New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-19
THE NATAL Court or INQUIRY.
TO INQUIRE INTO THE LOSS OF THE KEARsARGE
VOW A COI.ET- NJ ApTI Al.

TO INQUIRE INTO THE LOSS OF THE KEARSARGE
NOT A CorRT-MARTIAL~
The proposed court of inquiry into the matter of
the loss Of the Kearsarge has been misinterpreted
by some writers and many readers being. In
effect the same as a court-martial The court Is
ordered to convene the Navy Yard to inquire into
the cause Of the loss OF the Kearsarge. and Is not
in any rcnsc Il court TO express an opinion or to
determine upon the punishment Of any one. but Is
authorized by the Navy regulations In important
cases, whore the facts various and complicated
where there appears to be ground for suspect!ng
criminality. or whore crime has been committed or
where much blame has been incurred without any
certainty on whom It ought chiefly to fell. court
Of inquiry Is usually ordered. and affords the best
means OF collecting. sitting. and methodlzlng infor
nation for the purpose Of enabling the converting
authority to decide upon the necessity and eXped-
ency Of further judicial proceedings
In the matter Of the loss of the Kearsarge the
court Will call Cor the official report of the captain
containing The narrative OF the disaster. and this
report Is required be read in court in the pres
ence OF the captain and Of such of the surviving
officers and crew be assembled. After the
survivors have been sworn rs witnesses. questions
VIII be put TO each CT them, respectively, by the
court. follows To the captain. rs the nara
tive just read 10 the court true statement Of the
wreck of the United States late snip the Kear-
sarge" "Have you any complaint to make against
any of the surviving officers and crew Of the said
ship on that OCCASION To the surviving officers
and crew: Have you anything to object to in the
narrative Just read to the court. or anything to lay
to the charge of any officer with regard
TO the loss OF the United States late ship the Kear-
| sarge
The court will also investigate whether the proper
| chart used. whether the position OF the ship
had been accurately determined al the last observa-
tion will also call for the rough log book. the cap
tans night order book etc: Will determine whether
| the courses steerol the correct ones Will in
vestieate the manner in which the regulations were
| observed, and viii require from som" competent
| officer t. work up the reckoning Of the ship from
the data obtained from the navigating officer Of the
kearsarge. to enable the court to fix the true posi-
ton of the vessel at the time Of her taking the
| ground. The proceedings Of the court VIII be
promptly sent to the Navy Department. when. after
action theron by the reviewing authority they VIII
| be filed with the Judge Advocate General
As expression of opinion by member OF a
court Of inquiry might prejudice the case of an
excused party before subsequent cOurt-martial II
Is held - be highly Irregular, and for this reason
prohibited as II Is also considered breach Of dis
: cpline on the part OF any member To disclose OF
publish the proceedings opinion OF the court OF
tho individual members thereof without the sane
! ton Of the officer 20 whom the proceedings have
! been submitted. Whether the court shall be open
or not depends upon the instructions OF the conven
ing authority and IN the absence OF Instructions or
a decision by the court Itself.