The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-02
Naval Court Martial ON Board the L. y.
Ship North Carolina.

The Court met pursuant TO adjournment and the Judge
Advocate directed the Provost call Lieuonat Robert
Johnson who made his appearance, accompanied by his
counsel, Mr. Farley Gray. of this city.
The precep ordering the assembling OF the court,
read by the Judge Advocate and the asked
he had any objections any the officers present sitting
upon his trial, to which he replied in the negative
The ceremony ofswearing the court then perform
edand Lieutenant Johnson arrangedon the following
charges -
Charges and specifications of charges preferred by the
secretary OF the Navy upon information of Lieut. Charles
Wilkes oithe u D Navy, against Lieutenant r. F. John
son, of said Navy.
Charge lst-Disobedence of orders
Spechc ation--ln this that the said Lieutenant r. f..
Johnson then serving on board the u. ship Vncennes
attached 10 the Exploring Expedition did the 18th day
handing ohcer, Charles Wilkes, then Lieutenant Com
mandng dated 18th July, 1911 copy said order is
tached to and part ofthesc charges.
Charge 2d.Wasting the public propery in his custody
in violation OF the Act OF Congress entitled ian act for the
better government OF the Navy OF the United States, APP
proved April %, 1900.
SPECIFIC aon-ln this that the said Lieut. r. T.. John
son did on or about the 18th day of June ISL whilst
tour IN the interior OF the country of the Oregon Terrific
ry ms own authority give away person per-
sons WIN whom he met Bowie knife and pistol the pro-
pery OF the United States and time being side
arms OF Or fckerng one Of the party under command OF
said johnson.
Ar UPsHuR
Navy Department, July Ii, 1912.
The following is extract from the order referred TO
IN the LIST charge and the clause hch has arisen
the present Court Martial =
Your party provided with the necessary arms to
protect themselves. None OF these be disposed
nor anything else not given you for trade and you Will
ake care and use every economy in the expen
dture OF every thing belonging to the government, and
not abandon thing eXcept through absolute
s'ty ~ mhich decision the officer ,oho accompanies yom
coincide"
The usual question was then put to the accused who
pleaded Not Guilty.
Lieut. WILKES was then called and sworn and the first
speclhcaton being READ 10 him. he said III that
gave MN the order, SIR "A copy the order handed
hlm) This is copy OF that order. Lieut. johnson re.
fused 10 OBEY when he written order his
hand while standing at the capstan, spar deck.
directed him, he declued the ord give
me- and held my hand out and received from him.
toi MN 10 Consider himself suspended Sent
Tor Mr. HARRISON clerk and ordered him the
name OF Passed slidshpman Ed in the place of Mr. John
son. and that OF Mr. Covocaress is in the place OF Mdshi
man Ed and gave orders 10 those officers leave
ship Immediately. The anchor this time was arip ana
we Were gettnS uhderwelgh; alter few words Mr.
d with respect to whether he was prepared he lett the
ship.
lhe second charge then read, and he said it was
bowie knife and pistol combined all know of those cir.
cumstanccs are, Mr. johnson admitted he had given
bowie knife pistol away reported likewise to me
inc LIST Lieutenant and that it had been in possession
W fickeflng and likewise by the gunner When he
ted that he had given away expressed my surprises he
said he could not help H. and informed he given
TO Mr. Mcdonald or Mr. McDougal, am which.
said deeply regretted his having done SO. From his
manner understood he under obligations
the gentleman but was not stated what think
same time he said he felt was wrong, but his feelings
were such he could not help doing it. would that
ms conduct always appeared highly favorable himself
but 1t was wrong for him to give away the public propcr
sy would state that these weapons were ALWAYS in
much request, being highly esteemed for bushing and
much sought after. II bowie knife pistol II was
| for services rendered to himself and party.
Questioned by prisoners counsel through Judge Adyo
| cate.
orders changed, so that could obey them consistently
with what thought due to my rank.
Ale came to me, think, twice. He was in some
temper the trst time, and was getting the ship under
weigh ad, ised him to go below, and again in 6v
minutes as saw he vas under excitement, and told him
So think the word. were You are excited and had
better go below and think of for FIVE mnntes Before
nc made his appearance the second time, told the first
lieutenant TO send message for Lieut. Johnson TO leave
the snip on that duty The ship then under weigh
ana wished to save time The Isl Lieutenant sent a
Quartermaster and aerw to him to send an officer
ana tell him to come on deck and quit the immediate
~ lie came up the second time with the orders in his
hand was walking the deck the capstan bars being u
shipped ana the anchor hove up think they were cat
ting the anchor He came to the capstan with his orders
in his hand and was walking the deck backwards and
forwards. ] am not sure whether any words passed A
question may have been put bat was aware from his
appearance and manner that he Intended to refuse and
considered that he had refused the first interview and
there had been 10 minutes elapsed when he down
the anchor only atrip and had hove il p from
| 80 iathoms, and eating it,
Odd not tell you that the orders made me suhec,
to the control OF an inferior officer and could not obey
| such an order.
Al think not Ifhe did, did not hear it. as there was
| great noise on deck.
Odd mot request time to consider and go below for
| that purposel
Nv au'iSeu MN 10 consider H. and gave him five
Q-Did not say it too important matter TO be
| decided upon hastily
Al answer positively, " No"
Odd you not then order me to prepare to leave the
vessel in five minutes
Al have no recollection Of his returning to the deck
twice had no further tn an what have ties
| titled to- and he was then suspended.
Odd not seek your presence, and tell you that thu
orders were peculiar and ready obey them
so far as making subject to the opinion Of junior OH
| Ger
/ \
| any time.
Odd not admit that the orders were peculiar ant
| insist on their being obeyed just as they were1
Al told him the orders must be obeyed He attempted
to something about the orders but stopped him ant
| tod him he must obey them, gave HIM five minutes.
did not admit that the orders were peculiar TO him.
| Odd you to any one else, and t. whom
| Al don't recolect having admitted they pecu
| liar to any body.
O. Was not my disobedience unace ompanied by any
| appearance of spirit Of INSTRUMENTATION
Al have stated he was under excitement, much
SO the first time than his last appearance deck.
was not unaccompanied by the appearance Of spirit
| characterization
| Odd not my manner and language express that
would detract from the dignity of my rank and station
Al did not understand it so. did not know from
what cause he refused to obey it. There great Dos,
| did not hear.
Q-were you not convinced that my sole objection tc
the order the clause ending and ia this decision tn,
officer accompanying you must coincide"
| Al understood so afterwards the time.
Q-Was not the executive officer of the Porpoise wher
| was detached for special duty
| Ayes, sir.
Q.-was not passed midshipman Ed the officer VIII,
was ordered to accompany me- one the youngest of tina
| grade with the squadron
| A-There were only two on board the ship. He wa
next TO the youngest with the squadron The younge
| was Mr.. Calcovoressis.
Q.-Haye you during your experience in the servic,
known of an instance of officer receiving orde
containing cuse similar in character the referre,
tot
Al have never been such duty before. | hav,
| known but one Exploring Expedition. I have known o
such instance in the Naval service BY private in
sructous rank not TO be regarded special dutie
on the Exploring Expedition. was empowered plac,
officers as thought proper, without regard to rank
would state that did not consider Mr. Johnson be sub
ject to any Inferior and believe stated that Mr. John
| son at the same time.
| Odd you communicate the fact of your having re
ceivng such instructions the officers under your com
| mand on the Exploring Expedition
| A.-No sir, nor did deem it necessary