[[Docket notation, largely undecipherable: "[undecipherable], 1800"; followed by a vertical column of undecipherable entries]] War Department [undecipherable] 1800 The Secretary of War in compliance with the desire of the President communicated through the Secretary of State has the Honour respectfully to submit the following facts and opinions in the case of Captain Levin Jones against whom a bill has been found by a Grand Jury for murder. It is respectfully conceived that the Prerogative of granting a nolle prosequi ought not to be exercised but with great caution and on the fullest information that, upon the Nature of the case can be obtained; especially after an Indictment found for the atrocious crime of Murder. An Application is made to the President by a number of respectable Merchants of the City of Baltimore, for a nolle prosequi for Captain Levin Jones indicted in the [undecipherable] Court for the State of Maryland at November term last past, for the murder of William Davis, a Gunner on board of the Brig called the David Stewart, of which the said Jones was Commander. The Ground of this application is ten Depositions taken before the Consul of the United States at Gibraltar, on the eighteenth day of March last. (1799) — The applicants declare that the character of Captain Jones is strictly entitled to esteem for his uniform observance of integrity and general propriety. 1. It appears that the Brig David Stewart sailed [undecipherable] on the twenty third of February 1799, [undecipherable]; that there were [undecipherable] Captain Jones, [undecipherable] and the [undecipherable] William Church — Three [undecipherable], Daniel Arlington, [undecipherable: Nathaniel?] [undecipherable], [undecipherable] or [undecipherable: Cardorick?], William Davis, Gunner, and [undecipherable] ten Seamen, the names of seven of whom are — For the Bill: William Tall, William [undecipherable: Tuttle?], [undecipherable] [undecipherable: Aspridge?], John Morris, Washington Jones and John Hudson, called a Boy, and about ten others names unknown, in all about twenty five or [undecipherable] six. 2. It appears that on the 24^th of February, 1799, [undecipherable] Jones killed William Davis, and Captain Jones acknowledges that on that day said Davis and seven others mutinied, or that he killed [undecipherable] in that cause — [undecipherable] and William Little on Board of [undecipherable] that three others of the mutineers, whose names also are unknown, were put in Irons on board the Brig; and that two [undecipherable] of them, names unknown, were [undecipherable: pardoned?] by [undecipherable] Jones. 3. It appears that the Brig David Stewart arrived at Gibraltar on the eleventh of March, 1799 — that ten Depositions were taken at Gibraltar on the eighteenth of the [undecipherable] month, of the following persons, to wit; Captain [undecipherable: Christian?] [undecipherable: Pastor?], Commander of the Ship Elizabeth, Antonio [undecipherable: Cardorick?] and Daniel Arlington Passengers — Antonio [undecipherable] [undecipherable]. John Morris, William [undecipherable: Vaillant?], John [undecipherable: Aspridge?] Mariners; and on the Nineteenth, William Church [undecipherable: first?] Mate, [undecipherable: Nathaniel?] [undecipherable] Passenger and [undecipherable: Washington?] [undecipherable] [undecipherable] [undecipherable] that Cap^t. Jones was indicted at Baltimore [undecipherable] that he fled from Justice and has not deli[undecipherable: vered himself]. [undecipherable] that the above depositions are [undecipherable] taken [undecipherable] at the time. It was [undecipherable] the deposition of [undecipherable] Bailey [undecipherable] for the Seamen was not taken, and it is probable that Cap^t. Jones was not [undecipherable] when the depositions were taken. It does not appear on [undecipherable] testimony the indictment [undecipherable] against Cap^t. Jones and it [undecipherable] the names on the Indictment with the Depositions [undecipherable]. 8. [undecipherable] does not appear from Cap^t. [undecipherable]'s Deposition that there was a mutiny when he was on board. The facts stated by Antonio [undecipherable: Cardorick?], Antonio [undecipherable] [undecipherable] do not amount to a Mutiny; nor their [undecipherable] of the plan to [undecipherable] them [undecipherable] — the evidence of John Morris [undecipherable] the Conspiracy is also corroborative of that intention. 10. The facts stated by William [undecipherable] John Aspridge to [undecipherable] amount to a mutiny, [undecipherable] [undecipherable] [undecipherable: Arlington?] [undecipherable: show?] that the [undecipherable] of Orders and that the Resistance of Davis was to prevent his being put on board [undecipherable: Captain?] [undecipherable: Luther?]. 12. The facts stated by William Church, Nathaniel [undecipherable] and Washington Jones are more full than any others, but still it may be doubted whether they amount to a Mutiny. 13. All the depositions were taken ex parte. IV. It is very probable that all or most of the witnesses came to Baltimore, and their depositions ought to have been taken in that City. On the whole, the Secretary is respectfully of opinion that before a nolle prosequi should issue, there should be further inquiry which cannot proceed from [undecipherable] but from the Attorney of the District and [undecipherable] [undecipherable] [undecipherable] to Captain Jones has no relation to the subject. It is said that the Justice, who issued the warrant against Captain Jones, took Bail and that he remained in Baltimore until the Indictment was found. All which is most respectfully submitted. James McHenry The President of the United States