"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 dishonorably from the service. I shall do so upon the next serious breach of discipline hereafter. You may consider that you have had a very lucky escape from long imprisonment and from dismissal as well."
"And, as for Seaman Davis, I desire to commend him thus publicly for his pluck, his faithful obedience of orders and the masterful way in which he has carried out his orders. Such men are a credit to the United States Navy. They make one forget that, now and then, we have some of the other sort among us. Davis, you will be mentioned in my communication to the department."