Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-14
PREsEST.
Com. Charles Stewart,
Com. Jacob Jones,
rz ~ ~


Ogden Hoffman, Judge Advocate.
The Court after due deliberations resolve report
the facts and circumstances Of the case submitted 10
them and to deliver their opinion upon the facts as
follows
In execution of the order of the Hon. Secretary of
the Navy, the Court with the exception Of of the
crew. who are in confinement examined every officer,
seaman, and apprentice belonging the u s Brig So
uers, III her late cruise, and unanmously report tue
following facts proved 10 The satisfaction of the Court
by the testimony, the record of which they have the
honor herewith 10 submit
That on the 9th November 1912 in lat. 10 81 1G,
and longitude Al 81 Do, Commander hlackenzie dis
covered that mutny had been organized on board the
brig Somers
The Court further finds that such mu,iny did exist,
and that Nitshpman Philip Spencer, Boaiswan 8
Mate, Samuel Cromwell, and Seaman, Elisha Small,
were rnglendss IN 1t, and that others of the had
knowledge Of It's existence, and participated in its
guilt
That, on the 9th November, Midshipman Spencer
was arrested and confined in rons that on the subse
qnent day boatswaIns Mate Cromwell and Seaman
Small were also confined in irons aud at The time they
were confined 1t the intention of Commander
Mckenzie 10 bring them To the United States 10 be
tried b. the laws of their country; that 10 effect
this desired object, Commander McKenze adopted
every measure that brave, prudent, and skilful OIL
Ger could adopt That, during the confinement of the
prisoners su.lenness discomfort ina,ent,on to duty
0isobedence to orders, c.en seamen know, and
W." ee"us puVe, Tue sole precursors 10 open aCt5 oil
violence and blood, were manifested by the crew, and
Justly excited the belief in the Commander and the
officers, that an attempt would be made the
prisoners and take the brig from these to whom she
had been entrusted by the Government.
The Court further find, that there was no place on
board the brig, which would have given greater as
surance OF protecting the prisoners from rescue than
the quarter deck, on which they confined.
That Commander Mackenzie, in The responsible stu
alton IN which be was placed, sought, rs II was his
duty 10 do the advice aud counsel oil his officers, and
that The unanimous advice and opinion Of those officers
after an examination Of of the crew, and careful
elaboration, that the safety of the brig Somers
depended upon the immediate execution of aiidshp.
man Spencer, Boatswains Mate Cromwell and Seaman
Small
That Commander Mackenzie in pursuance Of the
ADVICE OF his officers, and in obedience the dictates
OF his own judgement, did execute, by hanging, Mid
shpman Spencer, Boatswain's Mate Cromwell and
Seaman Small.
That such execution took place on the Ist Decem-
Der, 1872, in lat. IL deg, San 25s and long Al deg
2im. los, and tina, the brig the time of the eYecn.
ton was, by the log, distant from St. Thomas 525b
m''es, al which place she arrived the 9th December
1872
The Cont further find that the conduct of Com
mander Mackenzie had been kind TO his crew, atten-
live TO their wants and their comforts that he was
sud'ous to promote their knowledge of their protes.
SION, and that no punshmen,s were inflicted greater
than were rendered necessary by the disco,d1n, ma