New-York daily tribune., 1843-02-09
NEW-YoRK, THURSDAY MORNING, FEBRUARY 8. 1sa3

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Mr. Duer then said he had word add, which he
could net with propriey say in his written statement II
thiS-tfa iuure, wherever any question pct
eIteBded grounds of objection either orally in writing
but should merely say he objected 10 the question AID
should leave It 10 the good sense and Judgement OF ihe
Court 10 decide its adulsbity I1admlssiby unless
the Court should Otherwise him 10 make asy state
nent OF reasons them.
The Judge Advocate then said he wished ask Nj uer
whether when he spoke CT other qaestisK1 of
PREPARATION he meant TO insnnate that he tthe j. A. was
ASSISTED by other counsel.
Mr.. Duer. DO conceive ,kat my expressions war
rant your asking such question. Had meant make
such asi1uaiioh, hould have stated that would
require any explanation. Besides know OF
why you should get the assistance G you eq1re m of
other counsel
Judge Ad7oeate. jus, about to make that remark,
and am quite satisfied with you explanation.
The Court was then cleared, and remained with
closed doors nearly two hours. On its being re-
opened, the Judge Advocate said:
Captain Mackenzie, the Court has decided that
the paper which has been read be placed on record
and that the question be not put in lis present
form.
He then read his (the ]. A. s) opinion as fol-
lows:
The Judge Advocate OF opinion that the question was
entirely legal he having right the ruhflness
to recall by enumeration the witness, all The difficult
ties OF the scheme the unk.hosd either that Spencer told
him the dclaS al ALL that conversation ensued between
them which wonld show that The zaton was ineom-
pe,e-and that The muny if existing ALL stated not
intended 10 take place u such further aequ,sion o ao
be easbe-ior the witness has sworn that the muIny ~as
break ont before the arrival at st Thoma and OF course
il is ghiy important TO ascertain whether the muilny was
immature or not
Besides the Court cannot know but that witness may be
called 10 prove that the conversation inquired oil did
take place and the existence in point Of fact OF any
such witness cannot affect the validity Of the question on
principle And conceving that entire right would exist
the question generally whether the witness explained
TO Spencer That the mntny was not option
difficulties bis questionable may have good reasons for
VILLAIN H. NORRIS, Judge Advocate.
Mr.. Wales was then recalled, and his cross-ex.
animation continued. A great variety Of questions
were put to him BY the Judge Advocate in rela-
ton to his conversation with MIR. Spencer-the
period at which the mutiny was to break out-his
opinion as to what might be the reason of Small's
being directed to sec that Topman-whether Mr..
Spencer had said he would have another interview
with witness on culture day" or the 50 morrow,
-his opinion as to what were Cromwell's motives
in his change of behaviour TO the boys-Spsncer's
giving tobacco and money to the boys-whether he
regarded Spenccr's being favorite with the crew,
and their gathering in groups after his arrest, as
mutinous or unfnvorable indicatiens-with many
others of like character and tendency, but none
of which had any effect in shaking his testimony
as given on his direct examination. He was also
asked number of questions in reference to the
eridence he had given before the Court of Inquiry
Gas reported and to be had in . pamphlet at our
desk J and before the Council Of Officers previous
to the execution, a. compared with his testimony
before this Court, with view TO discredit his
timony; bur without effect.
The cross.examination of the Judge Advocate
having been concluded, Captain BoLroS propound-
ed several questions, of which was as follows:
@ Did Commander Mackenzie iaunting language 10
Sir. Spencer
4. No, sir, he did could Commander NJ while
he couversng with Mr. Spencer the armchesl, and
he was weeping freely.
The testimony of the witness was then read over,
and the Court adjourned till this (rhursday)
morning at 10 o'clock.
81 n~x1~