The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-12
u. s. District Court.
Before Judpe Rats.

In VACATION JAN. 1.-THE United S ates VS. alexander
McKsnsie and Gne't Gansepoort-.1pplication for a
Warrant against Mckenzie and Gonsepoor for the Wfi
Murder Of Samuel CromweH on The High Seas.-JoHN II.
ScoLEs, Esqr, counsel for Margaret T.. Cromwell
widow Of Samuel Cromwell. applied to Judge Belts for
warrant for the arrest of Alexander Sdell Mckenzie aud
Guert Gansevoort charged with the wu murder OF
husband. Samuel Cromwell, on the high seas The aI.
p'ication was FUNDED on an affidavit OF the widow and
proof of the admissions OF Mckenzie and
they put Cromwell to DEATH by hanging him at the yard
ofthe United States brig Somsrs. Mr. Scoles sun.
ported the application by referring statutes of the
United States and the decisions of the OF Great
tain and country and insisted that the present
Of murder on the high seas and within the
Jurisdiction Of The Uated States Circuit Court He further
argued that if Naval Court Martial could take cogni
of the offence (Which he considered question abe)
its jurisdiction with that OF the Circuit
Court and not erciuspe The Court of Enquiry which
had been instituted did not the Civil Courts of their
jurisdiction twas not sitting in Judgment upon Com
mander Mckenzie as to acquit condemn him. Gan
sevoort was not before at all He had been
witness and at liberty. Were the parties ar
rested by martial it might be urged that they were
in charge Of tribunal possessed OF legal authority TO in
vest gate and punish their conductbut was not the
fact. They were charged with wfu der they had
admitted that they took the life of Cromwell on the hi
and public Justice demanded their apprehension
Where the civil courts and the naval martial had
Jurisdiction the preference given to the
civil tribunals This the spirit OF constitution
and laws
JUICE BErrs DECISION.
Two afidavts were presented yesterday afternoon
for to Alexander slidell Mckenzie and
Guert Ginsevoort for murder, committed the hig h
The affidavit of Margaret F.. Cromwell states that she
IL the widow of Samuel Crom WE'LL and charges that she
is informed and believes her husband was pu To death on
the LIST December last sea- on board the Unite state
brig somers by order OF Mackenzie aided abet,eJ ami
assisted in the said killing by Lieut. 0snsevoort that he
was put to death without the fora semblance of Trial
and without the least legal evidence the guilt or mis-
conduct Of the said Cromwell
She furh her states that she is informed and belle, es
that ssid Cromwell put in irons board the said brig
The 9th day OF November and remained thus confined
until the LIST December when within two or three davs
sail OF the Island Of 81, Thomas he b, order of the
accused deliberately put to death by hanging at the yard
OF said brig.
The other deposition made by Charles Clesveland. al
leges that he present on board the IT, s. Shin North
Carolina and about the Doth December last heard
report written statement read and also heard Mckenzie
he accused edmt it was made by him, and in that
ment Mckenzie admitted he did deliberately put to death
Samuel Cromwell by hanging him at the yard arm on
board the u Brig somers the high the first
lay oil December last and also that the depenent heard
Gansevoor the other party accused -edge he
aided ard sbetted McKenziein the said act
me counsel also submitted published report of tn
statement oil Mckenzie and the procccdings thereupon
referred TO that evidences of his admission and the
manner in which it was made.
u is first to he remarked in respect TO this proceeding
that IL is not conducted in the method usually emplovsi
IN criminal accusations in this district.
The strict Attorney is the oticisl representative Of
the Government in criminal prosecutions Is Peters
i5) and can rarely happen that magistrate will feel
bound TO investigate charges which have been made
known to the District Attorney, and which he then ac
olincs TO prosecute or countenance.
Il by follows thst the uuwilipgness or refusal
Of thnt oncer 10 institute criminal prosecution will de
bar judge OF magistrate investigating charges which
before them properly authenticated will control
them in the exercise of full discretion in the mattfr but
is found most conducive 70 the orderly administration
Justice TO the protection Of the and the vindca
lion OF the laws in discovering and furnishing public Of
tenders, to leave 20 the officer OF the law charged with
this duty collect proofs inquire whether their is pro-
Dable any offence ginst the laws and prepare the
chargest be- presented before tho examining mag
IL concealed that in this case the District Attorney
or the gentleman conducting the business Of his Office In
his absence on other oca duties both declines TO act IN
this accusation its at the
present time and In this orm