The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-30

ENpedlton.
The proceedings of yesterday were read by the Judge
Advocate.
1t Wilkes recalled and questioned.
Q.-Have you in your possession a certain memoran.
dun made by your clerk relative the marks the box
of shells If yea produce it and if not what has
Al have il not in my possession, and don't know
where Is, NY clerk Keeps possession ofsuch papers
ted Were you told SO, and by whomi
Alt was mentioned to me by Lieut.. Hudson, that the
box was exposed with that mark
Lieut. PERRY called, and being sworn and tho
charges read to him, stated know that on the day be-
fore Mr. May was arrested he showed me paper upon
which he had written a label for his box of shells We
had some conversation about the matter and told him
thought would make his claim definite if he mark
ed refused by the Commander Of the Exploring EXpe
dition, instead OF by the Exploring Expedition he
had the label marked at the time Nothing further took
place at that time meant dsrespect by the PROPOSE
ton saw nothing disrespectul in MIR. Mays manner,
did suspect him of disrespect. / thought nothing
more OF until the next day when Mr. May down by
me in the ward room and told to my surprise that he
was arrested. Mr. May related the ersation which
he had lust had with Capt. Wilkes. That is all know
about it ; do not know who marked the box.
Q,-Were you present when MIR. May out ofthe
cabin after the interview with Capt Wilkes on the 23d
May, and what did he say, and what was his tone and
manner1
A-Iwas in the ward room of the Vncennes but dom,
remember now what he said he told me Lieut. Wikes's
manner was violent in the extremes that he struck the
table with his fist and ordered him OF the cabin Mr.
Mays manner was agitaed, but in no ways violent
angry
Q-What did the accused at that time say his manner
was to Lieut.. Wilkes in his interview
A-Eycited but not dsrespectful.
Q.-Diu he say anything ih relation TO his intentions
in marking the box MS willingness to take the mark
off if he did what did he sayl
Al don 'toemember.
lin relation Lieut. Wilkes character and manner to.
wards his officers the witness gave similar testimony
that Of all the other officers who have been examined
Q.-Have you ever had any misunderstanding with 1t.
Wilkes.
Owe have had differences respecting nv position in
the squadron and my claim first lieutenant OF the Ore
THE witness stated that the accuseds character for sub
ordination and respect was unquestionably good
Mdshipman ELLIOTT was called, and bling sworn, was
questioned
Q.Have you at any time had any conv ersation with
Mr.. Stewart the clerk to Lieut. Hudson in relation to the
interview of Mr. May with Lieut.. Wiles7 Ifyea, when
did you hear it, and please state in
Al had conversation with Mr.. Stewart about mid
day OF the day of the interview He told he was sit
ting in the forward cabin the time Mr. May came in
and he thought he going in to work usual the
charts in the cabin; he said in few he heard
Mr. May and Lieut. Wilkes talking in rather elevated
tone and heard Mr. May say because he thought was
perfectly proper SIR He said he unable make
out anything else to understand it; he could only hear
word here AID there, and that he Mr. May leave the
cabin, and that was all he had heard had
ton with Mr. Stewart at two separate times, both of
which he repeated as above giving the version of
the affair.
Q.-what induced this conversation on the part OF
Stewart
Alt was at Mr. May request asked him these ques.
tons.
Q-Did the accused say any thing you the time the
box was marked TO his intentions in marking ii If
yea, what did he say
Ale told me his for marking it, sir was that he
might be more certain of getting his shells again.
Mr. STEWART recalled by the Court.
Q-You have satedn your violence that you had con-
versation IN relation to the interview between Mr. May
and Lieut. Wilkesstotc clearly and concisey what that
A-On the afternoon of the day on which it occurred
Mr. Elliott came to and in very round about way
wished TO know what knew about the conversation be-
tween Lieut.. Wilkes aud Mr.. May. told him had not
heard the whole OF the conversation, but stated it
noisy don't recoec the exact words, however-it was
to that amount Mr. Elliott asked if / thought Mr.
May was disrespcctfu-that told him would not an
swer and several other inquiries of his in the way
of them to the effect if knew what Mr. Nav had said and
what the captain had said recollect what the par.
ticulars Were Mr. Elliott had several interviews with
me on that subject don't recolect what answers /
gave to Mr. Elliott but they nothing the purpose
did not feel inclined to tell Mr.. Elliott what knew for
had made up my mind as to what had occurred had
put it on paper.
oDid you Mr. Elliott that all you had heard of
the conversation were the words Because think it
proper, SIR used by Mr.. May
heard.
Q.-By accuseds counsel.-You have stated, that YOU
had several conversations with Mr. Elliott this subject
s, ate how many.
Al should think three at any rate On one OF these
occasions Mr.. Elliott wished to make note and
would not as did not consider him proper person
porto.
Q-You have stated that you made written memoran.
dun of the conversation produce it,
A-Paper productivity witness, which differed little from
his testimony
Q-When did you write that memorandum!
Ain the evening of that day.
ON your memorandum you state that Captain Wilkes
told him not to speak to him in his cabin. Why did you
not state this in your examination in chief being
tell the whole TRUTH
Al did not recollect that. certainly was not iten-
tonal part thought ecessary to tell the court
or should not have noted it.
QReate all You know in connection with that inter-
view between Lieutenant Wilkes and Mr. May?
Al wish TO state the Courthat this note was merely
meant memorandum to keep the conv ersation in my
mind, and did contain the whole of it First place
mentioned Mr. May entered the cabin and when he made
the remark ito state fact" he made it in very disre-
spectful manners the witness to state that it was
with all the rest Of the onversaon which was very
loud and dsrespectul the part of the accused while
Captain Wilkes was unusually mild and was surprised
at it never knew him mild under such circ,nstan
before and wondered that he did not turn Mr. MAY out
of the cabin.
Q,You represent that Mr. May gesticulated by moving
your arms did his gestures with his tone r
voice?
Al am not aware IL AZ stated So