The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-18
Trial OF Commander Mckenzie

Trial OF Commander Mckenzie
-VagsF1 FIvrEENrn DAv-Frs. IT,
The interest in the proceedings ofhe Court Martial ap
pears to have greatly increased considerable number
Of auditors present yesterday. The proceedng'
were will be seen, of very considerable interest
After Mr.. Perry's direct examination which elected
thing new terminated the following questions
| put by the Judge Advocate -
Did you receive orders to put Mr. Spencer death if he
attempted to escape and did you inform Mr. Spencer
Al received The order but did not tell Mr.. Spencer
Did you inspect Mr. Spencer irons the night Of the
| 26th and had you any conversation with him then
A-Iinspected his irons, but had no conversation with
| him.
Had you ever heard before the occurrence to the mast
| that it was thought weak
Did you ever hear Cromwell Small or Wilson asked
why they had gone alo the time of the occurrence
| the msst7
| Did you ever hear them charged with having gone
alof on the 9th to hold plotting conversation
Did you observe Cromwell, Small and Wilson on the
mantop, and il SO, what were they doing
A.-They were there at work.
Did you think at the time that the mast was carried
awsy by design
Were you on deck at that time
How soon after did you come on deck and now long did
Automatically, and remained half an hour then
went below for few moments.
| Al think for meal.
Did you not before the Court Of Enquiry that you
went below because you had nothing to do
Al may have done so-and of course swear to it
Capt mckenzie here asked ifhis question was regular
JUpG EApvocArE-Cerainly
Capt. McKENzIr-Well, it's Of no importance.
JUDGE ADvocArE-We may differ on that point, Capt.
Mckenzie.
If you thought the to the design.
ed to afford opportunity for outbreak would net
have been your duty to remain on deckf
II ain OInnxr tkaro In.
son
When you did 60 down. did you so the opinion that
there was no further danger OF outbreak rescue
Al did not think there any danger until dark.
When you went down did Mr. Gansevoort follow you,
ana wh ia was ms a conversation, any
told me to go deck station myself the starooard
gangway, as he was going to conane Cromwell.
Did you not arm yourself deck, had you arms
before that ersation with Mr.. Gansevoort
Al had 10 arms before that.
If you feared whilst first deck why did you
not arm yourself as there battleaxes the bull
warks.
Al did not think of that, sir at the time Ibid not
think OF rescue till got the deck, when the idea
struck me.
Did it occur to you to arm yourself whilst OF
deck
ANo, Sir; after had been on deck short time did
not think there would be rescue as the crew had gone
| was one reason I went below then.
Q1Dd you hear Anderson say why he came for the
| tail-block7
PRKslDENr-I do not think that question proper it has
| no reference to any thing said by the witness.
JTDs5 "A beg your pardon Sir am not
testified to by another witness. The question is quite
| pertinent.
The PRESIDENT persisted that it was wrong and the
Judge Advocate withdrew it, The Judge Advocate then
| put the following question -
QWould it be advantageous positionto effect it, for
men meaning rescue to 60 aloft
Mr.. DuER-That is an exceedingly improper question
JUDGE ADvocArE-Oh! no Sir-The witness has said
occurrence to the mast intended to afford
opportunity for rescue and the connection of the ques
ton put with that expression of opinion is very
| ly seen.
PREsIpENr-Mr. Perry, you will take time, and not an
| swer any question too hastily.
JUDGE ADvoCATE-Yes, wish you OF course to be as
| deliberate possible.
The question again put and the witness replied -
It would depend on circumstances
JUp0E ADvocArE-On what circumstances
A-Why they could create great confusion aloft; they
could cut away the gas and the steering sails and rig
ging out OF the tops and assist the greatly
| thirds Of the rescue might be done in that way
Qwas any thing Of that kind done or attempted to be
| done at the time in question
Q.-Did you hear the conversation between the Com
,nder and Cromwell when the latter was arrested
Q.-Did you hear MIR. Gansevoort call out that he
would shoot the first man that set his foot the quarter
deck
Al do not recollect, but saw him with pistol.
Odd you hear Mr.. Rogers call that he had called
the men forward7
| Ayes.
Odd Mr.. Gansevoor admit to you that he was under
an erroneous opinion as to the rushing aft and tina
he glad he did not fire them If so state his whole
| account of that occurrence on that EVENING"
| A.
heard him say that had not been for Mr. Rogers speak
ing, he would have shot the taest man. which Viii
Odd he express his qualification that he had moi
| fired on the menl
| Ayes, Sir.
Odd he not say he might have shot m innocent
| mani
| Ale might have said SO.
Q.-When did you first suppose the execution of MIR
| Spencer, Cromwell snl Small necessary?
The day before a the Council Of officers was held
| neCe OF he tiOnl
A-The day before the council was held he asked me
if thought it safe to confne any prisoners and
what to be done with the previous three replied
that did not think that could take charge of any
more prisoners with safety and that necessity required
more TO be TAKEN the three first ought to be disposed o. thai
| is, pmLo death.
Q-When was the council heidi
A.-On the both of November.
Q-Was not this conversation with Mr. Gensevoert the
day after Cromwelfs arrest
Al think it the day before the council of off.
GERS.
| JUDGE ADvocArE.-Please answer my question
Mr. DUsn-Qn an an angry tone)-He has answered it
JUDGE ADvocArE-Certainly, sir it may be put down,
but formidable tone will prevent me from repeating
question until obtain an explicit answer.
WITNEss-I do not know whether It after the day oil
CromwelPs arrest or not
Odd you not swear before the Court of Enquiry thai
Al may have sworn so-if 30 the answer was cor
Q.-Wss not Cromwell confined on the evening of tn.
Ayes sir, SO find it entered the log book.
JupoE ADvocArE-I do not wish to embarrass the wit
at ALL but desire explanation and for that purpose
| put the following question
Q-How was it that you stated before the Court of En-
qury that the with Mr.. tool
place the 2Sh of November, and you state that il
| was the day before the council Of officers 7
Al think that was the day before the council, but
| said was not positive.
Q.-Had you not the log book whilst testifyng be:or
| the Court Of Enquiry
| Al bad sir.
Q.-what time of the day did this conversation occu,
with Mr. Gansevoort7
AIN the afternoon.
| Q.-When was Wilson, McKinly and McKea arrested
| and for what
| A.-On the morning of the 3Oth, civil time after
O'clock suspicion of being concerned in the mutnous
attempt Of Mr.. Spencer.
Q-what time of the day on the Both did the ofic err
receive Commander McKenzie's letter, and how long d
they remain in session
Ain the forenoon, at what hour don't remember ant
| thew in session till about sun down.