The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-15
Court of Enquiry on board the North
Carolina

Il
bin this morning than on any day since the opening
| Of the Court.
After the Court had been called to order by the Presi
dent the cabin was directed to be cleared On read
mission,
The JuDer Advocate said that he had been requested
by Mr. Ed the acting master of the North Carolina to
pesenta statement to the Court reply to the assertion
of Capt. Mckenzie relative to making extracts from
the log book of the Somers Mr. Ed was entirely gno
| rant Of the transaction. IIF ID
Commodore s1EwARr-No charge has been preferred
against MIR. Ed by Capt. Mckenzie. II would be more
proper for Mr. Ed to direct his statement Captain Nc
Kenzie himself
JUDGE ApvocArE-The letter, in my opinion, is quite
satisfactory
1.-THE letter was then handed by the Judge Advocate to
Captain Mckenzie.
Mr.. ELp-Capain Mckenzie has said he would report
me to the Department wish TO SAY that do not fear
| any such threat.
Captain McKESzrE-If you direct this letter to me-
The JUDGE ADvocArEt then read the following decision
othe Court relative to the communication of Captain Nc
kenZle complaining Of the publication of extracts from
THE Court having read and deliberated the state
Se tS aa before them yesterday By Capt Mckenzie de-
conduct of any officer in furnishing any one extracts
from the log book of the somers yet under the precept
OIL their organization they have authority to institute
any enquiry to whether any offence has been commit
ted in this matter or as to who has been the offender The
Court must be confined TO those matters alone with which
they are specially charged The therefore
make any order on this subject"
The examination Of the remaining witnesses was then
proceeded with.
JOHN ENoLsH apprentice, heard Cromwell once in
private which overheard say to Spencer
this will make very fine practical vessel" Mr..
Spencer said, Eyes yes' Heard other conversations
Cromwell once threatened witness and said he would be
revenged of witness. Heard some Of the crew often say
when they got ORDERS "d--n it. there's no use in it,
About two days before Mr. Spencer arrested witness
saw mr.. spencer show Cromwell paper. Spencer had
pencil in his hand, as he was going to set down some
thing that Cromwell told him; boy named VIM. Ingalls,
then came up. and Spencer said, odd d-n you if you
don't go away will take you to the mast" Before
got Liberia, witness heard Cromwell saw "dn it, Pn
have the store-roo before long"
ACQUISITION was handed in by Capt. Mckenzie.
JUDGE ApvocArE-I wish, sir you would not make your
questions leading have altered this not to make
it leading.
Q-Did you ever hear Spencer talk unexpectedly of
Ayes; heard him say, !" D-n his old soul.
a. =. oy JUDGE ADvocATE-How did you know he meant
A-Why sir, thoughtso because he ,oas the only old
soul on board! (Laughter)
LEAspER Frame apprentice Nothing new elected
except that witness had once Spencer and Green in
private conversation
FREDERICK SNYDER, apprentice-Heard Mr. Spencer af
they lett Madeira. ask Cromwell what sort of pirate,
or SLAYER, the brig would make. Cromwell said very
good one II the trunk and booms cut away, and all
panked over and long toms put forwards heard Spen
Ger and Cromwell talk about smuggling powder Crom
Spencer said that when he would get home he would
throw up his appointment get vessel fhs and take
Cromwell with him as mate; once heard Mr. Spencer
that the ioremast would be carried away, they might
take him for foremost and Green for foreyard thinks
brig could been taken to ST. Thomas but not to
the United States, without The men being executed.
WILLIAM Fry, apprentice.-The night MIR Spencer
put in rons OF the said was for mutiny and
Small said he didn't believe any such thing.
Two or three other boys were sworn and examined
but nothing OF the least importance was ELECTED from
them.
WILLIAM INGALLS, testified that he saw Spencer and
Cromwell together that Spencer vas writing on piece
Of paper with pencil and showing il from time to time
Spencer as he passed. and Mr. Spencer cursed him. aud
threatened to lick him if he didn't 60 of that The
When Mr. Spencer was in irons witness him make
signs to Small who answered them Could tell what
Mr. Spencer was writings thinks was Names because
By CAPT McKENzIE-While Mr.. Spencer was writing
look round and then write down and show il to Crom
we'll
[Wemay mention here that the ages of all these boys
JOSEPH RopMAN, apprentise-Was captain of the hold
was one day rigging out the store found key of paint
which was very heavy; said it was almost as heavy
gold; Cromwell was by and said If gold he would
kill man for and think he had done him Justice.
saeent to tha comr a =. maze
said that would hold Mr.. Ed responsible to the Sc
cretary Of the Navy now wish to state that have
doubt Mr. Ed will be able to account satisfactorily and
favorably to himself for the which the log
was dealt with whilst in his hands,
medicine morning heard Spencer ask Cromwell how he
could disguise tbs brig SomersCrom we'll said he could
took about Week Seore &
rest Mr. Spencer gave witness tobacco and money for
taking care OF his hammock.
BY Captain McKENzIE-When he gave me the tobacco
said il was against the Commanders order. Mr.. Spencer
then said that if got hauled up for it he would stand be-
tween and the Commander. Mr. Spencer asked wit
ness what class boy he and when told he second
Glass; Mr.. Spencer said he would make witness seaman
when he anne to be commander Mr. Spencer asked
Cromwell il he could disguise the brig SO as he could
bring her into New York without being known.
By JUDGE ADvocATr-Dd he say into New York or off
A-lnto New York.
Rosr ELLisror, apprentice, aged IL.
Spencer say he would have vessel of his
Saw him talk in low tone to Cromwell and Small
Henry E. CoRrEY-Heard Spencer ask Small chow
would have to carry arms They then talked for some
time in a language which witness did not understand.
Witness was at the main.royalbrace when the maintop
gallant mast was carried away The order given by the
officer of the deck to give short pull and Delay but
Small who was there aso paid attention to the order
and hauled away with all his might-he hauled with
jerk. Did not hear him say any thing.
ALrRKD MAcEr-Knew nothing about the matter, and
The Court then adjourned till Monday.
[The following is the letter which Mr. Ed addressed to
the Court and which in justice to that gentleman we here
U.S.. SHIP NORTH CAROLINA.
Jan. Ia, l842.
my has been used before tins Honorable Court
connexion with certain extracts said to have been taken
for short time would respectfully wish certify, that
from the date volunteered to look for the Log Book
was on the day that he was before the Court OF
Enquiry now sitting long as was in my possession
OF or taken from any way manner or shapes
and moreover that il did not to my knowledge during
that time go out Of the private apartment of the Ward
Room Officers ofths ship On Sunday the sth of Janu.
ary Lieutenant Gray requested The above book for
few moments, and Immediately sent ii to him. Whilst
was in his possession Capt Gregory sent the orderly
the cabin door and took it from Mr. Gray from which time
did dot hear of the said ook until the evening of
the 18th, when Capt. Gregory told that Mr. Hoffman,
the Judge Advocate had requested him to take of it
On the evening of the i2h Capt. Gregory sent for
and desired me to examine that document before Acting
Master Perry and bear witness that had not been mutt
lated altered, and that leav remarks had
been extracted Having done this was returned to Mr.
Perry. would also remark, although perhaps not in
cumben on me, that do not know by what agency the
extracts of the Somer Log Book said to have appeared
in the public prints Of the 18th inst, obtained
published Respectfully
| HENRY ED, Jr.
Acting. Master u. S. Navy.
| GAME IN WALL STREEr.-For the last ten days,
three four graduates of the States Prison. dressed
as gentlemen, and sporting elegant cloaks, have