The New York Herald Newspaper, August 10, 1842, Page 1

THE NEW YORK HERALD. Vol. VIII.—No, 219.--- Whole No. 3070, WATERING PLACES, &C. ras vy THE FINE. ORCHARD — 10a. - dur- the direction and superinten- It new epen the reception visitors. iS ee achasals deservedly high charac- aired. ns sie ame undergone & ci ¢ and the line of stages will landing andthe Mountain C. L. BEACH, Proprietos, June 13th, 1942. jel Smr BATH HOUNE. CONG TELAND—This Tone and well wel ag and sea bathing establishment, havi i imnpee nt, having re- numerous: ements, among which is the of sever elegant summer hosues upon the margin of Sse Tikemeas seaept of pelvis: beach on th seareeaee on feet security for ladies and children, (the & stoue’s throw of the mansion)— I locust grove adjoining the house di excellent sources Tecreation and of ‘healthful the “Atienti ower bay, almost constantly” enfivencd bY numerous vensels ad, render thie sitwation in every re- fe nieenay np lly Spee FES yooms airy the tempe: of 4 ing but oj distance, ing but nine es itpeculiarly well adapted ex a renidence for 8 WILLIAM BROWN, Proprietor. : FURNITURE GEORGE Ww. DAWSON, making Warehouse, Ne Gt Chatham trees a ner Duane sireet, New York. bal je dst teva yt otf at the above eettlists notice, and on reasonable terms. a St REFINED SUGAR, WINES, & c¢. ti offered to the publi yery Persous in want of said arti find eir advantage to ‘make am early all Shipping orders punctually attended to and packed ca the Mattresses, Bedding, for fitting war ie tices sien Ot ba. ivan far Becied Hand Farniture, and Gentiemen'vand Ludtea?Sast off Clothise: a22 6m?) LLINGTON A. CARTER, Wi dd ini Waite int; Nov Niger streets ne’ door from Wallanen be mee reouires from, if le" finery a quantity of 4 and sincle refined Star, inswall louvres: which he wall coll M4 at his low rates, in parcels to suit buy Oi assortment of superior please. ‘old Lomelino Madeira of Phen Nghe Wises of tre choigeat i Foy agurcaniest “ie Tow paces. Orders for any be faithfully executed. J a sour MMER WINE. r of French Wines of ‘approved ;. BO has removed from his old stand, 61 Nassau street, rieaux Claret and various brands; Bar: e sognac’ Brandy; best quality Soa ea jed Wine for private part of the ‘ity, alsa to those who teay favor him With thete oe “"Wo' Wines are impare sold by him, ax be imports them "(CZ J.B. has opened a boarding house at Hoboken, oppo- site Vanshail Carden, os the tate teed, wheres ne a sortment ofth Lest Wines. Private parties supplied with nn HATS. HATS! HATS! HATS !! comi Proprietors fay fort ntoed Rk of beavers, which se closely rae beaut the Price three iyl2 im*e REMOVAL. PHILLIPS’ CASH T. RING ESTABLISH Is removed from 145 Broadway to No.7 Astor House. IN GENTLEMEN’S DRESS. Garments of a most and Fashionable hind i [asceinaine, SHES nam | ar te Lagan of i list of in ly Pp EO fe tower extensive on |, Will prove « Tae ae Jomn emer nay, Sher "home making ep tend Sie myl3m oy 8s. ILLIPS, 7 Astor House, Broadway LOOK OUT. ° Miche whe hice Tops teat name ‘me ofthat which not enriches tised om dealers. ‘nd othe ge iy Si: Reed pl, Ba Sot oe acs bfare he pubic, which writs xpose ‘imposters, and may 54 thelr wicked Yesigns.” Make no. mistakes therefore S Marshall's only Troy Shire Depot” te alleen car wakewrend wiser neces Hee ont Froy Shirt Depot, is situated about 1 doors from the comer of Soebers piven fi “owne City Half (o> MARSHALL Reet s porrest GATATOUE Oi made Cotton Shirts, with li a 8-8 50-9 10— 50—1 15—-2—2 25 ith ruffle bosoms, can Posaticat is anni eae ae jyi5 im*e TO THE LADIES. eee ets for the Yet presented to the palr cel . CAT CAPOTTE, D’OR- ies both as reget ease AND He a dom An aT oi GINR ELSSLER “ MODINE C, i ‘AGE. Farisanand Kaglih FANCY STRAWS, of the Guest tor Hicite ladies to far sai eteeatrat et cf i ‘* greatadvantage an ‘a great saving to them in Teer RUPE Sage Utaep er aces Ea jiven to Merchants and trade: re eatablishment have adopted & new e to sell thei 7 abot re @iring whic! them 10 Dassen np ay, AN Fu i Maslin Shi ith Lit genni ioe Brg, offered a iy’ IMPORTANT TO THE PUBLIC. ho wish i i Abbi amg Dats bs 2, Vestings an Goods, from whieh Clothing of hide g mae 10 in the best’ manner at ver reel 205, street jel9 3m*r SHIRTS. after reneh SURE nah eatr ah Sear Rae oe HE Store 67 and 69 Maiden lane, comer aime WILLIAM COLLINS. Naval General Court Martial on board of the U. 8, ship North Carolina, Tuxspar, Aug. 9, 1842. ‘This morning before the time appointed for the meeting of the Court, the vessel was crowded with those summon - ed to attend the Courts Martial on various officers, to be held on beard the North Carolina, and various others, to listen to the finding and sentence of the Court Martial, which was to be communicated to Passed Midshipman May, some of these being attracted by curiosity, and oth- ers by sympathy for the accused, whom they judged, from -the reports of the evidence which had been presented to them in the columns of the Henao, to be quite innocent ofany disrespect to Lieut. Wilkes, besides having formed the opinion that Lieut. Wilkes was a tyrannical and over- bearing officer, and very insulting in his depertment to his subordinate officers. About half past nine o'clock, by the ship’s time, Com- modore Perry, at present commanding the steam frigate Missouri, now lying in the harbor, close alongside the North Carolina, came on board, and was received with all the honers, Shortly afterwards Passed Midshipman Mav was called for, and paraded on the deck of the North Carolina ‘in the centre of a wondering circle of Middies, Lieutenants, Captains and Commodores, besides’ a goodly number of civilians, when Com: modore read aletter which he had ‘received from the Secretary of the Navy, directing him to read a letter which was enclosed to Passed Midshipman May. He then read the following letter to the accused, a copy of which Mr. May has kindly furnished to our reporter, and which to the surprise of every person not bee came tothe Court, found ae of the charge preferred by Lieutenant Wilkes, an¢ unsupported by any other testimony than his own,and in contradiction to the characters which were re- spectively given to the accused and te Lieut. Wilkes, by nearly every officer called on the trial, as to Mr. May be- ing invariably respectful, while Lieut. Wilkes was of an overbearing and very excitable temper. The following is the letter, and speaks for itself :— Navy Drrantaent, ‘ 6th August, 1542. th The Court Martial before which you were recently tried at New York,upon charges preferred by the Secreta ry of the Navy, on the information of Lieut. Wilkes, found you guilty of disrespect to your superior, in the execution of his official duty, and sentence you to be pablicly reprimanded, at such time and place as it might leem proper. This sentence has been approved. ‘The offence of which you have been found guilty, all though it involves no moral turpitudeyetrikes at the foun- dation of all disciplin A respect! portment is part of the duty of obedience, and obedien the first law of military service. It is impossible, therefore, that the De- partment can fail to look with displeasure on the conduct of an officer who so far loses his self-control as to suffer himself to be betrayed into 4 respect to his superior, 1am, sir, respectfully, Your obedient servant, U. P. UPSHUR. To Passed Midshipman May, U. 8. Navy, New York. The letter was then handed to Mr. May and the crowd dispersed. Tait or Ligut. R. F. Pinnny Continugp. At 10 o’clock the Court met pursuant to adjournment, and the Judge Advocate read the minutes of yesterday’s P} Lieut. Peni: whose examination was commenced yes- terday afternoon, was then re-called, and proceeded to give his testimony as follows: From that time for the next three or four daysthe weather was exceedingly bad, the schooner frequently being under her fo1 with her bonnet off. Every mo- t that any surveying could be done we were exp ed he Island. We ‘entered the harbor of Falealiti and irvey of it, though at the time it was raining. ished in about three hours. We went to sea, and then went further westward on the island. During a greater of the time the weather was so thick that the peaks of the island did not show, and we of course could make no use ofthem in the survey, and were obliged to trust to the patent log. Two or three times I left the schooner in a boat andjattem) to sketc! hore line, r the twell, Heike fos heavy In obedience te Lt. Pink- ney’s order, I copied my notes in form of a deck board as required by Lt. Pinkney’s order. I made an at- tempt to examine the harbor of Genep, but Idon’t know whether I found the proper entrance. 1 reported unfa- vorable of it to Lieut. Pinkney. 1 wasthen taken sick, and did no more duty. One of theso charts is half an inch ray mie natn other erates an inch. .—Was a board tothe one shown you kept og, oe the pemoctert tt ? was, all exci at one line, and I am not sure about that, though ne have been there. Q.—How did you plot the work of the first chart? A.—I plotted ‘it as I would any other work from the notes. That isthe part which I surveyed. ‘Q.—Were those notes ever forwarded to Lt. Wilkes? A.—I can’t say; Iam not y Q—By whom were those test lines drawn, A.—I don't remember drawing that line, ( 1g to one,) several of the positions are not mine. hey are sitively by some er person. Those lines are not the test lines of the chart. If there were more th an two bear- ings taken, the third would be the test bearing; and ifthe chart was wrong it would not agree. Ther were only Nearly all of those lines on the first ¥ two taken. os) ane ‘ -—By Wie: Dui he tims der the orders of Lieut. Pin id be fa becom zeal to iad the duty in surve; pp Wan : he was exceedingly anxious: to do every thing en and Proper. Q—Did you plot the work from such a decik board, and was there a copy k p@n board? A.—To the first of the question I answer no. The notes were kept after the manner of a Coast Survey, and en them into a deck board of the: proper form mi e. Q.—How was the west end of the first chart plotted? A.—When I plotted the chart I was furnished with a survey of the north-east and north-west sides : one inde ene irk es! by Lieut. Case. -——" n of hi isan’ Mananey where you were taken sick remem! tly, we" had an azimuth on that point, and this line was sketched ahead at the tine I eae taken ad dia Q—How did you kno’ 3 whom wast of w the azinw’h was taken ; and by .—If I remember, the azimuth. off Falealiti, and a line thrown om ip ecrteate oars @ cP. you consider this micient to plot a chart A.—If you have’got nothing better. It isone half; th should be an azimuth there, ay.d one back again to that Q.—Are we to understa. £ 4 ‘ad that notes were only to this A—No. Q,—What other notes had you? A—Thad some notes furnished me by Lieut. Pinkney, anda sketch by t'ae then acting master, Sinclair. They were not in fort, of a deck board. Q—Did a you make both surveys? J all charge of the latter, and was under Licut. Pinkney in, the former. Q—By the Covrt—State the circumstances under which both surveys were made, and what caused the dis- Crepancies between them. A.—The first survey was made in a schooner luring very, bad, | rainy and blowing weather ; we were obliged to trust wholly te the pa- tent log, and owing to the thickness of the weather, could not getany long lines of azimuth bearings: We were not able to use the boats, owing to the swell, and the great danger of staving it in, launching it, an getting it on to the schooners deck, and owing to the Weather the schooner could safely go near the reefs; if 1 remember rightly we were limited in our time. The other survey was carried on in boats inside of the reef; numbers of azimuths were taken, and the distances were connected either by sound or triangulation from measured baser. Iwas also a longer time making the survey, and 7 revioes kmowledge of the ground aided me iu my to Q.—Was this the only instance of th being remade, andif not state mnother, “vs °° "CTY —I understood that King’s Island was resut ed by the Porpoise, and that differed from the cureyeor the Peacock and schooner. Q by Lient. Witxns.—How"was tho weather on your me bea th br blo three Rainy, but not blowing, except for four days I Yelbg inside the reef, did ‘not fool fe bi QW hat was the weather mentioned in your report to Lier.t. Hudson, and relating ‘o the difficulty in sur- vegirght -—That it was difficult, owing to the rain, but I don’t reraiember the language of the report which | recollect making. Q Had you a chronometer? .—No. Q.—Was not a larger proportion of the island thus surveyed on the second survey, than in an equal time bY the schooner? A.—Probably I did. —What was the cause? ‘I made use of the good weather to survey the di Portions. When it waa bad weather, | pulled for the eastward, and filled up the gaps on my ret urn. oan you not say that you had not. more than three A.—I may have said #0, for I don’t think we had more pe Bn ly Sleer days. [have Troquently surveyed oon seraed y & man holding an india rubber coat tie Wane Tour surveying books given in at the same —I ith the last chart to i your com manding officer? chart, foe 7 tghROw the exaet tivo when | gave up the and deat cl all the wharts on the Peacock, The remember w} ee 4 p that particular one. report made by the witness on his return from the pee a’ Was then read, W).ich is of little interest Q—From the difficulties att ridin ou suspect it to be in jeut. Wilkes or Pinkney 7." &"4 did you report it to ‘A.—On my return, 1 Was in eonversstion Wilikes, and t mentioned th at we had nee een ei eieut be — and the survey had been made from the A.—In a survey, no sir,, . a ects rap Q—Have you not seen t” Q—What was the tim rs of the year when the two sur, the first survey, did vert were made, and what isthe fine season at the Navi- rs othe frst ‘was in October and the last in February. 1 cannot say except from hearsay, what was the fine sea. son, as I never was there but on those two occasions. Q.—Was not the weather much worse the last time than the first? A.—I was not te! i cannot therefore say. Q—How many wi schooner employed on the survey till you were taki k, and what Portion of the island was then survey: A.—I do not remember exact number of days. We surveyed, from the eastern extremity to Fi iti, about three-fifths was surveyed or thereabouts. Q,—Could not the boats have been employed inside the reef the first survey,not imeonnection with the schooner, —I_know of not! vent it, if there had been orders for us to go the: rs Q—Were there any o1 A.—None that I know Q.—Were not two boats sufficient to make the survey ? A.—Yes, if they had heen provided with the means, Q.—Were not the boats provided with surveying arti- eles agreeably to the surveying instructions ? A.—So far as I know, they were, My own boat was. Q—Would not it have been safer to have taken the boats inside the reef,than to have taken them on board the schooner ? A.—Yes, ic would have been so nautically. There would have been less chance of staving them, and less chance of swamping them. Q.—Could you not have pursued the survey if sent in- side the Laci : —Probably I could, if the weather permitted. Q.—If the boatshad gone inside the reef, would they not have been separated for long intervals from the schooner ? i A.—Perhaps over night, forty-eight hours or three days, or perhaps they would have lost her altogether. Q—Would the presence of the schooner have been ne cessary in carrying on the surveys of the shores, reefs, and harbors ¢ A.—No. Q. By accused.—Did not the boats go inside the reef as eon as practicable, and whenever it was necessary ? A.—They did not go inside the reef as soon as practi- cable, It would have been advantageous to have had them inside to trace the shore line, but the necessity de- pends upon the closeness of the survey. Lieut. Wikxs here produced some papers which he had not with yeterday. The first was an order for commanding officers in the squadron to report to Licut. Wilkes in writing, dated 29th January, 1839. Lieut. Wilkes stated this had been issued for the purpose of promulgation to the squadron, but he did not know whether it had been promulgated. Q. By accused—Was that order communicated to the accused previous to the 24th Sept. 1839? A.—I can’t tell. ‘The witness also produced the accounts which he said related to the alterations and repairs in the Flying Fish, at Sydney, amounting to upwards ef $3000, and which con- tained various charges for butter, peas, flour, furniture, provisions, beef, vexetables, molasses, &e. Q By tee ourt—What is the tonnage of the schooner? A.—Ninety-six tons, I think. The accounts were not received by the Court, as not bearing on the charges. ‘The witness then produced the following letter, which he had received from Lieut. Pinkney, and which he wish- ed to be received as testimony :— U. 8. Sur ar Fe October 7, 1840. Sin— 1 pa Soe at your house for you a letter addressed to the Hon. Secretary of the Navy. it. Alden has informed me that you are at a loss to know my object in sending that communication to you. I therefore inform you that it was sent to you in obedien to the regulations of the squadron, by which you are constituted the medium of cemmunication between the officers of the E:xpedition and the head of the Department. Viewing you in this capacity, Ih ‘tended to you the courtesy customary in the naval service, of leaving such Papers open for your inspection, and I now request that you will acknowledge the receipt of them, and forward them to the Secretary by the earliest opportunity. 1 remain, Sir, Your obedient servant, to prevent it ? Lieut. U. 8. Navy. Cuas. Wiixss, Esqr. Comd’g Exploring Expedition. The following answer was also read :— U. 8. Sine Vincennes, } ‘ Hanson or Honorvcy, Oct. 9th, 1840. i — Your letter of the 7th inst. requesting an acknowledg- ment of the receipt of an unsealed communication to the Hon. Secretary of the Navy, has been received. ‘The communication you have referred to, after havit been through the hands of several officers, and return again to you, since it was “left at my house by yourself for me,” aving been read by Midshipman May and others, has been put into my hands. Tam atno loss to suppose the object you had in view in thus forwarding it in so unusual and disrespectful a man- ner ; and now inform you that 1 feel it due to the Hon. See! of the Navy, as wellas myself, to make the whole transaction the subject of additional charges to those now in your possession. iam, Very respecttutly, ‘our obedient servant, CHARLES WILKES, Comd’g Expl’g Expd’n. Lieut. R. F. Pisxnny, U.S. ship Peacock. Q.—Who read the communication to the Secretary of the Navy besides Passed Midshipman May ? th A—I don’t know. | und several officers had read ockte ch explanations wie you stated Lanta goer refused ive you, relate to tl] pense ii alterations in the schooner ? ey rte Bry A.—I have a letter from him which I prodace :— ay se tee } Pon pril 5, 1840. T have received your letter of this date requiring exple- nation in regard to the items of an account enc. in that letter, and why such expenses have been incurred. In answer to these inquiries { have to inform you, that those articles were obtained or ordered, and the repairs made or in progress before your arrival, and were deemed necessary by me. Tam i ap R. F. PINKNEY, Lieutenant Commanding. Cuanres Wirxss, Com’dg Expl’ng Expd’n. Q—Did a mark all those articles vou considered un- necessar" A.—I think I did. It is my impression I marked all but the provisions and wood, and I think those were paid by the purser and not charged to Mr. Pinkney. The account was remanded three times. Q.—How did you know it was unnecessary to caulk the schooner ? A-—I did not know it was necessary. It had never ‘been reported to me. It was usual on my arrival at a ort for the commanders ofthe vessel that were there to report to me what irs were in pi and necessary. Lieutenant Comorapder Riggold @ report on my ar rival of his vessel undergoing repairs. r Q—Were you at the Bay of Islands when the repairs were made ? A.—I arrived there on the 3ist March. I think some of Ate made after. I issued orders on the Ist bidding any repairs being made. iy Court.—It is material to know whether the re pairs were made previous to your arrival? Witness—I tilink some were made after. -—Would not the operations of the squadron have been yed if he had waited for repairs until your arrival? —I think not. 1 was never in the habit of waiting for any where, except it was to heave her down. Q.—What repairs were made after your A—I am unableto say. Q.—Were any? A.—I presume there were. Q.—Was not it the duty of the accused to repair his ves- sel without waitiug for your arrival from a dangerous cruise whence you might never return? A.—No, Sir. "His orders were to wait tf arrival. eae et any new repairs commenced after your ar- val A.—I think there were. I now remember that the schooner’s mainmast was lifted at the main-yard of the Vincennes. Q.—Was that an item of the bill which yon disapproved? A.—It was not. It was done by the ship’s carpenters. Q.—Did not the accused point out to you the repai when youfwere on board the Flying Fish ? A—I don’t think he did. Q.—What alterations were made in the schooner; and why were they made ? A.—I don’t know. I have had no explanations. Q—Did you not say yesterday that they were made for the eonvenience of the officers, and to e the schooner more flashy ? AI me they were made for that purpose. Q—Why did you presume they were made for the con- venience of the officers ? From a report. It was the general talk. Q—From whom did you hear this general talk ? A.—I can’ttell now. Ligvr. Hupson called. 1 was on a survey on the tender ,“lying Fish, sometime in September or October, 199, at Pa'peite, with Lieut. Emmons and Lieut. Case, and Mr. Lev vis.’ We examined the muskets and condemned all, f think". butthree. They were in a very bad condition. We survey "ed ome com} and condemneu them. I don’t tecollec,* the number, and I think some sails, but 1 am not itive. I madea roport in writing. The articles were ‘a exce, “dingly bad state, and were condemned in con- uence of veing inthat state The schooner was wet, and ‘Mr. Pink'ney stated that he had repeatedly cleaned them and cout. not keep them in better order. They did not, however, k..0k at the time as though anything had bec done witht:tem. Mr. Pinkney took command of the schooner at Callao, yin June, 1889, almost three months be- fore the survey. 1 think when he took command, the schooner had just ben a ti some repairs under Mr. Knex, {saw het when Mr. Pinkney was in com- mand, and I think we had just set up a ang and main rigging. She was ach order as @ small vessel enerally 1s, Mr. Pinkney wasordered@ff in a re 'e was fitted out in such a manner as he could get al ong with. Allthat! know of the schooner was, that she | on @ Saturday in ordinary order, with some scientific entlemen. Thad not seen her arms at that time. In re- fation tothe surveying of Upelo, the witness said—I know that Mr. Pinkney received orders to survey tee South side of Upolo. I carried his orders to him for that purpose at 12 o’clock at night, in the harbor of Pangopango,and sent a : NEW YORK. WEDNESDAY MORNING, AUGUST 10, 1842, boat or boats and officers from the Peacock the next morning to assist in that survey; I met Mr. Pinkney the next day, about one o'clock, off the east end of Upolo, he was working round the east end to get to the south side, and I was to run round the north side to the west side; I met Mr. Pinkney again some days after; 1 boarded Mr. Pinkney some three or four days ufter, broke him off’ from his survey and took him offto the Island of Saavi; I was in pursuit ut that time ofa noted Chief, who had killedsome ofour men; | took Mr.Pinkney back,and told him to finish his survey, and bring it up to the Island of Apia; I went there, and I think, while there, Mr. Pinkhey came and re- pred to me; I told him he had nothing to do with me; I ad merely taken him for that excursion to the Island of Saavi, and he had not to report to me, the Vincenaes was in harbor; I took charge of Mr. Pinkney’s schooner; took her to the Island of Saavi, after attempting to execute m orders there,;returned with the schooner as far as the Isl- and of Aperunio, ofthe west end of Upolo, there left the schooner, and Jirvctod him to pursue his survey; an or- der from Lieut. Wilkes, directing Lieut. Pinkney 'to place himself under Lieut. Hudson's command until further or- ders was here shown to the witness, who said he had seen it before Lieut. Pinkney had shown it to him; I frequently sent mechanics from my ship to the Flying Fish to make tepairs. Cross-examined.—I don't recollect receiving any writ- ten order from Lieut. Wilkes to see the Flying Fish ready for sea; the general order was to see It fit for service. It was Lieut. Wilkes’ habit to give me verbalorders, but I don’t know that it was particularly te me;'l obeyed the or. der to make the schr. ready for sea at Callao; I did not plsce the mats on her rigging or slush down hermasts; there wasa new gang ef main Higging fitted to her,and the boatswain, who was there was directed to do allthat was required to her;I was allowed the time necessary to get the vessel to sea; it requires very little time for that; f ink the schooner went dredging between the time Lieut. Pi ney: took command and the time the squadron sailed from Collao; I don’t recollect whether any repairs were made on the schooner between Callao ond Otaheite; | went on board the Flying Fish at Mataiva Bay, for the purpose of examining her kelson; they had cleared away about the heels of her masts,which were both supposed to work;Mr. Pinkney or Mr. Sinclair teld me they were under the im. preasion that the step ofthe mastwas workingin the kelson; there were a number of mechanics at work on board of her; she was caulkmg'at the time. There may have been some things out of the hold, but not a general clearing out. | think they were not clearing out the hold. believe some of the water casks were on shore repairing. It w easily seen that the schooner’s kelson ; two casks removed from the step of the mast would shew that. ‘The hold was cleaned and whitewashed at Papeite, which makes me doubt that it was cleaned at Matavia. I don’t recollect whether the order to heave down was at Matavia Bay or Papeite. I reported after the examination ofthe steps of her masts, that she ougkt to be hove out, and that her main-mast was sprang. Idid not report to Lieutenant Wilkes that ¢ sed had neglected the sails, rigging &c. Lieutenant Wilkes complained to me of their state. 1 may have mentioned it to Lieutenant Wilkes, but I have no recollection of it whatever. - I don’t recollect whether I was ordered to enquire into the reasons why the sails, &e. had got in such ; if we were ordered to do so, it wasdone. The report of the survey was sent to Lieuten- ant Wilk The schooner had no arm chest at that time. little room abaft of the cockpit, on the lar- which, I understood, they were kept, but I 1 presume the schooner had a binnacle pre- vious to her arrival at Papeite. ‘There was one afterwards made for her. I think it is likely | furnished her with one at Navigator's Island. Questioned by Lieutenant Witxes. T stated to Lieutenant Wilkes that the vessel required extensive repairs, and was much out of order, though I don’t know that those are the precise words. There was a room below on the larboard side where | should think the arms might be kept in racks, but I den’t know that she had racks at thattime. I don’t recollect sending my sail makers on the 224 of July; they were frequently sent by order and sometimes without, at the request of Lieuten- ant Pinkney. We had good weather at Apia the first time, there may have been a day ortwo of rain. The last time was very bad ; we had four or five good days out of about eighteen or twenty that we were there ; the rest were iny. The first time we had some rainy days. it was eely, understood, 1 believe, through the squadron, at no verbal orders would be given, or reports received onjspecific duty. I have to say that on'specific duties, or- ders would be givenin writing, and the reports received also in writing. This was so understood, because it was to done generally in all cases of surveys, and much of the other special duties of the squaron. ‘Tthink it is very probable that I diverted Lieutenant Pinkney from the sur- vey of Upolo, by averbalorder. 1 think there was an or- der issued that all communications should be in writing, but I am not positive. The Court then adjourned till 10 o'clock to-morrow morning. General Sessions. Before His Honor the Recorder, Judge Lynch and Alder- men Purdy and Hatfield. James R. Whiting, Esq., District Attorney. c the Rev. Mr. F Henry M. Western, Esq. rose and addressed the Court, stating that he had seen his name published as having been engaged to aid the District Attorney in the prosecution of this case whenever it should becalled up, and he rose merely to inform the Court, as well as the parties concerned, thet although he as Counsel for Barthelmey and De Bul- lion in the pre cause when they were convicted of libel, yet he should not assist in the prosecution unless specially assigned by the Court for that purpose, and also requested by the District Attorney to take part with him. He expressed the highest feelings of respect for Mr. Whiting, and denounced, jin the strongest terms, the at- tempts to implicate him in the charge of subornation of jury. Pt Wenr NG replied, that he should not, under the cir- cumstances at ing the case, take part inthetrial, but should write and request the Attorney General of the State totry thecause. He also stated that Mr. Wi would be called upon as a witness during the his evidence was of importance. He eoncluded by ing that the conduct of Mr. Verren, as well as his own, in this transaction, would prove to be clear and correct when the ends of justice had been attained. The Recorper denied that he had tal in the finding of the bill of indictment ag: ir. Verien, on the attempt to find one against Mr. Whiting. That th affidavits jwere taken by him without his knowledge of their contents, and that no person was sent for from B well’s Island to attend the grand jury as a witness by his juest. judge Lyxcu said that he believed that the foreman of the grand jury had requested the court to send for De Bul- lion, whic! juest was granted. This general explanation having ended, the court pro- cgeded to business. Burglary in the Third Degree.—An Irishman, named William Davis, who said he was a weaver by trade, took his meals in eating cellars, and in Cross street, was tried for breaking into the workshop of Stephen Bushel, 49 Robinson street, on the night of the 22nd ult. and steal- ing two odd boats, worth $6,75, which were found in his possession. He was found gujlty, and sent to the State prison for two years. An Ungrateful rascal.—An Irishman named Matthew Lynagh met Mr. John Power on the 16th ult. in the street, and not having been seen by the latter for several years, and stating that he was in distress for want of food, Mr. Power invited him to his house, No. 15 Pell street, and re- quested his wife to furnish him with his meals until he could find employment. He returned to dinner the same day and requested Mrs. Power to obtain some water for him, and during her absence stole two silver lepine watches that were hanging up in the room. He pawned one at the store of a Jew in Catharine street for four dol- Jars, on conditions that he should pay eight dollars when it was redeemed ; and when arrested the other was found in his possession. He confessed the crime, but there be. ing adoubt as tothe value of the watches, the jury return- ed a verdict of guilty of petit larceny only, and the court sentenced him to six months in the penitentiary. Stealing a Clock.—A black fellow named John Evans ‘was put on his trial for stealing a brass mounted clock, worth thirty dollars, from George Alter of the Apollo Sa- Joon, on the 10th of May last. The clock was found in possession of Robert Washington, another colored man, who testified that he received it from Evansto sell. A co- lored woman who lived in the house with Eva ted that he bought the clock of a white man, to whom he four dollars. Officer Sweet testified that Evans told him that a clock had been stolen from some part of Canal st., and that it could be found in Bob Washington's house, — ‘The Jury returned a verdict of not guilty. Burglary in the First Degree—A loafer named John Dann, without shoes or was tried on the above charge, for breaking open the shop door and dwelling of Mr. Lewis Sch: it, upholsterer, 51 Chapel street, on the 16th ult. One of the city watchmen found prisoner in the street with a bundle, at a late hour of night, and on ac- costing and landing him in the watch house, a number of cards were found in a coat pocket, on which was the name of Mr. Schaeffer. The watchman returned to Mr. Shaeffer’s residence, and awakened him, when, as the lat- e went to loek for h and they were 's coat and it was goné, for his pocket handker- he was compelled to weat he had no other boots. ch house, he found his boots on prisoner's feet, and hi , handkerchief, and one of his wife’s gowns in a bundle, also in his possession.” The jury, without leaving their seats, returned a verdict of guilty, and the court sente..ced nim to the State prison for ten years Uttering Counterfeit Money.—Bob Lundy, the notorious rogue, and who has just served aterm of years in the State Prison on a charge of burglary, was put upon his trial for passing counterfeit money, impleaded with a young man named Lewis J. Morrison. It was age by rosecution that two counterfeit notes of the Suffoll Bounty Bank of Massachusetts was passed at the barof the Chatham Theatre on the night of the 17th of June last, by Lewis J. Morrison, one of the persons impleaded in the indictment. Officers Durando and Stokely arrested them at a house of ill fame in Grand street, when a package of five counterfeit notes was thrown from the window ofthe room in which Lundy and Morrison were at the time they were caught Lewis J. Morrison §the young man Lundy, was called for prosecution, who first saw Lundy about nine weeks: since, and was intro- duced to him by Wm. B. Traverse. I then saw him on Monday again, and during the week several times. I met them both at St. John’s Park, and Traverse told me that Lundy had talked to him about counterfeit money. [ saw Lundy the next night, when he said, “ ee yon know what Bill and me have been saying about the coun- terfeit money?” He said nothing to me that nighi about ssing the money. 1 met.Lundy afterwards at St. John’s Park, ‘and he told mo that the counterfeit money would be out in a few days, that it was w got up, and would be brought down in a few day’ @ said that Tra- verse was going in with him, and that he wanted me to go poe or part gone, for chief and it was gone, and thi slippers to ‘the watch hor That when he got to thi in with a man named Pete—that the plan to pass them off was to take but ove note at atime, and thea buy about a shilling’s worth and obtain the change—that | was to have half the goed money and half the arti purchased, for assing them off. He afterwards told me that Traverse ad given it up, and then wanted me to go in with him. | afterwards saw Traverse, who said he would have nothing to do with Panay as he had been in State prison. 1 saw Lundy on Wednesday evening in company with Peter O’Brien, and the arrangement was, that he should keop the counterfeit money with him. | was to take one not at atime, and on passing it off, return to him with t change and then take another note. This wastg avoid suspicion in case | was arrested, as there would be but one note in my possession. In the afternoon he gave me $34 of the counterfeit notes, which were entirely new, and uncolored. He told me to take some tobaceo and brandy and put it in a basin, and then draw tBe bills through the liquid twice, which would give them proper color. The next day I passed off a number of the notes and paid the money over to him. 1 passed two ut the Chatham Theatre at night, and redeemed them the next day on application of the bar tender. On the day that we were arrested, Lundy and myself were in a room in the house in Grand-street, and when the officers came a stairs, Lundy swallowed the two bills that I redeemed,end then threw the roll of notes, found by the officers, out of the window. Lundy said he paid $30 per $100 for the money. i F Cross-examined—I am 19 years old, and have resided in ‘Amst Montgomery county. When I first came to in the store of Mr. ks, where [ remain- I was afterwards with Mr. Lee, where I ed seven months; I became acquainted with Tra- verse atthe boarding house of his mother, about twelve weekssince. Icolored the bills that Lundy gave me in the afternoon, and then returned them to him. I passed off nearly the whole of them that afternoon and the next day; the bills were colored at the house of Mrs. Traverse. Ws. B. Travense was called and sworn—I live with my mother in Broome street; [have known Lundy for four- teen years—since | wasa boy. About nine or ten weeks since, while with Morrison, I met Lundy for the first time in five years. Me then asked me what my situ- ation was, and,I told him that I had been out of employ- ment for nearly a year. He told me that he hed a plan whereby I could make money, dress like a gentleman, and nobody would know any thing aboutit. He told me he had just come out of State prison, and that if I would join him in passing counterfeit. money, it would be a good thing for me, He said there was no danger, as I need not take but one note at a time, and if arrested he could ob- tain men of standing who would swear they had given it to me, or he vould get good men to go my bail. He said thenotes were coming down the river, and that they were regular “ out and outers”—that is, first rate counter- feit money. Cross-ezamined—| have been in Texas; held the com- mission of Lieutenant in the army, and also sold goods on commission; I did not tell George Beardsley on my return from Texas that the best thing he could take to Texas was counterfeit money. James 8. DickeRsox, a young man, was called and sworn—I am a clerk ina store corner of Bowery and Di- vision street, where Morrison passed one of these notes. Several other persens were called, who also stated that they had received counterfeit notes from Morrison. ‘o defence was set up by prisoner or his counsel, and the jury, without leaving theirseats, returned a verdict of Guilty. The Court immediately sentenced him to the State pri- son for the term of ten years. Anolle prosequi was then entered by the District Attor- ney in the case of Morrison, and the Court adjourned till Wednesday at 11 o'clock, it being the last day of the term. Special Sessions, Before Judge Lynch and Aldermen Purdy and Hatfield. aust 9%.—Thomas MelIntee and John Wright, for ite, were sent up for 6 monthi ap and silk handkerchief from the was forw: rhott convicted of stealing a shawl from the store of H. W. Gray, andthe former sent up for 6 months and the latter for 2 ; James Watson stole a gold finger ring and some money from John Lalpin, was sentenced to 2 months; 6 Thompson, for beating Patrick Keenar, was held to in the sum of $200; George Barnes, for assaulting Catharine Keyser, was sent to the city prison for 10 days; William Reed stole a brass faucet from the store of Messrs. Force & Son, Was sentenced for 2 months; Margaret Da- vis stole a pair of ear-rings, &c. from Margaret Mather,and ‘wassent up for 3 months; Maria Wilson and Mary Smith were convicted of st a bundle of clothes from John Treadwell, was sentenced to 4 months; Bernard Smith, a boy, was sent to the city prison for 30 days for stealing apiece of chain cable from the sloop Hetty Marsten; George Sands, Yor beat ng John C. Fink, was sent to the city prison for 10 days; John White, for stealing a coat from the sloop New Jersey, was sent up for 2 months; Pete Johnson, alias Brewster, a negro, was sent intothe city prison for 6 months for stealing some boots and shoes from Edward Bishop; Joseph Clifton was sentenced to 2 months for stealing some carpenters’ tools from Calvin Hoyt; Louis Gardiner, black, for stealing a cloak and handkerchief from John Mack, was sentenced to 3 months; Martin Culbert, for beating his wife, was sent up for 2 months; John McGrath, for stealing an iron clasp from the floating dry dock, was sent up for 2 months; two blackeys, named Cesar and Prince, were brought up for trial, but at the earnest solicitation of their Counsel, the put off until the next term of the Court. urt then adjourned to Friday morning. Saratoga Springs. [Correspondence of the Herald.] Saratoca Srrinas, Aug. 5, 1842. The doings and Company at Saratoga—Animal Magnetism. Dear Bennerr:— Your ever welcome Herald reached here this day at the usual hour, and from the avidity with which it was sought for by all, one would imagine it to be the only paper published in the good city of Gethar, but as that is not the case, we can only account for its great popularity by an admission of the well known fact, of its containing all the political, com- mercial or local intelligence worthy of any interest. Of this the news boys here seem to be aware, and are extortionate in their prices, frequently demani- ing 124 cents for a single paper, which is readily given. As you have expressed a wish to have some one inform you of the daily events transpiring here, I will comply with the request, and should it either amuse or interest your readers I shall feel myself amply repaid for my trouble. — i 1 am now setting in a srug little room at “ Union Price Two Cents, to supply the demand for making these very seemly appendages to prop og the ladies’ dresses. ie the little whig thumb paper of this morning the editor gives notice that he will no longer publish the arrivals at the Congress Hall, because that house has “ withdrawn its patronage from his paper.” How litde and contemptible is such conduct, for whigs as well as democrats want the daily arrivals at all the hotels published, that they may know Where to find their friends when they ‘arrive. ‘This little act of the editor will increase the number at Congress Hall; for although I am not acquainted with the gentleman who keeps that excellent house, were I now to arrive here I should stop there. ‘This is a pleasant place in summer, and rendered | *till_ more so by the numerous, intelligent and re- spectable visiters who attend ‘from distant places; they contribute §much to each other’s comfort by kind civilities. e have a splendid band of music every mornii at the Congress Spring, played by darkiea; man’ a them are good looking men, but very much di: 4 red by the manner in which they are shaved. Some have spots of long coarse beard on the upper lip, some with such spots on different parts of their faces, some with whiskers sufficiently large for floor mops, &c., 80 as to appear as odd and as ridiculous as possible. Would you believe it, that many of the would-be most Buckish and fashionable whive beaux here are surpassing these darkies in the odd shapes and ugly bristly spots they have on different parts of their faces! [t is nevertheless true, for | do agsure you that some of them have the most un- seemly whiskers or spots of beard that you can pos- sibly imagine. If ladies would keep such men ata great distance, it would most effectually abolish such a savage fashion. e Sei Many amusements are feavided for the visiters to these balmy fountains. Nine or ten pin alleys are in many places, some labelled “ ladies’ saloons,” at which some of them play frequently and freely, and it‘is said that some young clergymen take part in these games of amusement. . Many of the hotels have reading rooms, where your popalas paper is daily tn for with eager- ness. [tis a matter of regret that in some of these rooms smoking is permitted with impunity. In the reading room at the Tremont House in on, which is not surpassed for comfort, &c. by any hotel in the United States, notices are posted up prohibit- ing smoking. Would it not be of great benefit to travellers if this rule was enforced in all the respec- table hotels. The smoke of tobacéo is naturally offensive to those who have not acquired the unnatu- ral, unhealthy, and filthy habit of using it. For fear I shall be too tedious, and occupy too much of your time, I close, hoping you, or some of your numerous correspondents will write something upon this sub- ject. Yours, very sincerely, Ropericn Seventy-Six. Lexington, Ky. [Correspondence of the Herald. J Lexineton, Ky., July 21, 1842. The Herald—Temperance—A Row in Embryo—He- raldry—Mr. Clay—Concerts—Mr. Braham—Af- Sair of Honor---Banks—Exchanges— Price of Pro. duce, and Kentucky Bonds. Dear Benner :— We are without any thing here to dispel the mo- notony of the dullest summer ever remembered, except the New York Herald. Your paper is the enly one looked to for news, and a true picture of the times; your money articles are conaidered the chef d’auvres of the mawarepet press. Injustice to your subscribers you should have an agent here to sell the Herald, for their papers are worn out and unfit to file before they are two days old. The Washingtonians or reformed drunkards, held anextra meeting last night to take into consideration the spiritual state of their society, amer d their con- stitution, and read out the names of the members who had broken the pledge. The meeting was ina fair way to} brake up inarow, when our worthy Mayor mounted the rostrum, and made an eloquent appeal in behalf of the pledge breakers, which re- stored order and harmony in the society. His honor was only in favor of members res it asa medi- cine, and thought they should be allowed to pre- scribe for themselves. One of the members pro- duced a certificate from an eminent joey mite showing that his health required three or four juleps perday. His occupation being a greasy one, they granted him the privilege of three horns per diem. We have had a series of lectures on Heraldry, which has produced considerable excitement among our nobility, and in the absence of business or amusement, some of them have determined to re- vive that honorable and ancient art; although they have followed the ancient division of shields, they have totally changed the tinctures and figures, thus adapting the science to the present urgent wants of a society distinguished for its advancement in every thing necessary to constitute a select aristocracy. The king at arms is Harry the Great; the number of his pursuivants of arms (in the infancy of the science and the small extent of the select little group worthy of armorial bearings,) is limited to one man; but heralds extraordinary are appointed in emergencies, such as the investigations of pedigrees, citations ontumacious ladies before the star chamber, and the issuing of letters patent of nobility to distinguish- ed loafers and financiers. But my present business 18 to communicate to your readers such information as may enable them when they favor us with a visit, to mingle with our noblesse, and if need be become i part and parcel of that highly distinguished so- @ety. Beat by blazoning the shield of King Harry. The field is or,and argent; in the dexter chief a lion rampant, inthe sinister a cock crowing for Novem- man ber, 5 Next comes Oily Gammon. His shield has for its field a large plate of beeswax to adapt it to all improvements by the facility with which its face can be changed; in the dexter chief sits Oily Gam- mon; in the middle an eel slipping through a man’s hand; in the base a chamelion. ro The tribe of Judah is represepted by Benjamin bearing the breast plate of the twelve tribes, with & shield of ermine parted by a ben dexter with various Hall,” writing, whilst the rain is pouring down in torrents, and giving the place an appearance of de- solation. The weather 1s extremely cold and fires are rendered necessary to be comfortable. x Great additions have been made to the “ Union” within the last year, and the gentlemanly proprietors are reaping the benefits they so truly deserve, for the expenses incurred in alterations—the house is now filled to overflowing—so that many of the guests are obliged to lodge in some of the adjaceht tenements. Amongst the many distinguished visitors here, are Mr. hay, a well known cotton dealer in your city, with his two lovely daughters, who excite’ the admiration of all; Mr. J— » Mr. R-——t, and Mr. H—y, are also here. A Mr. Johnson has been entertai the boarders to-day by a lecture upon Animal Magnetism. Several experiments were made, some of which were successful; his subject was a young man who formerly accompa- nied the celebrated Dr. Collyer in his tour through the United States. The audience were inclined to believe there was a collusion between the performer and some of those who surrounded him, anda com- mittee was therefore appointed to report the answers given to questions propounded by Mr. J.,but as their hearing was not sufficiently acute to understand the answers, « Mr. C——k volunteered to supply their places, which he did, and readily interpreted all the groans, gestures, &c. of the lad, into intelligible re- plys. The result of all this was a conviction to those wwlip witneased the experiments, that Animal Mag- netism is as great ahumbug as Joe Smith and his golden Bible. At the United States Hotel, which is the crack hotel of the place, they have about two hundred and fty boarders, some of which are the ¢lite of New York City, and the remainder consist mostly of moustached puppies,who ot course make themselves ridiculous int their foolish attempts at witticism.— The proprietors were placed in rather an unpleasant predicament to-day, in consequence of some thirty of their waiters striking for higher wages; and at two o’clock, the usual hour for bee the chairs were to be seen upon the tables, instead ot the rich dishes usually found. The difficulty was, however, removed, by the assistance of the houses in the vi- cinity, who with a most generous spirit, each sent some Of their attendants, and at about four P. M. the guests had an opportunity of gratifying their vo racious appetites. " 7 Balls were given last evening at the United States and Congress Hall—the former presence far the most brilliant array of beauties ; the most attractive of whom were the Ci aay, ae B—t, Mi C—t, and the Misses G—, M—-, Miss P-—t, was also there, and did wonderful execution with her large and lustrous blue eyes. Amongst the gents were P——m and Mr. B——t, &e. For the last five days we have had unpleasantly cold weather for the season, but there seems to be some artificial heat, however, created between the editors of the the two newspapers. printed here They make a great bustle,‘and kick up a considera- ble dust about the “bustles,” which are in common use amongst the fashionable ladies, who are from almost every part of Christendom. There is no good reason that editors should be so much troubled about this fashion. The excitement, if any,should be between the growers of wool and of cotton, as the neg of that which is preferred must improve, a large quantities of the raw material will be require figures, among which is a full grown motto, “Habet ‘salutemque Vitam perpetuat My at- tention was taken by the shield of a little fat Scotch- man, who sits under it in bank, where it may be seen, alongside of ahackle bearing the motto, “quis quis ipso curet,” the field vert, figure a dog following his master; his pedigree goes no further back than himself. His son-in-law the Beau Brum- mel of Lexington, has a pasteboard shield, with a mule rampant gardant, motto, “illo nomen peri- bet.” v Our principal broker has a golden shield, with a monkey shaving a cat in the dexter chief, at the base a weasel and a fox asleep; motto, “ money makes the mare go - i f The Good Samaritan has a shield of precious stones, bearing the inscription of his good de: conspicuous in large letters. His motto stands forth in ** munda damno scelerato vivamus et melius pau- cioribus confidere.” Sei Mr. S. has scarcely a title to nobility; he goes the independent figure. His shield has a brazen face, with a tincture of patent medicine in the dexter chief, and an_Ishmael’s hand in the base; motto, “omnia omnibus.” Mr. Braham gave two concerts here at the Pho- nix Inn, which were attended by the elite of the city. Afterthe concert an affair of honor with the fists came off in front of the hotel between two = tlemen of this city; a lovely and accomplished lady was said to have been the cause of theafiray. Our banks are sound and paying specie; they are Sage | checkson New York at 14 per cent premium, have increased their bullion since they resumed. As it may be of service to you to know the value of produce, I annex the prices of leading articles. Hemp, $80 per ton; flour $3 per bbl; bacon, hog round, 24 cents; whiskey 124 centsper gallon; brandy in demand with loafers; Grant’s and Cornwall” candles no sale; city bonds no sale. The brokers and insurance company are buying railroad and Kentucky thirty year bonds at 85 on credit. Yours, &e AMBULATORIUS. Packet Ship ®, James, New Yor, August 8, 1842. m To James Gorton Bennett, Esq.:— Sr * T had business on board the packet ship St James yemerday, and on my bei of bee 1 asked some of the passengers regardu eir passage. was informed by them that they had a Jong passage through contrary winds, &c., so much so that most passe: ‘ot entirely out of provi- pty "The sara, me Sebor, (tor which too be said,) very kindly furnished them ie anesy tiles they eeded immediately he was acquainted of the cireumstance. I unde; this is usual with all our captains under the same cir- cumstances; yet from the promptitude he furnished them one day, with a fat calf made into sea sh and another day with fine pork, vegetables, with al the little necessaries, such as tea, coffee, sugar,&c., and with every attention persosally ¥ the sick or ailing from the sea voyage, &c.,I think should not go unnoticed. Many of tl if they passe! were going to sea again, they owen wait Tea- sonable time to go with him. If you think this worthy your notice, I hope you will give it place in obl your valuable paper, ry os" ,92 Fulton st