The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-23
Trial OF Commander Mckenzie.
NINETEENTH DAY-Feb. -.

Trial OF Commander Mckenzie.
NINETEENTH DAY-Feb. %
The Journal having been read wilism Nswall was re.
called, and cross.examined by the Judge Advocate.
Q.-B.foro Clark ran away, did you mention to Lieu
tenant Gansevoort that ysu had such with
him as you described yesterday
A-No, sir nor to any one else todd the Court of
Enquiry that the paper looked had been doubled
to book if it leaf torn out Of book said
it looked yellow than writing paper have heard
the boys on board the somers talk of the paper found in
Spencers locker but not Of the character of the paper
When Spencer spoke about "my sailing with him, no did
not speak buying vessel he said he should have
her.
BY Commander McKENzrE.-I have seen midshipmen
forward, but do not remember seeing of them in
conversation with the crew, except Mr.. Spencer.
BY JUDGE ApvocATE.-I first mentioned that Spencer
had asked me to sail with him after my arrival
EDWARD ENGLISH examined by Captain McKenzie--I
saw Mr. Spencer and Cromwell sitting together day
Spencer was writing something down. and in reply to
Cromwell he said yes-yes was an oldsh paper, and
kind ofyeow. should know the paper by the color.
Q.-Was it like either of the papers How shown you2
PREsDENr.-Look at them, and don't answer 80 care
lessly.
JUDGE ADvocArE.-well, put down his answer.
WITNEss-l think it was more of q yellow color;
could say certain think the papers shown the
Court of Enquiry were yelower than these.
Odd not the papers shown you before the Court of
Enquiry resemble those you saw Spencer and Cromwell
looking att
Aces, sir; they did.
Odd you ever hear Spencer say anything about
turning the somers into pirate Iso what did he say
Ale told Cromwell that this vessel-the Somers ("
would make fine piraca craft vessel. 1t short
time before evening quarters.
BY JupoE ApvocArE.-Did you not have those papers
before you at the Court OF Enquiry and did you not atten
lively examine them
Al don't know; some papers shown mebu did
not look much at them did look at of the papers
there Tor the purpose Of swearing to the
Spencer's hand say that the one before the Court
of Enquiry yellower than the shown me- al
though it may be the same.
(Which is the one most like the one you saw in
spencers hand. the one shown you, or the you
was shown by the Court of Enquiry
Al think the shown before the Court of Enquiry.
eli ysu were certain the one you now see, is not the
saw before the Court Of Enquiry would you not
think you did not take particular notice of the paper Mr.
Spencer had in his hand
Al did not take much notice. did not mstrust any
thing
Q-when did you first tell that you had seen Spencer
SO engaged with CROMWELL
A-To the Court of Enquiry; mentioned 1t also to
some OF the boys board the brig after arrival.
QWas there not much talk before your arrival about
the papers found in Spencer's locker'
Al heard some talk after the Sunday when the GEN.
mander talked to at muster lcant tell what Sunday it
was The papers then lay on the slide Oiths trunk and
tain. was about Is feet off the captain.
Odd you see any figures on the paper
Al don't remember
Odd you hear the Commander tell the crew that
the papers we're part Of the leaf OF book
A.-Not to my knowledge.
Here Commander Mckenzie told the Judge Advocate,
that the witness under mistake about the papers
Q-Was the Captain reading the paper and telling the
crew who Mr.. Spencers accomplices were 2
Q-Kave You not talked with the boys before your ar.
rival about the names on Mr. spencers list 2
A.-No not to my knowledge.
Odd you not hear before your arrival that the
OF Green, Mckee, and others, were down Mr..
A-well, can't say that. heard that they were i'm
pcated in the mutiny.
Q-was not common ship talk that those names were
on the list
Ayes. heard it pretty often.
JuDoE ADvocArE.-Ah we've got at It at last.
GLOW came youto mention this circumsa nce after
your arrival not having said any thing about it before
Al never said any thing about 1t until asked;
Mr. Gansevoor called me into the ward room and asked
Q-Can persons who sitting the fore scutte, be
readily or noticed by any of the crew going about
the forecastle.
A-Yes lido not know that they can be seen from the
quarter deck on account of the be ans.
JUDGE ADvoCArE-Why, Of course not.
Q-Have you not frequently seen young officers talk
ing to the old seamen
have seen. After dinner I've them but never
saw them talking much Mr. Spencer. 1t is unu.
sual for the officers to talk after dinner
Q-Do you know why you called into the ward
room and questioned by Mr. Gansevoort
A-No, do not.
Q-What did Mr.. Gansevoort say to you2
A-Why, he asked me if ever saw Mr.. Spencer in
much conversation with the crew and told him had
Q-Who was present
A-Thsre were several officers in the ward room.
gid he tell you would be good thing for you to
tel, N every td thing m you uh saw no ,r,uu,,
must tell every thing saw but tell tho truth He told
me SO when first came he said tell all you know il
By Cspt. PAor-The paper shown me at the Court of
Enquiry was not wafered as this is.
BY Capt. SHuBRIcK-Do you or do you not know that
is the paper shown you by the Court Of Enquiry and the
same you saw in the hands of Spencer
Alt resembles the paper saw in the hands of MIR.
Spencer
BY Capt. MoKEszr-I have hearl Cromwell say in re.
ply TO order, dn it, there's in doing it he
only wants to make more work for the crew."
EDWARD Fowler examined by Capt McKESzIE-I haze
seen Spencer and Cromwell in private conversation
board also, Cromwell and Small heard them talking
about tho Isle Of Pines.
By JupoE Apvoc ATE-ANer the arrest of Spencer
heard the Commander that it he intention Of the
mutineers to take the vessel to the Isle of Pines first
told OF this conversation at the Commodore's house.
Q-How did you come to be taken to the Commodore's
house,
Al was asked before went, sir.
Q-Who asked, when and where
AMr. Gansevoort, little while after we arrvedin
cannot tell how long.
Q-Where was il, and who was present.
Am the ward-room of the Somers; Mr.. Gansevoort
Mr. Wales, and other officers were present The Master
asked first knew any thing about the case
told him. yes, knew little something about it. Collins,
the boatswains by he said It would be good
thing for me to tell what knew.
Q-Who messed with you
A-Collnsi stewart, the Boatswsins mate and several
Odd you tell any person of this conversation be-
Cromw ell and Small before your arrival here
A-No, sir.
Q-was there not much talk on board the brig, about
Mr. spencsr's plan for piracy
Ayes there good deal Of talk.
Q-Nuch talk about this Isle OF Pines
A.-No, sir, not much about that.
Odd you know any thing about the Isle Of Pines, be-
fore the Commander spoke Of it
A-No Sir.
WM HErRY KINo examined by the Accused-At the
nrs part of the voyage Cromwell used the boys bad
ly alter he got intimate with Spencer he treated tn
better; he slso intimate with Gsney and Godfrey,
Van veser and others. have heard Mr. Spencer con-
versing often day and night the forecastle; heard
Cromwell say that he should like to have the of
vessel and cruise of the Isle of Pnes Spencer asked il
there plenty Of fruit there.
q. by Juper AovooATr-What sort Of fruit did Mr..
IL 4 ham nIa.1
Al don't know Sir, what sort Of fruit; first told Of
the to Hougland, few days after the execu
tom were talking about what they would have done
if they had taken the vessel told Of the M
at the Commodores house; did not tell the officers
board when they sent for to the ward ROOM heard
Cromwell in the gangway say he was innocent when
hnhu