The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-12
Court of Enquiry on board the North
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TWELFTH DAy-JAN. H.
The cabin was much more crowded this morning than
on any day since the OF the proceedings
Of the Court The improved ofthe weather. and the
Termination ofthe Broadway Cottage case probably
the CHIEF causes of the crowd.
GEO. w. WARNER recalled.-[His deposition before the
council of officers read In it he expressed his OPT
mon that Cromwell was desperate character, and was
IN the piot that Small also was, and others whom he
he wished to be the north coast he liked that
country best; heard Cromwell say he in SLAYER,
as stated before the Council that Mr. Spencer intended to
take the was from what he heard said among the
crew HAD heard Dickson say that MIR. Spencer and
CTomwe were often in close conversation Of sight Of
the crew. and also from what the captain said when he
logged @ahsm the captain then read part Of the plot
the crew about the taking Of the vessel
Q-Beore the Council of officers YOU said that the rea-
of saying to Green that Cromwell a id rascal
and ought to be hung because you thought him gull
ty. Yesterday you said was mere idle remark-which
Of those statements is the truth
Al did not say before the Council that thought him
guilty; Mr. Hesk put that down afterwards was not
my answer did think him the most desperate character
in the ship and deserved to be hungof If he was
guilty he deserved to be hung; but did not then know
they intended to hang him; Thought he was guilty. had
no other reasons for thinking SO except his private con-
concerned in the plot.
By Capt. McKENzrE-I had conversation with Sergt.
Gary about the officers being armed; he asked me if
thought was danger OF rescue said thought
there persons on board who might like do it. but
would not be daring enough to attempt it, did not 60
alo when the topgallant mast was carried away Crom'
WELL Wilson, Small Goldman, and others were up there;
does not remember that Spencer asked him If he would
like to sail with him coxwain; was the Commanders
coxwan till the arrival at ST. Thomas; had charge of
the gig and trusted and confded in by the Comman
der; Ihave never been logged on board the somers
JUDGE ADvooArE-I cannot see the relevancy of the
question about the allowance of water.
Capt. McKENzIE-I merely wished to shew it.
In reply to the general question witness saidI do not
believe that the SOmers could have been taken st. Tho
mass the day of the execution the officers and petty off,
GERS being all armed, then satisfied that we could
have proceeded to any port in safety
CHARLES VAN vELsER another of the prisoners, was
the next wnessls eighteen years of age has been in
the service nearly five years captain Of the foretop
during the late cruise Of the soners MIR. Spencer had
never conversed with witness had often seen him
verse with Cromwell almost always when on deck ;
they in the watch they usually talked the
alone when talking they talked in low tone never
heard them except once in the forecastle heard Mr.
Spencer say to Cromwell he would like to have vessel
to the North West Coast he thought he could raise
money enough to get one. Cromwell said that he
knew that Coast very we'll That is all that wit
ness heard Mr.. Spencer did not intimate how he was
to raise the money; Spencer familiar with Cromwell
and of the small boys-Scott, Strammels Blackwell
Gazey he was not SO familiar with the boys as with
about sailing with him anything of the kind neither
had Spencer discipline was very good till we came to
in after leaving Madeira witness the starboard
watch saw some change after the arrest often the
boys collected round the vessel three together
wondering What Mr. Spencer in irons for
any refuse or be backward in executing order
af er they found out what Mr. Spencer in irons for
witness did not knots of the boys men, only he
the officers and the petty officers in knots sometimes with
the witness did know about any plot but if so
he thought that Cromwell concerned with Spencer
in it. Was examined before the Council Of officers
deposition of this witness before the Council was
read II was similar precisely to that before the Court
BY CAPTAIN MoKEszrE-Belonged to the Commanders
gig believed that the vessel could have been safely
broughtto port without executing those men,
JUDGE ADVOCATED now propose TO go through this
roll and call all the boys f any Of them
knew anything of the matter they do not they be
Mr. stated that the boys had just gone their din
ner. except one or two They were then ordered in.
age was Cromweps watch never had anything to say
to Spencer neither had Cromwell Small word to
say to me; Spencer was taking to Cromwell every
ing and almost all day. they by themselves talking
in low voice. they would talk for a couple of hours at
time; verheaId any Of their conversations except
the Jacobs ladder one evening; Cromwell asked
Small he the Isle of Pines Small said mo
Cromwell raId he had been there once and il very
nice places he was there in man Of wars Cromwell said
there were a good many men Of warsmen and pirates
there, and he said "never mind we'll the time
when we'll see again. Small made reply; after spen
confined Cromwell hadn't much to say to the
boys; knew nothing about the muny before the arrest
Of Spencer.
BY Capt. McKENzIE-Noticed Green and Mckinley
talking together after the arrest of Mr. Spencer knew
nothing at all about any attempt at rescue had opinion
at all about it..
JAMES DUNN, negro was here called but objections
being offered to the reception of his evidence the Court
cleared and after brief discussion it decided
that his testimony was admissible He accordingly
and examined-Wa on board the Somsrs free
man. Captains stewards neither Mr. Spencer Crom.
well or Small had any ersation with witness;
them in ersaton heard of any plot to
take the vesse heard Spencer ask some OF the 10
take glass Of liquor; had no knowledge OF the mutny
before the arrest associated much among the
and have not heard thing from any of them that would
throw any light on the enquiry.
By Capt. MCkENzIE.-Was threatened by Wilson once
when witness drove him away from the galley Wilson
afterwards threw bag against witness and said he had
ha9s .ad he would hm to the
captains Wilson replied he didn't care dn to whom
he reported him"
Captain MCKENZIE proposed to put the following ques
tion" Did you understand that Wilson threatened you
as fine would be revenged on you aierwardsw
got the facts you connot ask what inference the witness
drew
Jusrus MuNpEr was called but not being able very
distinctly whether he understood the nature of an
OATH he allowed to stand aside for the present.
ANTHONY CausrEN sworn and examined.-Isa free ne
gro, born in Brooklyn; ships cook board the
mers saw Mr. Spencer frequently conversing with Crom
well in the day time and morning watch; witness
below all night did he did not keep wach did not pay any
attention to what they said heard thing they
said; MIR. Spencer was most familiar with Cromwell and
anything about the muny the Isle of Pines any
thing of the sort before the arrest.
HENRY GARRABRASTz, another negro, examined
Was wardroom cook on board the Somers have heard
Spencer and Cromwell speak about the brig that she
was the model of a fine sailer
MANUEL Howard, another negro, and ward.room stew.
ard on board the Somers next examined.-One day
Spencer down to the seerage and said the captain
had been reprmanding him. but he would not do much
longer Spencer also said he would have ship
his own day witness rubbing Mr.. Spencer's head
and he asked witness he wouldn't like with him and
illness said he would He did not say how he would
have vessel where she to from Mr. Spencer
said that witness had moth to do but his head and
brush his clothes MIR. Rogers asked day If I
would 60 with him his farm when he got home and
be an for him, and said l would; that MIR.
Spencer heard that and said dn you you won't 60 with
me, il you're going with Rogers" One day saw Mr..
Spencer write out alphabet and say 1t was Greek; he
asked Mr. Rogers he understood Greek he said yes and
Mr. Spencer then said then you can't it any else
may. MCKEE said to witness he id sorry Mr..
Spencer in confinement. said you had better shut
up you'll be roned too" would have been hard to
tell whether there a chance Of rescue.
By Com. DALLAS. think that the vessel was not safe
when the in irons; Waltham bring liquor
and give to Spencer who called Small and gave to
him.
Ry Com. DALLAs-Would know the paper he Mr..
Spencer writing ..
By JupoE ADvocArE-He wrote with pen and ink; ii
was common white paper.
WILLIAM II. SELsER was next sworn and examined
Shipped board the Somers andsman; knew nothing
whatever of the mutny anything connected with 1t,