The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-12

RIAL OF MAJOR WISE BY COURT MARTIAL.
EIGHTH DAY.

EIGHTH DAY.
The Court met pursuant to adjournment, and all the
aembers being present, proceeded with the trial
Mayor wyse offered in evidence affidavit, which
cad to the Court and which published in the Wash
on Unicn in December last, by the passengers the
Falcon, from New Orleans the llth and Havana the I'd
IL November, in which it stated that she left Havana
with insufficient supply of coal 1t is follows
After being out two days from Havana making only $50
sss Hss was s5
Of the donkey keep her Free She had
seacs ts1.y.s and MN
and proved to be in az bad condition S. sr e s,se
S p I' ~ ri %'
a. %., and s' ssps mf and
sSSs The coal being So bad !. vas Sa %
nl:: SSsr ss lie aa
hs h a M 9, IL
ss'as' .s saa
be @
s ss 1 I'D 4, two
that her
.r e % asy
s:s E:
and H. a We
der ths trying siI .a1 "a ass;,.
j. why vas Capt. Gray advertised in New Orleans to
:sie the and Cart Baxter who knew nothing Of
Rad Capt. Gray and The agent at Aspinwal boen
rspans Falcon inc~ns Of Gazing ns and other
and why were not the passengers ap
Waller Of Baton Rouge Edward wGrrs
ssNsx York Francis E%on New Orleans Joseph or;,n
son; George Levassier Of Louisiana: H. W. Thorndke
Trsnl Ihicry Jean Ruydasrisux; Dr. B. H. Peterson,
The Judge Advocate addressed the Court when the
foregoing read He said he had objections to the
form Of the evidence offered the Court in this affidavit
but he not prepared to say to admit how far the
particular facts set out in the newspaper publication
true could he consent to go into the nvesga
ton Of these He did consider them competent
in evidence this trial The condition of the Falcon
some previous and all the particular facts only
and causes of that condition. ought not to be tried on
ahis The question here is, she seaworthy
mot when she last went to sea as government transport
and that question of fact as to the particular time
is in proof that she had just been repaired If could
be shown that her original and ncurabe defects
seaworthy that would be competent evidence and her
state at the time she went to ought not to be
tanned by investigating all the special facts Of her former
voyages As to this trip when she here from New
Orleans last fall for repairs and her condition then,
which the subject of this newspaper publication, and
the complaints of the passengers the Judge Advocate
said he would admit as much of as he thought was
properly admissible. He admitted that this publication
was made and known TO Major Wyse and the statements
in it believed by him.
The defence agreed to the admission of the affidavit
tLe effect proposed by the Judge Advocate
TESTIMONY OF MAJOR sPRAGUE.
Major John Sprague, of the United States Army,
witness for the defence, being sworn testified as follows
Q Were you the commander of this post the 18th
Of April 1854 and were not two companies of the Third
Artillery, destined for California, part Of your
n.and?
A. Yes
O. VIII you please state the substance of
on Major Wyse had with you that dsy, in reference
TO his official duties and what your inference from
that conversation?
A. 1t the 18th; he said he had been board
the Falcon, had examined her carefully and made dill
gent inquiry regard to the vessel in every respect and
he was satisfied she worthless vessel and not fit
transport for United States troops that he would not be
responsible for taking his board that ship
he thought he could not separate himself from the
sponsibty connected with the troops under his
mand that whatever other people might think he could
not separate himself in any way whatever from the pro-
lection and comfort of his command and that recent
connected with the Francisco salts fed
him Of that told him if these facts, he ought to
ascertain them in proper manner; that men would
not swear to when they came to the crisis he said he
had done SO, and he was satisfied that the ship
nnser his command and upon the government with this
belief he would interpose every obstacle to prevent his
command going on board.
O. Were you in command Of this post, and present
the morning of the 18th OF April, 1882
O. Could Major WISE have detained the detachment of
the Third Artillery at this post on the 18th Of April
command OF this post
O. When the captain Of the lighter and reported
to you the 18th of April that the Quartermaster had
sent him TO take the troops to the Falcon did did not
Major Wyse Immediately send on to the headquarters Of
4on that he would not take the responsibility Of march
ing the the Falcon, which he believed to be
seaworthys
A. He did.
The Judge Advocate inquired for the letter. when Ma
jor Wyse informed him that it the letter already in
evidence, dated II y w. April 49, enclosing the letter
TO Loeser, relnquishing the command.
Q. Did or did not Major wyse say at that time that
although he expected to be arrested himself yet he
thought General Scott upon receiving his letter. would
stop the troops until he could look farther into the
dition OF the FalconS
O. Did not Major wyse leave this post early on the
morning Of the 9Th OF April, 1854 on seven days
leave?
A. Yes.
During this absence Of Major wyse on leave had you
conversation with Colonel Burke in official
business to who would be the commander of the de-
tachment Of the Third Artillery the 18th of April
1857 and was il then certain who would be the
commander
had such conversation with Burke it was not GER
TESTIMONY OF LIEUT. HENRY RODGERS
Lieut. Henry Rodgers u. s. Navy witness for the de
fence, was here called and
Have you any knowledge OF the steamer Falcon? and
A. commanded her for eighteen months and upwards
from June, 1851 TO April 1858; she slow for pas
senger boat and for the earlier part of that time very
much from work OF several years; she easy
sea boat owing TO her model lightly timbcred than
any other ocean steamer Of which / knew, and con-
sdeaby strained in her upper works in consequence of
having built upon her a deck and accommodation for
passengers, which the hull not originally intended
bear when deep loaded her engines had not sufficient
power to drive her more than knots when in
as good order as they could be.
Q, In your opinion, did the addition Of her upper
works affect materially her qualities going
steamer and overtaken by storm at sea- with
her engines crippled would not this upper deck greatly
increase the danger Of the passengers
A. Yes ray yes to both clauses OF the question.
q. Do you regard the seaworthness OF the Falcon
equal to that Of the George Law and other first rate
going steamers?
A. By
The witness here crossexamned-o You speak
OF the state OF her engines in the first part Of your
mand Of her low in the latter partg
A. They were repaired, but not radically.
q Were the defects such might be removed by pro
per repairs?