The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-06-30

cused good and fair ground and show upon the re.
cord that the accused wise answerable to said
specification The Court declared the matter not before
the Court and the remarks reading Of the paper out
Of place The Judge Advocate then withdrew the paper
and said be would consider it presented. The ac-
cused having further objections to urge, deeming
none exPedient, the regular proceedings were COM
menced.
On examination the second specification Of tho first
charge, Lieut. JENKINS called and sworn and testi.
fed the part Of the prosecution follows was on
board the Congress her return from the Brazil sta
ton and in the capacity OF Lieutenant BY tho log book
before me, the Congress anchored At 80 PM. In
Annapolis roads, tie 18th OF March, me-cvil time,
the 18th In my recollection IL was on Thursday
sea time Wednesday civil time knew nothing o. the :,
Norfolk Tuesday morning, 10 80 AM, the 18th OF
March, lsas civil time, from Annapolis down Chesa-
peake Bay. left the ship within half an hour after her
arrival at Annapolis leave from Capt Voorhees, for
iorty-eight hours from the following morning; re-
turned to Annapolis Saturday morning, the 18th,
at half past ten was going off and met Capt Voorhees,
who requested me not to take boat until further
instructed BY him, as he had use for thsm ! sub
The wind during Saturday and think Sunday prevailed
from the northward and westward and the weather pref
good by my own remarks in the logboQk, under my
own signature. find the following memoranda -" The
wind prevailed on Saturday the 10TH from to midnight
from meridian to p A. moderate brcezes from N. and
W. and clear weather. Monday from midnight, the
osnd before hf from n and and
the 18th. from to A. NJ moderate breezes from and
W., clear cold weather" ] know of no other circum
stance that shows despatch delay except Monday
2P NJ oil hands called to get the ship under way
but did succeed owing freshness Of the winds
Ihe Judge Advocate in reading the journal to the
witness, asked how the term under way should be
spelled as he came to 1t the manner OF his spelling
lido not recoect as he did not speak very distinct
think it the same have it, but there were
others who differed from him, saying it ought
to be ,speit weigh reference to Webster, find
the following remark and definition to the word way
"Tobe under in seamans language TO be in motion,
as when ship begins to novel do not recollect any
under way did get under way Tuesday orning;
in my previous answer had reference to getting under
stated that this merely his opnionl BY refer.
ence to the log-bookI arrived at Norfolk Sa-
Saa snn the a2a March Har and
here took place to the crcum ocutory pursu-
ed to elicit testimony; that all this might have been oh
any delay after the tsngrss. weighed an.
Choir at Annapolis, in Proceeding to Norfolk ~
BY the CorRr-After my leave Oh absence had sxpr-
ed. think, that Saturday and Sunday the wind and
weather were favorable for our proceeding down the
0ak nave DO a0uU. IN my own mind i as 70 IN, ,act
Sunday were, in my opinion, even more favorable,
than they were when we went down the bay
was nearly down the bay have recollection how
far to get under way whether the cap
stan bars shipped not it blowing very fresh
during part Of the afternoon; there sea; we
were lying under one anchor; the top gallant yards
Were mot ups we were always prepared for blows but
recoliect; do not know whether the ship could get
der way the day we attempted or no the witness was
urged by the Judge Advocate to give his opinion when
member replied that his opinion not evidence !;
but facts facts alone all that required" The
president made some remarks and the witness wished to
give his for the he had given above The
President being interrupted thus, said, ono at time
reasons as follows We had had great difficulty with our
messengers in coming the bay we had parted 1t seve
raj times, and it failed with made stream
cable. My impression is, If had attempted to heave
up the anchor at that time, the messenger would have
parted both the messenger and the stream cable used
as b. ss anv 80 s
our not getting under way was, that Capt. voorhees,
was not on board
By MEMBER OF THE CoukT-After the time, had my
doubts to the strength of the messenger, heaved
up anchor three four times with those messengers
without parting them.
By the JupcE Ap,ocArE-Theyw never tried in any
fresh breezes.
Examination the first specification second charge.
By the JupGE ApyocArE-I never this book before;
do not know in whose writing 1t is; book was hung
at the cabin door during the time in the Congress-
which contained order, similar in substance to this
Here the book continuing the order given by the
nccused to the Judge Advocate, and by him admitted to
contain copy Of the order OF the book that hung
the cabin door Of the Congress- which has the orer in
it on which the LIST specification OF the and charge i
based This book at the cabin door for the Of the
officers and crew of the Congress; there interl
neation stating that the Captain authorized by A.
Upshur. Secretary of the Navy to give the eutenans
the power of whipping the with piece Of ratin to
the extent Of hall dozen lashes and bene stating
that Commodore Morgan had authorized the The
order in the book declared that the captain could
give the officers permission to fog the at pleasure
without conforming the rules sc. Of the navy that
this interlineation made after this authority
granted to the captain by the Secretary OF the Navy MIR
Upshur.
By the JupcE ApvocArE.-The book of orders was a,
the cabin door very short time after Joined the ship at
Portsmouth, the It'll of May, 1872 An nterlneaton
was made the same the marginal note in this book
(Which is produced as copy OF the oher) after Capt
returned from visit to Washington d. e.. and know
that the lieutenans authorized to punish just be-
fore sailing fiom Portsmouth, N: H, in July, 1912.
By the CouRr.-No other authority than is contained
IN this SD Article was given to the officers to nfic
punishment. 1.-THE remainder Of to-day's proceedings
will forward tomorrow