a company of a battalion commanded by myself, and performed his duties to my entire satisfaction.

The testimony was here read over to the witness, and by him pronounced correctly recorded.

Rear-Admiral CHARLES DAVIS called and sworn.

By JUDGE ADVOCATE :

Q What is your name, and rank in the United States navy?

A. Charles Henry Davis; rear-admiral.

Q. Please state if Lieutenant or Captain Reynolds ever served under your command, and where.

A. Yes, in the St. Mary's, between the months of December, 1856, and February, 1859, in the Pacific ocean, as well as I recollect.

Q. Please state such facts as come under your observation bearing on the professional or moral character of the officer in question.

A. With regard to his professional character, the principal facts that came under my observation were: first, the fact that he mistook his position on board ship, considering himself the sole source of police and declining to report to the first lieutenant the confinement of prisoners. Second, the want of consideration of his men, shown in this-that he exercised them at improper hours, rendered so by the heat of the climate, and for a length of time incompatible with health in that climate. The third fact is what I regarded as improper treatment of the men; in this—that he frequently mustered and examined them as the master-atarms examined the side boys, and the result of the whole was, that after many friendly remonstrances and objections to his course of proceedings, I was obliged, in order to preserve the health and comfort of the marines, to deprive him of a portion of his authority over them which he at first exercised. Another fact is that the result of his control over the men was to produce a manifest spirit of insubordination and discontent. Of his moral fitness I know nothing of my own personal observation or knowledge other than this, that he was officially reported to me by the surgeon, J. W. Taylor, at the Sandwich Islands, as having venereal disease, he being at that time a married man.

Q. Did you, on the occasion of some ladies visiting or taking passage in the ship, inform them that Lieutenant Reynolds was an unfit person to be introduced to them, and what was your reason for so doing?

A. I did; and the reason was the concurrent reports of his loose living with prostitutes.

Q. Did you refuse to introduce him to ladies, and on what occasion? (Question objected to by the defence as follows:

Captain Reynolds objects to this question on the grounds that it opens an entirely irrelevant subject of inquiry and involves, if answered, merely the point whether, in Admiral Davis's opinion, it was desirable to introduce him to the ladies in question.

The board was cleared, and it was decided to put the question. The board was then opened and it was so announced.)

A. I have generally at the Sandwich Islands, when they were on board, and particularly to the wife of the ex American consul and her sister, who took passage in the St. Mary's from Honolulu to San Francisco.

Q. Did your refusal to introduce him arise from personal animosity other than that arising from his general reputation, or was it wholly from the latter? (Objection by Captain Reynolds: that the question involves a mere matter of opinion on social, not professional, matters, and is therefore not admissible. The board was cleared, and it was decided to put the question, and on being opened it was so announced.)

A. Wholly from the latter.

Q. Please state what was Lieutenant Reynolds's general moral and profes sional reputation while serving in the St. Mary's.

A. They were both very unfortunate, except so far as his knowledge and qualification as a soldier went; as well as I am able to form an opinion of these, they were good. His moral reputation was bad on two accounts-his habitual intercourse with improper women, and in the fact of his being put nearly “in Coventry" by his own mess on account of this vice and his bad temper. As to his professional reputation he impressed the officers of the ship favorably, except in respect to his want of judgment and discretion in exercising the duties

of command.

Q. Did you ever issue an order, which you subsequently revoked, refusing Lieutenant Reynolds permission to go ashore at Acapulco? and if so, what was the cause of the order?

A. I don't recollect. I may have done so.
Cross-examined by defence:

By Captain Reynolds.

Q. Is not the marine guard the police of the ship?
A. Not the sole police, but a part of it.

Q. Is not the commandant of marines, by virtue of his office, charged particularly with the police of the ship? And is he not always called upon to act as such in case of difficulty?

A. He has nothing to do with the police of the ship in relation to the seamen, except when specially applied to, and that principally in cases of defence. The board will observe in this case, I am not defining what the duty of marines is, but what it is not.

Q. What is the object of the marine guard on board ships?

A. It may be briefly defined: to perform garrison duties.

Q. Is not one of the most important of garrison duties to maintain the police of the post.

A. Yes; to whomsoever it may belong. Garrison duties of soldiers do not necessarily embrace all the duties of a military post of which Gibraltar and other military towns are illustrations.

Q. Do sailors on board ship ever perform police duties in maintaining order? A. Shipped men who are not marines do, and sailors sometimes. Petty officers are always charged with certain police duties within their stations. Q. You have said that the object of marines on board ship is to perform garrison duties, please explain your answer?

A. The duties of sentinel on what may be termed the walls of the ship, of sentinel over magazines, dangerous places, valuable property, and over confined prisoners.

Q. Can the officer of marines drill his men without permission of the officer of the deck?

A. I understand it always to be a matter of courtesy and usage in the service for the officers of marines to inform the officer of the deck, except on days of general inspection or general quarters.

Q. Is not a thorough inspection of men as to cleanliness more necessary in a hot than in a cold climate?

A. Yes.

Q. Was there any more sickness among the marines than is usual in that climate?

A. No.

Q. Was there any mutiny among the marines of the St. Mary's?

A. No.

Q. Were not the marines of the St. Mary's drawn from a very low order of

men in San Francisco, and did they not on this account require extra attention from their officers ?

A. I am not aware that it was so. It was thought, on the contrary, that we had a selection at the time of filling up the crew and guard at San Francisco, owing to the great number of applicants above the existing vacancies.

Q. Refer to section 842 of Army Regulations of 1857, and state whether this is not the order made by Lieutenant Reynolds as to cleanliness, &c.?

A. Lieutenant Reynolds conformed to this section, but in a manner which I regarded as offensive to the men.

At the request of the defence the witness here read the section referred to, which is as follows: "All the troops will turn out at a. m. without arms or uniform, and in warm weather without shoes or stockings, when every individual will be clean, his hands, face, and feet washed, and his hair combed. The same personal inspection will be repeated thirty minutes before sunset. The cooks alone may be exempted from one of these inspections per day, if necessary."

The witness continued: I would like to add that troops on transports constitute an exceptional case, and that what I complain of in Lieutenant Reynolds was that which I never had seen in the service before, and its obvious bad effeet upon the men.

Q. Did you prefer charges against Lieutenant Reynolds on account of any of the supposed delinquencies you have mentioned ?

A. No; neither did I report him to the Secretary of the Navy.

Q. Who were the messmates of Lieutenant Reynolds on board the St. Mary's? A. Lieutenant Maury, (1st lieutenant,) Lieutenant Wyman, (1st lieutenant, part of cruise,) Lieutenant Houston, master, and Lieutenant Ward, Master Mitchell, Surgeon J. W. Taylor, Purser Ingersoll, Assistant Surgeon Kennedy, and others, whom I may not recollect.

No further questions being desired, the testimony of the witness was here read over to him and by him pronounced correctly recorded.

Surgeon B. R. TINSLER, United States navy, called and sworn.

Ry JUDGE ADVOCATE:

Q. What is your name, and rank in the navy?

A. My name is Benjamin R. Tinsler; I am surgeon in United States navy. Q. Are you or are you not personally cognizant of the acts of Lieutenant Reynolds which caused the application to be made for his wife's divorce from him? A. I am not. I was out of the country during the whole time of the proceed-. ings in the case.

Q. What is the general reputation, morally, of Captain or Lieutenant Reynolds?

A. Bad.

The defence desiring no further questions, the testimony was here read over to the witness and by him pronounced correctly recorded.

Commodore S. C. ROWAN, United States navy, called and sworn.

Q. Please state if you have ever served on the same ship, squadron, or station with Lieutenant or Captain Reynolds. If so, when and where?

A. I served with him on the Pawnee during part of 1861, on the Potomac river; also in the South Atlantic squadron in 1863 and part of 1864; he was on the Wabash.

Q. State such facts as you may personally know bearing on his moral and professional reputation?

A. Of my own knowledge I know nothing of his moral reputation; professionally, I consider him a very insubordinate officer; I consider him, in regard to efficiency, zealous, but perhaps more zeal than knowledge-that is, tact-in the performance of his duty.

Q. What is his general reputation, morally and professionally?

A. For morality it is bad; I don't know that I ever heard his professional reputation discussed.

Q. Please state in what particular his general reputation for morality is bad. A. I learned that he behaved very badly to his wife; I have heard that he kept a mistress while he was a married man.

Q. Of your own knowledge do you know anything while he was in the South Atlantic squadron derogatory to his character as an officer?

A. I do not.

Cross-examined by defence:

By Captain REYNOLDS:

Q. Do you know of any instance of insubordination on Captain Reynolds's part? If so, state it briefly.

A. I do; in the disobedience of an order of the executive officer of the Pawnee to report his guard at morning and evening muster.

Q. Was not Captain Reynolds tried by court martial and acquitted on this charge?

A. He was tried by a court-martial and detached from the Pawnee; I have no knowledge what the decision of the court was.

Q. What was the condition of the marine guard of the Pawnee as to efficiency while Captain Reynolds was in command?

A. Fair.

The testimony of the witness was read over to him and by him pronounced correctly recorded.

The court here adjourned until to-morrow at 10.30 a. m.

MARINE RETIRING BOARD, MARINE BARRACKS,

Brooklyn, New York, November 5, 1864.

The board met at 10.30 a. m. pursuant to the adjournment of yesterday. Present: Lieutenant Colonel Ward Marston, United States marines, president of the board; Surgeon Charles Eversfield, United States navy, Lieutenant Colonel J. H. Jones, United States marines, Surgeon D. Bloodgood, United States navy, Major G. R. Graham, United States marines, members; and First Lieutenant John C. Harris, United States marines, judge advocate.

Captain Reynolds, the officer whose case is under investigation, was also present.

Surgeon J. W. TAYLOR, United States navy, called and sworn.

By JUDGE ADVOCATE:

Q. What is your name, and rank in the United States navy?

A. J. Winthrop Taylor, surgeon.

Q. Have you ever served with Lieutenant or Captain Reynolds? If so, when and where?

A. I have, on the sloop St. Mary's, in the Pacific, for about two and a quarter years, I think.

Q. State such facts as you know, of your own knowledge, affecting Lieutenant or Captain Reynolds's reputation, morally or professionally?

case.

A. Personally, I know but once when he asked me in regard to some venereal He generally consulted with the assistant surgeon with regard to points of that character, I think. I think myself unable to judge of him professionally. Q. State as near as you can when and where the facts mentioned occurred? A. I can't say; I think at the Sandwich Islands or San Francisco. With

regard to his general health as far as I can remember, it was as good as any on board ship.

Q. What was Lieutenant Reynolds's general reputation, morally and professionally?

A. I don't think he maintained a very high reputation morally, and with regard to his reputation professionally, I used to hear it said that he was very harsh with his men, but a very good drill officer.

Q. Did you know, of your own personal knowledge, that on account of his habits and temper he was avoided or sent to "Coventry" by the greater part of his mess?

A. I have heard those facts, but I lived a greater part of the time in the cabin with Admiral Davis.

Cross-examined by defence:

By Captain REYNOLDS :

Q Was Captain Reynolds ever on the sick list so as to be relieved from duty!

A. I don't remember. He couldn't have been very long on the sick list, if he had been.

Q. Did Captain Reynolds's sickness, to which you have referred, produce any permanent physical disability?

A. Not that I remember.

Q. What is Captain Reynolds's general reputation for soldierly qualities among officers in the service?

A. A good drill officer; but rather cruel or harsh with his men.

Q. What was the condition of the marines of the St. Mary's, as to health, during the cruise, and how did it compare with the sanitary condition of the

sailors?

A. About on a par with the sailors, I think.

Q. Is not strict attention to cleanliness more necessary among large bodies of men in a warm climate than in a cool climate?

A. Yes.

Q. Did not Captain Reynolds have official difficulties with Lieutenant McCorkle, Lieutenant Houston, and Lieutenant Ward, which caused non-intercourse?

A. He had with Lieutenant Houston, and I heard with several others, though I did not know it personally; whether in Lieutenant Houston's case the difficulties arose on matters of duty or not I can't say; the others, I can't say.

Q. What were Captain Reynolds's social relations with his mess in the St. Mary's before these difficulties occurred?

A. When he first came aboard he was in good relations with all—after, I can't say.

Q. Was not Captain Reynolds on intimate terms with all the staff officers in the wardroom during the cruise of the St. Mary's?

A. So far as I know, he was, except I think he had a difficulty with Doctor Stewart Kennedy, assistant surgeon of the ship. I remember afterwards seeing them in conversation together; so I judge the difficulty to have been small.

By the BOARD:

Q. Did Captain Reynolds consult you, and did you prescribe for him, for venereal disease?

A. He did consult me, but I don't remember prescribing for him.

The testimony was here read over to the witness and by him pronounced correctly recorded.