The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-10
Trial OF Commander Mckenzie.
EIGUTU DAy-Erp

the previous day was read. The Judge Advocate
| read the following paper -
| desire to be understood. The whole responsibility
oil the Conduct OF the ress with myself and Its mode
OF whether as respects law fact has origi
naed with myself without the suggestion of any one,
ana IN pursuance of my understanding of the evi.
dence before the Court Enquiry and my of
my dnsy which conception has been since enforced by
the express instruction OF the Secretary Of the Navy
elicit the whole truth, and do impartial Justice between
the accused and their country" owe this explanation
to the friends of Mr. Spencer whom it nsousy sought
to represent clandesnely making the agent of their
preudices 1t strue that at the trial table list of ques.
hons was shown me on day before yesterday which
yer looked at till after court and all of which had anti
cipaed by my own collection ofhe testimony, but one
which have not yet put. But wish publicly 10 state
that no intuition can furnish with facts and do this
case justice, openly invite the friends Of midshipman
Spencer OF boatswan's mate Cromwell and seaman Small
to furnish me with any information likely to make this
case thoroughly examined, and if think proper fair
and legal it shall be iearessy used if not effectively
Likewise in the same spirit desire any information from
the other side to show the existence and nature Of the
mutiny, and the proper conduct of Com Mckenzie and
| his officers.
| Capt. MCKENZIE stated that he also desired that
the Invitation should be extended to any other per-
| sons who possess information which NAV throw
| light on the subject
WALES was recalled and cross Examined by the
Judge Advocate-Flrst told of Mr.. Spencer's plan
| to take the females out of the shi he expected to
capture to the council of officers near as he could
recollect; he might have told MIR. Gansevoort of II
| previously.
| ~ on SAID, mat al the time OF CrOmwelPS ar
| rest you believed that Capt Mckenzie knew that
the mutlny was to break out alter The brig arrived at
st Thomas. Now what are your reasons for that
| belief or knowledge!
Al do not know that ever said So If did do
not know my reasons
q Immediately preceding the execution, when
all hands were called, what was the conduct of the
crew
Cd d the surly or disorderly conduct embrace
| the younger portion of the crew or the elder1
Alt included the larger and elder boys and two
thirds OF the other portion of the crew
q -When yo1 were examined before the coun-
CT! of officers, were either any OF the prisoners
present!
A.-No.
Q.-Was Commander Mckenzie present2
A.-No; he and The two acting mdshpmen were
| on deck the whole time, and was with them part
OF the time. do not know that any of the com
missioned officers left the ward room during the ex-
animation While the council was sitting noticed
der two or three times before they would obey
Q-How did MIR, Spencer pass his time while in
confinement Had he books?
A.-There were orders to let him have whatever
books he wished 10 read.
Q.-How did he pass histime, sirf
A.-Settng down by the arm chest
Q WAS or was not the difficulty which had oc-
| Cured between you and the Captain known gene
| rally on beard the Somers before the mutiny
| Ayes, it was.
| Captain MCKENZIE put question to witness re.
| spCiluS conversation WIN spencer and Small re-
| speeding their former employ in slavers
| The JUDGE ADVOCATE objected to such questions
| of general character
The Court was then cleared, and on our re- admit
lance the Judge Advocate stated that the question
wdsinadmssible
| Captain Mckenzie asked for permission to present
his reasons, which was granted He offered the fol-
| lowing:-
The accused offers to prove that both Cromwell and
Small by their admissions to several witnesses had
served in slavers That Cromwell had been captured in
SLAYER and confined in the Moro Castle and that these
facts were generally known on board the Somers and
further request this be allowed this offer may be
placed on the records of the court. (sgnsd)
ALEI SLIDELL Mckenzie.
WALES, re-examned by the accused.-Sufficient
time elapsed after the conversation between Spen-
Ger and witness on the booms, the night OF the
25th of November, for him 10 have inserted the
name Of witness his list. At the execution Spen.
Ger and Cromwell passed SO close as 10 touch, vet
the latter did not call on Spencer to state his inno
cence.
Q.-By the Court-Was the conduct of Mr.. Spen-
Ger waywurd and eccentric, or otherwise?
Al don't know. / noticed at times that he was
singular-dull or stupid.
Odd any sense of danger a cross your mind.
while so many officers were below in council!
A.-Yes, it did, and the Commander ordered them
up on deck.
Q.-By the Court.-The treatment of tn: crew
was good on board the Somers. The time occupied
by the council of officers about ten hours one
day and three or four the other day. 1t occupied
part of two days. The vessel was in the trade winds
at the time, with her studding sails SET and going
nearly before the wind. The Captain used to inform
the crew that statement of every punishment
would be sent to the Navy Department. He did
| this at almost every punishment
| Q.-Was, or was not any precaution taken against
| those persons on deck supposed to be dsaffected
| during the sitting of the council 7
| Ayes. We kept strict watch, a strict look
out them; and the officers and petty officers were
armed.
WILLIAM NEWELL called and swom-I was on
l. oo~It 49, Corn hay 4 uT,los
and Spencer on the booms the night before Mr.
| Spencer was arrested de- not know the hour, but
think it was in the first dog watch; think they
were there tor nearly tive hours; could not hear
| their conversation; while they were there, some
one Joined them from the berth deck, but cannot
| say If he conversed or not.
| BY the CoURT-I am 10 years old, was enrolled
ordinary seaman on board the Somers, and stationed
on the foretop; in the foretop three or four
times on the day Mr.. Spencer was arrested think
| ii was my watch on deck when observed Wales
and Spencer on the booms; can't tell whether my
watch expired al or O'Clock; took no notice of
the person lwho joined them, and cannot say il il
was man or boy; was about five feet from Spen.
Ger during the conversations; l saw Spencer and
Wales again for the next time on the following
morning; do not know that Spencer was in the
foretop the day of his arrest have seen him there
BY JUDGE ADvocATE-Iam not intimate with Mr..
Wales; ! cannot say if saw Green in the foretop
with Mr.. Spencer on the day OF his arrest, but
have seen hum and Green together there more than
once, and Green was prcking Spencer's arm with
Indian ink.
Q.-Had you any knowledge of the intended
mutlny before the arrest of Mr.. Spencer?
A.-No, sir.
HENRY SrRsMMELL sworn and examined--I am
first class boy, aged l5 board the Somers in
her last cruise, and stationed in the foretop.
Q.-Do YOU know ANYTHING OF private interview
between Wales and Spencer; if so, state all you
know about it.
A-On the night before Spencer's arrest, / saw
him and Wales on the booms near The fore hatch;
half hons. Il
not observe them up there until came off the bits;
a boy named Gazeley, who sat by me, said Spencer
wanted to see Small; Small came and turned his
head round, seemed astouished; could not hear
what they SAID
By the JuDeE ApvooATE--I saw Small with them
for len or fifteen minutes, but | cannot say how