The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-24

We have had no celebration mere TO Gay, except q
small military turn out, and the airing Of few guns
Findings and Sentence or the Naval Court
Martial, for tho Trial or Commodore Thos
AP. Catsshy Jones.
OUR WASHINGTON CORRESPONDENTS.
WASHINGTON, Feb. 81, 1851
The following document gives the fndings ant
sentence Of the Naval Court Marital for the trial
Commodore Thomas Ap Calesby Jones, of the
United States navy. The Secretary of the Navy,
from motives of delicacy, which can be readily ap
preciated, has not promulgated the sentence, but
permitted us, upon application, TO make copy OF
the proceedings. The announcement OF the SEN
tence, in the Herald, has created great sensation
here amongst naval men-and TIE whole commu-
nifty whilst they do not object to its justice, deeply
regret the necessity which caused it -
NAVY YARD, WASHINGTON, d. ca
February l, 1851.
After full and mature aelberaton on the pre-
nsises, the Court doth ind
That the first specification of the first charge is
proven. except the words - unlawfuly and fr audu-
lentiy," therein coatalned
That the second specification of the first charge
is proven, except the words and fraudulently,"
wheresoever they occur in the said specification.
That the third specification of the first charge is
proven, except the words " and on divers other
days and times in the said month";" and except
the wotds "traudulentiy" and deceiduy,'
wheresoever they oceur in the said specification;
and except the words and committing a fraud
sesinst the said United States"
That the fourth specification Of the first charge
Is proven. with the modification expressed in the
tlnding upon the last pre- ceding specification $50
far as the same is referred by this fourth speci
hcation) and except, also, the word 'fraudulen!-
iy"
That the fifth specification Of the first charge is
proven, with the modification expressed in the
hiding upon the third specification of this charge
tss far as the same Is referred 10 by this fifth spe
cIhcation); and except, like wise tine word "fraud-
niently wherever the same occurs IN this specltl-
cauon. ALs
That of The said first charge, the said Captain
Thomas Ap Catesby Jones, OF the United States
navy IL not guilty.
That the specification of the second charge is
proven, except the word " frauduently" whereso-
ever II occurs In the said specification and excep!
the words : thereby attempting fraud against
the United States, and
That OF the second charge, the said Captain
Thomas Ap Catesby Jones, is not guilty.
That the hist specification OF the third charge
is proven.
That the second speci ication Of the third charge
rs proven, except the malicious intention.
That The third specibcdtlo1 of the third charge
eProyen, except the guilt of Wilful and deliberate
falsehood And
That the said Cap,lia Thomas Ap Cates5y
Jones, the said third charge IS guilty.
That the iirsI specification OF the fourth charge
IL proven
That the second specification of the fourth
charge Ia proven, except the time laid therein, il
being proven that he official letter therein men
noned was not received by The accused until the
ID day OF September, 1919
That the third specification Of the fourth charge
- not proven.
That the fourth specification Of the fourth charge
Is proven. except the words " negligently and =
where THEY fret occur in SAID speci ication. And
That Of the SAID fourth charge the said Captain
Thomas Ap Caiesby Jo1s, lie guilty.
That The first specialization OF the fifth charge j,
~ ~ and at.asA alssf
wheresceyer they occur ia said specification"
That the second specification ut the fith charge
n proven. except the wotds "oppre ssively and
maliciously J." and except the words " without any
sufficient reason Of uslic duty, and solely for the
qualification II his spite and malice against the
seid Lieutenant Steply. and
That Of the sail nflh charge, the said Captain
Thomas Ap Catesby Jones IL guilty.
And the Court doth, therefore, sentence the said
Captain Thomas Ap. Catesay Jones to be suspend
ed tor I'VE years and that hls pay and emolumen's
Ds sss2enaed isr ne hisst"o ears and SIX months
OF the said TIME OF als suspens,on. (Slgned.)
Sn4s. STEWART, Pres't, w BEANFoRp SHUBRcE,
l. WAaRINeToS, LAWRENCE kEARSY,
Jse Dowss, JoHN SLoar
III. r. BALLARD, N c. Perry
J. NJ. CARLISLE, Judge Advocate.
REMARKS ny IHE COURT, ACCOMPANYING the FIND
tNG AND SENIRNcE
The Cosu thinks II proper TO remark that IL has
been induced 10 add 10 the suspension OF the ac-
cused, the suspension II his pay and emoluments
Tor portion Of the lime, from q consider alton OF
the facts proven before H. touching the profits made
by hum from the improper and unauthorized use Of
the public money
The Court further remarks that 10 substantially
acquiltlng the accused Of the matter charged IN
The second specification Of the thlrd charge II does
not mean 10 be Understood es entertaining the
slightest douot Of the injustice done 10 the three
heutenants, Green, NJ srchaDd, and Craven, by the
language quoted In the specification from the ac-
cused's despatch, No % The Court has dis
covered nothing IN the testimony Ia any manner
affec ting the character OF those officers or either
OF them. But the Court III not ind II proven that
The alleged libel wbichis contained IN an oticia
and privileged communication, was written and
Transmitted by the accused, with malice.
tSigned) CHARLEs STEWART, Pres.
J. NJ. CARLISLE, Judge Advocate.
And therefore, me President Of the Court pre-
sents the following communication from the SEC.
retsry of the Navy, which = read by the Judge
Navy DEPARTMENT, Feb. 1, 1851
Su-The Department having been informed By
M Carlisle, ESQ, Judge Advocate OF the Naval
General Court Martial, OF which you are the pre-.
siding officer, the triel Of Com. Thos. Ap G. Jones
has been concluded, Il has no further business to
bring before the court as al present constituted
IL - accordingly adjourned stN DIE / am re-
spectfully, your obt servant,
(Ssned,) WILLIAM A. GRAHAM.
Com Chas. Stewart, Pretident OF Naval Genera
Court Martial, Washington.
And, therefore, the court y adjourned sins dc.
CHARLES STEWART, President
Attest, J. M. CARLISLE, Judge Advocate.
NAVY DEPARTMENT, Feb u, 1851
| have examined the foregoing record Of the
proceedings Of the court martial for the trin Of
Captain Thomas Ap e. Jones, and approve the
ton of the fifth charge. am Of opinion that the
findings u the court, on the other charges and
specifications, are in accordance with the evidence,
and DO hereby confirm the sentence OF the court
against the accused. (Sgned)
Will A. GRAHAM, Secretary Of the Navy.