Court Martial Of Farnifold Green 1827.

On November 1, 1827, Philadelphia, Midshipman, Farnifold Green stood before a general court-martial while the charges were read. The charges were; Conduct unbecoming a gentlemen an a officer, and Disobedience of orders. ( The specifications of each charge will not be read here.) Farnifold Green answer to the charge was “Not Guilty.”, The first witness came forward.

John White, was ask a question. State if you please the circumstances referred to in the specifications, so far as they occurred within your knowledge.

Answer, On the 16th day of December, 1826, in consequence of its being reported to me that there was a disturbance on board the Independence, I went to the midshipmen’s mess room, and inquired what the disturbance was. I was answered by some one whom I did not then know, “Who are you? you are the ghost; avaunt! thou ghost!” He followed me out on the main deck; it was Mr. Green; and said, “I’ll let you know who I am; my name is Green, Farnifold Green, of North Carolina, and care for no northern officer.” He said, “Who are you?” I answered, I would let him know to-morrow. I advised him to go to bed. Finding he was going on with abusive language, I quit him and went to the cabin; he appeared to me to be in a state of intoxication, which was the cause of my forbearance. The next morning, on my way to the office to report Mr. Green’s conduct to Captain Crane, commandant of the station, I was overtaken by Mr. Green, who apologized for his conduct the evening before; in consequence of which I forgave him, on condition that nothing of the kind should again occur. We both returned on board the ship; I then directed Midshipman Justin, the executive officer, to make known to the midshipmen’s mess that I had overlooked Mr. Green’s conduct, on condition of his not offending again.

On the 23d of December I had company in the cabin, and heard a great disturbance in the mess room. I went into the mess room to ascertain the cause of the disturbance; I was accosted by Mr. Green with, “Who are you, and what right have you in my room?” I expostulated with him on his conduct and directed him to be quiet, threatening to make use of coercive measures if he were not. He followed me out from the mess room, repeating a great deal of abusive language; I could scarcely understand what he did say. He then said, “I am Green, Faruifold Green; and ready to see you or any northern officer.” I asked him in what way; lie replied, “In any way;” and, after a pause, “in any way regarding duty; but, remember, I am Farnifold Green.” I told him I thought he was blue Green; I believe lie was then intoxicated.

On the night of the 19th of January I had company on board, who quit the ship about twelve o’clock; at about half-past twelve I was partly undressed, going to bed; my servant came in to Consequence of what he said, I went into the mess room. Mr. Green was up when I first went in; I told him his conduct had been of such a nature that he deserved a thrashing, but that his insignificance protected him. He answered, “ You thrash me!” and threw himself into an attitude for boxing, and said, “now come on.” He shook his fist in my face, and said, “I’ll crush you to hell, by G--d!” I directed him to be quiet and go to his hammock; he refused, and made use of a great deal of ill language which I do not recollect; as I was in ill health and not dressed, I returned to the cabin to put on my clothes; I directly returned to the mess room, ordered him to dress and follow me. He opened two or three drawers, and was a long time poking about after waiting some time he announced himself ready to follow me, which he did, upon the spar deck. When I came to the gangway, the usual post of the sentry, there was no sentry there. Finding no sentry there I returned with him, and saw him into the mess room; I then proceeded to the marine barracks, and requested Captain Harris to furnish me with a file of marines; he sent down a file of men, and Mr. Green was put under charge of one of them. I made my report the next morning, of the circumstances, to Captain Crane, who ordered me to suspend him; to confine him to his room; to keep a sentry constantly over him, and not to allow the sentry to quit him for a moment and to see that he had no improper communication with any person. The orders were carried into execution. I thought Mr. Green intoxicated on this occasion.

On the evening of the 26th of December I was sitting in the cabin writing. Mr. Green came in, and requested permission to go on shore, which I refused ; told him he was on the sick list; he answered, then I can’t go sir; I said, no sir, you cannot; he replied, in a very supercilious manner, it’s very well sir. I answered, it is very well sir, and you cannot go ; he then quit the cabin. I sent for him, the next morning, and inquired how he came to go out of the ship last night; and if he had the permission of the surgeon. He said he had. I told him Dr. Kearney told me he had no permission from him. He then said, he had reported his having been out to the surgeon’s mate, when he returned. I have not a distinct recollection of what occurred on the 30th December; I believe it was on that day I left the ship in charge of Lieut. Grant.

On the morning of the 20th January, after the orders of Captain Crane had been carried into execution, I found a jug of brandy on the table, in the mess room. I took the brandy; Midshipman Green, then under charge of a sentinel, abused me with insulting language, and asked me what right I had to take his brandy; told me I had no right in the. mess room; it was his room; the next morning, I sent and intercepted a jug of brandy and cider.

On the 2d day of April, 1821, two of the midshipmen requested permission to go on shore, which I refused; on their return to the mess room, they stated that they had been refused permission to go on shore. I heard Mr. Green say, “Don’t you mind him; go, by G--d! go; you are fools, if you don’t go.” I do not recollect which of the midshipmen it was; I believe Mr. Young was one of them; there were a great many midshipmen there at the time.

On. the evening of the 29th day of December, as Mr. Green’s name did not appear on the sick list, I inquired of the surgeon1if Mr. Green was fit to go to duty, who answered in the affirmative. I sent him a written order to go the next day on hoard the Warren; gave the letter to my servant. Mr. Green did not go.

There were written regulations, in respect to fires, on board the ship; but I have not them with me. I gave verbal orders to Mr. Justin, the executive officer of the ship, to have the fire put out, in the mess room, at nine o’clock; sometimes I would allow particular individuals to have a fire until ten, the officer to whom the privilege was given, being responsible for its being extinguished at that tune. On the morning of the 20th January, at half-past twelve in the morning, I found a fire burning in the mess room; nobody up in the mess, none but Mr. Green: I had it extinguished about two o’clock.

Cross-examined on behalf of the accused:

Question. You say that, on the morning of the 20th January, you reported to Capt. Crane the conduct of Mr. Green on the preceding night; repeat what you did report to Capt. Crane.

Answer. I reported the facts that occurred, and which I have here stated; but cannot recollect the particular language used.

The next witness stepped forward.

Mark Hale, a midshipman in the navy, was asked a question; State the circumstances connected with the specifications.

I cannot remember the particular dates of the transactions; I remember one night Mr. White came into the door of the mess room, and asked what the noise or disturbance was. Mr. Green asked, “Who are you sir. are you the ghost?” Mr. White replied, “I will let you know to-morrow morning, by God.” I do not remember anything more that passed on that occasion. I do not recollect whether there was a light burning in the mess room; I should think there was light enough to distinguish the person of one coming in, unless the hammocks should prevent it.

On one previous evening Mr. White came into the mess room, and asked what the disturbance was. Mr. Green was sitting near the door in a chair. Mr. Green told Jack, the mess boy, to rub his feet Some conversation passed. Mr. White, I think, asked Mr. Green what was the matter. He replied that his foot was cramped: presently he got up, and they both went out on the gun deck. On one night subsequent, I had been on deck till 12 o’clock, having the watch from 8 till 12 P. M. I was relieved, went below, and turned in on a settee, near the mess room door. Mr. Green was sitting near the stove when I went in: there was fire in the stove: Mr. Green had a stick in his hand, about a foot or two in length; presently some one came to the door and knocked. No one bid him walk in. Mr. Green was then standing near the door. The person opened the door, and. Mr. Green threw the club towards the door. I soon discovered, by the voice, that it was David Trusty, Mr. White’s servant. He said, “Take care, sir,” and turned and went away.

Mr. Green immediately turned into the cot, which was swung on the other side of the door, with Midshipman Justin. Mr. White and Trusty came into the mess room immediately after. Mr. White had a lamp in his hand, and asked where is he? Trusty pointed to the cot where Mr. Justin and Mr. Green were, and said, that is the man, I would take my oath of it. Mr. White asked if it was Mr. Green, and Trusty replied, yes sir. Mr. Green raised himself in. the cot and said, prodigious! Mr. White then, I think, told him to prepare for a watch. Mr. Green got up and begun to put on his clothes. While putting them on, Mr. White said, I came in for the purpose of giving you a damned thrashing but look upon you with too much contempt to do it. Mr. Green replied, you dare not do it, and, I think, placed himself in an attitude of defense for boxing: told him if he did do it he would crush him to hell, by God. Some little conversation passed, which I do not particularly recollect. I think, Mr. Green asked Mr. White, if he had to stay on deck, he wished to know what dress to put on. Mr. White told him to prepare himself for a long watch on deck. The night was cold. They went together out of the room, and in a few minutes Mr. Green returned, and, I think, then turned in. The first night that I have spoken of, in point of time, when the boy was rubbing Mr. Green’s leg, Mr. Green went to some one, I think Mr. Key, and asked him for a dirk; he did not state for what purpose nor do I know whether he obtained one. The night that Mr. White came with Trusty, there was a jug of brandy on the table, which Mr. White took, awl either carried out or sent by Trusty. After he had. done this, Mr. Green asked him what right he had to come into his room and carry off his brandy. Mr. White told him, that did not concern him, or gave him some indifferent answer. He then went on, as I have stated before, dressing, and went on deck. Nothing, I think, was said that night about a dirk. I remember Mr. Green’s being arrested, and put under charge of sentry. There was no sentry in the room when the jug of brandy was taken. I cannot say whether there had been any one over him.

The fires were required to be put out in. the mess room at nine o’clock in the evening, unless by special permission of the commanding officer; whenever this was not done, Mr. White would remark, that such were his orders. The night that I saw Midshipman Green sitting by the stove, I had reported to Mr. White the fires out at nine o’clock. I know of no other evening when Mr. Green had fire without permission. On the 3d of April, a messenger had been sent to me from the spar deck. Mr. Green stopped the boy at the door, and directed him to get a chair for him. He said he had a message for Mr. Hale. Mr. Green repeated his order for him to go below and get him a chair. I was sitting at the table, eating dinner. Presently the boy returned with the chair, and told me Lieutenant Bruce, officer of the deck, wished to see me on deck. I asked him why he did not deliver the message earlier; he said Mr. Green would not let him. I turned to Mr. Green, and told him I would thank him not to intercept messages when they were sent to me by any person.

He replied that if he had offended me he would give me any satisfaction I chose. 1 told him he had not offended me in the least; and repeated that I would thank him not to intercept messages that were sent to me. Mr. Green rose from the table, advanced towards me, and said : None of your damned presumption your damned Yankee Varmount presumption. I told him. that I had presumed nothing, and that he must not think of frightening me, for he would have more than he could do. He then advanced still nearer to me, shook his finger very near my face, and said, you are a fool, then turned away, and I think, repeated the same expression. I then told him I should report him, as it was the only satisfaction I could obtain, and did report him. Mr. Green left the ship; the next day he received a communication from the Secretary of the Navy, which he said was a permission to leave the ship.

Cross-examined, on. behalf of the accused:

Question. Do you recollect any verbal order to Mr. Green, or any general verbal order, that the fires should be put out at a particular hour?

Answer. I do not know of any general verbal order, or that they were ever given to Mr. Green.

Question. (By the court.) Was the general written order relating to fires hung up in any public part of’ the ship?

Answer. Yes; it was put up with wafers in the mess room.

Question. On any of these occasions you specified, was Mr. Green sober or intoxicated?

Answer. On the first occasion in point of time, I thought him very much intoxicated; on the other occasion, I cannot say that he was. The day following the first occasion, I cannot say he was sober.

Question. When you returned from the deck, on the night you mention, finding a fire in. the mess room, who was in the mess room at the time?

Answer. I do not recollect the names of the officers who were present, except Mr. Justin. There was no one sitting up but Mr. Green. There were others in the room, but they had all turned in. On the first occasion I have spoken of; when the boy was rubbing Mr. Green’s feet, the mess boy was frightened by Mr. Green, and went out on the gun deck and hid himself: Mr. Green called him, but obtained no answer; he then called the master-at-arms; told him to- find Jack. The master-at-arms found Jack, and brought him in. Jack came in and said to me that Mr. Green wanted to kill him, and wished me to take care of him. I told him no one would hurt him; to keep still. After the boy had come in, Mr. Green told him, if he did not stay by him, he would dirk him. On this evening, I saw Mr. Green drink very freely, and, as I have already mentioned, 1 believed him to be intoxicated. The boy’s name was John Van Dreest, a black boy.

Question. (By the accused.) Was the threat to dirk the boy before or after Mr. White came in?

Answer. I think it was before.

Question. Had the boy been rubbing Mr. Green’s feet before or after the threat to dirk him?

Answer. I think it was before.

David Trusty, a black man, servant of Lieutenant White, being duly sworn, according to law, deposes and says:

Question. Do you remember going, one night last winter, into the mess room of the Independence, by orders of Lieutenant White? State what occurred.

Answer. One night Mr. White sent me into the room to carry a letter for Mr. Green. Mr. F. Green asked me who the letter was for. I said it was for big Mr. Green--there were two Mr. Greens on board; I had forgotten his first name at the time. He told me to hand it to him. I did so. The next thing was, he inquired what my name was. I told him my name was David Trusty. He asked what Mr. White sent that letter for. I said I did not know what was in it. He said I guess your name is Mr. Black; and then I went out.

On another time, I was sent by Mr. White to the mess room, to get Charles Green’s hammock. I rapped at the door twice or three times. No person answered me. I shoved the door open to go in; Mr. Farnifold Green was standing partly aside of the door. There was a light in. the room so that I could see; I saw him making a blow at me I raised my arm, and received the blow on the arm; it was with a stick. The stick broke over my arm; part of it flew over my shoulder. Mr. Green then walked among the hammocks which were hanging in. the mess room. I looked at him, to be satisfied who be was, and. went into the cabin to tell Mr. White.

I went back with Mr. White to the room ; we looked around when. we first got in, and did not see any person, but presently found Mr. Green lying aside of Mr. Justin on a cot. He had no bed-clothes over him. Mr. White asked me if I would swear he was the person that struck me. I told him I would. Mr. White asked him what he was doing there. One word brought on another; after a while Mr. White told Mr. Green he had been tempted to thrash him, but that he would not condescend to do it. Mr. Green made answer, to thrash me to thrash me, repeating it two or three times, and at the same time, raising his hand, said, I’ll crush you to hell, by God. Mr. Green had got up out of the cot, and was standing in the room; he was not dressing himself or doing anything. I cannot recollect what occurred after that I went into the cabin, leaving Mr. White behind.

I was, at the time, the servant of Mr. White, in the service of the United states, whom I left on the 3d of June. I met Mr. White on the 7th or 8th of November, in New York, and am now with him in his service.

John L. Spencer, a midshipman in the navy of the United States, being duly sworn. according to law, deposes and says:

Question. Were you on board the United States ship Independence, under the command of Lieutenant White, during the last winter?

Answer. Yes, as a midshipman.

Question. State what you know of the circumstances referred to in the present specifications.

Answer. I do not recollect to have seen Mr. Green intoxicated within the period mentioned in the first specification. On one occasion I had been asleep and was waked. Mr. White was speaking, and said

he had come with the intention of giving Mr. Green a thrashing, or had a mind to do so, or something of that kind. Mr. Green made some reply; what it was I do not recollect. Mr. White said afterwards he would not commit himself. Mr. White ordered Mr. Green immediately on deck. I do not recollect of anything further. The sentry was not placed over Mr. Green till next morning. I heard Mr. Green on the same night ask Mr. White what he took out of the room. Mr. White replied, a bottle of brandy heard nothing more. It was about twelve o’clock that the brandy was taken.

Samuel Penballow, a midshipman in the navy of the United States, being duly sworn, according to law, deposes and says:

Question. Were you attached to the Independence last winter?

Answer. Yes.

Question. State such circumstances as you know of connected with the specifications.

Answer. I cannot remember what passed when Mr. White came into the mess room. I was not there when Trusty was struck. I was present at the time of the conversation between Mr. Hale and Mr. Green I cannot say what passed. When off duty I was generally reading. I do not know anything of the first specification.

The court adjourned till 2 o’clock to-morrow morning.

Thursday, December 6.

The court met pursuant to the adjournment of yesterday. Present: as before. The proceedings of yesterday were read.

Mark Hale again called:

Question. Did Mr. Green throw the stick at Trusty, or strike him with it?

Answer. I thought he threw it; whether it hit him I cannot tell.

Question. Do you remember anything of the stick before Trusty came to the door, and what Mr. Green said about it?

Answer. I remember seeing Mr. Green pounding upon the deck with it before Trusty came. He said if the ghost came again he would beat his brains out. Who he meant by the ghost I do not know I never knew him to apply the term to any one.

Question. Were you on board the Independence one evening when Mr. Cornwall expostulated with Mr. Green about having a fire after 9 o’clock? State what passed, and, as nearly as you can, when it occurred.

Answer. I remember one evening when Mr. Cornwall, Mr. Key, and myself had been at a wedding; I think it was the 11th of January; we came on board, I think, between 11 and 1Z at night; found on deck Mr. Green and a midshipman, the officer of the deck, and I think we all turned in excepting Mr. Green. There was a fire in the stove when we came on board. Mr. Green presently went to put more wood in the stove. Mr. Cornwall, who was the executive officer at the time, told him it was against the orders of the ship to make a fire, and said something about the other midshipmen taking advantage of him while in the execution of his duty; and told Mr. Green that no gentleman. would take that advantage. Mr. Green replied, “If you say I am no gentleman you lie, sir.” Some other conversation occurred which I do not particularly recollect, and I believe the fire was extinguished.

Cross-examined:

Question. Where was Mr. Green standing when Trusty came in, and when he threw the stick?

Answer. As nearly as I can recollect he was standing about six or eight feet from the door, and in front of it.

Dr. John A. Kearney, surgeon in the navy of the United States, being duly sworn, according to law, deposes and says:

Question. Were you attached to the station at Charlestown, Massachusetts, during the last winter, as the surgeon?

Answer. I was.

Question. Do you recollect Mr. Farnifold Green’s being on the sick list on or about the 26th of December last?

Answer. I do not remember particularly the date, but about that time he was on the sick list.

Question. Did he apply to you for, and obtain permission from you, to go on shore on the 26th of December?

Answer. No.

Question. Did you see Mr. Green repeatedly; during the last winter and spring, on board the Independence and at Charlestown and Boston?

Answer. I have seen him on board the ship and at Charlestown repeatedly.

Question. What do you know in relation to the first specification of the first charge?

Answer. I know nothing personally of the transactions on board the Independence; I lived in the same house at Charlestown with Mr. Green, but in a different mess. I have seen him intoxicated during the period embraced in the specification. Once I saw him carried, by the servant, by the room where I messed with some other officers, to bed. We were attracted by the noise made in taking him.

Cross-examined on behalf of the accused:

Question. Did you go out of your room when Mr. Green was taken by?

Answer. I wel1t to the door, opened it with the other gentlemen, saw what I have stated, and returned.

Question. Do you know how Mr. Green had been engaged; whether dining with company, or not?

Answer. I do not know.

Charles F. Kiander, a private in the marine corps, being duly sworn according to law, deposes and says:

Question. Were you on board the Independence, as a sentry, on the 19th of December last?

Answer. I was, on some night in December, near Christmas.

Question. Were you taken from your post; by whom, and what occurred?

Answer. I was posted at the cabin door, from 12 midnight At half-past 12, a boy was passing up the ladder; I beckoned him to come to me; I asked him if he could have the goodness to give me a drink of water. He went upon deck, and presently a midshipman came to me, asked me where the corporal of the guard was. I told him he was somewhere forward in the ship, and I could not call him loud. I suppose the midshipman himself found out the corporal, for when he came to me, he asked what I had been doing; he was ordered to relieve me. I answered, I asked the boy, as he was passing by, for a drink of water. I was then relieved, and brought upon the spar deck, before the officer of the deck. I do not know who the midshipman was that came down to me; it was not Mr. Green. I stood at the fife rail till 2 o’clock; when I was taken, by order of Mr. Green, to be put on post at the larboard. gangway, on the spar deck.

Lieutenant White, again called:

Question Look at the papers shown you; were you present when these depositions were taken? State how they were taken, and where was Mr. Green?

Answer. The one I hold in my hand, (the deposition of Van Driest) was taken in the cabin of the Independence. I was present.

Note. It should be noted here that this trial is about 30, pages long, and for this reason I have omitted most of the legal talk to shorten this page.

Francis S. Key, a witness, produced, sworn, and examined, on behalf the accused, deposes and says:

Question. Were you on board the ship Independence, lying at Charlestown, during the last winter and spring, and in what capacity?

Answer. I was on board for three or four weeks, as a midshipman. I joined the ship early in January.

Question. Relate your knowledge of the circumstances set forth in. the charges and specifications against Mr. Green, and of his general conduct and character on board the ship?

Answer. I have known Mr. Green for a number of years, and never knew him to be intoxicated. I knew nothing of the circumstances of Trusty being struck, further than that there was a stick thrown, which fell inside of the steerage, against the bulk-head. I was in my hammock, and cannot say who threw it, or at whom it was thrown. I know nothing of Mr. Green’s preparing himself with a club, or posting himself at the door, for the purpose of striking Mr.. White. I remember one night Mr. White came into the room; he told Mr. Green he came there for the purpose of giving him a damned thrashing. Mr. Green posted himself in an attitude for defending himself; ts for putting his fist near Mr. White’s face, I did not see it. Mr. Green said, as nearly as I can recollect his words, “By heaven, sir, you dare not thrash me.” There was some conversation passed; I do not recollect whether or not Mr. Green used the expression that he would crush him to hell; I laid down in my hammock, and took but littlie notice of what passed. I was asleep when Mr. White came in, and the first words which I particularly remember, were what I have stated. Mr. Green came to my hammock, and asked me if I thought him intoxicated? Mr. White had accused him of being intoxicated. I said no. Whether this was before or after what I have stated, I do not recollect.

I also recollect Mr. White directing Mr. Green to go on deck. Mr. Green asked him what he was to go on deck for? how he was to dress himself? I do not recollect the language used by Mr. White in reply; the substance of it was, that he was to prepare himself to spend a cold night on the spar deck. Mr. Green went on deck with Mr. White, and after a few minutes, returned to the steerage. I think a guard of marines was then sent for, and one of them posted near the mess room on the gun deck. I do not know of Mr. Green saying anything about a dirk, after his return to the room; he made no noise, and what he did say was in a low voice. I do not remember anything of the taking of the jug of brandy. On one evening I had been to a wedding; on my return it was very cold, and I made a fire Mr. Cornwall jumped up, ordered Mr. Green to put it out, and threw water on it. I told him I made the fire. It was a general habit on board the ship to make fires, and I do not know that one of the officers did it more frequently than another. I have no particular recollection of any officer making a fire except in the instance I have mentioned, when I made it.

Question. After Mr. White threatened to thrash Mr. Green, did you hear hhn say he would not commit himself?

Answer. I think he remarked to Mr. Green, he was trying to get him to commit himself; but that he would not commit himself.

Question. (By the court.) How long before the conversation between Mr. White and Mr. Green, which you have related, had the stick been thrown?

Answer. I do not recollect whether it was that night or not.

Question. When you returned from the wedding the night you have spoken of, where did you see Mr. Green on your first getting on board?

Answer. I cannot positively say; I think it was below.

Question. Are you certain that you saw a stick thrown at the time you have mentioned, or did you hear one had been thrown?

Answer. I did not see the stick thrown. I distinctly remember hearing it strike the bulkhead, and fall inside of the mess room.

Question. Did you hear any one at the door at the time?

Answer. I do not recollect.

George W. Palmer, a surgeon’s mate in the army of the United States, being duly sworn according to law, deposes and says:

Question. Were you on board the ship Independence, at Charlestown, during the late winter or spring and in what capacity?

Answer. I was on board in the capacity of assistant surgeon from. December 20th till June. I lived on shore.

Question. Relate what you know of the matters in the charges and specifications of Mr. Green.

Answer. I do not know of his being intoxicated; he may have been excited. I remember two instances when I thought him excited; once was an evening when I was on board the ship, with a good many officers. Something was said about a ghost. I do not know how far the term intoxicated extended. He conversed regularly he had. the use of his reason and limbs. There was company on board; we had all been drinking more or less. The other occasion was in Boston, when we met Mr. Jones, from New York, when I think Mr. Green might have been excited by wine. It was at the Exchange Coffee House. I think we did not dine there. There was several of us there, and we drank some wine. Mr. Green walked to the boarding-house, a distance of from a half to three-quarters of a mile, or more. It was in a public sitting-room attached to the dining-room. There was no riotous or disorderly conduct. On the first occasion I have mentioned, Mr. White came into the room I think it was after ten o’clock the room was somewhat dark Mr. Green was still up. As Mr. White came in Mr. Green said, Who are you? and perhaps repeated the question. I believe I was not in bed yet. Mr. White, if I recollect right, then advanced a little, and said, “Damn you, sir, I’ll let you know,” or something to that effect, and left the room. Mr. Green, I think, said, “Avaunt, thou ghost!” whether as Mr. White came in, or as he left the room, I cannot recollect.

Cross-examined:

Question. You have mentioned that Mr. Green walked from the Exchange Coffee House to the boarding house on that occasion; did he walk without assistance, and how did he get to bed?

Answer. We walked home together, arm in arm. I gave him no assistance, because I had
been drinking as much wine as he had. He went to bed with me without assistance; it was about 11 P. M. when we went home.

Question. You have said something was said about the ghost on board the ship; was there anything more said than you have mentioned?

Answer. I do not remember.

Question. Do you know who was alluded to by the term ghost?

Answer. I do not remember ever hearing Mr. Green say, or any other person in Mr. Green’s presence say, who was alluded to.

Question. (By the court.) How came you to remain on board the ship the night you have spoken of?

Answer. I was invited to do so by some one of the gentlemen on board.

Joseph S. Cornwall, late a midshipman in the navy of the United States, a witness, produced, sworn, and examined. on behalf of the accused, deposes and says:

Question. Were you on board of or attached to the ship Independence, during the last winter and spring? How long, and in what capacity? Relate all you know of the matters mentioned in the charges and specifications against Mr. Green.

Answer. I was there during the last winter, a midshipman, as executive officer under Mr. White. I went on board the Independence during the months of December and January. I can not say whether during the whole time, I knew Mr. Green, and did not know him to be intoxicated and expose himself during the time mentioned. On one occasion, in the month of December, when Dr. Palmer was there, I thought Mr. Green somewhat excited, but by no means intoxicated. That was the only instance I know of. I saw very little of Mr. Green on shore. We messed in the same room until the midshipmen of the Java came on board. I was a messmate of Mr. Green. about three or four months. About the middle of December we had a number of gentlemen on board the ship it was the same evening I have already spoken of. Mr. White allowed us lights and fires after the usual hour; whether ten or eleven o’clock I do’ not remember. He requested me to see them out at the hour mentioned. I saw them out, and turned into my hammock.

As I was dozing, was awaked by the voice of Mr. Green, saying, “What ghost is that?” He again said, “Avaunt, thou ghost!” Mr. White stepped forward to the stove; seeing him step forward I rose in my hammock, and said, “Mr. White, the fire is out.” Mr. Green asked him, “Who are you, sir?” (Mr. White had a cloak wrapped around him.) Are you the ghost that has been cruising about the ship for some time past?” Mr. White then said, “By God, I will let you know to-morrow morning.” This he said as he was going out of the door, which he slammed to as he went out. Mr. While left the room in a great rage. I was not on board when Trusty was struck. On one occasion, in January, I had been to a wedding. After I returned I turned into my hammock; partly asleep, I awoke up, and found a fire burning in the stove. I saw Mr. Green and Mr. Key standing near the stove. I supposed Mr. Green had made the fire, as Mr. Key was a stranger on board the ship, having joined her but a few days before. I said, Mr. Green, what do you mean by kindling a fire at this hour of the night? Put it out immediately. He told me he did not think proper to put it out. I jumped out of my hammock, seized a basin of water, and extinguished the fire myself. Mr. Key then told me I was mistaken, that it was not Mr. Green, but himself who had kindled the fire.

Question. (By the court.) Did you ever hear Mr. Green, or any other person in his presence, say who was alluded to by the name ghost?

Answer. I never did. There was a common saying in the steerage there was a ghost. I do not know who was meant. I once thought, when I first joined the ship, it was meant for me.

Question. Did Mr. Green follow Mr. White out of the mess room after he had said, “ Avaunt, thou ghost?”

Answer. No.

The accused stated that he had no further evidence to lay before the court.

The court adjourned till one o’clock to-morrow.

FRIDAY, December 7.

The court met pursuant to the adjournment of yesterday Present: as before.

The proceedings in the case were read.

The accused presented his defense, which was read, annexed, and marked.

The court was cleared to deliberate upon the case; and, having maturely considered the charges, the evidence, and the defense, is of opinion that the first specification of the first charge is proved, with the exception of the word “Boston;” that the second, third, fifth, sixth, eighth, eleventh and thirteenth specifications are fully proved; and that the tenth specification is proved, with the exception of the word “mutinous;” that the fourth, seventh, ninth and twelfth specifications are not proved. The court does adjudge and declare that the accused is guilty of the first charge. The court is also of opinion that the second specification of the second charge is proved, and that the other specifications thereof are not proved; and it does therefore adjudge and declare the accused guilty of the second charge. The court does sentence and adjudge the said Midshipman Farnifold Green to be cashiered.