTATION, and treating with
contempt his superior officer.
SPECIFICATION ILL.,
In this that the said Lieutenant Robert Pinclnev dd
On about the 9th OF October 1910 send throuCb H.
hands of third person the letter of October directed
the Hon. the secretary of the Navy and referred TO in
he first of these specifications inclosed IN an unseaed
envelope TO the said Lieut. Charles Wilkes for transms
sion 10 the Del amen thereby allowing scandaous and
uniounded charges against his commander to be corn
mened upon by the officers of the squadron and treating
hi superior with contempt
hefoowng are the letters alluded to in the above
specifications =
(Copy.)
L. ;. SCHOONER FLYING FIsu