The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-22
Trial OF Commander Mckenzie.

| Trial or Commander Mckenzie.
EloHrEENrH DAr-Feb 81.
| Mr.. Perry was recalled by Com. Mckenzie, and IN
answer to questions from him stated his opinion ths
after the arrest OF Mr.. Spencer his accompces became
more desperately his that those who had con-
versed with Spencer but not promised oin would think
that they would be discovered and thought guilty, and
were therefore, DESTROYS to rescue the prisoners; and
those who had really joined made desperate
from thinking they would be discovered by those in
| confinement.
By JuDor ApvooArE-were not Mckee and Mckinley
| punished after the arrest OF Spencer!
Capt McKnrxrx remarked that he himself under
the IMPRESSION that Mckee had been punished after the
| characterization twice punished after the ar
By Capt PACE Before the execution, and finding Nc
Kee and Wilson on that paper were you not as CERTAIN
| names in the list of certainl
Q-Beore the execution from these circumstances did
you not the opinion that list of certain was not
| iull and completel
o-Beiore the execution, judging of the conduct Of
Cromwell ami Small, and without regard to Mr. spencers
| paper, which ofthem did you think the worsti
A.-Crcmwell-int this way that thought him the ring
By JUDGE ADvocA1r.-on this cruise. before the
| A-McKee think not-McKinisy was and remem-
Der only for dsobeyng the Commanders orders on
| shore, and ovarstayin his liberty
Q-Gipe your for suspecting as of your own
knowledge and observations that CromosH as an accom-
Al sow that he had become absent not attentive
formerly has duty his disposition to rule his general man
o.HHave you not heard 1t. Gansevoort praise Crom-
well as an invaluable man. and that he would on his re-
turn endeavor to get him made boatawen ,,,. >,
the best of recollection did not hear him say he would
| get him made boaswan. f rs ,
QWas not the mast carried away on the 2'th, mmedi
| ately after putting on the sky sail .
Alt was fifteen minutes after the sky sail was set
HAD ~ fair uindQ md mt
the sail faster in your given course than you had
| steered for the nearest islands
By Com McKENzrE-sky.sails and royal atudding sails
| had been repeatedly carried on former occasions
COMMANDER MCKENZIE here presented tho following
MAY IT PLEASE THE CouRr-
Several Of the most important witnesses among the
apprentices Of the Somers having recently disappeared
mysteriousy, in manner to indicate malgn agency
to njure my cause before the court ana the ene 70
nish time for additional inroads on the number OF those
important witnesses propose with the permission Of
the officers in order to introduce testimony more directly
bearing the guilt Of Cromwell ere it is too late to
obtain 1t.
have the honor to be, very respectfully
,s;.nsn ArExR s ri TI. k' MCKENZIE.
| JUDGE ADvooATE-f that is meant as an intmation
that any friends of the referred to have been
tan think that some examination of the charge should
be made by the Court, before be placed on the record
| PREsIpENr-What has the Court to do with 1t = How
do you account for the escape OF the Witnessed
| jupoE ApvocArE-N is a mere matter of opinion. They
may been enabled TO escape by one side as well as
PRrsIDENr- quite proper that that 60 on the record
Mr.. Dyrn-some reasons seem certain y necessary in
explain the departure from the order OF examna
Juror ApvocArE-why, the character ofthe testimony
not depend the rank Of the witnesses, surely
regarded the evidence Of these boys as OF such i'm,
! porance and been in Captain McKenzes place. would
| have certainly called them before
Captain BOLTON suggested the erasure of the phrase
Captain TuRsEn-No Judge Advocate)-It does not
| apply to you.
to see the man that would such mputaton my
character Inever hoard before however that prose
bound to ask that an allegation, charging
the escape of witnesses to the side OF the prosecution
| should be founded on proof
| The paper was then ordered to 20 on the record.
William NEWELL, apprentice, was then called and
examined on the part Of the defence [Th the witness
paper with geometry figures on the back Of it," and
alphabetical characters on the other side which he says
evidence fully them and does not repetition here
1t will be recolected that Newell admitted that he had
been shown paper Commodore Pes house before his
examination which he the same az that
| by him in the hands Of Spencer.
q by Commander McKESzrE-Did the paper you then
saw resemble either of those shown you and IL SO,
| which of them 2 CThe papers found in MIR. Spencer's
locker were handed to witness
question: and suggested that should be put in the fol-
lowing shape Are either of the papers you now see.
| that by you in the hands Of Mr.. Spencer
Mr. DuER-Pardon mel can first ask whether there is
| any resemblance He may swear with greater less
certainty and the Court will judge Of the value Of his
JuaoE ApvocA1E-It is clearly leading queston--but
let 60. wish to avoid as much as possible all dis
| cussion.
The witness then testified that the paper he
sembled one of those now shown him.
| Cross-examlned by JUDGE ADVOCATE. When did you
first enter the service In June, ls4o What were you
board the somers Second captain OF the fore.top-
When were you placed board the Somers When
she prepared for her first cruise, in May 1912 Who
were your most intimate friends on board Twas init.
oxuixh o1up sail tho ola
hammocks to you Van veser. and part of the time
boy named Rice. Who were stationed with you at the
| gum Mallory, Bywater, Dowd Swift, Manning-thats
ali recollect What part Of the cruise did Rice sleep
the next hammock to you : Pm not certain What time
together with the paper don't recollect. How long
had they the paper out About two minutes What was
the store room On the berth.deck Did you notice any
body by at the time 2 No, How near were Cromwell
and Mr. Spencer to the forehatch They were almost
close by the scuttle Were Mr. Spencer and Cromwell
still talking when you last saw them at that time Yes,
two feet Of them as passed by was Cromwelp. face or
back to you when you saw them His back Was spen-
through the hatch Yes. When you last them, did
you still see the paper Yes Did you hear any OF the
Was Mr. spencer holding the paper Immediately in front
of Cromwe1 No Take that piece Of paper and shoo
Court how the parties were 'andins and hOw Mr. spsn
The witness leaned down the table side by side with
Captain owinp and holding the paper in one hand point
the way" he said Spencer Stood pointing to 1t with his
pencil
Q-wELL, THEN. HOW
PAPER7
A-oH ! sra, 1T WAS UP TINS WAY tand the
ness no,c doubled up the niece paper handsdh by the
Judge 8droca SO that about onehird ofs back surface
| visible to person standing behind him.
Q-Why the, did you not, phen replying to the former
| question, double up the paper in that way1
A-Because thought you asked me about the way
Spencer and Cromwell Stood and not the way he held the
paper.
@ Look at that paper, and say whsther, doubled up
Mr. Spenees hand describe the characters in Mr.
pencer oriting wouid hare been visible TO you mott