The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-29

That VorE IN THE SoMERs CASE On turning to
our files, we find that we made error yesterday
in the list OF the members of the Court Martial, in
having substituted the name of " Aulick" for that
of "Storer." Captain Aulick was not a member of
the Court, although he was one of those originally
nominated. The nature of Captain Storer's vote is
rather uncertain.
sort of amicable law suit has been instituted
against the Journal Of Commerce, for the purpose OF
elicng all the facts respecting the decision OF the
Court Martial. Mr. Butler, on the part OF Hale and
Haeck, and Mr. Duer on that of Commander
Mckenzie, have had several conferences, and have
agreed to have the suit instituted for the purpose,
as have just stated, of asceraning all the facts
The examination in Philadelphia to which we had
reference yesterday, grew out of these proceedings
According to rumor in naval circles, il is stated
that the last member who voted, before doing SO,
made short speech, in which he declared his
opinion that Commander Mckenzie had not exhibit
ted sufficient grounds of justification of his conduct,
but adding that as the case had been of singular
difficulty and Importance, and as Mckenzie had
some claims on the eniency of the Court, he would
not condemn him by giving his casting vote against
him. This member then voted not proven,' and
saved Mckenzie. Now, according to the usage
and law of Courts Martial, the members vote &C.
cording to their seniority, the youngest giving the
first vote, and the others in their turn until it comes
to the oldest member, who gives the last vote.
Captain Sloat entered the service in 1900, and was,
therefore, the oldest member of the court but his
present commission is dated 1887, whilst that of
Captain Downes was issued in 1917. How the
oT ,;or.t potcc rfain
But we know that the conduct attributed to the
member who gave the last vote, is very much IN
keeping with the known liberality, amiable spirit.
and iorbearing disposition of Captain Sloat We
give the rumor, however, for what it is worth, and
proceedings may give it.
II the rumor turn out to be correct, it will be seen
on what mere feather the fate of Mckenzie turned
If not correct, it remains to be seen whether he was
unanimously, or nearly so. acquitted But it is most
important to know the real state of the case great
deal of inquiry and conversation have been produced
here, in consequence of the rumors respecting the
nature of the vote 1t is certain that great differ
ence of opinion exists among naval men in this
country, respecting the propriety of MCKENZIE
conduct. Many officers In our service condemn
him, and we believe that is the only sentiment
among naval men abroad His supporters seem to
be confined to the immediate atmosphere of New
York, and even here several men of high character
and great experience condemn his conduct. We do
hope that all the facts connected with the decision
ofthe Court Martial will be given to the public 1t
is just, and perfectly reasonable.
Since the above was written we find the following
in the United States Gazette of yesterdays
The soMERs CAsr.-We understand that Commodore
DaoI I'D Eoptot Cuuinn
Commissioners Messrs Read and Gerhard, but declined
answ erng questions until they should be satisfied that
the Commissioners had the authority Court of
Law, to PROFOUND the questions They are now salts
fed and will this day. hear the questions, and give the
answers We understand that the inquiries will extend
only the state of the various charges and
specifications and not to the who gave the votes
how many were opposed, but not who for, who
opposed.
MRS BRoUGHAMs BENEFIr-This lady takes a
benefit at the Chatham tonight. Mrs. Brougham
is lady OF great talent and remarkable personal
loneliness. Her style of acting is eminenly chaste
and finished. She has now fulfilled numerous en-
gagements in this country, and established very
enviable reputation. She appears in the character
of Hamlet tonight, and from the cclat which attend
ed her impersonation of "Ion," we have no doubt
that the performance on this occasion will not de-
tract from her tame actress Of great versatility,
taste and genius. That she will have a crowded
house we have no doubt If the talents, beauty and
high responsibility OF Mrs. Brougham do not COM
mand troops of friends" we do not know what
can.
TRAVEL TO EuRopE.-Fashonable travelling be.