Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-04-21
MAKENZiE ACQUITTED.

The following is copy of the specihca-
lions agaIns, Commander Mackenzie, togeth-
er with the finding or acqui,tal of the Court.
The trial has been very thorough, and has
created grcalexcilrmcnl throughout the roun-
try. We presumc however that the dcci-
siun of the court will be cordially approved
Ivy niniy -nine hundrcdhs Of the Intelligent
men IN this community.
Charge -lHirder on the hirh seas on board Of a
H. States rsssel-Speclti.aiio LIST alleged III It om
n,,nier Mackenzie, then commanding the u S. brig
Somcrs did, on the LIST December, 1872 on the high
in ln'iiudc Ii "a minutes 2S seconds and
longitude 81 degrees 81 ni'nuts As seconds, With
ont form OF law wilfully deliberately and with
mi cr nfnreihonsht hung and caused 10 he hanged
by the neck At the yard Of said brig until he WIS
dead Pnip Spencer, mld-hinnnn then serving on
beard thereby vIo ang the 2l-i iire of the Is, sec.
ton If the act of COnI ress entitled San act for the
better government Of the Navy Of the United States
approved April %. co.
Specification I'd. Alleges same thing in regard to
Sam" lCromwel h"atswan's mate, DC.
Specification Sd, in relation 10 lisia Small, sea-
man.
Charge I'd, Oppression, under three specifications,
the the other except that they ale..e he did
without firm Of law and without good and sufficient
cause progressively kill b" hanging &c. &c
Chrrge3l. Hegatpunishmen.-,hr specifications
above, except that they charge that he did, of his
own authority and contrary q the Act Of Congress
in such rases mrde and provided, kill, &c. &c.
| Ch,rg" 4th.-Conduct unbecoming an Officer -
! Spetircntpnln that he used tanning and insulting
language Spencer at the last Inonen, Of his execu
! ton.
/ Charge 5'hCruely and Oppression -Specihca
tom In that he habl,ualy nilcte cruel and unnec
essarv punishment upon his crew.
Finding ofths Court in the case Of Com nonder Al
er s. .h'ck.nsie
o, the first charge and its specifications the Cour
finds,
That the LIST specification s not proved.
That the "a specification is no, proved.
| That the 3 specificaTioni is not proved
That the Fl, 5, charge is not proved.
On the second charge and lrs specifications:
That the LIST spe ifcati0n IS not proved.
That the 2l specifications not proved.
That the 3 ! specification is not proved.
That the se,Ond charge Is moi proved.
On the third ch,rge and It's spec hcatlons:
Tina, the lat specification is not proved.
That the ri specification is not proved.
That the 81 specification is not proved.
That the third charge IS not proved
That the fourth charge being waived ny the judy
Advocate aud no testimony or evidence being offere
TO sustain it, the Court took no action upon Il.
] The specification Of the 9Th charge being deemed
the Judge Advocate TOO vague, was waived by hin
, M one having complained TO the Department Of sp
cc i'll treatment it could not be made more speci6
as the Department had no particular information
The Court therefore took no action.
As Jar AZ evidence offered under the 9th chare
: the Court do find no proof Of mis'FeaIment Of u
: crew of the Somers generally by Commander Mac
enzie nor Of individual malireatmeni, and ihesfi'
4 find II not pr0ve'.
The Court do therefore HoNoRAsLy AcauIr Con
l. mander ALExANpER s. MACKENZIE ofall the chang
If and specifications preferred against hun by the Seer
tary ofthe Navy.