New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-02-08
Naval Court Martial on board the u. -.
ship North Carolina.

people.
| Naval Court Martial on board the u. -.
| ship North Carolina.
MONDAY, Feb. 6, l3i5.
The Court after the reading OF the minutes was
cleared and remained with closed doors about
,hree-auar,ers of an hour, when it was reoPened
and
Mid Charles w. Hays called and sworn
! The Judge Advocate having resd over the hrst
charge and first specification to the witness, was
about to question him thereon, when
| Mr.. Duer rose and stated that he had understood
the Judge Advocate intended to take evidence on
each specification separately, and SO make three
trials of it. this being in his opinion subyersi"e
OF the rights of the accused.
After conversation, the Judge Advocate read
paper in which he purposed TO apply the evidence
| taken under the first specification Of the first
charge to the first specifications of the second and
third charges, as all three charges were founded
on the same facts only imputing different degrees
Of Criminality He also proposed after having re-
ceived testimony on the first specification that the
accused should go on with his defence to that before
he examined testimony as to The second and third
| specification.
To this Mr.. Duer objected being wholly I'M
precedented, and the Court was again cleared.
On being reopened the Judge Advocate an
nounced that the Court had decided that the trial
should go on on all the charges and specifications
| in their order.
The witness was then examined as TO the fact of
Spencer, Cromwell and Small having been executed
by the order of Commander Mackenzie, and their
not having been present the Court of Ofiicers,-
the facts of which will be found detailed in the
pamphlet containing the proceedings Of the Court
of Inquiry, to be had at our desk.
The Judge Advocate then stated that by agree
ment between himself and Mr.. Duer, he should
reserve the 4h charge until he received the opin-
ion of the Attorney General The 9Th charge, he
said, had been preferred to afford Commander
Mackenzie opportunity of vindicating himself
from public rumor that he had treated the crew
of the Somers cruelty. He (the Judge Advocate)
could find no evidence to support it, and must,
therefore, abandon it.
Some members of the Court objected to the
charge being abandoned, and wished the log-book
to be produced.
The Judge Advocate said he had issued sub
pona for it. He had used the term abandon, mere
ly to signify that he had no evidence TO prove it.
Captain Bolton thought the charge ought to be
| abandoned on account OF its vagueaess.
After further conversation, the court was
again cleared, and on being re-opened the Judge
Advocate asked Midshipman Hays
@. Did Commander Mackenzie to your knowl.
edge treat the crew of the Somers cruelty, or in
Uirtu sbpoan
A. Not by any means.
The Judge Advocate here said 81 shall call no
other witnesses, sir" Some of the members
thought taco witnesses ought to be examined, and
the Court was again cleared
When re-opened, the Judge Advocate informed
Captain Mackenzie that the Court was ready 10
hear any testimony he had to cAier
James w. Wales was then called and sworn for
tse defence and after stating his age, &c. be was
desired to state the conversation he had had with
Spencer, in which he bad communicated to him
the existence of the mutiny OR board the Somers
He proceeded then to detail the conversation in
almost precisely the same words as before The
Court of Inquiry, as reported in the Tribune, and
to be found in our Pamphlet continuing full re-
por, Of all the proceedings
The witness having concluded his narrative of
the conversation and his communicating it to Lieu
tenant Gansevoort, the testimony of witnesses, as
far it had gone was read over, and the Court adj
ourned till this morning. at 10 o'clock.
| Loss OF THE PENJAsAwAcK.-A new schooner
! by this name, owned al Bangor, sailed from this
! port tor NewOrleans some weeks ago with ballast
and hhds. In nests. After being at for some
| days she sprung Leak which the crew were una
! BILE 10 master, and the schooner was abandoned.
The captain and crew arrived to-day in the Helen
| Gray, from Porto Rico which fortunately came
along Just III tina their lives. The schoon-
er was OF al tens burthen, and cost $1,000.
BAPTISM BY IMMERs loS.-Fifty persons were
united to the Bapris, Church in Norfolk street on
Sunday last, to whom the ordinance of Baptism
was previously administered by immersion in the
East River, Notwithstanding The inclemsncy the
weather, and the fall OF snow which continued
Throughout, the day. a large number of spectators
were present.
70 Passengers from Havana say ;hat it is now
as difficult get living in the island of Cuba as
IN any part OF the United States. Small traders, |
clerks, and mechanics particularly. feel the en-
earraSsment OF the tines the fall OF prices and
the s'agnssion OF business. AS might have been
expected, this state of things has caused q good
aes! OF r1urmuring against The COVE nnent whose
sxactions are rs heavy as ever ,ltey were in the
days OF prosperity. Some well informed persons
~ havana entertain many m.ssivings to the
| future. New-Orleans Courier.
hAiLRoAD AccIsENT.-We learn that the as |
SENSING ana descending trains on the Hartford