New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-01-12


January II, l84s.
SAMUEL r. Belts, District Judge.
Two affiday presented me yesterday, aud an ap-
pca,ion ded them made by COUNSEL for war
rant to arrest Alexander Sdel Mackenzie and Guert
Ganscvoort, for murder committed on the high seas
The affidavit of Margaret f. Cromwell states that she is
The widow OF Samuel we'll, and charges that she Is
inormed and believes her husband was put 10 death
the first day OF December last board the United
States big SomeIs by order OF Mackenzie and that Gane-
aided abelted assisted in the said dillingham; he
put death without the form or seuibance OF trial,
and wilhou, the least legal evidence OF the guilt or mis-
conduct ofhG said Cromwell.
She further states that she is Informed and believes that
,ad Cromw ell put ia irons board the same rig the
9th day of November, and remained thus confined until
the first day OF December when, within Two or three days
sail Of the Island Thomas he by order OF the ac
crsed deliberately put death by hanging at The yardarm
oil said Brig.
The other deposition made by Charles Cleveland, al
leds that he was present board the u s. Ship North
Carolina and about the 9h day OF December last
heard Report written statement read, and also beard
Mackenzie the accused admit was made by him. ana IN
that statement Mackenzie admitted he did deliberately put
to death Samuel Cromwell by hanging him al the yard
arm board the United States Brig Soners, the hsh
seas the first day of December last and also that the
depouent heard Ganseyoort the other party accused
knowledge that he aided and abeed Mackenzie in The
said
The Counsel also submitted published report OF the
statement of Mackenzie and the proceedings lereupon re-
crred that evidence OF his admission and the manner
in which il made.
It's first TO be remarked in respect the proceeding
that is conducted in the method usually employed III
criminal accusations IN this District
The District Attorney is the otca! representative oi inc
Government in siinal prosecutions Is Peters X SD ana
il rarely happen that Magistrate WI feel ooupa 10 IN
vestSate charges which have been MADE known 10 ,oe us
rc Attorney and which he then declines to prosecute OF
ceuntenance.
that officer institute criminal prosecutor VIII debar
Judge Magistrate investigating charges which come be-
fore him properly authenticated, will contro! him IN
the exercise OF u discteloa IN the matter out touna
conducive the Ordey administration oil justice 10
the protection of the citizen and The vndcaon OF the laws
10 discovering and Furnishing public offences 10 ieayT 70
The officer OF the law charged wiki this duty, 10 collect
proofs inquire whether there is probable case OF any OF
against hc laws and prepare the charges 10 be pre-
seuled before the examining magistrate.
II not concealed that IN this case The District hor-
Dey the gentleman conducting the business OF his office
in his Absence other official duties both declined 10 act
IN this accusation and rs prosecution at 'ne
present time and 10 this form.
We then brough; consider tie as now ands
and decide whether the fecS stated OF nature 10 ce
mand the arrest of those parties capital charge.
ii is 20 be presumed that it is the suty OF Mays
upon The mere assertion oath that crime pas
been committed TO issue warrant or take cognzahee OF
There mus, be FRS, laid before bin statement of facts
verified by OATH which true either prove shat of
fence has been committee, raise s;rcng presumption
tha, il i. {! Chilly C. L. IL; Hale 500 h. TO- llol
II he may he protected in acting weounded sus
pcol II Is Clear upon tne pEcpe OF Inc autHoflues o
he is not bound 10 proceed such evidence al Common
Law unless perhaps the OF suspicion founded on
his personal knowledge of facts Il CRnty TO- III AND
under the 9th Amendment OF the o. s. Constitution IS AZ
ea, doubtful whether he until probable c,use
first established 10 bis satisfaction by OATH.
The witnesses who have given their deposition' IN th
case know circumstance duplicating these par
ties and claim oppot The proceedings asked for upon
tie open declarations and avernen OF inc
accused.
am accordingly bound regard these declaration, ssa
the the sole evidence csred
to the accusation and justify the award OF warrant
OF arrest.
appears that the accused being oiccfs
In command OF U. brig Soncrs, arrested Crouwe
on charge of nuiin0CS conspiracy, with others OF Tue
crew 10 murder the officers and puacally possess them
selves OF he vessel and her armament and sores tina! ale
DEFINING in confinement froca the 9Th Of No'etoe 70
The III OF Dece.ber they ocdersd him put 10 deain from
an apprehension OF his by bis ana ~
belief that there Dher rsea rs OF saving tae
and the lives Of tee officers.
To setting up an accusation OF this haacsr against he
deceased, under whatever statements incarceration most
certainly OF be received Justification tor enpfeyn
the last extreme OF power by the accnsec Inc Wahiei
olcitudeo of The law life aud personal security eanno
be queted satisfied The necessity OF The case ftst
be apparent beyond fair ground 20 cous before
any fnctorary under whatever P!eutisudc OF power ca
on his aisndaie take The life OF citizen Pno sens
bility IS respect advance OF the authority ano s
of inc Ia in vndcans protecting e and peTssnal
,be exigencies under which they were inflicted
lan-a hal