The sun., 1894-01-28
LIEUT.. DAvENPORTS TRIAL,
FINDINGS or THE COURT OF HoNoR
CALLED AT MS REQUEST

NALbED 81 AAAS "A-SNA1NNs
III. Couauet Duri-E the Hurrienus st ss-
mos Approved, Except His Manner Of
Leaving the Nip-ie Arter she Had
strasded-L.ieut. Purcsn strongly Ces-
ssred by Secretary Herbert for BrineirE
charge. Befors the New York Tscst Ciub
wAsurNGToS. Jan. 27.-secrotary Herbertto-
day made public the findings Of the court OF
inquiry and his views thereon in the case OF
Lieut.. Richard q. Davenport u. =. N. who
asked for court OF honor" to pass upon his
conduct while acting as navigating officer OF
the United States steamer Ninsic when that
vessel was wrecked in the great Samoan hur-
ricane In March. 1873. Lieut., Davenport
asked for the court because thero had been
n great deal Of criticism OF his action In lesv-
ing the Nlpsic At the inquiry officers testi-
fed that he had set a bad example to the crew
in a time OF danger By stripping of his clothes
and jumping overheard and swimming to
shore
The court OF inquiry found no imputatlon
upon Lieut.. Davenports conduct prior to the
stranding Of the Nipsic. and that during that
time he performed his whole duty as navigator
In an eminently satisfactory and praiseworthy y
manner: that no fault can be found with his
conduct as an officer but, on the contrary.
that he behaved with coolness and courage
during the time the anchorage OF the Nipeic
was shliteu' ana tnet no oio NOT ninch "hen
peril was greatest
On the point as to the time and manner
when Lieut. Davenport left the ship. which In
volved serious imputations against him. the
court decides adversely. but finds number OF
circumstances which. 1t says. must bear very
strongly in mitigation OF his conduct. Some
OF these circumstances were that Lieut.. Dav-
suIoI. "ss III no pou,y 'ear, .na' 'ne oruet 70
abandon the ship had been given. and that the
oap'a,n , .es,lhea 'nat otI,cets and men were were
'0"'0 '"' ''p =" @"' Hsn"o' '"''
saw flt
oo,rt ",as,sa 81, az. n,,. ,.'", w.
.'.i- uxe'ner WIN tno eAeeilent conouct
OF the applicant up TO tho time OF the ships
| taking ground. must in the opinion OF the
court modi,v 70 n considerahla o,,sn, its .ds
verse opinion on tho question. which is really
opInion that tps snnI,csnt f,iIad IN hi. du,v a, a.
| ing an officer OF the navy. In this opinion the
court IA emphatic. 1t cannot swerve from the
broad principle on which the morale OF naval
show in Simself an a. example which his iaferi.
ors may emulate, and even In periods Of dire
served to tho @ Very p last. In abandoning % IN s ISe
chip the third senior officer on board should
be among the last to leave. In this
case the evidence is perfectly clear that the
applicant was the first to land from among oil
| those remalning on board after the cutter mad
been des patched with the sick. His duty was
clearly to remain by the side OF the Captain.
| and nothing could relieve him OF that obliga-
tion except the explicit command OF the Cap
| tain himself"
| The court also dismisses the imputatlons on
Iiout. Davenports conduct subsequent to his
| leaving the Npsic.
Secretary Herbert. In approving the pro-
reviews the circu m stances OF tho whole case
exhaustively, and sums up his views in the fol-
| lowing concluding paragraph:
| The department In OF opinion however,
that Lieut.. Davenport would have BET much
| contributed more to good order and military
| discipline IL he had not stripped himself as
| soon as he did. Further than this the depart
ment hnds no unDecoming conduct on the
membered that the concurrent testimony OF
| his superior officers. Rear Admiral Kim bery
| Commander Muan. and Lieut. Hawley, who
| were present at the time upon the spot and
us to know them now, is that they ind moth,
| ing whatever in his conduct to condemn"
| One interesting feature OF tho Davenport
case is that relating to tho refusal OF the New
| York Yacht Club to admit Lieut. Davenport ia
tained that his defeat was due to charges
against his conduct at Apia, preferred by some
| unknown person, he asked for the court oil
| honor" to investigate tho covert allegations
| The inquiry developed that Lieut. John l.
the hurricane. was the accuser and In his en-
| dorsement OF the findings Secretary Herber,
! reproves the latter for displaying malice
| against u brother officer.
| Lieut.. Purcell. says the Secretary. had
| become the accuser OF Lieut. Davenport In a