by Bob Brown
Mackenzie had him repeat once again the story about Wales telling Heiskill of Spencer’s mutiny plans and Heiskill telling Ganse and Ganse telling Mackenzie.
Mackenzie then asked, “How did the Captain react to the news that Spencer was planning a mutiny?”
“I was astonished that he did not believe it at first. He laughed and said that Spencer was just a rambunctious boy and that a little discipline would bring him down to earth. As I explained more details, he decided that he should look into it. Later in the day he asked me what I would recommend if I was in his place. I told him that I thought it was a very serious matter and that Mr. Spencer should be placed in irons on the spar deck. He replied that he was glad to hear that for he had decided himself to do that. The Captain said that with Spencer’s reputation for lying, he could not believe anything that he’d say, but that he would confront Mr. Spencer and see if he really had a list in his neckerchief.”
Upon Mackenzie’s request Ganse explained about Spencer’s arrest. He said Mackenzie told Spencer he had information that he aspired to take the Somers and murder all the officers. Spencer confessed to saying some things but that it was all in joke. Ganse described how Mackenzie had ordered Spencer to surrender his neckerchief. Spencer removed his neckerchief under protest and indeed a note written in Greek was found inside it. Ganse explained that he personally searched Spencer and found only some scraps of paper and a broken pipe.
Ganse told how Spencer was placed in irons and Mackenzie ordered that if he communicated with anyone that he was to be shot. Ganse explained that Spencer asked to speak to him the next morning after his arrest and told him that he had a habit of joking about mutinies and he’d done it on the other ships he had been assigned to. While talking to him I asked about Cromwell and Small’s involvement and he said Cromwell knew nothing about it but he’d joked to Small about it.
Mackenzie asked, “Explain as best you can the circumstances of Cromwell’s and Small’s arrest.”
Ganse’s testimony had been listless and he had droned on in a monotone. This question caused him to perk up and had the earmarks of his having relived the event many times. “A harrowing experience, gentlemen. Near sundown on November the 27th, a storm was brewing, the skies were black. High winds often precede a storm so I ordered Midshipman Hayes to furl the topsails. Hayes interrupted Cromwell and Small talking at the bitts and told Small and several boys to go aloft to do the chore.
“I noticed Cromwell go below at this time and I became alarmed when he came back with Wilson, McKinley, Green, and McKee. All of these men were on Spencer’s Greek list. I thought if they had been waiting for some diversion to free Spencer, then this event might accommodate their sinister plans. It had become dark, the wind began to blow in gusts. The Somers was heeling mightily, and topsails are fragile. In the gloom I could barely see a boy named Gagely pulling in the topsail and I could see Small pulling overly hard on the topsail brace. Hayes and I commenced hollering for Small to belay, but he ignored us. Sure enough the topsail mast was carried away the rigging, Gagely, and all came crashing down. I calculated Gagley to be either blown to sea or killed when he hit deck. By the grace of God, Gagely grabbed a line on the way down. This slowed his descent saving his soul.
“I was convinced by then that this was a deliberate diversion and no good could come from it. I ordered Small down with the intention of having him arrested. He ignored me, and Cromwell, Wilson, McKinley, Green, and McKee started up the Jacob’s ladders without being ordered. There was no doubt by then that they had an evil plan. You could see Cromwell and his cohorts were talking and they had no interest in securing the broken rigging. I ordered Hayes to go up and tell them to come down. They came down and formed a group. My heart stopped when they rushed me with belaying pins for weapons led by Cromwell. I readied my pistol and fired a warning shot over Cromwell’s head. My shot convinced Cromwell that his plan had failed and I ordered Cromwell and Small to be put in irons. Since deck space was scarce, I didn’t have Wilson, McKinley, Green, and McKee placed in irons.” Ganse was wound tight and would have kept talking except Mackenzie indicated that he wanted to interrupt.
Mackenzie was afraid Ganse might become carried away with his story telling and over dramatization would diminish the value of his testimony. He was amused at how Ganse’s courage had improved remarkably since the incident had occurred. Ganse had said at the time that his pistol had fired accidentally; quiet contrary to his wish that Ganse had lodged a ball deep in Cromwell’s skull. He accepted Ganse’s version without misgivings for it might serve better for his case than the version he remembered. Even so, he felt it would be better if he exercised more control over Ganse’s testimony. He asked, “Did the arrest of Cromwell and Small reduce the tension aboard the Somers?”
“No sir, the crew became more unruly than ever. An attempt to free the prisoners seemed imminent.”
Judge Advocate Norris asked, “Did Cromwell or anyone tell you that it was their intention to take the Somers by force?”
Ganse replied, “I don’t recall them actually saying that, but their actions were clear enough.”
“You said the crew was unruly. In what manner were they unruly?”
“By pretending not to hear orders, being very slow with their chores, and doing sloppy work, by being sullen and disrespectful of the officers, and we were continually breaking up groups.”
“Were they punished for these infractions?”
“They were punished often and severely, but they took pride in suffering punishment and would continue to be unruly.”
Mackenzie asked Ganse, “Did it eventually become necessary to take more prisoners?”
“Yes sir, just before the executions, we had to place Wilson, McKinley, Green, and McKee in irons to quash any attempt they might make to free the prisoners.”
Ganse’s hands were moving in rapid little jerks and he was placing his weight on first one foot then the other like a school boy in desperate need of toilet facilities. Mackenzie suspected that a more urgent need for Ganse would be a generous slug of rum. Mackenzie addressed the court, “Gentlemen I expect the next questions will be lengthy and since the hour is late, this might be a good place to adjourn.”
Captain Downes and the court agreed. Ganse smiled and nodded. His testimony was read back to him and the court was adjourned for the day.
CHAPTER 36
The next morning Mackenzie began his interrogation of Ganse by first getting the court to rule on the admissibility of a letter. After Judge Advocate Norris read the letter, Downes gave a flip of the hand indicating that Mackenzie could proceed. Mackenzie handed the document to Ganse. “Do you recognize this document and if so please summarize what it says?”
A night’s rest should have refreshed Ganse but he still looked tired. His clothes looked wrinkled as if he had worn them all night. He spoke softly and haltingly apparently in search of appropriate words. “I do recognize the document. It is a letter of instructions dated November 28th that Captain Mackenzie handed to me in person. It names the prisoners Spencer, Cromwell, and Small, and alludes to the serious disaffection of the crew. He requested that a goodly portion of the officers convene for the purpose of recommending to him the best course of action to pursue considering all of the contingencies. It is signed by the Captain and includes a list of officers that will make up the council. They are Lieutenant Ganse, Surgeon Leecock, Purser Heiskill, Acting Master Perry, Midshipman Rogers, Midshipman Thompson, and Midshipman Hays.”
Mackenzie asked, “Did you carry out the instructions of this letter?”
“We did sir, we met in careful deliberations over several days.”
“Describe to the court what this council of officers concluded?”
“We concluded that an undetermined number of the crew would attack the loyal officers before we reached Saint Thomas and that they would attempt to free Spencer, Cromwell, and Small. If they were successful the officers and many of the crew would be murdered and the So
mers would become a pirate ship. Under these conditions, we had no alternative but to recommend that Spencer, Cromwell, and Small be executed.”
Mackenzie submitted another document for the court’s permission to use as evidence. When Captain Downes motioned for him to continue, he handed the document to Ganse. “Do you recognize this document as the letter you delivered to Captain Mackenzie specifying the recommendations of the council of officers?”
“I do, sir.”
Mackenzie folded his arms and leaned back slightly. “Mr. Ganse, please read this letter to the court?”
Ganse cleared his throat and began.
“U. S. Brigantine Somers
November 29, 1842
Captain Mackenzie,
In answer to your letter requesting our counsel as to the best course to be pursued with the prisoners, Acting-Midshipman Philip Spencer, Boatswain Mate Samuel Cromwell, and Seaman Elisha Small, we would state that the evidence which has come to our knowledge is of such a nature as, after as dispassionate and deliberate consideration of the case as the press of time would admit, we have come to a cool, decided, and unanimous opinion that they have been guilty of a full and determined intention to commit a mutiny on board of this vessel of a most atrocious nature. The uncertainty as to what extent they are leagued with others still at large and the impossibility of guarding against the contingencies of which ‘a day or an hour may bring forth,’ we are convinced that it would be impossible to carry them to the United States and that the safety of the public property, the lives of ourselves, and of those committed to our charge, require that they should be put to death in a manner best calculated as an example to make a beneficial impression upon the disaffected. This opinion we give, bearing in mind our duty to our God, our country, and to the service.
We are sir, very respectfully, your obedient servants,
Lieutenant Ganse
Acting Master Perry
Midshipman Rogers
Surgeon Leecock
Purser Heiskill
Midshipman Thompson
Midshipman Hays”
Mackenzie said, “Thank you Mr. Ganse. If it were possible, would you today, in hindsight, rewrite that document with different recommendations?”
After a barely perceptible hesitation, Ganse said, “Absolutely not, sir. I . . .”
Judge Advocate Norris objected and Mackenzie gladly withdrew the question since Ganse had already answered, and he was uneasy about what else Ganse might have added to his reply.
Norris asked, “In the deliberations of the officer’s council, how many witnesses did you interview?”
Ganse frowned and seemed to be thinking, “Not many.”
“Did you interview Spencer, Cromwell, or Small and give them a chance to answer the very serious charges leveled against them?”
“We did not interview the prisoners.”
“Who then, Mr. Ganse, represented the prisoners?”
Ganse fidgeted and gave a little impulsive shrug, his fingers diddled the sides of his trousers furiously. “The council considered the welfare of all on board, including the prisoners.”
“But Mr. Ganse, was there anyone who spoke on behalf of the prisoners?”
Mackenzie objected on the grounds that Ganse had already answered the question. He was facing the jurors and was unaware of the emotional pressures building inside Ganse.
Ganse grimaced and suddenly pounded the air with both fists. In a high pitched distressed voice, he said, “I for one had the welfare of the prisoners in my heart. I didn’t want to see anyone die. The prisoners were executed because there wasn’t any other way. I didn’t want them to die. Oh God, I didn’t want them to die, but there was no other way just no other way.” Tears rolled down his cheeks.
The surprised Mackenzie seized the moment, “Gentlemen, Mr. Ganse’s strong feelings on this matter eloquently expresses the opinion of all of the officers. Of course no one wanted those men executed.”
Norris jumped to his feet and proclaimed loudly, “Objection. Mr. Mackenzie is expressing an opinion before all the officers have been interrogated and therefore he is out of order at this time.”
Ganse whimpered. Captain Downes banged his gavel.
Mackenzie calmly replied, “Mr. Norris is right to object. I’m sorry, gentlemen.” and he sat back in his seat with one of his typically undefined expressions to camouflage the fun of the moment contained in his chest.
Ganse struggled courageously to regain his composure and blotted the tears from his cheeks. Norris continued, “Mr. Ganse, you said that the officer’s council did not interview many witnesses. How many did they interview?”
“I don’t recall.”
“About how many?”
“For the safety of all on board, our deliberations were kept secret, so we couldn’t interview the crew.”
Norris persisted, “Did you interview ten men, five, three, two, one. Did you interview anyone, Mr. Ganse?”
“I don’t recall anyone right now.”
“No one then, Mr. Ganse?”
“Perhaps, no one at that time. Mr. Perry and I had already interrogated the crew after Mr. Spencer’s arrest.”
“But the council of officers didn’t interrogate anyone?”
“That may be correct, yes.”
“After Mr. Spencer’s arrest, did you interrogate all of the crew?”
“Not all.”
“How many did you interrogate?”
“I don’t recall.”
“Fifty, forty, twenty, about how many, Mr. Ganse?”
“Perhaps half a dozen.”
“Oh, six! What were the names of these six?”
“I recall Cromwell and Small.”
“What did Cromwell testify to?”
“It soon became apparent that none of the crew was going tell us anything that we could believe.”
“One-hundred and twenty men on board and you couldn’t believe anyone?”
“Of the ones that could tell us anything about the mutiny, we could not believe any of those.”
Norris appeared exasperated, probably more for show than actual. “Very well, Mr. Ganse.” He reviewed his notes, “Now Mr. Ganse, early on, you named some men whose names appeared on a Greek list. What did you mean by Greek list?”
“That was a list of names written in Greek that was taken off Mr. Spencer’s person at the time of his arrest.”
“Did you see Mr. Spencer surrender this list?”
“Yes sir.”
“Did you read the list personally?”
“No sir, I saw the list in Captain Mackenzie’s cabin, but I can’t read Greek.”
“Do you know if Captain Mackenzie can read Greek?”
“He said he could not.”
“Who then, read the list?”
“Mr. Rogers read the list.”
“Could Mr. Rogers have substituted a list of his own names or changed some names while he was translating it?”
“Impossible, I never let the list out of my sight, and anyway, Mr. Rogers is an honest and honorable man.”
Norris said, “I see. Well whose names did Mr. Rogers say were on the list?”
“Small, Wilson, McKinley, Green, McKee, Wales maybe, I don’t recall the others right now.”
“You claim these were men out to murder you, Mr. Ganse, and you say you don’t remember them.” Before Ganse could answer, Norris continued, “I didn’t hear Samuel Cromwell’s name, does that mean he was not involved in the alleged mutiny attempt?”
“No, not at all, some names were coded or illegible, and we couldn’t tell who was intended for those.”
“Did you or any of the officers ask Small if he was engaged in a plot to commit mutiny with anyone on Spencer’s list?”
Ganse gazed at an overhead beam for a second and stuttered, “I b-b-believe I may have, I think I asked Small, well I’m not certain I asked Small or Mr. Spencer. I am under the impression I asked one or the other, I’m not positive, I don’t recollect Si
r.”
Norris said, “That is all I have for now. Please let the court know if your memory improves, Mr. Ganse, for I have some simple questions to ask you.”
Mackenzie objected. He said Norris’s sarcasm was out of place.
Captain Downes agreed. The objection was sustained and the court was adjourned.
CHAPTER 37
Mackenzie opened the session by asking Ganse about the day of the executions. “In your opinion, Mr. Ganse, did the Captain carry out the executions in an orderly and dignified manner?”
Ganse seemed refreshed compared to the last session. “Yes sir, very orderly, very dignified.”
“Did the Captain chide the prisoners, ridicule them, or in any way use abusive language with them.”
“No sir, the Captain could not have treated them more kindly. He was like a concerned father, so to speak.”
“What was the tone of Captain Mackenzie toward Mr. Spencer immediately before the execution? Was it harsh or was it sympathizing? Was it courteous or was it disdainful?
“It was sympathizing, courteous.”
Norris asked, “Were the prisoners offered a bible and a chance to pray, were they offered a chance to write a message for their families? Please explain.”
“I think the Captain had a bible but I do not recall if they used it. Perhaps Mr. Spencer did. If they had wanted to write a message I’m sure the Captain would have permitted them to do so. Mr. Small requested to speak to his shipmates and he confessed his guilt and admonished the crew to observe his example and never succumb to temptation as he had. Mr. Cromwell was obnoxious in his belligerence and refused to admit any guilt. Captain Mackenzie may have taken some notes from Midshipman Spencer for a message to his family.”
