New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-03-23
THE TRIBUNE.
DEFENCE OF COM. MACKENZIE
Naval Coart Martial.
Reported fer The New.York Tribune |

sessions have been held. The room was densely
crowded by q large number of gentlemen and Ia
dies assembled to hear the argument in defence of
Commander Mackenzie, which i. was understood
would be presented. After reading She record of
the preceding day the President of ths Court called
on Commander MACKENZIE for his argument in de-
fence. Capt. M requested that GEORGE GR1FrEN
Esq. OF his counsel, might be permitted to read it
in his behalf. The Court acceding. MIR GRIrFEN
rose, and, amid the profoundest attention of all
assembled, read the Dofeuce-which was as fol-
lows:-
May it please the Court:
The first three charges under trial and on which you are
pass judgement, have for their ect the
culion of Mdshipman PHILIP SFENcgR. Boatswans Mate
SAMUEL CROMWELL ana Seaman ELISHA SMALL, on board
s42 twill be found that these ,e ebaFges are bur va
raons of enc and the identical ciarge which is that
such execution was directed and carried effect without
jusiable To the fourth charge, alleging ha; aun;.
ng and un,ticeske asgrnga was used TO Mr. Spence by
the accused al the tune OF The executions and TO the fifth
CHARGE alleging that the conduct OF The accused towards
his ere NV, was cruel and oppressive nothing required TO be
fdenly, submitted the plan full and conclusive evil
cencc before the Court, without word OF comment
importance to ascertain prsionary whether mutinous
conspiracy In fact existed board the Somes and whether
the persons executed were pnrtes that conspiracy
That such conspiracy exsed that had for its object the
conversion Oh the big lno p!fatca that such OBJ
ect to be effected by the murder OF the officers
faithful OF tho crew; and that Mr. Spencer and Small
not only parties but in the neutrality-suspicious.
iren their repeated and solemn declarations from
uneqnivoca documentary evidence DR.. Wales testees
that the 18Th OF November, MIR. Spencer took him aside
to place OF secrecy and 10 him The whole
mutinous scheme He told him that he leagued with
abou. twenty OF the crew TO gel possession of brig
Dir Spencer de,aed to MIR. Wales the plan of the opera
tons was systematic and esineed much delera,on That
this communication was froic boyih fancy has been
sometimes suggested il clearly dsproved by Mr.. Waes
and by The intrinsic circumstances of The The APP
peaance ana manner OF Mr. Spencer were earnest and
grave; before he would make his communication he bound
M Wales by az oath Of and previous 70 parting
dered Small was present at part of this Interview
the s ns and
them. Mr. Spencer told Dir. Wales that the plot de-
oned ay p Mr. s a. d Is ns
adwriting in Greek characters II is in pieces,
fore generally and correctly called the Greek paper Tie
singular NUMBER and is so called in this deeEct One ofits
expected 70 join ,hem marking them certain doubtful
10 be retained board, willing unwilling together
with few explanatory remarks; the other piece torn from
book on geometry and having lis back covered with geo.
mecal figures assigns TO soae oil The chief consprators
their stations when HE outrage should occur This Greek
document is the oc i record OF ibe nntnops conspiracy
prepared Gy the Chief conspato; and like other reeorts
contains its face against the parties and prveS 10 it, The
objection results the circumstance that the
Greek contains only three consPrators marked Ger
sn exclusive of SIR Wales the other names on the paper
hfng entered either 10 The doubtful list or in the list OF
to he detained board at III eYcEts Ihs paper
had doubtless been prepared at the Inception OF The con
spiracy, when in truth there were only three confirmed as
soca;es appears that some time before The disclosure 10
Mr.. Wales, Mr. spencer had several occasions exhibit,
ed ac GrecA paper 10 OF his associates IN gn; and
that was even then paper soed with use pae
con.prators in fact only three. II was net Afterwards
,ansoose their names from either the other lists tina.
marked certain 10 add their names to the paper al
the name of small is his TO be found IN any part
OF paper, except where proninen; post al te M e
sion to add 10 the LIST the OF the other accea.
RES thou oh lh baud OF determined conSpl.aors mad al
lormidabe number of twenty 1t possible that the name
of Nc Wales might have been inserted in the paper aer
officer his secession would though, of peculiar irapor
tence bus more probably his name was placed eie wheh
Standing osone duration between the commander and r
Wales notorious; and it snot strange that the conspa
tors Judging of his feelings and prnspes by thcf OVID
should have placed bis name even without consulting nun,
ip the front rank o.. the conspiracy =,
pass over least for The present. many etner parts VI
The tending TO show existence of the conspira
c, aad The gni Mr. Spencer and small ana PToseeG a.
Spencer and SMALL with their dying lips voluntarily con
iesed their guilt in the presence OF Tue officers ana Nv
Spencer adding that he had at,empsd putiny on board
the two national vessels in which he mad ia?t saeu, aiu
that bis hmae e guilty Of felony or
other henous crime unless The confession was e1'ored
cond, mn man his own mouth IS rule OF EVIDENCE
which the Judge OF all the earth has 70 LEI
Will himself adopt In that great cay
will not be based on any fnlblc pio -.
Tbe .uj,t of Crop eli less manifest. The badness
OF his general character and co Duct Tue suoeeh
with ha;shnes he had been won't and
them popular manners, as he iouna their adneson 70 @
conspiracy neced his repeated AMI proiane declarations
of deep hostility against the commander and ofcefs; ms
threat 10 carpenters mate e before ue uiscove,S
OF The plot when thrown of bis guard by sudden passlo
tina, Iii, time short; his intimacy win E. Spencer
ceiyng gifts from him in money ana otne, aiuI,ss a
spending with hui hour after hour alhost ua''y
secret consultations an intimacy made more suspicious py
The fer euce the rank OF The parties; MS oe,s
Mr. Spencer private conversation VINE her he conc @
rue b,. brig so that she would not be known ana MS say
IMP tia, he could easily do his advising MI Spesc. 7, III
another prra conversation, &c have Tue ooei' o ie
cut away and her 'auneh i. IN nemar coin
70 ener her more III TOR prarca sfivice Il, suS u 10
cidence with the sub qaent decaraAA OF .n., hs
Mr.. Wales that lie meant 10 have !hose hiis ou.s us 81
ng eheard 10 say Sma thai they "oeiu som ~. |
oee ,hs s OF Pines Ia noted rendezvous tor prdte also
in strange coincidence with another statement 9y I
cer 10 Mr. Wales, hsi he insnded 70 carry ne pis
his inc his money before the disclosure o, ss
Conspiracy from the petty officer In whose haios ne
placed for safe custody, WIN no arE os sestruc.
lion should epsue; his absence oil nina lot Gays -
Of Ar Spencer, seeming 10 be o.ooulns 9th
ate lhopeLt his and repeated
Sinai, inst after Mr. Spencers and before MS OWE oe
trsyiug BY looks ana manner deep etao,oh ei
tai irei.g; his Tilul dlSobedience oil >laups h;h
the shin nm the orninp preceding his own arrest anu
order having been repeated TO him by Inc urs ~
discovering the default he again sinhooriy @ liza,
obsy Snt's declaration the day before his
il an was leagued th Mr.. Spencer,t was M ,
the ootcmporaneons united and solemn opinion o. an
officers thai he was guilty, oundsd at LEAST IN par On
ocular view many little ilcidsnlS anu appearances
though collectively carrying home their own nnas
and sure Conviction cannot be adequately
OFFERS il all their and sometimes though o
rpo are all in evidence before The Cosr''
and which leave reasonable doubt o! crom ~eiis gai
Bnif nrher proof is needed tits found III the controlling
fact tat The very person 10 whom Mr Spen-
Ger had been privately exnoang ans ne
MIR Wa,cs Frcm the close intimacy teat subssed between
r. Spencer and Cron"eil. u ns, enn Ne