The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-11

Trial Of Com mander Mckenzie.
NINTH DAY-FEB. 10.

DUER as counsel tor the accused, stated that he had
a communication to present from the accused which
il was desirable should be decided on, az early as
possible, as II the request granted, it would be
necessary to send to Norfolk for the witnesses.
MAY THE CoURT-
am prepared to prove that in the ship in which Mr..
Spencer sailed previous to his joining the Somers he had
project to capture that ship, and to convert her into
pirate and that he communicated such project to several
Of her forward officers and in the presence OF various of
her respectfully desire to know whether such
testimony will be received by the Court in order that the
necessary witnesses prove may be summoned from
ALEX. sLIDELL MCKENZIE,
Commander u. s. N.
testimony, and said it their right to adduce it on
the part of the accused at any time during their de-
fence it would go far to prove the guilt of Spen-
Ger.
sion we were informed that the testimony desired
by the accused could not be received in evidence.
Atthe request o. the accused, Wales was recalled
to say if he understood from Spencer who was to
have the posts of first and second officers board
Of the Somers after her capture. To this Wales re-
piled that Spencer did not tell him, but he presumed
Cromwell was to be The first officer and Small the
second officer, witness being the third.
BY the JUDGE Acknowledgment did not tell
me who were to have the posts of first and sec ond
officers He did not mention Cromwell's name nor
any name to me. He, Cromwell was about 30 years
old, of an athletic make Small was abont 80 of
would wish to correct some portion of his estimo-
ny; he did not mean to say that all the petty officers
were armed at the council OF officers, for only -
were armed at that time. The others were armed
on the day OF execution.
Q-By the CouRr-Do you understand naviga-
ton!
Q.-Then how do you know that Cromwell I'M
derstood it
A-Because Pve seen him working out days
work, I've seen him with Mr. Spencer and he
would tell Mr. Spencer where he was wrong,
Q-Do you know that Small was mate of a YES
sci except from his own assertion?
A.-No; he told me so.
H. M. HEIsKELL, swom-l was the purser of the
Somers during her last cruize; first heard of the
mutity from Mr.. Wales on the morning of the 10th
Nov.
There the witness went into all the details of his
conversation with Wales, which has been so often
reported
Mr.. Duer stated after that part of the detail had
been given by the Witness that it was not their in
tention to examine him now, on any other point of
the case, except In support OF Mr. Wales. 1t was
their intention to pursue the same course with Lieu
tenant Gansevoort, and having got that part OF the
case fully proven, then 60 to the other points on
which the defence rested.
The JUDGE ADVOCATE said in that case he should
not ask him any questions now.
Lieut.. GANsEvooRT examlned-l was on board OF
the Somersas first Lieutenant; heard OF the intend
ed mutiny from Mr.: Heskell, the purser, on the
10th Nov, about 10 O'Clock in the morning Wales
met me by the fore hatch, and told me the purser
wanted to see me-
THE witness then went on and related his con-
versaton with the purser, that officer had heard
| from Wales of Spencers plan, to capture the So
mers by making row in the mid watch, and throw
ing the officer of the deck overheard. The witness
went on TO state what measures he took to watch
Spencer and to satisfy himself of his guilt previous
to the arrest, and of his recommendations that
something should be done to secure Spencer He
also testified to the facts which occurred at the ar
rest OF Spencer precisely the same language as be-
fore the Court of Enquiry
la answer to the second question on the part of
the accused the witness proceeded to give The par
tlcuars OF the carrying away OF the topgallant
and the arrest of Cromwell and Small He also sta.
ted that the evening after this second arrest,
Spencer ash ed him if Cromwell was confined for
any thing in which he, Spencer, was concerned
Witness replied yes, on which Spencer said Crom-
well was innocent, as he, Spencer, did not think
Cromwell would join unless there was money on
board On subsequent occasion Spencer said
Cromwell was innocent.
The witness was about to detail some converse
ton between himself and Small, which the Judge
Advocate supposed was intended as proof of Crom-
wells participation In the mutny, and he stopped
the witness. discussion then ensued between
himself and Mr.. Duer, as TO the right 10 give such
testimony. At last it was admitted by way of repe-
ling the lmputation of having hung Cromwell from
malice prepense
After this testimony was given, question arose
as to the testimony taken before the council Off
GERS, which document was not in court Ii was
finally decided that II was necessary that the testi
mony before that council must go on the record and
in order TO allow time for the copying of it, the court
adjourned till this day at the usual hour
The Csurt will hereafter sit in the chapel in the
NAVY Yard.