The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-19
Court Of Enquiry on board the North
Carolina.


Court Of Enquiry on board the North
Carolina.
WEDNESDAY, Jan. Is.
On the opening fthe Court this morning,
Captain McKErzrE submitted communication to the
Court which was handed to the Judge Advocate. Mr.
Holman after looking it, stated that conveyed
quest to obtain permission to offer testimony relative
alleged conversations which Mr.. Spencer had had with
joining the soms sd also msas Sv C
we'll before the brig sailed in which he had expressed his
opinion Of the probabilities Of muny board of her be
fore her return. Mr. Hoffman remark ed that any tesmo
ny to what had been said done by Mr. Spencer
board the Potomac nadmissble under the precept
thorsing the organization of the Court The obec
ton valid in relation conversat ms or acts OF
Cromwell or others at period remote from his their
joining the somers But any declarations made by Spen
Cromwell Immediately anteceden the sailing oil
the brig, relative to any intended mutiny would he
thought, be properly admissible
The Court was then cleared.
On the reopening ofth Court,
The JUICE Apvoc informed Captain Mckenzie that
the Court had decided that all the declarations of Mr.
Spencer made anterior to this voyage and the declare
tons made board the Potomac the declarations
acts OF Cromwell male when connected with the Florida
expedition inadmissble testimony being remote
The Court have however decided that the facts Of
declarations made by MIR. Spencer previous by Nc
PRECEDING the sailing Of the somers and relating to AMY
intended mutiny board the Somers admissible and
you can prove it. They have also determined that your
Court also.
Acting Master Perry then recalled-He was ques-
Q1SpO01tlOn warner
council Of to the recollections Of wit
Warner said he thought Cromwell should be hung
lin his evidence before the Court Warner said his state
ment was that Cromwell should be hung If guilty."
By Capt McKENzIE-[The general order and night
book here handedto Witness and identified by
him; the order in case Of man boy overheard was
read il was down helm; let 60 the light buoy; clear
away the boat and the vessel man9uvre in stays &C.
Obedience to this order in caseGazey had overheard
would have Of course aused great confusion cupboard:
of the officers might probably have had to 60 the
boat and some Of the sPars and studdng sails might have
been carried in those the boat
would have jumped in and not have waited for the regu
lar boats crew to be piped up
to Cromwell was not made in hypothetical ways he said
he ought to be hung; had he made the correction ad
dition, if guilty would have been inserted in his
testimony which was twice read to him and signed
by him.
Lieut. GANsEvooRr recalled Thinks from the best of
his recollection that Warner said before the Council
Officers that Cromwell ought to be hung; he stated his
opinion positively and not contingently; Wilson made
report to witness about conversation he had had with
Mr. Spencer but witness thought lie and stated such
to be his opinion to the Commander when he reported
to him. The following form of oath administered tn the
witnesses before the Council of Officers identified by
the witness-"You do solemny swear that the evidence
which you shall give before this Council Of Officers as
sembsd shall be the truth, the whole TRUTH and nothing
but the truth so help you God" Two three of the
witnesses examined without being sworn but after
wards their evidence read 10 them and to by
them there were about hundred hand and hun
dred foot irons on board the Somers.
By Commander McKENzIE-Witnass not influenced
by the fears of Commander Mckenzie, by any thing
but his knowledge of the facts and the dictates of his
conscience.
Q-From your knowledge of the case can you say
thej6delity Of each of them2
Asuppose he did not wish to excite any suspicious
eve the strength Of the crew was against u.s. and
cened in the mutiny; judging from myself being of
the strongest of the officers, do not think could have
stood out much longer than one or TWO days. and am
the younger officers could not have stood long,
as we were before the executions the Commander
deck twothrds Of his time before the discovery Of the
mutiny: afterwards three-fouf tha
Odd you remark any thing in Spencer, and CromweH
and small after their confinement to indicate that they anti
ciPot o rescue?
A-Yes; they looked very confident, and exchanged
giGnees Their did not ehsmge till they told
The regulation Of the Navy Department prohibiting
the use OF tobacco and spirits enforced on board the
Q-whst could have induced Cromwell to ask your
forgiveness when he was led to execution7
A.-1know nothing but that because he had meditsted
to take my life,
Q.-Was the treatment of the crew cruel or humane2
Automatically kind and humane; every attention
was paid to their comfort and in providing luxuries
for Them fresh provisions and fruit and in cold weather
the fire in the galley constantly kept up; have
known some fruit which the commander purchased for
his own children to be given to the crew.
Capt MCKENzIE-I don't wish to appear too good; that
was in consequence Of mistake the part of the purser
in not obtaining the supply which was ordered
somers7
A.-No; have sometimes reported cases which ex.
peced would be punished and they have been for
ward by the commander after some advice; there was
reluctance on the part Of the commander
least, to inhict punishment.
Q.-Was there not extraordinary number of offences
on board the Somers?
A.-There were many offences but do not knoD that
heywere extraordinary considering that 1t a crew
ofboys. The punishments generally inflicted with
the colt; in some instances with .he cat.
By JupoE ApvocArE.-Whati is the colt made Oft
"A single piece of ratn, three threads, and nine
strands
Off the colt administered with the clothes on or
A.-with the clothes on.
Capt. MoKEszIE tin an under tone).-And generally
an extra quantity Of clothes.
WIrNEss.-The punishment with the cat is much more
formidable and all hands called to witness it.
BY the CoURT.-There were 95 Delaying pins on the
spar deck of the Somers their weight from 3b TO
Sbs They could not have been kept from the mutineers
Zone of the colts used on board the somers was here
produced]
DR. was then recalled physical strength
watching, little Sleep and constantly carrying their
heavy arms during the day, and sleeping with them
They wearing down more and more eyery day
This apparent in their countenances and confirmed
BY their constant complaints. During the watch the
idlers had to under the hammooks the birthdeck
every half hour and necessarily crawling when doing
so.
Mr.. WALES recalled.-Had been very intimate with Mr.
Spencer before he talked with in the booms I was
intimate any of the officers was often forward and
smoked with him. Whenever he wanted to draw tobacco
thing, he came to for it, There never had been
any conversation conversations of any kind between
witness and Spencer before that night relative 10 any
such project as muny board tho brig. Never had
any conversation with Cromwell Small or any other per-
son on board on that subject Was present when Crom
well ironcd, standing close 10 him on the trunk
where he was seated-heard the Commander remark to
him that he would be under the necessity of confning
him. that he would be taken home and tried BY the laws
OF his countryif he was innocent that he would have
chance to prove hmselfso.
The JUpoE ApvocATE-I am now through with my list
Of witnesses
Captain McKENzIE.-The who can prove that
Cromwell asked forgiveness Of Lieut. Gsnsevoor before
his execution are in attendance they forgot to mention
til at when examined before.
STEWART and ANDERSON were called, and testified on
this point
JoHS Ford Called and examined--Is not now in the
service Was wardroom steward of the Semers till about
sx days before she sailed on her last cruise
By Captain MckErzIE.-The night before the Somers
sailed Daniel Mckinley, one of the who had been
wardroom boy, said to witness" Steward, there will be
mutiny this time for certan-you may be glad you're
not gong out in her-supposing of little stores
this time as zoe did coming home before
The other witnesses on whom Capt. Mckenzie relies
for proof about the alleged terrible revelations of intended
mutny made by Mr.. Spencer before sailing in the So
mers, not being in readiness,
min ~