The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-08
Trial OF Com m ander Mckenzie.


The Court met pursnantto adjournment. The minutes
being read, Purser HEsKrLL was recalled and
examined great length and with much particularly by
theJudge Advocate We give such OF his replies as
pear most important - 'oI
cannot tell il the minutes taken before the Council Of
Officers were read to the council before ed
the minutes to the Commander say f the first
Lieutenant told the council that the Commander was anx
ious to get their reply; took the minutes to the Com
mander about 10 O'Clock the lst Of December had
not written out my opinion do not think had con-
cluded hang them the night previous the papers
shown me are the original minutes; they made
with pencil
Judge ADvocArE-In SO grave matter, why were
WITsEss-I can give ason, except that we had
lawyers there. .-r.nr..
1t great pity sir there had not been one there
Cross Examination rcsumed-There were alterations
tons made except in of the am not po
sve If any portion OF the testimony altered after me
erecution- may have been-The minutes will not tell
that who examined the day of the execution
The minutes loose sheets and afterwards stitched
together concluded that the three deserved
death on the day they executed concluded so be-
cause believed them guilty presume that on the 30th
the officers freely spoke their minds of the guilt OF the
This was unreserved made in the pre-
sense OF the Witnesses No proposition was ever made to
apprze the three men of their situation the charges
against them to offer them assistance, or to see that
nothing but truth testified to against them Before
his arrest MIR Spencer had visited the ward room and dned
there The other Storage officers may have ded
there otener MIR. Spencer made Mr.. Gansevoort pre-
sent of pipe made of whales tooth 40.
was not in situation to see Mr.. Spencer's
took leave of him the day of his execution do not
know any orders to prepare io me naa oeen
ny to the Commander. The witnesses were asked IL the
vessel would be safer if the prisoners were made away
WITH meaning by that, put to death. Something was
said in the ward about its being Disgrace TO the
Navy to take the prisoners to foreign port II was not
said that il brought to the United States they would es
cape punishment.
Here the witness went the particulars of the
rest of Spencer aud was subjected vey close
he of eliCiting Mr. SDenCer'a
ply to the first question put to Spencer whei be was
placed under arrest but the witness could not recall tie
words to his memory which passed
did not hear Spencer that tho with
Wales the first time he had thought the SUBJ
hear the commander that Spencer halt crazy
childish never heard Small charged to his face with
having carried away the mast
know Spencer applied for penisson to scrife
his friends, or If Il refused not saw him telling
Out as supposed it to be private did not wait near
enough to hear it. have never heard the commander
speak ofhat conversation alluda to it. They
engaged for Is or 90 minutes. f
Q-Do ysu, phsn The b.des of Mr. Spencer and the other
tUo svmng at the yardarm recoiec hea' ing Comman
der Mckenzie say, Ms-whie pointing to the body OF
Spencer"Now Commodore Perry did not take the respon.
siby ofremoving that young man from the brig BUT
HAVE OF HANGING HIM lnr .r.
Al do not recoect hearing it.
Q1well, sir did you hear him say 1t on the Sunday
Awe no recollection Of it, sir.
In reply to other questions the witness stated that he
bought dirk so often spoken Of and made present of
it to Mckinley who his cot boy. He considered
present to good and serviceabe boy At subsequent
part of his examination he said that the minutes OF tes
mony taken before the council had been copied several
times and Wales had recopied his statement after the
execution. The witness was then examined al great
length with respect to Mr. Spencers account and the
tobacco Sc. he had drawn from the briggs stores which
all omitted.
By Capt BoLroS.-I know that Wales and the Com
mander had misunders andng it Of delicate
ture and affected Wales character before explain
ed; DO not know where the explanation took pacebut
think it was before the arrest.
In question: the witness said that out of I66
apprentices, he picked cut 10 TO go the cruise.
Capt MCKENZIE said, he willing TO say that had
every opportunity for picking out the best Of the appren
tees this station. He selection, and back
those he did not like. He picked them mostly their
physical qualities. ...
Here the Court rose and adjourned.