The Montgomery advertiser., 1908-12-13
noY WAS A SON OF SECRETARY or WAR.
Cruel story of sixty-six Years Ago when Tyler was President Has Been Rewritten-~He was
 Charged With Mutiny.

A naval traxedy which stirred the country z1xty-9ix years ago is TecaHen bw President ROca@v@ars recent order reHexaxanss the United States marines to nhore duty says writer in Tho New York Txfbue. Tho marines were Al- ways recognized as the police of the navy, and that he had none abroad to keep order was one of the excuses of- fered by Commander Alexander Sidell Macke enzle for hanging a young mid shipman. Philip Spencer, son Of tne Secretary of War. and two others, at the yardarms of the United States briS of war Somers. Mutiny and pirati- cal design were charged against the nineteen-year- boy and his com panions, who were executed with short shrift in West Indian waters.
 When the Somers sailed into New York Harbor, in December, 1s42s and tha facts became known through The New York Tribune and other newspa- pere, there was a tremendous sensa- tfor Flogging and hanging at sea were not so rare in those days, but Spencer's youth, the fiimsy nature Of the evidence against him and especial ly the position of his father in Presi- dent Tylers Cabinet, led to universal demand for the trial and punishment of Commander Mackenzie. A naval
 
 charge of murder. He was acquitted by O divided vote and, 1t is said, died insane. J. Fenimore Cooper, the novel, fist, published a long review of the case, analyzing the evidence and Dit teriy attacking Mackenzie.
 The Somers was returning from cruise to the coast of Africa when the tragedy occurred. She had a crew of 120, of whom ss yere apprentices and za<&nAEs years of age It could hardly be call cd dangerous crew. Midshipman Spen- cer was popular with all hands. A lively, reckless youth with an imagin- ation infiamed by reading of piratical exploits in the Sanish main, he was troublesome to his superiors. if not formidable. He had been sent home from the Brazil station because of minor derelictions. Commander Mac kenzie frankly disliked him and had tried to prevent him from shipping In the Somers. On the night of Novern- Der 75, Spencer, 1t was alleged. sum- moned the purser's steward. Wales. to Q secluded spot and with few pre- lImlnaries unfolded a scheme to mur- der the officers, get possession of the gfip, raise the black flag and begin freebooter's career. It was a roman tic, high flown plan, with scant chances of success if Spencer had the twenty accomplices he claimed verb ally and none at all If he had only the three conspirators written down as sure" in a secret list of names tram scribed in Greek characters. If the plot was genuine 1t was innocuous. But Wales told Purser Heiskell, who inforner Commander Mackenzie.
 A rare psychological study of his own character, indicating traits of cruelty. bigotry and fear masquerad- ing as bravery, is shown by Macken- zio's statement of the affair to the Navy Department. The commander, by dint of recalling Spencer's manifold petty offences. decided that he must be gull ty of the attempt at greater crime. The boy had given money and tobacco to the crew, he had corrupted the wardroom steward and made him steal brandy from the officers' mess. he was exceedingly intimate with the crew. he had a strange flashing of the eye which otherwise might have been ex- plained by an ocular defect-and final ly. he was in the habit of amusing the crew by making music with his jaw: he had the faculty of throwing his jaw out of joint and by the contract of the bones playing with accuracy and ele- gance Q variety of airs" This gro- tesque indictment has more than a touch Of mediaeVal superstition.
 Said ak Was Q Joke.
 The midshipman was summoned to the quarterback and the commander remarked:
 T learn, Mir. Spencer. that you as- pire to the command of the Somers?'' with Q deferentia1 but unmoved and gently smiling expression the boy re- piled. "Oh, no, sir"
 ''Dld you tell Mir. Wales. sir. that you had a project to kill the comman- der, the officers and a considerable DOT tion of the crew of this vessel and convert her into pirate?''
 T may have told him so. sir, but 1t was in joke"
 You admit, then, that you told him soT'
 ''Yes sir. but in joke"
 ''This sir, is joking on a forbidden