Question 21.-Do you know where it was purchased, and by whom, for Commodore Jones?

Question 22.-Have you any knowledge of any other dealings or transactions of the accused in the buying and selling of gold dust? If so, state them.

Answer. Early in November, 1848, whilst the Ohio lay at Monterey, Commodore Jones sent for me, and requested me to come into the cabin and assist him in weighing some gold dust. I found another gentleman, I think Doctor Barabino, who appeared to be aiding in ascertaining the weight. The commodore then directed me to bring into the cabin the sum of $2,500. I returned with the money, which the commodore then requested me to pay to Mr. Woodside, Mr. Larkin's clerk, and informed me he had just purchased some gold dust from Mr. Larkin, at, or in the neighborhood of, $12, which was considered very high at the time. The bag of dollars that I brought up contained $3,000. I took out $500, and left upon the deck of the cabin the bag with the remaining $2,500 of its contents remaining, and pointed it out to Mr. Woodside as the payment. The commodore then called me into the after cabin, and requested me to draw up such a voucher as I wanted for the payment of that sum of money out of military contributions. I drew up such an order and receipt as I thought a proper voucher, which he signed, and which I have with my papers at Norfolk.

Question 23.-Was the money which was so expended, in fact of the military contribution fund?

Answer. It was.

Question 24.-What became of the gold in which it was invested? Answer. I do not recollect whether the commodore deposited it in my chest or not. I have an impression that he did.

Question 25.-Do you mean at the time it was purchased, or after wards?

Answer. About the time it was purchased.

Question 26.-What became of it?

Answer.-1 do not recollect. It was subject to his order if it was placed in my chest.

Question 27.-Was it disbursed by you on public account?

Answer. It was not.

Question 28.-Was the sum of $2,500 which had been paid for it replaced, and when?

Answer. It was never paid back to me.

Question 29.-Can you not recollect whether the gold last referred to was disposed of by you with the rest at Mazatlan, or in what other way it was disposed of?

Answer. I cannot.

Question 30.-How was it packed when deposited with you?
Answer. I think it was in a bag.

Question 31-Have you any knowledge of any other dealings or transactions of the accused in buying and selling gold dust?

Answer.—I think on several occasions he requested me to lodge gold dust for him in the chest, and would sometimes send for it and take it In a conversation with Commodore Jones, shortly before the sailing of the Dale, he informed me that he had invested, or intended to invest,

out.

some or all the proceeds of the sales that I had made in Mazatlan for him again in gold dust, send it to the mint, and that Uncle Sam could take his share of it. My understanding was that it was to go in the Dale. Question 32.-Who then commanded the Dale?

Answer. Captain Rudd.

Question 33.-Who was his purser ?
Answer.-McKean Buchanan.

Question 34.-What was the difference in price of gold dust between San Francisco and Mazatlan in November and December, 1848, and January, 1849?

Answer. At San Francisco it was abundant at $10 50, in November. It began to rise, and when we sailed to Mazatlan it ranged from $11 to $12. It brought at Mazatlan about $16 the Troy ounce.

Question 35.-How long were you charged with the custody of the military contribution fund?

Answer. I had charge about from the month of June to the month of November or December, 1848.

The direct examination is here concluded. The accused states to the court that he declines cross examination of the witness for the present, and prays that he be required to produce the papers mentioned in his evidence; and that he may then be cross examined.

And thereupon the court is closed for deliberation, and afterwards opened. The accused appears in court.

The judge advocate announces to the accused that his application is granted, and that the court will order the witness to produce the papers as promptly as possible.

The court instructs the judge advocate to give the necessary order to the witness, which is accordingly done: a copy whereof is hereto annexed, marked No. 1.

The testimony of Purser Forrest is read over to him, as herein before recorded, and is acknowledged to be corectly recorded.

And thereupon the court is adjourned until to-morrow morning at halfpast 10 o'clock.

DECEMBER 21, 1850-Half-past 10 o'clock a. m.

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

The accused is in attendance.

The record of the proceedings of yesterday is read and approved.
Purser Wilson recalled.

Question (by a member of the court.)-Have you any reason to believe that the uncoined gold put on board the Lexington was the private property of Commodore Jones, other than the fact that it was consigned to you by him?

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Answer. No. I knew nothing more about it than as a consignment; and therefore I considered that as a consignment it was his property. Question 2.-Was there any, and what, premium upon silver dollars, over gold coin, at the time of the purchases made by you?

Answer.-Dollars are always passed at the par value. Doubloons were at par at $16 in exchange: calculations are made in dollars at the par value in ounces at $16.

Question 3.-Are the prices stated in your testimony the prices in silver dollars?

Answer. They are the prices in silver dollars, or coined gold ounces at 16 dollars.

Question 4.-You have spoken of the effect of the scarcity of coin upon the price of gold dust in the market. What was about the extent of that

effect?

Answer. It depended on the demand for silver coin, and the quantity in the market. It was worth, while I was at San Francisco, from $10 to $12; and before I arrived, I was told, it was worth only $8.

Question 5.-Do the invoice and the return made to Commodore Jones's agent, which you have referred to in your testimony, exhibit the difference in the market value of the gold dust at San Francisco and at the mint, at the dates therein respectively set out?

Answer. They do.

Question 6.-Do you know what difference there was in the price of it, between San Francisco and Mazatlan, in October or November, 1848? Answer. I do not. I never inquired the price of it at Mazatlan. Question (by a member of the court.)-If you had have had sixteen hundred dollars of silver dollars for sale at San Francisco at the time you speak of, how much coined gold could you have procured for them?

Answer. You could have procured coined ounces at $16 the ounce. An ounce was just as current at $16 as a dollar was at 100 cents.

Cross examination resumed.

Question by the accused.-Did not the coin put in circulation by Com modore Jones at Monterey and San Francisco, in the autumn of 1848, cause a rise in the selling price of the uncoined gold at those places? Answer. Yes, from $10 50 to $11 and $12.

The examination is here closed. The testimony is read over to the witness, as herein before recorded, and is acknowledged by him to be correctly recorded.

The judge advocate announces to the court and to the accased, that, as this witness is absent from his post, at some inconvenience to the public service, he proposes now to discharge him from any further attendance, unless the accused should desire him to be detained.

The accused answers that he does not desire his further attendance; and he is accordingly discharged.

And thereupon the court is closed.

And being again opened, the accused appears in court.

The accused here tenders the following paper to the court, which is read by the judge advocate, and the original whereof is hereto annexed, marked No. 2.

late Sec

"The accused states to the court that John Y. Mason, esq., retary 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-inconvenient 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 Commander Pacific Squadron."

And, no objection being made, it is ordered accordingly, and so announced to the accused.

Purser McKean Buchanan, being duly sworn by the president of the court, is examined by the judge advocate, as follows:

Question 1.-Please to state what commission you held, and on what service you were, in the year 1848.

Answer. I am a purser in the navy, and during that year was attached to the sloop-of-war Dale, one of the Pacific squadron, under the command of Commodore Jones.

Question 2.-Did you leave the station in the Dale, and when did she leave it; did she return to the Atlantic coast directly, and what ports did she touch at?

Answer. I left San Francisco in the Dale on the 14th day of March, 1849, touching at Valparaiso and Rio, and arrived at the port of New York 23d August, 1849.

Question 3.-Have you any knowledge of any dealings or transactions of the accused in gold dust or uncoined gold while in command of that station? If yea, state the particulars.

Answer. The commodore shipped 1,206 ounces of gold dust, on freight, in the Dale, of which he made me his private agent, on its arrival in the United States, to receive it and carry it to Philadelphia to the mint, for his account.

Question 4.-Were the instructions in writing? If so, please produce them.

Answer. They were in writing, and signed by the accused, and are as follows:

"Memorandum for Mr. Buchanan.

"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 50 per ounce, makes 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 Thomas Ap C. 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, etc., on the gold I ship by the Dale, I will thank Mr. B. to remit, in a check or draft, with the treasurer of the mint's certificate of the gold deposited as above, to Mrs. Jones, whose address is Mrs. Mary W. Jones, Prospect Hill, Virginia. "SAN FRANCISCO, March 13, 1849.

"THOS. AP C. JONES.

"MCKEAN BUCHANAN, Esq., etc., etc., U. S. S. Dale.'

"Wrote to Commodore Jones September 19, 1849, per steamer Ohio, to Chagres.

The memorandum at the bottom was made by me, at the time of writing the letter it refers to.

The original of which paper is hereto annexed, marked T.

Question 5.-Did you dispose of the gold in pursuance of these instructions? State what you did.

Answer. I deposited the gold in the mint, and received the certificate of its value, which certificate I remitted as directed by the commodore in the written instructions. The value of said certificate was $21,492, to the best of my recollection: this was the total value at the mint. The expenses I paid out of the freight money in my hands.

Question 6.-Have you any knowledge when and where the said gold dust was purchased by or for Commodore Jones?

Answer. I do not know. To the best of my recollection, I took it from the Ohio on board the Dale at San Francisco, on the evening of the 13th March, 1849-the night before we sailed.

Question 7.-How long had the Dale been lying at San Francisco, and how long the Ohio?

Answer. The Dale arrived, I think, about the 8th of February from the Sandwich Islands; and the Ohio arrived from Mazatlan, perhaps fifteen or twenty days before we sailed. The commodore had shifted his flag to the Southampton, and sent the Ohio with her captain to Mazatlan. Question 8.-Do you know what was the value of gold dust at San Francisco, in current coin, at the time the Dale sailed for the Atlantic coast? Answer. Fifteen dollars the Troy ounce was the market value; it was occasionally a little less; but it was then selling at that rate.

Question 9.-Have you any knowledge of any other dealing or transactions of the accused, while in command on that station, in gold dust or uncoined gold?

Answer. I have not.

Question 10.-Have you any knowledge of any investment made by him of money of the contribution fund, or public money of the United States, in gold dust or uncoined gold?

Answer. I have not.

Question 11.-Had you at any time, as purser, or in any official char acter or name, while under the command of the accused on that station, the charge or custody or disbursement of any gold dust or uncoined gold, for public use, or on public account?

Answer. I had none, whatever.

Question 12.-Have you any knowledge that any gold dust or uncoined gold was disbursed or disposed of for public use or on public account by any other disbursing officer of the squadron ?

Answer. I have not.

Question 13-Have you knowledge of any other fact than those you have testified to, touching the guilt or innocence of the accused as to the use of the public money of the contribution fund in the purchase of gold dust, or as to the disposition of any gold purchased with such money? If you have, state the facts as fully as if you were specially interrogated. Answer.-I have none.

Question 14.-Had you, at any time while the accused was on that command, charge of any portion of the contribution fund; and when and where; and what disposition did you make of it?

Answer. I had charge of the military contribution fund, as I was or had been the collector at Guaymas from January, 1848, to June, 1848about the 30th June, 1848-and I paid over the balance of said fund, amounting to $3,076, I think, to Commodore Jones, by his written order, for which he gave me receipts. The order and receipts are on file in the