The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-15

TWELFTH DAy-FKB Il.
The Court assembled this morning at 10 A. M.
All the members present. but no spectators save the
reporters.
The Journal was first read by the Clerk, and then
Lieut. Gansevoort was again placed on the stand
| and cross-examned by the Judge Advocate The
following portions OF testimony elected in reply 10
| the investigation. A number of the answers have
been omitted as containing nothing new After the
topgalant mast was carried away, both Cromwell
and Small were out OF their stations. AT that time,
neither the Captain nor myself had determined on
arresting Cromwell and Small. When threatened
to shoot the first who should put his foot on the
quarter deck, think Mr.. Rogers spoke in a voice
oil alarm; and SAID, =" Its me sir, I'm sending the
| men att" do not remember if any reply was
made TO me by the men, but ordered them aft and
they obeyed me- Previous to that, was under the
impression they were coming aft to destroy u.s. !
may nave expressea SEQ my satisfaction that did not
might have killed an innocent man. IA question
Was asked as to the time when Capt Mckenzie ad.
dressed the crew, explaining to them the plot and
his discovery OF it.. II proved 10 have been made
on the morning OF the 2Sth after the arrest OF Crom-
well and SMALL
Characterization resumed-I explained pri-
vately to King and Dickinson, my discoveries in
relation to the mItlny, and Icharged them both to
Q-How did you regard the look which Mr..
| cobs ladder
| A.-As decided indication of malice towards
myself; know that Mr.. s. had an operation per
formed on his eye, for he told me so himself, but
this was new expression altogether.
Q.-When did you first take the papers from Mr..
Spencer's locker, and why did you do so?
A.-They were taken on the 3Oth, as think, and
1t was done for the purpose OF satisfying us on his
guilt by getting them translated. II was after he
had told me, that he would have conversation
| with me when his mind was in a suitable state.
Q:-Did Spencer tell you at any time, that he was
willing to answer, and did you communicate that
to the Captain
conversations had with Mr.. S., but do not know
it told him oil such willingness TO answer questions;
lcannot OF course recollect all the conversations
we had together on the subject.
Q.-When Mr. Spencer told you he had this ELIOT
on board of all the ships he had been n but that he
had never got so far as he had this time did he tell
you how far he had got?
A! do not recollect asking him, or that he told
me. Mr.. Spencer was not disposed to be very COM
| municatlve with me at any time.
Odd he tell you when he first preached his
| scheme to Small
Odd he tell you, when he had made out the
papers found in his locker, and did you ask him?
Al don't recollect
Q:-It you made none Of these inquiries, what
did you do IN pursuance of the commanders orders
| to lind out all about the mutiny?
A.-Ihe commander told me to use my best dis
erection, and did sos obeyed the orders; inquir-
Gu among the crew IOTWdrQ, asked the petty officers
SO as to find out the state OF the vessel also showd
MIR Spencer the papers and heard him translate them
a. You say that on the Goth OF November, the
papes was M shoHn MI BY in the
lions, and if so, what did he say!
Al don't recollect, except that he read the
names Off
Odd he make any remark about anv Of the
names except that of Z. Andrews?
A-He did not to the best OF my recollection.
Q.-But were any questions put TO him about the
names, by you or any one in your hearing, and in
the presence OF Mldshlpman Deande?
I'VE had conversation about the name of
Small being in two places.
Odd you tell Small that Spencer had said his
name was E. Andrews?
Al do not recollect.
Q.-Were the papers shown Mr. Spencer after the
arrest Of Wilson, and the three others as before
Any impression is that it was short time
Odd Spencer tell you or any one ID your hear
on his list?
Al do not recoect
Here the witness went over the conversation be-
tween Cromwell and Capt: Mckenzie, when the
former was arrested he added that he did net re-
collect II Capt. Mckenzie charged Cromwell with
having had conversations of mutnous character
with Spencer, nor what was the reply of Cromwell
In reply to another question, the stated that
ne could NOT recollect II the captain told Cromwell
he regarded him as dangerous man.
Odd Small at any time say that any BODY else
was In the mu'iny except himself and Wales
Ais conversation about Cromwell led me to
6eleye that ne was engaged in it. When said to
gwen me certain information hat Cromwell was in
the plot, If there was plot at all. Small's manner
was clear and confident.
gid you at any time tell Small he had better
tell you the whole truth 4?
A.-Not to my knowledge.
Q.-At what time was il that Spencer asked what
Cromwell was confined for, and said he was nno-
cent
A.-Pm not certain If it was the next morning or
not ne seemed very anxious that Cromwell should
be get at liberty; have recollection of Spencers
saying, when the captain told him that he should die
IN ten minutes, that Cromwell was innocent, and
begged that delay might be granted think that
about the time when the prisoners were going for.
ward, the captain said to me that Spencer had told
MN thaI cromwell was innocent, and asked me
what thought about it. told him that thought
ne was guilty. / do not know if / proposed to ask
the petty officers or not but we did it, and nobody
SAD ne ,cas '~nocent but one think Dickinson said
ne ought to have thought Of that before" BY that
he meant, that Cromwell ought to have thought OF
it before.
Odd Spencer ask for the forgiveness of Crem.
well, and dld ne not ask for the forgiveness of
Ale did not ask Cromwell to forgive him 7
heard him ask Small and am under the impression
ne asked wales to forgive him Small did not say
you have brought me and Cromwell 10 this
Odd the Commander show you his letter to
the officers before he sent it to them?
Ave no recollection of seeing the letter be
Vc Tic Odpdln gave IL me on the StarbOard side of
the quarter deck, but thin saw draft, and
think the Captain told me he intended to address
such letter to the officers of the brig I've no reco
lection of advising him to send such letter !: had
a conversation with the DR.. and Mr. Perry in rela-
ton to taking more prisoners then said # we took
more prisoners some of them we had must be put to
death. " r"' ~
BY the CoURT-Was that conversation before the
council Of officers was held! WIZ
WTTNEss-Yes sir
BY JUDGE ADvocATE-Was sail reported on the
ZSth civil time, standing three points on the lar.
board bow? WIZ '"'
h.-Ihe log book says, discovered a sail on the
larboard bow standing to the south and west. This
was from to p M The course of the Somers
then was north IS deg west
Q.-Was any attempt made TO hail or overhaul
her! ~
Al do not know, sir I've no recollection of
that sail EXCEPT that after we arrived here hearI