The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1843-04-19
COMMANDER MACKENZIE HON.
ORALLY ACQUITTED.

Charge l.-Murdcr on the high seas on
board of a U. States neutrality-suspicious.
lst alleged that Commander Mackenzie,
then commanding the U. S. brig Somers,
did, on the LIST December, 1912, on tine
high seas in latitude II degrees "a minutes.
% seconds, and longitude 81 degrees 81
minutes As seconds, without form of law
Yilfully. deliberately and with malice afore-
thought, hung and caused to be hanged by
the neck at the yard arm of said brig until
he was dead, Philip Spencer. midshipman
then serving on board, thereby violating the
2lst article of the LIST section of the act of
Congress entitled San act for the better
government of the Navy of the U. States"
approved April %, 1900.
Specification ID, Alleges same thing in
regard to Samuel Cromwell, boatswain's
mate, &c.
Specification Sd, in relation to Elisha
Small, seaman.
Charge I'd. Oppression under three spe-
cifcations, the same as the others, except
that they allege he did without form of law
and without good and sufficient cause op-
pressively kill by hanging. &c. &c.
Charge Sd, Illegal punishment-three spe-
cifications as above, except that they charge
that he did, of his own authority, and con-
trary to the act of Congress in such cases
made and provided, kill. &c. &c.
Charge 4th-Conduct un6ecoming an Of
fcer. Specifcation-In that he used taun-
ting and insulting language TO Spencer at
the moment of his execution.
Charge 5th--CrueAy and Oppression
Specification-ln that he hahitually infiic-
ted cruel and unnecessary punishment up
on his crew.
Finding Of The Court in the case Of COmman-
der Aler. S. Mackenzie.
On the first charge and its specifications
the Court finds.
That the LIST specification is not proved.
That the I'd specification is not proved.
That the Sd specification is not proved.
That the first charge is not proved.
On the second charge and its specif-
cations:
That the lst specification is not proved.
That the I'd specification is not proved.
That the Sd specification is not proved.
That the second charge is not proved.
On the third charge and lis specifca-
tons
That the LIST specification is not proved.
That the I'd specification is not proved.
That the Sd specification is not proved.
That the third charge is not proved.
That the fourth charge being waived by
The Judge Advocate, and no testimony or
evidence being offered to sustain it, the
Court took no action upon it.
The specification Of the 9Th charge being
deemed by the Judge Advocate too vague,
was waived by him. No one having com
planned TO the Department of specific i'll.
treatment, it could not be made more spe-
cific, as the Department had no particular
The Court therefore took no
action.
AS far as evidence was offered under the
9th charge, the Court do find no proof of
of the crew of the Somers
generally by Commander Mackenzie, nor
Of individual maltreatment and therefore
t not proved.
The Court do therefore noNoRABLY AC>
aUIr Commander ALEXANDER S. MACKEN-
zIE of all the charges and specifications pre-
erred against him by the Secretary of the
Navy.
0rThis finding has been approved by |
he President.