by Bob Brown
“You say that Mr. Cromwell was belligerent. In what way did he express this?”
“He cursed, belittled Spencer and Small, even the Captain.” Ganse seemed undecided whether to add to this and after a few seconds, he continued, “Cromwell said he held me no ill will and wanted to shake my hand, but he clasped my hand and arm so tightly I feared he was going to throw me over the side.”
“Did he think better of it and release your hand?”
“I strongly pulled my hand away from his and Captain Mackenzie helped by . . uh . . diverting his attention.”
Norris asked, “You said the Captain may have written a message for Mr. Spencer’s family. Did you read this message?”
“No sir.”
“What happened after the executions?”
“Captain Mackenzie addressed the crew. He described the character of the men who had suffered death and explained how much better it was to take the honest and upright course. He said that we have a duty to serve God, our country, and our flag. Then he asked me if I thought three cheers were in order and I said that I thought it was. So he ordered the three cheers. After that we were dismissed for the noon mess.”
Mackenzie asked, “After the executions, what was the demeanor of the crew?”
“Quiet and obedient.”
“From what you observed of the spirit of the crew and the progress of the mutiny up to the time of execution of the ringleaders, did you then, or do you now believe that the Somers could or could not have been brought safely into port?”
“I believed then, and I believe now, that she never would have been brought into port in the hands of her officers, without the execution of those three men.”
Norris asked, “Do you recall during the council of officers or at any time any remarks that Mr. Spencer must be executed at sea because his father would manage to get him off Scott free if he was taken to the United States?”
“I don’t recall any such remarks. I never had such thoughts.”
A member of the court asked, “Did you see in Captain Mackenzie, during the difficulties, any traces of unmanly fear, of a despotic temper, or any conduct unbecoming an American officer?”
Ganse replied, “I did not. On the contrary, his course was that of a brave man and good officer such as to inspire us with high respect for him as an officer and warm friendship for him as a man.”
“Was there on the part of the Captain a reluctance or desire to inflict punishment?”
“A great reluctance. He allowed many offenses to pass that I would have punished, had I had the authority.”
“Was Cromwell punished for any of the insubordinate conduct you have mentioned?”
“No sir, I believe not except of course, by my severe reproval. My reasons for not reporting him were that his services were very important to the vessel as boatswain’s mate. We had no one to fill his place without crippling some other part of the vessel.”
The member of the court continued, “Did the Captain allow any officers to maltreat the crew by word or blow?”
“No one was allowed to abuse the crew. If they behaved themselves they were safe from punishment.”
“Did you observe any instance in which the Captain displayed favoritism to anyone on board the Somers?”
“I don’t recall a single instance of favoritism.”
“After the discovery of the intended mutiny and before the execution of the ringleaders, was the Somers in a state to sustain the honor of the American flag, in the event of her going into action?”
“No sir, she was not.”
Ganse’s testimony was read to him and he approved it as read. He left the room at a fast gait like an unleashed dog.
CHAPTER 38
Perry was called and gave his rank, name, and age as Acting Master Matthew Perry, Jr., 21. After establishing that he was an officer on the Somers, Mackenzie asked, “What was the state of discipline of the crew from the time of leaving New York until her arrival in Madeira?”
“’Twas good, sir.”
“What was the state of subordination of the crew for two or three weeks previous to the arrest of Mr. Spencer?”
“’Twas bad, sir.”
“Describe how it was bad.”
“The crew would not attend to its duty, they were careless in obeying orders, and an order would have to be given two or three times.”
“Did the disposition of the crew improve after Mr. Spencer’s arrest?”
“It got worse, sir.”
“After Cromwell and Small were ironed and until the execution, did the crew’s disposition improve?”
“’Twas still worse, sir.”
“At this time, what was the condition of the officers?”
“The officers were mentally and physically exhausted. They were serving four hours on watch and four hours off, with no letup.”
“At this time, how much longer could the officers have held out keeping watch and carrying a heavy weight of arms and never sitting down?
“Twenty-four or thirty-six hours probably.”
“Would this have been enough time to reach St. Thomas safely?”
“It is my opinion that the cohorts of Mr. Spencer would have taken over the Somers before we reached St. Thomas.”
Mackenzie asked, “After the executions, what was the demeanor of the crew?”
“’Twas good.”
Judge Advocate Norris asked Perry, “As a member of the council of officers, do you recall any witnesses that testified either for or against the alleged mutineers?”
“I don’t recall any.”
“Did Spencer, Cromwell, and Small have an opportunity to defend themselves before the council of officers?”
“They weren’t called, sir.”
“What is your opinion of the way Captain Mackenzie treated the crew?”
“’Twas good, sir.”
The Perry family had bred an unusual number of accomplished U. S. Navy officers with impeccable credentials. This may have influenced Judge Advocate Norris to use Matthew Perry to establish considerable information on the operation of the Somers. The next two days were spent quizzing Perry about the Somers ports of call, details of ship operations, duties of officers, demeanor of the crew, exact location of the Somers at time of the executions, etc. Perry obviously had an exceptional memory, for he answered all questions precisely and without hesitation. If Norris thought Perry would give a different version of the executions, then he was disappointed, for Perry confirmed the testimony of Ganse and other witnesses. Repeated questions about events just prior to the executions were answered substantially the same as Ganse or with a claim that there was so much background noise that he was unable to hear what was said.
Mackenzie sat calmly and seemingly amused at times, never objecting and never interrupting. Toward the end of the interrogations, Norris glanced at Mackenzie every few minutes and scowled. He finally grew weary of his own questions and announced that that would be all for now. After court was adjourned, Norris openly complained that all the witnesses had been coached and he reckoned everyone on board the Somers had been corrupted by now. His remarks were not directed to anyone in particular. Some members of the court looked disturbed. Mackenzie gave Norris a quick glance but seemed no more interested in Norris’s remarks than he was in gathering up his papers on the table before him.
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The next day Neville and English testified that Spencer, Cromwell, and Small had been seen on as many as fifty occasions talking privately. Neville told of having seen Spencer with a yellowed piece of paper that appeared to have Greek lettering on it. Both witnesses testified that Seaman Clark told them that something drastic was about to happen. They thought he was fantasizing at the time, but these conversations could not be explored since Clark had recently jumped ship.
Billinger Scott was called. He said he was 14 and he was second class boy on board the Somers. Mackenzie asked, “Have you ever overheard any private conversation between Mr. Spencer
and Cromwell?”
“Yes sir, Mr. Spencer asked Cromwell if he could disguise the brigantine so we could sail into New York and no one would know it was the Somers. Cromwell said he could do it in damn short order by shipping the bowsprit aft.”
“What do you think he meant by that?” Mackenzie asked.
“When Cromwell said it, he gave me a little wink and I think he was just joshing Mr. Spencer, but Mr. Spencer seemed to take it serious like. I don’t know what Cromwell meant, it ‘twas just a hoot-in-the-dark for all I could tell.”
“Did you ever overhear any conversation between Mr. Spencer, Cromwell, and Small?”
“Yes sir, I heard Mr. Spencer ask Small how they captured slaves. Small said they went up the rivers in Africa, would anchor in the channel, and go ashore in a long boat. It was a lot of hard work carrying chains for the niggers. I forget what else.”
“Have you ever seen Mr. Spencer give liquor to Cromwell and Small?”
“Yes sir.”
“Have you ever seen Spencer give money or tobacco to any one?”
“Yes sir, he gave me tobacco for tending to his bunk.”
“Was this against orders?”
“Oh hell yes. I told him it was against the Captain’s orders, but he said if I got hauled up for it, he would stand between the Captain and me so I took it.”
“Were you Mr. Spencer’s hammock boy? Tell everything that Spencer may have told you concerning the mutiny.”
“He asked me how I would like to sail with him and I told him I would like that. He told me that when he was Captain he would rate me ‘Seaman.’ I liked that too. I thought he meant that he expected to be Captain in the U. S. Navy.”
“Did you ever see Mr. Spencer writing on anything?”
“One day I saw Mr. Spencer and Cromwell talking together and Spencer was holding a piece of paper and writing with a pencil.”
“Can you read and write? Did you see what he was writing?”
“I’m no ninny, I can read, but he was writing in a strange language.”
“Was it Greek.”
“I don’t know Greek, the letters looked like chicken-tracks.”
“Did either Spencer or Cromwell mention any names while Spencer was writing?”
“I wasn’t paying no mind, but Mr. Spencer got real mad when he saw me looking at the paper. He said he would cut my damn guzzle for buttin’ in his affairs.”
Norris asked Scott, “Were you Mr. Spencer’s hammock boy during all the cruise until his arrest?”
“Yes sir.”
“How long before Mr. Spencer’s arrest did you hear the conversation about disguising the Somers?”
“About a week.”
“Do not men spin yarns about such things? Have you not heard the seamen tell many stories about such things?”
“I’ve never heard yarns about disguising ships.”
“How long before Mr. Spencer’s arrest did you see him writing?”
“Near about the same time, one week.”
“When Mr. Spencer was writing, would not a piece of paper be soft and the pencil would punch through the paper?”
“Maybe, but he was gettin’ away with it.”
Captain Downes had Spencer’s Greek list given to one of the court officers and had him hold the list in his hand and make a few marks with a pencil. It did not punch through.
Judge Advocate Norris continued with Scott. “Did you like Mr. Spencer and serve him well?”
Scott answered slowly, “Fair to middling, I reckon.”
“Did Captain Mackenzie ever have you punished?”
“Yes sir, for smoking, for cussing, for slowness, and a few other things, I s’pose.”
Norris continued, “Did you feel his floggings were fair?”
Scott paused before replying, “Maybe not always.”
Mackenzie asked, “Did you dislike the Captain?”
Scott looked toward Mackenzie. “Oh, I didn’t dislike you sir, it’s just, well, beggin’ your pardon sir, but you’re just a little too toot-de-flute for me.”
Mackenzie smiled, “I don’t believe I’m familiar with the term, toot-de-flute.”
Scott dipped his head and grinned broadly, “Well, you know what I mean, sir, you’re sort’a lobster and I’m a shrimp.”
Even Norris smiled at this and Mackenzie said, “I guess I understand.”
Norris asked, “After the arrest of Mr. Spencer did you hear Cromwell or Small or anyone say anything about an attempt to rescue Mr. Spencer?”
“No sir.”
“After Cromwell and Small were arrested, did you hear any of the crew discuss a rescue attempt?”
“No.”
“Did you ever see the crew huddle in small groups and talk secretly?”
“We were so crowded, we couldn’t help but huddle most the time, but I don’t recall any secrets.”
Norris continued, “Did you know that your name was on Mr. Spencer’s alleged list of mutineers?”
“The hell you say! Don’t that beat all . . .”
“Did you ever tell Mr. Spencer that you would join him in a mutiny?”
“I’d never do that, sir.”
“Has Captain Mackenzie, Mr. Ganse, Mr. Perry, or any other person offered you any inducement to say what was not strictly the truth in this case?”
“Absolutely not, sir. I swear by the lord of the universe, strike me dead, if I’m not telling the truth.”
Norris said, “I have no more questions at this time.”
Scott seemed disappointed, he had been enjoying his moment in the sun. He said, “It’s been my great pleasure to appear before this August body.”
Captain Downes said, “The pleasure has been all ours, Mr. Scott.”
CHAPTER 39
Michael H. Garty, 29, the only marine on board the Somers, was called next.
Mackenzie asked, “As master at arms, did you shackle the prisoners in irons when they were arrested?”
“Yes sir.”
“Before his arrest did you have any conversation with Mr. Spencer that sounded mutinous?”
“I didn’t think much about it at the time, but about a week before his arrest, he approached me and made the remark that the Somers was a fine vessel. I agreed with him that she was. He then said he could take the Somers with six men. I laughed and said that he couldn’t take her with three times six. He said he would secure the Captain and officers first, and then take possession of the arms. When the crew saw his men with arms, he had no doubt they would give in immediately. I told him that after he had taken possession of the arms, we would rush him. There would not be more than six killed and we would throw him and his six men overboard. I told him that he must think us a very poor crew, that he could take us with six men. Oh no, said he, or something to that effect, as he went off.”
“Did he ever say anything about where the keys to the arms were kept?”
“In that same conversation, he said he could take the vessel, provided he knew where everything lay as well as I did, particularly the key of the arm chest. I told him nothing.”
Mackenzie continued, “Why did you not report to the Captain or Mr. Ganse what Spencer had said?”
“Knowing Spencer, I thought no more of it.”
“After Spencer, Cromwell, and Small were arrested, did you have any conversations with them or any of the crew that sounded mutinous?”
“No sir, everyone knew that my support of the officers was solid. They would not wish to talk to me.”
“Were you present at the time of Mr. Spencer’s arrest?”
“Yes sir.”
“Did you observe Mr. Spencer surrender a paper that was secreted in his neckerchief?”
“Yes sir.”
“Did you see what was written on the paper?”
“No sir, I overheard the Captain say that it was a list of names written in Greek.”
“Did you search Mr. Spencer at the time of his arrest?”
“No sir, I think Mr. Ganse
did that while I had gone below to fetch irons for Mr. Spencer. Mr. Ganse did all the searching of Spencer’s belongings.” Norris had been following Garty’s testimony with interest, but on the last question he picked up his pencil and wrote a quick note to himself.
Mackenzie led Garty through his participation of the hangings in lengthy detail. Garty had good recall of the events, but his remarks did not add or contradict what previous witnesses had testified to. Norris fidgeted while waiting his chance to question Garty.
He started with, “Mr. Garty, you stated that Mr. Ganse searched Mr. Spencer’s belongings. Are you implying that he searched Mr. Spencer’s locker, ditty bag, or any other belongings of Mr. Spencer?”
“I think he gave Mr. Spencer a body search at the time of his arrest. Later he asked me to bring him a new lock for Mr. Spencer’s locker. I observed him searching the locker when I delivered the new lock.”
“Did you help him search the locker and what did you find?”
“I didn’t help him, I just handed him the lock.”
“Did you see any of the items that were in Mr. Spencer’s locker?”
Garty thought for a few seconds. “There were clothes, bottles of rum, a few letters, shaving things, books I think. That’s about all I remember.”
Mackenzie objected on the grounds that Garty’s testimony was not reliable because he had only seen the items for just a few seconds. Norris protested that all of the items should be entered as evidence and particularly any logs, papers, books, and the letters. Mackenzie responded that the items were not germane to this case and he saw no need to enter them as evidence. Norris requested that the court order all of Spencer, Cromwell, and Small’s personal items be brought in for the court to decide what was relevant. Without consulting the other jurors, Captain Downes said, “So ordered.”