The New York herald., 1845-07-10

there, Il was here We could hoard the noise Of the
IN S..rS ~ sns W. rGo% Sa
Cross examination by the JupeE ApvocArE.-l have
not stated to Mr. Fleming, that had heard Capt haI
the vessel while We lay at the Horse shoe. told MN
mat had heard SO; but not that heard him mako ths
nail my SELF
BY the CorRr--The Congress did not have studding'
sails set standing into the bay, but when we were nine
or ten miles outside the Cape light they were SET. tsy
were taken In when the Cape bore about >. . " .ne
wind blew off the beech and headed her on the beech
this was about sundown could not have reached the
anchorage at Lynn Haven bay with the wind tide and
weather had, ! did the Herse Shoe, or by
midnight that night. The testimony OF Mr.. Griggs was
here closed and the Rev. W. q. Jackson was then call
ed uy the accused and testified follows: After
called and sworn the part of the prosecution Lieut.
Bache recalled and during his examination some
two or three minutes sat in court. conversing with
friend. The testimony OF Lieut.. Bache, am unable to
say what il about not attending to it, and
did not hear it think heard him say something about
the og-book My impression is that was something in
connection with the log. book.
By Jurcr ApsoeArr-l testified to nothing in rela
tion with the log.book. The Rev W. G. Jackson here
closed. Captain Macauley member Of the court, was
sworn and testified as folio Vs.
BY the AccusEp-It the latter part OF September
about the 2sth or 29th A. D. lSil, that the Delaware,
seventy.four, was taken down the Chesapeake Bay.
was captain OF her at the time. The weather was fine
AZ sundown the wind shifted y. w, with squalls and
fresh We had been beating down in the early part OF
the day and anchored at food tide We mad two pilots;
they objected to at night insisted upon their
ming, and they finally consented She got under.
way accordingly One of the pilots believe, attended
TO the lead in tho chains. was very anxious TO get
bad anchored about twenty miles below Annapolis and
had been two days beating down there, with strong
southerly wind The wind was strong nearly all that
night II was on the quarter with pretty fresh breezes
and passing clouds We could the cou,se from light
boat to light boat. We had got in wider part OF the
bay below Annapolis, and found no difficulty after we
got under way Samuel O. City, the gunner Of the Con-
gress, next called by the accused. The men whose
time OF service was out the passage home &c.
neray disordery. Capt frequently called up to
settle the difficulties between the and officers in ex.
ecuting the orders respecting the ships duty.
BY the JUDGE ApyocATE- know Of no fact that would
have made the less disorderly, il We had gone to
Norfolk instead of Annapolis. They worked cleverly
while the ship going up the bay, than they
did on the passage home and appeared to work very
cheenuy.
Mr. MeGILi, the carpenter board Of the Con-
gress was next called On the passage home the men
whose time OF service was out some Of them, very
unruly. Some of them called upon to do duty, and
they refused saying that their times out They
were very dsordcrly, and not attentive to duty
The testimony of the accused here closed and the
counsel for the defence informed the that he would
be ready by Saturday morning deliver his defence
The accused had appended the journal during todays
proceeding, letter from Com. Turner of March 10, and
from MIR Gibson, Consul at Rio, of March Is, which
appeared TO show that the accused left at his own
discretion to choose his port of entry his arrival in
the u States No further proceedings being before the
court, il adjourned till tomorrow 10 o'clock.