New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-03-18
naval Court Martial on board the u. =.
ship North CaroiIna.

execution, bui nothing more " a. eeiteu- A
having been concluded, Il
sequence of tie stress which had been lad by the Judge
Advocate on the subject OF the alleged writing ey Com
asder Mackenzie al dictzton Mdshipuian Spencer
be now offered produce that paper TO the oouF., sa
wished TO know i 1ere would De any ofJeciion % ~ "
cepnn-
The Judge Advocate said there certainly was he hao
looked al paper previously and there was 10 evidence
&c iceaiify this the paper which was written AZ Tue ZINC
besides WHICH, thought it contained internal evidence
tist il was not the paper and he should be gully OF gross
connivsnce were he to allow it be placed Oh ie reco!
Mr. sedgewick said they had anticipated this objection
though they ho-gh tie Judge Advocate had been the
person who raised this point he would ater stating bis o.
lection hare received tho paper lie thought sat uGder
ali the circumstances this case where ee eTdence
OF the accused admissible and with that view he had
prepared affidavit Of Aeul;acaon Of he paper by Con-
I N ander sacksazie which be would read, as follows
BrsoLl,n King, Counts iY..g- Ye5t. auder Sill
deli MACKENZIE Being duly sc, saith that The paper nsr
cu,o araexed married. the paper referred To by bh IN
ihe o3csi Report made by him the Secretary OF The
navy date o the sth day o, December ast, OF
e lib dsy Of March iasl or ,eredbous as the aeneraa
dur. or xriIir town iron the lips Ct Mt Sfsncer on
the deck the Soers on The first day o; ass IN
m nreryiey; then ard here had beta this depcnent and
The said Mt. Spencer ARD Immediately previous TO h'; exc
Ibis deponen farther saith that the said paper marked
A. is The only memorandum OF writing OF ANY de,ripon
snsncey or having suy Connection any verbal
M gritt an TO his parents or anything OF that Kind or
,io, and raj the said paper is the whole o. such
Aud us depcncu. farther saith that The said Philip Il
ncilier dictated nor desered him letter
massage verbal cn ether Than contiinean Tue saiu
This eporept tarthe, saith that the latter portion OF
tahe and beginning with the wcrts God who was vas
soerce but within rery short :nc there tier and tor The
purpose o. keeping alive bis recollection OF me acs
+! ALEX. SLIoLLL MACKENZIE.
hafo,- his IN oay of
J. VOORHEES,, Commissioner ei Deeds.
NJ s. viii Rad 10 The Court the paper Itself as
fellows
when asked If he had aSy message 10 send None hat
they could wish Afterwards that yoG de wish
this aud Other saiast yoa et sincerely penent and
y Fear Of deh that your might be too late
Mas that ne adwronged bot did not know how
couid De made TO them yoar parents wronged Ex-
cu-d himself by saying that be had entertained sage ,ts
in JOHN Adams and Potomsc But bad rot iFered II into
D. not ihok ri'nis wkict ahoud. Certainly OBJ
ecsed of deah. Requested 10 ie shot, Could
make any distinction between tim and those whom he
had seduced Unsuitable desire Z: .rs others
Cromwell. The lrs @o1s he had to say and hoped they
that i. was lust iha, no distinction should be made Asked
that his face might covered. Granted When he feared
to The scry oil pea,en1 Thief. Tried find icsuld not
Read the Bible. The Prayer Book DID not know what
ton to death. ba, objects Rsasons-eod would
consider snor.ness OF time ofcers hatred 70 me- fancy
Many sins Dies praying God TO bless and preserve am
AFRAID this MAJ lnJnre my iater.
Here ends the MEMORANDUM which made at the time
and what follows was added from recollection very shortly
after: ...-
co., wao was all mercilu well as al wise, could moi
only estimate the difficulty growing out OF the ahorine.
and the abundance OF his mercy forgive Be the
death of my poor mother Do you not think she would
Horrers been Others IN co9Ess Of PIRACY Gu
for having IAN pered with yoar fidelity: Mr. Wales
much are you not going TOO tar-ae you not go
ol,.t ttpk cir
The hes, service he could render to his father was TO die
NJ, sedge.rick twill be perceived by the Court tina
the whole of this is In the nature OF tragnenary
document than a continued narrative
May 1t please ths CohstT
Cor,Gantier Mackenzie aas not hitherto produced iht
enor:adam taken do1nby him during bis last converse
ton Win N Spencer simply because IT. suoSaEee wa
already ineopoIatsd IN his oGs report sna
irrr!asant but entirely nlmaeria Themrmorandum was
hastily roughly written, and did not in fact detail The
But as the Judge Advocate has arendy occupied much
time in endeasorng to ascertain Nhether letter or mere
message dictated by Mr. Spencer and has al length de
clared belief that ieiier written by Com Mackenzie
Mr. Spencer which has been deiivered-a letter
too containing protesations of innocence Conn., niicsen
ze, for purpose o! completely refining this gra;uous
and offensive assumption and TO put an end possible o
the Court The paper hereto anneIed marked a. as lne
II conversation with mr. Spencer.
The charge by The Judge Advocate, utterly M
as IS fatty e every TACT a. oSs
on ,r is only as it tends TO isead
desirable to reuie it, indeed is proper speak OF
ulns accusation which supported by no evceHce
whatever.
Com Mackenzie could anticipate that any objection
would be made the Introduction Of The paper which he
offers: Tie eIamination this subject was com.
menced by Judge Advocated what good he
assign for ms he.tlns 10 receive the paper OF which he
as hmse to compel the production! The evidence
of the Party himself constantly received for the purpose
OF proving the loss of writings IN order 10 admit paro evi
NJ he oil.
la this view we now propose 10 prove by Com Mackenzie
written Ly Mr.. Spencer, and is The
only made by him at that time His affidavit TO that
nation hmselrif directed by the Court As OF
abstract right his We appreheRd should in any case be
granted
Of the gence, Of The and which originates that
principle of the law which always admits secondary evl
aence when the nature Of eveRs primary evidence
upaaiRabe II Lieut. Ganseyoart now On MS trial,
TAPER identified by Com. BE keIze would be evidence
Of the very highest character. l. only the confession
bu; the dying decaraoo OF the most guilty matHeer The
only witness TO the transaction, N Spescsr IS deaaan
regard which from The necessary privacy OF the inter
the admission this paper be justified upon strict legal
principles, II is matter OF the most pei emp DRY and abso
lutte justice Ii this particular case fhs application adj
the sound discretion OF the Court and that dcre
ton be regulated by their sense OF Tue justice and pro-
prety of the moioa.
He has himself put question alter question: and consumed
after hour endeaYoring ascertain the existence
when the paper Itself is produced to oer opposition TO its
ptrodnction Such Ranifastly inconsistent
With impaaly of public justice, it Incompatible
with that object which oil 1rmjnaiou Of evidence should
be directed-the attainment Of truth.
altogether ncierabe that publis should
be permitted Introduce wholly Irrelevant,
ally produce additional charges OF the calling cha
racer when The accused offers complete rebu;tai of
The allegations made against him. takes shelter under
some rigid rule of law, and deny all remedy Tor the evil
which he himself has caused.
This The ordinary prosecutor, DESTROYS
only elicit the truth, and leave the judgment that
arbitramen which belongs II bears the marks of
rnless spirit bent upon conviction, although offended By
the sacrifice every principle OF law every rule
Justice. THEODORE SspGwIcK, OF Counsel.
After some rrthsr discussion, The Court cleared and