The following order was in like manner produced and read:

"NAVY DEPARTMENT, December 12, 1850.

"SIR: Commodore Morris and Captain Lavallette have been relieved from duty as members of the naval general court martial ordered to convene at the navy-yard, Washington, on the 16th inst.

"I am, respectfully, your obedient servant,

"Commodore CHARLES STEWART,

"U. S. Navy, Philadelphia."

"WILL. A. GRAHAM.

The original whereof is hereto annexed, marked B.

And thereupon the judge advocate produced and read the following letter of appointment:

"NAVY DEPARTMENT, November 20, 1850.

"SIR: The naval general court-martial, of which you are appointed judge advocate, has been ordered to convene at the navy-yard, Washington, D. C, on Monday, the 16th day of December next; at which time and place you will appear, and report yourself to the presiding officer of the court.

"Your compensation will commence from the 16th proximo, the date of your entrance upon the discharge of your duties.

"You will receive, herewith, blank subpoenas, to be used as occasion may require.

“I am, respectfully, your obedient servant,

"J. M. CARLISLE, Esq.,

"Washington, D. C."

"WILL. A. GRAHAM.

The original whereof is hereto annexed, marked C.

And thereupon the judge advocate demands of the accused, Captain Thomas Ap Catesby Jones, here personally present, whether he hath any exception or cause of challenge to make or allege against the said court, or any member or members thereof, who are now about to be sworn for the trial of certain charges and specifications preferred by the Secretary of the Navy against him, the said Captain Jones; whereunto the said Captain Jones makes answer, that he hath no exception or cause of challeuge to make or allege against them or any of them.

And thereupon the judge advocate, in the presence of the said Captain Joues, administered to the president and members of the court, severally and respectively, the oath in such case prescribed by the 36th article of the act of Congress entitled "An act for the better government of the navy of the United States," approved May 10, 1800; which said oath was duly taken by them and each of them. Whereupon the president of the court administered to the judge advocate the oath in such case prescribed by the statute aforesaid; which was accordingly taken by him.

And the court being now duly organized, the accused handed to the judge advocate the following paper, which was read:

“Mr. President: I respectfully request that the court will not proceed further to day, my counsel not being in attendance. I shall be prepared to answer the charges exhibited against me to-morrow morning, at such hour as it may please the court to appoint.

"THOS. AP C. JONES."

[45]

The original whereof is hereto annexed, marked D.

And no objection being made thereto,

The court was then adjourned until to-morrow morning, December 17, at 10 o'clock.

DECEMBER 17, 1850-10 o'clock a, m.

The court met pursuant to adjournment. Present: The president, all the members, and the judge advocate.

The accused, Captain Thos. Ap C. Jones, was in attendance.

The record of the proceedings of yesterday was read and approved. The accused tendered the following paper to the court, which was read by the judge advocate, to wit:

"Mr. President: I desire to have the aid of Walter Jones, esq., who, with permission of the court, will attend its sessions as my counsel. "THOS. AP C. JONES.

"DECEMBER 17, 1850."

The original of which is hereto annexed, marked E.

And thereupon it is ordered by the court, and announced to the accused, that he is allowed to be attended by his counsel in court, subject to the customary restrictions in courts-martial.

And thereupon the judge advocate calls upon the accused to hearken to the reading of the charges and specifications which are exhibited against him.

And the same are read by the judge advocate in his presence and hearing, as follows:

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 afore said, 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 Mexi. ico 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 commaud 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, "Lonimander 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, amounting 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 military 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 sum 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,