The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-05-06
Vol. xI., No. Ia4-WhoIe No. 4Os6
Trial of Captain wilkes.

We communicate at length, for the Herald, re-
port Of the testimony in this important case. 1t was
brought before the Circuit Court sitting for this
city, on Tuesday, the ed u and the four succeed
ing days were expended in taking the evidence of
witnesses, when the Court adjourned over to the
Monday following. On that day the examination of
witnesses was resumed, and closed excepting the
testimony of Gelen and Walker on Tuesday even
ing. The attorneys were occupied the next day in
proposing and discussing the instructions to be SUBJ
mitted by the Court and on Thursday, Judge
Cranch having submitted the grounds upon which
the jury were to found verdict, Mr.. NAV appeal
ed before the jury in behalf of the plaintiffs and was
followed by Mr. Bradley for the defendant when
Mr.. May closed the argument in general review of
the positions and facts assumed and defended by the
opposing counsel The case then, at o'clock in the
evening, was submitted to the jury, with leave to ad-
joun and meet again in the morning. To-day YER
dict was returned between two and three O'Clock,
calculating Wilkes entirely in the case of Roberts,
Baab S'A' "1o
Few persons have been present during the trial ex
cepnng the parties and witnesses case the latter
being almost exclusively attached to the late Expor
ing expedition: The testimony of the first four DAYS,
we submit without modification, from the notes OF
Mr.. Bradley, defendants counsel; the residue is
from our own notes taken on the spot. Much of the
extraneous matter of the the evidence is, Of course,
omitted; but little, we apprehend, material to fair
representation of the facts on either side.
Judge Cranch presided in this case. The jury
M Mere M H thomss Bangs, Lewis Smart Chas
3. Denham, George W. Hardness, Richard M
Bell, Elias Travers, Thomas Morgan. George Lam.
bright, and Samuel Hanson.
Counsel TOR the prosecution. Henry Nav Fac
For the defendant Joseph H. Bradley, ESQ.
Circuit Court OF the District OF Colunh,. ro-
Washington County. e8
TRIAL OF CAPTAIN WILKES.
DusTRIcr OF COLUMBIA, Wadingto,. Coumty, to
wlt.-Charles Wilkes was attached to answer Sam
uel Dinsman in plea of trespass vi ct arms &c
and, thereupon, the said Samuel, by Henry May,
Der l6, 1910; the said Charles assaulted said Samuel
on board the United States ship vinccnnes, then on
inc high seas and forciby placed him in irons thus
OBTAINING him for five hours; that from said ship
fort in the town Of Honolulu, in the island of Oahu
Gone of the Sandwich islands,) where the prisoner
was kept fifteen days in confinement, during which
ne suffered much pain and Inconvenience from ex--
posure and disease, attacks Of vermin and want of
wholesome and necessary food and drink. That on
the 4th December 1870, the defendant made another
assault on said Samuel on board the Vincennes,
strokes and blows on the body Of said Samuel-that
he was then placed again in irons and kept as pr-
soner board ship for four days. and stinted Of his
food and drink-that on the 9TH December follow
ing, the said Samuel was again logged with the
cato -nine-tais," and again placed in irons and
confinement on board ship as before-that on the
9th December following, and divers other days be-
tween that and the LIST Of June, 1872 said Charles
made another assault on said Samuel who was kept
as prisoner all that time, without any reasonable
or probable cause whatsoever and against thepeace Of
the United States and to the damage of said Samuel
TO the amount OF live thousand dollars, (5OOO) cur
rent money, and, therefore, he bringY his suit.
Z Iola
~ Attorney for Plaintiffs.
The declarations of the two other plaintiff Owen
Roberts and Philip Beob the sa.ie '''''
MI. May Tor the plaintiffs, presented the grounds
upon which ne should rest theprosecuton, and upon
which the Jury would be called to render de-
cison IN an address OF great strength, delivered in
a. deeply impressive manner. Mr.. BRADLEY, with
his CHARACTERISTIC clearness and acuteneas following
briefly on the other side until after the examination
OF plaintiffs witnesses, when, with greater detail
for the defendant he should claim discharge
OyERToN CARR, sworn-1 was LIST Lieutenant OF
me vmcennes during most Of the cruise and while
lying at the Sandwich Islands in ls4o The log is,
that transpree on board the ship 1t is kept by the
rules and regulations in all public ships, and il rcgu-
lsrly submitted to the captain of the ship On that
make an entry, but helnay order omissions to be sup
Piled knew the plaintiffs; they were part Of the
marine guard OF that ship at the Sandwich Islands,
on the 10th November, 1870; on that day the log
book says they were sent to the fort[reads the pas
81 know the fact, for gave the order; do not
recolect whether they were ironed but presume
they had irons on their hands; they sent to the
tort on the Island; don't know how long they. were
kept there; we sailed on the 4th December, and they
could not have been there longer than that The log
book does not show when they came on board.
The Peacock sailed the I'd December, and Smith,
one OF the marines who had been sent to the fort,
sailed IN her, Dnsman was not one of those sent
on the 10th; ne refused duty some DAYS after per-
haps week. 4th Dec, Baab, Pensy1, and Dins-
more were punished for refusing to do duty-does
same day; their offence and punishment both stated
Never was In the fort; a walled fort-the COM
mon prison; malefactors were confined there; two
men, natlvcs,were hung there before these men were
sent; temporary scaod erected for that purpose on
the walls IN sight OF the ship. Plaintiffs were never
deprived OF their rations aboard ship; never was in
the Tort and knew nothing about it. All hands were
caed s Wnen a ney were whpped whipped on the
fendant SAID no would take the responsibility; the
sergeant OF marines was brought up to explain and
now 20 pein the terms they were bound to by their
conrac, and that they had received the bounty;
hon of the Captain or the Purser; the Captain never
speaks OF his authority nor does the LIST Lieutenant
sver question IT; do not recolect seeing them come
confined on board the ship in irons The 1B,ir"
Is slang term, and means any place where the SEN
try is to guard prisoners on board; nor do rcco-
lect II they were IN irons after the 4h December but
they We're certainly punished again. and in the mean
time they were undoubtedly in irons; they were
certainly whipped twice; entry Of whipping after
the 4th. Baab was an excellent man; Dinsman and
Roberts did duty very well; Roberts would
drink, and we could not trust him ON shore:
5aab was remarkably trHsty up to this time !;
captain Wilkes was on shore at the observatory, and
Dinslnan was employed as his orderly. The ship
was in my charge, but he was 40 near. and so fire.
quently on board. that l never considered him
out OF command He was within signal distance,
ana no one was ever confined without his order
Log BOOK Ath June, 1841--No mans name il men
TONED; none as being punished between the 10Th and
s th.d Capt !; Nv Wilkes Ike; had been the mounans
turned 70 the snip on the 23d; Roberts could not
home IN the ships they refused TO do duty thew re-
fused tome to me- face to face before for The captain
anu before they were imprisoned. The marine
that class three or four more than the usual cornn,e
mcnt do not recollect the expression that he cnn
TAN " Would punish the men every other day I'm