The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-06
Court Of Enquiry on board the North
Carolina.

was read by the Judge Advocate 1t commenced with
repetition contents Of the paper which was present
nation Of Lieut. Davis relative to his Capt McK's con-
duct board Of other vessels. 1t then went on to say
that his conduct had been attacked in the newspapers
the Court had said that had nothing to do with news
papers, but the press the great manufactory ofpub
lie opinion" and American could be Indifferent to
public opinion Capt Mckenzie then proceeded to state
that he wished to show that his conduct on board
been characterised by humanity and uniform regard to
the comfort health and safety OF the men under his COM
mand that he opposed to hogging board the nde
dendence and all that done by the commodore
until became rksome for him to continue it and
then concluded by narratng the in which he had
successfully endeavored at San Salvador to protect the
American Consul his family. and all who fled the Dol
phin (which ne then commander from the ravages
of the Peruvans, after their capture Of the town.
We will give this paper in full tomorrow
| Com STrwART-We are perfectly willing to hear all
relative to the humanity and conduct Of Capt
but We cannot travel out Of the road into rreevent mat
ters
The Court then informed Captain Mckenzie that such
witnesses he had summoned for the purpose of testify
ing relative to his conduct in other vessels might be dis
missed.
| DR.. LrNcocx was then sworn and examined-He was
Passed Assistant Surgeon on board the somers DR..
Lncock is gentleman Of about thirty years Of age
and is at present in poor health His evidence
corrobaravc OF that Of the other witnesses He FORM
med one Of the Council of Officers directed TO
| by Captain Mckenzie. Several seamen examined
and the Council concluded that it would be emneny
hazardous and almost impossible to bring the vessel safely
to port unless the prisoners executed He witnessed
the execution heard Mr. Spencer request speak to Mr.
Wales just before he was executed also heard him ask
seaman Small to forgive him. The witness narrated his
conversation with Mr. Spencer in the ward.room while
examining the charts OF the of South America and
the West Indies and the enquiry about the Isle of Pines
formerly stated by Mr. Heiskill Witness also recoected
sick list whether Cromwell had the OF
Africa before; Cromwell said he had, and Mr. Spencer
that he had taken 5y nanotpar On the morning
OF the 26th, Small presented himself witness with
vomitng he was put the list and got medicns
the same day Mr.. Wales statement came my know.
ledge Nerf morning Small again uished go the sick
list complaining Of vomins; Ieh his pulse and noticed
that his appearance indicative of great
W the tone of his roce and qverng Of his hands
tested anry asked persons the deck fthey had
Small vom could ascertain that he did and
refused to put him on the sick list That evening
request medical aid and did not notice any symptoms of
illness in him. Witness could not recoect any CONVEX
saons with any perso. or persons board the Somer
which would throw additional light the subject of en-
guiry.
QUESTIONS BY CAPT. MCKENZIE.
Q.-Was the Commander attentive to the comfort of the
to them from his own table?
Ale was uniformly attentive, and recollect of his
sending food to them from his own table.
Dd he desire you at any port obtain fruits for the
Ale did for fruits and such other articles as might
minister to the wants and comforts ofthe sick.
Q-Was any of the fruit thus purchased the expense
of the Hospital fund.- furnished TO the commander or any
of the officers
A-No, sir.
Q.-Do you or do you not know that the somers was
almost constantly at sea- and that from the
ken the health of the crew. by attention to
their food personal cleanliness SC. Sc the health Of
the improving from the time you left New York
notwithstanding your being on the coast and the bad
A.-The diseases very trivial-no serious cases
occurred there were good many on the sick list most
bruises the boys not having bsen used to sea service
somers and the general treatment of the cruel
A-There was no unjust and TN
Q-was due attention paid to training the apprentices
so as to make them efficient seamen
Ayes, so far as could see.
Q.Could the somers have gone into action with the
probability of sustaining the honor the American flag
had the execution not taken place
Al think not.
Odd you believe at the time of the execution or do
you believe that if the execution had taken place
the Somers could have been brought home in safety by
Al think it would have been emnently hazardous
almost impossible.
The evidence of DR.: Lncock here closed.
HENRY RoeERs, senior mdshIpman board the Somers
was next sworn and examined. His testimony was al.
most literally identical with that of the Lieutenant and
Mr. Perry and do not therefore deem il at all
ry to report it in full Mr. Rogers the officer who
translated the found in Spencers The
his accomplices, headed, certain" "doubtfulo and
thoao to be retained board. nolens uoiens" There
we're also three paragraphs These the first
Lieutenant took, and shortly afterwards deciphered
them for tho Commander. ----.l-----a-- -. -
By Com. JoNEs-The Greek alphabet made use of in
stead of the Roman, warnt tit
Ayes, sir; the words were English.
This witness stated that the day before his arrest Mr.
Spencer to Witness and asked abruptly elf our
chronometer was good one7" told him didn't know
but supposed was very good He then asked me if
knew the rate OF it. Ireped that did not the con-
versaon dropped. Two three weeks previous to his
arrest he speaking of fortune telling and said that he
examining my hand he said that he could snd haying
amned my hand, he told me that my death would be a
% and sudden that my life would BE short and
Thompson and Mr. Delarde at the time, but have
not distinct recollection of what he said their fortunes
would be- He was in the habit of speaking very disre
specially othe Commander in the seerage but appeared
to be much too obsequous when in his presence Irecol
another his initials to spell his character; also
collect his speaking very disre'pectully Of the Com
recolect the words On another OCCASION shortly
after leaving New York, conversng with some Of
the mdshpmen regarding the vessel and the character of
Commander. To some observation of mine Mr.
Spencer remarked that he did not know he was
that kind of man; he thought he was id
old granny Iobserved his familiarity with the crew and
general inattenton to duty. He most familiar with
whose names were found on his lists The familiarity
consisted in frequently converting with them whilst he
was on duty; laughing and talking with them in a more
familiar manner than became officer a gentlemen
This had attracted my attention previous to hearing of
the mutny. had made the observation Of my
messmaes. He my watch, and not attentive to
duty frequently had to give orders times With
out them being obeyed and had often go forward my
self to put my orders in execution I would then
generally find him standing by himself or talking with
Of the On the night of the oath during the
mid watch the lee mantop gallant brace parted causing
the ard to swing forward went the fol ecasle to
discover whether had been parted let go by mistake
and Mr.. Spencer standing the lee hen coop con.
versing In apparently familiar with the look
out who named Van Brunt apprentice. called
the boy to haul in the running part of the brace Mr.
Spencer appeared to see me for the first time Immediately
got down and went to his station the weather side Of
the forecastle. said nothing then Mr. Spencer He
afterwards asked me why braced the yard sharp up with
the weather brace He and quarrelsome in
his disposition much that of his had
more to do with him than unavoidable. His manner
Tho eapna IN tha IN
heard mutnous expressions by Spencer but don't recol
ect the words Going ashore Monrova he said before
the boats crew that the Commander was a Id old
humbug words to that effect cannot recollect any
other instance at present.
The questions relative to the of the crew be-
fore and after the execution and the proprety of the
ecuon had been put to the other witnesses were adj
dressed to Mr. Rogers and the answers given as in
the other
The papers found in the of Mr. Snencer er