Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1843-02-14

W the crow AMI lu,ty excited the billet, =
'nmnqnirr and h., officer, that an s,c,rr, A.,
,c m,de to rescue the pris MRS AMI take m,
ON those to whom she hal be,e ,ur,y,l !.
h. Government
The C,uu further fni, that there ve,,,,t
on board the big which would h,v, given o.
er assurance of protecting the prisoucr f.-
rrscuc, thon the quarter deck, on which M.
were confined
Tint Cnnn,nier McNcnzie in tho t,,,..
bic situation IN which he WIS placed snngh h..
was his duty to do) the ndvice and COINS oi b.
officers and Tim, the nm inmous ndycc and %,
ion of ,hosr officers, after nm examination Of a..
Of the crows an careful dclhcra,lnn wnsk,,.l
safety 9th brig Somers icpcnlrd upon m.
mediate execution Of Midshpman Spnccr Pa,
SWANS Mate Cromwell and Ssnman Small
Ths, Commander Mckenzie in pnr.,,o,.
the advice OF hi. officers and in obedience 10 4
dictates Of his own judgment, did execute b, Ma,
ing Midshipman Spencer, Boatswains NJ,
Cromwell and Seaman Small
Tim, such execution took place on N. e.,
December, 1912 in latitude II deg 3im d,
aud longitude Al deg Sam 45s, md I'M, Il
brig q, the time Of The execution wa. hyib, 4,
distant from ST. Thomas 525 - mill, at NH
piar she arrived on The 9Th December 1912
The Court fnthet find II NJ the condnctofC..
mandcr Mckenzie had be, n kind To hi. crew
tn'ive to their wants and their comior, that
was studous To promote their kuowlcdyc oftA
profession and that no pnnishmenn wcte inA,.
greater than were rendered necessary by The ~
cordant nature Of the crew, and the proper ds
pline Of mnn of war
The Cour, further find that the conduct Of c.,
mander Mex nz,n Lieut., nant Ganscvood ,,s
the officers Of the brig. was during the tra
scenes through which ih'v pass d. COLLECTED c,.
and brave md justified the confd, nee r,roSI
them by their county.
OPINION
The Court are therefore of opinion
Tint mpt'ny had been organized on tpl
the United States brig Somcrs. TO murder the
fc"rs and take possession ofthc brig
That Mld.hipman Philip Spencer Boaiswr
Mate Samuel Cromwell AMI Snaman E,-
Small, were concerned in, and guilty of such Il,
tiny.
That had notthe execution taken place ,n,a
tempt would have token place to release The pp
oncrs, murder the officers, md take comnan
the brig
That had such m ,itrmnt hccn made in b
night, or during n sqnaIl, would, in the lulgrr
Of the Court from the number and character
the crew, the small sizr Of the brig. md the dit
decreasing physical strength ofihc officer, orc
stoned by almost cons,nn, watching and bos
slumbers have been sncc. ssful
That CommoDdcr Me I[,Dzie. under these q
cnmsianc's, was not bound TO risk the saGy
his wss'l and jeopardy the lives of the young
fcers and the loyal Of his crew; in order TO 4
guilty. III" forms Of trial, and that the unm'dr
execution 81 IN" prisoners was demanded by %
and justified BY necessity
The court nrc further ofopinion that ,hrmas
ont all these painful occurr,ncrs so well cau
ted to disturb the Judgment and try the ,ncrr
the bravcst and most cxpericncrd officer. the I'd f
duct Of Commander Nc K,nzir md his offr,
wns prudent, calm and firm, md that he md Il
honorable performed their duty to the service ai
their country.
(Sgned) CHARLES STEWART +
Prcsid'n' Of the Ca
(signed) OGDEN HOFFMAN
1,d,a A1rn,