The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-28

prepared with much by Capt Rich the counsel. Tho
following Is an abstract Of the Argument
regard 70 the first specification, the accused refers
drink any liquor the day he u charged with being
drunk to attend his duties The only witness who tos
tiles directly TO this Lieutenant Nitchsl whose mind
was prudced by having had an with his com
mander point that the experience OF IA old ofoer
prompted him 70 disagree with the modern lights Of the
younger and less experienced sailor The testimony
OF the other witresses was coutended, did not prove
him drunk, and their motives were treated with much
severity, particularly Meesrs Fem ng vim and Chap
man the latter being habtuatsd to .clo.hing himself
With curses as with garment J."
1be second specification, In relation to he riot on
board the BaipbrdRe, disposed oil by the argument
with the assertion that II occasioned BY some OF the
officers who them got drunk on the bad liquor re-
ferred to In the testimony and then blamed 1t on the
Captain. Al to his son. the clerk he made apo
osise TO Lieutenant Fleming, who accepted Is In con-
neson this specification the argument particularly
requested the attention Of the court to the ac that there
two persons who bore the name OF Ro van, and
urged that the record dvesed Of all that related
tmony falls TO the ground not being pertinent to the
charges against the accused, II certainly the duty
SON and in the very eudeavor to do 30 thai the com
menced; butt was fostered and carried on, az the &C
oused believes, by the other officers either wilfuly
nom OF excitement that rendered them reckless OF
the consequences The ACCUSED refers 70 hts son with
regret bus is impossible for him otherwise 10 explain
ourd Of the court, ans giving publicity to through
the reports Of the trial in the public press. Lieu
tenant Fleming say 3 IN answer 70 question: tnst NJ
q madmsn than o reasonable being' such unfortunate
y is the case, and though hts conduct when under
excitement both cecoros and proper Yet the smallest
excitement fom liquor renders him actually insane and
perfectly uncomfortable
The third specification, II argued, rested on he
evidence Of DIR. Rudepsein, and 1t denied that the
accused had no provocaon to defend himself from DR..
r, who had been treacherous TO him The evidence
bearing this point reviewed to Prove that he
not under the b1ueDce OF liquor.
The fourth nh specifications charging the accused
with two attacks Of potu, only be sustained
". Rudenoten'e
ed the Doctor that he fearful OF second attack of
apopleay having previously bad one IN New YORK And
ged with chorotorm, morphine, black drop and o.nor
narcotics and Dr. T. testes tina, latter awhile the com
circumstances thai he woke again Various medi
ca authorities were cited TO ahow that the effects OF NOR
ihkt the accused was iaboring under mania a potu
In regard TO the sxh and very grave specification OF
being enga1ed In disgraceul riot with his son al the
American HOTEL In Rio the testimony OF Purser LOCKER
was reviewed with mnuteness. Toe charge denied,
and an attempt made to prove that it could not have
taken Place The Argument again referred TO the violent
conduct OF his when under the influence Of lq aor,
and inerre that the idea that II beating his
father had arisen in the mind OF Mr. LOCKER, proba
bly, others thought else has testified in relation TO
IT, The accused asserts most soenny that such not
the fact In endeavorDg 10 restrain him he has been
counsel could have told you he had him when Il
took three matter him. and that with much Diff
pleasant theme trusting that the little se said viii
afford key TO all or greater part OF the testimony Of
Tered upon that point
The seventh and last specification (sepdng chaeaZe)
not denied but defended on the ground tnat the &C
cused could not sneak away from insult aud from among
those with whom ne had associated for thirty years
like whipped dog. His defended by referer
to simar acts by naval and military cheers in the
pas; history Of the country.
The following is an abstract OF the closing portion OF
the defence The accued had arrived step higher In
h profession after beng thirty three years In toe yer
vice. and never having ben reported for Aught against
his character professionally morally, and the future,
which promised fairly, the cruise nearly ended with
ban full OF ,rals and suffering which he had endea
vored and determined TO terminate by making 10 COM
psn, by thro wing sne s o. silence ov or the sal. Of
von all reports thai had existed snce this vessel had
been In commission.
The position ne now placed In 10 owing TO his having
suspended Lieutenant Gwn and subseq uenty Lieutenant
Chapman which enlisted the en- nifty OF their messmse
against him, ard caused the making OF the different
eports sRains, him. All the commanders he has
been associated WITH approve OF his Conduct with
whore command be succeeded TO until relieved by
Captain Ccnover, bis acts were all approved by tho late
Com kssan, and the Court knew him by reputation and
a them have been associated WITH hi on duty,
aid all aware OF his character In the service.
Wherever be has been known, his character has been
never Known TO eIis against him This is the rst time
he has been arrsisued before court martial and after
and faithful service TO bis country he to the
Couft-not to his epaulees from his shoulders
break bis sword, saying you bave disgraoed them aud
net nt TO associate with that noble band OF officers,
composing navy" BE leaves his case In your hands,
uusIDs that wnen weighed In the balance OF justice, he
will not DO found wanting In those traits which should be
hs esarseerno o. iSs Gentleman ,s ana olnser ~ ~,
vaie When The record Is completed BY the decision Of
toe Court, will be transmitted 10 Washington for con
Ermaton, before beng promulgated.
SENTENCE OF THE COURT MARTIAL on COMMANDER
ROWAN.
PHuApuPnA, JAP. q, 1857.
The sentence Of the Court Martial In the Of Com
mander Rowan has been approved By the Navy Depart
meni, ard Rowan has been officially notasd that he Is
cashiered
NAVAL COURT MARTIAL OK LIEUTENANT FLEMING
PArtAptiPits, jan, Il, 1897
On the 70 assembling OF the court martial this morn
ing Benjamin H. Brewster and g. p Bsbcock, Esqrs, up
peared ~ counsel Tor the ,coused Lieutenant ca
Fleming The charge and specifications were read, u
follows
CHARGE AND sPxc1TrcAnoN o. CHARGE TrEEVssD nv
sxCpErARY TIfr NAVY AGAINST CHAxIx, q FLEMING, A
IDrIrsAN1 sAyY OF srAfss.
Chsrge-scandalous conduct tending TO the destruction
Specification l. 10 this tina, on or abon, the s,h day OF
May, 1860, the said Charles Fleming, then being
acbed 10 the United States ship cambridge, drunk
board TIE said ship In the straits OF Magellan
Specification 2 In this, that the said Charles Flsm.
ting was drunk on board the said ship cambridge
sbou, the ltth day OF May, 1855.
Specification s-is that Lieutenant v vas drunk on
board the said brig on or abou, The 4h day Of June,
spec scstiou 4th-Is that Lieut.. " vas drunk on the
Banbrcse Of about the tn day Of June 1856.
Specification 9th In tbs that on or about The 9th day
OF June 1855, board the sad ship at sea, the said
lieut. Charles Fleming, challenged his commanding
theer. James A. Rowan, to light Q duel.
J. G. DOBBiN, Secretary Of the Navy.
NAVY DEPARTMENT, Jan. Il, 1857.
The sri witness called was Lieut. VIM. Mitchell. He
eshes substance that he board The brig 81 the
time named In the nra specification; Lieut. r. Was not
drunk during the day, 10 his knowledge there
liquor on board belonging 10 the ward room he did
remember seeing Lieut.. y the day names In tho se.
cond SPECIFICATION; witness on board, he thought oil
t1d day.
In regard 70 the third specification Lieut. " not
drunk during Gay, bot between eleven twelve
that night witness thought Lieut. r. had BEEN drinking
more than usual be did not consider him drunk; Lieut.
Was not drunk the Th OF June. In regard 10 the
9TH specification the witness knows nothing
Question by the Court-wn Lieut.. Fleming under the
Influence 81 spurious liquors the night Of the 9th day
Of June, and was he incapable OF performing dutyS
This question objected 70 by Mr.. Brewster that
II was irrelevant. The specification charges accused