The New York herald., 1850-12-25

tis,, Accused therefore asked that Mr. Mason might
be examined out Of biz regular time In the proceed
pas and that his sxamination might take place
Monday next, which was agreed to by ths court IA
Mexican Buchanan sworn --kxsmined By Judge
Purser the navy during that year was attached
TO the soop OF war OF the Pscidc squadron under
day Of March, isi0 tonching At Valparaiso aud Rio,
and arrived at the port Of New York 23d lSis
the commodore shipped gold In the Dale 2oo ounces,
think 1t freight, OF which he made his pri-
vste agent my arrival In the United States to
ceive and carry it by his instructions to the Phs
depbia Mint, his account; the in
writing and that is the paper; the bill Of lsdng
signed the gold to the Treasurer United States Mint
,hips by sloop of war Dale care OF witness 2Oo oun-
amounting to s22sll with instructions witness to
place In Philadelphia Mint and to remit certificate
Of deposit to Mrs Mary Jones' Prospect Hill, Virginia
Six bills Of lsding referred to oonsign ng the gold to
ofThcmss Ap Catesby Jones, bags slkaambsrsd, so
deposited the gold in tho mint coDding to nstruc-
remtsd according to instructions; the value Of the
certificate s2 42 to the best Of my recollection;
fo: the total osu, " :. tns mint the Of
in my hands l do not know when or where the gold
was purchased for Commodore Jones; 1 received q
portion of at San Francisco, on the morning Of the
18th March, the day before the Dale sailed, on board
that ship to the best Of my reoollection took
board the Dale from the Ohio, the evening before
sailed; the Dale arrived ct San Francisco about
the 9th February from the Sandwich Islands, and the
Ohio arrived from Malatlan about fifteen or twenty
days before We sailed; not with the Commodore on
board; he had remained in the neighborhooi of San
Fr.ncisco he had shifted his flag to the
and the Ohio sailed with Its Captain to Mazasn the
value Of gold dust at San Francisco, when the Dale
sailed was sl6 the troy ounce; have no knowledge
Pacific station, in gold dust or uncoined gold;
have no knowledge Of any Investment BY him In gold
charge or as purssr under the orders Of
Commodore Jones, on that station, of any uncoined
gold or g0li dust for the public use or on public
account; have NO knowledge of any disbursements
OF unconed gold on public account for the public
use by any other disbursng officer. To general
question with respect to alleged criminslity of
accused in transactions in gold dust in California,
the witness answered that he knew nothing of any
button fund as collector 1T Gusyamus from January
4S to June '4S, and paid the balance of said
fund sso1e to Com. Jones BY his written order for
made July, AS at La Paz, $1,000; the $40 paid
San Francisco or Monterey, believe 1 made these
payments personally to Commodore Jones ; took the
5000 board the Ohio took the three bags and de-
hvered them to the Commodore, in the cabin.
cused being notified BY the Judge Advocate that he
might now e1 anime the witness, Commodore Jones,
by counsel stated that he had questions to put.
And at half past one o'clock, Commodore Stewart
announced tbs court adjourned.
NoTE.-In the reply of Commodore Jones to the
charges and specifications against him. the printer OF
the Herald makes him say In the last paragraph, in
reference to those charges, have felt that they
were dr. drummed up In . manner unusual in our naval
trials" For dIummsd up" read drawn up"
DAY.
NAVY YARD, WASHINGTON, December 23, 1880
berr, the Judge Advocate, and the accused Minutes
Of Saturdays proceedings read.
Pursuant 70 an order OF the Court the essminanon
mitted out Of regular order, Mr. Mason being required
to attena the State Convention in Virginia, Presi
Hon John Y Mason, late Secretary of xhs Navy,
swoIn-Q. by the defenee-when the war with Mexico
the United States In the month of September follow
ing was appointed Secretary OF the Navy being con-
n n
time In the absence Of the heads of those
fiom the seat OF government, performed the duties
OF Secretary of State and Secretary of War QPlease
state what the general views and policy Of the
Navy Department and the administration collectively,
on the following points IL. As to the Commander of
the Pacific naval station keeping the military conri
| button money separated from the money subject to
disbursement legal appropriations and spplics-
BILE TO such objects the emerge ncies of the public
service and the necessities OF the service and OF the
community, might demand in his sound discretion
subject to the ultimate approval Of the department
Whether the protection indemnity for losses OF
sscb Mexican citizens not included in the ceded ter
rory, as had in danger Of persecution from ae
beson to our eide in the war were not among the OBJ
jecis suppoted TO be within the limits Of the
der's discretion! 3. Whether the want OF circuat'
ing mt dunn by the people Of California, did not
thorize the exerc,e of sound discretion the part
| OF the Nsval Com msndsr Of the Pacific station, In
such exchanges Of the public funds rs would secure
Ths Judge Advocate put his objections to this in
| terogaioiy The duties of the Commanders on th'
Pacific stston were laid down In the the
tert OF his discrsionary power to be presumed
"
and Il the province of the court and not o
the witness TO define the extent and mts Of the dis
cretionsry authority proper to be exercised by th
| accused.
9hs accused, by counsel pleaded tn. fitness of tn,
qu sticp Considering the condition Of things In Cali
forr the powes and the discretion OF the command
The Pacific station could not be determined BY
| known standard of law. lie m1t, OF necessity hav
bad large discretion 1t competent to xscerai'
bis predecessors by authority, had not cised
very large discretion the Pacific station. The dis
cretion admitted by the executive departments
Anf ina
the manifest good faith and simplicity Of condue
which had characterized the acts Of the accused
IL vas proper TO prove thst he had acted within tn
scope OF this discretion and authority
The Court was cleared and opening, II was dc
Mason was therefore relieved from further atten dane
on the Court
Hugh W Greene sworn--Examined by Judge Adyc
sste-In the isd6 to 1s45 held the commissio o
OF purfer on board the u. 3. chip Independence, o
the Pacific station fret und'r Commodore shubricl
afterwards under Commodore Jones. As collector q
Bazstlsn collected the military contribution fun
from some time in November ls47. till the evscustio
$4,000 collected The first payment was to WIN
speidsn, oisbur,ing ofhcsr, March 30, lsis by Con
shSSrieS srifcrty also Nav q asa lss sa ~, nsn
vas June ~ under Com. Joncs authority, So2 SIS q
to VIM. speiden; the next came date june IL by sam
the Next was in July to the same Forrest (thsse tW
sst were undr special written cirrcton,J by the
authority, s4ets5 rs The incidental expenses wer
500 23. That is ell paid out of the militar,
contribution funds. retained BY approval Of Com
Jtnts tlzIe2 50 as commissions for performance o
my duties a. collector OF the port That
q commission signed by me aud approved by Com
Jones paper handed in was detailed to the duty
| q collector ct Mazatlan, by commission from Gem
shutrick November 1s47, the day after the fort wa
taken, think On the nth The order was given tc
me in writing which have not here. Witness stated
substance Of the order of Com shubrick sppointiRs
him collector Of Mszaten IL printed psper snC
believe that 20 BE- the same. have kno sledgs o.
any nvestmcnts made in gold dust in coined gold
| by the accused.
| BY the accused-It was after the payments 20 Purs
| fh.sI frat boa Iaf 49, o.
in Csifofris; it after the last payment made Al
lie Par have recollection Of other transfers ads
70 Purssr fofrest; witness testified 10 conforming e
| the tarG. altered by Commodore ssubriok from
| Secretary walkers tsrf it vas altered in every
impCTtgpt rHrticulRr-in all the leading articles;
recon lsndtd the change TO Com mmoiore shubrick X
bccauGe asctrtsined. from inquiry, that vessel
With cargo 90 any sccount, would enter under the
81 IL r,r rf M.