The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-04-11


punishment torture of an illegal kind |
having been Inflicted upon the accused immedi- |
ately after the date of the offense charged In |
the specification, as follows:--On the 9TH of |
December he was confined in double irons on |
the berth deck Of the Portsmouth, and on the |
same evening was made to stand by reel on |
the deck, and his hands being ironed behind
him were attached to an eye-bolt above and
kept up for sixty hours or thereabouts during
about twelve hours of which he was gagged.
He was so confined for ten days, with the ex-
ception of two periods of twenty-four hours
each, and claims, therefore, to have fully ex-
plated any effense he may have been charge
able with at that time. This plea was over
ruled.
The accused then pleaded not guilty to said
specification and to the second charge
To the specification of the third charge the
accused pleaded in bar as folows:-To the
specification of the third charge the accused
Pleads in bar of trial, that article 10 of the act
of July II, 1862, for the better government of
the navy empowers commanding officers of
vessels to inalct o certain kind and degree of
punishment upon officers and others under their
command.
This power having been exercised to the full
extent of the law by Commander A. A.
Semmes U. s. N, and IN addition to this, au-
thoriZed punishment torture of an Illegal kind
having been inflicted upon the accused imme-
diately after the date of the offense charged in
the specification, as follows:-On the 9TH of De-
cember, 1859, he was confined in double irons on
the berth deck of the Portsmouth, and on the
same evening was made to stand by O reel on the
deck, and his hands being ironed behind him.
were attached to an eye-bolt above and kept
up for sixty hours or thereabouts, during about
twelve hours of which he was gagged; he was so
confined for ten days. with the exception of two
periods of twenty-four hours each, and claims
therefore to have fully expiated any offense
he may have been chargeable with at that time.
This plea was overruled by the court. The ac-
cused thereupon pleaded not guilty to said spe-
cifcation and not guilty to the third charge.
Finding The court proceeded to consider of
its findings upon the charges and specifications
before 1t, and after full and mature considera-
tion of all the evidence, find in the case of Jo-
seph King, ordinary seaman, United States
Navy, as follows:-The second specification of
the first charge proved, and the court do ad-
Judge him guilty of the first charge in a less
degree than charged; that is, guilty of so much
as is contained in the following words: cor shall
treat with contempt his superior officer, shall
be disrespectful to him in language or deport-
ment whilst in the exercise of his Office"
The specification of second charge proved in
part, that is, of all the specification except the
words, "and did not desist therefrom until
brought to by a shot from a carbine striking
one of the oars of the boat" and the Court do
adjudge the accused guilty of the second charge.
The specification of the third charge proved and
the Court do adiudge the accused guilty of the
third charge.
Sentence And the Court do therefore seu-
tence the said Joseph King, ordinary seaman
United States navy, to be confined in double
irons till an opportunity offers of sending him
to the United States in United States vessel,
when he shall be sent; and during the passage
home he shall be confined in double irons, and
on his arrival in the United States he shall be
| confined in such prison or penitentiary as the
| Hon. Secretary of the Navy shall designate for
five years at hard labor, the time of confinement
| in the prison or penitentiary to count from the
| date of the sentence; to forfeit all the pay
| which may become due him., amounting to
$925'09 he being now in debt to the Govern
pnap to tho nf G21 Q1 wit tba
| tion of $25, to be paid to him on his discharge
! from confinement, and at the expiration of his
term of sentence to be dishonorably discharged
the naval service of the United States.
| Second. 1t is apparent from the record of pro-
ceedings in this case that Joseph King, the
accused, had before this trial been severely pun
ished for the offenses set forth in these charges
and specifications. The circumstances attending
| his confinement show that more was done than
merely holding him in custody to await the
| action of general court-martal. Whatever
| was extra to legal confinement was punishment,
| and though sufferings were inflicted which no
| sentence could lawfully impose, and which were
as illegal and cruel as they were unnecessary to
| his safe-keeping, the fact that the punishment
was illegal and cruel does not deprive him of his
| right to plead that punishment as expiation of
| his offense. .. ''
The Secretary will not here comment upon
the nature of the punishment as set forth in the
| pleas of the accused. This is under investiga-
tion and will be dealt with hereafter as circum-
stances may require Inc unulnS anu sentence
in this case disapproved and set aside for the
reason that the accused had been already pun
| ished.
Ordinary seaman Joseph King will, on receipt
| of this order be discharged from confinement
and restored to duty. ..
.. GEORGE NJ. robson,
Secretary of the Navy.
Iron-CIads for the West Indies.
As was expected, the United States steamer
| Frolic will not convoy the iron-clad Terror to
Key West and Havana, but the Mercury, COM
manded by Master William H. Brice, will leave
the Washington Navy Yard to-day for Norfolk,
| where she will join the Terror and accompany
her to Key West. The iron-clad Miantonomah
will leave the Boston Navy Yard in day or two
for Hampton Roads; from hence she will be
conveyed to Key West.
The Lighthouse Board.
circular has been issued from the Light.
house Board to officers in the lighthouse service.
! 1t provides that hereafter each vessel must be
supplied with a suitable bell for giving warning
to approaching vessels in foggy or thick weather
in addition to q fog horn to be blown at short
intervals during fogs and thick weather, and
steamers, when there is no steam for sounding
| the steam whistle as required by law.
All vessels in the lighthouse service are re-
ouired to conform strictly to the laws of Con-
eress in regard to the rule of the board fol
passing vessels and carrying lights while under
way and Mt anchor. Masters and others neglect
| ing their duties in this regard will subject them
| selves TO all the penalties of the law and to dis
missal from employment from the lighthouse
service.
from EUROPE.
This MOrnInR's Quotations.