The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-17

to the Chair and the Judge Advocate appointed Score
tary.
II was then, motion of Captain Borrow unan
mously-
Resolved That letter of coincidence be prepared and
forwarded to the lady ofthe late Commodore HULL.
The Court Martial was then called to order and the pro-
ceedikgs resumed.
Lieut.. GANsEyooRr again placed on the stand and
the following questions by the Court put to him:
When Cromwell took leave you and asked YOUR for
giveness did he ask you tell any homo that he
died Innocent
A.-Not at that time
Q-Did you reportto the Commander the insubordpate
conduct OF Cromwell at the tme7
AL do not think did.
Q.-In your experience Ia it usual for the best seaman
or boatswans mate to aloft the carrying away of
mastl
Al think not unless they are ordered
Q-Were any Of the men not stationed at the foretop
lantmast was carried awsy1
Al there were none but those OF whom had
my suspicious
Q-Were the irons of the somers sufficient to secure
prisoners1
A-They were such as usually on board man Of
war; but don't think the handc u we're sec enough
Q-Do you know whether not the men aloit were
waiting to receive anything from the deck7
A-They dill not ask for any thing but when sent
Anderson up he down and took tail block with
HIM.
Q-Did you see any of the other officers besides MIR.
Spencer have their arms marked with Indian ink7
Al do not rCcollect.
The President here remarked that as there had been
questions put, which, although legal he would not put
he wished the gentlemen append their names to their
questions.
By Captain GwIrr-Did you see in Commander N'Ken.
any of unmanly fear despotic temper or con
duct unbecoming an American naval offcerr"
A.-No, sir,
By Captain GwISN-Before the execution of the ring
leaders twas the Somers in state the honor
the American flag, in case Of going into action7"
By Captain sroRER-was Cromw I'll known to be a ma
tive of this country?
Al can't say-I think he told me he was native o
Virginia.
BY Captain PAIcE-When you speak of the force fol
taking OF the prisoners do you have in your the
warrant and commissioned officers aone7
A-The warrant and commission officers and some
ofthe petty officers were true.
BY the JUDoE ApvocArE-Was Cromwell punished for
OF the insubordnate conduct you have describedl
Ale was not, except by very severe reprool; my
reason was, that his services we're Indispensable
BY Captain sMIrH-Did Cromwell act as boatswain7
By JUICE ApvocArE-Ha re you not seen similar mis-
behavior as that noticed in Cromwell in other seamen
board OF other vessels without there being mutny7
A.--No SIR
BY Juper ADvocArE-H this conduct was SO marked
and continuous, why did not you report it7
Al stated the reasons before.
By JUDeE ADvocArEDid you regard it at the time as
Al regarded it as highly insubordinate; did not
know ola mutiny then, or would have regarded as
Ry Captain sMrH-Did Cromwell ask you to tell anv
one at home that he was innocen-if So when and by
whom1
A-shortly after the Commander told them thew were
to die he told to tell them that if they had any MESA
ges to send home that would take them asked Crom-
well and he said he supposed his clothes &c., would go
his wife. asked him, "Have you message to that
wife1" He said "Te my poor old ather iaher.in.
law don't remember which, 'that die nnocentto the
last " / think.
By juror ADvocArE-Did he bid you tell Lieut. Morris
that he died Innocent
Al believe he did say Just before his xecutionbu,
don't think it was addressed to met
By JupGE ADvocArE-Is not your opinion, that if an
ACTON had ipehueo uch an event would have allied
the to their duty supposing mutiny to have exist
ec1
A-No sir. think they would have ran of with Ler.
She was fast vessel land Cromwell often spoke of her
speed.
BY JUICE ADvocArE-Aner the occurrence of the mast
did you charge the men who alo with being idle
and dlstory, and if SO what was their answer1
Al think spoke to them whilst they were sloR and
the Commander said something to Inc, which prevented
me from speaking again.
PREsIpENr.-Ysu had better coninc your answers 10
the terms Of the questions.
BY JUpeE ApvooArE.-DMyou ever charge Cromwell
and Small with plotting aot after the occurrence of the
mast, aRd il 30, what was their reply
Al don't think did so charge them
Mr. soencer believe almost all the grown seaman s1
cept the petty officers, to be his accomplces
A-Not all, Sir had suspicious, however, after.
wards.
BY JupoE ApvocArE.-Were not the batte-axes within
two feet of where Mr.. Spencer sat ironed
Ale leaned his back against them sometimes.
By JUDGE ADvocATr.-At the time Mr.. Spencer told
you he would have a conversation with you when his
mind was in suitable state was he not in teara'
By JupcE ApvocArE--Did Mr.. Spencer read whilst in
confinement, did he sit idle, far employ was
concerned1
A.-sst idle think
By Carr. McKENzrEsste all you rrcoect of the con.
versaon the Commander and Mr. Spencer wh en-
the latter informed of his fate.
III don't recollect anything but Mr.. spencers reply
that ne the Commander) was too hasty
Commander McKENzIE here put question relative to
the aledged statement respecting the subordinate
which Cromwell intended to put Spencer on board the
by the Judge Advocate and deemed inadmsbe sasmuch
as the witness knew nothing Of it from his own know
ledge.
By Capt McKESzr--when Mr. Spencer was arrested
did he admit that he had had paper In his cravatl
By Capt. McKsNrIE-were you present when Spencer
and Cromwell passed each other in the gangway before
the execution did Cromwell appeal to Spencer TO attest
his innocencel
A.-No-nothng then passed between them
BY Capt. McKENzIE-At the time when Mr.. Spencer
appealed in behalf Of Small did he express any regret OH
A.--No, Sir.
BY Capt. McKESz,E--Were the young gentlemen on
board the Somers Of whose relationship the Comman
der the Judge Advocate questioned you treated with any
special indulgence1
A.-No, Sir
BY Capt McKESz'E-Do you believe that after the ar.
rest of Mr. Spencer the plot gathering strength
with or without the agency Of Mr. Spencer
BY Capt McKssur-was not the trsmpins efM. men
coming aft, when ordered by Mdshipman Thompso in
a high gree disordcriy and disrespecffM'
AYES, beliere IL Was.
BY Captain McKsNzIE-Is such a mode Of appreac hing
the quarter deck usual allowable on board man OF
war;
Alt is not.
Commander McKrszr put an immense number Of
questions TO this witness many oil them inadmissbIe
and most Of those which put were precisely similar
those put before the Court Of Enquiry that IL is
necessary to repeat them now. The following one we
give il asked on the previous day, bat emitted in
report.
Did the cheers given by the after the execution al
your conviction that two thirds of the had
been disaffected1
A-No, Sir.
specimen Of many Of these questions the following
may be presented -
You have stated that the morning Of the asth
sail the larbosrd bowsuppose that she had
A. T.