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| ~ as ANY eIinS said apont small Try ar2


eating biscais in that conversational


i. Yes, sis. He said ahat they would ear corr


siderable, aud ;ha, he would make them walk the


plank; they would be useless on board. He


meant the small boys-she smaller apprentices.


There were some very small on board


q. What effect, If any, did Mr.. Spsncer's re-


mark about throwing Com. Mackenzie overboard
nave upon the crew.


; a. lsra,her pleased them. saw smiles upon
the faces of several of them Cromwell snd Small


were among them.


Cemaander Aackenzie said shat the officers OF
the Somers had eeencharged in the official journal.
Ia an article supposed have been written by the
Secretary OF War, with harshness and cruelty, and
asked 1t there was no way of showing that this
untruc7 He wished TO ask the witness question
eonceraing it.


The Court said that no notice could be saken
oft.


| Com. Mackenzie said thar the source from
which it was supposed TO have ceme was SO high
that he wished TO notice it.


The Court said thar it must be regarded =. only
newspaper report, and that j, did not como
within the scope of the inquiry.


The Judge Advocate thought question might
DC put which would answer the purpose Of Com
maader Maekenzis. Tue question, as at first
handed in was therefore medifed as follows:
| @. What was the conduct of Commander
Mackenzie generally during the difficulty on the
Somers


a. He appeared to labor under no fear, was hui
name, and did everything he could for the comfort
of the prisoners.


Commander Mackenzie said he would waivs
these questions altogether, as he only wished to
ask them to meet particular case, which he was
! not allowed to do.


The following question then allowed:
Q. During he continuance OF the difficulty on
| board the Somers did you observe any conduct in
| Commander Mackenzie exhibiting unmany fear, u
despotic temper any quality unbecoming COM
manding officer and gen,eman1
A. (Withmuch energy and decision.) NO! Sin,
I did not,


@. Judge Adrocate-Dd Spencer tell you
where he was to cruise after turning pirate
| H. He did not He said he would cruise where
ever he could pick up the most prizes.


After making up the record Of proceedings the
Court adjourned till tomorrow.


Cora. RyacLe.zie's Narrative.


The Judge Advocate at the opening of the
Court, read the whole of Commander Mackenzie
Narrative of the transactions on board the Somers.
| We commence our sketch of r below OF the point
where our report of yesterday terminated
desired Lieut.. Gansevoort 10 state TO Mr..
Spencer that if he would apply to Commodore
Perryto detach bin from the Somers would sec
ond his application. The application was accord
| ing made and ! seconded it, earnestly urging that
it might be granted in order TO the comfort
of the young officers Commodore Perry, howev-
er, decliocd to detach Midshipman Spencer but
| said he would consent 20 detach Mid. Rogers. l.
could NOT, however, consent 10 part with MIR. ho-
gers, whom had long known TO be anaccompiished
| seaman gentleman and an officer of the highest
attainments both in and beyond his profession.
| The Somers accordingly sailed with seven in the
steerage; they could not all sit down together az
the table; two of them had No lockers but slept
| upon the steerage deck, and subjected themselves
TO considerable inconvenience, 10 all which, how
| ever, they readily submitted without the slightest
murmur or complaint and performed every duty
which fell them to the perfect satisfaction oil all
the elEcers.
/ All these things called to recollection and en-
deayorcd carefully to review the whole conduct of
Spencer. / had treated him precisely os treated
othsr Midshpmen though had perhaps reproved
hirn somewha; less then tho others for slight dew
atons from the strict line of his duty. This
from my conviction that there could be but little
hope of essentially serving one who had proved to
be so decidedly his own enemy. observed that
ne in the habit Of a.sociatipg but little with
|
mate with the crew. He was often in the habit Of
Joking with them and smiling whenever he net
them, with smile never known but on such occa
sions; and bad frequently observed in him
strange flashing of the eye.


| Recalling these things in addition to what had
been revealed, / resolved at once to make myself
sure of his person, though thought that ! would
first let Mr.. Wales have smother interview with
him and obtuin further Knowledge of bis mutinous
plans. If he really in earnest enough how
ever was already known.


In the evening gave orders 10 Mr.. Perry, my
Clerk, to have all the officers come aft upon the
quarterback When they were brought up, lap
proached Spencer and addressed him thus: t'l
understand, sir, that you aspire to the command of
the Somers.' With defereptial air he replied,
Z" Oh, no, sir .Did you not" said I" tell Mr..
Wales that you had tnutinous project on foot
that you intended to kill the Commander and tho
officers Of the Somers, and such Of the crew as you
could not seducs 10 your plans, ane to enter
upon course of pracy1" 81 may have told
him something like IT," he replied, but it
was only in Joke" 80 You admit, then, that
you told him OF such plan" Yes, sir /" This,
sir, | continued, "yen mrsi know is joking upon
a forbidden subject. This Joke, sir, may costyou
your life. Be pleased, sir, 10 remove your neck
handkerchief" He did so. Itocl< il and opened
it, bur there was nothing in it. asked him what
he bad done with the paper that was in it "The
paper" he said, Z" which had been in it contained
my days work and / sestroycd IT," at is
strange place, sir said T. '.to keepyour accounts"
He acqresced with nar Of the greatest Difference
and blandness. ] said to him, q Your design was
to make eyonrselfcommant bis vessel. You must
have been aware that you could compass it onl! by
passing over my dead body ard over the dead bo-
dies Of all the officers of the Sonlers You had laid