The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-30
General Naval Court Martial, on board the
U. y. Ship North Carolina.
) MONDAY, AU0. Z

TRIAL OF LIEUT.. CHARLES WILKES, CONTINUED.
The Court met pursuant TO adjournment, all the
members present, the Judge Advocate read the pro-
ccedings OF Saturday.
LIEUT.. RINGeoLD being DESTROYS OF making some
corrections in his testimony of Saturday, was re-
called by the Judge Advocate.
Question by JUDGE ApvocATK.-State the con-
versatlon that occurred between Lieut. Wiki s and
yourself at New Zealand, the subject oi dis
covery OF the land on the 18th Of January, 1910.
Al cannot say that the conversation related TO
The discovery of land the 18th but il certainly related
TO the discovery of land previous the 18th. Lit.
Wilkesremarked TO me that on the 10Th he asked
me the question II had seen land | told him |
had misunderstood his hail, and supposed he asked
me IT wanted anything, and answered, "no-
nothing.~
Q.-From what do you draw your inference that
land was seen on board the Vincennes on the 10Th.
18th
Ave were running on the same parallel of
latitude, east and wes and from the strong indica
lions ofland saw on the 18th and 10Th, | think il
presents strong inference that land might have
been discovered on the 18th by the Vncennes
moreover, my position on the 18th was near that OF
Bellamy, an English navigator, whose report Of the
our arrival at New Zealand. am now almost posi-
lively satisfied that what ] on the 18th was
land.
Crosscranlined by Mr. HAMILTON, through the
Judge Adv ocate.
Q.-From the positions of the respective vessels
on The 18th OF January, lSiJ, could they not each
have been In the vicinity OF continent, if any
fact that The Porpoise was 2lO miles distant from the
Peacock, and 300 from the Vlncennes any evidence
that land could not be from one or both those
vessels AT the same time
A.To the first part OF the question l answer
yes. To the latter-no.
Q-Were not the positions Of these three vessels
on the 18th the same as II they had been on the
continent OF America, one OIL Boston, another oil
New York, and the other oft Norfolk, all parallel
with the coast?
Ayes, sir.
Lieut. De HAVEN called by the Judge Advocate,
and sworn.
JUDGE ADvocArK.-Who was master Of the Vim
cennes in January, lSi0l
Al was
Q.-State whether Lieut.. Wilkes was in the
habit of examining the los-sook carefully and FIRE.
queatly2
At was sent into him dairy at two o'clock.
Odd he ever lind any fault that 1t was not re-
corded on the log that land was discovered on the
l9lhl
A.-No, sir--not that recoect.
Gross examined by MIR. HAMILTON through the
Judge Advocate.
,.Q-What portion of each day of Lieutenant
WIlkes's time was employed IN the duties OF the
squadron while you were master
Al can't say. He was on deck a greater por.
ton OF the day, and was very attentive.
,Q.-Was he not occupied the most of the night
also 7
Ayes.
The JUDGE ADVOCATE then read the following ex-
tract from Synopsis of the Cruise OF the U. 5.
Exploring Expedition, delivered before the National
Institute, (Washington,) by its Commander, Chs.
Wilkes, Esq, on the 10Th June, 1872"
"The dscoloration of the water was soon perceived,
and seals and penguns were seen in numbers, but
pearance of land until the 18TH 10th and l7h in longi
tude 1850 deg. east and latitude 65 deg 30 min. south.
The Peacock, Porpoise, and Vincennes all agree TO
this though many doubted the existence of land consd
" On the morning of the 10Th january, on board the
Vincennes and Peacock land was ascertaned positively
to exist though they were separated several miles,
Mr.. HAMILTON said. as the Judge Advocate had
offered extract from the synopsis" in evidence
the whole of IT should go on the record as ev-
dence.
The JUDGE ADVOCATE said he had no objection
he would permit it 10 60 for what il was worth
1t. CASE, called by the Judge Advocate and
sworn.
@. by the JUDGE ADVOCATE Who had the NOR
ming watch of the Vincsnnes on the 18th January,
1870 from O'Clock till IL!
Al had.
Q-State whether you discovered land on that
day, or whether il was supposed on board that land
was seen on that day.
Al did not see any. | think It. Alden said
something about appearances Of land when ! re-
lieved him, but my recollection is very indstinct
and should not have recolected it if my attention
had not been recalled to it cay two since. 1t
was not supposed on board that we saw land on
that day TO my knowledge.
Q.-Have you any distinct recollection when you
first saw land
u
afterwards on the 18th or 10Th. What saw on the
18th or 10Th, when we certainly saw land, induced
me to believe saw it on the 18th or 10Th, the ap-
pearances being the game.
Mr.. HAMILTON objected TO this course of examina-
tion, as the Judge Advocate had introduced Lieut.
Wilkes Synopsis as evidence, which states land
was seen on the 18th from the Vincennes and Pea
cock, and now attempts 10 impeach his own evil
dence by showing that land was not seen from the
Vincennes on the 18th.
The JUpoE ADVOCATE offered the following as his
reasons for Introducing the Synopsis: THE objec.
ton OF the accused Is founded in utter mistake, if
the purpose Of establishing the fact, that Lieut..
Wilkes saw the land on the 10Th. The purpose Of
the Judge Advocate was this, to show that Lieut.
Wilkes determined TO repudiate any idea Of the dis
corery Of land by any one else than himself That al
though there were some grounds to suppose that
Lieut.. Ringgod had seen the land on the 18Th and
10Th, Lieut.. Wilkes assumes in the Synopsis that
this cannot be So. My object was TO show by his
own declarations that he had much stronger grounds
for supposing land had been discovered prior TO the
18TH than he had that day, but that he would not
adopt that idea because II was not discovered by
him. The Counsel might as well say that have no
right TO contradict the declarations of the accused TO
Lieut. Rnggold, upon the ground that it brought
out the part of prosecution | produce the
synopsis OF the accused tor the purpose Of showing
that 1t contains intrinsic evidence that land not
discovered on the 18TH
Mr.. HAMILTON contended if the Judge Advocate
selected portion Of the book as evidence in his
case, the accused could select any other, and if he
read an extract prove that land was seen on the
18th, he could not bring evidence TO rebut it
The CoUrr cleared and on opening The doors
the Judge Advocate announced that the Court had
ruled out the Synopsis" as incompetent evidence,
and the objection of the counsel was therefore
ruled.
Mr. HAMILTON requested that il might be noted
on the record that he excepted TO the decision on
the ground that after the synopsis" had been put in
evidence, and extract read from 1t by the Judge
Advocate, IL could not be excluded
Examination Of Lieut.. CASE resumed.
By JUDGE ADvocATE-When did you first hear O
the claim 10 the discovery Of the land the l9th
Alt was either at Sydney, or when read the
report, but think it was at Sydney.
BY CorRr-Were you not Immediately employed |
on the morning Of the 10Th in getting out the boats
10 tow the ship of the icet
Al think was.
Odd you on the morning Of the 10Th January