The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-31


jenkins IN relation to the publicity of the report In aus
uon q Washington, together with bis answer b with
Drawn After consultation ths Court decided that ts
should not be Withdrawn
James Cooper, Esq, the for the scouse5 then
proceeded to rsad the defence very elaborate docu
| ment, requiring abeut two hours To read
The defence opens with sons remaks onon t,. t,r -.
nate act that under the deepest misfortune or upmseS
injustice, hops Always remains that under
or the eaohery OF pretended freas We ara en- ,hs, a.
bear up The dence then refers the fast that the AZ
cused retired from the service with no known char.
against him. Tho accused congatalates hinself 49,
some Of tie members Of the present vere thc -
temporsIes OF Decatur and other of coun.ry navs
heroes The accused stated his invention be perov
frank ard open IN bis remarks and no. to any
thing relating to the present charge and pa. ouisr
rs s S the ssss
The charge against ACCUSED was then read, and the
charge dsared understood BY accused. Tho het s,
that ia Warrington the accused said that be had used
such The snguarity Of the fact that the ohsgs
was not brought the original offence then
meated The fact that in law all the iners
clients of an offence charged against individual mast
referred TO- The two material ingredients which eassr
into this offence then taken up The rst that ks
was examined and the fact denied The accused dsnisS
that he ever publicly used the epithes charged but
under circumstances which could not be called pubAs
the time the accused does not deny that be az
offer the insult to Captain Bu ,ou The evidence OF Mr.
Ethericge Captain Godsbsro and Commander jenkins
then examined 10 sAsw that the accused was u.-
willing to speak Of the difficulty between himself ana
Captain Dupont and the nsult offered BY HIM Captain
B. In relation to Commander Jenkins testimony ths
accused showed the manner in which he pressed By
Commander J. TO say that he had nsulted Captain Da
toIted would bs regarded as evidence Of crimef It
room thai this confession I vas
The accused said that he did not repeat to COM
ssnasT "a. = (sho was the sgsns Of Captain Dupont
runners spoken Of a. flying about Warrington
% bp AaI VIII rhOaof fn
lbe publicity said the defence. amounts 70 the fact
in = in ae Ssvy sss m. hs, ns used
sona in the room-and that or two other
sns in the privacy Of bis room, he replied sYss,.
suited Cspt. Dupont The meaning Of the words g pub
ssss ana ,. Paosy were e. then defined tined and 4 ~:
to be public il ie had spoken it maciousIy The second
art OF the charge that the action Of the Retiring Board
was the preex! for the insults Capt D. stated
] be dSproved fy the evidences Of the witnesses theu-
selves, for accused hsd expressly stated (accord.
that Board not the Of it, The fact that Capt D.
cny Of fifteen and therefore could tAs
charge That there WAS any evidence that the acioa
OF the Board The pre.ex. earneatly denied ana
ing edent of The charge that the insult tended o,ag
on quarrel or duel, was then taken up. II
naslnuch u /. ioowsd the oemmisson of tho insuH.
and wss AIT Of IT, In relation to this affair tsnain
TO ceer enbes boar DIS similar to the Re rng beard
the defence sec 'ha, any member Of board that could
be deferred ny such means would be unworthy tho
beard then spoken Of Its secrecy was un -Amer-
can The sctoni Of the President Of tae United Stae
Congress and the courts Of the country all bow to pubHs
opinion in this respect bn we suppose that The
purity Of The Retiring Board immaculate that It
mony next taken up and both ths testimony vhloA
was a. mtted that winch was excluded, and the letter
placed on record ty Captain d. submitted to the
closest and meat searching examination.
Mr. Cooper then read an afidayis sworn 70 eefero
nnyHr Conrad q rad on the sh mt giving detail Of ,as
nupont and himself in Philadelphia; The affidavit stated
Dupont in the street in Philadelphia, and after cen
yeisirg yaions subjects they about parting,
when epcnent said to Captain DapOn. that he thought
spsiiy ,cr ce1nmsad, opponent nssnitioasd that
1riiies az 10 his moral character and in relAtioa
% his health Capt. Dupont iaughipgiy replied that
teperen need pay attention 70 such reports that
ct:er in the rayy has clearer sset. The next meet
ing occurred At the La Pierre House, when the CO.
ronent accidentally encountered him. Captain Du-
| pcnt approached with his hand extended, whsa
| the teponent refused TO meet his advances, and
asked whether be remembered his assurances Of his
prospects before the Retiring Board. Capt Dupoas
denied having made of them when strongly excited
and smArtng under the iudgnity put upon By tbs
and coward. Captain Dupont remarked that the depo
s1 9Th rsred list 1 hen ns the
that he had used all the abuse in his power advised him
10 go and tell the world The dsponent replied that the
world knew him already. The opponent acknowledge
that the word scoundrei not used that OCCASION
The defence then argues that the omission OF Captain
Dupont to mention in his letter the fact that the epithets
had been used and his failure TO deny their utterance
until before the Court accorded but little with the
y frsDkness usually the characteristic OF an ocer The
charge that the defendant had publicly reported having
applied the epithets Capt. Dupont strenuousJ
this In the interview % W with coni M jenkins. re afsss
several questions in relation to the matter in his
'Yes to the nterrogatory, and this the only in
stance in which The defendant had Acknowledges
ective giving neither time place foe the pubic
| dec aration said to have been made, specific
must fail
TIE defence proceeded with the declaration that the
had been discussed with perfect rankness and
dor on his side conceaDg nothing, and giving color
net warranted BY truth and with the that the
prosecution had failed to pove the charge he sf. ha
in their hands, confident in the hope that the de-
cision would be favorable He looked forward to that de-
cision With anxiety. He loved the service, and after
service OF forty yearsa portion OF which du ring i
days Of glory, when the of Decatur MoDonoush.
Hull and Perry ornamented its annas-he could not look
forward without emotion to the meret chance OF The
last tie that bound him being severed Although
moved from the chance Of active by the decssa
nd the future render his necessary he night
st be allowed to take part in battling for his com-
try. The present accu,etion was the only offence
that had been ever laid to hts charge during the
| whole Of his life. Careful OF his own honor
struck from his position through his own nAction, into
which he has been betrayed through the advice Of .
ieaeherous friend did he apply the ephets deserved
This done openly and as both of swords IN
appeal TO that was the natural expectation, and not to
ver,ed the utter nsucisncy Of The evidence to ss
sanate the charges and with firm trust the jususe ef
the Court would exclude the portions before decided 70
he inadmissible, he would await the decision With
| anxious confidence.
After concluding the reading Of the defence Mr.. Coop
the counsel remarked that he had not pleaded the
wnnt Of jurisdiction Of the Court, the constitutional
ground that the defendant not trial before his
peers he having been retired from the service By ths
Naval Beard while his judges all upon the retained
| list
The Judge Advocate stated that provision In the
had provided that the retired officers should still bs
amenabie to its rules and regulations.
After taken by the Court, the Judge Advocate
asked permission 70 have until tomorrow at IL ococx 10
prepare his reply 10 the argument OF the accused This
being unusual IN naval courts martial Commodore Mayo
cxpressed unwlingness TO 60 beyond former Precs
dtnts the permission asked for would warrant the 40
| cused u askng permission 70 respond.
The Court cleared for consultation, and on reas
s~mbline the accused informed that the pormsdo0
To reply given 10 the Judge Advocate and the
L A - awnin