The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-05-09
Circuit Court OF the District or Columbia, FOR
Washington County.
TRIAL OF CAPTAIN WILKES.
(ConfinuedJ


FRIDAY, April 49, 1916.
osAs: v 0lllou sworn,E1amined BY Mr. Bradley
.r s9nc controversy with Mr. May upon the evidence
cock brought this morning into court and upon the ties
umoHy Of this witness after agreement yesterday
that the examination Of witnesses should then be closed
Mr.. May having. however conceded the examination Of
the witness he dcposcd was officer of the cxplor
ing expedition | sailed with the expedition from the
liicd states; with at the island of Oahu in 1870
rec0ect the circumstance Of the marines being imprs
oned IL the fort there; visited them in the prison;
forget tho precise time living shore; was
esenshy under permission to leave the squadron; saw
Lieut. rinckney, who said he had letter from the pr
soner IN the fort In which they complained Of their DO
ston-hat they we're in state Of suffering asking him
% take eognrance Of IT, for that they intended to com.
plain to the Secretary Of the Navy was asked by Mr.
iinekney TO accompany him TO see them; after some
hesitation consented TO 60 because their complaint was
something Of that went with him into tho fort; as
we came into the area Of the fort saw two, perhaps
three prisoners near door within the limits Of the for
casoni they spoke to Mr. Pnckncy and stood by to
listen TO what they had to say; certain that took
any par ~ tins conversation; did not go into any Of the
cells think ~ was sometime in November ls40; the
prisoners looked hlthythcy dressed in shirt and
anlaioons and not ing else; do not ember how they
~ now; saw but very little Of them a. went but
&c 10 the tinccnrss to which ship were attached;
oe no report 10 the officers Of the shprecollect OF
report being made, do not remember tho formation
the Tort do not recolcct that the in front OF
.osernors house; do not know whether tho letter
. not rocollect 'aai Bsab a large gigantic man.
vent on TIE ground Of tho III health Of the prisoners
Qet0CncQ
bcus position delicate about going into the fort
eaesp, IN the line OF my official duties. Prisoners
,nie1e no complaint TO me, % they were in du-
oous position like myself II Is kumiliating confos.
on ont was afraid to inquire into their situation; ii
liable TO be construed into dsafection. Do not
sk inst had right to inquire into the matter at ALL
ready TO offer my services had they asked thom; j
needed medical assistance, | was ready to offer
my service; but was not my Office inquire into
complant. when had no doubt, that they had or
cd for
o" eransnsd BY Mr.. MAv-I was an assistant sur.
or medical officer attached to the Exploring Expe
ri went with Mr. Pinckncy to visit these men,
having sent him complaints that they we're in q
ing condition; from that part Of the fort which |
could not judge Of the interior, but the area ap-
10 have dry surface. The walls of tho cells,
coral s 70 OS .ss O o.
Jain long time. | should suppose therefore, that
me ground noor Of the cells would 30 damp did
the Interior OF them; but the cells Of
cess only open on one side. should suppose they
subject TO all the Inconvenience Of such places think
some four five six feet above tho levcl Of the
The cells believe, had dirt floors The food called
sro is dubious root which grows on the island in wet
marshy places and consists in part Of nutritious matter
End partly Of fecula, starch. Tho effect Of
, Sson uYon the system depends in great degree
sailors are peculiar-at they habituatcd to hard
food dcult Of digestion carrying of constantly great
from this hard diet to vegetable food certain in con-
sequence Of an attack Of diarrhe should think that
q
none other that disrrhs must follow that the vegetable
would scidiy upon the stomach and keep up the dsor
ger Continued and should think confinement In the
Tort would not be comfortable board ship-for
shp-poard the prisoners could have better ventilation
keeping the ports open. and they would not be sub
they would have dry floor under them, kept clean.
should suppose the fort place where vermin hinroduc
cd would be certain increase; would be dicult to
eAterminsie them for the cells dark and in them
you could Dot see the vermin till you felt them. ! am
now attached to the ship Columbus was ordered BY
Of he Nuvv IN IIr.
OF this Court have come from New York il is my
Impression that the Government pays the expenses OF
sry q the Navy ordering witness to repair TO Wash
ington and report himself to this court for the purpose
commander OF the late Exploring Expedijcnl
Mr BsApLEr hero stated that the order just read
addressed letter TO the Secretary of Navy request
ing him to have the witness brought forward
ny Mr BsApIEr.lti Is customary on going into port
TO get ffcsh vegetables for the think might
nave done mixed with other food taro formed part Of
the food Of the crew while lay at the island; have
no recollection Of the specific disease complained Of by
these men; seldom possible visited the Peacock at
Oahu the rains frequent that island they
an A. ~, regions near the sea- scarce ever rode
no sr never said At did not rain at Honolulu it rains
toesi u has less iarnaccous matter and mucage
and eNiraneous matter; cannot say from observation
themselves have said 10 me- CMr Bradley objccted.j
bont know whether prisoners could have been confined
~ ,he rcacock was mostly resident on shore; know
THAT prisoners have been confined in both vessels.
by Mr. BRAplEr.-Cannot say much OF the hold of a
snip never having taken particular observation !
should think u was comfortable than tho fort IL
the hold were broken up, there would be room;
nght have been possible that the prisoners would be
more comfortable in the fort than In the hold of the shin
but can scarcely concedc III the hold can be well ven
uiated BY opening the hatchways and letting a sheet
down o. 10 often done. lwitness here dischargcdl
ar NAY objected to the evidence sought TO be intro
duced BY the counsel for tho defendant from the log
book Of the Peacock at this stage OF the
He objected because the log book had been kept
the mouse Of the defendant Subsequently, with con-
ion attached the counsel for the plaintiffs assentcd to
the introduction Of the evidence frola said log.
The residue OF the day taken up by the two
MES IN The discussion Of the case before the court the
various issues upon the evidence given points Of law
constructions OF authorities citations prccedents
sought 70 De iniroduocd upon instructions asked by the
counsel Of the court to be given to the jury Al near
hvo O'Clock, the court adjourned.
wspsrspav, April 30. 1913
Mr. ppApIsr addressed the Court in exposition Of the
psinnsthe liabilities Of plaintiff under said regu.
lnuons Though srpo seis) TO the defendant ana The
consequent n.tincaon Of defendant in his efforts TO
coerce PLAINTIFF into duty.
nj Mar proposed TO admit the evidence Of the
log book OF tho Peacock his learned adversary this
cause would eoncedcs 10 hna the testimony of MIR.
Walker, lat Ieutcnapt Of the Peacock Mr. bradley
teale1 With The understanding that the evidence Of Mr.
wakss should be confined 70 the Peacock Mr.. Bradley
thea root various memoranda from said log book the
ensss Of prisoners between ships Peacock and yncen.
Court msrtis also showing various repslr. Of the res
cock, which would ncapscitaio her from holding pr-
sonersNr May having commended thpt defendant the
vincennrs really untitled - held prisoners
~ should have Transferred them ~ tho Peacock rather
then 70 This htty fort under foreign Jusce'onsc which
they we're dptaliod.
Nh w.lssn testified thn, Tho Peacock underwent en-.
ensive repairs st Hcnoluln such betting cleaning.
couhlns &c; think y prnbshis swept fhe hold,
did Dot break 0r entirely sutsis'e6 vpoo yams
and sHch fh'nTs ~ these islands n q great eytert
t'essessmaeai shouid thlnk there could ~ 10 din.
cuty nboo The espscny 81 the fhlp prisoners
securely thtnt that Eve or any ara hss rarin~s might
have hten .onnned ON board necessary under
nooa hst the prisoners were sent On shore because
could MOI take esre 81 ihe 10 know there
any aibancru"n have NO recollection q Rsy asins
sutng snd mu,inons language the fcseeck dcnt 70.
MIR. BHAnlrr here asked about the reer..its ~ r.a
rincs but Sr Nay objected ana witness ~ns r~l~aseA
The testimony the Law tho authorities. bearing anon
the case and the instructions 10 be sablts~d a. ~. ia,
by the Court were debated tai four o'elo<k ~b.r ~.
Court adjourned
ITO " Csrfisasd1