Grant County herald. [volume] (Lancaster, W.T. [i.e. Wis.]) 1843-1844, 1843-04-22
DEFENCE OF coM'R. MACKENZIE.
Fsom the New York Express.


The first three charges under trial
and on which you are 10, pass Judg-
ment, have for their common subject
tho execution Of Midshipman PHILIP
SPENCER, Boatswain's Mate SAMUEL
CROMWELL, and Seaman ELISHA
SMALL, on board the U. S. brig SOM
ers on the first day Of Dec. 1912. 1t
will be found that these three charges
are but variations of one and the same
identical charge; which is, that such
execution was directed and carried in
tn effect without justifiable cause. To
the fourth charge, alledgingthattaunting
unofficer-like language was used to Mr..
Spencer by the accused "a. the time OF
shc execution; and the fifth charge al
lodging that the conduct Of the accused
towards his crew was cruel and oppres-
sive, nothing is required to be said.-
The defence to these charges is res
pec.faily yet confidently, submitted on
the plain, full, and conclusive evidence
before the Court, without word OF
comment.
Ia Judging Of the necessity Of the
execution, it is Of vital importance to
ascertain preliminary, whether amuti-
nous conspiracy in fact. existed on
board the Somers, and whether the
persons executed were parties to. that
conspiracy.
That.such conspiracy existed; that
it had for its object the conversion OF
that brig into piratical cruiser; that
such object vas to DO effected by the
murder ofthe officers and faithful OF The
crew; and that Mr., Spencer and Small
were not only parties but ringleaders,
lin the conspiracy-appears from their
own repeated and solemn declarations,
and from unequivocal documentary ev-
idenee. Mr.. Wales tostifes that on
the 2sth of November, Mr.. Spencer
took him aside to a place Of secrecy,
and communicated to him the whole
mutinous scheme. He told him that
no was leagued with about twenty of
the crew to get possession Of the brig,
murder the commander and officers,
and commence piracy. Mr.. Spencer
detailed to Mr., Wales the plan Of ope-
rations, was systematic, and evinsed
much delberation. That this commu-
nicalion was frolic of boyish fancy,
as has been sometimes suggested, is
clearly disapproved by Mfr. Wales; and
by the intrinsic circumstances OF the
case. The appearance and'manner OF
MIR. Spencer were earnest and grave;
before DO would make his communica-
ton, he bound Mr.. Wales by an oath
of secrecy; and previous TO parting told
him that il he betrayed the secret no
should be murdered. Small was pres
ent at a part Of this interview, under
stood the nature of the communication,
and expressed his qualification that MIR.
Wales.had consented to be one of them.
Mr.. Spencer told Mr. Wales that
tho plot was detailed in a seeret paper
in his possession, This paper was
found next day in Mr.. Spercer's razor
case and is 10 his hand writing in Greek
characters. Itisin two pieces. forming
however, parts ofthe. whole; and has
been. therefore, generally and correctly
called the Grecian papeE, in the slngu-
lar number, and is SO called in the de-
fefHe. One Of its pieces contains the
names Of the conspirators aud OF others
expected to join them marking them
as certain, doubtful, or 10 be retained
on board, willing or unwilling, togeth-
,er with few explanatory remarks;
the other piece torn from a book on
geometry, and having its back covered
with geometrical figures, assigns TO
some Of the chief conspirators their STA
ton when the outrage should occur.
This Greek document is. the official re-
cord of the mutinous conspiracy pre-
pared by the chief conspfrator; and,
like o,her. records, contains on its
face, against the parties and privies, 10
il, the stamp of iucontestahle verify.
No valid objection results from the
circumstance that the Cree paper con-
tains only .he.eonspirators marked ecr-
tain, exclusive Of Mr.. Wales, the other
names on the paper being entered either
III tho doubtful list; or in the list Of
persons TO be detained on board at all
events. This paper had doubtless been
prepared at the inception of the con-
spiraey, when in truth there were on
w three confirmed associates Ii APP
4 Z 4