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

and marines, and was served out 10 them during the
cruize; and when the clothing for the cold climate
was furnished TO them they were charged with IT,
and when they came to a warmer climate such
clothing was again placed in the custody OF an Off
Ger of the ship marked, and preserved until they
returned, or came again to cold climate, when the
articles were again served out to them respectively,
and such articles were worn out or lost were paid
for by the United States; the men had had their
clothes bags taken with them; it would have been
the duty OF the sergeant to report tito me do not re-
collect that he did so report to me, nor do remem-
Der whether their clothes bags were sent no COM
plant was ever made to me, the first officer of
the ship, that clothing was not furnished to them;
there was master at arms on board the ship his
name was Jarrett; he never did duty as a marine;
he went ashore November Sd, l840, and was dis
charged; Corporal Dobeman, of the marines, was
master at after the LIST November, 1910; was
the Captains appointment; he had been previously
ships corporal who Is the assistant of the master at
arms; It was the duty OF the master at arms, or the
sergeant, to report to me il the men had vernn on
them; no such report ever was made to me about
these men.
Samuel, PEssYI-S States distinctly. now that DR..
Gillou and Mr.. Pinckney. Nieut. Pinckney) came
to the door of his CELL while he in prison at Ho-
nolulu to look after his comfort and talk about his
situation; they told him they were then under ar
rest, and could not make any communication to the
commander their BEHALF they also inquired after
and visited the other prisoners; this he thinks was
after Dinsman was imprisoned; that Dinsman also
came, at their request, and they gave hum message
to the sergeant to send them some clothes, and in
the evening he returned, and said the sergeant had
replied the first lieutenant had ordered him not to
let them have any clothes; the sergeant put the
foot irons in the fort; the master at arms put on the
hand irons before weleft the ship; Mr. Covociressls
was present when we were ironed at the fort do
not recollect that he was present when we were
ironed on board the vessel; carried through
the streets to the fort in the presence Of the natives
and foreigners, If any happened to be there. which
do not recollect. ..t
Mr.. BUDD.-Was an officer Of the Exploring Ex-
petition, as master of the Peacock | afterwards
joined the Vincennes as lieutenant, before she
reached Oahu; at Oahu was attached to the ship,
and was on board on the 10th November, 1910; at
that time, or about that time, we had our foremost
OUT but am not sure it was on that day; during
stay there, we overhaulsd her completely; broke up
the hold; the l4th November sent the sails ashore
during my watch one afternoon, about that time,
recollect man escaped from the brig in the ship,
got overheard, and clear off; reported to the first
lieutenant and we despatched boats after him with
out success; do not think it would have been safe
to imprlson three or four marines on board; the
plaintiffs were sent ashore under guard of Dobleman,
corporal OF marines, sergeant, and in charge Of an
officer Of the ships the Governor resided in the fort
self seemed to be kept in as good order it could
be IN such country; the Governor spoke English;
never was IN the prison; | do not recollect when
these men came aboard; but on the 4th they were
punished by fogging; either that occasion, or sub
sequently, Captain Wilkes demonstrated with them,
and explained to them his obligation and duty . pu
nish them, and his regret that they compelled him
to punish them; there was no unusual degree Of Sc
verify IN the punishment or the mode of its infiic-
ton, but the contrary; Captain Wilkes did not APP
pear to be in passion, did he exhibit any other
than kindly feelings towards them; this is very
strongly impressed on my mind; the climate is very
warm at Oahu. fNtt 1#
Mr.. TorrEN.-Wasa passed midshipman, and as
such joined the Vincennes; IN August, l94O, was
made sailing master of the Vincennes, and was SO
acting when we lay at Oahu; was master on shore;
had charge of the breaking up of the hold; have
knowledge OF any want OF diligence on the part of
the marnes the condition of the ship SUCH that
1t would have been unsafe to have imprisoned three
orr four marines board the ship rscolect when
expostuated with them, and urged them to return to
duty; his manner was unusually mild and calm; they
refused, and were punished more than once; GER
the master-at-arms to make a report of the pris--
oners. The marines could have been confined
OH board if theNhad been put in the hold and iron
ed. and matches put over them; there were marines
ed the officers might have guarded them, If they had
had no other duties to performs; do not know what
they were, that was the Captains business; it
great deal better for the men to be kept ashore both
for their comfort and safety; is usual for the log
book to contain entries of punishment, the nature
and extent of it.
Cross-eramined.- sailing master has charge
Of the log book the officer of the deck makes his
Ou SdtC, tHcICc IL ID COplcu 10Y DOOk,
by the sailing master, signed by the officer of the
deck, and submitted to the captains the captain can
not alter nor can ne prevent officer by any order,
from making entries; it is the duty of the officer to
make them; am confident and positive they were
not punished on Sunday.
Court adjourned over to Monday-the foregoing
testimony having occupied the court from Tuesday,
the End ult to Friday evening, inclusive;
MONDAY, April q, lS45
Mr. w. d. BRAcxENRIDGE, botanist of the ex-
plorng expedition, examined by Mr.. BRADLEY
Witness heard someth ng said by the commander in
reference to taking responsibility of whipping pr-
soners, but what was could not now exactly state;
did not recoect any exhibition of violence oftemper
on part of Lieut.. Wilkes; the services of the ma
rines were very essential in the cruise.
Cross-eramined by Mr.. MAY.-The marines not
wanted on ship were required on shore; remember
no display of temper by the commander; witness
was not in the line of the navy but was attached to
the scientific corps; had experience in the con-
duct OF naval officers at sea; | am of opinion that
whipping on the back is a severe punishment; was
not in the habit Of witnessing men fogged did not
say had repngnance such scenes, But think that
punishment when deserved ought to be inflicted;
did not say had repugnance to see man logged,
but thought 1t was not an edifying or instructive
spectacle; the services of the marines, on ship or
shore, were always in demand was under their
protection on land several times; it would certain
ly be unjust to punish prisoners when they did not
deserve it--that is perfectly clear
Mr.. j. l.. ELLIOT swown.-Sailed with the Ex-
ploring Expedition as chaplain. Was at the island
of Oahu in $780, when the expedition lay there, and
was on shore; know nothing of the fort; it was
short distance from the ship; Twas not within the
closure of the fort; had positive knowledge of the
fort being place OF confinement of disorderly
men from merchant vessels; but heard that merchant
men and whalers- EH
Mr.. MAY.-Don't say any thing what they told you;
we want only your own evidence. -
WTNEss.-1 was on shore at the island Of Oahu;
knew of an assembage of seamen on the 9th of Octo-
Der.
Mr.. MAy.-Were the plaintiffs among theml
WITNESSING, sir.
The testimony was objected to in this particular az
10
WITNESS knew the Governor of the fort at
Oahu; he could speak English sufficiently inteigi-
bly, tor common conversation; it il my impre sson
that he was communcant Of the missionary church
there; do not recollect distinctly whether | was
aboard or on shore at the time Of the
imprisonment Of the plaintiffs. was, most proba-
bly, on board ship when they were brought back GER
tainly on the day when the ship sailed We sailed at
noon on 3D. Defenders on the 4th, at O'Clock in the
morning, the plaintiffs called up, and punished
in the usual way and place recollect that the