The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-31

walked unsteady; Afterwards saw him the same eve
unsiesdBy: can't say whether be went into the ward
room or cabin after he came aboard; some time after
s:. him % Sp ,s from the S
cnoation know nothing about II, nothing about the row
in the cabin did not see Mr.. Fleming that day; was
Of the fourth speci6catoa; know nothing more about
the fth specification than that Of rumor; there WAS
ns Strait on sSs iS;a way ,ss0
Fleming came on board WAS light enough 10 see any.
thing; Was after supper; O'Clock II was dark when
Afterwards Lieut. Fleming coming up from the ward.
room; was standing on the gsugway; have not had
any conversation with Captain Rowan his son or steward
knew nothing about the court until Va. subpensed.
The court then cleared prior TO taking recess Of
fifteen minute s, and subsequently, adjourned.
PHILADELPHIA, Jan. 80, 1867.
The following evidence ranspred at the afternoon SEES
sion Of the court martial yesterday
John Tye late gunner's mate on the Baiubridge tes
fed that Mr.. Fleming was not drunk on the day men.
toned In the nrst specification.
As to the second specification saw Mr. Fleming In the
evening think he was drunk; saw him walk for ward
to the round house in the evening" and he staggered
did not see him when he came board
As TO the third specification l So Mr.. Fleming that
night thought M Fleming had Deen drinking freely,
but rot drunk had occasion 70 report the battery
10 him. and from the appearance Of his eyes thought he
had been drinking; the report was made In the ward
room he answered in the usual manner, VERY WE'LL"
In relation TO the fourth specification he knew nothing
The counsel the accused asked the witness no ques
tons
Thomas English late Qusrtermaster board the BAu-
bridge, VAS called BY the Court and sworn-As TO tae
first specification saw Lieut. Fleming that day; he was
not drunk As 10 the second specification, saw NJ.
saw him coming over the gangw.y, ne fell, but did
consder he fell from Drunkenness there was no lad
der there and he slipped from the gum he was unstesdy
when he walked; he was picked up BY the Captains
ARD, think certain there was no ladder saw
him Afterwards passing 10 the round house and thought
he was drunk; cont recolect who va, lscr OF the
deck nor any off GERS deck after he came
went down to the ardfoom about halt An hour.
IL may have been more; after this he went aft to the
The wl,n,.s nothing of the third, fourth and aah
specifications.
was drunk when went shore; he did not Sit steady
In the boat; when he came board thought ne was
somewhat drunser than when lie went on shore.
Letensnt Mitchell recalled BY the Court-On the 10th
Of May, 1855 both In the wardroom and on deck
during Mat cay at shutdown or lev hours iterwards
the best Of my recollection, Lieutenant Fleming WAS
under the Influence OF Intoxicating drinks during
that day; It Vas o very small vessel, and We were con-
esnty together In The wa:drsom or on the quarter deck
don't think deck when the Governor came on
board on the 9TH day OF June, wben was of1oer OF
the deck Commander kowan came on deck; asked me to
get Mr. Fleming como out OF the csoin and declined
Dong go cid mention his heiog asleep drunk at
the time; he assgned no reason for wanting him OUT
looked down the cabin through window, and saw Lieut.
Fleming and CAPTAIN Rowan sitting on the sofa taking
this after Captain Rowan bad been on deck; only
locked down the cabin once did not see Lieutenant
Fleming Any nIoYe that night consequently don't know
how long he remained in the CABIN; l went below
ard went 10 sleep after the dog watch went
es IN he n,, place mas n az ;, Va n ., p,cs o
idid ROT thiIk was The proper person TO get Lieut.
Fleming OF The cabin the reasons that did not
obey the order OF Com Rowan told him 20 at the time,
said be {Ckpt ROWAN the proper person TO get
Lieut. Fleming out OF the cabin, II be wanted TO do so
reoole,t ,aw Lieut. Fleming either deck in the
ward Toom N both pas, on the evening he returned
from the vis, 20 the Governor; did Lot consider him
under the influence OF liquor to the best OF my recoiec
ton.
Questioned by ;be accused--on the 9th OF June did
not look dow N toe Lach Lieut.. Fleming drunk
Leu Fleming On that day when he went into the
cabin be wG rot dunk then; don't recoiiect there
Was any cros .eA on the 10th OF May; vas an open
roadztsad, and rarely ever smooth; Was not In
cabin the day Of the 70 called not saw In there
by looking down the hatch at that time did not con-
slider Lieut. Fleming drunk; thought the captains son
1.-The clerk was drunk: scque,ced IN the request 10
have Lieut. FlemiIg go And remonsra,s with tho cap
tain; Fleming was not drunk atthAt time Lieut. CnsP
mau told me that Captain Rowan wanted him 10 act -
friend q proposed ouel with and he declined 20
doing the groupd OF the complaint OF Capt Rowan con
s,cored declining 10 take glass Of g'n with him In
To tie Cosr.--I Was sufficiently wnon looked
down II e haleh TO scruonize Who "a, drunk
The following IA the testimony elected to day
James Rot Jr, sworn:ln regard TO the nrst spec
Aosop Lieut. Fleming was drunk ON the evening OF that
day: be down the cabin before ten O'Clock and
poiced he pss quite drunk thought be was
oErnk was because lie staggered; he made remark 70
Capt Rowan in very excited manner nc came down 70
fud .arlt With CAPT Rowan In consulting Lieut. Mitchell
on point daty in regard " the second spech alien,
did Mr. Fleming unt be returned 10 the ship
hat evening and fell down; was In the cabin when he
camo down ard iolo Capt Rowan tbs, he going
The doctor wanted to 20 with him thought
he had been drinking but was Lot drunk AS 10 the
third specific alton present on the day when Lieut.
Fleming down into the CABIN and requested tie
English captain TO leave tho cabin Mr.. Fleming was
drunk hat day: ] thought 20 because he staggered
against lac barometer and knocked down; he accused
OF beng drunk. In regard 10 the fourth spscihca
ton cid 10, see Nr. Fleming Until the evening OF thai
lay; WAS present when Lieut. Fening came down into
III CABIN and challenged The captain; The challenge
OF LesL Fleming verbal that Of the acceptance OF
sseep,snse. Lieut., Fleming told Capt Rowan that he
mual nsht him; u DO did not no would prefer charges
sganst him or his behavior on the Ath Of juno trhe
witness here related hN reasons for supposng that L.
Femng was DRINK, arising from an expose OF hs per
son pr. Fleming was very drunk that night; 90 much
90 that in attempting 10 get up the ladder mel oscx ne
then hft tie cabin for the L'ebt
Question By the Cour,--Nr. r:eming vm In The cabin
sbou. two hours tie fell asleep, Az CAPT Rowan called
Mr.. lay TO witness the condition be ~ss In; l 90 no!
reoolec, Whether Mr. Day officer OF thu dock thai
tine lot; think Mr.. Mitchell wa the oficef OF the
deck
Gross sxamlnanoa-Toe vessel vas on shore on the
slh Of May on the sih OF May, when Lieut. Fleming
Lts the cabin the ship Was laying on her bige no
the cabin when be Lieut. Fleming) down 70 70
monstra,e wi Capt Rowan upon point oil duty % y
Lieut. Fleming when they were hsulst the brig on
be appeared Ut that time TO be very much under
the influence Of liquor be was try ng 70 attend 10 nv
duty that time well AZ he could under The drcum-
several ZINES rbre tney were trying get the brig Of.
Lieut.. Vim. 9sipn, recalee-1 saw the acceptance 81
the CT ailepfe from Capt Rowan 70 Lieut. Fleming isv
n ir Lieut. Jennings bands: he could NOT have been
drunk the day Of the fret specification without my
knowing IT. ,sW him up 70 eight O'Clock on thai even
ing raw bins on the morning OF the second spoco aton
snd be was not drurk q, Time him ssrwArds
be returned nom al the shore on that day, and had
few moments Conversation sltn him ne was not drum 81
re the day Of third specification before the riot and