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

in fair weather somewhat deeper than their proportion
because of the fact that the consumption of coal viii
tighten her stern?
They often 60 to sea deeper than they wish the ship
to be- because the speed affected by depth OF draft
O. BY the Court-You say she could not safely 70 70
loaded 16 feet and inches by the head and IA feet
inches by the stern. Do mean that so loaded sue
would be so unsafe and unseaworthy hat a prudent
and reasonable person ought not to take passage on er
@ BY Major Wyse-Have you ever taken troops TO sea
in the Falcon and II so, when and whereY
A. Yes took 500 recruits from New York to Chagres
in December 1852 and regretted afterwards very much
that attemp it. found that had not had proper
appreciation Of my responsibilities as captain OF
the ship
The witness was here cross-examined-Q What was
the natter What caused the regren
A. The ship in bad order for carrying SO many
people and the recruits in dsorganized state, and
very undscillined.
@. Had she comfortable room for 2503
Q. Yes Room for $50.
Major Wyse here stated to the Court that he expected
two more witnesses, who were not in attendance.
The Judge Advocate then laid before the Court the fol-
lowing application to the Court the part of the
of the Falcon
UNITED STATES y Nh s Ta. G,GH,rsAsssr
Msr afE
sitting ~ Governors Island, for the trial Of Major
' sasddss e
either to Norfolk Washington and back best
the BE- snssrsinss would to
viii nsms his Monor Mayor
practical ship builder Mr.. William H. Web, MI Delano.
dsDt Of the Atlantic Insurance Company Mr. Moses Tay
or and other gentlemen whose the Court
ssss ssss; iss?
sss .p hid mot been By
aHss @ ana aso Of value stolen open
ELECTED ss By Major Wyss should lead to
irton to the company the O6ieers Of the ship.
NJ. O. ROBERTS, Agent.
After the reading Of the foregoing, the court closed
for the purpose Of taking it into consideration After
due celebration the Judge Advocate directed to
ply to it, and to that it incompatible with the
duties of the 10 make trial trip in the Falcon, and
that the evidence the part of the prosecution in
gard to her condition is closed.
The court was then opened Major Wysc said he had
peced offer further evidence but the expected witnesses
not in attendance He had wished to call Captain
Comstock OF the Baltic, of the Collins line of sea steam
to show the difference between the ships OF that line
and the Falcon in respect TO their construction. He
unwilling to detan the court longer but will close
the defence by recalling Major sprague single point
MAJOR sPRAGUE RECALLED.
Q. BY Major Wyse--What led to the conversation
which you had with Col Burke relating to the command
Of the detachment which sailed from California on the
18th Of April last?
A. was ordered to FIJI up the companies with recruits
Major Wyse absent; asked Col Burke who would
have the command; the order said 'the senior officer
my conversation with COL Burke was on that official
matter.
And here the evidence in the was closed by the
defence.
The counsel for the defence (r Andrews then asked
If he might appear counsel for Major Wyse the pre-
paraon and delivery Of the Defence whether he might
in written argument address the Court counsel
must speak in the and behalf of Major Wyse That
10 write for Major Wyse and in his would restrict
counsel in the OF topics he felt he had right to en-
ploy and might properly as counsel which he ought
| not TO use in the name of Major Wyse.
Major Wyse also applied to the Court to be allowed
until ten O'Clock Monday morning. to prepare writ
| ten defence.
The Court was then closed, and after some delbera-
ton, opened, when its decision announced as
1 follows
!. Not to depart from the uniform usage of Courts
Martial in the mode and form Of the Defence and that
they cannot comply with the application of counsel
Q That the Court grant the request Of the accused and
will adjourn till Monday at ten O'Clock, to receive
! written argument from Major Wyse.
The Court adjourned till Monday at ten O'Clock A.