Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1843-04-14
COMMANDER MACKENZIE AMI
THE SDMERS-

u. =. 60Letle) the charges anu SLeCln
cations brought against Cominan er
Mackenzie, on account Of the execution
of tne muIineers on board the u. ) BRIG
Somers, and we add the finding Of IN,
Court Martial in all. IL will be ubse rived
that the result is an entire acuuit n, Oh
every specification. The Gazette adds
that the President Of the United States
has approved Of the action ofthe Court:
We have not, for u nt,entertain
ed a doubt Of the result, nutw Outstanding
the eXertionS made 10 disturb the pro
ceedlDgs, and 10 poison the public mind
in this affair, aud therefore we have Oh.
ly pleasure, not surprise. TO express at
the decision OF the Court:
CHARGE /.
Murder on the high seas on board a Uni
ted States ueSsel.
Specifications lSt alledged, hat Com
modore Mackenzie, then commanding
U. S. brig Somers, did, on the LIST nr DE.
cember, 1912, on the high seas, in lati
tude II deg, "a min, 2S Sec, and longi.
tude 81 deg, 81 III II 45 sec, withol,
form Of law, wil!ully, deliberately, and
with ma'ic? aforethoughthan and cIus.
ed to be hanged. by the neck,a t the ward
arm OF said brig, until he was dead, Phi
lip Spencer, a Midshipman, then serving
on board, thereby violating the slst ART.
Of the lst sec. Of the act OF Cungress,en
titled an act for the better government
OF the Navy Of the United States, An
proved April 2sd 1900.
Specification I'd alleges-same thing
IN regard 10 Samuel Cromwell, Boat.
SWANS mate, and
Specification Sd, in regard to Elisha
Small, anna
CHARGE II.
Oppression.
Under three specifications, the same
as The others, except that they alege he
did without form Of law, and without
good and Su lhcient cause oppressively
kill by hanging, &c. &c.
CHARGE III.
Illegal punishment.
Three specifications Us above, exec pt
that they charge that he did, Of his own
author,t ~ land contrary to the act Of ION
ereSs IN such cases made and provided,
kill, &c. &c.
CHARGE ".
Conduct unbecoming an Officer.
SPecIhcatlon-ln that he used haunting,
and insulting language to Spencer, al
The oil his execution.
CHA GE V.
CrueLy and Oppression.
Specihcation-ln that he habitually
inflicted cruel and unnecessary punish
ment upon his crew.
Finding OF the Court in tho case OF
| Commander Alexander Slidel Macken.
I zie.
On the first charge and its specifca-
tionS, the Court finds
That the LIST specification is not pro
ven;
That the 2d specification is not proven
J hat the 3 specification is not proven.
That the Isl charge is not proven.
On the I'd charge, and it's specifications.
that the LIST specification is not pro-
ven.
III t the 81 specification is no. pro-
ven.
That the Sd specification is not proven.
That the I'd charge is not proven
Or the Sd charge and its specifications.
That the lsl specification is not pro
ven.
That the Cd specification is not pro.
ven.
That the Sd specification is not proven
That the Sd charge Is not proven
That the 18th charge being waived by
Judge Advocate and no testimony or evil
dence being offered to sustain il, the
Court took no action upon it.
The specification ofthe 9th charge be
ing deemed by the Judge Advocate, too
vague, was waived by him. No one
having complained to the department OF
sPeCIic Ill treatment,it could not be made
more specific. as the Department had no
particular information. The Court there
fore took no action.
As far as evidence was offe red under
the 9th charge, the Court do find no
proof OF the mistTeatment Of the crew Of
the Somers, generally, by Commander
Mackenzie, nor Of individual maltrsat-
ment, aud therefore find it not proved.
The Court do therefore court Com
mander Alexander Slidel Mackenzie, Of
the charges and specifications preferred
against him by the Secretary of the Ma
Wy.
FINANCIAL CONDITION OF ONO
The commissioner Of the Ohio Canal
Fund have published n circular address.
sed 10 he holders Of the State bonds. in
answer to the various inquiries that have
been addressed TO them respecting the
financial conditions OF Ohio.
The whole public debt Of the State
loreigu and domestic, amounts TO SI7.
l36,59I O5. or the domestic debt, n
r,.frvrs.- A. ~ - ~.