not remember to have ever heard Commodore Jones mention Mr. Stanly's name, except in connexion with a report I made to him in relation to Mr. Stanly's conduct. The examination in chief is closed. The judge advocate declines to cross-examine the witness. The testimony of the witness as recorded is read over to him, and is acknowledged to be correctly recorded, and he is discharged. The accused states that he has no other witness in attendance, and therefore the court is adjourned until to-morrow morning, at half-past 10 o'clock. JANUARY 22, 1851-Half past 10 o'clock a. m. The court met pursuant to adjournment. Present: the president, and all the members except Captain George C. Read; present, also, the judge advocate. The accused is in attendance. The record of the proceedings on yesterday is read and approved. The following certificate, touching the absence of Captain Read, is received by the court: This is to certify that Commodore George C. Read continues ill, and unable to attend as member of the court-martial. B. WASHINGTON, Surgeon U. S. N. WASHINGTON, January 22, 1851. Purser Edward D. Reynolds, a witness heretofore sworn and examined, is recalled by the accused, and examined as follows: Question 1.-Please examine the account now shown you, rendered by you as special agent to Commodore Jones, showing a balance in your hands of one thousand six hundred and eighty-eight dollars and fifty cents. Say whether it be a true account of your transactions as special agent, and explain in detail, and with reference to the documents connected with the transaction, now before you, your whole proceedings in reference to the matter of the said account; and how it happened that the said balance of the military contribution fund has been left in your hands? Answer. This is the last account rendered by me in December last, showing the balance of that fund in my hands, amounting to one thousand six hundred and eighty-eight dollars and fifty cents. On the 18th of February, 1849, I had rendered this other account, showing the balance then in my hands, which was eighteen hundred and twenty-nine dollars and fifty cents. It was accompanied by the following letter to Commo dore Jones: UNITED STATES SHIP WARREN, SIR: I have the honor to enclose, herewith, triplicate receipt rolls for eight California refugees paid by me from the military contributions, amounting to nine thousand four hundred and forty-three dollars and fifty cents, ($9,443 50.) I also enclose herewith an account-current showing the amount received and disbursed, and leaving a balance in my hands of one thou sand eight hundred and twenty-nine dollars and fifty cents, ($1,929 50,) subject to your order. Claimants Nos. 24, 26, 33, 37, and 39 did not present themselves. Commodore THOMAS AP C. JONES, E. D. REYNOLDS, Special Agent. Commander-in-chief U. S. Naval Forces, Pacific Ocean. In March, 1849-on the 7th of that month, I think-claimant No. 39 presented himself for a balance due him, ($141,) which I paid him, and that reduced the balance in my hands to the sum shown by my last account. The paper shown me now, purporting to be a triplicate receipt-roll and numbered 11, is one of my original receipt rolls, returned by me to Commodore Jones with my letter of February, 1849. The claimants remaining unpaid were not paid because they did not present themselves before I was ordered away from the station, which was in the month of November, 1849, I think. I came to the States in the Southampton, and never returned to the station. The receipt-roll now exhibited to me is Purser Forrest's receipt-roll; and the paper annexed to it, purporting to be a receipt given to Commodore Jones for the sum of five hundred and four dollars, on the 14th of November, 1849, in full of the award No. 24, (Raphela Talamantes,) is signed by Captain Naglee, as subscribing witness. I know his handwriting. He was residing at San Francisco when I last heard of him. The papers referred to by the witness in the foregoing answer are ap pended to the record, marked "Reynolds, January 22." Question 3.-What was the selling price of gold-dust for cash, and what in trade, at San Francisco, in March, 1849, about the period of the United States sloop Dale's departure for the United States? Answer. I think the cash price was about $15 25 or $15 50 per ounce, and the price in trade was $16. The examination in chief is closed. Question by the judge advocate.-Was gold-dust commonly used in making purchases at the rate mentioned in your last answer? Answer. I think it was. Question 2.-What amount of the contribution fund was placed in your hands for the payment of the refugee awards? When, and by whom? and was it not the precise sum total of the awards which you were expected to pay, excluding those which you did not pay for the reasons you have stated? Answer. I cannot state the precise sum placed in my hands. The sum was placed in my hands by Mr. Samuel Forrest, of the navy, by order of Commodore Jones. In August, 1848, he placed in my hands about fifteen thousand dollars, and the sum of eleven thousand two hundred and seventy three dollars in November of the same year. The two sums were, together, I think, the amount of certain awards I was expected to pay, including those which I could not pay for the reasons before stated. Question 3.-Was the balance which was reported by you to the ac cused, in February, 1849, or any part of it, withdrawn from your hands by him, or disposed of in any way by his orders? Answer.-It has remained in my hands without any order from him, with the exception of the sum of one hundred and forty-one dollars ($141) paid by me to the claimant No. 39, as before stated. The examination of the witness is concluded. His testimony, as hereinbefore recorded, is read over to him, and is acknowledged to be correctly recorded; and he is discharged. Samuel L. Harris, corresponding clerk of the Navy Department, heretofore sworn, is now called by the accused, and examined by him as follows: Question 1.-Are you perfectly confident that the abstract which you say was erroneously endorsed by you, nor a copy nor a duplicate of that abstract, nor any other paper, showing the state of the military contribution fund in Commodore Jones's hands about the 12th day of June, 1849, did not accompany Commodore Jones's despatch No. 58 to the Secretary of the Navy? Answer. I am positive that the paper which I before testified had been erroneously endorsed by me as having been received with despatch No. 58 was in fact received with despatch No. 56, of 28th of April, 1849, and not with despatch No. 58. There is no reference in despatch No. 58, of 12th January, 1849, to any enclosure in it; but I cannot say positively that there was no such other paper accompanying it as the question de. scribes. I have no reason to suppose that any paper did accompany it. Question 2.-Have you not known one envelope to contain papers on different subjects, without the different subjects being referred to in all the enclosures? Answer. I recollect that occasionally papers have been received with despatches from Commodore Jones without being referred to in the despatches. I recollect instances, also, of returns for the bureaus, and sometimes accounts for the Auditor. In all such cases, the papers are immediately distributed to the officers for whom they are evidently intended. It is customary, when papers are referred to in the despatch, to note, either on the despatch or the papers themselves, that they were received with such despatch. The testimony of the witness, as recorded, is read over to him, and is acknowledged to be correctly recorded; and he retires. Purser Reynolds is recalled by the accused, and further examined as follows: Question 1 (by the accused.)-When you left the bay of San Francisco, in the Southampton, early in November, 1849, for what purpose, and on what voyage, was the ship despatched when expected to rejoin the squadron, and how happened it that the ship proceeded to the United States, instead of rejoining the squadron? Answer. She went to Panama; for what purpose I cannot say. I expected to return thence to San Francisco, but from Panama we were ordered home by the Secretary of the Navy. The testimony of the witness is read over to him, and is acknowledged to be correctly recorded, and he retires. Captain Lewis Warrington, a member of the court, being duly sworn by the president of the court, is examined by the accused, as follows: Question 1.-Look at the letter now shown to you, and say whether it be an original letter signed by the honorable W. Ballard Preston, the Secretary of the Navy? Answer. I am acquainted with his signature. I have no doubt this is his. The letter is read, as follows: NAVY DEPARTMENT, June 25, 1849. SIR: The department has received applications from Commander Stribling and Lieutenants J. F. Green and J. B. Marchand, to be relieved from duty in the Pacific squadron, with orders or permission to return home. The department is not disposed to detach officers from vessels on distant stations, when it may have the effect to lessen the efficiency or retard the movements of the squadron. If the detachment of the officers above mentioned should have this effect upon the squadron under your command, you will withhold from them permission to return; otherwise you are at liberty to grant them the permission. I am, respectfully, your obedient servant, Commodore THOS. AP C. JONES, WM. BALLARD PRESTON. Commanding U. S. Naval Forces, Pacific Ocean. The testimony of the witness, as recorded, is read over to him, and acknowledged to be correctly recorded. The accused tenders the following paper, which is read: The accused informs the court that he has adduced all the evidence upon which he expected to rest his defence against the charges to which he is called to answer before the court, except the testimony of two wit nesses, who, if present, would have thrown a clear light upon several important circumstances connected with the matter of the charges-circumstances either not particularly known to the witnesses already examined, or indistinctly recollected by them. These two witnesses are Colonel William M. Stewart and late Lieutenant James McCormick: the first, confidential secretary of the commander-in-chief of the squadron; the second, flag lieutenant during all the time of the transactions referred to in the charges. Their names were given to the judge advocate in the original list of witnesses on the part of the defence, and summonses, it is believed, were forwarded to them. But they both reside in California, and remained there when the accused left the station. He left there under no apprehension of being brought before a court-martial for any part of his conduct as commander-in-chief of the squadron; and consequently he took no earlier measures to obtain the evidence of these witnesses. Since he became aware of his having to appear and answer to these charges, it has been altogether impossible to obtain the testimony of those witnesses in any reasonable time; and he preferred foregoing the benefit of their evidence to the inevitable delay incident to an attempt to ob tain it. The accused desires to make this explanation, in order to account for the absence of the testimony of witnesses who stood in such confidental relations to him as might have raised a just expectation of his bringing them before the court, and might have given rise to unfavorable constructions of his failure to do so. The accused having brought forward all the evidence in his defence. now attainable, prays the court to allow him till meridian on Monday, the 27th instant, to prepare such statements as he finds necessary to illustrate and fortify the grounds of his defence. THOS. AP C. JONES, The court is cleared. No objection being made to the request of the accused, it is ordered that the accused be allowed until Monday next, the 27th instant, at noon, for the preparation of his defence, and that he be excused from attendance on the court in the mean time. The court is opened, the accused is in attendance, and the order of the court is read. And thereupon the court is adjourned until to-morrow morning at 10 o'clock. JANUARY 23, 1851-10 o'clock a. m. The court met pursuant to adjournment. Present: the president, and all the members except Captain Read. Present, also, the judge advocate. The record of the proceedings on yesterday is read and approved. Time having been allowed to the accused to prepare his defence, and there being no business before the court, it is therefore adjourned until tomorrow morning at 10 o'clock. JANUARY 24, 1851-10 o'clock a. m. The court met pursuant to adjournment. Present: the president, and all the members except Captain Read. Present, also, the judge advocate. The record of the proceedings on yesterday is read and approved. The following communication from the honorable the Secretary of the Navy is laid before the court by its president, and is read, to wit: NAVY DEPARTMENT, SIR: In consequence of the serious indisposition of Commodore George C. Read, he has been, at his own request, relieved from further attendance on the court-martial over which you preside. I am, with the highest respect, your obedient servant, Commodore CHARLES STEWART, U. S. N., President of Naval Court Martial, Washington City. And thereupon, there being no business before the court, it is adjourned until to-morrow morning at 10 o'clock. |