The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-05-06

the case Of the habeas corpus issued for the benefit
OF colored woman, who claimed her freedom1
witness was on board ship the 9th and 7th De-
cember. The 9Th came on the Sabbath; saw no
man whipped that day; have no recollection of see
unusa thing; did not hear defendant saw he would
take the responsibility; what he might have said
did not hear-t did not occur in my hearing; never
heard HIM make such statement.
Expedition, a Passed Midshipman, most of the
cruise came home as Master of the Vincennes;
was with her at Oahu, in September, October, and
November, 1910, and on shore at the observatory
the observatory was place erected tor astronomical
and magnetical observations, established by the
commander. My duty at Oahu was partly civil, part
y military, or rather, it duty, under military
law was inside the forts 1t was used as place OF
confinement for refractory seamen from merchant
ships; do not know of seamen being shipped from
the forts was not on board when the men were sent
to prison; was not often on board while the ship
condition Of the Vincennes at Oahu; she was pretty
much the same as ship overhauled-the hold turn
ed inside out, and the casks brought out deck; 1t
would not have been safe or comfortable to have con-
comfortable on shore. was on board ship when
she sailed; do not recollect seeing the plaintiffs
brought on board; saw them, on the 7th December,
brought up the gangway the Captain
They refused; can't remember the language Of
the Captain, but he said in effect he sorry to
whip them, yet that necessity compelled him. if they
did not do their duty. They were whipped twice,
than to whip sailor on Sunday. We may
sometimes give them half dozen, or SO, over the
coat; no use of the "cats" is made on Sunday. We
sailed from Oahua to the Northwest coast we had not
too many marines detached scientific parties going
on shore, always had an escort of marines; we had
formed five as guard at the observatory; frequently
strong force of marines required In the scien-
tific excursions on land.
Cross examined by Mr. MAY-I lived on shore
while the men were at the fort; did not see men
from merchant vessels confined In the fort; 1t was
possible that the ships prisoners could not be detan
ed, but not probable it is my opinion the fort was
more comfortable for the prisoners than the ship;
did not go into the cells, but saw they were open,
entries in the log book of the whppings inflicted,
and the number Of stripes is always specified. The
log book here referred to in proof that 1t is the
custom to record the foggngs inflicted on board ship
Mr. BRADLEY-does the case to which you are re-
ferring, relate to these men
Mr.. MAY-No, Sir II is referred to as proof OF
the regulations in the service and wish to show
BY it, that while the custom was adhered to in the
record Of other cases of oggng, in the case of these
| men the transaction was not entered upon the
book
rAfter some controversy between Messrs. May
and Bradley, upon this collateral ISSUE the reference
in question was ruled out by the Courtl
Capt EDELIS-Was Captain of Marines attached to
Exploring Expedition, from May 1887 to June 1885, in
York; the shipping articles contract Of the marines
marked al was prepared on board that ship and handed
TO him. he caused it to be read distinctly to the marines
board the ship and explained it to them; among them
was Owen Roberts; and after 1t was read 1t was signed
by Roberts in his presence and witnessed by him. the
paper then given to Purser Dunn and witness does
not know what became of it afterwards The Captain
Of the ship has the of the shipping articles Of the
men but the marine officer has charge Of the marines,
and his evidence list from the Adjutants office OF
the corps clear, distinct and positive that
stood they were to serve Idurng the cruise II should
last twenty years. did not give the men liberty mo-
ney; liberty money is always part Of their pay pro-
missed and they received bounty, according to these
articles for this special service under the orders of the
commander Of the squadron, and the bounty paid to
did not sail with the expeditions there commits
stoned officer of marines on that expedition; they We're
Mr. Rowan says he first Lieutenant Of the Relief
at the time of the shipment of the plaintiffs for the cruise
for year and SO much of the term of service of the
men had expired II therefore deemed expedent to
enlarge the time of service and for that purpose
shipping articles were prepared. These sent to
the several ships and board the Relief general
der from Commander Jones read to the men, and af
forwards, the plaintiffs Baab and Dnsmore signed them
in my presence don't recoect the fact of their having
signed them but their in my handwriting, and
witnessed by me; do recollect that they read
explained to them the time but it is my uni
form practice to ask the if they understand the ar
cles; and il they say to read them carefully to
at once. l have no recollection of what was done in
this instance If the articles differed from the general
duty to go farther than to ask the men they
knew what they were signng-that was their business.
without giving any explanation If they said would
have read them over-not otherwise If the Commodore
chose to change his orders it would not have made any
difference in my practice.
Mr.. Purser buNS testified to the payment of the
bounty money. -
Mr. PURsER SrEEDEN re-examined Il was on DO ard
ship at Oahu in September, $780, was of the of
the Peacock; recolect the thine the Vincennes
was undergoing repairs; lived on shore; was In
side the walls Of the fort several times; the of
the fort very extensive; there good deal of
spare grounds and there was row of shantees along
the wall inside to the prisoners from the sun;
was In the shantees; conversed with at least one
person sitting in the shade of one of the shanties-he
was prisoner from the crew OF the Peacock l only
know from hearsay that men from merchant vessels
were kept prisoners in the fort; the fort had wall
made of coral il may have been of earth and straw,
but am OF the impression that the wall was of coral
the fort was level, it was very large, holding
frequently five or six hundred kanaakaas, or island
dcrs; the Governors residence was inside the fort;
have no recollection of any cells in the fort; do
not know what cells are there were shantles in the
fort but cells; the entrance to the fort guarded
at two gates, one fronting the sea, the other the
town; guards were stationed there on the walls; the
walls were, perhaps, IL or Is feet high should think
about III the shantles were decidedly more comfort
able than the ship; remarked to Sutton, prisoner
in one of the shantes that he was very comfortable
sitting there in the shade, while his shipmates
toiling in the sun scrapng the decks; was not on
board the Vmcenncs.
Inflammation suspended on account of the return
of the writ Of habeas corpus with the colored girl
mentioned by Mr.. Hoban as claiming her freedom.
The girl pretty and fascinating, brght-eyed, mis-
chlevous looking mulatto OF IL years. In examina-
ton of the evidence pro and con- she was discharged
as free.]
Examination reslmed--Mr. Lieut. BLAIR sworn,
examined by Mr.. MAY.-Was an officer of the Ex-
J,t,, nab ,pnr d he
Peacock, of the exploring squadron; the ship lay
in the harbor of Honolulu, near the Vincennes. The
Porpoise there part of the tine she also one
of the exploring squadron.
Question by Mr. MAy.-Was not the Peacock in
condition to hold four marines prisoners at the
time efa aI Ie.e...e .#..a.E
Mr.. BRADLEY objected, and appealed TO the court.
Mr., May was sustained in his question as relevant
to the testimony.
WI1NEss.-Thc Peacock could have confined
four marines, or more than that number at one time