The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-14
Trial OF Commander Mackenzie.

led by prosecution.
Q-Tell what passed between the Commander and Mr.
Spencer when the former the doom to the lat
ter Al dc not recollect. Q-What was Mr.. spencers
position before the Commander went to him that day p
A-lsaw HIM sitting on camp STOOL with his head on
his hands, and shortly after that observed him in
versation with the commander. Q-Did you hear him
dictate any letter to the csmmander7 Al don't recol
lcct; lsaw ham In the same position and may have heard
the commander order pen and paper for saw him with
Q-Where was you at the time Al abaft the
manmast. and for short time than McKin-
ley. GLOW long did the writing continue 2 Al do
not recolect; wa: not present the whole time Odd
ed to write home ANo sir I've reported all the con-
vsrsation heard in my former examination. Odd
the commander before your arrival at st. Themas tell
you to whom Mr.. Spencer did write while he McKen-
lie was acting as his amanuensis7
Mr.. sEDowieK-Why. sir. that assumes that he did
write.
juror A.vocArE-Most assuredly. Capt. Mckenzie
has admitted it.
very angry conversation then ensued as to what the
accused had admitted The written was referred
to- and at last the Judge Advocate agreed modify his
question to thisDid Captain Mckenzie tell you, before
your arrival at st. Thomas that Mr. Spencer had
written message to his friends any of them. A
No, sir; my impression is that he did writes did
send any message. Odd you hear Captain Mckenzie
make On address to the otter the execution7 Al
bslisps heard oil the addresses he made. Odd the
m.nSsr inform signify in his address otter The eseeu0n
before he hung; that he had died fun Of lies in his
mouth. words to that effect Aid know but he
did. Odd Mr. Spencer tell you that he had no
thought Of mutny it was all foolish talk A
l've no recollection OF it. Q-When did you first hear
me60aRe
Al did not hear it at all Q-Nor any of them2-
A-No, nor any one of them.
The JUDGE ADVOCATE said Il have no further questions
Midshipman EosERr THOMPSON was next called and
examined as to the conversation (which ensusd be.
tween Small and the Commander, which unimportsnt
as the witness did not recollect it.
Q-what passed between Spencer and the Commander
before the former was executed A--The Commander
spoke him; did not hear the reply but Dunn was or
dered to bring camp stool and pen and paper. The
Commander sat down on the arm chest and wrote O.
SDelCer'1 nd A
Yes, could see his face Q-Seeing his face what should
you judge was passing between him and the Comman-
der1 A-The Commander writing some of the time
and was conversing some Of the time.
Here Mr. sEpswcx nterposed and wished the Court to
stop this kind Of questions to call the Judge Advo
cate to give his theory of the case.
The JuDeE ApvocATE said he willing to do if the
Judge Advocate then said thsOry his that in his
dying moments Philip Spencer die dictate to his
friends giving satemento Of what occurred. and deny
ing any intent OF committing mutiny. That he said
then was foolish boysh within he had got in his
heal, and which he had been amusing himself with
That he had i'll will to Capt Mckenzie, although he
may have taken some exceptions to his general
That he never dreampt Of comprising his death That
ments in the expectation that the Paper would be sent to
his friends"
The PRESIDENT said-but how you expect to get
| tit7
Here the JUICE ADVOCATE referred to Capt. McKenzes
official narrative and it there found that the Com
mander HAD TOLD PHILIP SPENCER THAT MESSAGE
HE WISHED SEND FRIENDS PATH
FULLY ACCORDED AND DULY DELIVERED.
the course of which the President said that his opinion
three fourths Of the testimony had bearing the case;
to which the Judge Advocate replied that he considered
this the most important part of the case.
The President said instance Of this, the first day
the carrying away of the mast had been enquired
every member of the Court understood it, and yet whole
days had been spent en- it since.
The JUDGE ADVOCATE asked the President if he spoke
the whole Court and then strangers ordered
withdraw, that the question might be discussed. The
Court decided that the examination should continue.
Odd the Commander appear to listen and then writer
A-Id0nt reCOlIcCt 1t does that he did
Q-Dd the Commander address any Observable you2
after he had spoken to the others Mr. Perry and my
self both noted the time QDd you report the end of
the timer Al think did, but is impossible to note all
such trivial things as to recoec them now-such as
that Mr.. Spencer held his head ON his hand. Q-Dd
You regard it as trivial thing to note the minutes
No; my remark with respect to other things. O.
What was the Commander doing when you reported to
was writing and converting With Mr. spencer Qwhst
did he say to you? Did he say Mr. Spencer engaged
writing home to his friends or word. that eect, A
He SAID very good or something Of that Kind but do not
rscollect he said anything about Mr. Spencer then
On such matter cannot you be positive? Any i'm
continued Al cannot recolect my impression s not
long; don't rscollect il the Commander read what Mr.
tears that dsy-itso. whenf Al saw him sgated, but
can't say When Q-Did he not fall his knees7 Al
don't recoect that Spencer was out Of the
camp stool from the time the Csmmandar announced his
My impression is that he was not. o-What
passed between you and Mr.. Spencer Ale
shook by the hand, said he had no iii will towards me-
and to take warning by his fate He'll asked
mory. the look out for a vessel Q-Have you
a bad memory can't say that have good one.
Court Of enquiry say You aid not say that you did
not hear Mr. Spencer say thing from the time Of his
arrest up to his execution. H
WrrNrs -Yes Il is 90 there but do not knev whstAsr
that my an:vsr-ifi answered it So probably did not
understand the question to have reference to Mr.
expression take warning by my example important
thing remember AYes, and more 90 If the warning
SPENCE. Earning ~", sincere CHOW do YOU know L
sncere1 Al don't think in his circumstances
would make light Of such matter and his manner was
Court of Enquiry Any attention not drawn to it.
oIfthe conversation Of Mr. Spencer serious
did you neglect to send Mr. Rogers to him1 A-Because
he was forward, and was stationed aft which station
could not leave could have told one, hut clipped
not have left mine under any circumstances. Q-How
long time elapsed from the time the commander talked
can't tell should think ten or fifteen minutes II was
longer than that, sir; should suppose twenty mi.
sOses had you had recent quarrel . with Mr..
Did it result in 6ght7 A-Yes in scuiie-He struck
me and returned the blow and then threw him down.
The first Lieutenant then and ordered desist
II afterwards made up and friendly terms
QHow long was this before the arrest Alt was be.
fore we arrived on the Coast Of Africa QAt what
where the strung up at the yardarm About one
O'Clock Q-Did yom hear any thing said about the inter-
ment having bad effect the dsaected il made by can
die lght7 Al still thought there was chance Of their
raising Odd you see Mr. Spencer on his knees on the
| ledge.
Cross Examined by the Accused noticed Cromwers
manner to be very suspicious afternoon before the ar
rest while doing some duty When I'd done he appeared
relieved as If he had been afraid going to speak
about the mstiDy which that time knew nothing Of His
manner suspicious If he afraid of something
was about to reveal His manner disrespectfu but
not nsolent. He did not touch his hat recoect.
do not think the Somers could have been taken sny
pert II the execution had not taken place.
The Cross Examination here closed and the Court rose
and adjourned to Tuesday atl0 A. NJ
General Sessions.
Before Recorder Tallnadge Judge Lynch, and Alder
men Smith and 0edney.
| JANIS r.. WHIrIrs, Ess District Attorney.
| MorBAv, March 1S.-ADNrTTEp TO PRAcTIcE.-At the
opening OF the Court, motion Of SALEM butcher,
ESQ, ENocH Z. CAM was admitted to practice At.