Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1843-02-18
From the New York Herald.
Decision Of the Court Of Enquiry Comm n :

OGDEN HERMAN, Judge Advocate.
The Court after due deiberasion, resolve TO re- +
port the facts and circumstances OF the case sub
mitied 10 Them and TO deliver their opinion upon T
the facts as follows
10 execution of the order Of the Hon Secre,a- |
ry Of the Navy, the Court, with the exception Of
ten of the crew, who are IN confinement, examin-
ed every officer, seaman. and apprentice, belong
ing to the United States Brig Somers, IN her late
cruise, and unanimously report the following facts
as proved TO the satisfaction of the Court by the
testimony, the RECORD of which they have the
honor herewith to submit.
That on the 9th November. 1912, in lat. l3 "a
Is, and longitude Al 81 As, Commander Mcken-
zle discovered that mutny had been organized
on board the brig Somers.
The Court further finds that such mutinv did
exist, and tina, M,dshipman Philip Spencer, Boa,
swans Mate Samuel Cromwell, and Seaman Eli.
sha Small were ringlea in II, and that others
Of the crew had a knowledge of lis existence and
participated IN its guilt.
That on the 9th November Midshpman Spen-
Ger arrested and confined in irons. that on the
subsequent day Boatswaln's Mate Cromwell and
Seaman Small were also confined it the in
tention OF Commander Mckenzie to bring them
to the United States to be tried by the laws Of
their country, and that to effect this object, Com
mander Mckenzie adopted every measure that
brave. prudent, and skllful officer could adopt -
Iha, during the confinement, Of the prisoners, sui
leness, discomfort, inattenion TO duty, disobedI>
eDce TO orders, often as seamen know, and naval
records prove, the sole precursors to open acts OF
violence and blood, were manifested by the crew,
and justly excited the belief in the Commander
and the officers that attempt would be made TO
rescue the prisoners and take the brig from those
TO whom she had been entrusted by the Govern
ment.
/ The Court further find, that there was no place
on board the Brig which would have given great
er assurance of protecting the prisoners from a
rescue, Than the quarter deck on which they were
confined.
That Commander Mckenzie in the responsible
situation in which he was placed, sought as 1t was
his duty to do, the advice and counsel of his off
GERS. and that the unanimous advice and opinion
Of those officers, after examination Of some of
the crew and careful deiiberatioO, was that the
safety Of the brig Somers depended upon the inn
mediate execution Of Midshipman Spencer, Boat
SWANS Mate Cromwell and Seaman Small.
That Commander Mckenzie, in pursuance OF
the advice Of his officers, and in obedience to the
dictates Of his own judgment, did execute. by han
ging Midshipman Spencer, 3 atswain's Mate
Cromwell, and Seaman Small.
That such execution took place on the lst. DE
cember. 1912 in latitude II deg. 31m. 2Ss.. and
longitude IL deg. 24m 45s. and that the brig a,
the time Of the execution, was, by the log. dis
tant from ST. Thomas. 525. miles, at which place
she arrived on the 9th December, 1912.
The Cour, further fiud tba, the conduct of Com
mander Mckenzie had been kind to his crew, at
, he was studIous to promote their knowledge o
their profession, and that no punshments were
inflicted greater than were rendered necessary
by the dscordant nature OF the crew, and the pro
per discipline of man of
The Court further find that the conduct of Com
mander Mckenzie, Lieutenant Gansevoort and the
officers of the brig, during the trying scenes
. through which they passed, collected calm, ane
: brave. and justified the confidence reposed BY
their country.
OPT on.
, The Court are therefore, Of opinion,
That mutiny had been organized on boart
the United States brig Somers, to murder the off
GERS and take possession OF the brig.
Tha, Midshpman Philip Spencer, Boatswain'
Mate Samuel Cromwell, and Seaman Elish
Small, were concerned in, and guilty Of such mu
tiny.
That had not the execution taken place, a
tempt would have taken place to release the pri:
oners, murder the officers, and take command {
, the brig.
That such attempt, had it been made in tn
night, or during a squall, would in the judgmen
OF the Court, from the number and character
the crew. the small size Of the brig, and the dali
decreasing physical strength OF the officers, OF
castoned by almost constant watching and br'
ken slumbers, have been successful.
That Comma nder Mckenzie under these eli
cums,ances, was not bound to risk the safety
~ his vessel, and leopard the lives of the yonng of
= GERS and the loyal Of his crew, in order to
80 80 to the guilty the form of trial, and that the in
a. mediate execution Of The prisoners was demand
ed by duty and justified by necessity.
Z, Tho Court further of opinion that ihroue
- gu, all these painful occurrences, we'll Gale,
= lated TO disturb the judgment, and try the enc
: gy Of the bravest and most experienced Office
&c the conduct of Commander Mckenzie and h
officers, was prudent, calm, and firm, and that
-, and they honorably performed their duty to II
service and their country
~, 20 (Signed) CHARLES STEWART,
~ President Of the Court.
:, (Signed) OGDEN HOFFMAN,
:" Judge Advocate.
kick from a man in magnetic sleep!-Tt
re Bunker Hill Aurora states that. last Monday ev