Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-01-25

Court Of Inqu;ry-lsh day, January IL.
Com. Mackenzie offered long written of
tens which he said he prepared prove and for prov
ing which the witnesses were in attendance.
The Judge advocate took the paper and after gancing
through, he said that there things contained
which already evidence. There other matters
/ against which he object.
He then read paris of It which he considered Obectona-
bic. The inst relative Spences conduct Geneva
College, and his assertion, when leaving that place in stage
coach, that he would day be pirate This he said,
was clearly Objectionable lie then read the remainder
I the communication
ofitsef, the statement is important, document Com.
Mackenzie offered TO PROVE in substlnce)-
Ihst while in Geneva College, Spcncors were TO.
ward piratica life;
That he said he wished TO live few year. Of merry life;
as for future stale-ewards and puni=hmens-he beev-
ed nothing IN thsm he would merry years and
that would be the end OF II;
That when Mr. Spencer board the Potomac during
her voyage from Boston 10 Rio, he concocied plan for
taking possession OF that ship numbering the officers and
making pirate Of her;
ThaIhe had his plans all made future
where he would cruise how he would manage TO Law in
provisions from time TO time, and take in wafer
That TO three OF the forward officers ofhe Poto
mac he had impaired his projects and that they often
discussed among those Of the forward officers who
his confidence;
That his plans then embraced the capture Of India mer
chantmen the ~ packets, the females who might
he takon and vino were IN general be kept than
/ week;
That Cromwell had been mutnous and rebelious when
in the Florida servcc-showiug murderous and piracal
disposition;
That several occasions Just before the Somers sailed
from y. Y, Spencer, Cromwell MKiney had given out
predictions that there would be nutiny board the So
mer Cromwell, especially, had made the declaration al
some place in the Bowery-Ni'ki nley being present
We give he points only, and those from memory-not
pretending give detail either the facts pariicuar-
expecting TO have had the document itself to-
day..
The Judge advocate then said that all which reated TO the
conduct Of NJ Spencer previous his being board
Somers was clearly beyond the precept.
lie ,,h 81 Ia. Dg,.. 4 a..
the Court could not inquire into. Yethe had doubt
about rejecting at portion which relates TO the decara
tons OF Spencer and Cromwell few days before sailing
mat lie thought might be admitted TO show the quo ami
mo with which they entered on board the Somers.
In case of burglary, previous act, declaration Of an
intention to commit burglary, be brought evil
dence against the prisoner.
Commodore Stewart said lac thought evidence nigh, be
admitted to show continuity Of intention, and general
reckessness of character the part Of Mr.. Spencer
The Judge advocate said he strongly object Z, evil
dence Of any previous conduct except as 10 declarations Of
intention commit mutiny, made shortly before going on
board the Somers. Sill he subject the decision Of
the Court.
Commander Mackenzie said he should BE- satisfied if his
communication allowed be entered on the records
q" the Court without calling any witnesses
he Judge advocate said could be entered on the re-
cord subject 10 the objections Of the judge advocate and
the decision Of the Court
The Court then Cleared for farther deiberation.
On the reOpenng Of the Court the Judge advocate sd
dressed Commander Mackenzie, and said the Court had
decided that declarations of Spencer board the Pc
i1nac aud the John Adams. and Of Cromwell in the Flo
da expedition, inadmssihe evidence but that av
"ecanuons Of these pcraon- Of Mckinley, just previous
70 sailing that mutny would probably break out on board
the Somers, admissible.
Acting Master Perry recalled and examined relative
p that porono Warmers testimony before the council Of
officers IN which Warner had stated that the prisoners ought
10 he hung When Warner testified before the court lac
said that when examined before the council of officers ON
board toe Somc he had said That they ought be hung If
they guilty.
Mr. Perry called upon this point A, the request Of
the Judge Advocate hc produced the original notes Of the
testimony taken on board the Soners. That testimony
was taken down with great care, and aferward COMPARED
with the notes taken by Mr. Hciskcn Warner did NOT
'n give contingent opinion that they ought hanged
gully But his declaration that the ought 10 be hang
Judge Advocate There j. an entry in the lopbook Of
-A I,pon'd "l ue 2-th Of November II that the only
ton WI"
A,s:-ltis ltwas reported from the mast head.
l'oinhanoef Mackenzie submitted the Court the
cOutDook and nFhbook, containing the orders for what
should be done anln fell overheard which witness indian
uhed as those kept on board the SDncrsI
- what would have been the consequence OF the exc
the 9th
n II would have created great confusion Those near
2 wy. Doa' Woua Ue most ikey 10 go into They would
not have waited for the regular course OF duty
witness corrected one part Of h. io,umJny he said
aI'si thinking more Of H. the commander was on deck ~
guy % lhe - hours during the interval between the arrest
ana the execution.
Pw',r IT. w. H,isk,R wa, recalled. Warner stated
Is examination before CD, officers that Cromwell ought
hung guilty. ' s"' " W.
COLI a'",' y '7inn9fy was read 10 him twice.
~ n' men signed d. u any correction had been suggest
20, y " afne' u would have been mode They were all
tered ''''N W u 'n''l" DC az
twas my aim 70 take down the testimony in ,,, o,.D
IHrRsosg, Jan. I9-L,sr Day.
On 'le opening oi the Court t,e records Of yc.,.5,,
P9ce'dings were resd and approved
ihe communication Of Commando N,cL.,.,,. .s,...
s statement Of what be- wished TO prove relative 10 tbs
PREVIOUS declarations Of Spencer, Cromwell and McKiney
o. 'ny opening Of the Court submitted by the Judge ad
ty' VINO sad That some alterations had been made in
~, pgIh9m Of urcauye evidence which the Court had
decided ITO be inadmi.sabe '
nc following b. The communication
NOR, h. 49,. ,he Court avn prepared prove that