0. Invoice of grain gold purchased by order of Commodore Thomas Ap Catesby Jones, at San Francisco, Upper California, with an unexpended balance of the military war contribution fund transferred to me by E. D. Reynolds, purser United States navy, by order of the commander-in chief, to whom alone I am responsible for its disbursement. 1848. Oct. 31. By cash received of E. D. Reynolds, for him, $10,643 39 DR. 1848. Nov. 11. To cash for amount paid for 100 oz. grain gold, at $10 50 14. To cash for amount paid for 831 oz. grain 15. To cash for amount paid for 192 oz. grain $1,050 00 874 121 2,016 00 52 50 18. To cash for amount paid for 37 oz. grain gold, at $10 50 393 75 20. To cash for amount paid for 95 oz. grain gold, at $10 5() 997 50 21. To cash for amount paid for 42 oz. grain gold, at $10 50 441 00 21. To cash for amount paid for 5542 oz. grain 5,824 871 21. To cash for amount paid for 428 oz. grain 4,713 50 Average cost per oz. (9831 oz.) at $10 82} = $10,643 68. P. Memorandum for my friend Joseph Wilson, esq. Whatever may be coming to me in the way of freight on treasure taken home by the Lexington, I will thank Mr. Wilson, on his arrival at New York, to remit by a bank draft to "General Roger Jones, Adjutant General at Washington," for the use of Commodore Thomas Ap C. Jones. The Bank of the Metropolis, of Washington, whereof Richard Smith, esq., is cashier, is the bank in which the general and I have kept our accounts for a long time, and, if in good repute when you arrive in New York, might be used. The two hundred and seventy-five and a quarter ounces of gold dust I leave pretty much to your discretion to manage for me. It might be deposited in the mint at Philadelphia to my credit, and triplicate certificates taken, one of which to be forwarded by letter to my attorney, Thos. R. Love, esq., Fairfax Court-house, Virginia; one to Mrs. Mary W. Jones, of Sharon, near Prospect Hill, Virginia; and the other to be retained by yourself. In a word, I want the proceeds of the gold so placed as to be available to my wife or my agent, as above; and I want it so arranged as to be most secure in the process of transmission. Exchange is from one and a half to two per cent. in favor of New York, and against Virginia or District money. That may be worth looking to; but in this, as well as insurance, commission, and other things and expenses in connexion with the transaction, I rely entirely upon your better judgment and kind offices. From the above you will see what I want; and you will know how best to accomplish the ends after you reach New York-to which port I hope you will have a safe and pleasant passage, and a happy meeting with family and friends. FLAG-SHIP OHIO, THOS. AP C. JONES, Bay of Sun Francisco, November 25, 1848. U. S. N. Q. DR.-Commodore Thomas Ap Catesby Jones, 1848. TO JOSEPH WILSON. Nov. 25. To cash paid postage on letters ordering insurance on 2751 oz. grain gold, at $18 per oz., $4,954 50 1849. June 11. To cash for amount insurance paid on $4,954 50, at 3 per cent. per annum, from November 24, 1848, to June 11, 1849-6 mos. 18 days To cash for policy To cash for freight paid F. Chatard on 275 oz. $1.00 81 61 1.00 74.29 June 23. To cash paid Adams & Co. for taking grain gold to the mint To cash paid discount at bank, $3.63 per cent., per 6 09 4,864 07 June 26. To cash for amount check remitted Mrs. Mary To cash for amount 1 per cent. commission To cash for the balance remitted by certificate 49 54 1,259 26 6,340 49 March 1. By amount one-third freight received on 11,108 June 20. By amount one-third freight received on 8,934 666 45 803 88 6,340 49 BOSTON, June 26, 1849.-Errors excepted. R. JONES, for Commodore Jones. WASHINGTON, June 28, 1849. R. The witness is on his cross-examination, and it is not always practi cable or expedient to state beforehand all the uses to be made of the evi dence to be drawn out by the answer. One of the objects may be to test the credibility of the witness, either as to moral truth or memory, by bringing evidence to prove that he did say what the question suggests, if he denies it. As to any question of the moral truthfulness of this witness, it is entirely disclaimed; that his evidence may be liable to some doubt from defect of memory, is made apparent by his answers to former questions. But altogether, aside from any possible effect of the question to touch the credibility of the witness, the fact sought to be disclosed by the question is entirely pertinent and competent under the strictest rules of evidence. The gist of the accusation, in respect to this conversion of the military contribution fund into grain gold, is, that it was done with a fraudulent intent to appropriate it to his own use, and that he carried that intent into effect. There is no direct evidence given either of the act of such appropriation or of the intent to cominit it. The only evidence given of the act is merely circumstantial and hypothetical, and the intent is inferred from the act; not an atom of substantive evidence of intent being offered. The only circumstance going to raise a suspicion of the act is, that there were among the canisters of gold delivered by the witness to the accused, two canisters containing the same amount of gold as the two canisters remitted by the accused in the Lexington, under consignment to the witness. Then, as to the questions both of the fact of the misappropriation of the gold and the fraudulent intent of the act, is it not material and perfectly competent to prove, as it is in part already proved by this witness, that the transaction originated in a design to ship nothing but a parcel of gold for his own private stock; and that, when it was proposed to him to ship at the same time the grain gold received of the witness, he declined? In the inferences, whether of fact or of intent, to be made from the cir cumstances stated by the witness against the accused, is not clear and bona fide proof of what his actual intentions were, pertinent an material? nay, is not his declining a suggestion coming from a highly respectable quarter-a suggestion made and declined while he was in the act of ar ranging the shipment by the Lexington-to ship at the same time the gold received by him from the witness, itself an act going to repel the fraudulent intent imputed to him, and an act contemporaneous with the imputed act of having actually shipped two canisters of the same gold for his private account? I may remark, in conclusion, that in courts-martial, and in all courts which, like courts martial, perform the function of court and jury, there is far less of technical strictness in embodying evidence than in courts where all questions of fact belong exclusively to the jury, and where the court has to watch and see that no fact goes to the jury which might by possibility mislead them. The tendency of the jurisprudence and prac tice of admiralty and equity courts, as well as of courts-martial, is first to hear the evidence, unless it be palpably irrelevant and improper, and to resolve questions of admissibility into questions of the credit and weight of the evidence when the time comes for the court to consider and weigh its effect and its credit. THOS. AP. C. JONES, Late Commanding Pacific Squadron. S. FLAG SHIP OHIO, SIR: Herewith I enclose copies of awards made by the commissioners (Lieutenant Colonel H. S. Burton and Commander C. K. Stribling) who were appointed to examine into the nature and extent of losses sustained by certain citizens of Lower California, consequent upon their joining and aiding the United States forces during the late war, and who now have to seek personal safety as refugees in Upper California. I also enclose a series of decisions made by the board, by which the dignity of the aforesaid claims are arranged into three classes, and a pro rata payment or advance is ordered. On the arrival of the Warren at San José, you will go on shore and confer with Lieutenant the military commander at that post, who will present to you a list of claimants, which list will be signed by Colonel Burton or myself; and on that list you will make payment in advance, as the case may be, in accordance with the principles expressed in the memoranda already referred to, as explained by Purser Forrest's forms and receipts. These foregoing payments and advances will, of course, be paid out of the military contributions in your hands. Very respectfully, your obedient servant, Purser E. D. REYNOLDS, Esq., THOS. AP C. JONES. Special Agent, &c., for Military Contributions. "No. 2. " The accused states to the court that John Y. Mason, esq., late Secretary of the Navy, is a material witness in his behalf; and as it is highly inconvenient either for him to wait here for his regular turn to be examined or to return again for the purpose-inconvenience to himself personally and to the public, he being president of the State convention of Virginia - it is requested that the court will permit him to be examined and discharged out of turn; and in that case the accused will proceed with his examination on Monday. THOS. AP C. JONES, Late Commanding Pacific Squadron. T. Memorandum for Mr. Buchanm. Commodore Jones ships by the U. S. sloop Dale two bags, containing together twelve hundred and six ounces troy of California fine gold, which, at the U. S. mint value of $18 per ounce, make the sum of twenty-two thousand three hundred and eleven dollars, on which he wishes Mr. Buchanan to effect insurance by writing to the United States from this place. The bags are all numbered, and their contents, with "Commo. Jones" distinctly marked on each. Six bills of lading are requested, all consigned to the treasurer of the U. S. mint at Philadelphia, to the credit of Commodore Thos. Ap Catesby Jones. Whatever freight money may be coming to me on the Dale's arrival at New York, after deducting all expenses which Mr. Buchanan may have incurred in the way of freight, insurance, &c. on the gold I ship by the Dale, I will thank Mr. B. to remit in a check or draft, with the treas |