Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1843-02-09
NAVAL COURT MARTIAL.


er Mackenzie was duly org anized on Thursday
last, ali the members being present
The Judge Advocate first read Tie let
Ter Of the Secretary4o The Presldent,1sn.
closing the precept ordering the Court to
convene. He then read the precept de-
failing the officers 10 comprise the Court.
and also letters excusing three Of The
officers 6rst detailed. and substituting 9th.
ersin theirsstead.
: He then asked Com mander Mackenzie
jif he wasready for trial, TO which be re-
piled in the affirmative. and 10 reply to
the usual question OF whether he had any
objections 70 any members Of the Court.
he replied None whatever" NE
The Judge Advocate then administered
the usual oath TO the various members, az
ter which the President administered the
oathao the Judge Advocate. "A
The charges were then read by the
Judge Advocate-thsy are FIVE in num-
ber:.
lst. Murder on board United States
vessel on the high seas.
To this there are three specifications,
charging Commander Mackenzie With
having, without form Of law, wiIfully,
deliberately, and with maliceafore!hought,
hanged Philip Spencer, Samuel Cromwell,
and Elisha Smsll, on the LIST Of December.
Charge Cd. Oppression.
The specifications 10 this charge are the
same as to The first, excepting that they
charge Commander Mackenzie with havt
ing. without good and sufficient cause, and
without form Of law, oPpressively killed,
by hanging. sc.
= Charge Sd. Illegal punishment.
These specifications charge him with
having exceeded the limits Of bis author
ity. by hanging SC.
s: Charge 4th, Oppression.
The specification alleges that Comman.
der Mackenzie did behave in an unoficer-
like and unieeling manner, by addressing
haunting and unofRcerlike language to
Phillip Spencer, just previous to bis exc
futlon.
Charge 5lh. Cruelty and oppression.
The specification alleges that Comman'
der Mackenzie did oppressively and cru.
ely use and maltreat The crew OF The
Somers, and inAict upon them cruel and
unnecessary punishment during her last
cruise. between the Both September apd
20th December. 1912.
To these, Commander Mackenzie said
that he admitted the execution Of Spencer
Small and Cromwell, but as il was JUST
fled and rendered necessary By the cir
enmstsnces attendipgii, he would plead
not guilty, to all the charges He also
respectively asked leave to be assisted by
council. which was granted. and John
D1er and George Griffin. Esqrs. took their
seats as council for hims EE
The Judge Advocate then stated 10 The
court that il reference loihe fourth charge,
he begged 10 slate THAI be would prepare
and present 10 the court to- morrow q pa
per showing Why be should not take ,es-
timouy on tina, charge until be bad pro-
cured The opinion Of The Attorney General
The judge .adrocaf< next read paper
and which he expressed his opinion Te.
speeding his position, He did not regsrS
himself Is occupying the position OF
pubic prosecutor before q civil tribunal.
lrzson the Fourth day, an application wa
received from BIF. Butles, and c. o'connor
f.o... staiirg hat they had been employed B.
he relatives Of Midshipnsn Spencer, 10 atten'
shs trial and take part therein. As counsel, j
peTra i..sa by The Court. That body after ma
our. deIIberalion. very properly decided not 4
Grant the application. Il would have lily &C
corded with the spirit ofenr institutions, 10 hst'
,i,Ided-A-and thus heal The personal griefs o
-. e....t.rv Sf War because Of his nosition