The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-06-17

boat (all the fishermen Monte Videans under the
Monte videan flag, and saw the boat captured the cap
ture Of this boat occurred while board the Ro
saliva when vent board TO take the schooner she
had this last boat IN tow with the two hSermeh rat nae
a. m our boats Porter haprcccrds us iittis
in his boat and on board whenT gorup as soon as
got on board told Midshipman Bsyard to handown the
dag then told the captain of tho schooner SHOULD
take possession Of his vessel and send him and his
on board the Congress desred him y APsinto one Of
our boats and to tell his do the which they
did then told Mr.. Jenkins to take them board the
Congress, which was DONE We had on board
each boat two marines with muskets, six in all
together with four seamen whom put on board me
schooner and then bore up and down for the on
gress. left the schooner and went ON board the Con-
gress, Qcavng the schooner in charge OF Mr. forter)
No flag had been hosted while was on BOARD 10 my
knowledge the American flag afterwards was hols,eu
on board the schooner do not know exacuy az wha'
time this schooner was the Sancaia
Q-When did the report Of the captain and mate OF
the Rosalva come on board the congress
Al do not know, sir.
IThe counsel for the accused, Mr. CoxE, here desired
10 putin the letter of the captain and mate OF the Rosa
va which objected to by the Judge Advocate the
decision of Captain Voorhees, and his action in the premi
ses having occurred before the receipt Of the letter oil
the captain and The letter OF Mr. Burrowes, set
ting foth the firing into his vessel read the stale
men being substantially identical with that of the wit
hess reported The Judge Advocate Directing to the
reception OF the letter of the captain and mate copy Of
which produced by Mr.. Coke, as upon the files Of
the Navy Department, Mr. Coke appealed to the court
The court cleared accordingly and the reopen
ing the DOORS it announced by the Judge Advo-
cate that the letter in question had been ruled out
JUDGE ADyocATE-State your recolection oil the con-
versation held in the cabin of the Congress between
Captain Voorhees, and Captain Elton
WIrNEss-I had been sent board the flagship OF
the Argentine Squadron, having sent Captain titon on
board the Congress- when returned to the Congressl
and went into the cabin, heard Captain Voorhees, say
Captain tton, 81 understand to say that you us
claim the act Of the Sancala firing into the Kosaiva lie
Captain FL said 'yes had nothing to do With ands
knew nothing Of the circumstances nor was she under
my oriersn Com Elton had been conversing with meg
on board his ship, and this reply to Captain Voos
hees differed somewhat from it, the conversation on
pchN 4
myself when Captain +. remarked, Sir am address-A
ing myself your commander" Captain v. then saldl
Captain f. "Since you disclsm the authority OF hatS
act restore you and your officers to your command
Captain refused to take charge of his SQUADRON ands
directed his officers to have nothing to do with their
sells; Captain " said TO Captain F) that that mat
ter between him Captain F and his conscience; thatt
he Captain W had nothing to do with it, but would sch
cline releasing the officers and crew of the Sancaia un
iii he heard from Com Turner how he should dispose off
them when went on board (the schooncD Captain +.
asked what does ell this mean sir why has Captaint
Voorhees, capturedmy squadron ~ said it was in con-!
sequence Of of them having fired into American:
merchantman he said that the commander of the Sanca
la had fired but three times into the fishing boats along
side the merchantmen and that he had only done his
duty and that If the fishermen continued to take refuge
board of neutral vessels he should fire into them
again; had perfect right to do besides this VESSEL
1.-THE Rosalva) prize TO me- at any hour might
choose to take her. She sailing under Illegal pal
pers' told him it was the first time had heard the
legality OF her papers questioned that if she was prize
to any she prize to us, that account butt
consul had regularly cleared her. and the
authorities considered her legal trader and that
respected her SUCH AS long did others mus.
it," "Order orderl Com. Elton reiterated that the
barque Rosava) had right to give protection his
enemies
Before Lieut. Browning had closed his evidence the
hour of three having arrived, motion the court adj
journed till Monday next, at halcpast ten in the
morning. w.