The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-07
Court of Enquiry ON Board the North



EiaHrH DAY-FRlpAy, JAn6
Midshipman THoMrsoN recasd-Says he il u years of
age entered the service in 1887 was officer Of the deck
but did not hear Commodore Mckenzie say Spencer
40 minutes" but what said before don't know.
There were many indications Of muny by look demean'
or &c. which cannot be described by words The somers
on arriving at Madeira we'll ordered manawar as
could be expected from the nature Of her crew she
had on board who were inexperienced boys Previously
that time the discipline and attention to education by
the Commander Mckenzie good and compares favor
ably with that of other vessels board of which have
sailed think that after the execution of Spencer, the
Somers could have sustained action with an enemy
with far greater honor to the American hag than could
have done before, as am uncertain what dependence
execution of those persons did not then believe do
believe that the Somers could have been brought
safely into pU, issw no ossr among tine M
American officer In relation to the ten minutes spoken
Of actually about hour after that before they
were executed know place or apartment on board
the Somers where three prisoners could have be kept
safe from rescue by the crew.
MIDsHIrHAr HAYES, sworn.-I midshipman on
board the somers on her last cruise am 20 old
appointed the l2h March, 1885, On the evening
of the 26th of November first heard of the mutnythe
same evening Of Spencer arrest In reply to some re-
mark mine previous Spencer arrest he said to that
should have occasion to remember the of Spencer
or the Isle Of Pines Previous to his arrest have heard
Spencer make Of very disrespecu language towards
the have heard him say 1.-The .S mn
mates, only when he took his meals he very
and quarrelsome know little of his behavior with the
familiar with some than with others-with Crom.
well, Green, and McKie. After Spencera arrest
manner Of Cromwell particularly on the evening
Spencer was con6Ld he assumed the most utter indf
a. to what was going on on the quarter deck
while the rest of the anxious to know what
was going on Cromwell was on the forecaso until or
dered him below to remove the iron chest As to the car
ryng away OF the mast spoken Of think 1t was carried
away by design did not think 90 at first but have
thought 50 since was carried away by hauling in the
,ssd f main order. 70 let 60 i'm
thirty seconds afterwards; it appeared to have been
hauled in very violenty often knots of three
gangway; Wilson watching me very closely to
what DID with my pistols this was after the arrest Of
saw Cromwell Small and Wilson aloft on the msintop
sail yard out of their places the salmaker certainly had
no business there's between New York and Madeira the
crewwere subordnae after arriving Madeira there was
great falling off it grew infinitely up to the time
of Spencer's arrest saw particularly in Cromwell,
Wilson, Green, and Golderman. They were nattentivc
to duty, and ncnedt be dsrespectfu From that time
to the time Of the execution there especial differ
ence in their behaviour After the execution the
duct grew better they performed their duty as cheer
fully as ! have ever seen men do it any where
was one Of the council of officers who examined
the on board the somers; advised the execu-
ton Of these men; judged this great step neces-
sary for these from the testimony received
that examination we were led to believe that the greater
part of the crew disafected, and would attempt
rescue also the fact Of the carrying away of that mast
and their general demeanor previous to the execution
Spencer ask Small to forgive him Small replied, No.
to this e sns
ter forgive him. Small replied, " do forgive you"and
gave him his hand heard Spencer request to give the
order to fire the gun; Spencer however declined,
unableto do Small requested permission to address the
crew, which was given. He then said, "shipmates
take warning by my fate; am not pirates have not
killed any one; thss because said would do So" He
then asked Spencer if he was ready that is the
q
Mr. Spencer drew brig with piratical flag five
six days before the and showed it to
in the steerage merely gave glance it had black
self at the time, and showed il to h.' - ne drew one
mark, but do not recoec what twas the somers was
several times mistaken for SLAYER and chased by
posed British cruisers preparations made to repel
night attack Of boats from OF these cruisers which
chased us Then Commander Mckenzie put several
questions to witness very much like those already put to
other witnesses and the also very similar
then believed and now believe, that the execution had
safely into port knew of no place board the Somers
where three prisoners could have been confined beyond
the reach of by the the quarter deck was the
only place they could have been kept mean the
quarter deck was the most place. but that even that
would not have been the treatment the crew of
have served year first heard of mutny on the
Cape Messurado the Coast OF Africa he told that
he should like to have command of brig like this he
heard him say any thing pirates sie Pines;
he showed me brig which he had painted II was not
PictuIe VI me oomeIs was an nermaPnrooie ong
hS hd h oPan0es sDuss M ne ss;a ne
the servce up our arvsi az Madeirs the discipline
was 500 rom Una, umeo the airest eLi on growing
Mose usny uvni tns ume 70 the execution u was s's
uonary ailer the execution improved great oeai
9o not nesr spencer nor oman say any ning was or
oeea py tae commander ON oeck 70 take OF the
PlyoMes Cmwen toIo me 10 teu tne omcers 10 over
ILL.,, TINS a,o not snswe OF nim ne sao morning more
l. aAs wnuso give mucn testimony precisely IKE
.I rsPofsso lIom otnesJ wss moi present a.
ING ccuncu o. omcers on the examinauon; dld not
we ~ tne ietse. 70 Commender mchenzle awning the
pocsuse va, not a.keo 70 90 80; did nor tnen
peA'eve, nor 90 now oeneve, from wnst saw on poard
Her the srre,t ana De'ore the tnat
wnnout me execution tne Somers could nave been
prougnt saeiy into Port.
Msdsnipman JoHr n. TmLorsor, quite boy ID am
ye oio nave oeen IN the service aoout iour mohtns
nSSid opencer Say ne nsa an hpn a. OILY