Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1843-02-08
Fnm the New York Journal NJ Cimm REQ
THE CASE or THE SONFRS

~ y hSGs VT lllIs SOMERS.
FRIDAY Feb. 3-rhe Court was omen
ed at ii A. VI Al the members pres
cnt eXcep; Capt Smith, who was
on account Of i'll hea tn. Tho burma
having been read d. the juice AJvo
cate. the Court is cleared bv order d
the President, and remained in secrc.
session Tor above IN ho'r. Befire anN
witnesses had been called, Mr. Duer ros
ard made an objection to the cour.e
which The Judge Advocate proposed to
p irsue with the respect 10 the ex inina
ton Of Witnesses
Mr.. Ddcr-"\fay ! be allowed to say
a lew words IN relation to an i'm expla
nat N Of what | SAID Yesterday. | then
gave my assent TO the position which
The Judge Advocate had lald do an i'm re.
IatIon to his du'ieS, knowing that the de
lcndant could not be affected bv a mode
oil examination of witnesses which miuh
be adopted. We did not however recol
lcct that that assent must have an effect
on the rights Of other parties. ana We.
therefore desire To withdraw il. We
still admit that he should discharge
those duties in Il Judicial spirit. Yet in
point OF fact he is To be deemed n public
prosecutor. When he calls witnesses
II Is Tor the purpose Of sustaining char
ges, and he can h ave no right to cross
examine or dlScredit his own witnesses.
nor TO put ieadingi questions. ANY de
p2rture from established usages rs a pub
nc prosecutor will lead 10 dangerous
consequence, highly pref rdiced to the
rights ofthe Navy and subs .rvive of the
end OF JUS lcc,nnd woull be injurious 10
the interests o: the present defendant
The President of the Court required
hat all OBJ 'ciions and protests should
be made IN writing and Mr. Ducr then
read a written pr Jest, as follows:
The ounSel for the defendant beg
leave most respectfully to safe, thar in
giving assent 10 the positions Of the
ia lge Advoc lie, that his duties are of a
Judicial charac,cr,and that he was bound
10 protec: the rights orthe accused they
were not to be reg lrGeI as asserting to
n departure from the established usage
in the mode Of conducting the pr 'secu-
tioD, TO any olation 10 the known
rules Of evidence, the due observance OF
which they regard as essential TO the
discovering the truth, the due admins
%tIation Of justice and the rights Of the
Navy.
(Signed) NLEX SLIOELL MCKENZIE
The Judge Advocate then stated thai
as he had not yet been furnished with q
iist oil Witnesses, and had no opportunity
yet OF conversing with tn ose who were
at hand, and as two Of those he had sub.
p%aenaed had not yet arrived, he should
ask for an Adjournment un il! Saturday,
when he hoped 10 proceed without fur.
Their delay. The Court then rose and ad
jOurne1.
The CASE OF CoMwELL-Mr Assist
ant Alderman Scroles, as counsel Of Mrs.
Cromwell, made a private Application TO
the Judge Advocate 30 be permitted to
take a part in the proceedings Of the
Court against Capt. Mckenzie, and %
have a seat at the table with the mem
bers of the Court.
The Judge Advocate informed Mr.
Scoles hat he had no power to grant
such n request. That he was at liberty
TO be present if he pleased, but could not
sit at the table with the members Of the
Court or be permitted to take part in the
proceedings.
Mr. ScOles then took a scat at the re.
p~orter's table, and remained present du.
ring the time the Court was present 10
the public.