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

ocean, did, on the fifth day of November, in the
year eighteen hundred and forty nine, at the bay of
San Francisco, fraudulently prepare and cause to
be prepared, and fraudulenty did transmit to the
Secretary of the Navy, paper purportng to be an
account showing what amount of public moneys or
the United States Of the Military Contribution Fund
was then in the hands OF him, the said
Captain Jones, in and by which said paper he stated
and represented that certain balance OF four thoa-
sand one hundred and fourteen dollars and eigh-
teen cents therein mentioned, still subject to
the satisfaction of certain awards to Lower Cali
fOrna refugees whereas, in truth and in fact, the
said Captain Thomas Ap Catesby Jones had in the
same account claimed and taken credit for the
full amount of the said awards as paid by him out
of said fund; and the balance aforesaid was not
subject to the satisfaction of such awards; thereby
attempting a fraud against the United States.
CHARGE III.
Sc0ndalors Conduct, tending to the Destruction OF
Good Morals.
SPECIFICATION LIN this, that the said Captain
Thomas Ap Catssby Jones, then being in command
Of the United States naval forces in the Pacific
ocean, on the thirtyrst of October, in The year OF
our Lord one thousand eight hundred and forty
eight, oil Monterey, Upper California, scandalous-
ly did abuse the public trust conhded in him by
virtue of his command aforesaid, by causing the
sum OF ten thousand six hundred and fouy-thiee
dollars and nine cents of the public moneys of the
United States to be transferred from the charge
and custody of one Edward ID. Reynolds, purser
in the navy Of the United States, who then held the
same for the use and benefit of the said United
mand aforesaid, of the said Captain Jones, to one
Joseph Wilson, Purser in the said Navy, and
likewise under the said command, with the intent
that the said sum should be more conveniently
subject 10 the orders OF him, the said Captain
Jones, tor his own private uses adventures and
gains; and, thereafter, in pursuance of said intent,
did, on the hrst day of November, in the year
afore said, at Monterey Bay, order and direct the
said Purser Wilson TO exchange the moneys
aforesaid for unconed gold at San Francisco, IN
California, at the current market price, and to hold
the said gold subject TO his, the said Captain
Jones further orders; and the said Purscr Wilson
having thereafter, to wit, between the last men,
toned day and the twenty-iifth day of the SAID
month of November, executed the sad order, the
said Captain Jones did, on the said last mentioned
day, on board the u. ). Ship Ohio, in San Fran
cisco Bay, take and receive the uncoined gold for
which the sand public moneys had been exchanged
as aforesaid, and did receipt for the me TO the
said Purser Wilson as the said sum of ten thousand
six hundred and forty-th ree dollars nine cents,
whereas the same was of much greater value
Speclfcotica I'm this, that the said Captain
Jones, then being in command as aforesaid, on
board the flag ship Ohio, Monterey Bay. on the
tweniyhfth day of October, in the year eig hteen
hundred and forty-eight, in an official despatch,
numbered thirty TO the Secretary of the Navy,
falsely, scandalously, and maliciousy did write
and cause to be written, and falsely, scan
dalously, and maliciousy did report sand trans
mt 10 the said Secretary, of and concern
ing Lieutenant Joseph F. Green, Lieutenant
John Is. Marchand, and Lieutenant r. Augustus
M. Craven, Lieutenants in the same Navy the fol-
lowing false, scandalous, and malicious libel, that
is to say: "Nothing, sir" (meaning the said Sec
reaIyl "can exceed the deplorable state of things
in all Upper California at this time, growing out of
the maddening effects Of the gold mania. | am
sorry to say, that even in this squadron, some of
the officers are little tainted, and have manifested
restlessness under moderate restrictions, impe-
rously demanded by the exigencies of the times,
as you will perceive by the enclosed paper addressed
TO three OF the ieutenants," (meaning the three
lieutenants above namely Thereby falsely, scan
Hal and atintnu
three lieutenants base aud sordid disregard of
their duty and character as officers of the said
Navy, and a restlessness under moderate and ne
cessary restrictions sPringng, from their being
SPECIFICATION 3.-ln this, that the said Captain
Jones, then being in command as aforesaid, on the
racine station, on the fourteenth day of September
in the year eighteen hundred and forty-nine was
guilty Of wilfu and deliberate falsehood, in writing
and transmitting TO the Secretary of the Navy, in
a certain despatch, numbered o., the following
language, viz
"Wnh regard TO the balance of the Military
Contribution Fund which remained in my hands
AT the date OF my last returns, il has been turned
over to Purser r.. M Price, whose receipts, with
my account current, will be duly forwarded to the
Whereas, the said balance had not, in fact. been
TUNED over TO the said Purser Price, and the said
Captain Jones well knew II had not been.
CHARGE Nv.
Neglect of DUTY.
Specification LIN this, that the said Captain
Jones, then being in command of the United
States Naval forces in the Pacific ocean, on the said
station, on the tweniy.fourth day of November, in
the year eighteen hundred and forty.eight, and
for long time prior TO said day, and during
the said command, neglect to have the public
moneys of the United States, Of the fund known
as the Military Contribution Fund, kept and regu-
ary dsbursed by the Pursers Of the Navy under his
command, for the public use, and neglected to re-
quire regular and proper accounts OF such moneys
TO be kept and returned by such d bursting officers
and took the said moneys under his own personal
control, and so managed and disposed the same,
dun ing the time aforesaid, and during the whole
period OF bis said command, as TO expose the pub
lie interest to loss and injury and the said fund to
depreciation and embczzlement
SPECIFICATION I'm this, that the said Captain
Jones, then.being in command as aforesaid, and
having received certain official letter OF the Sec
Rotary OF the Navy, addressed to him, and dated
the first day of March, ISi9 containing the follow
ing language, to witt
alt is very desirable that the accounts of Mill.
tsry Contributions collected from the enemy shall
be settled without delay, and the balance unex-
pended IN preventing the war with Mexico and its
necessary incidents, should be paid into the Trea-
sury of the United States, so that disbursements
may be made exclusively Of appropriated money.
You will be pleased TO take the necessary measures
TO effect this object"
Did neglect to take the necessary measures to effect
the said object. This on the said Pacific station,
on the nth day OF June, in the year aforesaid and
thenceforih during the continuance of the said
Captain Jones in the said command.
. In lnls, mat the SAID Captaln
J ones, being in command aforesaid, on the first
day Of April, in the year of Lord one thousand
eight hundred and forty nine, on board his flag
ship, the Ohio, in the Bay Of San Francisco, hav-
ing received certain official letter of the Secretary
OF the Navy. addressed TO him under date of 10Th
January, 1879, containing among other things, the
language
THE Department is anxious to have full ac-
count Of Military Contributions collected and of
their disposition" Then and thenceforth during
the continuance Of his said command, neglected
to furnish the said department with such full ac-
count as aforesaid.
SPECIFICATION 1.-In this, that the said Captain
Jones' then being in command as aforesaid, on the
trst day OF August, in the year eighteen hundred
and forty eight, the Pacific station aforesaid ia
certain report, account, and statement
made 70 him, in his command Aforesaid, by one |
Hugh w. Greene, Purser in the Navy aforesaid, |
who had been Heretofore as such Purser charged |
with the duty Of collecting the Military Contribu-
hon Fund al M0zatlsn, in California, Reqligently, |
md without authority, approved charge against |