rous assault
on Seaman Davis?" demanded the judge advocate sharply.
"We get excited," answered White. "We want to get away then."
"And had you gotten away, at that time, you would not have returned to
the ship, eh?"
"No, no; we come back," insisted the Hawaiian.
"Have these men ever been up on charges before?" asked the judge
advocate.
"No, sir," replied the clerk of the court. "There are no marks against
them. Their records are good, so far as the papers show."
"Then we will close the case here."
The court was cleared for deliberation. They found the accused men
guilty of absenting themselves from the ship without leave, and also on
the second count accusing them of felonious assault on Seaman Daniel
Davis.
The court decided that the charge of desertion had not been fully
established, and this alone saved the men from a long term of
imprisonment. Perhaps they were swayed in their verdict by the fact
that the government was making a strong effort in every way to win the
regard of the Hawaiian Islanders. To have carried out the punishment
in its extreme form might, it was thought, have served only to embitter
the Hawaiian people. The punishment was severe enough as it was. The
recommendations of the court were that Black and White be locked up in
the brig for thirty days, with rations of bread and water, with a full
ration every third day.
This peculiar sentence was on account of the regulation that forbids a
prisoner on shipboard from being kept on bread and water for more than
five consecutive days. By giving a full ration once in every five days
the men can be kept under punishment for three months. The court also
decided that both men should suffer a loss of two months' pay.
The commanding officer approved the findings of the court, after
reading them over, and duly affixed his signature.
The prisoners did not know as yet what their punishment was to be.
This was made known to them at muster that evening, when all hands were
piped to quarters, the charges and findings being read before the
ship's company.
"Men," said the captain after the executive officer had read the
verdict of the court, "I am of the opinion that both of you should be
dismissed from the service. The evidence, however, did not fully
warrant the court in finding for that. It appears to be your first
offence, but remember, this is your first enlistment also, which gives
me the right to discharge you dishonorabl
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