Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1843-02-09
Naval Court Martial.

II Inc naval COurt Martial established 10
the trial Of Commander Mackenzie aud oihe
officers OF The Sonerr, was ordered TO assem-
Bile on board the U. $. ship North Carolina
at New York, on "Wednesday Of last week
Eight OF the officers composing the Court
with The Judge Advocate appeared on tina
day, but the President, Captain Downs, ane
tour other members Of the Court being alb
sent, IN consequence Of the non. arrival o
the steamboat from the East, which was de.
tanned by the storm, the Court was not or.
ganized.
II On Thursday all the members Of the Cour,
were present, as follows :-Captain john
Downs, President; Captains George G. Read
WIN. Compton Bolton, Daniel Turner, John
ID. Sloar, Joseph Smith, Geo. w. S,orer
Isaac M'keever, Benz. Page, John Gwynn,
Thomas w. Wyman; Commanders Henry
w. Ogden, Irvine ShubricE; Judge Advo-
cate, William II. Morris, Of Baltimore.
/ The Judge Advocate read the letter of tho
Secretary TO the President Of the Court, en-.
closing The preccPt ordering tho Court to
convene. tie then read the preccp, detail
ing the Ciiiccrs 10 Compose the Court, aud
also letters excuslng three Of The officers first
detailed, and substituting others in their
stead
lie then asked Commander Mackenzie if
he was ready for trial, to wh,rh he replied in
The affirmative, aud in reply to the usual
question OF whether he had any objections to
any members Of the Court, lie replied, "None
whatever"
The members Of the Court and the Judge
Advocate then took the usual oath.
The charges were then read by The Judge
Advocate--lhry are five in number, IN sub.
stance as follows
ls,. Murder on board United States vos.
sci on the high seas.
To this there are three spec fcntions,
charging Commander Mackenzie with Law
lns, without .orm Of law, wilfuly, deliberate.
y. and with malice nforcIhought, hanged
Philip Spencer, Samuel Cromwell, aud Elisha
Small, on the first of December.
Charge I'd. Oppression.
The spcclfcutloHs TO this charge are the
same IA to the first, excepting that they
charge Commander Mackenzie with having.
without good and suf!ic lent cause, hnd with
out form Of law, oppressively killed, by hang
mg, &c.
Charge 3D. Illegal punishment.
These specifications charge hun with hnv-
ing exceeded the limits of his authority, by
hanging, NC
Charge 9TH. Oppression.
The specification alleges that Commander
Mackenzie did behave in an unofficerllke
nnd unlcclng manner, by addressing taunt-
ing and unrllicerlIke language to Philip
Spencer, nst previous to his execution
Charge 5h, Cruelty and Oppression.
The specification alleges that Commander
Mackenzie did oppressyely aud cruelty use
and mallreat the crew OF The Somcrs, and
lnlct upOp them cruel and unnecessary pun
lshmrnt during tho last cruise, between the
Both September and 9th December, 1912.
To these, Commsnder Mackenzie said that
he admitted the execution Of Spencer, Small
and Cromwell, but as it was justified and
rendered necessary by the circumstances al
tending it, he would plead not guilty to all
the charges. lie also respectfully asked
leave to be assisted by counsel, which was
granted, and John Duer aud George Grffen,
E-qrs. took their seats as counsel for him.
The Judge Advocate then stated to the
Court that III reference TO the fourth charge,
he begged TO state that he would prepare and
present 10 the Court TO morrow, paper show
ing why he should not take testimony on that
charge until he had procured tho opinion Of
the Attorney General.
He then read paper to the Court. stating
WIN, he conceived to be his duty as Judge
Advocate, md requiring from the opposing
counsel that they should state what course
they intended to pursue.
Mr.. Ducr then stated that counsel for the
defence conceived the duties of the Judge
Advocate 10 be more those of luGica
than prosecuting officer nnG that he was
not to be bound by the ordinary technical
ties by which prosecuting officer was.
Th" Jucge Advocate then stated that the
government considered this u case of great
I,npor,nnce, and wished To arrive at the truth;
and also that he expected to Is assisted by
other counsel, whose experience would quail
fly them better than hlnsclf, and SAID he
wished the Court to be cleared, AZ he did not
intend TO offer any evidence TO day.
The Court was then cleared, ard remained
IN secret session nearly an hour when it was
re-opencd. and The Judge Advocate. by the
request of the President rcad the letter "f
the Secretary, which appointed him to 9th
clotc as Judge Advocate to this Court.
We understand, says the N. Y. Tribune,
thot the evidence taken by the Court of IN
qulry in the cqse nf the Somers Muiiny is
by law valid testimony in the trial by Colrt
Martial, and it will undoubtedly constitute
the great mass Of the cvIdence that will be
takop by that Court.