Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1843-04-21
COMMANDER MACKENZIE AND
THE SOMERS.
Ehom AZ United States Gagetle.

From The United States Gazette.
We give below The charges and speci
} fcatlons brought against Commander
Mackenzie, on accouRt OF the execution
-, al the ,mutineers on board the u. s brig
Somets, and we add the finding Of the
Court Martial ia all.
II will be observed that the result is
an entire acoittal on every specification,
and that the President of the United
. States has approved Of the action oi the
. Court.
CHARGE l.-Marder on the high seas on
board of & UTnited States ueSsel
Specification first alleges that Com
mander Mackenzie, then commanding
The United States brig Somers, did, on
the first of Decembe;, lS42 ,on the high
seas, in latitude II deg. 81 min. % sec,
and longitude 81 deg, 81 min 45 sec,
without form of law, Wifully, deliberate
ly, and with malice alorethought, hang,
and caused to be hanged, by the neck,
at the ,yard'arm Of the said brig, until
he was dead, Philip Spencer, a 6ntdship.
man, then serving on board, thereby,Rio.
ialing the 2lst article of the lst section
Of thee Of Congress, entitled "An act
forthe better government OF the Navy
OF the Unilsd States" approved April
23d, 1900.
Specification second alleges same thing
in regard 10 Samuel Cromwell, boat
, sWain's mate, and
Specification third, in relation 10 Elisha
I Small, seaman.
CHARGE It,-OppreSSion.
Under three Specifications, the same
; as the Others, except that they alIege
he did, without form Of law, and with
out good and sufficient cause, oppressive
ly kill, by hanging, &c &c.
CHARGE lII--Alegdl Punishment.
Three specifications as above, except
that they charge that he did, Of his own
,, authority, and contrary TO the act .of
Congress in such cases made and proVd
ed kill, &c. &c.
CHARGE w. Conduct unGeCOming an
officer.
Specihcallon-ln that he used taunling
; and insulting language TO Spencer at the
+ moment Of his execution.
CHARGE w. Cruelty and Oppression.
!, Specifcalion-ln that he habitualy
r inflicted cruel and unnecessary punish
r ment upon his crew.
Finding Of the COurtin The case Of Com
n ,nsdader AleranderS. MGckenzie.
9 On the first charge and its specifca-
y tions the Court finds:
,, That the first specification is not prov
d en-.
} That the 2ud specification is not prov
en-.
IT Tbatthe Sd specifications is not prov.
y en-.
} That the 1st charge is not proven.
" On the second charge and It's sPecf
: cations:
That the lst specification is not pro
ven.
That the second specification is no
y proven.
That the third specification 10 no
proven.
That the second charge is not proven
On the third charge andlts Specfica-
tions:
That The lst specification is not prov.
:, en-.
" That the End specification is not prov
en-.
That the Sd specification 10 not prov
= en-.
a That the 3rd charge is not proven.
, Tho fourth charge being waved by th
d Judge Advocate, and no testimony o
. evidence being offered to sustain II, tn
Court took no action upon it,
The specification Of the fifth charg
being deemed by the Judge Advocate to
vague, was waived by him. No on
having complained to the Department q
=, specific i'll treatment, it could not b
made more specific, as the Dopartmeu
had no particular information. TIL
Court therefore took no action.
As far as evidence was offered undt
the 5lh charge, the Court do find n
proof Of mislreatment of the crew OF III
Somers generally by Commander Mac
. keuzie, nor OF individual malrrealmen
% aud therefore dnd it not proved.
ly The Court DO therefore ACQUIT Con
. mander Alexander s. Mackenzie Of II
W charges and specifications preferred I
ng gainsl him by The Secretary Of the Nav
rh
-. TuH ASD DRSnDT