Not One Shred of Decency

by Bob Brown

  A good book could never have held court’s attention as well this. Mackenzie also hung on Wales’ every word. “Anything else?”

  “Elisha Small interrupted our conversation about then and he and Spencer spoke in a foreign language, Spanish I think. Small didn’t look pleased but seemed a bit better when Spencer told him in English, ‘You need not be under any apprehension or fear as I have sounded Wales out and find he is one of us.’ Small left us and Spencer told me that if I join with them he would make me third officer, to which I did not answer. Spencer asked me if I liked the plan and I said that it was well thought out and I was favorably disposed toward it. Then we came down from the booms.”

  Mackenzie asked if that was the end of the conversation.

  “Yes, except that Spencer followed me on the deck and grabbed my arm very tight. He said if I breathed a syllable of our conversation he would murder me or have me murdered. My life would not be worth a straw. I stayed on deck for awhile until I saw Small looking at me suspiciously and decided I best go to my sack. I couldn’t sleep for I knew I had to get Spencer’s story to the captain. I got up and tried to get to Mr. Ganse, but Spencer raised his head in his bunk and asked me why in the devil was I cruising around at that time of night. I pretended I was after supplies and went back to my hammock. I did not sleep all night.”

  “Who did you tell?”

  “The next morning I decided it would be suspicious for me to go to Captain Mackenzie’s cabin so I told Purser Heiskell and he had Mr. Ganse come below and then Mr. Ganse told Captain Mackenzie.”

  “In your conversation with Mr. Spencer, did he tell you when the mutiny would break out?”

  “He said, ‘Very shortly and before we arrived at St. Thomas.’”

  Mackenzie asked, “What else do you know of the mutiny?”

  “I was present when Spencer was arrested. I heard the Captain say, ‘Mr. Spencer I understand that you aspire to take command of the Somers and I don’t know how you plan to accomplish this unless it is over the dead bodies of the officers.’ I couldn’t hear Mr. Spencer well, but it sounded as if he said it was just a joke. The Captain asked Mr. Spencer to remove his neckerchief and there was a sheet of paper rolled up in it. The Captain said the paper was written in Greek and Spencer said that he was just practicing his Greek. The Captain said he could tell that it was a list of names and he ordered Spencer to surrender his sword to Mr. Ganse. Then Mr. Spencer was put in double irons.”

  “Did you observe how the crew reacted to Mr. Spencer’s arrest?”

  “Oh yes sir. The crew became very disaffected and collected in small groups, cursing angrily. The next day the crew continued more disaffected than ever. An order had to be given two or three times before it was executed and then they would go growling along.”

  Mackenzie was pleased with Wales’ testimony. In his military posture, he applied a quick tug to his jacket which was already very smooth, and asked, “Were you present when Samuel Cromwell and Elisha Small were placed in irons?”

  “Yes, sir.”

  “Did they surrender peaceably?”

  “Quite the contrary. Cromwell led a rush on Mr. Ganse and only stopped when Mr. Ganse fired his pistol at Cromwell.”

  “Did Mr. Ganse injure Cromwell?”

  “No sir, his shot missed but Cromwell did stop and he and Small were placed in irons.”

  “Did the demeanor of the crew improve after the arrest of Cromwell and Small?”

  “No sir, they were more unruly than ever. They congregated in groups, cursed, and tried to make signs to the prisoners. They pretended to not hear commands and the situation was extremely tense.”

  “Did you fear they might do something rash?”

  “I was sure they would, sir.”

  “Thank you Mr. Wales, that is all for now.”

  Judge Advocate Norris was a neatly dressed attorney whose fame rested entirely on his skillful handling of a couple of high profile criminal cases in Baltimore. Slightly balding at 29, he was confident that proving Captain Mackenzie’s guilt would be no more difficult than his Baltimore cases had been. This case could only enhance what he expected to be the beginning of a long and successful career. It was to his credit that he was chosen to be Judge Advocate in this trial that had the eyes of the nation watching. He had been quoted as saying that Mackenzie’s insistence to defend himself would only play into his experienced hands.

  This being the first day of court, everyone was fresh and attentive, fearful that they might miss something very important. The room was quiet as Norris prepared to stand and his chair legs were abnormally noisy as they raked the plank deck. His high pitched voice seemed in excellent accord with his youthful, but balding, appearance. “Mr. Wales, when was Midshipman Spencer arrested and where was he confined?”

  “He was arrested on November 26th and placed on the spar deck near the larboard armchest and secured in double irons. He was guarded by the officer of the deck.”

  “Was he later moved below deck to protect him from exposure to the elements?”

  “No sir, the Somers doesn’t have a brig.”

  “Wouldn’t it have been more humane to place him in irons below deck?”

  “With so many men on board there was no place to safely guard him below deck.”

  “At the time of his arrest, to the time of his execution, was Philip Spencer furnished with any charges and specifications of crime?”

  “Not in my presence.”

  “Did Captain Mackenzie, or any other officer, confront Mr. Spencer, so that he might cross examine or offer proof of his innocence?”

  “Not that I know of.”

  “Was Samuel Cromwell or Elisha Small furnished with any charges of specifications of crime?”

  “Not to my knowledge.”

  “Did Captain Mackenzie, or any other officer, confront Cromwell or Small, so that they might cross examine or offer proof of their innocence?”

  “Not to my knowledge.”

  “To your knowledge, did Captain Mackenzie oppressively and cruelly use and maltreat or inflict unnecessary punishment on the crew of the brigantine Somers?”

  “No sir, by no means.”

  “Did anyone other than Philip Spencer discuss any mutiny plans with you.”

  “No sir.”

  “Then as far as you could tell the mutiny plans were just a figment of Spencer’s imagination?”

  “No sir, there was no doubt in my mind that Mr. Spencer had organized a mutiny.”

  “Tell us, if you can, of other information that you had that convinced you a mutiny plan actually existed?”

  “From Small’s actions and manners and the way Spencer and Small talked in Spanish, and the crew became so disaffected, and the way Cromwell rushed Mr. Ganse, and in lots of little ways.”

  Mackenzie said, “I object to this line of questions. The witness has already testified that he considered Spencer’s plan to be a serious mutiny attempt. The object of these questions is not to elicit new facts but to entrap the witness into testifying that the mutiny was so absurd and impracticable that it was not seriously entertained by Mr. Spencer. The questions are insidious and the pretext crumbles at the touch. If the proceedings are allowed to follow this pattern then it will make a mockery of the accused’s defense and justice cannot be served.”

  Norris responded, “The Judge Advocate was of the opinion that the questions were entirely legal, he having no right to assume the truthfulness of the witness, or even if the conversation with Mr. Spencer actually took place. It is his duty to ask questions that will ferret the truth from the witness.”

  Captain Downes recessed the court to rule on Mackenzie’s objection. When they reconvened, they had decided that the Judge Advocate would have considerable leeway in his inquiry, but that vague questions seeking a desired answer would not be allowed.

  Norris elected not to ask Wales any more questions at that time.

  Mackenzie asked Wales, “Did any of the prisoners confess to their gui
lt before their execution?”

  “Cromwell never did. I think Spencer confessed that he’d talked of mutiny but he tried to say that it was all just a joke. He wasn’t convincing. Small gave a full confession just before he was hanged. Spencer may have too but I couldn’t hear him.”

  “Thank you, Mr. Wales.”

  Captain Downes had Wales’s testimony read and Wales made a few minor corrections. The court was adjourned for the day.

  CHAPTER 34

  The next morning Judge Advocate Norris was talking to John Spencer’s attorneys, B. F. Butler and Charles O’Conner, outside the wardroom. He did not notice that Mackenzie passed close behind him as he was saying, “Wales’s testimony is too pat, I’m sure Mackenzie has coached him. But I assure you gentlemen it won’t matter, for I intend to nail that bastard’s ass to the wall before this is over.” A pained expression on Butler’s face was intended to signal Norris to lower his voice. Mackenzie’s usual non-committal face never cracked, but he smiled on the inside.

  Captain Downes opened the proceedings and Norris recalled Wales. Captain Downes reminded Wales that he was still under oath.

  Norris began, “Mr. Wales were you present when Spencer, Cromwell, and Small were executed?”

  “Yes sir.”

  “Will you tell us what Mr. Spencer’s last words were?”

  “I couldn’t hear from where I was stationed.”

  “Did you see Mr. Spencer write a message to be delivered to his parents?”

  “No sir, but I think Captain Mackenzie may have taken some notes.”

  “Were you ever privy to those notes?”

  “No sir.”

  “Did Cromwell or Small write anything for their families?”

  “No sir.”

  “Were they offered the chance to write anything?”

  “I don’t know, I couldn’t hear everything that was said.”

  “Did Cromwell make a final statement?”

  “Cromwell denied any guilt and cursed Spencer and Small for confessing.”

  “Are you implying that Spencer made a confession?”

  “Well, I think he confessed to planning a mutiny but he claimed it was just a joke.”

  Norris continued, “What sort of a man was Small as to intellect? Was he a shrewd or a simple man?”

  “Not very shrewd, not very simple. He understood navigation and had been mate of a vessel somewhere or other.”

  “If your name had been found on any scheme of Spencer’s, put there before his conversation with you on the night of 25th of November, how would you account for it?”

  “It would have to have been put down without my knowledge.”

  “Did he tell you your name was on his list?”

  “No sir, he did not.”

  “Did he tell you the names of anyone allied with him or did you ask for the names of men allied with his mutiny plan?”

  “No sir. He did not tell and I did not ask.”

  “Did you have a difficulty with Captain Mackenzie prior to the mutiny event and if so what was the difficulty?”

  “I did have a difficulty but I decline to explain it.”

  Norris studied this answer but apparently decided it was not helpful to pursue this subject at this time. “That is all for now, Mr. Wales.”

  An officer of the court asked, “In any respect or at any time did Captain Mackenzie exhibit malicious feeling toward the prisoners?”

  “No sir, he was very kind and did all he could for their comfort.”

  “Did Captain Mackenzie in any way taunt Mr. Spencer?”

  “No sir, not at any time I was on duty. At the execution I think the Captain was quite overcome with grief for what he had to do. I believe he was weeping.”

  Mackenzie almost displayed amusement, but managed not to. He thought, “Weeping indeed! Well, why not, he was a compassionate man.”

  Norris asked Wales, “What was the deportment of the crew just prior to the executions?”

  “Unruly, disorderly, some of them manifested great dissatisfaction.”

  “Did, or did not, the surly and reluctant conduct of the crew embrace the younger portion of the crew?”

  “No sir, it was the older portion of the crew.”

  “What were your orders when guarding the prisoners?”

  “If they attempted to get away, or any attempt to rescue was made, to shoot the prisoners first.”

  “During the officer’s meetings relative to the mutiny, were either Spencer, Cromwell, or Small present?”

  “I don’t think so, but I was not privy to those meetings.”

  “What was the disposition of the crew during the officer’s meetings?

  “Disorderly.”

  Mackenzie interrupted to ask, “Did you suffer any punishment for the difficulty you had with Captain Mackenzie before the mutiny event?”

  “Yes sir.”

  “Did you feel the punishment was fair and justified?”

  “Oh absolutely.”

  “What was the treatment of Captain Mackenzie to his crew, humane or otherwise? Did he inflict unusual or unnecessary punishment?”

  “The treatment was very humane. I’ve seen him send dishes from his own table to the sick. I never saw an instance of unjust punishment.”

  Mackenzie tried to remember an instance when he had sent a dish to someone. Maybe it had slipped his mind.

  “Do you know anything of Cromwell and Small having served on slavers?”

  Norris objected on the grounds that this was immaterial.

  Mackenzie argued determinedly that Cromwell and Small, by their own admission, had served on slavers and the fact should go on the record. Captain Downes said that this witness could be asked only if he had heard Cromwell or Small make such a statement.

  Wales said he had heard that Cromwell and Small had served on slavers, but he did not actually hear them say so.

  An officer of the court asked, “Was the conduct of Mr. Spencer generally undisciplined or eccentric, or otherwise?”

  “I noticed sometimes he was rather singular, dull, stupid!”

  Captain Downes suspended Wales’ testimony, the transcription was read and corrected by Wales.”

  **********

  Neville, Strummels, and Gazely were interrogated by Mackenzie to confirm the meeting of Spencer and Wales on the night of November 25th. These witnesses were on duty that night and even though their testimony varied in detail, it did seem to collaborate Wales story. Two thought it happened after sundown, but Neville said, “T’was not dark.” Two had observed Small talking to Spencer for a few minutes while Wales was with him, but one said he saw someone but paid no never-mind as to who it was. Two noticed that Small seemed upset. None of them heard Spencer and Small talking in Spanish, but all admitted that they either were not paying attention or could not hear what was said. Strummels overheard Spencer tell Small that Wales was, “One of us.” According to their statements, the length of Spencer and Wales’ conversation varied from ten minutes to two hours.

  For reasons not obvious, one officer of the court asked Neville, “Did you observe Spencer and Green together often just prior to the mutiny?” Neville described several meetings including one where he had seen them on the foretop and Green was pricking India ink into Mr. Spencer’s arm. When asked to describe the tattoo, Neville replied that it was too bloody to tell.

  Captain Downes had the previous testimony read and corrected and then adjourned the court for the day.

  CHAPTER 35

  At the beginning of the next session, Mackenzie said, “May it please the court. I am prepared to prove that Mr. Spencer orchestrated a project to capture the previous ship in which he sailed. That his intention was to convert the ship to a pirate ship and he communicated such project to several of her forward officers in the presence of various of her crew. I respectfully desire to know whether such testimony will be received by the court in order that the necessary witnesses to prove this fact may be summoned from Norfolk.”

&
nbsp; Captain Downes huddled with members of the court and returned with the ruling that such testimony would not be admitted.

  Mackenzie accepted the decision stoically and recalled Wales. “Did you understand to whom Mr. Spencer would assign the stations of chief and second officer on his pirate ship?”

  “Yes sir, I presumed that Cromwell would be first officer and Small would be second. I presumed this because Spencer had been so intimate with Cromwell  more intimate than with Small.”

  Judge Advocate Norris asked, “Do you mean to tell me that Spencer told you that Cromwell was to be the first officer, and Small the second officer, in the alleged mutiny and proposed piracy?”

  “He didn’t tell me. I based my opinion on the fact that Cromwell was a more commanding character, understood navigation better than Small, and he was older, about 35, I think.”

  “Did Spencer mention Cromwell’s name or any other names in your conversation on the booms?”

  “He didn’t mention Cromwell’s name or any other names.”

  Purser H. M. Heiskill was called. Mackenzie asked, “When did Wales first tell you of the mutiny and did you think he was serious?”

  “I took him to be deadly serious. As near as I can recollect it was on the morning of November 26th at about eight o’clock. Wales sat down beside me and in a low tone told me that the previous evening Spencer had revealed to him a plan to murder all the officers and make the Somers a pirate ship. He requested that I relay the information to Mr. Ganse because he was fearful for his life if he was seen talking to a high ranking officer. I had Mr. Ganse go into the storeroom with me so no one would see us talking. During the day Mr. Ganse had me talk to Wales several times to clear up certain questions that had occurred to him.”

  Ganse was then called. People who knew Ganse but had not seen him for six months could be forgiven if they sensed that something seemed amiss. He was dressed neatly in full dress uniform, but he had lost weight. His jacket sagged on his shoulders and was a bit too loose in the waist. Sadness pressed hard on a pale face and his eyes receded into shadows. His hands were down to his sides but his thumbs were rapidly sliding across the tips of his fingers.