New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-01-19


Commander Mackenzie then presented Docunen, ask
Ing that he might be allowed 10 prove certain facts
ihat while in Genesa College, Spencers views were to-
ETcrd piraiicai iiie;
That he SAID be wished 10 live fer years merry as
or utaEe slaiete~art6 and puniscmehts-he believed
nothing IN them NJ vous have few merry years and
Tia: when Mi Spencer tsas on board the Po,onar dur
ing her voyage from Boston Rio he c0ncocled plan for
taxing possession OF iha, shp, numbering The others, and
That he had his plans all made ous TO future
nent, where he would cruise how he wouls manage 10
lay IL provisions from tine 10 nn. and lake IN water
That to three OF the forward officers Of the Poo-
mac be had impaired bis projects aad that they ware dis
cued among those OF the forward oicers who were in his
confidence;
That his plans ,en embraced The capture af Inoia
chaDtmen, The Newfork packets The OF females who
might e /. KEN and who were ia general not 10 he Kept
than q week;
Tina; Cromwe lad been mulinous and rebeiious when
in the Florida servceShow1ng murderous aud pIraucai
dispositions
Ikat on several occasions lust before The Somers sailed
from Ner-fork, spencer. Cromwell and Mckinley bad
given Out predictions that there would be muuny on board
tue sS1nerS Cromwell especially bad mace the decara-
lion al place 10 the Howery Mckinney being present.
The Judge Advocate then stated tat he should Object
decidedly the Introduction CT all The testimony OF
fred 10 Spence conduct declarations or board the
Potomac other vessels or as TO CromweilS behavior
while in thu Florida Squadron he considered decidedly
nadmisshe he had also doubts whether the decla
nons alledged be capable proof having been made
by Spencer, Cromwell and Mckinley, previous The sail
ing OF the SomerS from this port could be received test
mony He thought however that declarations had
been made Immediately previous 10 her sailing they might
be 7, ceivcd estimony.
After some conversation in the course of which Captain
mackenzie said he did wsh press the nlroduc, OF
this testimony, bat should wish his statement 10 appear
the record OF The Court and 10 WHICH the Judge Advocate
replied that he would have perfect willingness hat it
'touid appear together with the objections and the dec
ion thereon, the Court vas cleared for deiberatiOn.
After remaining closed about fifteen minutes, the Court
he fuhp cd
OF the Court to be
That they could admit receive testimony The
conduct or declarations OF Spencer bonrd The Potomac
previously of Comwelrs while in the Florida Squad
ron but a testimony would be received any declsr
acns made by Spencer Cromwell Mckinley. or others
touching the intended muny that shortly previous
10 The sailing OF the Somcrs.
Acting Master NJ c. Perry recailed-I was one Of the
Couzci of Officers on board The Somers and was present
turing G. w Warmers examination The question was
asked OF him whether he thought Cromwell deserved to be
hung and he replied positively tia. be did 1t was not
contingent, but positive opinion MIR Heiske read
the testimony he wrote il down, and If he did put
down correctly corrected him rom my notes. These
which have in my hand the notes made the Time
speak from them in relation 20 Warmers testimony GA
the 25h November civil! time, sail discovered and Is
entered on The log being seen three points on The aboad
bow.
BY Captain b1acto,sie-This is the Course Book, and
night ORDERS board the Somer (produced 1t contains
the order relative 10 what TO be done the cry
man overheard" The order Down with the helm,
let the ebuoy, clear away the boats, make ready 10
about" II Gazely had gone overheard the time the
msin-roya topgaan mast was carried away, these odeis
OF The officers would have had have gone The
boat and some OF the spars eight have been carried away
they would net have waited Tor The regular crew in such
the witnesses taken before The Council of Ocess cor
recty the best OF my heie Warner there stated 10 the
best Of my belief, that Cromwell ought 10 be hung He
said distinctly 1t was not hypote,ca opinion, but
positive Warmers statement READ over 10 him twice
men IL he had objected 10 any part OF II a The time
would have been altered TO his sug eon They were all
told that would be dose Il they required H. and great
taken 10 et it down in their own language as near
could be- TO tue best al my belief Warmers statement
put down in his own language.
LieGt GunSeoort ltcaied.WaS preSentat tue Coracli
nfoCers He gave similar testimony 10 the pGrSeT III re-
iaon The arrests. Wilson never made any report to me
that he knew enough hang hc Spencer. lie came 10
and told what he said bad been conversation with air
INN so He did IT, hins TO ward of spicion him
SELF The orm Of t. oa,h administered 10 the witnesses
before the council OF officers was You DO selemny
OF Officers assenbe shall be the truth, the wi ole traIh and
nothing but The lrulh help you God The TWO irsl
WITNESSES were examined without the OATH but aerward
with tie alteration, tbc evidence you have gwen
their evidence being read over 10 them IL The tiac In
the opinions which, gave The nece:s;y OF the execution,
Influenced by The OF fears 81 the Commander
or any other ililuenced ssley by tss dictates
OF Say conscience and from the knowledge had OF the
The Commander did not take measures to ascertain
whch OF tue crew were dsafieced and wnca ho because
he did make known any suspicious he might
have OF any large without Immediately conrnsins
hrm He thought too, that ihc greater part OF lie crew
was implicated and told the Commander had trer
mander had. do M think that the officers ad have
Stood Than Two days longer caisy The
weight OF arms they did and nor being allowed 70 sit down.
II Il
Judge from my self, and l OF he strongest ]
hiEk the younger officers ccaid mol have Stood so ong
Previous 10 tae discovery OF TIE runy thlns the Com
nander passed iwahirds OF his sine on decE and atef-
wards much rena ked that during the time sPen
Ger Cromwell and Small Confinement, they 5p
ppared quite confident aid not al all alarmed al Their sta,
alton They seemed as II they expected ssc ue nor do
their manner change until they were told hey were 10 oe
The article reaivc Huay read month TO the
The instructions OF Secretary Pduiding requires
that apprentices should not be allowed 10 draw their spr
ratons tSb cco. An oTCer omplgaed TO that e.
feet Cd board the Soners, pursuance OF the secrstaSs
instructions am mol aware OF any inJlry Cromwell nad
done Ike ask NY forgiveness except thai he
bad medIiated my DEATH The treatment OF me ere" was
humane Thsre we're more ,ans taken TO procure sod
nToyisions fresh rit and and make item com
portable, titan ever saw on hoard man oiwar before;
have known The Commander give tse boys ifn mat hao
been purchased Tor his chiiJen IN consequence oil t'e ms
take OF the Pu-er in not having purchased wla was or
dered. There excess OF punishment on board ihe
on Soad others vrsss 6ee appeared reelection
part OF aptan Mackenze punish lhave frequently
BY t!t Oour, The punkbmenis generally inflicted
win COLIN a few instances with the cts col! Is
The punishment with COLI always given without
stripping The cIoheS The punishment with the eat Is
much mere formal punishment Than with The colt when
The cat Is USED The wheie crew called 10 witness PUNISH
menL
pins on lac spnrtck 81 the Sonsrs in use Those on ine
rail are about lhreeand aha poGacs 10 weights those In
TIE eats tail about i've pocndS was Ssioe 10 remove
then be- ohd the reach OF The u!lGcers ney we're Ell 10
ard absolutely esaTy Tor the working OF Tue vessel
IA COLI was here produced Ii was piece 0! thlh rope
about the size OF = E:aaS iorc-tinser ihicEness.1
Hitness-That is such colt used board OF the
Somers:
DR.. L:eeoet re caed-was present ii the Council OF
Officers the testimony correctly taken As
Surgeon vi the Sinners il opinion ihal the physical
s,ree,h OF the officers was u1h reduced and their health
materially affected by constantly carrying heavy
iH the DAY sleeping with the al n:sh physical and
mental exeron having so la q0ansy o: sleep, beng
IN u tl, Il
covery OF ae mu,iny rntbe execution ,hn& The officers
were oEn down mere and more every day. II was gate
visible in their couu.enaDcr> aad il confirmed by
constant complaints Daring the watch the icers sad 10
90 en- deck every half hour amt 10 do 50 they had - crawl