The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-24
Trial or Com mander MO Kcnzie.
FoRTrTHIRp DAY-MARcB ~.

The first three charges under trial and which you
are to pass judgement have for their subject the
execution OF Midshipman Philip spencer Bostswain's
Mate Samuel Cromwell, and Seaman Elisha Small, on
board the United States brig somers the day of
December 1912. 1t will be found that these three charges
but variations Of one and the identical charge
which is, that such execution directed and carried
into effect without usable To the fourth charge,
alleging tina. taunting and unsihcerke language
used Mr. Spencer by the accused at the time OF the
cuon; and to the fifth charge alleging that the conduct
of the accused towards his was cruel and oppres
sve nothing required to be SAID The defence to these
charges respectfully yet confidently submitted on the
plain, full and conclusive evidence before the Court
without word Of comment In judging OF the necessity
of the execution is OF vital Importance to ascertain pre-.
limnarily whether mutnous conspiracy in fact existed
on board the somers and whether the
were parties to that conspiracy That SUCH conspiracy
existed that had for its object the conversion prg
into pratcal cruisers that such object was to be effected
by the murder Of the officers and faithful OF crew. and
that MIR. Spencer and Small were not only parties but
rngleaders in the conspracy-appears from their own
repeated and solemn declarations and from une9uivoca
documentary evidence. Mr. Wales estiies that on the
25th Of smbsr Mr. Spencer took him aside to place
OF secrecy and communicated to him the whole mutinous
scheme. He told him that he was leagued with about
twenty othe crew to get possession OF the brig murder
the commander and officers, and commence piracy Mr..
Spencer detailed to Mr. Wales the plan ofthe operations,
was systematic, and evnced much elaboration That
this communication rolic OF boyish fancy as has
been sometimes suggested, is clearly dsproved by Mr.
Wales and by the intrinsic circumstances OF the case
The of Mr. Spencer were earnest
grave; before he would make his communication, he
bound Mr. Wales by oath of secrecy and previous to
parting told HIM that he the secret ne should
pass over at least for the present. many other parts of
the evidence tending to show the existence OF the consP
racy AID the guilt Of Mr. Spencer and Small and proceed
at to the final just before the execution
There Mr. Spencer and Small with their dying lips vol
unfairly confessed their guilt in the presence OF the OIL
GERS and crew and acknowledged that their punishment
just, Mr. Spencer adding that he had attempted mu
tiny board the two national vessels in which he had
last sailed and that his practical propensity was quite
mania Surely no nnocent mass ever confessed himself
guilty Of felony other heinous crime, unless the con-
fesson was extotad from him by the rack other
instrument
own mouth, 1t is rule of evidence which the
Judge of all the earth has condescended to tell us
he will himself adopt in that great day when Judge
ment will net he based any lallble proof The
guilt OF Cromwell is not less manifest. The badness
ohis demeanor towards the apprentices ceasng to treat
them with harshness he had been won't and affecting
towards them popular manners as he found their adhe-
sion to the conspiracy needed his repeated and protane
declarations of deep hostility against the commander and
the discovery OF the plot when thrown OF his guard by
sudden passion that his time short his intimacy with
Mr. Spencer gifts from him in money and other
articles and spending with him hour after hour almost da
ly in deep and secret consultation intimacy made
suspicious by the difference in the rank of the parties
being asked by Mr. Spencer in private conversation
whether he could disguise the brig that she would not
be known and his that he could easily do it his ad
vsng Mr. Spencer another private conversation, to
have the booms the somers n.y. and her launch
thrown overheard with view to render her more fit for
quent declaration of Mr. Spencer to Mr. Wales that he
meant TO have those things done his being overheard to
to Small that they would be able to the Isle
coincidence with another statement by Mr. Spencer to
Mr. Wales that he intended carry the brig thher his
withdrawing his money Just before the disclosure OF the
conspiracy from the petty officer in whose hands he had
placed it for safe custody with possible motive but his
wish to out harms when the work of desruc
ton should ensue his absence Of mind for days before the
arrest OF Mr. Spencer seeming to be broodng over des
perate thought; his secret and repeated conversations
with Small just after Mr. Spencers arrest and before his
own, betraying by his looks and manner deep emotion
and revengeu feelng his wliu dsobedience Of stand
ing order Of the ship the morning preceding his
and which order been repeated to him by
the LIST lieutenant discovering the default again stub
fore his execution, that if any leagued with Mr.
Spencer was Cromwell; the cotemporaneous united
and solemn opinion of all the officers that he guilty
founded at least in part their occular view Of many
little Incidents and appearances which, though collective
ly carrying home to their minds just and
all their nice and sometimes faint though foceiu imports
are all circumstances in evidence before the Court and
which leave reasonable doubt OF Cromwelrs guilt
But further proof needed is found the controlling
fact that Cromwell the very person to whom Mr..
Spencer had been seen privately exhibiting and explain
ing the Greek paper some days before the revelation
of the plot to Mr. Wales From the close init
macy that subsised between Mr.. Spencer and
Cromwell il might indeed be inferred, even with
out external proof, that the latter could not have
been stranger to that paper Its secret designed to
be dvulged within certain limits; for single arm could
not have achieved the conquest OF national ship
ederacy nscessary and band of piraors could
have formed without disclosing them the OBJ
ject of the conspiracy If to Mr.. Wales, with whom he
was not on terms Of special intimacy, Mr.. Spencer di.
vulged the existence and contents OF the Greek paper
would have been strange had he withheld it from Crom
we'll the companion of his hours the sharer OF his
bosom thoughts But there need to resort to infer
Three witnesses have before the Court to
the exhibition of the paper by Mr. Spencer TO Cromwell
three different occasions; and that Cromwell hav
ing the paper explained to him. expressed his
and Subtraction These three witnesses could have
been mistaken as to the identity of the paper marked
It was by the peculiar form Of the Greek characters
hey say thar the letters we're not common English let
and one OF them states that they looked like
and that the paper had on Its back geometrcal figures
Inc testmony OF these three witnesses amounts to DEM
onstation that Cromwell was not only consprator but
ringeader IN the conspiracy HIS knowledge and APP
prova tne creek paper utterly preciudes the Possib
lty Oh ms innocence, ny knowing ana approving the
paper he effect subscribed MS name thereto he vtu
any aixed MS own proper signature 10 the reasonable
and murderous league We need not pause TO inquire
whether he saw or had read to him both pieces OF the
per Tor each part and every sentence oil each part be-
trsycd the existence OF conspiracy having for its object
murder and piracy That the Of Cromwell does
appear the Greek paper subtracs netting from the