The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-10

wituceses having refused TO give them. have been
committed TO the custody Of the u 8. Marshal
The next mevemeot Will. We supposo, b an ap-
plicstion In the nature Of habsas corpas to test
the lawfulness Of this imprisonment.
U. 3. Naval Count Martial.
oCH PHILADELPHIA O0nass r0nDHmos.
PML ADsLrHIA, July z, 1854
The court martial re-assembled at the Navy yard
at ten O'Clock this morning but were unable to pro-
coed to business in consequence Of the Judge Advo
cate, O. g. X. Peck, Esq. OF Washington City, not
having brought his minutes Of the previous session
with him. In consequence, the court adjourned for
hour, TO afford him time to procure them. When
he arrived the minutes were not In proper FORM
being merely the rough copy, and he proceeded
under the instructions Of the president to mike
proper record. The time meanwhile was 90
cupied by the members of the court in enjoying
formerly the sail loft. and discussing with
ore another topics Of interest to themselves
From some occasional remarks, 1t appeared that
eating and drinking were moro frequently the bur-
then Of the talk than Of lighting the duties Of the
service, and ono Jolly sea-dog narrated plan he
had formed Of laying In his Bureundy, by joining
sixty gallons bali of which he thought would be an
adequate supply for the summer. AZ each gallon
would I'LL five bottles, this would give him l50 bot
ties for consumption, including liberal supply for
the members Of the court expressed their
not aloud but deep, at the folly Of the appointment
Of civilians a. Judge Advocates and upon political
grounds only. The task Of keeping a record Is 80
aTduOus, that it ID suggested to supply Mr. Peck
with an assistant competent to the task.
The converting Of this Court in this city at this
season OF the year Is vexatons matter to the Off
GERS concerned as members OF the Court or witnesses
In the case. Had Newport or Saratoga boon select,
ed instead it woud perhaps have suited their preyi-
Gus arrangements for relaxation during the present
warm weather.
Two o'clock has now arrived, and the same state
yocate being busiy engaged in putting his record
into due form.
At three o'clock he commenced reading his re-
cord, and having gone through with the paper,
objections were made to its reception, 10
Consequence Of erasures aud corrections made and
omitted. This addition to the previous annoyances
caused an outbreak, and Captain Crabb, address
ing the unlucky Judge Advocate, said -" You
should never have undertaken to fill an office for
which you are incOm petent."
Mr.. Peck excused his error by saying that he had
been writing nearly ell the night and day. but he
would show his competency before the trial ia over.
The President remarked that tho court had been
embarrassed from its first organization by the course
pursued.
The erroneous page was again copied, and being
read, the record was then approved.
The time for adjournment having arrived, the re-
cord for the second days session was made after the
following style:-
The Court met pursuant to adjournment but in
consequence Of the Judge Advocate not being pre-
pared with his minutes, recess was had to enable
him TO make up his record, which being read, the
Court adjourned over till Tomorrow.
The room was then cleared ut the motion of Capt.
Gardiner, tho members Of the court remaining Ia
session to discuss the course to be pursued and It is
possible that stormy scene ensued.
THIRD DAY-AoRHrN0 SESSION.
From the Philadelphia Bulletin, July 81
The Court met this morning. purauant to adjourn
ment and the record Of the proceedings of yesterday
Dr.. J. If. Foltz, having been previously sworn as
. witness, was recalled and resumed his testimony
AZ follows:
you were about to say-what1
Witness-When last called was about to say that
Dr.. Page went on board the jamestown and repeat
ed to Capt Downing in substance what bad said In
relation to the matter before /; soon after this /
left the jamestown for the shore; Commodore Coe
shortly after left the jamestown I; went on board
vessel think the Henry Barring, for Monteviedo;
on landing ] found great excitement; the
besieging army had erected Q large battery
near the town; the firing on the town was renewed
with more vigor; when I returned ON board the
jamestown Captain Downing inquired what amount
Of money report said Coe should have received for
the squadron replied that the lowest heard was
$4,000 ounces-the highest 20 900 ounces; he said
he knew nothing about that, but that short time
before for the Is 900 ounces which had been placed
on board the jamestown. be had received one per
cent; that that had shout reimbursed him for extra
expenses be had been at when be had command Of Q
vessel on the same station the fact Of these 5000
ounces being cent on board the jamestown had been
mentioned on shore by our officers, which be thought
had prevented their sending more money on board
the jamestown. which he had reason to suppose had
gone on board the French steamer Of war Sesostris
Captain Downing said he did not know the fact,
but that short time previous the Sesostris came
up and anchored in the inner yoad, and remained
about long enough to receive money on board, then
proceeded down the river. The French officers
were discreet and did not speak Of what they were
doing; that he did not know, but thought abe had
carried down $500 OO0 had reason to think that she
had carried down $500 900, and had that amount
been placed on board the Jamestown, he would have
shared the per centage with the ward room officers
my messmates; replied that 80 far as was CON-
cerned received my regular pay from government,
and receiving any per centage for deposits was
quite out OF the question. We shortly after
sailed for Monte video; very soon after coming
to anchor OF Montevideo, q boat came along
side, and Coe came ON board the jamestown with
some clothing, and remained on board, living
In the cabin until our arrival at Rio Janeiro; he
had taken refuge on board the British steamer for
himself and family; his family went on the Rio in
the steam packet from Montevideo; he was not per
mittted to 60 in her.
The witness here remarkedythat this was all he
knew about the second specification.
In regard to specification third, l do not know
anything Of the particulars; I know that Mr.. st.
Clair, who 10 mentioned here, brought provisions
from the outside to the jamestown for the officers
and crew; also saw him landing provisions 10 the
city and carting them to store or shop joining the
American church.
This is all he knew about the Sd specification.
Specification 4th relates TO the desertion OF two
men from the ship while ct Norfolk; one of them-I
believe Simons-was constantly hanging around the
dispensary, wishing to 60 on the sick report. He
would have been very useless man on board the
ship. They left, believe with tie knowledge of
Capt. Downing and some Of the officers, in 1851.
Charge 2d-Speci6cation lst. The first part Of
the specification. know that Coe was received on
board the jamestown at the time specified. know
nothing about the latter part OF the charge Of his
compromising the flag, &c.
Specification 2. know that we left our anchor
ace about tho time specifed and nroceeded to Rio