The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-01

conversations between hims III and the American
Consul at Rio, concerning the Affairs ut Baenos
| Ayree.
We somet'mes have, at least from Mr.. Pendhtou,
evidence which assumes false data, and then argues
ION !hem 70 The disadvantage Of the accused rhus
oe tens o. tnat s4nt him two letters from Co
ne, ana The answer To IL; G res letter informing
me That frauds zee being Dec, at rated At 1laru,S
aha slsewbere. Yet says Mr.. Pendletan. "Ca,tain
Downing sent not 10 Palermo, where he was iniom-
| ca That Sinclair WAS am iggng, hut To Rarraoes
| where Cauheld ope ating, against whan h.
, had nothiDg but rumors." Now ma &c ,e's lot
ter wac dated "s O'Clock Pm. 3lst May, 1853, and
mine "lst Jane 1885, wherein cav seut yester-
caythat IL, before Goes ett-r was ever written To
BARRACKS, and that viii that a investga ate Goes
| chsrges eGsnst Sinclair. So NJ. PeDdieton's coz
ciusion 10 founded on false premises, the evidence
OF which fajseh00d was before him in black ~
| white. Bot farther why did send 10 BARRACKS
| at all (! Because was informed thst GONE person
WIS there prncurbg supplies Ia the name Of tho
| jamestown. when had only authorized them TO ia
| obtained at Palermo. Who was this operator It
The Barraeasi M PendletOn's own pet and proacge,
Cahiie6, Who WAS obtaining fresh provisio .
IN the name Of the Jamestown, under Mr.. PEN
d tons autho ity. and with bis kno Wedge who0 AZ
that honorable gentle man well knew-and his own
evidence convcts bim--Sinclair alone supplied the
.amestowp. And yet, il the court please, this Mr.
pepole.on y the man who Thought proper, AZ Mr..
pcthcs tells us, to :euse me and Sinclair Of heiag
| Pntfeis ana equally deeply concerned liz ~
piece OF villany and swioding." He might havo
| Io h d nearer home. ~
! One more example OF irregular evidence md va
Win dismiss the subject. THIS sort Of evidence b.
such eudeavors " nsinuate what the witaess de-
| cres ODeulv tn assert.
DR.. Folfz says -" told Capt. Downing the low.
est sum heard Coe had received was II 900 Ounces
the highest 20 0Oc. He said he knew nothing abnt
| that. but that q short time before, for the
| I Q James1owb. he had received one per cont,
the usual chaJge.) never knew where
lie $4,000 Dances came from, who 1t be-
| opged 10. ] mentioned the matter, because
Ii haA rnf.r ~txAI
understood t. imply bribery to Coe. Tue iasinuar
| ton IL pain. Now for the answers crsssexami
nations: Mr. Hale asked in the Americas
Consulate The WIS IN American nlerchant) II monev
cour come on b ard the Jsmest1wa; told MIN is
could; the law permitted it, The money came on
board shortly after my conversation with Mr.. les
| had reason to believe IL ;ao,c from Mr.. Hale:
make no insinuatops whatever" The sams ins,c-
[ bioue ~ stem appears III M. Pendletons heasay
account Of toe same conversation between DR.. Foitn
| ard me, winch bearsay account is widely different
| fr0m the cone t one gwen by Dr.. Fotz.
| ! pow proceed 70 take up the different arcusa-
tions against me, and TO see how far tbs evldeace
supports them.
| In explanation Of the grounding at Oinda it
SEEMS TO me only necessary to repeat the evidence
OF the master OF the ship (the most proper perspn
to consult the subjecD and of the officer Of the
CZECH Of the lime. Mr.. De Haven says, "whea /
/ left the oe a. four o'clock, abe was heating Welt
TO windward OF all the shoals, distant from shores
judged six miles. When the was discovered,
she was hea6Ds n. by f., and the Captain ordered
rected her course "a, In my opinion, to insure her
| s,fety. die not think hes in any danger Mt alt
did not cohsi or the current strong enough to carry
, her La to the reef. The course run SHOULD nave
,arried her by that time, two or three miles TO
+, the northward and eastward Of the reef,
! go'ng clear Of it bya mile and half at least"
| Lieut.. Stembel SAYS 'l did not think they wpf0
breakers to leeward; tbought it a aaw Of wind:
| reported the fact TO Captain Downing" Believing
themselves long post the reof breakers or dangers
were thought Impossible. The accident as bosh
flxo Off,r hyt
the little way on the shp." IL afterwards appeared
the current was strong enough to force the ship
three miles out Of her course, and to carry her
entirely over and in shore Of the reef; but, IN
ignorance OF its strength cross bearings wero
thought unnecessary. Why soundngs were not
taken is easy 10 say; Lieut. Stembel, whose duty It
vas do SO, says-aud the log confirms him--that
| it usual 20 do apprc sohing shore and tho
! fact that he did not do on this occasion only
| shows tho confidence OF safety with which tteir
course had ms ,rcd them and how far tue CURRENT
varying With wild and tide, defeated all their cAcr-
, laIicns. The ship got ont Of her critical md
almost hops lcss condition, without the loss of gun
! Or spar, when 1t was pronounced impossible by
the local pilots, md now lies safely within few
| yards Of us. rt@ e~
It ~ needless to examine the case Of the Water
Witch in detail. The interference, if any, was toe
order not TO leave anchorage, and the to ~ing
tho fats Now, first, her presence at Buenos
Ayrcs was absolutely necessary TO tow the
jamestown ALONGSIDE the Utah, flor which
purpose, says Licuterant Mcintosh, the order
10 remain was issued) to prevent outrage
on American rights. TIE towing over the flats was
the oGly CERTAIN way Of getting the jamestown
from Buenos A.les. %. Her special duty was not
iDterfercd with for ahe di not, and could not rs
Lieut.. Donaldson has proved leave Buenos Ayres
upon II till the end OF Jnly at the earliest and
these occuYesees were, one ia May; and the. other
on the I'd Of July. I'd. she perfectly available
tDr general sorvie up to- 1T least, the l4tn 20ia
OF July When she became the ark of safety for Ur
quizs, and spent her coal for him without COM
plant. as me also dld on occasion to take Mr..
Dnr.i Tan .tf.v
DuDald.on can't remember it-aud on a.lot1e to
take toe Charge and his colleague on a diplomatic
excursion. Attn. You viii not find anywhere
your record---from Lieut.. Pages report to the De-
partment, which not being on oath, il at any rate
no evidtnce--down through the whole of toe judge
Advocates rolumnous manascript--the first AZ
tempt 70 prove that the Secretarys INSTRUCT, 70
Lieut. Page were over exhibited TO me at oil. No
| bo0y asserts 10; oven Commodore Mckccvers order
to no has never been produced, and rests upon toe
unsworn evidence of Lieut Paga's report; wails In
prosicp tho exhibition TO me OF Lieut.. Pages in
| stfu .tioas-that is. tho hiuging point OF the
Whole accusation--the prosecution has entirely
! failed. OF the style snd mnnner Of Lieut.. Pages
/ correspondence with me there ~ scarceIv the
occasion TO speak the Court has heard it.
and will drew their own conclusions. Lieu
I to ant Pages's associations at Buenos Ayre0
tiiely opposed 70 all principles Of discipline and
sub0rdinati0u. 10 the accusation Of refu ing TO
obey Captain Strnghams order to report the fsces
10 relation to Simonds and Ca,rA aus vor tnat I
cid report the facts fully in my letter Of the 30th
Hay, 1851; that this was all CAPTAIN stringaam re-
quirtd- HIS written order OF tie sist to me boing
merely reduction to paper OF the OF der YER
baby given on the 30th, and that he considered nay
letter Of the 30th, at the time, In obediea ace %
that order, ana giving the Information required for
In his second letter OF the 3lSt OF May he refers 70
my Letter OF the 30th, as ia answer " that order.
The fact was, the letters crossed each other. Above
all! sailed early on the morning Of the LIST OF June
and coad net further and formally obey his order
OF tie ilst OF NAV.
To &c specification concerning Simonds and Car
roll say:-lst. That IL i were cnti7eIy proved NO
action could he taken upon it, rs It is wholly mis-
/ piared.
| u il not proper specification pssder charge a
"scar daous conduct, lending TO the destruction q
! good morals hut would only be good for al ything
| nrder charge Of Neglect Of duty or 'conduct
| nnbccoming an officer.