New-York daily tribune., 1843-03-03
Naval Conrt Martial en board the q. g.
skip North Carolina.

ne Ceurt met IS ussa,, ana asiel lhe feooiu Hou
been read, Sergeant Garty was recalled and further
crsss-examined, but without showing aay thing
new or important
Commander Mackenzie then offered the follow
ng to the Court which vas ordered 10 be placed on
the record:
Trs,oy having been given certain private letters
OF Mr. Spencer which read by me 10 the crew. win
mind, concerning The individual who had been instrumental
in seducng them from their fidelity, and as one OF 'he
sT my To he he ons @ let
explanatory OF the circumstances under which taoe
The saswrr 10 Tia, letter abstain from offering the
Court, conflicts with decision oil the Court aheady
made. Very respectfully submitted,
BY your most ohe0 lent,
ALEX SLIDELL MACKENZIE,
N.ecg |, 1918 Commander U. ;. NJ
u. s. BKIe SoMERs, Sd Dec. 1872.
GEH1LEMEs: You will proceed 10 make tarefn exam.
naon O, the effects OF The late Acting Mioshipm.n fhp
Sosncer AID take correct oil them In doing
So you will strictly search all his journals and papers e
every nature may be fonnd among h' effects Tor ihe
purpose of detecting, possible, at Low early GATE Le
had formed design OF Creating n 1nJ on ooard OF 'e
ve.rI csotn,np her aat converting into pirate In
esrchne his nryse papers when you come TO any from
his immediate family, you VIII care'uiy aVoo PsiuS
any domestic details aad glance onward only 10 90
serve if be any al the previous crimes OF lac
deceased cautions egalas HI, VICIOUS prop an
o. her letters than those Iom bis immediate family you W."
am respectfully, gentlemen,
Your nost obedent
ALIEN. sLIDELL MACKeNZtE,
Gctir.sand.r U = ~.
Pa ser H. N. HEisKELL, MidL iPmsn EGBEsr THOMSON
Acting Midshi enan ADRIAN DE-oEpE
NorE-I usual custom board OF vessel to order
an inventory o The esc> Of officer or seaman VINO dies
sell such OF his effects as are saiesoe az sUI;;
which The officers and crew were aowsdto b'd ndscr
ndteIy.
John S. Wetmore was then examined. In ad-
,,,orn before no Conrt Of
Inquiry he now deposed that on one occasion, after
the arrest of Spencer, he heard Mchie say that
:" he rather wished Mr.. Spencer had succeeded in
taking The ship, as he should like that life better
than Being ashore.
William Conger was also examined His testi-
mony wa, the same, precisely, as that he gave be-
fore the Court of Inquiry.
Mr.. Sedgewick then said he intended to offer
the record of the proceedings of the Court OF In
oury as testimony so far related to the evidence
Of William Clark. who had run away.
The Jadgc Advocate read the clause OF the Ma
val Law, which provides that Z" the authenticated
record of the proceedings Of Court OF Inquiry
NAV be taken as evidence before Court Martial,
except in CAFITAL cases in cases extending 10
the dismissal of warrant or commissioned officer.
This he conceived to be bar te the admission OF
the testimony sought TO be introduced.
Mr.. Sedgewick then said that clause he concciv-
ed 10 have been intended for the protection of the
accused, and to prevent such testimony being In
troduced against him in such cases. He sought
for its admission On the ground that 1t was offered
for the accused, and also that principle of COM
mon law which allows the testimony OF a witness
which has been given previous trial, to be
given as evidence where it is shown that the wit
ness has in common law parlance been spirited
awavn Ard it can be shown that this Clark
whose testimonyis is very important, had received
letter directing him where to call in the city of
New York where lie would be furnished with mo-
ncy and directions how to proceed to England
Ga these grounds he should seek the admission of
his testimony.
After considerable conversation the President of
the Court said that previous to the Court taking
any motion on this subject, it would wish to have
statement Of the views of counsel in writing, and
which, perhaps, he would prepare after the ad-
ournment of the Court, and they ceuld now proceed
with the examination Of other witnesses.
Mdshipman Henry Rogers was then sworn
His examination cjicited nothing but reiteratlon
of his testimony given before the Court OF Inquiry
On his cross.examnation he said q l should have
been opposed to going to Martinique, because
should have thought it disgrace to have sought
protection from any foreign power. and because
also. i, would have been dangerous in my opinion
| am no LAWYER and before l would seek Protec-
ton from any foreign power, would have taken
the measures which were adopted, and have hang
ed those three men.
The Court adjourned till 10 clock this (Frlday)
morning
FIRE AND DEArH-The Germantown Tele-
graph states that the house Of Mr. Nishoas Larz-
elere in Abingdon, Montgomery County, Pa. was
burned few nights since Before the family were
aroused, retreat by the back stairs was cut off
Mr.. L. broke through the window and jumped to
the ground, severely wounded and stunned: but
he found means to rescue his wife and several
children 4 woman ns,ned Sarah Weeks staying
in the house. though she might have easily escaped
became bcwi!dered and pershed; and liitle son
OF Mr. l.. who slept in the third story ran into
part Of the building which was on fire and was
lost His elder brother who slep, with him with
more presence of mind, broke through a window
and let himself down from, the roof of The house.
Younger brother in putting on his clothes, did
not noce tina, ,heywere on FIRE, and was seriously
burned liz consequence. Those who escaped were