New-York daily tribune., 1843-03-10
rev.. Court Martial on bonrd inc @
ship North Carolina.

TIE Court met C. Usual, ana aite1 III" 49,
,,d been read. Commander Mackenzie was eeilea
-, by ,be President for his reply the Judge advo'
cate;s proposition of the previous daS
Al Ssdqwck then read tbs Following
st,s II pEe7,e tie Court ha,e ,rs-, IFS
~bc t5anse oT the defence IN 'hs case oo ~ the
been desiros .ond he copducted in The
Mai S rset manner and actuated by hese IonsGs
.:nS they have repeatedly i0roorhe 10 IaIae ~ ,h
= - ;he;- ,noreheusop were well WARRANTED " te
@ nsrnction and application Of the rGles oil evidence.
das S ,o,inu no. MADE BY the Judge Advocate is one
20 snS'Isy and 50 Injurious the npnsiions II
sy bether these impu.aons De deslgn.e OF mol. @
that we DO not feel ourselves at iloel's W .'e -
the mos. AZ this does from the oce whose
,,acsI duty ii IS to instruct this Court upon ,h
law and .rnding al the same iiie 70 beTe
a., So, lad priscpes OF thai law which he paceu uSe
10 expound, should, in eur judgement De r=ss'eo e. a.
@ Jrdps Advocate Proposes call some OF the ofcers
=. nc Z me t-to have not been sworn and 10 consue
tseir direct nation a, IL u were d - -, srtend
Wne,her the permission asked ior II granteu y 70 S
no lower than warrant oincers 10 erothce pey
or ~ be used hereafter precedent lor aShns S
;;or, in regard 10 those apprentices CHARGED as ttep
IN. mn,jn does not e present appear, but 10 any
extent and 10 ersry Ken. We conSoef uie - - 80
mble We shall at present assume Una! M hayn 5ay oned in
,hs nlo, They are VIGOROUSLY willing witnesses io tne
charges and TO give The copnsel lo e pn1 bo n
.,I cnss 10 give it ruhe7s ard appalling character
The rule Distinguishing sweet from cross et,I.n l
which rrchht counsel from putting to iee witness
III, ndinT one,;jons or questions tending TO contra
djc, his own statements and imPeach his veacy, Is eh
familiar 10 almost every mind, and upen he eoou seA
,yhirh certainty no, necessary here TO comment me
practical distinctions between direct ana cfT
are wei! stated by Mr. sarAie a. pags t2 b,s any other
d.ns,n1 nan 10 1--WE plain and succlnct declaration o.
tae irutb nor any wish IN The Advocate 10 conne f L
en, =, nression h his Iamnaucn Is merely o e
nnrDose CT explanation for asceralnns urthe dcC o
which he may De supposed to hare knoWicuse y nus
4 I,vo,pi OF
a"nsr character OF cross !auDacn cn attaches when
+ IS expected ttrl tie y7ncss is guilty OF perlury or a,
ses isbed a' 10 conyey that impression the Jury"
Such as have already stated The rule whlcn Per,
nrohbs the Advocate from cross examining 'he
witness called by himself which prohibits hlIR IN olne
words from ialpeaching the character OF tne "is uo
whom he himself relies. ,.. :; IN. o.a
and that crows ou oTexpeeECq Gased oh sooa sense
and comnetely Incorporated VIE lhe ia", VIZ @ va.
where -yitncs uFor the stand, after ms us
:baI By hi. answers bis demesnor, create
nuv susu,E that hs wall violate bis duty ana idsy .e
osh which he has aen he may, IN the dscreop o ene
Cnrra dscreon 10 be governed and controlled ny these
tTediec as an 1 ei", eI ui a u
ties; and as such be crosS.e1amned by the
go calt;ng him This is Il only exception having any
-orino ppon the matter before US be very au'otlLes
cited by the Judge Advocate, provee he ., u,'
nronns,ian although they cited by him IN Such man
ner ra, cey do not convey their entire force ana me
The whole OF the from starEle IS as io'o"s ne
no 70 OF eIa,r IS n c regulated ~ he ucfetiu
o. The Corr according the disposition and temper OF me
rtneas The Court frequently pera!'ls an adverse WI.
| le Gro
says an American authority, Greenleat on Ev. ioI; IN
some cases Eowevcr leading questions are permitted even
on direct examination; namely 1paere tai w'ne appe
10 be hosti!e TO party producing him. or N Tue interest," VI
be C,hr nary or unwilling give evidence or where an
omission in his testimony Is erienily cehseH y "ah' o'
! ecslIecliun, which Suggestion may ASST
| So rrajn i, Pasn vs. Ca1en, referred to in Roscoe's
Criminal Evidence and the sane page rom "nlc he
JnJ~c ADVOCATE has taken his citation II is decided thai
rhc1e wne, examined in chief by hiscondnct - ne 5or
shows himself decidedly ad"cr-c u t1e party cains BIN
it is in the d,.:ion ot the Judge TO allow MN 10 be cross
So ia Muruly's case c. and p 297 Coeriase, T. after
pro,racted examination OF the person on he sland say
snci ray that Mr. Thcsigcr entitled - crseHaAiine
| him. -, L. .a .h,,or
c. o, the trial the ritncsS sors any unfair biS ihe
counsel wuo calls BIN may cfo's-cXamne pm, pm, Advocate
The opinion of Best G. j. cited by the Judge anvocs;
was de rered in the Of Clark VS. Jahery iyan aDu
Mnov l25S ba was an issue sent from the Court e Chan
cery with directions that the Defendant stou
be e1unipeas witness. Il was in this case that bes u
sst P,,., N. ,eitpc.s.7 rreJaity adrerse he may
be cross eramned" twill not be pretended n1t oncers
The United States Government are necessarily eu'cSe
Ert mere saperero accumulate authorities
upon point in regard 70 whGn Hd ,nsrs S
The discretion the Court 10 govern the matter ana
that discretion 10 Ae regulated by the conduct et 'he WI"
ness ler his examination shall have commenced
Now what IS the case which the Judge Advocate pre-
He his intention to call eo one, out
class of witnesses and In regard e them n before sgic
inerroga;ory put he assumes that all these
whose character and whose commission equally ornu Tue
speak the TRUTH and who be placed py the CouT
wlioct the crdinar. pale OF evidence
Protesting as do against This in behalf OF the witnesses
themselves and account OF the precedent 50
in its coaseuu ences which threatens 10 establish we re-
mater hrsstrled hat the examination be
in the usual manner until II shall appear-uut tattc sn
be the least color Tor suspectng-that the witness
ing speak the truth pledging ourselves when mat lac!
estabished withdraw all opposition TO lns een re-
qtes We give better proof that our present npp
cation is dictated by captouS temper nor any oese Is
| avoid the searching scrutiny.
Ii is idle to speculate the Judge Advocate has done
upon the relative position OF these witnesses and the de-
lepdapt The true question il whether the witness mag
be biased, bu: whether he in fact bla-ed and ta can
only he es,ebshed by tn test CT excuination would
be ir tic last d2gce just 10 act upon contrary aSsrHp
tion involving does the violation of duty and the "io
The facts stated by the Judge Advocate in regard TO Mid
shipen lIays ami Totson totally irrelevant 10 the
matter before The Jud Advocate occupies the place
pro;ec the party trial. II Is, at the same ne, his duty
thoroughly 10 sit the evidence and these gentlemen may
we'll be paroned for entertaining the Impression that tne
proceeding on his part OF hostile Character and
or declining this gound TO confer with HIM on the SUB
apparently so superuous by le proraced and elaborate
investigation before the Court OF Inquiry One OF these
10 give his testimony the stand and both at is
disposition He has re right TO assume, nor should the
Cnnr assume that their e1amnat ION will not be- SO far as
fulness and fairness 20, every thing he could wish.
We earnestly and respectfully beg the Gccr 10 deny al
application Hhict tends tc oTertnrn an important aud
well settled rule OF evidence, TO establish precedent OF
very dangerous character and which carries with II mpu
,alions (rher intentional notl of very painful aud
| irritating nature. THEODORE SEDGWICk,
oil Counsel, &c
The Judge Advocate then wrote and read the
following replication to the above:
The brief reply of the Judge Advocate to the
paper OF the Counsel for the accused, is as follows:
The Counsel mistakes the object OF crosse1amination
when he says FOR the purpose OF impeachment OF
e.tipe hat witness wishes withhold This inerpre
atioi would make its exercise in every Insult
much 50 when witness called by the otEc. side by
your own. The object OF is 20 recognise the niu
ence OF laws and motives the most honest bosou
and to ei whose feelings naturally them
10 retain vivid recollection those circumstances that
will their views Of the 70 suffer- dror