The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-05

with the captain Of sh. ,.nsps and ss.. ;:
Tea States order che s;is, sishs Command
'''''iT't saSsss sss
RoBT. MURRAY, Assistant Surgeon, U. s. A.
wM A wITNDER, LIST Lieut. 80 Artillery.
AL * P HGI% "a Lieut.. .
C s wIsDrn, ID Lieut.. Sd Artillery, Recorder.
EXAMINATION REsuMD.-Q Do you know the maximum
TESTIMONY OF 1T. c. s. wIspER.
L. Chas s. Winder, Sd ARTILLERY, wac examined for
the defence, and testified follows
@ Look upon the report and say If you signed it, and
the facts therein stated are true according to the best
the facts stated in II are correct.
The same question as that put to 1t G s Winder
answered as oiowsgS did The facts are true 10 the
best of my knowledge and belief"
Major Wyse requested the Court to aourn he wish
ed to evidence from the city by the testimony
Of citizens whom he could not keep in attendance the
Court The evidence required he said to the follow
POINTS FOR THE DEFENCE
l. We propose to show that the reputation Of the
steamer alcon seaworthy vessel at the time Major
Wyse was ordered to lead his troops on board OF her,
was bad among nautical men, and such as justly to
awaken apprehensons the part Of Major Wyse for the
2 We propose TO show that the Falcon was built in
1e46 and her boilers in October 1850 and that she stood
second and third rate vessel the records Of the
insurance companies in New York, and that such
her characters given in all the official surveys made of
her
g. We propose to show, by an official survey Of the
Falcon Just MADE by the Wardens Of the port of New
York that she is badly strained in her mbers and knees
and that her joint construction Is such to her
to labor and roll badly at and to expose her deck
passengers to great danger in q storm.
4. We propose to show that The engine Of the Falcon
at the time she sailed, in such defective state
inevitably 10 render il nearly powerless.
T. We propose 10 show that in the opinion OF eng
and nautical men, Major Wyse entirely correct
in the opinion that the Falcon should have made trial
up before proceeding to sea with passengers as pre-
cautonary measure ordinary prudence required such
trip.
d. We propose to show that the general equipments
and condition of the Falcon such TO afford
The officers and soldiers proper accommodations the
voyage 70 Aspinwal
We propose TO show that the event has proved that
the opinion Of Major Wyse in regard to this steamer
correct
s. We propose to show that the military character of
Major Wyse IL such TO afford strong presumptive evil
dence against the truth of the second charge.
Major decided adourning, but before doing so Col
stcptoe examined for the defence
TESTIMONY OF COL sTEPToE.
@ How long have you been acquainted with Major
Wyse an officer in the army and what Is his charac-
ter for oicerlke and gentlemnnly conduct? A. have
been acquainted with Major wysc an officer of the
army since 1887; his character officer and gentle
man have always esteemed very high.
Here the Court adjourned til ten o'clock this morning
MORE EVIDENCE FOR THE DEFENCE.
The following letters, written by Lieut. Loeser while
beard the Falcon at will be produced in evidence to-
day. 1t will be that they coroborae his testimony:
STEAMER FALCON. At SEA, April y, 1854
sE-I the information q the war department have
the T.
eiy mar Enauhea bis s's command Of ,so four
companies Of the sd Artillery under orders to California
AceoTdipely It about o'clock ?. the 18th inst.
s ia & the
continuing to work until vine in tho night whom !.
thirty mnrtes wien 4 was af,a s.. in motion and
s'Ss
as Viz y. worked yer ,sTy a. times being
pr, iogs to u Friday the boat ran but sty ps
to reseh our destinston would require most unwsirant
ss Ess Of i%s |, at Al rs the r''a tho
sass s With
,asa thought ssss a
oaesrs Of The Command II an order which have
the hener to enclose marked T,qm the s,atsmo, s
terry unft TO continue her yoyase ard to do to
b R os advised tI wiz s sp ea
MhGSnstFy who the. proceeded to his
presence Of other oHhceiss- Gentenea, have made
and soheluisd follow your aavise "a and according
since t.sS we have been favored with fair winds thus
gFesy assisting the engines and 30 ia preventing her
ss i've: !. IL al s ~ ss sss. @
5sashsd. sandy ioA s had nevs. been TIE boat H.
ofsxamiring tar M ,hinery previous to 3. riing
order toS, osa VII" s 80 % him were thus
an m 30. & nj ssasy IL y II
ing in perfect order they Ole eDbes) worn and
Dueg tfs pat trsny four hours with thing, hishy
linz AZ it, ntelme Inc ,sao ha Sn as,t
is miles stould Re fcq.r,a toresd tie oppo;
aT,y hend against tho srce1o UnG;i sseaast,nsea
The prepIisty reach Se~ York tho ship
With TIE Wind II our tsys ard all G.ho IA
Being ar has & o w
prSsaS. continue g G@s tie Ter
amount give the ssp more speed than
& s 's Ss
% to make hhesdwsy should the Wind
cold climate would great especially drivea OF
si9 or III M into
y t5s advice q esee1 decided land al FORTRESS
M AZ sosd4 ss S ss
your otejisnt servant, Lieut., IrtIEH LoEsER,.
-, First Lent "a artillery csm'd1g ps!ashmeIt
aorisns with al " other documents forwarded
wai, 81 a ihss5
Port Monsae Va on the evening % the th OF April is
York ~ mail from F9rt nonrSs on th9 9th Of Apr is
cnrsArxAEr BAY, April IS 1854.
@ 5sP s svas New York
o M &c what sn qs t' NJ s
very dirty s 1S Sdans s''S
many cases tlihy andin most much worn and little bet.
ter than nothing, inadequate provisions for policing
tcleanp tie cabin badly found, It's furniture being
posed Of TIE odds and ends Of the various the
line the bedding thereof in the condition that
the men The psnt Of the rooms s,ll and often
Live and altogether In opiri ion proper
findings for the well class cabin pa
From IL would she being down
sto-esbp for the Panama railroad Company
~ hospital ship with their sict after doing which
informed she be taken up thoroughly overaauled
order to mako passBge loaf her This With the evi.
dent fact that must reach Aspnwall long after the
George Law, clearly before idoa had of
returning that her engines defective all induced
mo 70 resolve that could IN justice command
o good faith towards the Qnartcrmaegs Department.
sn tr cefhcste required by the contract at aspnwai
before having fully laid tie lofore the Depart
ment and having their direction IN the matter
/ Very respectfully. your obeiientsesyant.
Nignei) Lieut.. IUClEN LpESER
Lieut.. "a Artillery, Commando. Detachment.
/ Col 5. Cooper Ait, Geal. u. 5. A.
Naval Intelligence.