F.

Charges and specifications of charges preferred by the Secretary of the Navy against Thomas Ap Catesby Jones, a captain in the navy of the United States, to wit:

Charge I.-Fraud against the United States.

Specification 1.-In this: that the said Captain Thomas Ap Catesby Jones, then being in command of the United States naval forces in the Pacific ocean, on the thirty first of October, in the year of our Lord one thousand eight hundred and forty-eight, off Monterey, Upper California, unlawfully and fraudulently, and for his own private uses, speculations and gains, did withdraw, and, by color of his office and command aforesaid, cause and procure to be withdrawn, from the public use, and from the custody of one Edward D. Reynolds, a purser in the navy of the United States, then and there charged with the custody thereof for public use, a large sum of money, to wit: the sum of ten thousand six hundred and forty three dollars and nine cents, of the fund known as the military contribution fund, the said moneys then and there being of the public moneys of the United States.

Specification 2.-In this: that the said Captain Thomas Ap Catesby Jones, then being in command of the United States naval forces in the Pacific ocean, at San Francisco, in California, on the first day of November, in the year of our Lord one thousand eight hundred and forty eight, and on divers days and times between the said first day of November and the twenty-sixth day of the said month, unlawfully and fraudulently did convert to his own use, and, by color of his office and command aforesaid, unlawfully and fraudulently did cause and procure to be converted to his own use, by adventuring, and causing to be adventured, the same in his own private speculations and adventures, and by dealing with the same as his own private funds and moneys, divers sums of money, amounting in the whole to ten thousand six hundred and forty-three dollars and nine cents, the same then and there being of the public moneys of the United States.

Specification 3.-In this: that the said Captain Thomas Ap Catesby Jones, then being in command of the United States naval forces in the Pacific ocean, off Monterey, in California, on or about the thirty first day of October, in the year of our Lord one thousand eight hundred and fortyeight, fraudulently, and by color of his office and command aforesaid, did cause and procure the sum of ten thousand six hundred and forty-three dollars and nine cents, of the public moneys of the United States, of a certain fund known as the military contribution fund, levied upon Mexiico during the war between that republic and the United States, to be transferred from the custody of one Edward D. Reynolds, a purser in the navy aforesaid, then and there charged with the custody thereof for public use, to the custody of one Joseph Wilson, a purser in the said navy, with intent to convert the said sum of money to his, the said Captain Jones's, own use; and unlawfully and fraudulently, and by color of his office and command aforesaid, and with the intent aforesaid, at Monterey bay, on the first day of November, in the year aforesaid, did address and deliver, and cause to be delivered to the said Purser Wilson, then being under his command aforesaid, the following order, to wit:

"FLAG-SHIP OHIO,

"Monterey Bay, November 1, 1848.

"SIR: There being an unexpended balance of several thousand dollars of the military war contribution fund, collected at Mazatlan by the squadron during the late war with Mexico, over and above any legitimate claim which I can now foresee as likely to arise against it; and as the inhabitants of Upper California, and especially the miners in the gold regions, are greatly embarrassed in their dealings and operations for want of a silver circulating medium, you will, on your arrival at San Francisco, exchange so much of the aforesaid fund as may then be in your hands for uncoined gold, at the current market price, which gold you will hold subject to my further orders.

Very respectfully, &c., your obedient servant,

THOMAS AP C. JONES,

"Conimander in chief U. S. naval forces, Pacific ocean. "To Purser JOSEPH WILSON, Esq.,

"U, S. ship Lexington."

And by the means aforesaid, and with the intent aforesaid, did cause and procure divers quantities of uncoined gold to be purchased by the said Purser Wilson, with the public moneys aforesaid, ainounting to the sum aforesaid, at San Francisco aforesaid, on the eleventh, fourteenth, fifteenth, seventeenth, eighteenth, twentieth, and twenty-first days of the said month of November, and on divers other days and times in the said month, and fraudulently and by color of his office did cause and procure the said uncoined gold to be delivered by the said Purser Wilson to him, the said Captain Jones, on board the United States ship Ohio, in San Francisco bay, on or about the twenty-fifth day of the said month of November, and did then and there take and receive the same for his own use and private traffic and gain; and did then and there fraudulently and deceitfully give to the said Purser Wilson a receipt in writing, and signed by him, the said Captain Jones, as follows:

"I have received of Joseph Wilson, purser U. S. storeship Lexington, the sum of ten thousand six hundred and forty-three dollars and uine cents, ($10,643 09,) in full of all demands, on account of the same amount for which he gave triplicate receipts, on the 31st ultimo, to Edward D. Reynolds, purser U. S ship Warren, acting as special agent for mil itary contributions, for which amount he was responsible to me. "THOMAS AP C. JONES.

"U. S. SHIP OHIO,

"San Francisco bay, November 25, 1848."

Whereas, in truth and in fact, the said Captain Thomas Ap Catesby Jones did not then and there, or at any time, receive the moneys aforesaid, or any part thereof, from the said Purser Wilson, but in lieu thereof received the uncoined gold aforesaid, the same being of much greater value than the sun aforesaid, to and for his, the said Captain Jones's, own use, and for his own private traffic, speculation, and gain; thereby, and by means of the premises, fraudulently and unlawfully converting the public moneys of the United States to his own use, and committing a fraud against the said United States.

Specification 4.-In this: that the said Captain Jones having, in the manner and under the circumstances set forth and charged in the last preceding specification, purchased, and caused to be purchased, the uncoined gold therein mentioned, with the public moneys of the United States therein mentioned, upon the pretexts set forth in his written order to Purser Wilson, therein recited; and having received the said gold on board the said ship Ohio, a public vessel of the navy of the United States, afterwards, on the 25th day of November, in the year eighteen hundred and forty eight, at the bay of San Francisco, fraudulently converted to his own use two hundred and seventy five and one quarter ounces of the said uncoined gold, parcel of the same gold which had been purchased with the public moneys of the United States as aforesaid, by shipping the same upon his own private account, and for his own private uses, speculations, and gains, to New York, on board the United States storeship Lexington, consigning the same to the said Purser Wilson, for account of him, the said Captain Jones; and by causing and procuring the said two hundred and seventy-five and a quarter ounces of gold to be disposed of, as they afterwards in fact were, for the private use and benefit of him, the said Captain Jones.

Specification 5-In this: that the said Captain Jones, having, in the manner and under the circumstances set forth and charged in the third specification of this charge, caused and procured the sum of ten thousand six hundred and forty three dollars and nine cents of the public moneys of the United States, known as the military contribution-fund, to be invested in uncoined gold; and, having received the said uncoined gold, to wit: nine hundred and eighty-three and one fourth ounces of grain gold, on board the said ship Ohio, on the 25th day of November, in the year eighteen hundred and forty eight, at San Francisco bay; afterwards, on the day and year last aforesaid, at San Francisco bay aforesaid, and on divers other days and times, and at divers other places, which lastmentioned days, times, and places, are unknown to the said Secretary of the Navy, fraudulently did convert the said gold to his own use, and fraudulently did sell and dispose of, and cause to be sold and disposed of, the said gold, in divers quantities and parcels thereof, the particulars of which several quantities and parcels are unknown to the said Secretary; and did thereby make great gains and profits, which he, the said Captain Thomas Ap Catesby Jones, fraudulently converted to his own use.

Charge II.-Attempting a fraud against the United States.

Specification.-In this: that the said Captain Thomas Ap Catesby Jones, then being in command of the United States naval forces in the Pacific ocean, did, on the fifth day of November, in the year eighteen hundred and forty nine, at the bay of San Francisco, fraudulently prepare, and cause to be prepared, and fraudulently did transmit to the Secretary of the Navy, a paper purporting to be an account showing what amount of public moneys of the United States, of the military contribution fund aforesaid, was then in the hands of him, the said Captain Jones; in and by which said paper he stated and represented that a certain balance of four thousand one hundred and fourteen dollars and eighteen cents, therein mentioned, was still subject to the satisfaction of certain awards to Lower California refugees; whereas, in truth and in fact, the said Captain Jones had, in the same account, claimed and taken credit for the full

amount of the said awards, as paid by him out of said fund; and the balance aforesaid was not subject to the satisfaction of such awards; thereby attempting a fraud against the United States.

Charge III.-Scandalous conduct, tending to the destruction of good morals.

Specification 1.-In this: that the said Captain Thomas Ap Catesby Jones, then being in command of the United States naval forces in the Pacific ocean, on the thirty first of October, in the year of our Lord one thousand eight hundred and forty-eight, off Monterey, Upper California, scandalously did abuse the public trust confided in him by virtue of his command aforesaid, by causing the sum of ten thousand six hundred and forty three dollars and nine cents, of the public moneys of the United States, to be transferred from the charge and custody of one Edward D. Reynolds, a purser in the navy of the United States, who then held the same for the use and benefit of the said United States, and who was then under the command aforesaid of the said Captain Jones, to one Joseph Wilson, a purser in the said navy, and likewise under the said command, with the intent that the said sum should be more conveniently subject to the orders of him, the said Captain Jones, for his own private uses, adventures, and gains; and, thereafter, in pursuance of said intent, did, on the first day of November, in the year aforesaid, at Monterey bay, order and direct the said Purser Wilson to exchange the moneys aforesaid for uncoined gold, at San Francisco, in California, at the current market price; and to hold the said gold subject to his, the said Captain Jones's, further orders; and the said Purser Wilson having thereafter, to wit: be tween the last-mentioned day and the twenty fifth day of the said month of November, executed the said order; the said Captain Jones did, on the said last mentioned day, on board the United States ship Ohio, in San Francisco bay, take and receive the uncoined gold for which the said public moneys had been exchanged, as aforesaid, and did receipt for the same to the said Purser Wilson, as the said sum of ten thousand six hundred and forty three dollars and nine cents; whereas the same was of much greater value; and did receive, to and for his own use, traffic, adventure, and gain, the said uncoined gold; and did, thereafter, dispose of the same for his own lucre and gain: thereby, and by the orders and acts aforesaid, scandalously violating and abusing a public trust, prostituting his office and command to the purposes of private traffic and gain, giving an evil example to disbursing officers and others under his command, and being guilty of scandalous conduct, tending to the destruction of good morals.

Specification 2.-In this: that the said Captain Jones, then being in command as aforesaid, on board the flag ship Ohio, Monterey bay, on the twenty-fifth day of October, in the year eighteen hundred and forty-eight, in an official despatch numbered thirty four, to the Secretary of the Navy, falsely, scandalously, and maliciously did write, and cause to be written, and falsely, scandalously, and maliciously did report, and transmit to the said Secretary, of and concerning Lieutenant Joseph F. Green, Lientenant John B. Marchand, and Lieutenant T. Augustus M. Craven, lieutenants in the same navy, the following false, scandalous, and malicious libel, that is to say:

"Nothing, sir, (meaning the said Secretary,) can exceed the deplorable

state of things in all Upper California at this time, growing out of the maddening effects of the gold mania. I am sorry to say that even in this squadron some of the officers are a little tainted, and have manifested restlessness under moderate restrictions imperiously demanded by the exigencies of the times, as you will perceive by the enclosed paper addressed to three of the lieutenants," (meaning the three lieutenants above named.) Thereby falsely, scandalously, and maliciously imputing to the said three lieutenants a base and sordid disregard of their duty and character as officers of the said navy, and a restlessness, under moderate and necessary restrictions, springing from their being tainted with the gold mania.

Specification 3.-In this: that the said Captain Jones, then being in command as aforesaid on the Pacific station, on the fourteenth day of September, in the year eighteen hundred and forty-nine, was guilty of wilful and deliberate falsehood in writing and transmitting to the Secretary of the Navy, in a certain despatch numbered 67, the following language, viz:

"With regard to the balance of the military contribution fund which remained in my hands at the date of my last returns, it has been turned over to Purser R. M. Price, whose receipts, with my account current, will be duly forwarded to the Fourth Auditor of the Treasury."

Whereas the said balance had not in fact been turned over to the said Purser Price, and the said Captain Jones well knew it had not been.

Charge IV.-Neglect of duty.

Specification 1.-In this: that the said Captain Jones, then being in command of the United States naval forces in the Pacific ocean, on the said station, on the twenty fourth day of November, in the year eighteen hundred and forty-eight, and for a long time prior to said day, and during the said command, neglected to have the public moneys of the United States, of the fund known as the military contribution fund, kept and regularly disbursed, by the pursers of the navy under his command, for the public use, and neglected to require regular and proper accounts of such moneys to be kept and returned by such disbursing officers, and took the said moneys under his own personal control, and so managed and disposed the same during the time aforesaid, and during the whole period of his said cominand, as to expose the public interests to loss and injury, and the said fund to depredation and embezzlement.

Specification 2.-In this: that the said Captain Jones, then being in command as aforesaid, and having received a certain official letter of the Secretary of the Navy addressed to him and dated the 1st day of March, 1849, containing the following language, to wit:

"It is very desirable that the accounts of military contributions collected from the enemy shall be settled without delay, and the balance unexpended in prosecuting the war with Mexico and its necessary inci. dents should be paid into the treasury of the United States, so that disbursements may be made exclusively of appropriated money. You will be pleased to take the necessary measures to effect this object:"

Did neglect to take the necessary measures to effect the said object. This on the said Pacific station, on the fifth day of June, in the year aforesaid, and thenceforth during the continuance of the said Captain Jones in the said command.