The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-10
NEW YORK. FRIDAY MORNING, MARCH TO- IS43


position
Al do not recollect that any such questions were
| asked.
BY the AccusED'-On the night of the execution the
oncers oil the brig were IN state of exhaustion; and
state for my sell that could little than stand
JOHN TILLorsos called by the prosecution and in
reply to nun Der questions the stated
the evening of the 2bh of November he in the
age with Spencer, and saw the latter writing paper
which he told the witness he would not let any
any account" After this of the stewards brought
locker, but afterwards gave Small who either
for by Mr. Spencer called by him into the seerage
where Small drank the liquor.
Had heard Spencer say he intended to leave the Navy
when he got home; but did hear him say he intended
to 60 in the merchant SERVICE what he intended
do This the latter part OF the cruze Heard him
say that he did not wish in the brig before leaving
New York He did not give any reason connected with
the Commander for not wishing to sail in the brig did
not hear that it was desirable to get rid Of him.
doom to the prisoners. did hear all that passed. but
heard Cromwell say he innocent. Could not hear
what Small said first knew of the execution about two
hours and half before took place. knew that the
officers comforting together the day before. On the
evening Of spencers arrest heard Small questioned by
the Commander said something like this" Pm
in mutiny sir but I've had foolish conversation with
Mr.. Spencer" He then sent forward. do not
know that Mr. Spencer applied for permission write
his friends, for any do for him. do not know
why his messmates did not take leave of him. was not
surprized at the execution. never saw Mr.. Spencer
Capt MCKENZIE put few questions to the witness,
but he did not elicit thing novel important thereby
CHARLES SHELLEY aged 10, examined Tor the prosecu'
toni have heard Mr. Spencer talk Of leaving the navy
and going in a merchantman he said he had been in a
merchantmen, and said, mate, STRIP to which he
piled, Mate, be id, went afore the mast" never
had any particular difficulty with Small; he'd be good
sometimes and sometimes hid get into passion; was SIX
larkng with him once when he said he would as soon
run the knife into as into the pork he had In his hand
Spencer give two bibles to Cromwell.
OLIVER IL. PERRY examined for the ution-1 have
slight recollection of having heard Spencer saying he
DESTROYS of leaving the navy recollect Mr. Spencer
telling Mr. Gansevoor that he expected to have the
mand ola vessel of his shortly it was few days be
fore his arrest; before sailed he told me that he had
applied to get detached. and join the Grampus.
Odd Mr.. Spencer write home to his friends or get
any one else to write for hint
Al do not know that he did.
Odd you not say in the presence Of the Secretary of
the Navy and other gentlemen, that twas your impress
sion he did send a written message.
Ooh yes but that before the execution; am
under the impression that he did send such message be-
cause saw the Commander writing.
GLOW near was youl
About four feet off.
Estate what was said
Al cannot for did not hears Thought it private
and did notify to hear.
Odd you hear the Commander AK Spencer IL ne
wished to write home
Ali did, don't recolect it; did not hear him say
he could not write with his irons
Commander Mckenzie at this part the examination
rose and made communication to the Judge Advocate.
The latter imme lately said Well, if you admit it,
shant pursue the examination
The PRESIDENT asked what il vast
The JUpGE ADVOCATE said, " Why, sir, Capt AlcKen-
ze admits that Philip Spencer did tell him tchat write"
The Court then adjourned.