withdraws them, and submits the witness to cross examination by the accused.'

Commander Stribling is recalled for cross examination, and is crossexamined by the accused, as follows:

Question 1.-Examine the notes now put into your hands, and say whether they are the original communications handed by you to Commodore Jones in October, 1848? If yea, by whose hands did you receive them?

Answer. They are the same papers which I identified in my evidence yesterday, being the two notes of Lieutenant Craven, which I delivered to Commodore Jones-one addressed to the commodore, and the other to myself. I do not remember by whose hands I received them.

Question 2. Can you say positively what day of the month or week you received Lieutenant Craven's second letter of the 19th of October, addressed to Commodore Jones, accompanied by Lieutenant Craven's note of the 21st of the same month to you?

Answer. I cannot.

Question 3.-Are you positive that it was not Monday, the 23d of October, after the officers who asssembled that day on board the Ohio to form a court-martial had dispersed, that you first laid Lieutenant Craven's communications of the 19th and 21st of October before Commodore Jones? Answer. I do not recollect what day of the month Monday was. I cannot be positive whether it was before or after the day of the courtmartial that I laid these papers before the commodore. Immediately after the reception of the note addressed to me by Lieutenant Craven, I carried them both to the commodore.

Question 4.-When you handed to Commodore Jones, in the cabin of the Ohio, the two letters from Lieutenant T. A. M. Craven, did not Commodore Jones express much surprise, and, after reading the letter, ejaculate, "Is it possible Lieutenant Craven may not have received my letter of explanation? If he had, he certainly would not persist in opposition to my lawful orders. Have you received any acknowledgment from either of the three lieutenants to whom my communication was addressed of the receipt of it?"

Answer. I do not recollect the language he used; but he appeared to be very much surprised. I do not recollect his asking me whether I had received any acknowledgment of the kind specified.

Question 5.-Did you not immediately thereafter leave the cabin, at Commodore Jones's suggestion, to satisfy yourself that the confidential communication had been received by those to whom it was addressed? Answer. Yes; and I did ascertain, to the best of my recollection, from Lieutenant Green, that it had been read by him; and Mr. Green told me he had shown it to Mr. Marchand, and sent it to Mr. Craven. Question 6.-Please state, with as much precision as you can, passed between you and Commodore Jones, in the cabin of the Ohio, when you made your first verbal communication to him of the three lieutenants' remonstrance against special order No. 2.

what

Answer. I cannot, at this time, so long after the occurrence, pretend to recollect one single expression used in that conversation, though I am satisfied that a conversation did take place between us.

Question 7.-Do you not know that Commodore Jones's confidential

explanatory communication, addressed to Lieutenants Jos. F. Green, J. B. Marchand, and T. A. M. Craven, was prepared and handed to you for delivery to those lieutenants as soon after you informed Commodore Jones of the lieutenants' dissatisfaction with special order No. 2 as the nature and length of the communication would allow? Was or was not Commodore Jones very anxious to get that explanation sent as soon as possible, in the hope and belief that it would remove all objections to special order No. 2?

Answer. I think it was despatched as soon as it could be, and that the purport and intention of it was to do away with all objection in the minds of those officers to that special order.

Question 8.--How long did you retain the confidential communication referred to, after you received it from Commodore Jones, before you delivered it to Lieutenant Green?

Answer. I cannot say. I presume I did not retain it any longer than I could hand it to Mr. Green; but I have no recollection about it.

Question 9.-State, with as much precision as you can, the day and hour you delivered the said communication to Lieutenant Jos. F. Green, on board the Ohio.

Answer.

or hour.

I do not recollect the day of the week, or day of the month,

Question 10,-Did not Commodore Jones deliver to you, with his own. hands, the aforesaid explanatory letter or confidential communication, with more than usual injunctions to see it promptly delivered to one of the officers to whom it was addressed?

Answer.-I think he did.

Question 11.-If any, what verbal modification of special order No. 2 did Commodore Jones authorize you to promulgate between the 19th and 21st of October, 1848?

Answer. I do not recollect whether he did authorize any, or, if he did, what it was.

Question 12.-Was there a sufficient number of lieutenants on board the several vessels of the Pacific squadron assembled at Monterey in October, 1848, to carry on the necessary surveys, to stow and look after the great amount of public property we found in an insecure, wasting, and perishing condition on shore at Monterey, to serve as members of a general court martial ordered to convene, to carry on the current duty on board ship, and at the same time to allow regular days' liberty to the watch-officers of the squadron?

Answer.-In my judgment, there was not.

Question 13.-Was there a large accumulation of navy stores of all descriptions in and around the custom-house, and in the yards of some private buildings in the vicinity of the custom house at Monterey, in a very exposed and perishing condition, when the squadron arrived there in October, 1848?

Question 14.-Did it not require a marine guard on shore, to guard and watch over the seamen employed on shore; and did it not require extra sea-officers, to assist the marine officers in charge of the guard to prevent his guard from deserting?

Answer. In my opinion, it did.

Question 15.-Was the insufficiency of midshipmen for boat duty, for duty on shore with working parties, and for guarding and watching stores

on shore at night, ever complained of in your conversations with Commodore Jones while the squadron lay at Monterey, in October, 1848? Answer. It was a subject of general complaint, and I think it was made use of at that time as well as others.

Question 16.-Did Lieutenant Craven, at any time between the 20th and 23d day of October, 1848, signify to you his satisfaction with, or acquiescence in, the explanations to special order No. 2 contained in Commodore Jones's confidential communication of the 20th of October, addressed to Lieutenants Green, Marchand, and Craven? If yea, state where and when, to the nearest hour.

Answer. I have no recollection of any such interview.

Question 17.-Did Lieutenants Green, Marchand, and Craven, or either of them, ever make any written acknowledgment of the receipt of Commodore Jones's confidential explanatory address of the 20th of October, 1848, to them directed?

Answer. I do not think they did.

Question 18.-Did you assign to Commodore Jones, as a reason sufficient for pretermitting days liberty, that both midshipmen and lieutenants. of the Ohio often returned on board in the evening so much fatigued by the day spent in hunting and shooting, as to render them unfit to keep vigilant watch at night?

Answer.-I think I did. The officers, when ashore on liberty, were generally in the habit of spending the day hunting on foot, and returned in the evening worn out with the fatigue of the day.

Question 19.-What effect was produced in the squadron while lying at La Paz, Lower California, in July and August, 1848, when the Southampton and Warren arrived with confirmation of the discovery of rich gold mines in Upper California, and of the distraction produced thereby in Upper California?

Answer. It produced a very great state of excitement. The subject of gold, the abundance and ease with which it was discovered, was the theme of constant conversation amongst all classes, officers and men, so far as came under my observation. Projects were formed for buying or chartering a vessel or vessels, to send to the coast of Mexico, to load with such articles as were required in California.

The accused states that he has no further cross-examination to give to the witness at this time.

Examined by the judge advocate.

Question 1.-Please to state who are the persons referred to in your last answer as having formed a project or projects of the kind therein described.

Answer. I recollect the name of but one individual, though I am sure it was talked of amongst all. I refer to Lieutenant Beale.

Question 2.-Do you mean to be understood as saying that all the officers of the squadron, at the time referred to, in your answer to crossquestion 19, seriously entertained and discussed a project of the kind referred to in that answer?

Answer.-Certainly not.

Question 3.-Please to explain, then, what your meaning is, and be as precise as you can as to the times, places, and persons you refer to?

Answer. My meaning is, that it was discussed like any other matter for the first time broached, and that all joined in the discussion; but that all or most of the officers seriously entertained such a project, I have no idea. I can recollect no other name but that of Lieutenant Beale, who was then passed midshipman. I have no recollection of any particular conversation. There were no two persons ever met, that the subject was not brought up; and it continued to be a subject of conversation from the time we heard of the discovery.

Question 4.-Your answer implies that the conversations you refer to were in your presence and hearing. Is that your meaning? Answer. Certainly.

Question 5.-Did you take part in them?

Answer.-I did, certainly.

Question 6.-Was this while you held the confidential relation to the commander in chief which you mention in your evidence?

Answer. I never ceased to hold that relation while I was in the squadron.

Question 7.-Was the only officer you have named and identified besides yourself (viz: Lieutenant Beale) employed by the commander-inchief, both before and after the conversation referred to, on confidential duty, as bearer of despatches or otherwise?

Answer. He was employed as hearer of despatches both before and after; how far that was confidential, I do not pretend to say. Question 8.-To what ship was he attached?

Answer. I am not certain, but think his name was borne part of the time on the books of the Congress, and I am not sure what other ship he was attached to. He was at one time on board the Ohio; I think this was before the time when these conversations took place, and he may have been afterwards.

Question 9.-Which of the ships of the squadron, if any, had not its full complement of lieutenants?

Answer. I do not recollect the precise number of lieutenants that each ship had at that time.

Question 10.-In your answer to the 14th cross-interrogatory, you refer to a guard sent on shore at Monterey, in October, 1848: what stores or property were they to guard?

Answer. All kinds of provisions, slop-clothing, and ship chandlery. I can enumerate nothing else.

Question 11.-In your answer to the 4th cross-interrogatory, you say that Commodore Jones appeared surprised when you handed him Lieutenant Craven's letter: did he manifest any excitement?

Answer. I do not recollect: he is not in the habit of manifesting excitement.

Question 12.-Are you able, now that your attention has been particularly recalled to that period by your examination and cross examination, to say whether Lieutenant Craven's note was handed to you, or by you to Commodore Jones, before or after the separation of the court martial on board the Ohio, without organizing?

Answer. I have no distinct recollection about the time of it.

By the accused.

Question.-Do you know that any officer of the squadron applied to Commodore Jones, officially or unofficially, for leave or furlough to em

bark on private enterprise while at "La Paz," or at any subsequent period?

Answer. While I recollect distinctly the fact that such applications were made, I could not, at this distance of time, specify the individuals. Question.-Did not one of the sentinels, stationed in the vicinity of the storehouse at Monterey, apprehend one of the New York volunteers in the act of leaving the store, which he had broken into during the night, with a considerable amount of slop-clothing in his possession? Answer. I recollect the fact that it was officially reported to me by the marine officer.

By the judge advocate.

Question.-You say you cannot recollect the names of the officers who made application for leave or furlough to embark in private enterprise: can you recollect whether or not Lieutenants Green, Marchand, and Craven, or either of them, made any such application?

Answer-I do not recollect that they, or either of them, made any such application. I was not, of course, always present with the commodore.

The testimony of the witness, as hereinbefore recorded, is read over to him, and is acknowledged to be correctly recorded.

Commander John Rudd, being duly sworn by the president of the court, is examined by the judge advocate, as follows:

Question 1.-Please to state what commission you held in the navy, and on what duty you were, in the autumn of 1848?

Answer. I was a commander in the United States navy, and commanded the United States ship Dale, in the Pacific squadron.

Question 2-Was Lieutenant T. Aug. M. Craven on board your ship, and in what capacity?

Answer. He was on board, and his rank was that of lieutenant. Question 3.-Do you recollect the circumstance of his applying to you to forward a letter to the commodore, touching a certain order about the liberty of watch-officers? If yea, please state the particulars.

Answer.-Lieutenant Craven presented me a letter, and I made some objection to certain paragraphs in that letter, and requested him to take it and reconsider sending it to the commodore; which he did, and brought it back the next day, and told me he had concluded to have it sent without any alteration. I then forwarded the letter to the commander-in chief. I think the letter now shown me by the judge advocate, marked “Craven, No. 1," is the same. That is my signature to the endorsement on it. The duplicate of that letter is also signed by me.

Question 4.-Did Lieutenant Craven, at the time of applying to you to forward the letter, explain to you the motives which induced him to write it?

Answer. Yes, sir. His only objection to the order, he stated, was that it did not include all the officers of the squadron.

Question 5.-Was Lieutenant Craven under your command from the time you got news of the great gold discovery in California, up to the 25th day of October, 1848, inclusive; and had you opportunity of observing his conduct and deportment during that time? If yea, please to state whether it was in any degree characterized by lack of zeal, or restiveness, or by any thing indicating that he was tainted with the gold mania?