The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-23
Naval General Court Martial board Of
the U. 8. ship North Carolina.

TRIAL LIEUT.. CHARLES WLKEs ceNTtNuED.
The Court met pursuant to adjournment at 10 O'Clock
The puncuay CT this Court is deserving of all praise
and might example many OF our city courts
the members OF which seldom assemble until hour after
the time x'd for opening their courts and then generally
er away as long period before they reody to pro-
coed business much to the and loss of time
of witnesses and jurors that compelled to attend
The JupGE ADVOCATE read the proceedings OF Saturday
LmuT. sIscLaiR, called by the Judge Advocate and
| sworn.
JyDoe ADyocArE-state what you know in relation to
the first specification of the third charge This charge
| entitled "Disobedience OF Orders.'o
Aldo not recollect the dates specified there reco
lect the occasion OF Lieutenant Johnsons landing and
having his boat bilged. The day, think went
with Captain Ringgold in his gig, where there were
large party of boats belonging the different vessels
gig When got in, it appeared they had endeavored to
and the natives opposed their doing by spears and
throwing pieces OF coral After several attempts land.
ing different officers swimming into the surf and being
back by the natives Mr. Wilkes fired at one of the
natives and struck him in the face the blood run
by his eye; he sat down and washing off the alter
holes in the coral The other natives collected
around him, and another gun was fired, believe IRON
of the Peacock boas think there were two
perhaps two barrels from the gum and about the
time another gun discharged from one of the
Vincennes' boats believe that Mr. North and Mr. Peale
the two persons who fired those guns but am
certain AT the second discharge the
in body Il should not think there than twenty
with the exception Of one man whose friends were
trying drag him of he appeared to be wounded with
small shot in the breast He appeared be perfectly
GUS with rage and then received another charge Of
shot from the Vincennes boat He then carried off,
unwngly to the bushes beyond reach of shot. These
guns loaded apparently with small shot fhey had
been balls they would have killed him. After the natiy
retreaed the wood few officers and men throug
the surf and landed on the coral them hunting Tor
shells in the vicinity of the boat was the mSres
sion that Mr. North attempted to make ATOMS
but whether he succeeded not cannot say ought
mention that before Mr. Wilkes fred large pieces coral
were thrown in his boat by the natives.
GLOW many persons were in the boats belonging to
the squadron
four and six cared boats ought have mentioned that
Mr. Wilkes endeavored to concate the natives through
an interpreter when went in.
QWas any OF the party of the whites injured by the
A.-Not to my knowledge.
GLOW long did the party who landed remain on
A-No more than ten or fifteen minutes They were
hurried off by Mr. Wilkes.
Q,-Who was the interpreter and where he pro-
cured2
A man from New Zealand, who had been shipped
not appear to understand their language very we'll We
left the island Of Clermont Tonnerre that night
JUDGE ApvocArE.-State what You know Of the second
specification.
Al of the party that landed at that town.
We pulled in with all our boats. The natives col
lected in large numbers and appeared to be well armed
The first cutter the Vincsnnes hch they had captured
from Mr.. Knox, hauled up the beach partly dis
maned Mr. Wilkes sent the Interpreter perhaps two of
them demand that the natives should give the boat up
That the talk. do not know it Of my own know
ledge The result of this demand was that the boat was
brought down by the natives with part of the articles
that in her We then returned to the schooner and
Mr.. Wilkes told us would go in after dinner and burn
the town. and give those fellows lesson, something
tina, effect The ttves were leaving the town in large
parties while at Inner When we pulled in
fire. did not know there were two towns. did not
any trees cut down. saw few hogs killed The yam
houses, in which the yams were were burned down with
the of the told by the interpreter that the
ans good yet. The buildings were of bamboo
frames, and thick matched roofs they made hot fire.
JuDGE ApvocATE.-State what you know Of the third
specification
HAMLroS said the accused admitted the burning Of
those towns.
JudaE Apvoc ATE-State whether the burning of the
town VIENNA Lebre took place before the attack Ma
olo and how long?
weeks before the attack on Malolo.
How far distant is the Island of VIENNA Lebre from Ma
lolol
A.--Msre than eighty miles, Should think.
Q.-Were the yam houses at Maolo destroyed
Al saw no yam houses. There were hampers Of vans
in the town, and destroy ed some of them myself.
Odd you any dead bodies of the natives after the
route; if yea how many
Al saw dead bodies perhaps four five; the ma
tives carried them into the houses, and suppose they
burned the natives carry them into the houses
while was at the gate OF the town.
Q-Do you know that any living natives persisted in the
Aames2
Al do not sir.
Q-Do you know any thing in relation to the fifth spe-
cifcaton
Al do not in relation to the sixth specifca-
ton.
Q-Do you know any thing in relation to the first spe
ciicaton of the fourth charge, Illegal punishment
Q.-Do you know any thing of the second speciGca-
ton
Al do not
The JUDGE ADVOCATE stated that he would not exmne
any witnesses the third specification until the return Of
Lieut. Johnson from Washington, where he had gone TO
search for documents
BY the CouRr-Did You go shore at Clermont Ten.
ne.re So did you yourself see any wounded natives
Q,-How the first cutter to be cap ured, aud
eny Killed or wounded on board OF her =!
A! can't tell was not present at the time Of her cap
ure Mr. Knox had charge oil her. believe none were kill
Cross eraminedby Mr.. HAMILTON through the Judge Ad-
vocate.
Q.-Have you had any difficulty with Lieut. Wilkes DUR
ing the cruize2
Al have.
Q.--How far were you from those wounded natives?
A-Within about twenty thirty yards perhaps more
Within gun shot, small shot.
The testimony of the witness then read him
the Judge Advocate and its he stated that
1t was his Impression that unless they had attacked the
towns the natives would have murdered the whole Of
them.
The Judge Advocate said this only impression
of the witness, it could not be stated as evidence.
The JrDcE ADVOCATE proposed to read the order of
Lieutenant Wilkes to Lieutenant Hudson, dated at Homo
LULU 18th December 1870 in relation to the fifth speclf
cation of the third charge which charges the desru con
of three towns the Island OF Upoo of the Naviga
tors group.
Mr.. HAMLros objected the reading of the order,
the ground that the specification charges the order to
have bsen given on the 18th December, $780,
Lieutenant WILKES stated that the order dated on
the LIST December lsl0 and not the 18th or l5th
Lieutenant Hudson went to sea on the 3rd December
The JUDGE ADVOCATE replied that he had drawn up the
specification from copy Of the order furnished him by
Lieutenant Wilkes and which copy dated 10Th De-
cember He had the copy among his papers shore and
it misdsted, he should send on Washington to
prefer another specification the subject which
would not be liable to this objection.
Mr. HAMILTON asked if the accused 10 be threatened
with the power Washington in this manner, whenever
he objected to proceeding Informally in his case.
The JupGE ADVOCATE said that he not certain the
copy obtained from Lieutenant Wilkes dated the
18th" but he would ascertain when he went shore
Lieutenant WILKES said that the order the Judge Advo
held in his hand dated the LIST December 1910,
and not the 18th, he supposed and that the
der " referred to in the specification.
Some time spent in endeavors to decpher the date
and the Judge Advocate at last to the conclusion
that the order actually dated December lst ls4o"
Mr.. HAMILTON then said that Lieutenant Wilkes waived
his objections to the introduction Of the order in evidence
and it was read by the Judge Advocate
The order, after giving Lieutenant Hudson various d.
rectons connected with the scientific objects Of the expe
don, directs him. arriving at Upolo to endeavor to
capre the Popatuno and obtain annie Tor the