to the same subject after the Ohio arrived in the bay of San Francisco; and in such conversation, did he freely and unreservedly communicate to you his views and intentions, or did you observe any concealment or reserve; in particular, did he explain his reasons for not sending to the United States by the Lexington the gold dust in which the military con tribution fund was invested? Answer. I had a conversation with the commodore relative to the same subject after the Ohio arrived in the bay of San Francisco. I think he therein freely communicated to me his views and intentions. There was no concealment or reserve in the transaction. It was done publicly and openly. I have an indistinct recollection of having spoken about not sending the gold home in the Lexington. I know he did send a small quantity home in her, but had a much larger quantity on board, which he did not send. I do not recollect the particulars of the conversation. Question 3-Do you know how much gold dust Commodore Jones sent home by the Lexington in 1848, and whether it was purchased with his own private funds or with the military contribution fund? Answer. I do not recollect the exact amount he sent home by the Lexington-perhaps $4,000 or $5,000. I do not think it exceeded that. I know that he had, about that time, several thousand dollars of his own private funds. I do not know with what money the gold dust sent home in the Lexington was purchased. Question 4.-Did not Commodore Jones take a letter or letters of credit from the United States to strong mercantile houses on the west coast of America? Answer. I know the fact that he did. When at Valparaiso we joined the Ohio. On purchasing our mess-stores, neither the commodore nor myself had money to pay for them. He obtained it by his letters of credit on a house there. In this way I have a distinct recollection of the fact. I also saw the letters of credit. Question 5.-When did the California, the first mail steamer, arrive at San Francisco? Was it not understood at San Francisco that several capitalists from South America, the United States, and Mexico, arrived in the California, with a large amount of coin to buy gold dust? Answer. That steamer arrived in the month of April, 1849, I think. I believe it was by that vessel that a capitalist, or capitalists, arrived with upwards of one hundred thousand dollars, which was deposited on board the Ohio, and drawn out as they had occasion for it. Question 6.-Do you know whether the petty officers, and all enlisted persons of the Pacific squadron, in the winter of 1848-49, were permitted, at the discretion of their respective commanders, to invest a portion of their wages due in gold dust? If yea, can you name any agent or agents employed at San Francisco, or elsewhere, to make such invest ment or purchase of gold? Lieutenant Answer.I recollect that such permission, was given. McCormick was employed by the crew of the Ohio as their agent. He placed about forty thousand dollars in the hands of a firm of brokers, for the purpose of being converted into gold dust; 1 do not recollect their names. The limit fixed by the crew, through Lieutenant McCormick, was too low; and meantime, there being a large influx of coin, it had raised the price of gold dust. The money, therefore, was not invested. This must have been in December, 1848. Question 7.-Was the firm of Naglee & Linton doing business as ex· change brokers and dealers in gold dust when the Ohio returned to San Francisco, in February, 1849? Answer. I think they were. They are the persons I referred to in my last answer. Upon referring to the log-book of the Ohio, which is now exhibited to me, I find that the date of the arrival of the first mail steamer was February 28, 1849. My previous answer as to the arrival of the capitalists relates, therefore, to this date. It was the second steamer which arrived in April. Question 8.--Do you know of any order, verbal or written, given by Commodore Jones to Commander Long, of the Warren, at San Francisco, in March, 1849, which deprived that commander and his officers of any privileges and indulgences enjoyed by all other officers of the squadron? Answer. I have no recollection of any such order. All orders passed through me, as captain of the fleet, to the different vessels of the squadron, when the commodore's flag was flying on board the Ohio. There were times when the Ohio was absent, and orders could not pass through me. Question 9.-Considering the nature of the order described, do you think you could have forgotten it, if any such had in fact passed through your hands? Answer. Certainly not. Question 10.-How long have you been acquainted with Commodore Jones; have you been much associated with him on duty; what has been Commodore Jones's general deportment towards his inferior officers, so far as you have been able to observe; have you ever found him disposed to oppress, or unnecessarily curtail the liberty or encroach upon the rights of those under him; and, above all, have you ever discovered any taint of malice in his disposition? Answer. It is more than thirty-four years since Commodore Jones and myself were first associated together. I have been much and intimately associated with him on duty. Commodore Jones is uniformly kind and considerate to those under his command. I have never seen any dispo sition in him to oppress, or unnecessarily curtail the liberty of those under his orders. I have never, in my long intercourse with Commo dore Jones, believed him to be tainted with malice in his disposition. The examination in chief is here closed, and the witness is cross-examined by the judge advocate, as follows: Question 1.-Was the suggestion of Purser Wilson, as communicated by you to the commodore, a suggestion that the gold dust should stand in lieu of the money of the contribution fund as public property; or that the profits of the transaction should inure to the private benefit of the commodore? Answer. To the best of my recollection it was, that any profit that might be derived from it should inure to the benefit of the commodore. Question 2.-You say that Commodore Jones fully explained to you his views and intentions with regard to the investment of the military contribution fund in gold dust: did he tell you that it was his intention to convert the gold dust to his own use, or to treat it as his own private property and appropriate the profits to his own use? Answer.-I cannot answer that question distinctly. My impression from that conversation was, that he intended to appropriate the profits to his own use; but certainly not to convert the military fund into his own private property. It was well known that there was great risk in dealing in gold dust by persons not well acquainted with it. Brass filings, etc., were frequently mixed with it. Question 3.-How do you know that Commodore Jones had several thousand dollars of his own funds at the time referred to in your testimony in chief on that subject, and what was the amount? Auswer. I knew by having to approve the purser's rolls; and by having paid the commodore, myself, something a little less than one thou. sand dollars. I could not fix the amount, but I should think he must have had somewhere about three thousand dollars ($3,000.) Question 4.-Have you any knowledge of his investing his private funds otherwise than in gold dust, or remitting them to the United States, or elsewhere, at or about the time referred to in your last answer? Answer. I have no knowledge of any such transactions at that time; and only what Commodore Jones told me as to transactions some three months after. Question 5.-What was the amount of credit which Commodore Jones had by the letters you refer to as having been upon a house at Valparaiso? Answer. My impression is that they were unlimited. Question 6.-What was the amount advanced by the house referred to in your testimony in chief? Answer. The only transaction that I have a knowledge of was about $2,000 for the mess stores. Question 7.-What was the price of gold dust at San Francisco in December, 1848, the time referred to in your answer to the 5th question put by the accused? Answer. I think it must have been about $13. When we arrived, in October, it was about $10—and four months subsequent, it advanced to between $14 and $15. It kept gradually rising as a larger amount of specie came into the country. Question 8.-Have you any knowledge of a letter having been written to Commodore Jones by Commander Long, of the Warren, and of an answer by Commodore Jones, touching the propriety of allowing officers of the Warren to be on shore after sundown? Answer.-1 recollect something of such a correspondence. Re-examined by the accused. Question 1.-Had you the means of knowing the total amount of pri vate funds at Commodore Jones's command at the time referred to in your preceding answers; and when you speak of particular amounts known to you as in his possession, or drawn on his letters of credit, do you mean that such amounts were all he had or drew for, or that they were all that were known to you? Answer. I mean to say that those were the only funds I knew any thing of. Whatever other funds he had, I had not the means of knowing. The testimony of the witness, as recorded, is read over to him and ac knowledged to be correctly recorded. The witness requests to have a question and answer, recorded in his former examination in chief, now exhibited to him, that he may see whether he desires to make any further answer or explanation touching the matter thereof. No objection being made, the record thereof is exhibited to him. The question referred to by the witness is the question No. 11 put by the judge advocate on his previous examination on the 8th of January; and that question and answer, as recorded, are read to the court. And the witness proceeds as follows: I wish to say that I did not consider these gentlemen as being justly subject to the charge of being tainted with the gold mania. I did not mean to express, by my previous answer, that I thought they were. The additional testimony thus given by the witness is read over to him as recorded, and is acknowledged to be correctly recorded, and he retires. Aaron O. Dayton, Fourth Auditor of the Treasury, being now in attendance, is recalled by the judge advocate; and having been heretofore duly sworn, is examined by the judge advocate as follows: Question 1.-Please to produce now the account rendered by Commodore Jones, referred to in your former examination. Answer. This is the paper; it bears date the 22d November, 1850; it was referred, on the 27th day of the same month, to the Navy Department, and has never been officially returned to my office. It is as follows: Thos. Ap Catesby Jones, commander of the Pacific squadron, in account with the Mexican war military contribution fund. No. 7.-Paid H. Toler, as per his receipt of this date, $75, for 18,000 00 |