The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-06-14
NAVAL COURT MARTIAL.
SATURDAY. JUNE Ia.

The accused, through his counsel, Mr. Coke, pro-
ceeded in his defence. Mr.. George s. Watkins,
clerk in the Navy Department, was called, as to
reasons why 1t. Gils and the clerk Of Capt. Voor-
hees were not summoned for the accused, as he re-
quested twas explained that It. Gillis was in In
diana too far distant to be reached in season for the
court; and that the captains clerk was not in the
employ or control Of the Navy Department, and his
residence not known. In answer to question Of
the judge advocate, Mr.. Watkins stated that seven
of the officers of the frgate Congress had been
moned by the government at the request of Captain
Voorhees,.
Lieutenant Browning was recalled and gave
history, he understood it, of the belligerent pow
ers at war in the vicinity Of Montevideo. Itappeared
from this that Gen. Orbe, while legal president othe
oriental republic, of which Montevideo is the capi-
tai, had been driven out by rebel chief, Rivera,
and took refuge in Buenos Ayres; that Rivera then
declared war on Buenos Ayres, and the latter lent
her forces to Oribe to reconquer his territory from
Rivera, who, in his turn, was driven out. Buenos
Ayres, as the Argentine government, sent her ves-
sells to blockade Montevideo and cooperate with
Gen. Oribe, who beseiged it by land This was the
blockade which Capt. Voorhees, was charged with
violating; and the San Gala vessel which he took
and held pirate for wearing Montevidean colors,
was vessel of General Oribe, commissioned by
him to cooperate with the Argentine squadron in
the blockade. Lieut. Browning also related his go
ing on board the Rosalba the morning Of the 18th
of September, and getting written statement from
Silas E. Burrows, the owner, that the San Gala had
chased an enemys 6shing-boat, which took refuge
alongside the Rosalba, pursued by the San Gala,
which fired a volley Of musketry into the boat,
one ball from which was found sticking in the
bends Of the vessel that the captain of the San
Gala demanded of Burrows to drive the boat of,
and not give her shelter that he refused to do 30,
and did give her protection, and hoisted the Amer-
can flag; and then the schooner hauled of, and went
down TO the Argentine squadron. Lieutenant
Brooke also went on board the flag ship Of Commo.
dore Fitton, of the Argentine squadron, to capture
her; and while there, Commodore Elton said that
| the captain Of the San Gala told him that he had
fired three shots into the fishing-boat, which was
protected by the bark; and that he (Fitton) told
him he had right to do SO if neutral vessels pro-
tected their enemies and that the Rosaba had false
papers, and was liable to be made prize
written statement Of the captain and mate Of
the Rosalba offered in evidence, but objected to
by the judge advocate, because il was not seen by
Captain Voorhees, until after the capture, and could
form no excuse as inducing that act. The judge
advocate stated the rule that he should adopt to be,
that he should admit in evidence every fact or
report known to Capt Voorhees,, before the cap
ture, which could have any possible bearing to have
induced him to commit that act; but he should OBJ
ject to every such matter which came to the knowl-
edge Of Capt. v. after he had done the act.
The court was cleared; and, on being opened,
they had sustained this distinction Of the judge ad.
vocate, and that paper excluded, unless it could
be shown to have been made known to Capt. Voor-
hees before the capture
Before the testimony Of Mr.. Browning was
closed, the court adjourned until Monday, the 10TH