The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-23

PHADEPHrA Jan. O., 1856.
Tho Court reassembed at II O'Clock this morning. ant
the record of the previous session being read by thu
Judge Advocate and approved, Mr.. Etheridge was re-
called and replied to questions put by the Judge Advocate
Is follows:-Thst far the conversations between
myself and Com. Rtche we're concerned have no re-
collection tina. he referred Captain Du Point
Der of the board referred to- further than the remar
that he had been treated badly by those persons WHOM
he had believed to be his friends that remark connecte
with nv previous knowledge Of the action of the board
in the Of Com. Rtehie would naturally have led m
to infer . .
The Judge Advocate here asked witness whether he di
infer that It Captain d. conduct as member OF tn
board which caused the difficulty
The counsel the accused DANES Cooper ESQ., her
objected to the Courts further because Tn
inference did not follow ut tho time 1t was Impossible To-
the witness it afterwards but the wtnes
was allowed to finish his answer -
Witness-I was led to infer from Conn., Ntchies con
versations that he had been treated badly by membe
of the board.
The counsel for the accused submitted paper contain
ing his objections 10 the answer which had Just beer
given by the Witness asking permssionto read It, Per
mission granted cy the Court and the counsel pro
teeded to read.
The following is synopsis OF the paper:-The Judg
Advocate proposes ask witness what inference he dre
from certain WORDS used by Commander Richie in
yersaon that had taken place them at the Nav
Department. to which an objection was made by the 90
cused the ground that it Is the province OF witnesses
to state facts circumstances and that OF the Court
draw such inferences might properly arise thererom
the accused admitted that there exceptions TO THU
their opinions and nerences in matters Of art or scenc
instance, surgeon might be called On to gtau
whether certain wounds which had been innie.ed Dy
person. his trial for murder the person Of
sufficient death; or where it was alleged
that the death caused by the administration drugs
q physician might be asked whether such drugs wers
Commander Richie contended that it was incompetent
for the witness do than state the conversation
which had taken place between them; that if he wa
permitted to 60 further and place his own construction
upon the words which Com. X. had uttered, ne Mgn
civ tn uor0a VIII
meaning the appearance OF gniie: 49,
That ignorant witness might very readily mistake
the import of language which he had heard, although
perfectly competent to state such language Accurately
and yet the admission Of an gnorant and Intelligent wit
by Courts From this the mptoprety OF the admission
of differences deductions by Witnesses is perfectly APP
parent.
The paper was considered by The Court in private
sion and the doors being reopened the accused
informed that his protest had been ordered to be included
in the record of the Court.
The evidence Of Mr.. Etherdge was read to him, and
being approved he relieved from further attendance
Captain Godsborough being sworn, deposed-that
within the time mentioned in the specification about the
9th of December last Captain Dupont wrote note to me-
at Annapolis where stioned requesting me to
to Washington where he wished myh counsel and
advice with regard to unpleasant affair, IN which Cap
tain Richie and himself were concerned. On reaching
Washington, Captain Dupont gave the details Of the
affair. After an interview between Captain D. and my.
and called upon him. for the purpose Of inducing him.
If possible, atone for the offensive remarks he had
made with reference TO Cap Dupont told capt Ne
the object of the interview and assured him ut the same
time that moved by friendly considerations to himself
well as Capt. Dupont enSeavored to reason witE
was well aware Of the immunity attached every officer
attached to the Board Courts Martial and that this
was the first time in the history OF our navy that
had known member being assailed. He
then said tina. he addressed the Capt.
Dupont a man. and not officer replied that,
under the OF the it impossible to
separate the two things He said he had used these
epithets and that he would not retract themhe would
lose his right his life rather than retrac what he
had said. told him that under circumstances could
personal difficulty grow out Of this aair-that even
Capt Dupont himself had any disposition to take that
turn his friends would not permit him to do Capt.
r. then observed that he would fight any Of Capt. Du
points friends.
The for the accused objected this and It was
withdrawn the witness stating that Capt. L. distinctly
asserted that he did not apply it to Capt Dupont
member Of the Retiring Board he repeated this several
times.
The witness stated that the conversation with Capt.
Richie continued for some time and my mission
suited in nothing Capt r. positively refusing to retract
the epithes he had applied to Capt Dupont distinctly
told Capt. 4. what the result would be. Ia
The examination in chief being closed IN reply ia
had been sought himself but he could not say that all
that he said was drawn out by my questions he vol
unteered much OF the Conversation himself He spoke
very leeingy and under excitement. but not ut all
oDgry. can narrate of the conversation vouu-
teered by the accused If desirable did commence tho
conversation with Captain Ritchie; think Captain R.
told mo that he desired to avoid seeing of brother
Ulcers, as it unpleasant for him to Them and
he had purposely avoided meeting them in Philadelphia
The Court also put questions to the witness who stat
ed:Captain Richie did not repeat to the epithets
made use of gave HIN encouragement to do 30; he
alluded to them frequently, ana admitted that he had
used them.
The crossexamnation being concluded the record Of
the evidence read to the Witness and being ap-
proved by him he was permitted to withdraw.
The Court then adjourned