The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-08

NINTH DAr-sAruRpAy, Jan.7.

msnder he would allow him TO speak to Mr. Wales; the
ed him to speak to him; the Commander called Wales;
came up and Spencer shook hands with him and spen
Ger asked Wales II he would forgive him. did not hear
what Wales replied farther forward; heard
Cromwell say that he was innocent and for to tell his
mind on the larboard side and Spencer and Small
were on the sarboard SIDE and could not tell what they
se nd s
after that they were turned and the Captain requested
them to give three cheers to the American flag, which
they did, after that the hands went to dinner.
| By JUpeE acknowledgement what was the dsci.
pline and subOrdnsen of the crew between New York
A-Itwa very good; after that observed that the
hands growing rather stiff among themselves and
sury an order had to be frequently repeated before they
JupoE ADvocArEHow was it after his arrest and be-
fore the execution, better or worse7
A.-Worse, in my opinion
JUDoE ADvecArE-Aer the execution did il grow bet.
ter or worse7
A.-Much better
by JUDGE ADvocATE-You were examined, You say, be-
ioe the council Of eficers what opinion dip you gve7
gerous condition. and that her safety was in Jeopardy
Q'-Why did you judge sof
A.From what fhesrd Spencer and others say, the
Questions spencer asked me, and from Cromwell taking
ofh and from seeing spencer and small talking tOssth.
by Mr. Spencer alone Immediately suspected that Crom
well and Small were complcated Cromwell and Small
seemed to be in low spirits az il something laid on their
| minds.
By JvDoE ADvooArE-was your opinion asked as to the
| and whether it was safe without the execution
At was; and gave my opinion that there would be
an attempt at rescue and that the brig not safe with
Garty further stated his belief both then and now
that after Spencer Small and Cromwell put in irons
from attempt and that such attempt rescue
would have been made and it had been made that he
believed then and does would have been
full there were officers the deck then only Of
cers of the watch excepting at times there might have
Q-Can Won name any neraons vhor, vov th;rl ,,,,a
have attempted a rescue?
,A-No. ! cannot; but the morning of the a7th,
replied yes theres but no more than belieye neces
Something was said about the officers being armed
made rush7' Irepied thought Is or ia of them would
drop at once Irecollect nothing worth mentioning
By Capt. McKENzIE.-Were there any causes or re-
marks made by Warner or others which induced you to
that the greater part of the apprentices
9uanted with the projected change Of administration on
board Of the Somers and hoped to profit by it7
ACNo, sir, never heard any such remarks.
BY COMMANDER MCKENzIE.Isi il your opinion from all
project?
Al am OF opinion that number of them knew oft
whether a majority of the or not cannot saw
BY COMMANDER McKENzE.-What did YOU observe of
wilson on the night Of the 2Sth of November while in
Al observed THAT he quite restless, looking up
from his hammock and looking round the deck; was
rather suspicious OF him that account and whenever
the watch was called turned out myself and leant
against my hammock with my naked sword in my hand
thought there might be made into the Storage as
the watch were turning out; thought if there was
rush to be made it would be at the relieving of tbe
watches.
By AIcKEszr-Dd Wilson mutter or curse the brig?
sBy McKEsziE-Were you not subsequently removed
into the Ward room Sleep for greater safety to your
Aon the night of the a7h, Islept;in the Ward room
tor safety.
By JuDeE ADvocArE.-At whose suggestion did this
ALieutenant Gansevoort ordered me to take nv ham.
By McKEszIz Did thu crime of theft increase after
you left Ma leras
A-Yes sir don't recolleot only one case previous to
leaving there.
Mr. HEnxELL was here called and produced the origi.
nal dispositions taken by the council board Som,rs
ana also certified copy OF the same The original has
been In his possession since Part of the original is
IN my hand writing and part in Mr. Wales These orig
nails were submitted to Commander Mckenzie by myself
previous to the execution They sent to him before
the letter, recommending the execution.
Q-When did Spencer draw the case-on board,
Al think he drew il with razor in it after he came
on board; cannot name the day.
writing began in the dispositions, and other unim
portant points respecting them:
the Council on board the somers.]
@ by JUDGE ApvocArE-Is that deposition correct?
Alt is with one or two exceptions (which stated
CHARLES STEWART, petty officer, Capt of the Fore
castle, sworn- was on board the somers; first heard
the intended mutny the night Spencer arrested
and learnt from OF the ofcers-as they said had
frequently Spencer talking with Cromwell They
appeared to be intimate; have them ticking ogeth
on the forecaste and Jacobs ladder in low tone
could not hear what they said, although within or
qured me on the frecae have seem
together number Of times. have Spencer give
Cromwell money. No one board said any thing
to me about taking the vessel The order and discipline
on board were good till arrived at Madeira. AZ
leaving Madeira something very extraordinary
very suenthe crew very slack in obeyng orders
upto the time of Spencers arrest. During the time the
prisoners were in confinement, the used stand
three or fourth number together but don't know what
they were talking about There would be several of these
the council of officers on board the Somers gave the
opinion at that tme and think STILL that the vessel
was not while those prisoners board
count OF their numbers and the few board to
guard the vessel there must have been more who had
something to do with it, but can't say who they
state ! Is 'Ns's any 'n'ns e'e you can
AT the time Of the execution Cromwell made two
three attempts before the rope put round his neck
to jump overheard l heard him plead his innocence
Spencer and Small were the starboard sde and did
stewards deposition then read to him Is It was taken
down at the council he said was correct II contain
ed nothing Of special Interest more than what he. arss
Acknowledgment once gave me one glass Of brandy
for scrubbing his pantaloons lending him his mattraa
on board the somers; knew this fact when shipped the
commander was humane, more so than usual.
CHARLES Rooms sworn, Of the petty officers,
Quarter MaserI first heard ofthe mutiny the night
Spencer was confined. Before got the Coast Of
spencer 10 me wish nad our launch, and
with ten such men could pick out from the crew.
could make our fortune. Ireped, "why Mr. Spencer
should think you must be for taking that brig" There
brig then in sight He said yes he wasS | re.
piled 1t would be hard to find ten of crew to
take such vessel' He said, eyes he could find such
men," and named several OF the crew, and asked my
opinion about them He named Wilson, Cavanaugh, Nc
Knley and Green. He once asked me If had been
in SLAYER told him had not he has never said any
thing to me about pirates the Isle of Pines Spencer
wasvery intimate with Cromwell have seen them
more intimate than ever before officer with one
| w as
carried away Cromwell and Small the only of
the crew who understood navigation, as far as know ;
| Cromwell told me that Spencer had given him SIS
was examined before e council of officers, and gave
opinion which that II would be very safe 70 un.
dertae 10 the brig the coast with many prisoners
on board as poorly manned, and believed that
most Of the big boys implicated in the ot believed