New-York daily tribune., 1843-01-07

1
| izto port had not The execution taken place
| 4. ] did not believe Il lhen, nor 90 noW.
have gcn mo sciian with any prospect OF sustaining The
hopor american Gag. aHd worla Shs 20. i've M
into action after shs wiz. lar oe--ef
! sustaining thai kenora
g. Was thfre any place en- hoar1 tee S"els @ of re-
prisoners eould have been kept beyond TIC 'eaei u ~
| cne from the crew ,l,.. !.
a No. SIR The quarter deck IVES the alosi secure 'e
G. Did you otse-ve aay indications of unmaniy fear OF
ola esrctc temper or any qualities nAoseo,tts 80 NJ
racier OF al c-cer IN The coninanaeF or any osAei y
the SoIDefs,
/ f. No, si..
The es;ilDony OF the witness read over, and he re-
Mitshipzlan D.oade swprn-I was acting Nidshtpu'an
Cd and have been wear IN the service. Frs, heard q
the muiiay the 26in Necsmher. Mr. Spencer to!t an,
wten we're off Cape MesUrsdo he told me tnat ae
shnud Ike have coSlmaHd OF brig ike this-wona
cruise OF the Wes Indies Tor savsrs 0cFeF heafu ..
talk OF pirates or pirac;es or ae Isle of Pines OF taxing
The Sorefs he :ios brig which ne had paste,.-
Il not the Souies hat Al bsrnaphrUdte or1g aon
remember whether j, had any dag The SSmers 1Li
rig ed brig. heard him cake oil mutinoos eH
presons against the commander Eave beard mn s9gse
The comma rder he said he had his own " ay sl.a nm
he would dismiss him from tie The crew we're
very p-UpI cbeyiag orders and good discipline rti
reached aadelra This witness gave TIE same ae-
discipline The other Witnesses on ihs ~
December 10 O'clock ordered 10 take charge OF hs
priscuers, and Cromwell cld 10 tel the officers 10 ever
sched condnct appearance OF the crew ifoi he
,e OF the arrest0 the execution IN SIMILAR manner m s
who received testimony und did not give 10 the ieef 10
| tie cor msn5ef. tot being asked TO DO So -,
Questioned by Captain MackeEzie-G. Dd you near
M pepcer shortly prevons his arrest say be would
v=rite no mo:e in his Journal
@ For what reason did he say he would dismiss his
commander from the service,
4. Because he tad reprimanded him for negiectng bis
Captain Mackenzie here rose and stated 10 the Ceurt
that the which had induced him not 10 cal on
ne s6oald aecne % l. ask she9 any questions
subjects merely matters OF opinion.
TIE testimony the witness read oYerto nun anu
the Judge Advocate asked him If be believed from what
be The vessel that she could have been brons n
port By her Officers whoui the execution taais PIN ~
he replied, be did not believe then and does not nos"
John II. TilotIsn, s:rorn-I vas actng midsApman on
the SoulerS dnrng ler las; cruise am 10 yeSrs OF &c
and have been in The service four Previous
10 Spsncers had heard him say tha. he had CHAR
write, which nobody could understand out nhi
self f,aw him urin pIsce OF papr: The night ne
fore he taken and he said he would got have II seen
by any think he put XIX his ochel
! when he had Gore. Vixen were bearing down upon
the brig America before arrival al Madeira, he s9a m
should ike 10 have the launch full armed nen and take
possession of her have frequently heard him call ire
Captain hun.bug, but don't know that It was IN ne
presence of the He vas in the hahi o aSsociaS
with he than his messnaes, and have known
men He was most on term, ,sh McKnly Mckee. Green,
scott Cromwell and Small. have him talking prl'
yatey with Sua! and Cromwell Tbs witness gave Ge M
OF ELI OF his innocence and the behavior
and conduct Of the kGow that air. Spencer gave
liquor to small which ne iad got @ iro! "sTsI' nns f
Wahan brought it from the wsra-rsom the steer
sae several times 70 Mr S1snccr have seen Spencer
drink i, sometimes and think the night previous 10
his thai he it 10 Small who drank II IN tne
seerage have noticed iat Crsmwei wa, vfry E s sess, W
| rested he was more playful with them. recolec Mr.
Spencer striking because did not relieve MN quick
] enough, andi struck him back
QUESTIONED BY CAPT. MACKENZIE.
O. Did you hear Mr.. Spencer shortly before his arrest
| say he you'd not write any more!
A. did noticed that he had not written IN IL oL
r,~,iya ,Nn,f and hls n
@ Were the Midshipmen on board the sopers required
10 up their and send IN every sunday
O. sw fo,ige Advocate From wha, you observed Of the
conduct and emeanor of the after the arrest and pre-
vous TO the execution do you do you not believe that
the vessel conh bave been brought safely INTO por' 0y e
| officers II the execution had not taken place!
A. did not believe could, and do not believe Il now
The ie.tmony Of the witness read over and be
O!iser H. Perry r.vorn-1 was commanTeF, cers on n,,
board and doing duty as midsiipma- NJ "
heard of ,;e ,iu,iuy le 18th Nov. Previous 10 Mf.
Spcurcrs arrest haf beard Enl say at ne 10
command vessel Of his own shortly thnh II wa was anoIt
were talking together, and Mr. spencer SAID th IN lne
presence OF Mr Ganscvnnt have also beard Mr
sp.ak very dsresprcully of the CoInmanderqce when
gong ashore a bcsurado but DO not member e WORDS
another lmc in the steerage While we we're al
there was an Italian slave dealer there whom Mf Spencer
wen, 10 see there were three four Of Us there and
heard Mr Spencer ths, he bad derived deal OF nor
nation from him. saw him drawing brig, but he never
showed il 10 rse think he intimate with the men
rs with his nates Cromwell, Small Mckee and
send scKe his locker TO get tobacco know he
Sought box segsrs when he first came on board and
gave them be distributed among The men The witness
gave similar OF The discipline 10 that oil The other
witnesses was the iorecasile when he top gallant
Van Veor-wEo got hold OF the main royal weather brace
they erked hard Delayed it very kard and N hall
| minute The mast went.
QUESTIONED BY CAPT MACKENZIE.
Q. Was Small stationed forward,
a. No, sir, be was stationed att he belonged to the
@ Before the occasion on which he hauled in The main
brace. did you ever see him dong duty forward
@ Did you hear Mr Spencer say shorty before bis ar
resi-. that he would write no more 10 iis Journal
O. Did YOU hear Mr. Spencer shortly before his arrest,
ask whether he had been talking in his sleep and 'ay Gc
had been dreaming would have been heard 70 talk
| about what he had been dreaming for a great deal!
In reply 10 the Judge Advocate he that did
without the execution having taken place
The testimony OF the witness was read over, and the wit
Sergeant Gatry, sworn-I board the brig So
ss dong eny as @ Nov n,s ss, 81,
tonhned On lie passage between Madeira and Ten,
ariIe, ssg the combings Of the main hatch, and
Mr. Spencer cane up and asked il 60 ashore
10 do drly. wouldn't be reduced 10 The ranks told hm
| no. sir unless committed CRIME. He asked me then If /
made sergeat Tor the purpose o gong on board
the brig do driy uas;crat-arms and told hm was
lie Ihen changed the discourse by sayag she hne
vessel said she and be ssd al the time that lie
cau!d take her With six told him he cnni Eoi da i,
with tree times six. He said provided hs knew where
every thing !ay well as did, and the keys OF the
| chest. lie veat describe how he could take her.-
First be world the Captain and officers, then take
possession of the turn the and he made 10
dcubt ey his ia arms they would give
in him. told him then that after the crew had been
tuned up they cord rush him. and before there might
he killed couia throw him and his overheard, and
be think poor TO think ne could take IL
with rsen-oh something Ike il, he muiiered out
he wen, away Thus ended lh1t conversation. On or
about tl s, Nov heard Sir Spencer ask Cromwell bow
he would ike sail ~ith him. Cromwell said he ID Ike il
| we'll That the forecasle- About the 10th, az i
sitting the combngs Of the fore scut,le, there were
number OF the standing By, and Cromwell in front ct
Mr Spencer. They talking about thing an.
| other and the army int-edrced by one, ard
asked Mr. Spencer il would no, be better for him e go in