The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-24
Trial OF Commander Mckenzie.
TWENTIETH DAv-Eru "a

tnen read ana
VIM H. Krso recalled. In answer to questions by the
Judge Advocate the witness said 1T three four
days before the arrest of Mr. Spencer that the
ton took place about going round the Isle of Pnes he did
Sullivan and Snyder messed with me; Snyder had rar
of Edward Fowler is not stationed at ths "a with
badly at the lacings .scursed the inventor OF il.
Ibid you ever soc Cromwell with his reports in his
A-Oh. the paper reports OF the you mean
yes Ihave.
Q--Havs you not seen Mr.. Deonde and Mr. Tillotson
talking to the elder seamen
A-Well, no only when they were ordered to.
Q-Have you ever seen Green pricking India ink into
the arm OF Mr.. Delonde and Wales Z
A Not as know Of.
Capt McKENxE put very long question 10 the witness
about the knowledge which he the boy had of the regu
Cromwell to curse the ib the inventor of the acngs
to which the witness saId he did think it oas limo
cent"
JUDGE ADvooArE-Thnking SO, why did you not re.
port it to the commander
WITNEs-B Because the officers were on the quarter
deck, and heard all he said aboat ii.
Alter the witness had retired Capt. Nick came up to
the Judge Advocate and sad Now the next boy knows
good deal about Mr. Spencer than hare erer been
a6ie get out of him and hope the Judge Advocate will
exercise his ingenuity to get il all out"
BnLiNGER scorr examined by Capt. McKENzIE-I
was on board the Somers as ID class boy have
Cromwell and Small talking together heard Spencer
ask Cromwell he could disguise the brig it was one
end of the conversation he told take his hammock
down Spencer also asked Cromwell he could dis.
guse the brig as to take her into New York; which
the other replied that he could do in ID short ORDER
by shipping the borsprit ~ They appeared to be seri
ous; have heard Spencer and Small talk about getting
slaves Spencer would ask Small how they got 'em 7"
to which Small replied why anchor the brig in river
60 ashore in the long boat and get 'em )" knew
OF Spencer giving liquor away, but he has given
Capt. BoLror-Did'nt, ou take of his hammock
WIrNEss-Yes sir.
and asked me if wanted any, He also said he would
stand between me and the captain il got hauled up for
it. | was always his hammock boy during the cruise
and he once asked me, chow should like to sail with
him !" said we'll He also asked what class was
in told him. and he said when he got TO commander
he would make we seaman
JuDoE ApvoeArE.--Well, did you ever have any con-
versation with Mr.. Delonde or Mr.. Tillotson
des cot for little WHILE but he gave thing
for it. Mr. Deonde and Mr.. Totson both used tobacco;
was spencers boy all the cruise, until he was arrested
TRIED to be smart and please him. The talk OF Disgusting
the brig week before Mr.. Spencers arrest.
heard Of talk about pirates and slavers except by mall
Q-Did not the spin yarns about such things?
Have you not heard many stories Of that kind
Q-Do you remember of the somers being chased by
what was thought to be an English cruiser
QHave you overheard the crew speak of the masts of
A.-Yes. heard them say they raked good deal.
Q-Did not the men say that the English cruiser mis-
took the Somers for pirate or saverf
Q-weil, how long was that before the arrest of Mr..
Al do not remember bu: was shortly before we
reached st. Thomas.
,o.-Whereabouts were you when you heard the talk
Al was going forward it was after the hammocks
had been sent down. and Mr. Spencer told to 60 and
take his hammock down.
Dwell if you say it was after the hammoc ks were
sent down, why did you that Mr. Spencer told you
Before the boy could reply Court said the question
improper, because the officers hammoeks might
main for half an hour or more after those of the had
been piped down.
The JuDoE ADVOCATE did not like this Interference
which he said prevented the boy from either explaining
or convcting, himself of an Inconsistency.
The discussion ended by the President saying that he
only wanted TO have the testimony SO that the public
would understand it. = ,t..-, .-.
Q-when did you first tell of this COW ersation
A.-When We got home told it to Lieutenant Gsnse-
WORT He called into the ward room and questioned
me: Inevsr told it to any one before.
Cross. examinaton-Afer the arrest OF Spencer did
hear Small say that Spencer have been either
drunk crazy never heard any other person say any
thing about relieving the three prisoners after they were
in irons.
Q.-From any thing you or heard, 10 you suppose
there would have been any attempt rescue the prison
Al did not suppose there would be any attempt
Odd you ever hear any Of the crew talk about TAX
ing the brig
A.-No, did not
Q.-When Mr.. Spencer first arrested II talked
about that il was for fighting with Mr. Thompson
Ayes, sir The men and boys would gather about
the spar deck talk of his heard of the pa.
pers found in Spencers locker when the Captain told the
crew Of the mutny, and Walton was logged. do not
remember what said never heard that one of these
papers had been taken out of book.
Odd you not hear that Mckinley was making up Mr.
Spencers locker? "
A.-No Sir.
Odd you know that your name was down on that
paper
Odd you tell Mr.. Spencer that you would join
him in any mutiny
A.-No, sir.
Q-Did you know what Spencer arrested for
A--No, sir.
Mr. DUR made some observation, to which the Judge
Advocate asked why this boys name Is on the list
Q-From the time Of Mr.. spencers arrest up to your
did any of the officers petty officers ask you any
question about it7
A.-No, sir.
Capt GwrS-was II not your duty to take Mr.. spencers
hammock up and down without being paid for it
Wrrrrm-No; was his hammock boy but It was not
duty unless got paid for II.
[This elected surprise, but the boyfsuck
Capt McKESzn-t Mr.. Spencer had told you to take
his hammock up and down, would you have obeyed the
order, or have told him you would mott
WITNESS O. no, would not have said that
The examination of the witness here ended and Capt.
McKENz'E rose and read as follows =
"The prisoners brought home under charge Of mutt.
in the somers having been removed from the naval
jurisdiction and brought beforea civil court for
and others Of these prisoners having been
from the service by the civil authority and been allowed
to appear give evidence charging that the prisoners
had been cruelty treated and confined head and heels in
propose with the permission Of the Court to call up
Lieutenant Gansevoor and ask him very few questions
as 10 the in which these prisoners really
confined. Both the Court and public will then whe-
Their the prisoners treated with cruelty with all
the kindness consistent with their safe keeping.
(sgneD ALEX SLIDELL MCKENZIE,
Commander u. 8 N"
Lieut.. GANsEvooRr recalled and examined by the
cused
Q-wsre the top-gaant suddng sails covered with
bags keep the prisoners dry and warm in rainy
ther
Ayes, they were.
Q.were they tarpaulined and did they keep cut the
rain
A-Yes they were. The men had also westerns to
wear with large capes to extend their shoulders
the bags up over their shoulders with drawing
string but did not enclose their head They very
loose and gave the prisoners power to their limbs
Gas you got into colder climate, the prison.
ers furnished with blankets and pea jackets
Voc. aoft hodt four