The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-12
Trial Of Com IN nder NICK enzie.

Trial OF Commander Mckenzie.
THIRTY .THrRp DAv--Msrch IL.
The Journal having been read. DanI. Mckinley was
BY the JUDGE ApvocArE.-Witness depesed as follows :
washing up mess things in the forecastle at the
time the orders TO haul the brace given. Mr. o.
H. Perry the forecastle at the time and think he
said "halfa dozen you clap the brace" The most then
went and Mr. Perry was sent for aft. On the voyage
home Mr.. Gansevoort one day asked me if had pea
jacket shoes and stockings and If there "was nothing
when got to New York, to 60 home and my friends
He said should have il they would take him for secur
y. He asked if there was nothing else wanted told
him no. and he said "then was dad sight better Oft
than he was" The Doctor and Purser present;
continued catboy until after the arrest Of Spencer Crom
well and SMALL two days after that Mr. G. told me he did
not want me to be coming into his any more; Mr.
Perry has often given me cigars and occasionally cent
to his locker to get some Mr. Spencer was pretty fam
voor more than any other officer; Mr.. Spencer
familiar with Stewart with any other officer on
Ger familiar with the petty officers than is
natural for midshipman to be with old seamen.
Mr. SEDoEwIcK said Eve do not want what is natural
but what Mr.. Spencer actually did"
Ihave often seen him talking to Anderson Stewart and
Browning.
Q-Was he familiar with Cromwell?
Al could not say; have seen him talking with Crom
WE'LL think have.
Q-Have you known Mr. Gansevoort to give brandy to
Ayes, to Cromwell and Browning
Q-When you arrested and what occurred2
AOn the Both of Nov at morning quarters. The Com
mander put Wilson into irons the Commander then cried
send Mckinley aft went aft to Commander and lieut.
nant held pistols to head and told me to sit aown the
Lieutenant told King the gunner stand by and knock
out their brains they should make false motion
put in irons Green and Mckee then Ironed and
dered to get all ours and to the starboard
SIDE The Commander said nothing me Green said III
am very sorry for this, sir" The Commander said ESQ
am and hope will not have to touch any ofyou ap
prentces"
Q-Begn and give all that occurred the day of
euton.
Alt was the day after was put in irons about
the Commander out of the cabin in full uniform,
nutss to live He them told them somethnr did not
hear what he said but was enough to hear what
said to Spencer He came back to Spencer and ask
ed he had prayerbook. do not know what answer
made, but heard the Commander order three prayer
books. Mr. Spencer, should think, read few pray
Mr. Spencer said that he did. The Commander ordered
Dunn to fetch paper and camp out of the cabin.
Spencer took pen IN his hands and said cannot write
| know what he said saw the Commander writing, but
whether Spencer asked him to write cannot say The
told Mr. Thompson. before he began to write
to tell him when the time was up He did so, but the
| Commander kept on writing When he got through
writing he went to Mr.. Gansevoort, who standing,
forward Of me. The next / saw was Mr.. Gansevoort
and support Mr. Spencer as he was going forward
l don't know who supported Small and Cromwell. The
next order heard stand byfre" MIR. Gansevoort
at the same moment cried "whip"
Q-Did Mr.. Spencer say any thing when the Com
mander told him he should die in ten minutes
Ale said he was not ft to die and wished to live
lenger to get ready. The Commander said, know you
NOT, cannot help Al the time NOmmanuer
went to Cromwell he was reading book; think the
| Penny Magazne; ! don't know what the Commander
said but Cromwell dropt the book fell on his knees and
cried God of the Universe look doon my poor Wife
am innocent" Iheard Spencer say, the Commander
stood in the cabin gangway as these are about the last
words Pm going say trust they will be believed" The
Commander said what that % He said CromweH is
| innocent" The Commander said something In low
tone and then the Commander went forward, and the
Lieutenant and supported Spencer TO the gangway
was on the quarter deck abaft OF No quarter gun;
had face aft and told not to look forward; could
| who the Commander smoke to because il look
ed forward my brains to be blowed out. Spencer
at the time he was talking to the Captain the
chest and the Captain camp stool in front Of him.
Q-How long did the writing coutinue2
Al could not say how long the writing continued,
bat can say that the Captain staid there 90 minutes
half an hour; could not see spencers face, his back
was towards my face.
Q-Givethe words of the Commander when he asked
Ale said "Do You wish to write ~ whether spen.
said yes or no not know but the paper and camp
stool came up Immediately.
Q-what was your state of mind when you heard Mr..
spencer's doom-was you doing any thing7
Al was doing nothing but might have been crying
after heard it, when he came out Of the cabin.
Odd you anticipate what going to be done when
you saw the Commander in full uniform 2
Al did not supposed that vessel was in sight
and that he going to board her after the
hanging at the yard arm he told ME that was not to be
hung; Mr. Thompson was the only that saw take
leave of Mr. Spencer the former in tears when he
shook hands with Spencer.
was announced
Ale leaning with his head on his hands when
COMMANDER came ne turned nan rOunu ana
the Commander he was not fit to die SC After the exc
cuhon the Captain told me that the general opn
ION that was pretty good 61 but that he should have
my life for others that saved me; asked Mr. q. fthe
Captain thought was guilty of thing he said mo,
lated two Conversations between himself and Wilson
which were immaterial During the last voyage was
and broke my liberty at Santa Cruz The first night
was put in the bag was tied my head Sergeant
Carly always present when we were put in the bags
after a the told the officer I
smothering and asked to be relieved for could not
breathe he came back with the orders that could not
and got mouth to the mouth Of the bag and SO until
the morning.
Mr. SEDGwicK.-s this testimony intended to support
the fifth charged
Jupcr ADvocArE-No, indeed! I've no idea Capt. Nc
Kenzie knew Of il; ii is to contradict Sergt Carly.
At the request Of the accused the examination was
pended and the testimony introduced of Capt Ramsay
to the probability Of the u ship vandaa being at ST.
Thomas when the Somers touched there
sMckIrLEy recalled-lthnk it was Sergt. Carly who
was standing by me when the bag undone the next
day. lnever heard of any attempt at rescue nor of any
| mutny until the Commander logged Waltham.
By the CouRT-Iw born in Boston-have lived there
and the city of New York; before entered the service
was q waiter at Towards HOTEL have been spoken
to by the Judge Advocate once in relation to my testi
| mony.
Crosexamned-Neve said before the departure Of the
Somers any other time, that there would be
tuny board the Somers before she got back-I
of Spencer's arrest had conversation with Chas Abra.
hams-he asked me what Spencer put in irons for
dtd NOT Tor trying TO raise mutny but that thought
1t was for fighting with Mr. Thompson. He said wonder
who would be so mean to tell of the fight out of the
Storage Alter the arrest of Small and Cromwell said
to my messmatss expect to be put in irons myself before
q week.
After further questions which did not elicit any.
thing material the testimony read the witness
and the Court adjourned.
Albany.
Correspondence Of the Hcrad.I
ALBANY, Friday, March 10, 1913
The peather-Locofoco Triumph in BuGalo-Legis.