The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-31
avN Court Martial IN Ae0t. Fleming.
OUR PHILADELPHIA COBB EST oNDUNCu.


OUR PHILADELPHIA C0RR EST oNDMCB.
PMApnrmA, Jan. -, 1857
me entire session OF the Court n rial to-day was o.
PED IN the examination Of the late Com msnder Rowan
BE testified - foows:-
Mr. Day was commanding Office on board when 70
turned from shorc on the 6h or MAJ other officer
o. deck ii The time; Mr.. Ah;aen and Mr. Day both saw
Lieut. Fleming drunk In my cabin the 9Th day OF Nay
10 take Lieutenant Femng ont Of my cabin ths occurred
b'tvcen the hours OF four and ak; oioer Of the
BIRD the watch from four % six, and from six % eight
when Lieutenant Fleming lett the cabin he Wa not sup
ported by Leusran, Day or any other person :, the
deck there five leule ants attached % the Baa
brge the onacsr. were ss,n out BY duty Mr. Fleming
the sick list the eth It'll and sh OF June 1885,
and Laeueranis Chapman snd Gwinn were suspended
Gross examination sye you not recently been tried
and convicted by court martial, upon the charge grow
ing out OF cicu between your sioers, and partcu
ary in the case OF Lieutenant Fleming, board the
brig Bsebrge In the Straits OF Magellan on the 9th OF
Q-ADd did you not threaten to have your revenge
ali the officers with sbom you mad difficulty srd say
chat you lad to Come down you would pull ali others
dom vito you-whsp, aud whereS Al never did
Q.-werc you sick or ndisposed during your command
OF the brig BaiDbrdgeS how many times, and what Of
feet had your sickness upon your minds Al decline
answering.
MIR. b esster thought thai by the answering OF the
question Captain Rowan could not crminate himself he
longer officer in the United States service and
wu arnepaee Its laws thu, he not obliged to
answer II be Captain Rossnl thought would expose
MIN TO pubic shame, odium or oooQuy. M Brewster
thought that such answer from Captain Rowan could
moi In any way crimnse him; that insanity was not BY
any crime and Dssted that the question should be
answered An fret Sickness WAS caused by fall and
che very improper treatment given me by Dr. Rudenseu
prosuatps win narcotics Also The second indispo
sition from sim course Of III treatment which, when
found operating TO my detrrnent physically and men
tally, on the tue thru day after being placed ON his
list which was the 10 h OF February, 1865, told him
positively and emphac.lly that would take OF
ME medicine. and having nesi him threaten that he
would be Cd IT he you'd cot give nae dose OF med
"a car Al
Jsnero' bad 81 my faruues when net under the In
fGsnce OF the narcotics sbioh the doctor UNINSURED
10 have said that my attack al Montevideo Was
attack Of sooplexy bO, never said that my minc WAS
affected by IT. pever,sn tna, my complaint OF apopexy
and the cotc aduineteret TO me had bewildered
mind; do not think plead this excuse for ny
behavior 10 the Off ers a. elicted IN the former trial
never offered to fgat DR. Rudenstein.
Capt Rowan here ana asked tia. the Court would
protect nj from irrelevant questions he had been
on bis trial snd hoped that be woald not again be ar
Mr. Brewtter ,sit he ~as 10th TO dsurb the peace Of
Capt Rowan, bu, he thought " du'y ne Owed 70 his
silent Tee object ssb3w thst ne had been animated
by fcelrf, Of hostiy sao that the witness had sap
posed reasons tor hosnrty towards those gentlemen
named In the question II he would answer that he did
challenge these gentlemen be would afterwards show
the disposition eviaceo by IN. witness
The Court then Oh AIRED to consider the question.
ON re opening the court the decision WIS announced
that the question shonl, be admitted
az one time that u hal given him any onence I
vas ready to give him satisfaction; don't recoilec;
ing thai wanted the hearts blood Of Jr RIDDEN
stein esked Lieut. Gwinn 10 witnnraw report he had
made 10 the Comm, dofe which was done In order that
shoud not mate report to the Commodore OF Lieu
tenant vim i'm proper conduct TO the l4th Of
Nay 10 the Straits OF Magellan and caused him 10 be
suspended from duty think asked him a, the hotel
Nontevideo; frst reported Lieutenant Fleming TO toe
Commander OF the Brazil squadron the 9th Of JAY,
1855; bad G conversation with the Commodore al
port Leutepsnt r verbally; may bare mentioned Lieu
tenapt F's name, with other ofcers no reports were
made BY me Of any ohers mine were al ave after
port Lieutenant after m,~ -tt1rn 10 Rio was that
while protesting friendship Tor me be Was doing every
thing 10 ipjure which Icorsidered very strange. af
ter be had accepted the sun Of s2s5. portion
OF which rum, 500 paid bill to which my attention
At Montevideo when he said the brig should not leave
her anchorage until long standing blu had been paid al
The Presisen, here ohecsed the witness and requested
him to oonne his answer to why he did not make tao
The wtness said be ,uppoee Lieut. to be friend OF
his did the report from thai cause stated
20 the Commodore a. - that -oud make separate re
ports OF Ulcers solne OF whom had already made
reports OF me; Mr. FleDAS had mate no repor OF me u
was the other Cheers sasd 10 tse Commodore July q,
1ste-wriien on the previous dsy-that bad delayed
my report because wished the combination 10 rpen;
sbe surgeon deck when tue brig went ashore in
nss, msrdsr faurr6sy Nav s. 1859 she went on ii ebS
eide In shore hr Fleming Mr. Day and Mr. Mitchell were
got OF al night between IL and IL o'c when made
witt 20 the Gov, rnor on the 18th OF Nay, Lieut. =
asked Tor permission 10 90 III me II VA, nos MS duty to
remain board In charge OF the brig; tins Goveruors
house was about Qusrfer or 9 ni,e from the shore;
walked up witn Lieut.. y. and DR.. Rudenstein Lieut.
was drunk when he went on shore; be staggered good
Question by the accused--If Lieu, Fleming uuder
Abe influence liquor when you Ont shore how Wa,
i! you made an Official wish 70 the GovWnor Of port with
drunken, staggering officer A did SO IL was mol
an Official visit ho-evei--e merely vent on saore aud
called at the Governors; be was not drum when we
ssrted-the effects developed tnenaselvts Afterwards
when be ien on the deck amer returning; took gs"
Ruiens,eu we're IN company, ana also drank
Q Why did you drink with staggering ofHcer' A. /
present, Lieut. Fleming did no, 70 to any Other place
while shore he walked down 10 the boat and ao,om'
panied the Governor and myself on board mink ho "a.
all this tme In my company but don't think be wall cd
with all; he did not precede me on board don't
know that he was helped over the side don't know
what became OF him aftr be fell on the deck except
from the reports made Z, by the ste ward when efl
bum on The deck be was on bis knees DID not suspend
exp~inr bis condition before the cre- was 800 muco
In the habit Of overlooking the faults OF my o1icers on
the sih CT June Lieut. Fleming do Dot leave my o.su
deck together and subsequeny dtscende1 INTO the ca
bin; Afterwards, pr. Rudens Elm and NJ. vim came
down, and the former Attempted 70 pacy my clerk Mr..
Gwipn told take my hand or Nc Feming's sno ul
GER Was quie mild, and begged them ths, there should
Mr. Brewster said that these we're all the questions the
accused had 10 at present The evidence then
read 10 the witness and the Court was ADORNED until
this morning.
PHrAprtrMk, jan. 20, 1857.
fine court martial In the cae OF Lieut. Fleming Assem-
pled 81 the Navy Ynd this morsns, st IL O'Clock The
nrsi witness called and George Counor, Ter
dinary sesmer, VINO testified % follows -
In regard 70 The nrs, specification can't say that he
ttaeut Eeming) drrnh on tnst day; saw him Ere
quently curing the day: think Mr.. Fempg was drunk
on the Gay o. the second speoiaaon he tn mbled over
OF ,be time the captains picked him up or the
deck; Vas on tns Ht 81 the time; saw him no more
after that In regard 70 the third specification can't say
thai lieut. FeaiBg ~ss drunk on tnai da,: / was on
uecs and say him down IN the cabin With Capt Rowan