The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-08

Trial of Com IN ander Mckenzie.

The Court was called TO order few minutes after
10 o'clock, and the journal read.
Mr.. WALES was called, and the following question
put TO him, in writing, by Commander Mckenzie.
Q.-Contnue your narrative OF what you know
Of the mutny, from the point of time where you lett
off Yesterday
Witness continued in detail the same particulars
as previously published
WITNESS asked If it proper for him to give
any remarks which Spencer had made In his hear
ing about the Commander, which was admitted by
the Court
The JUDGE ADVOCATE objected TO witness stating
what Cromwell had said relative 10 his being in
SLAYER.
Mr.. DUER sad let him go on, and we will bring it
out afterwards
The witness continued his narrative, and conclu-
ding, the
PRESIDENT asked if Captain Mckenzie had any
Q by MoKENzIE-Were any of the crew present
whea Spencer said he would like to throw Captain
Mckenzie overboardl
Yes, there were several; Cromwell, Small,
Wilson, Mckinley, Neville, and one or two Others.
Q-What effect had the remarks Of Mr.. Spencer,
when going ashore in the boat, at Messarado, upon
the crew.
Al could see a smile upon their faces.
Q-Do you know anything of The manner of Mr..
Spencer when he addressed Captain McKenze1
Ale was very obsequious and respectful He
USED TO say, when In the steerage. "Pl not say yes
or not say no, to him." His manner on deck was
very different 10 him.
@ Did or did not Mr.. Spencer pass large por-
tion OF his time with the crew, and was he, was
he not, unusually intimate with theml
Ayes; he spent large por ion of his time with
them, and Kept aloot from the officers
Odd or did you not observe which Of the crew
he was most Intimate with
A Cromwell, Small, Wilson, Mckinley, Me-
vile, Golderman, the cook Walkin, Sullivan He
was very intimate with the black cook. He wasal-
so intimate with the Maltese Gaa, and sometimes
lent him his pipe to smoke
Rv Trpr 4,
me any presents of money while on board. Small
was a shrewd man, and had been mate of a vessel
SmalPs manner and actions satisfied me that Spen-
Ger had preached the subject OF mutiny to him be-
lore he did to me. never INDUCED in any mutt
nous conversation with any one eiore the conversa
ton with Spencer.
The JUDGE ADVOCATE here put very long ques-
ton, which was objected to by the counsel OF accus-
ed, and The room cleared until the question
gued to the court.
On the opening of the doors, the JUDGE ADvo.
CATE stated that he had Withdrawn the previous
question, but would put the following as subs-
tute -
Q.-Assuming Spencer to have been in Jest, what
would have been your conduct had you been accus-
ed OF the mutiny before you had made report of it
to the captain!
Al don't know, sir
O.-You have spoken of a written scheme saw
It the one that was in Spencer's handkerchief?
Al did not see II that night, but seen it after
wards, when II was taken out OF his locker.
Q.-How do you know that the one taken out of
the locker was the one that was in the handker-
chief!
A.-To the best of my knowledge and belief it
was the same one.
Q-What are your reasons for 1t and beliefl
Al do not know.
Q.-What are your reasons {, r knowing that this
was the same paper, when you did not see it the
| night
A--Because Spencer told me he had one
| Did he tell you the one he could show you
was in his locker.
i A.-No sir.
|; Q.-Have you any other reas on for believing thai
the one IN the handkerchief the one taken from
1.-THE locker, except the fact that Spencer told you he
had one with the names of the men on it!
| A-No sir
| Off your name had been found on that plan,
how would you have accounted for il
A-Why, that 1t was put there without my
knowledge.
| @ Did he tell you your name was put down on
that plan.
| An. he did not.
Q.-You say that Mr.. Spencer told you that he
had plan and that some twenty were with him
| did you know this before that evening!
| NO, sir.
question was here proposed and the Court was
| again cleared On opening the doors the following
question was put by the Judge Advocate.
When Mr.. Spencer told you he intended TO make
scutfie some night when he had the mid watch run
with his associates TO the mainmast call Mr.. Ro-
gers and throw him overboard-dd you tell him
that It wonld be likely to arouse the and pre-.
'eh' SOlnS on Win pan. WHICH ne tOlu
you was to open the ann chest and distribute them
to The men, and TO station the men AT the matches
and proceed in person TO the cabin TO murder the
Commander and the officers in the ward room and
steerase and of Slowing the two after guns around
SO as to rake the deck, and call up the men to Sc
iect those to be thrown overheard, considering he
mad but twenty associates in crowd of one hun
dred and twenty men and boys!
The Counsel for accused objected to this question
and stated that he should offer protest if desired
by the Court He stated that the question CON
| rary to all precedent and rule and the objection
will be heard this morning at the opening of the
Court, at 10 o'clock.