The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-28
Copy
GENEkAI ORnEn.

hundred and orytwo all journals rough notes. writings
memorandums drawings sketches, paintings, well as
leaving the United States August the eighteenth egh
teen hundred and thirty weight, Of all which they will
correct inventories to be made and carefully put
up giving the officers persons from whom they
ceived, receipts therefor
The above order is to be construed in its spirit well
literal construction and they will particularly inquire
of each person. if he has given up all and every thing
connected with the expedition that ma7 be important
to in the illustration OF part OF IT, of facts rela
tive to it, whether gathered by himself derived from
Others all Of which they will report in writing
closing Herewith the list of every thing that may be re-
ceived.
United States ship vncennes At Sea- May WA 9h lsa
Commanding Exploring Expedition.
Passed Midshpman May then asked submit for
the consideration OF the Court protest prepared by his
fully desired that his counsel Mr. Henry May might be
permitted to read II.
The Court was cleared and reopcned in about half an
hour when the accuseds counsel informed that they
were prepared to receive the protest.
The accuseds counsel then proceeded to read portes
which he had drawn out the first being that the
crime appeared on the charges had been committed
the 18th May 1899, and, therefore, barred by the
been tried by Court Martial assembled by Lieutenant
Wilkes in October 1910; and the last that the charges
had been exngushed so far Lieut. Wilkes was con.
cerned, and were merely prepared by him to
the accused in support of which the following letter
from Lieut.. Wilkes to Midshipman May read.
A true copy Of the original. w. May
U. s. SHr ViScESSEs AT SEA. May oath, ls42
Your letter OF to-day has been received. Your apology
as far asrespccts myselfs sufficient but it furnishes none
your gross violation of the laws rules and
Of the service and extremely regret the necessity YOU
have placed me under to prefer charges against YOU
vented further infringement by you OF the laws rules
and regulations Of the navy.
the end Of the cruise that the charges formally made
against you would have been cancelled You were made
rasty for Your good behaviour du, ing its duration.
You will see by reference to your charges your
first offence how great forbearance has been and the
desire have had to place you as you formerly stood has
been evnc in my restoring you the satiens
throwing no mpedments in the way OF your promotion
Although am disposed to make great allowances for
any officers acting you have done first ofenceyet
repettonplaces beyond my power withhold actions
consistent with the duty and obligations the
vice. and the respect that due to the station occupy
Very respectfully, your obedient servant,
(signed) CHARLES WILKES,
Commanding Ex ploring Expedition.
To Acting Master WIN. MAY, U. s. Ship vncennes.
The protest then proceeded to argue upon the fore
going reasons citing many authorities, both English and
ed and referring to the English statute, which precudes
any trial upon any charge for crime Except that of
murder committed than three previous the
making OF the charges 1t also argued against the prac
uce of holding charges in terorun to be preferred
contingency which practice had been severely reproba
ed b. writers martial law and also that the charges
had evidently been cancelled, the accused had been
these alleged offences and concluded by expressing con.
fdont hope that the Court would not call the accused
to answer the charge complained OF.
The Court then cleared, and being re-opene5,
the Judge Advocate informed the accused that the court
sustained the protest. and the first charge therefore
qusshed
In reply to the usual question, Ne. May pleaded Nor
The pr,sa1, yas then Erected to call Lieut. Wilkes
who w sworn NV III resident aud the first specification
of The charre re to him by the Judge Advocate who
asked him mat he knew respecting 1t, to which he re-
nI;sd know that the box Marked sir I saw IL
:, a.ding abreast the capstan and after having seen IT,
directed my clerk to takedown the words exactly That
is all know about IL.
The Judge Advocate read the second specification and
Lieut. Wilkes said know that these facts, sir, to the
best of my belief are true.
JUICE ApvocATE-Just state sir what occurred exact
ly, when Mr. May entered your cabin.
WIrSxss-Mr May entered my cabin in boisterous |
and hurried manner and put the question to him con-
tanned in the specification asked him his reasons for
marking the box, and he said stated the fact asked
him his reasons for marking So and told him he was
any Shells asked him il had refused TO purchase
any of him. to which he replied you but your
agspt, agents have. His manner Of doing this was
exceedingly rude. remarked to him, then, that he
mistaken and he meant disrespect he would
the mark he replied he would do such thing. i-
manner was so disrespectfu that fs my duty order
him ou, of the cabin, and suspend him from duty.
Liner Anyoc,rr-Captan wilkes, did you order your
agents not TO purchase the shells in question
A-had no agent or agents ana gave no oroe, ;o
were empowered to purchase shells by general orders
dated at Orange Harbour, and on producing vouchers
they would be paid by my oroer On ,ne P",s 1no;h
nnrcbased from the natives, by little tobacco or some
beads give by the officers , ,,,. /
Questioned by the Counsel Of the accused, through"e
Judge Advocate - -, me-. u, \, ,o
Q.-You have stated the boz OF shels way narAeV w
You know who marked X Z -. !,
Al 40 not know. presume it war the painteroW
did not sec marked, and cannot therefore, si
Owns no. ships painter detaiied 10 marx "A .s,
Al do not know whether one was actualr
for that purpose, or not, but 1t was stahoins ''