Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1843-03-29
COMMANDER MACKENZIE;S
nETSlHNrE

The defence of Commander Macken-
zle, read before tho Court Martial by
hr Griffin, his council, is too long for
our crowded columns; and yet we feel.
and we Think our readers feel, too mitch
interest IN the result Of the trial, II al.
low the document TO pass without no
ticc. We therefore make hasty alb
stract thereof, aware that it is itself an
abstract OF the testimony, AMI, as "A
whole, ought 10 be read
The defence commences by stating
that the trial was on several charges.
The first three were for the execution
OF Mldshipman Spencer, Boatswain's
mate Samuel Cromwell, and Seaman
Elisha Small.
These charges are all sustained by
the same testimony, and will be answer
ed as one. The minor charges Of taunt-
ing language 10 the prisoners, cruelty 10
the crew &c, are left with the Court.
Was there conspiracy? We're the
executed persons parties thereto?
1t is contended that a conspiracy, and
the Intention Of numbering the officers
and the faithful part of the crew, are
proved by the testimony OF Mr. Wales.
and the cerroborative records in Greek
characters, found with Spencer. The
Greek record was not new when found.
1t had been seen by many Of the crew
previously, and was then soiled.
That Cromwell was involved i'm the
conspiracy, though his name is not on
The Greek list, is proved from his gen
cral bad character, his sudden assumo-
ton Of mildnesS towards the apprenti
ces; his frequent manifestations Of deep
rooted hostility TO The officers; his sud
den and unguarded declaration 10 the
carpenters mate, that his time was
short; his profession Of ability to dis
Sulss the ship; his frequent secret con
yersalions with Small and his disobedi
ence 10 standing order on the morning
before the arrest; Small's declaration
the day before the eXecu ion, that If any
one was leagued with Spencer, It was
CromwcIl-his Intimacy with Spencer
-lhe testimony of three witnesses, thai
he three several times saw the paper.
and three several times assented 10 lis
consents-he knew Of lis contents, and
approved of he an, and though Crom-
vel name is not upon it, the name
next to SPencer's is Andrews, and no
such name was on the ships record
and If he had been, as is av owed, ri
rate and SLAYER, il was not new 10 him
to have two nan cs.
1t is true that Spencer declared that
Cromwell was limo cent, but that was
done early. Nearer the execution. ne
did not assert it, when death seemed
certain, and at hand. Spencer was then
making his peace with the crew, md
with God-and when he was abou, TO
die, he pathetically implored pardon
from Small, whom he hal seduced, and
OF Wales, with whom he had tampcred
but he never asked for Cromwell nor
evlnced any conjunction. as if he had
been tie cause OF his (C's) death.
The mutiny and the conspiracy OF
Spencer, Cromwell and Small, appear
then to be established
The law Of 8O0,punishes the attempt
at sea to create mutiny by death, if
convicted before a Court Martial.
Ii IS not pretended that, because these
men may have forfeited their lives TO
the law, therefore, Commander NJ.
might direct them to be executed. But
1t was believed that, from the character
OF the crew, ard other circumstances .tEe
ship cou'd not have been brought into
port without jeopardy to the lives Of the
officers, and the faithful crew.
There was no marine corps to punrd
the prisoners, and not a single room
where the prisoners could be secured.
and separated from iuiercou rse wi n the
crow. The hold was filled with baIIasr.
tanks, ammunition aud storcs-and any
OF the partitions Of the room could have
been showed down by the shoulders of n
man, and conversation could have been
easily carried on through them. The
deck was the only place, and there il
was found that the prisoners had the
m ans Of secret and silent comnupica.
ton with the crew.
When Mr.. Wales informed the Com.
mander OF The conspiracy, il had affair.
cd a formidable height, and the iurpr.
nation served to explain a remarkable
state OF Characterization previously no.
ticed in the crew. With a view Of cbeck.
ing the evil, Mr Spencer was arrested
and put irons, on The 26lh Of Noye,n.