Arkansas intelligencer., 1843-05-06
Commapaer Mckenzie, and K su,v
From tho United Statcs s.oaSf

- -, -
comnapaer Mckea.ie, ana Ss avrs,;fs 11us
~, sss From tho United states- GsettsS H
We give below the charges and eciicnfioaA
brought against C Commander McKete. on,ae-Al
count Of the execution Of the mutines on boara n
tho q. s. brig Somers, and we add II findint Il q
the Court Martial in oil.
1t will be observed that the resultb nm entireS
acquttal on every specification, and tit the Pres-
ident of the United States has approyd Of the &c. (
ton of tho Court.
CHARGE l.-Murder on the Hia Seas, On
board of a United States resel.
Specification first alleges that Comm ndcr Mac
kenzie, then commanding tho United States brig
Somcrs, did on the first of December, 1912, on
the high seas in latitude II deg. "a min. % sec.
and Longitude 81 deg .sz-p,in. As sec. without
form of Jaw, wlfully, deliberately. and with nal.
ice aforcthought, hang and cause to be hanged by
the neck, at tho yardarm Of tho said brig, until be
was dead, Philip Spencer midshipman, thcn serv-
ing on board, thereby violating tho 2lst article Of
the lst section of the act of Congress-, entitled
"An act for the better government Of the Navy
of tho United States," approved April 23d, 1900.
Specification second aIiedges sams .hilz SSre.
gard to Samuel Cromwell, boatswain', mate, and
Specification third, in relation to Elisha Small.
seaman.
CHARGE lI.-Opuesstak
Under three specifications, the sine as the 9th.
ers, except that they aIlege he did withost form
Of law, and wilhou, good and suffient cause, op.
pressvoly kill, by hanging, &c, tc.
CHARGE IlI.-Megal Punbhment. I
Three specifications, as above Except that they
charge that he did. of his own auhority, and con.
trary to the ac, of Congress in juch cases made
and provided, xiii, &c., &c.
CHARGE lV.-Cond net unJccning an officer.
Spccitication-ln that he use taunting and in.
sultlng language 10 Spencer atfhe moment Of his
execution.
CHARGE F.-Cruclty and Oppression.
SPecihcation-ln that no iabitualIy inflicted
cruel and unnecessary punishment upon his crew.
Finding Of Me court in the case Of Commander
alexander S. Maeken:ie.
On the first charge and its specifications the Court
finds
That tho first specification is not proven.
That the second specification is not proven.
That the third specification is not proven.
That the first charge is not proven.
On the second charge and its specifications -
That the first specification is net proven.
Ihat the second specification Is not proyc-
That the third specification is not prove.. -
That tho second charge is not proven.
On the third charge and its specification
ihat Inc hrst spcclhcation Is no; prove
That the second specification is not pr.
Inat the third specification is not prov.
That the third charge is not proven
The fourth charge being waived BY Il
Advocate, and no testimony or evidence b.
fered 10 sustain it, the Cour took no actio.
The specification OF the fifth cSr
deemed by tho Judge Advocate too 1yas
waived by him. No ono having compl,
the department of specific, i'll treatment,
not be made more specific, as the departing
no particular information. The Court tn,
took no action.
AS far the evidence was offered IN
fifth charge, the Court do End no proof
treatment OF the crew q the Somers geno,
Commander AIexanderjS IS. Mackeazie of i.
ges and specifications preferred against
the Secretary of the Nwy.