had given the usual order to station the lookouts, but that I had not observed they were not placed; and was the time about dusk in the dogwatch? Was I not on the pass, the usual place of the officer of the deck, and was there any danger to be apprehended that required the offi cer of the deck to see if the lookouts were placed immediately?

Answer. Mr. Stanly made no report to me at all. I sent to make the inquiry by a midshipman, and Mr. Stanly made the reply through the midshipman that he had not observed that the lookouts were not placed. Mr. Stanly was on the poop at the time; and I think it was between eight and nine o'clock in the evening. The night was a dark one.

The two preceding questions and answers were read to the witness, and proved correct. Neither the prosecution nor the defence wishing to examine him any further, he withdrew.

Charles W. Pickering, lieutenant United States navy, was called as à witness on the part of the government, and being duly sworn, said: While we were lying in San Francisco, and some time before we sailed for Valparaiso on the last cruise of the St. Mary's, Mr. Stanly went on shore by permission. He did not return until the next morning, about 9 o'clock. This was the first time that I knew that Mr. Stanly had been absent all night from the ship. Mr. Stanly advised me to report him (Mr. S.) to Commander Johnston. I replied that he himself had better report the circumstances to the captain. He did report them.

Charge II.-While lying at Callao about the time specified, Mr. Stanly requested permission to go ashore. I replied, "Certainly, if you have the doctor's permission." I am under the impression that he said he had the doctor's permission, and said something about being benefited by the drawing of a tooth. Á short time afterwards a boat was called away. Mr. Stanly said that he supposed he could go in that boat. I told him that he could certainly go if he had the doctor's permission. I understood him to say a second time that he had that permission. He went ashore, and returned on the next evening.

Question by the court.-At what time was the order prohibiting officers on the sick-list report from going ashore without the recommendation or permission of the surgeon, communicated to Lieutenant Stanly?

Answer. I do not know that the order was ever communicated to Mr. Stanly at all.

Question by the court.-At the time when Mr. Stanly went on shore by permission, to what period of time did that permission extend?

Answer.—I think until sundown. There was a general order that no officer should remain ashore all night.

Question by the court. Was or was not the general order of Commander Johnston, prohibiting persons from going ashore unless they first had permission from the doctor, made known by you to the officers?

Answer. To the best of my recollection, I never did make known the order to the officers.

Question by the court. Did you or did you not see the letter of Commander Johnston to Commodore Jones, appended to these charges, and marked No. 1? If so, did you or did you not tell him (Commander Johnston) that the statement in the letter was correct?

Answer. When Captain Johnston read me the letter, and asked me if it was correct, I replied, Yes, sir. I afterwards explained to him that it

was correct, so far as my statement of the circumstances attending Lieu tenant Stanly's going ashore was concerned.

Question by the court.-State to the court if Commander Johnston's general order in relation to persons on the list not going ashore, was generally known in the ward-room? If so, state in what way it was so known.

Answer. I do not know whether it was known or not.

Question by the court.-Did or did not Captain Johnston give you an order as 1st lieutenant, to the effect that no officer on the sick report should go on shore without the permission and recommendation of the surgeon? and if so, state at what time.

Answer. Shortly after Mr. Stanly staid out of the ship all night in San Francisco, as stated in letter No. 1, Captain Johnston did give me such an order.

Question by the court.-Do you or do you not know that Lieutenant Stanly was aware of Commander Johnston's general order not to go ashore without first obtaining permission from the doctor?

Answer. It is the custom of the service for those on the sick report to consult the doctor. I do not know whether Mr. Stanly was aware of the order of Captain Johnston or not. My impression is that he was aware of it. From motives of delicacy I did not tell Mr. Stanly of the order at the time it was given, and he may have reached Callao without ever having heard the order.

Question by the court.-Unless Lieutenant Stanly had assured you that he had the doctor's permission to go on shore, would you have given him your permission to do so?

Answer. I would not have done so.

The following question was objected to by a member. The court was cleared for deliberation. It was again opened; the accused and witnesses came in. The decision of the court was read. It was, that the question should be put to the witness.

Question by the court.-Do you not consider the recommendation of the surgeon for Mr. Stanly to visit a dentist, equivalent to his giving his assent?

Answer. Certainly, if the dentist lived on shore.

Question by the court.-Do you or do you not know whether Lieutenant Stanly had permission to go ashore froin the doctor whilst on the sick list? If so, state by what authority.

Answer. I do not know whether he had or had not, other than what I have before stated.

Question by the accused.-At the time I staid out of the ship as alluded to in the charges, did I not give a reason why I so remained on shore; and was not that reason that "I was on my way down to the boat, but was induced to go back to apprehend deserters, which delayed me so as to make me too late for the sundown boat?"

Answer. Yes, Mr. Stanly did give me these reasons.

Question by the accused.-Did I not on one occasion ask you as a favor to inform me if I ever neglected or did not give sufficient attention to my duty?

Answer. Yes, Mr. Stanly did ask me this, in relation to his division. Question by the accused.-You say that you would not have given me permission to have gone on shore, at the time in question, if I had

not assured you that I had the doctor's permission. Why would you have refused? because I was on the list; or was there any other reason? Answer. I would have refused permission because Mr. Stanly was on the sick-list; there was no other reason why I would have refused Mr. Stanly permission to go on shore.

Question by the accused.-Do you know whether there was any par ticular inducement that caused me to wish to go to Lima upon the day when I went, in preference to the next day or any other day?

Answer. No. I do not know that there was any particular inducement why Mr. Stanly should go on shore on that particular day.

Question by the accused.-Has not Captain Johnston said, in your hearing, that he was on board when I went on shore at Callao (on the occasion in question)-that he saw me go over the gangway?

Answer. Yes, he has said so.

Question by the accused.-Did I not lose a liberty-day in consequence of going on the list; and did I not say that I would go to a ball at Lima, which ball I did not attend in consequence of going on the sicklist?

Answer. I do not remember whether Mr. Stanly lost a liberty-day or not, and I do not remember about the ball.

Question by the accused.Do you believe that I wished to deceive you when I said I had the doctor's permission, when I only had his assent; and have you ever had any reasons for questioning my character in regard to my truthfulness?

Answer. Certainly not. Mr. Stanly's character for truthfulness stands as high as that of any member of the mess.

Question by the court.-Has, or has not, Lieutenant Stanly's official course on board the St. Mary's been calculated to destroy discipline and break down distinctions important to the good of the service?

Answer. Nothing has come under my observation that has caused me to form any such impression. Mr. Stanly is not very energetic in carrying on duty.

Question by the court.-In what way did you promulgate the general order of Commander Johnston, that no one on the sick-list should go on shore without first obtaining permission from the doctor?

Answer. At the time when I received this order, in consequence of Mr. Stanly's having staid out of the ship all night, from motives of delicacy I did not pass a general order. I knew that it was sufficient for me to inform those on the sick-list, who wished to go on shore, that it was necessary to have the doctor's permission.

The evidence of the witness was read over to him, and being found correct, he withdrew.

Acting Surgeon S. R. Addison was now called as a witness on the part of the prosecution; and, being duly sworn, said:

About the time specified, and while we were lying at Callao, Mr. Stanly was on the sick list, laboring under a neuralgic affection of the face and head. He remarked to me he thought the pain proceeded from a tooth, and asked if it would be advisable (knowing, I suppose, that I had no instruments fit to extract it) to have it drawn. I advised him to have it drawn. There was nothing said about going ashore; but I presume, from what occurred afterwards, that my remark was looked upon as a recommendation to go on shore, although I was not aware at the time that he

was going ashore on that day, or I should have informed him of a regula tion the captain had made, that when an officer was attached to the sicklist it would require a written recommendation from the surgeon that going ashore was necessary for health.

Question by the court.-At the time to which your testimony adverts, did you or did you not inform Commander Johnston that Lieutenant Stanly had not asked your permission to go on shore, and that he had not even consulted with you as to the propriety of doing so?

Answer. I did so inform Commander Johnston; there was nothing said by Lieutenant Stanly relative to going on shore; I did not know he was going.

Question by the court. Did you or did you not inform Lieutenant Stanly, when he applied to you to extract his tooth, that you had no in struments large enough to draw it, and that he had better have it extracted by a dentist?

Answer. I do not remember having had this conversation. If it oc curred, it took place before we left this harbor.

Question by the court. Did you ever tell Lieutenant Stanly that Commander Johnston had given an order that no person on the sick report should go on shore without the permission of the surgeon, or his recommendation that it was necessary for his health? or did you hear Lieutenant Pickering tell him so?

Answer.-Commander Johnston informed me that such a regulation was in force; but as Lieutenant Stanly never asked me for my assent to his going on shore, I never told him of the regulation.

Question by the court-Did or did not Lieutenant Stanly ask your permission to go on shore at Callao at the time referred to in the charges and specifications?

Answer.-Lieutenant Stanly said nothing about going on shore on that

occasion.

Question by the court.-Was or was not Lieutenant Stanly in the habit of asking your permission or consulting with you about the propriety of his going on shore while he was on the sick-list, previous to the order given by Commander Johnston, as referred to in the report of Commander Johnston now before the court?

Answer. It was the habit of Lieutenant Stanly to consult me about the propriety of his going on shore.

Question by the court.-Was Lieutenant Stanly frequently on shore by your consent or recommendation while on the sick-list, and just previous to the St. Mary's leaving San Francisco, as stated in the specifications! Answer. Mr. Stanly did go on shore occasionally; I do not recollect how often with my consent and recommendation.

Question by the court.-Has or has not Lieutenant Stanly's official course on board the St. Mary's been calculated to destroy discipline and break down distinctions important to the good of the service?

Answer. I do not feel myself competent to decide upon the question. Question by the accused.-Is not this portion of my letter correct: "I called him (meaning Dr. Addison) to my room and said, Doctor, I believe I will have this tooth out;" and he replied, "Well, if you think it will ease the pain, try it; get a dentist to pull it."

Answer. I think it very probable that such was my language; I cannot be positive that they were my precise words, but such was the mean

ing I intended to convey; I had no instruments on board to draw the tooth without giving great pain.

Question by the accused.-When I returned from Lima did I show you the tooth I had had drawn; and are you not certain that I did have a tooth drawn on that occasion?

Answer. The tooth was shown to me on that occasion, and I have no doubt it was then drawn; but as I did not see it drawn, I cannot be positive.

Question by the accused.-Had you not before we sailed from this port recommended me to walk on shore, saying the exercise, the warmth, &c., would be of service to me?

Answer. I think I have.

Question by the accused.-Do you believe I intended to deceive Mr. Pickering when I said I had your permission to go on shore?

Answer. I do not believe it.

Question by the accused.-Has not the general health of Mr. Stanly during your late cruise been such as to impair his physical energies? Answer. I think it has, during the period of his sickness.

Question by the court.-Do you consider your verbal recommendation to an officer to go on shore for the benefit of his health equivalent to a permission, when a written recommendation is not required?

Answer. Certainly I do.

Question by the accused.-Have you ever had any reason to question Mr. Stanly's character for truthfulness?

Answer. None at all.

Question by the accused.-Have I not been taking laudanum, even against your advice, to ease the pain which I complained of?

Answer.-Mr. Stanly has taken laudanum (when I endeavored to dissuade him from it) to ease his pains.

Question by the accused.-Can you not recollect having once exam. ined a tooth for the purpose of extracting it? did you not tell me that your key was not fit? is that instrument fit to extract a jaw-tooth?

Answer. I have no recollection of the occurrence; my instruments are very indifferent, and I advised Mr. Stanly to have the tooth extracted by a dentist.

Question by the accused.-Has Captain Johnston ever said in your hearing that he did not believe that I told a falsehood on the occasion of my leaving the ship at Callao, or words to that effect?

Answer.-No; he has never said so.

Question by the accused.-Has Captain Johnston ever said any thing that led you to suppose that he (Captain Johnston) believed that he was in error in supposing that I had told a falsehood?

Answer. Nothing that I can recollect.

Question by the accused.-Has Captain Johnston ever said any thing to you implying a wish to withdraw his report of me, or a regret that he had made it?

Answer. I heard Captain Johnston say he would have been very glad to have come to this port without having any difficulty, and that he would have been glad to accommodate the matter. I am under the impression that he said that the last communication from Mr. Stanly prevented him from doing so.

The evidence of the witness was read over, and being found correct, he withdrew.