New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-03-09
Naval Court Martial on board the q. g.
ship North Carolina.


been read Midshipnan TiIlorson was called for the
prosecution, and being sworn, tie Judge Advocate
said that he desired permission from The Court to
examine this witness in the shape Of a cross-ex-
animation.
Mr.. Sedgewick asked on what grounds
The Judge Advocate said he had hoped that
Counsel would not have objected to bis obtaining
the privilege he asked. He would, however, state
his reasons for asking it. The learned gentleman
then read the following:
The Judge Advocate proposes commence the replica
tory ,esmcay Of tue prosecution by calling some OF The
officers Soers who have not been by The ec
cu,ed, he OF the Court the liberty OF making
bef examination chief the nature OF cross-e1amsa
ton i settled principle OF Law thai where, from the
circuns,ances The transaction the relative position OF
the parties SIDE has 10 call witness biased against us
OF the case this privilege will be ALTO wed. Where
is adduced s father agent his
rpOyeT, among Inc illustrations oil the general prln
cjpies OF exception 10 the usual rule pu. Gows the
BOOKS The general language Starke, I62 IS " The
freqCe5y permits adverse witness 10 be
s,snjne y ne ray who calls him and By Phillips on
Evidence y 16a Co~ans Edn !, Is stated II witness
should appear be in The Interest OF tie opposite party
un=iing give evidence, the Court viii In its dcre.
lion allow the animation IN chief 10 assume something CT
The form OF cross-e1amInauonS In Roscoes Criminal
Evidence 17 decision ofC. j. Bes; OF England is given
tnat stands sitaetion which OF necessity
makes him adverse TO the party calling him The party may
as OF right examine him The learned la.
rifles especially OF New YORK. 10 tic same effect IN an able
note 10 citation from Phillips 10 be found IN Rote
SO 10 bis edition OF that authors treatise.
This furnishes every bcsent tousiity and enforce
the exception Some the witnesses the relations and
connections The accused. Bat absve all The attendant
circumstances oil The transaction hich The pass oil th
prosecution and The mutual position OF tue ofncers ever
its occurrence give pecuar claim orhe allowance
OF The privilege. With view 10 keep them Oh the spot
the GraIon OF this trial not being orcseen these 9th.
GERS remained aboard the Soes ever since, IN
slant each o;Eer, and exposed by the IN
recGitcoaS Commentaries and deductions as 10 facts and
i.ness-s as might we'll proven, the most minds
rom separating from opinion and belief, and from
avoiding the n.ensie adoption by each his own Of that
mr. .t,e ri mind which was originally individual
and peculiar few. II VIII naturally under such
circumstances occur that tie several minds not made
critically practice seinspection will so much be
,hs number Of mirrors rejecting transaction. The
n,up iCaticn OF The rejection In fact there Is
plan by which the Intercourse OF these Officers could or
| ought 10 have been prevented.
am compelled very reluctantly present the Court
two Incidents illustrate and enforce in manner the
Mid BAYS desired 10 iavor me with an oppoTtuGy,by
VISIT ascertain his information, with view 10 the pre-
pdra,ion and inception OF the case de waited on me and
manifested anlngehcous emUaErashleheo OF
dcai.ng se.e reluctance communicate what he knew
| After replying to few trivial qdestons be c2ntdiy
stated tbshe lid not think entitled, except on the
sand, hi, information His mistake was explained 10
him. and he tod that though the law did not compel
witness to answer out ef Court made
the ght ~ peecas if OF legal prescription. That other
wise could be prepared But ob.ervnS his unre-
moved GSincIinatloa 10 examination told
officer you'd be urgent With lin. felt assured
he would state inervw and observations TO his
sociaies and in good reflection would ohviae any
iulure OBI -ciion. Inferred that he acting
on some exchange OF Opinoa with his professional
IONS he had called after notice OF the object in
view from his visit
This incident never should have recalled but from
similar Cecnation yesterday from Midshlpnan Totsou.
Before the Court closed sent messenger for that officer,
and his arrival desired know whether he had OBJ
jec afford in private his knowledge OF the Incl
of the last cruise Of the Soners dc palely replied
he had Then found my anticpaIons frustrated any
change OF wha. supposed the view Of the Gticers in
spec to position and duties OF Judge Adyo-
and Witnesses FOR the prosecution All Tue otcers and
OF that brig we're furnished by the DEPARTMENT for
witnesses al my e!econ With neither have had any op
pcrtuaes OF conversation have never Sonht any with
My duties to the case compel me 10 CRer these
Acquaintance with facts excepta shown in the record of
lie Court o! Inquiry Under hese circumstances, is con-
ceyed the pr.eg asked is bS' END FeaS %%Rsrs
Judge Advocate.
Mr.. Sedgwick then rose and said he should
oppose the granting of the privilege asked for by
the Judge Advocate. Heargued that it could not
be granted until the witness had been examined in
the usual way and shown to be en- unwilling or hog
tile witness. He said also that he opposed this aP-
plicaton not so much on Commander Mackenzie s
account as on behalf OF the young officers to be ex
amined, as, if such course OF examination were
allowed, it would be on the presumption that they
were unuiLing 10 tell tie achole truth, which he
believed not TO be the If that were shown
TO be the case he would withdraw all objections to
the Judge Advocates pursuing the course he now
asks to be allowed to take
After much conversation the Court adjourned
ill this Thursday morning to allow MIR. sedg-
wick time to prepare his objections and submit
them for the action of the Coart in writing.
THE PLAsrTAR1UM-Rev. ROBERT BAIRD,
well known to eli our citizens for his noble, zeal
Gus and most efficient labors in Russia and in other
nations Of Europe, in the cause Of Temperance
and Religion is to speak this evening at hiblo
Garden before the American lnstitu,e-where the
Planetarium Of Mr. Russell is now exhibited. DR..
BAlpp has recently returned from abroad where
ne has made himself more thoroughly familiar with
every thing relating to the literary and moral con-
di,ion of those nations than any other American.
He speaks tonight of the /" Libraries Of Europe
and we are sure no one who can hear him will
willingly miss the opportunity.
STATE PR1sos SrATlsTlcs.--Deputy Sheriff
A. NJ. c. Smith, informs US, that during the pre-,
sent month IA con7ic!s were discharged IRON the
Sing Sing Prison by expiration OF sentence nat
on the 5,h inst. there remained in the Prison IA
males, and II females, total 35l, larger number
than has been in the Prison for long period OF
time.
G The Troy Wing says that while Mr. Col
Inns, clerk for j. Decker eweller in that city, was
making up his cash account on Saturday night,
three villains entered, and one of them struck him
severe blow upon the head with e leaden ball
Gonr Ihev nartia "