The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-05-06
NEW YORK. TUESDAY MORNING, MAY 6, 1916
2 Witness never saw the former-thinks the latter

Direct.-I never received an increase Of pay in
consequence OF being this crulze 1t was refused
laid on the "Booby House" for half day, and might
have been seen by all the men, II was left there for
the men to read. .as.
Plaintiffs rested s-. e.
OvERroN CARR recalled to the stand by Mr. BRAD
LRY.-I sailed in the expedition as lieutenant
der special commission from the President, and
was afterwards appointed first Lieutenant Of the Vim
cennes, and as such served in the expedition into
the Antarctic. On that cruize we endured great
hardship and exposure; the ship suffered greatly;
afterwards In the month of Sept. 1910, arrived at
Oahu; while there, we were Obliged to overhaul the
ship completely to break up her hold, down to, but
without removing her water tanks, which were re-
filled, and the whole of the steerage was moved, and
the ship thoroughly cleansed and ventilated; she had
then been on long voyage in high southern ati-
tudes, and passed gradually, and with occasional
stoppages, through the tropics the Sandwich Is
lands; of course the overhauling very thorough;
besides this, her foremost had received SO much in,
jury that 1t had TO be taken out; and all the sails and
rigging of the other masts were taken down rigid
ly overhauled; the ship was also cauked and re-
paired throughout; in making these REPAIRS although
we were actively employed; we were engaged until
the scientific corps had completed their surveys
| shore, and were ready to embark; previous to our
reaching this island the terms Of some of the
men, who had enlisted for only three years, were
about to expire, Capt. Wilkes mustered the men, and
addressed them, complimenting them on the faith
funess with which they had discharged their duties,
and informing them that the term Of enlistment OF
arrival at Honoholu, give them liberty, and in con-
sideration of the good conduct of all, he would ex-
tend the liberty to the whole shipss company; that
the crulze was not yet near up they had yet to ex-
plore the Northern Pacific, and he wanted the
vices of such men in that cruize; that after their Ii
berty expired, he would expect all those whose
term of service was up, to re-enlis when he would
e extra 0 pay he
extra pay for all account OF the nature and value
Of their services; understood this address to be to
the seamen; the marines he did not mention,
otherwise than BY including them among those for
whom he would endeavor to get increased pay;
after arrival at Oahu the Captain went on shore
and established an observatory in sight of the ship,
cuton Of the scientific objects Of the cruize was
left In charge Of the ship with other Off
| GERS and such men and marines as were deemed ne
cessary liberty was given to the men, and on their
return to duty we Immediately began the overhaul
! ing and repairs; In this we were constantly en-
| gagged, keeping up regular communication with
the Captain; we lay close to the Shore It was ne
cessary to do 80 while we were taking out the fore
mast; we were surrounded day and night by the
| natives, some Of whom almost live in the water,
| and employed as the men were and with the marine
| guard had it was impossible to prevent communi-
cation between them and the men the discipline Of
the ship was kept up and the men kept at their duty
there was some occasional disorder in the shape OF
drunkenness OF course, and men were occasionally
imprisoned; the marines were the guard OF the
ships on the 18th November, the plaintiff Baab, the
witness Pensyl, and marine named Smith, were
reported to me by the sergeant as refusing to do
duty; there was no commissioned officer Of ma
rlnes IN the squadron; they were commanded by
Sergeant Stearns, who was also their quarter-mas-
ter; ne made this report to me; called the men,
and when they came, asked them what was their
reason for thus refusing they said their time oil en-,
listment was out and they wished to 60 home, and
had come to the conclusion not to do duty any
more !. my duty was clear; | reported to the Cap
tain !; he came on board, and made my report he
called them before him, they came, and he asked
what they meant by this refusa they answered him
as they had me, and he ordered them to be sent on
shore to the fort this was done as have stated at
first before this time man In prison on board un-
der guard Of the marines in double irons, had es-
capped, leaving his irons in his place another had
escaped from imprisonment IN broad day time !;
another had been permitted to get drunk while in
prison, and the vigilance of the marine guard from
some cause was certainly relaxed did not 60 the
fort; 1t was not my duty; orders were given to
deprive them OF single comfort IN food Or clothng
the duty of their Sergeant look after this and
report it to me if any thing needed; he did not
report to me on the subject. He went with them to
the FORT was on shore almost every day, and might
of the captain look after this unless complaint was
made to him. He was obliged to rely on the reports
from the officers. did not then think safe, and
soners on board the ship t would have been very
doubtful If not improbable that they could have been
kept there, situated we then were. do not
recollect these men being brought aboard have no
recollection Of standing at the gangway with Capt
Wilkes, as stated by Pensyl, nor Of his having
then ordered them into custody. | do recolle Ct
their being brought up the next day In irons well
with them, told them they had shipped for the
cruise and it was his duty to detain them; that he
called the Sergeant and told him to explain to the
men the contract under which they had agreed to
for the cruise that the Sergeant told them OF
it, and of the bounty they had received they denied
IT, Captain Wilkes told them he must detain them,
that their services were absolutely necessary, and
he must punish them if they refused to do duty
HAD IJa thou ord
ed me to let them go at large among the crew, In
in order that they might learn their duty by talking
with their comrades and return to it. will not say
positively that this occurred on the first day, my
impression is it did occur then, know it did at one
time, and preceding their punishment. Dlnsman
sent to the fort, have stated III my first
animation. He was with Baab, Pensyl, and Smith
when they were punished ! have no recollection
OF Roberts having been punished At the time of
the punishment Captain Wilkes calm, cool and
collected The services Of these men were IN my
opinion essential TO the cruise, especially IN that
part Of it on which we were then entering-we had
had experience Of their necessity, particularly in the
Fejee Islands, in which we lost valuable officers by
the attacks OF the natives. The countries we were
about to visit were peopled by still more ferocious
race, and provided with better means Of offence. As
to vermin have reason to believe, and do believe,
there were on these men when they came on
board from the fort My reasons theses II was the
duty of the Sergeant OF Marines, acting quarter
master, to reporto regularly the condition OF the
men, clothing, and their state Of cleanliness. This
was necessary to their health. lie particularly
instructed on this matter of vemn, and | have rea-
son to believe he was faithful in that particular.
confident and positive that there was but in
stance of this kind during the whole crze, and it
was not in regard to these men, or either OF them.
It, therefore, could scarcely have been possible for
them to have them without my knowing it, besides
their clothes regularly and publicly overhauled
did not observe that these men exhibited any to-
ken Of having suffered in their health during their
confinement They might have been confined on
board the ship as / have stated, if we had known
who 10 trust.
ACKNOWLEDGEMENTS; five or six sci
entlfc; four lieutenants; six lmidshipmen and
passed; complement of sloop of war. have
sailed in sloop Of war with II and with Is; larger
marine guard than was customary had manacles
of imprisonment; never sailed in vessel so situa-
ted; can't shy il not possible to keep them on
board; might have called the officers and armed
them; single man is sufficient to guard a man in
irons; the natives inofensive, unamed, without