New-York daily tribune., 1843-01-06
THE TRIBUNE.
THE soMERs MUTINY.
Naval Ceurt of Euauiry.
2 sennrt.d fnrThe Tribane.


The Cee,rt me. uurasaat 10 adjonrnment-ail
1he members present.
The Judge Advocate having read the journal OF
yesterdays proceedings,
Commander Mackenzie then submitted the fol-
lowing request % the Court:
Mn a yiease ne Coars: AS all tie nsnnies record
.ase e. provoa,2 by injustice tCwsris t5e cfc~s" ~
a.rss yransy incspacy tie sr OF he conLaaaan1
O.bce eo0cerDs i1e 10 SHOW lhsI no ssch causes
he ,aatiiies 10 the Eslls set arrng the wars Of The
Ffeneh Revolution grew out OF 10 n,oysiys %. 20 es,
ssassa ga's.sass, %ss sssssI$ rearesed
The o the iierr#oiee oy me systea
aac cruelty other caPtaia, and H. n
an act o! 5arbarity which occds''DeN '4e ~ " f
bis men.
,., st Ssntai,, ~ am 70 fotE bis oacers Il dt
yec1Y provoked By IN ocu'se'ae 1ss. - oe u 80 oH'
The ru,iry soag ,be shipwrecsed crew Of lie French
eds as ooeaoDed By u. paeiiy and want Of caoi-
srz nv professional honor 10 pfeye that board ls Som
~ and Inc otEer vessels have bad The honor command,
NEG ras cruelty, disregard Tor the personal
rof or for feelings Of thoSe Under my cofzHanf,
oe OF The IDcapacity which might provoke
;nsardnaos, orsisei 20 on 40 'aS
. evience is rendered necessary by statement
fofaed a was craei and oppressve on board the indie
pendence rst lieutenant and as acting connande Of The
10 do w.h what stated ia tae newspaperbyt the press
is great mandatory Of public opsion, the fabric winch
claim 70 be Indifferent 10 IT, Ppbc opinion has ee6 let
upon thjs whole matter, aod wiling as am That ny
ysseie conaci sboad De laid before the wo;d, glad
that The Court came 10 tlis decision.
aa prepared therefore prove a az Isl lieutenant OF the
Ill , ,aaibments in that sjp were inflicted bs order OF
the Commodore himself until II became too ksorne TO hfn
and Of his motion be deyoyed The greater par OF il
me; Commanding Officer Of the Dolphin enforced
te Law of Congress which restricts the power punish
be commander alone, and requires IT TO be Inflicted by M
order and IN MS presence at Tune when the prsctce o
ogging by The frsi lieutenant and the officer OF the deck
circular Of 3r Secretary Pauldng requiring The rigid
Observance OF Tie law OF Congress on ss subjec: vas
issued.
gu prepared to Prove thai 10th in the Dopin and IN
The Fairfield attentive 10 the rgat, The comfort and
The happiness Of my crews and that they ennendy
orderly cheerful ana conened; that both these
were 10 high order and efficient nIen-ofwar
as my humanity may be impeached on account OF the
prepared 10 prove that vixen the Brazilian City OF Sap
d , by 9fTng @ ey the pers troops
Ing quarters were firing the city aud resisting every
direction got The Dolphin under way from her ancho
aye British aud French cruzers a.d crossing
fire o OF the bate and IpeTia that
of the Town opposite the residence OF The American Consul
received him board with bis family and gave refuge
o the assaiiani from The conaasfation agd It's drunken
and desperate perpetrators
am aloo prepared to prove that on the termination Of
The civil war IN The Oriental Republic of when III.
Consltuiional Government was oYertbrown and Rbers
hbout TO the CRY Of Monevdeo the bead OF
horde oil ferocons INDIANS gave refuge on board the
Dolphin 10 more than twenty ,dyidua including several
high officers OF siate, who were deeply compromised,
abandoned 10 the females of their family the exclusive
ofmy cabin. and conveyed them TO place OF safety.
That in like manner the FairGela / Withdrew from
Threatened death at Buenos Ayres, several individuals
compromised for political Offences anu thai did This with
,oretng the favorable regard Tor myself FOR ms
country OF the authorities oil Buenos Ayres, conciacd by
,ie energetic measures which had taken 10 resist the al
tempt Of The French Admiral TO enccoach our neutral
rgs ard 10 extend the rights OF begerents beyond the
limits assigned TO them by lhe laws Ofnations.
These various facts am prepared 10 prove by witnesses
odnsy al distance from NewYors fit be the pleasure
Of the Court would be glad ,iat these Witnesses sbous
tsghed) ALEX. SLlDEtL MACKENZIE.
U. s. sHlP North CAROLINA, January 5, 1873
Capt. Stewart said that 80 far as any testimony
related to occurrences board the Somers, or Us
10 his conduct OF board that vessel, it was adnis-
slble; but other testimony could be received
by the Court as they were restricted to an inquiry
into the occurrences on beard the Somers and could
not travel beyond it.
Tue Judge Advocate said that was hi. opinion
also, and he most fully concurred with Com Stew.
art. Those witnesses Of Commander Mackenzie $
therefore who were not required to testify as TO
what occurred on board the Somers could be dis
charged.
EXAMINATION OF WITNESSES RESUMED.
Dr. Lcececk sworn: | was on board the So
cruise. | first heard OF the intended mutiny OF
the evening OF the Goth November, when | was
called on deck at evening quarters. Commander
Nj. then accused MIR. Speacer of an intention to
seize and take the vessel out of possession OF the
Officers He also accused him of having con-
version with MIR. Wales the subject. de ac-
knowledged that he had such conversation with
Mr.. Wales, bu, believe he said it in Jest
This witness recountcd the arrest of Mr.. Spencer
The carrying away OF the top-saant mast, the
arming of sha officers, arrest of Cromwell and
Small, and also the four others-4lcknly, Nc
kee, Green and Wilson--the holding of the Coun.
Gil OF Officers at the request of Com. Mackenzie,
fhc proceedings before them, and tie execution OF
Spencer, Cromwell and Smail on the 1st Dec. in
the same manner as previously related hy the other
witnesses who have been examined The witness
said he was one Of the Council who examined wit
nesses and we came to the conclusion that it would
be eminently hazardous to attempt to carry the
prisoners home, for fear of a rescue being made
and the vessel siezed. | heard spencer previous
TO his execution ask to speak to ,hr. Wales, and
also ask Small TO forgive him. About . or ) days
before MIR. Spencer was arrested, as well as | can
remember, he Was in the Ward Room where
Purser Heiskell and myself were. ! was
st the table looking over charts OF the
coast of Africa and the West Indies, when Spencer
asked me if knew where the Isle of Pines was
told him ii was some where on The coast cf Cuba
and believe l asked him a, The time if he knew
any body there, and remarked tha, | had heard
1t was great pira,ical resort. Mr.. Spencer made
no further observation that l know of, but coniin-
ued for ssme time looking attentively over the
chart of the Yves, Indies, and then spoke of the
heineward cruise of the Potomac from Brazil
recoliect he asked Cromwell, when he was on the
E,..t 1saH, j !