The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-20


preston is an underlined crime, recognized by tho
Sd Navy article sty led oppression, but not defined
in that article, or elsewhere in our written law. A
court martial is left to gather the definition from
the usage OF the sea service, in all other
offences not defined by the act, or any express
law But this power to ascertain the definiti)a Of
the offence is rely part OF the Judciaipower
of all courts to ascertain the meaning of the general
and ambiguous terms OF Statutes. Ii is not legs-
lative power fix an arbitrary meaning, TO create
new meaning, or extend an old meaning -stik
less so 10 extend il as TO invade and override the
rest OF the criminal law, and, under pretenco
oil defining one crime, c0niound all crimes. Be-
cause oppression is not defined, IL does not follow
that other crimes are 10 lose their distinct and
lOngestabshed and well settled definitions. Muir
der is still murder, and is not TO be confounded
with oppression or cruelty.
On all these grounds pray the Courtto dismiss
and quash the I'd specification 10 the 5th charge
null and void.
Upon the other charges and specifications to all
of which have herembefore offered my plea OF
the general issue, / desire now only TO make a
single observation. | am advised by counsel that
the matters and things specified in them, also,
even if they be maintained by proofs, would con-
stiiute no crime or offence within the purveu Of
the Naval articles of war, otherwise cognzabe by
this Court; and need no vice TO assure me that
whether not they constitute legally the offences
under which they are laid they are Incompetent
to sustain the charges--still, they can never be in
any essential particular maintained by the proofs
But though ii would i'll become me, and i'll ac-
cord with the obligations owe to the honor of my
| profession, in any manner 70 affect my integrity
TO plead technical objections, and quash and dis
miss such charges, without complete and search
| ing inquiry Into each and all Of them have felc
| deeply wounded by these charges. | have feit
that they were drummed up in manner unusual
| in our Naval trials. There is skiiul mode OF
statement of them, which carries oil the power OF
| argument. These charges are so drawn as 10 exc
hbit in high degree this peculiar skill and art,
| and must operate greatly to my prejudice in adj
vance OF the proofs. But do not complain of this
exeTtion of professional ability III the discharge of
professional duty. / only desire to 90 at once to-
the facts. TO exhibit the entire truth, and to bavea
| fair and full trial on the merits.
(Signed) THos. Ar C. JoyEs,
Late Commanding the Pacific Squadron.
WASHINGTON, Dec. IL, $50
(Copy)
NAVY DEPARTMENT, Feb. Is, 1910.
SR-Your despatch of the 9th of July, 1873
with its enclosures, respecting the fate Of the
officers in charge of the United States sloop War
re ms launch-has been received.
Measures are taken TO apprehend the wre .ches
who Were concerned in the horrid murder referred
to, If they cross the continent. IL you succeed In,
aPpre bending them, be pleased to bring them to-
trial. / am. respectfully,
Your ob't servant
(SIgned) J. Y. MASON.
Commodore Thos. Ap &. Jones, Comm anding
U. s. Squadron, Pacific Ocean.
(Copy)
Navy DEPARTMENT, March l, 1919.
Sir-Your course respecting the officers referred
to in your despatch No. 35, of the LIST November,
1913, is appr6 we'd.
You will be pleased to forward to the Depart
ment all rendered designations, keeping the officers
to their duty until you receive the answer of tho
Department, am. respectfully,
Your obd't servant,
Commodore 1Tbos Ap c. Jones, Commanding
U. 5. Squadron, Pacific Ocean.
(Copy)
Navy DEPARTMENT., March I. 1910.
Sir-Your despatch, No. "a, OF the 18th October,
1913, has been received
Lieut.. Lanman arrived at the department on the
1ith Of February, ultimo, and delivered your des.
patches placed in his charge.
1 have observed the serious difficulties in which
unforeseen circumstances have involved your COM
mand, and am happy to say that the department.
has full confidence that your good judgment will
carry you safely through them all.
am, respectfully, your obedient servant,
Commodore Tbos. Ap C. Jones, Commanding
U. s. Squadron, Pacific Ocean.
WASHINGTON, Dec. Is, 1850.
Court met at half past ten A. M.
The court were sometime in consultation on tho
exceptions raised against certain of the charges
and specifications by the accused.
Court being reopeped, the Judge Advocate read
to the third specification Of the fifth charge. They
decided that Commodore Jones, while on the Paci-
nc station, had authority to courts martial
Tor the punishment Of offences, without beng re-
CURED, even in of capital punishment first to
obtain authority from the President. IL the Com
mander had not such power, then the execution OF
passes beyond the jurisdiction Of this court to the
laws OF the land. But IN deciding that the Com
modore had acted consistently with the laws regu-
latng the service, The court ordered the said third
specihcaiion TO the fifth charge to be quashed.-
The court could not take cognizance OF the COM
plant OF the accused, as TO the harshness of the
language IN which the charges and specifications
were drawn up. IL was the province of the court
TO Judge OF the facts in the specifications and char~
ges from the law and the testimony.
r, u; Reynolds sworn.-On the 3lst October,
1913, held the commission Of purser in the Uni
ted States navy, on the Pacific station; was there
on duty about year and half, between August.
1877, and November, 1919; the 3lst Of October,
squadron; think at that time was at Monterey:
l was charged with custody of public moncyss,
cannot say what particular amount at that time.
1t was large amounts had charge of moneys re-
gulariy appropriated; also, OF military coniribu--
tons; the last disposition | made OF the pilitary
contribution fund was 10 pay OIL California refu-
gees IN Lower California, and small part TO New
about the 3lst October 1913; did not pay over any
part OF this fund TO any other officer; but do not
distinctly re member; some time 10 November, L
think paid over part OF this fund TO Purser Wilson.
some 10 GOO and odd dollsrs. by order of Com
Jones; il was at Monterey.
BY defence.-Ihs military contribution money
o. Ieis ia my custody was not less under Com.
Joness control than that of any other purser of the
squadron; received The money in my custody from
Purser Forrest, Of The Ohio. by order Of Com Jones',
which order have not with me; did not consider
that had any right to question the orders Of Com.
Jones to disburse the military contributions in my
custody.
Q.-Was the military contribution fund, which
was committed to your custody by Com Jones,
placed In your hands purssr ia the navy, or as
special agent Tor Disturbing that particular fund
The court was cleared for consultation upoi the
question: and on reopennr, the court declared that
II could not see the relevancy OF the question.
Com Jones put in an explanation Of the fitness
OF the question, when the court Withdrew all obec-
ton, and the question was put TO the witness.
Al receiped for IL as special agent, not as pur-
ser IN the navy. / received il from Purscr Forrest.
Mr.. Reynolds was next called TO prove a receipt
ior the military contribution, COLLECTED at Mazat-
ian. IL IL my receipt (s1l ,237) lthink received
another sum, and receiPted for Il IN the same way
that this was receipted for. did not hold myself
responsible to the Treasury Department or any
9iher ofhcer OF government than Commodore