New-York daily tribune., 1843-02-03
Naval Court Martial on board she n
ship Ncrsh Carolinn,

| Naval Cour, Martial on board she n
| ship North Carolina.
All the members being present, the Cours orr,
ized yesterday morning at half past IL o'clss
The usual formslities having been sose ,Sro,.s
and the members of the Court and Judge .ass
este sworn, Captain Mackenzie was asked wbs.s..
he had any objections to any OF The members
which he replied " None, whatever" Ravin, !.
Piled that he was ready for trial he was as,s,..s
on the following charges:
sEraKy os rHs Navy nfaiat. ALZxAsDes st,,,..
| MAcxgSzyr, a Commando in re Ua,.e3 Stu,., -
| to wit:
MURDER on soAap A UNITED STATES vkssrt. ox =.
HIGH SEAS.
Sp<eifosisa iss. Ia this that the said Ccrmsns.,
| .spEs SLIpsLL MACKENZIE, OF the Navy, oonmsos;,a
| II s brig Souess being the Higa Seas to va : -
! So ssn norh latitude and SO 81 49, locs,pae -
Greenwich or hereaoouts on the Is; day Of Deeesaer
o. Is,e did then and there .rtkout fors, Of aaa- ,s
deliberately and arith malice eferessaEA hang and -
70 be banged by the neck at the mnia yar OF the a,s
brig unt he was dead PHILIP SPENCER an acting rotss
man. then ia the service OF the United States aeres, ~
a.ing the slst article of the OF Congress- entd a.
Act for tie better governn-a OF the Navy OF Ire Urs
|
| States" approved April sd, 1900.
! Specification ID Exactly the as the rrev;oa, a.
substituting SAMUEL CROMWELL, RoaSwzins Ma.ess,,
in the service of The United States and borne 90 tie c
roll o; s,i brig for /" Philip Spencer, Acting Mdssicr,,
| then in the service OF The United States.r
| Specification Sd-The the d, substituting an,
sHA SMALL, seamen," for.sAauEL CROMWELL, bsasyta,
mate
oPPREssIoN.
Sp,ci6czston Iss-in this that The said ComnanIs, s,,
AMBER SLIpELL MACKENZIE, OF the Nary conmsndis,s,
o. s. Brig Somers beng the high to wit: ialfoa
ssa north lat and SO 81 81 west long. from 6reesu
bereaboa;s on the first day Of December, 1872 did ss
and there rtsoat good and eent cause and pisst tr
oc op2re,;;7ey kill By hanging and causing ,obe hsssd
ov the neck at the yard Of the Aforesaid BE-
| PHILIP SPENCER an acting M.dshipman hen in The ~.
vice OF the United States thereby violating the I ,rdd
of the Is, section othe ar ie of Congress-
for the better governm mt Of the Navy the United sa
| approved April 3, 1870.
Specifications 2dSane the above, with the SAME s,tr
atoms as in The 81 Specification Of The Isl Charge.
Specification 5d--Samc the 2d with the same a,s,
lion as in the Sd Specification OF the ist Charge.
| CHARGE III.
| ILLEGAL PuSIsHMrNT.
Specification st.-ln tss that the said Commander alx
| ANpsR SLipELL MACKENZIE. commanding the U. sss
Som.r, being the high seas, 10 wit IN t7o 81 s. Nah
lat and SO 81 45 West long. from Grtnrica he.ta
bouts on The lst day Of December, A. D. 1872 did thee ss
there crcsed tIe mi.I Of Air authority and violate the @
Article OF the Act OF Congress emitted" An act for M
ter government, othe Navy OF the United Stairs apanud
April 2S is00 by hanging and causing to be hanged yh.
neck to the NANNY OF the said brig until be w
fad PHILIP SPENCER, an acting Mishipman then in D.
| service OF The United States.
Specifications ID and Sd-Sanc as above with The elsfs
lions Ia the I'd and 81 Specifications Of the lst Cbass
/ CHARGE ".
CONDUCT uNBEcoMING AN OFFICER
Spscifoation-In this that the i'd Commander AtEIir
DER SLIpELL MACKENZIE, Comma nding the U s brig sa
ers whilst in lat ITO 81 %" North, ard long 80 SS
wes. frsm Grsenwiea or Whereabouts, did conrary1
provisions Of Article SD of the Act OF Congress eut&
An act the better government OF the Navy OF &e Cn
ted state' approved April g. 1900, the ls Of Dee
lai2, 6etar< un.eerkt and ateliag nsGassr BY s
dressing tannpg aad unodicerlike language TO fHl2
SPENCER, an acting Midshipman on board said brgak
service of rhe United States, the said Spencer then ed
there expecting the immediate executioa OF death rpah
| BY The orders cf said. Commander MACKENZIE.
| CHARGE
| CRUELTY AND OPPRESSION.
| Specifications In this that the said Commander ALL
SLrpELL MACKENZIE, of the Navy, commanding the Us
brig SoUers whilst her last cruise, TO wit hetrteaW
Soth day Of September, 1892 and the 2sh day Of Dac
ber of said year. did oppressuety and cruelty s's and @
he of said brig and ini;c upon them crel as
xnnecessay punihent In violation OF the Sd article cf
la section Of the Act OF Congress, entitled "AnAcktas
better government the Navy Of the Uaited saiss"
| Approved, April %, 1900.
tsjgued) AP UPsHUR,
Macy Department, Jan %, 1873. Secretary Of the Nau
| To these charges Commander Mackenzie read
the following plea:
i admit thai Acting Midshpman PHirIr srEscgR Bait
| swains Mate SAMUEL CROMWELL, and Seaman Eiia
SMALL were put TO death by my order, Comn,ahd e
the United states brig SoMERs, the Time and place me-
toned in the charges buI uader existing circumstance
this act demanded by duty and justified BY necessity
plead Nor GUILTY to ali the charges
ALEX. SLIDELL MACKENZIE,
Commander U.Sh
Commander Mackenzie then requested pernis
sion TO be allowed the assistance of Counsel, which
was granted, and John Dusr and George Gfissa,
Esqs. took their seats as bis Counsel, having been
engaged by him.
The Judge Advocate then read the falIowss
paper:
Asto fourth charge, the Judge Advocate said he Hr
submit paper 10 Tie Court tomorrow, giving hn fsaoai
S not proceeding 70 call witnesses that charge l
hS had received lne opinion OF the Attorney General
r. The Judge Advocate then read the following srl,
which he stated drawn up ith view Of aSoidnsos
ieeIons hereafter:
The Judge Advocate before the examination Of aslnNJ
begins desires 10 eaie 10 The Court, that he tossfs
himself as occupying The position ot prosecuting AT "
Ger IN the civil ulbanals. HIS duty he believes AKIN 70 s
which was devolyed the English Judges al ING uAs
when uasersers were pu. on Trial without tie pn1leses
counsel pros cGtiEg officer IN the American WEB
where the benefit OF asssancc Is always allowed ae -
iendaHt usually Contents himself with preseLtng pa1
facie case anc compelled 10 resort 10 Witnesses De.
TO have favorable feeling towards The defendant Esos~
iy uses TO Dose Than absolutely indispensable pet. ~
otherwise be would be preyeDed iron siinns Lta - -
Impeachment OF character, should they bear wnsss ~
trary 10 that he believes the Truth, the pfincps,
ing that no khsIl thus discred his ers WIZ.
Sut must not oe made 70 take position a a essoss
me troca extracting The truth OF The uansaciion ees.g
high witness prove the hanging CT MdsnipnEsn s1es
seamen Cromwell and Small by Abe ordrf oi Loa'nss a.
Mackenzie and close tie the iU!c o! law Delpt ~
alter the death Is shown 10 have occur sd, scsraly %
stEuctyey by The DEFENDANT it's presumed 10 nc l.
IL mi