The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-21
UNe Downing havaA Coart Marital.
ELEvnnrH DAY.

queries tne court, commences the previous
Sir Charles Hotham said that he felt he had taken q
great liberty In speaking frankly 10 about cap
tain the senior naval officer Of the United States then
the station; the conversation far Of con6dsntia
character that afterwards whom he and met at Rio de
Janeiro suggesting to him that the conduct Of Captain
Downing and the affair at Buenos Ayres might become
subject of investigation at home obtained his permits
sion to his name, and refer TO him 1t should be
necessary Capt. Downing did not then at any time
before Afterwards ask my advice counsel to the
he should pursue in reference to receiving Coe
the only communication that passed between him and
me on the subject my letter to him June 26th
1885, he acted in the matter his responsibility
and entirely independently Of the diplomatic Representa-
ves OF the United States The necessity the presence
of Captain Downing at Buenos Ayres was only repre-
scented by him in the lecter rerred to- had no com.
muncaton personal intercourse with Captain Downing
prior to his leaving Buenos Ayres reference public
affairs except Ihaye already stated. The only other
him through ono Of his Oaoers that he would permit
with one Of the mes..s q TIE Officers, Il they would
ceive him. far Montevideo This after his leter
informing Of his absolute determination to 60, Gun
ess something should induce him to believe it was his
perfectly evident to justify him in sacrificing the
ship certainly thought that the diplomatic repre-
We're the best Sss: Of the ana
not pretend to understand decide upon question OF
caulkng may add in all these matters, being there
myself on special mission only was disposed to give
precedence to Mr. Pendleton who was our resident
diplomatic representative. We were both surprised
Captain Downing's sudden determination leave and
Of had not requested him in advance not leave
because did not anticipate any such resolution his
part Captain Downing did not regard my opinion, appa
rent as TO the propriety or necessity Of his staying
but there was never anything contemptuous offensive
in his bearing towards understood that Coes family
town. he had taken passage in the British packet
for himself and family, TO carry out his original purpose
there not being sufficient consideration cvty shown
to him, and he left, and went afterwards in sailing
hs WnsS
or somewhere abroad, having left the United States
about three months since; this fact accidentally
my self in New York when preparing to
sail lam not military man, Though once militia
had mutinied it would have his duty report to
General Urquiza. II, however, he had got within the
power Of Gen. Urquza, or the Argentine government
have no doubt he would have been shot traitor
Indeed, such the assurance Of Gen. Urquiza, ex
pressed to shortly afterwards From my intercourse
with the head Of the Argentine government and army
happened to know that they were exceedingly anxious
The queries from the court being concluded, Mr.
schenck made an application to postpone the crossex
animation, he had dispatches from Washington
curing his presence there and Mr. Crabb the counsel
would not occupy much time, and the testimony
went on.
In cross. examination, Mr. schenck stated that the
siege Of Buenos Ayres was raised about the 18th
18th Of July lido not know that Goes fagshp
powerful than the other vessels that went over should
heard, that recoect, Of the of Goes flagship
being unanimous in their determination not to fire
observe ladies' in the boats Of the jamestown, on one
occasion, at Rio. considered Capt. Downng's letter
ed explanation of his motives for leaving Ayre
Capt. Downing's conduct towards never indicated
it. Mr. Pendeton was decidedly Of the opinion that Gen
rquza was the proper national head Of the Argentine
Of secession or rebellion from the legitimate au
thority Mr.. Pendeton is OF ardent temperament
strongly and freely This gave him think the reputa
ton among the friends of the inside party Of being par
tzan Of urquza but it is due to Mr. Pendleton that
should state that concurred with him entirely in the
recognition Of the government of the Argentine Confede
ration, and Of Gen. Urquza as the legitimate head Of
that government We officially recognized him only
such, treaties with him. and these treaties have
been sanctioned and ratified by the President and Senate
Of the United States After Gen. Urquizas victory
Rosas, was not my understanding that he
| established a military despotism, bnt there was Z
much better than before In 1s52the people
of civil liberty than they did before under Rosas The
difficulty betweet Urquza and the Chambers took place
and * was nine months before the
in 1858, Of which I have been testhying. I do
not know Of any claims held BY Mr. Pendlston
be was interested, and in the case Of his success
would have derived large per centase would add
that any honest or intelligent man being there and
qusinted with the countrys condition would have
sdcred the of the national government under
reference to any personal interest in the question
never informed the accused Of any interview with
Saint Clair In that interview Mr. Pendeton certainly
used some oaths profane expressions, and was much
excited In denounciDg Saint Clair. thought II unne-
cessary to repeat them when tesfying TO that
the siege upon an understanding that was made with
the authorities OF the inside party through the media
and myself the British French and American ministers
called upon both parties to arbtrate between them
when the contingent forces of the confederation
withdrawn by Gen Urquza he and his suite Of officers
were afforded passage up the Uruguay river, to the
mouth Of the Gualquayahu, In the Water Witch; this
courtesy which ad vised Captain Page extend
TO him in pursuance Of the arrangement that had been
made II contributed to the success Of negotiations
Ss q
Captain Downing here said that tine jamestown sailed
the I'd Of July and that LIE knew that the siege to
Mr. schenck-we did not.
Captain Downing-But bad better authority.
Mr.. Schenck-I never knew or heard Of the accused
calling Of the foreign diplomatic representatives
at Buenos Ayres never told the accused tina. Sir
Charles Hotham declined dining at the same table with
him.
Question by the accused-Did you consider that II
tended to support the honor and dignity of your
tonal flag allow Sir Charles Hotham to express him
SELF he did concerning American naval officer in
command foreign station without yourself noticing
1t, or giving the accused opportunity to do sol
Answer-I did not notice 1t myself offensive for two
reasons-frs because Sir Charles made every proper
apology for yenturng to question to the guests
invited to our table, and expressed himself with much
Gecacy and proie Of respect to government
well TO ourselves personally; secondly, lecause
thought Sir Charles had too much apparently good
for the he pursued old not communicate it
to Captain Downing, because after having omitted him
the sen ior naval officer, from the liH Of invited
guests did not feel called upon to communicate any
exception TO him taken b. others have nothing TO add
70 my previous except that II had not thought
my just and proper should not have taken il
| preserved the silence did.
The examination Of Mr. scbenck here closed, AMI the
| court took
The court resumed business and examined Joseph
re Eayen Iasted dsipnan Of the s. Navy and acted
master Of the jamestown from the Sth OF February
1853 to the end Of the cruseI attached 10 the
Jamestowr under Capt 10 wing during part of her late
| cruife: know that Commodore Coe received
board by Capt Downing and understood through the
representations of officer sent board by Commo-
core Coe that he of the different ships compos-
Ing his command bad mutnied and made pressions OF
their determination 10 pass over TO the inside party
he Con modore Coe could not himself pass he had
sent officer on board 10 request Capt Downing to
ceve him on board the jamestown Capt Downing order