New-York daily tribune., 1843-03-06
Saysl Court Martial Ga bonrd the u %
ship North Carolina.


record had been read, Henry King, gunner,s mate
and William Collins, boa;swains mate "e's eN
sm;,ed bu, their testimony did not wary from Iha'
tbev gave before the Court OF inquiry.
NJ s.a,xi.k tb.n renewed his offer to intro
duce the testimony of William Clark VINO na', &c.
serted and read the following as the s'eu4''' 90
which he sought its admission:
Nav i, please the Court: The Counse! tor 'fe De''"
now one. ,he Il i was ahea before The Court OF
roopiTy. he havng deserted os, te son.er aTu 3eiDs
e;-e Insskli: 10 acerain where he Is TO DC ou1: -,
~ :nlc fGorc- 10 which The attention OF ihe IoSiI
- = r;,. he dawn tha! Clark and insf iwo OF 'ns
boys WHO perhaps most clearly prove ns daTn the
vi vi @ teeSino fngis was fortunately arrested ID
Pbaaclphis which uo bis hoEe, MS P'ieit
- -, c;,, Nev.york brought back, aad Eas pctn 'A
ia ne eitl ~ ~ Clark has succeeded in escaping
altogether Both ihr:r boys proved psi go, h,are
-, -, ;nr, Er-ii> and Newell, have ocpts oeioie
quH 80; -, INV saw SpeTcer and Cromwell IN con
s,aoa ever paper with penci nisrks upon H. sna oml
id.,fiied the ~ per o those foun, N '. - .
locker ard which perfect Tecciu OF uie Po .;,cr
Ctars .sl a.louc cher Ihass, " In TIC mes AZ @ u. ~
time Mr. Spencer show CIoi"s,i ~, ppr hrongh,
The ,arbosrtt sit+ o the (oTecase mr. SPtp. At
.u @ 80 Aim IN his hant. and showed i r biTD ana ssh'
I'd hiel il wcald d. Cromwell sSld SoIa ,r de and
eli They then leit ard went to me 'dcoo i ,rii
w al ,hs,c saw The paper il Written Win pencil
can read and wrr; could not Eehd ',inba
\, od ta,hloned sIph,u,, the old rnsusn a,p p,
a.. "nniG rot make Oh, the words i. was onc.onru
s , NJ sbcs of parer could only scs one sue
sdw Mr. 5psnecr shos 'he pafe5 aIs.. 81, ~ pr ,r saw
supucr time in he place; dd noi "ea ~ . ~ ~"
nt ,hnef t1er he lned With his hnGeFs on ms re-
s.au,inat.on, he Identified the paper iouho III 'P>
ro nov Il, corrobo-ale The testimony OF lnsis
Enclish and Newell. by that OF Clark ,x-,,,.,, of
The act entitled Z" an act tor ;. @ oe'is1 t s. .r,
tie NAVY OF the t. S. passed AP - lSo pfov'oes' A''
a AF ,at NJ cos of Inquiry shall in all cases
~. c,n nj or cx.ei r the discussion OF coa'siousu
or oHcer b evidence before Court aru'' e'o
vtisd oral testimony Cannot be oeaihec ;,,1 .,sss
II yer. clear that this provision excepting :,
and ihoge extending TO disisson, !ssr:eu 10! e ~ ~
and protection of tie accused, ana 'ha '. i w. m
exclude evidence which may be n'por'hn 10 sne POI ,b
,r,i Tbe meaning of The that is RECORD e 'ps
Cau:t OF lnqnr. shall a!;poys be e'aehee IN @ Li,
-. nv ror,rsop s In danger s,al avail hInse o Dt cA
crn,ou In ,!is act IT never Intended nor npuu m
used, FOR the purpose OF eiciuui's te,""''"'
hui, again the charges IN this case are Oh feIz ~.
n;rs n lie five bu; one icr capita! oHence-tse
er. ars Tor uusonneut, Illegal punishment ana cohoac'
uRbecon,iDg an ohctr. -, !, - -, !. ,re for urb,.
Ia regard and 5h charges wnoa are ,os rha
com.g conduct; cruelty and oppression no evidence M M
evs- has been ddu:ea. They cannot consequently ~ ,y
nnsshilv involve the loss vi csm'Ssion--toI are my
capital and uder these charges bar We ae
The shall I've OF opinion ,hst cur @ cons. adj
,ba ,,e contend that ihts evidence ~ a
mi on The genera principles which covers n's ofaS"
OF the Common Law -, -ocsn, and
valuab,, writers on this subject, Gfeeneai on E'uenIs,
nare Ia3ior the exclusion oi heaIsay e'uehSc d,. '
rf he
s " ~ amine The yiIr4s, But where lhe testimony was
given under cath Judicial p:ose III vcn .e M W
lgaa was party ans wsm .d I nor no 10 10 do tho
yreat and ordinary OF truth being no onses M &
the testimony gwen admitted ai.er M e @ rios Vi
Il E also received If ,e witness hough NOT Dead Is oul oi
The arstcou cannot be iouna alter dinsele = W
is insane or sck unabe TO testify, or mas oetn suu1o
ed but appears TO have Deen heP' ""aS W ~
party" -: i,.,n,.,r,rcc ;s
bv "a ri
gent search he no, found and on that ground Ms
testimony sieuc be received.
cases on this point of the States death being he
only reason sufficient 10 excuse the nonprodncuon OF .d
witness nilnef and in others, absence merely pe!ns he'o
to suffice. .,:.,.o
ih discrepancy SAYS I the witness gone Doue Knows
whittier aud his place OF abode Cannot be ascertanen oy
diI.pnl enquiry, the case hardly be distinguished ID
orincipe frcni that of bis dea!i and 1t would seem ual
Ills former testimony ought admitted. II he is merely
ont of the usd bni the place Is known ana his es
for The Judge 10 decide in discretion and upon all the
whether the purposes OF justice wl be best
we'd by issuing such commission or oy admitting TIE
proof CT what he formerly testified"
And this opinion is fortified by the nature OF he eFSun
biecied TO e,ossc1snnation The witness has been full
y examined aRd cross examined and In way that ADMITS
possibility OF error he has @ iroosse
not merely recall him but even TO ascertain us "nee
aoouls On what good grounds should The party on 'al
tor his life be deprived OF such testimony
Bn, if the Court is against This point there
are sill abundaa fox the admission OF the e'i
We then offer to prove that inducements have beenheid
on; 10 tie witness. Clark 10 absent himself
he Common Law Rule is that The testimony OF 'ne II.
ne s. examined on previous trial evidence on second
trial proy!-d in tie language OF the cases ne has peen
spirited away" and Of tns sEla evidence necessary
Ne can show in regard &c Clark that when al ihe Ma.
val Hospital shortly after his dence had been given e-
fore the Court of qrry hereceIred ;slter necllhg
him apply at house IN te ey Oh ne" as.h
his country Since then nothing has been heara oil
him ~, ,s,,,o.-,,.o or I,o,x
are supposed abundany sufficient to satisfy the discretion
of the Cou improper have been used to secure
the absence OF this witness and on that gcuHd 10 authorize
the admission OF this testimony.
We them very respectfully offer the testimony OF Clarh
First II is expressly authorized by the statute.
Second He Is wiidess beyond ihc jurisdiction, ana
whose testimony can Ia no other way be oo,ained
Third Improper have been used TO secure his alb
And on these poinls submit the the Court
THEODORE SEDGWICK, OF Counsel, &c
The Cour, having been cleared and reOpencd
the Judge Advocate announced that the Court had
decided that III, paper be placed on the record
with the testimonial part (to which the Judge Ad.
vocate had objecicd) struck out, and farther, that
the testimony Of Clark be not received.
The Court then adjourned to l0a o'clock this
(Nleuday) morning.
PROFESSOR GREENBASK's LEcruRg.-Ws see
with pleasure that Professor Gfecabask has an
nounced anothsr Course Of Lectures-lhe first tc
be delivered this evening. Talent of high orde,
in elocuton is so rare that cannot but advise al
who are DESTROYS of enjoying an intellectual graft
6cati.n to seize the opportunity now offered o
listening to one OF the most accomplished profes
sors of this charming art who has ever visited u,
Who ;ha, was at tie Society Library last Frids.
evening can, willingly, be absent tonight! Whc
| thai tnea listened 10 MacbeIh,s nadre.s IN thf