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

answering to their names the record Of the pro-
ceedngs the first day read The Judge Advocate
then proceeded to examine Lieut. Lucien Loeser of the
Third Artillery witness for the prosecution, who be
ng duly sworn, testified as follows
TESTIMONY OF LIEUT. LoEsER
DIRECT EXAMINATION.
Judge hour of the day Of the 18th OF
the detachment for California;
Lieut.. Loeser-About ten in the morning
Q Where was ts A. At shis post
Q. Hoxs A. BY written order.
O. Is that copy of its Showing the witness copy
of the document published in yesterdays HERAIp) A.
O is dated at Tx A. NJ; you say about 1o--which
is ghts A. presume the order is right it was about
that time yesterday.
O what time DID the ship sanS A. About O'Clock
from the wharf foot Of Warren street city New
York on the North river.
Q How were they taken 10 herr A. The two companies
at this post taken from here in small steamer
alongside Of the Falcon the other two board
when saw them they came from Bedoe's Island
@ What instructions did Major Wyse deliver to you
an regard the command which he renqushed to your
A The letter have just the only instructions
he gave at that time in regard the Instructions.
O What instructions had you from him at the time
or before the Falcon sailed in regard to the destination
Of the troopsf A. had instructions regard the
destination.
@ Did you know Of the matter in this letter dated the
10th April did you know otherwise Of the orders Of
hc government OF the Gunerain-Chief in regard to
The destination Of the companiesY (ere the Judge Ad
in the report of the Grs days proceedings and tae
special from the headq of the army No ST.
sherein referred TO- which have also published) A.
OF special order No 81 knew that companies and II
to 60 by the Plains, and companies d, G, and
to 60 on the 2olh, by way of Panama; never
the ORDER had not the letter of the 10th OF April
and dill not know the ma tiers stated in ii.
Q when you sailed had Major wyse instructed you,
did you otherwise know, that companies and and
and were destined stated in paragraph four,
special order No o. the first two to San Diego and the
companies to stop at san Diego, and go
Bencia--i did not know which.
q Did you know Of the instructions Ia the letter OF
the 10th of April in respect TO the march of the troops
across the ls,hmusS A. No. sir
@ How and where was the letter Of Major Wyse,
inquishng 10 you the command Of the detachment de-
hvered 10 your A. By Major Wyse himself, here, at
this post ut the wharf, just before going board the
small steamer which TO take the detachment to the
Falcon.
CROSS EXAMINATION ny MAJOR WISE
Q. Did Major wyse give you order or about the
l4th OF April 1854 in reference preparing the men
for the march the lsthmus, &c9 DID that
order embody the substance of this letter Of the 10th
April 1854, except the first and last paragraphs A.
Yes y was a written order have not got it, and
not able to produce it.
Major Wyse stated to the Court that he had copy
when the Court allowed the witness to state the sub
stance OF the order received by him from Major Wyse
and which follows
One part of the order directed the detachment to be
drilled here at this post in full marching order another
part directed each company of the four composing the
command that is say, the two here, and the
Bedloes Island to be divided into four squads according
the regulations and list of the squads furnished
Major another part directed all clothing wanted
on tbs voyage TO California y be turned into the
masters department; another part directed all hav-
ing Less than six months to serve to be transferred
the general service; that is the whole of the order
near rs can rccolect this about the l4th il was
four or five days before sailed the date of the order
think, was the day troops paid OF here;
think Friday the ish, the day after Major WISE re
turned from leave of a,sence.
O. Did that order also state that these pre- paratons
made with reference to the march across the 18th
mus, &e.s A. Not that remember; am not positive;
considered carefully only the Part that related 10 me
don't know that it stated the object; Mr. Van
me- the second day we on, from this por; our
voyage that he had copies of the relating the
movement In the company book Of Major Wyse's COM
pany, and provided ne copies.
Question by the Court-who Adjutant TO the de-
fachmenty A. Charles Is. Ninier
Question by the Court--Was the order OF tho 18th
April you speak signed by iIr winder Major WISE
A. By Major Wyse; would like to correct what said
about the time Of my conversation with Mr. Van Voast
wyse's company book, think Mr. Van Voast told me
this on the Falcon before she left the wharf.
Question by Major Wyse-was Adutant C. s winder
living at this post at Bedloes Islands A. Bsdoes
Question by Major w,se--no you remember whether
not Lieut. Van voast stated that he requested by
Major wyse to give you copies Of said ordersf A. do
major wyse then asked the Court to take short
cess of Eve or ten minutes TO enable him to arrange the
the time expired thc Court proceeded with the easel
TESTIMONY FOR TIE pEFENCE.
Lieut. Loeser called Tor the defence, examined By
Questionable you inspect tie steamer Falcon while
lying at the foot of Warren street. before gon TO In
her with the detachment composed OF com aaies D. G.
and ~ Answer did, under an order from Major
Wyse.
o Was she in fit state TO take those troops to Aspin
wall ins A. Not in my opinion, without being first
proved by n trial trp; 1 thought that necessary.
@ Describe her condition in all respects. A. There
were several engineers there they said she had under
gone repairs of course could evidence of it. bat
from that TACT, or their statement of it, thought she
ought TO have trial trip; her engine appeared nasy
dirty and abe appeared dirty throughout the whole ship
her general appearance bad the paint many
OF her was still green and very offensive and you could
not touch the fresh paint without getting il you the
engineer the person who seemed to be the engineer
charge of the engine appeared unable TO ques.
tons and give information about the machinery from
fact that he had not been said that he he not been
on the boat before.
q You have stated that you examined the Falcon
What is your conclusion to her being seaworthy at
the time OF the examination. A. Ny opinion Is that
she was not seaworthy without full trial; /
mean that thought she seaworthy; and would
not have been satisfied of the contrary without full
trial OF her at sea, showing that she was
Describe the conduct Of the steamer after you
sailed until she put into Norfolk After We left New
York she went along very slowly until some time In the
first night when she was stopped for some repairs;
the neat day her trim changed was thought abe
was too much by the head but she the
change during the day examined her working and she
hardly able to work her engine With all tie steam
she could get on, at least the engineer said; she
went along very slowly until eight O'Clock Friday
morning. when the engine again stopped for three or
four hours for repairs, after which she did better
Of the United States seeing that could &c, along
we anchored In Hampton Roads Sunday morning, the
23d; We left the port Tuesday the 18th.
O. What weather had you from here 10 NorfolkS A. We
had good weather all the time one day after turnei
Tor port we had sta breeze but u was from behind
ana helped us along we could nc. have gone at all
against That wind.
% What the speed o. the vessel from day 10 day
TIL you reached Norionf A. / did not keep record,
but the last twenty -four hours before we changed her
course for Norfolk We made sixty miles the next day
after we turned with fair wind, all sails set smooth
and the engine at her utternost speed We made O
miles In twenty four hours
O. Did you call board Of officers az sea anil what vas
their report A. icaied board here i copy OF
their report
This report read 8 follows
Marked A
PRocrEpISGs or MrrrfNe OyrfcERs DxrAcu.
MENr or THE TiuRp REGIMENT oY ARTILLERY, ruv
Y STEAMER FALCON, sssEaHLrD ny YIRTer THE
FOLLOWING ORDERS
STEAMER FALCON, al sea-
April 81. lss4-i0 O'Clock A NJ. (
Onprns No 2-1he officers Of this command will assem-.
BILE Immediately consult advise on what course is
best 70 be pursued IN the present crippled Of
engines OF the transport in order that the
ohcer advise with the captain thereof - TIE best
course 70 take for tho safety Of the Command Ii.ut L.
Wnder viii record tho proceedings Of the meeting.
(Signtd TrCIEN IOrSRR
First Lieut., Sd ARTILLERY comma a;nr