"The eye of Mr. Spencer travelled perpetually to the masthead, and cast thither many of those strange and stealthy glances which I had before noticed."
The commander nowhere tells when and how he had previously seen these sinister glances—certainly not before the revelations of Wales, as, up to that time, he was anxious before the court-martial to show that Spencer was kindly regarded by him. But the glances. What more natural than for Spencer to look at such a startling scene! a boy falling in the wreck of a broken mast, and tumbling shrouds, from fifty feet high: and look he did—a fair and honest look, his eyes steadfastly fixed upon it, as proved by the commander's own witnesses on the court-martial—especially midshipman Hays—who testified to the fixed and steady look; and this in answer to a question from the commander tending to get a confirmation of his own report. Nor did any one whatever see those strange and furtive glances which the commander beheld. Now to the breaking of the mast. This incident was reviewed at the time by two competent judges—Mr. Fenimore Cooper, the naval historian, and himself an ex-naval officer, and Captain William Sturgis of Boston, one of the best navigators that Boston ever bred (and she has bred as good as the world ever saw). They deemed the breaking of that slender, elevated, unbraced mast the natural result of the order which the commander gave to set the skysail, going as the vessel then was. She was in the trade-winds, running into West Indies from the coast of Africa, and running "large," as the mariners express it; that is to say, with the wind so crossing her course as to come strong upon her beam or quarter, and send her well before it. With such a wind, these experienced seamen say that the order which the commander gave might well break that mast. It would increase the press of sail on that delicate and exposed mast, able to bear but little at the best, and often breaking without a perceptible increase of pressure upon it. But the order which he gave was not the one given to the men. He gave his order to his relation, Mr. O. H. Perry, to have a small pull on one brace; instead of that the order given to the men was, to haul, that is, pull hard, on another; which was directly contrary to the order he had received—one slacking, the other increasing the press of sail. Under that order the men with alacrity threw their whole weight on the wrong brace; and the mast cracked, reeled, and fell immediately. The commander himself saw all this—saw the fault his nephew had committed—sent for him—reproved him in the face of the crew—told him it was his fault—the effect of his inattention. All this was fully proved before the court-martial. Perry's own testimony admitted it. Thus—questioned by the judge advocate: "After the mast was carried away were you sent for by the commander?" Answer: "Yes, sir." "Who came for you?" A. "I don't recollect the person." "Was it not McKee?" A. "I don't recollect." "What then occurred between you and the commander?" A. "He asked me why I did not attend to my duties better? and said I must do it better in future." "What was the commander alluding to?" A. "To my not attending to the brace at the time they were hauling on it." "Did he say to you, 'this is all your fault, sir?' or words to that effect?" A. "I don't recollect." "What reply did you make the commander?" A. "I did not make any. I said, I think, that I understood the order to haul on the brace." There was also something else proved there, which, like the other, was not reported in the commander's account of that portentous event, which was the immediate cause of a new and terrible line of conduct. First, there is no mention on the log-book of this rush of the men aft: secondly, there is no mention in it of any suspected design to carry away this topgallant mast. The commander was seeing when he wrote his report what the keeper of the log-book did not see at the time it should have happened. And this point is here dismissed with the remark that, in this case (the men coming fast to the work) was the sign of guilt: in other cases, coming slow was the same sign: so that, fast or slow, from the time Wales made his revelation, to the time of hanging, all motions, however opposite to each other, were equally signs of the same guilt. The account of this incident being given, the report proceeds:
"The wreck being cleared, supper was piped down before sending up the new mast. After supper the same persons mustered again at the mast head, and the topgallant mast was fidded, the light yards crossed, and the sails set. By this time it was dark, and quarters had been unavoidably dispensed with: still I thought, under all the circumstances, that it was scarcely safe to leave Cromwell at large during the night. The night was the season of danger. After consulting Lieutenant Gansevoort, I determined to arrest Cromwell. The moment he reached the deck, an officer was sent to leeward to guard the lee-rigging; and the main stays were also thought of, though not watched. As his voice was heard in the top, descending the rigging, I met him at the foot of Jacob's ladder, surrounded by the officers, guided him aft to the quarter-deck, and caused him to sit down. On questioning him as to the secret conversation he had held the night before with Mr. Spencer, he denied its being he. He said; 'It was not me, sir, it was Small!' Cromwell was the tallest man on board, and Small the shortest. Cromwell was immediately ironed; and Small, then pointed out by an associate to increased suspicion, was also sent for, interrogated, and ironed. Increased vigilance was now enjoined upon all the officers; henceforward, all were perpetually armed. Either myself, or the first lieutenant was always on deck; and, generally, both of us were."
Two more were now arrested, and in giving an account of these arrests, as of all others (fifteen in the whole), the commander forgets to tell that the arrested persons were bagged, as well as double-ironed and handcuffed, and their irons ordered to be examined every half hour day and night—a ceremony which much interfered with sleep and rest. And now for the circumstances which occasioned these arrests: and first of Cromwell. There are but two points mentioned; first, "under all the circumstances." These have been mentioned, and comprise his looks and attitudes at the morning inspection, and his haste in getting to the scene of the wreck when the mast fell. The next was his answer to the question upon his secret conversation with Spencer the night before. This "night before," seems to be a sad blunder in point of time. Spencer was in irons on the larboard arm-chest at that time, a guard over him, and holding his life from minute to minute by the tenure of silence, the absence of signs, and the absence of understanding looks with any person. It does not seem possible that he could have held a conversation, secret or public, with any person during that night, or after his arrest until his death; nor is any such any where else averred: and it is a stupid contradiction in itself. If it was secret, it could not be known: if it was open, both the parties would have been shot instantly. Upon its stupid contradiction, as well as upon time, the story is falsified. Besides this blunder and extreme improbability, there is other evidence from the commander himself, to make it quite sure that nobody could have talked with Spencer that night. The men were in the hammocks, and the ship doubly guarded, and the officers patrolling the deck with pistols and cutlasses. Of this, the report says: "That night the officers of the watch were armed with cutlasses and pistols, and the rounds of both decks made frequently, to see that the crew were in their hammocks, and that there were no suspicious collections of individuals about the deck." Under these circumstances, it would seem impossible that the previous night's conversation could have been held by any person with Mr. Spencer. Next, supposing there was a secret conversation. It might have been innocent or idle; for its subject is not intimated; and its secret nature precludes all knowledge of it. So much for Cromwell: now for Small. His case stands thus: "Pointed out by an associate to increased suspicion." Here association in guilt is assumed; a mode of getting at the facts he wanted, almost invariable with the commander, Mackenzie. Well, the answer of Cromwell, "It was not me, it was Small!" would prove no guilt if it was true; but it is impossible to have been true. But this was only cause of "increased" suspicion: so that there was suspicion before; and all the causes of this had been detailed in the official report. First, there were the causes arising at inspection that morning—faultless cleanliness, shifting his battle-axe from one hand to the other, resting alternately on the legs, and a ghastly look—to wit: a ghostly look. He was interrogated: the report does not say about what: nor does it intimate the character of the answers. But there were persons present who heard the questions and the answers, and who told both to the court-martial. The questions were as to the conversation with Spencer, which Wales reported; and the answers were, yes—that he had foolish conversations with Spencer, but no mutiny. Still there was a stumbling block in the way of arresting Small. His name was nowhere made out as certain by Spencer. This was a balk: but there was the name of a man in the list who was not in the vessel: and this circumstance of a man too few, suggested an idea that there should be a transaction between these names; and the man on the list who had no place in the ship, should give place to him who had a place in the ship, and no place on the list: so Small was assumed to be Andrews; and by that he was arrested, though proved to be Small by all testimony—that of his mother inclusive.
The three prisoners were bagged, and how that process was performed upon them, they did not live to tell: but others who had undergone the same investment, did: and from them the operation will be learnt. With the arrest of these two, the business of Sunday closed; and Monday opened with much flogging of boys, and a speech from the commander, of which he gives an abstract, and also displays its capital effects:
"The effect of this (speech of the 28th) upon the crew was various: it filled many with horror at the idea of what they had escaped from: it inspired others with terror at dangers awaiting them from their connection with the conspiracy. The thoughts of returning to that home, and those friends from whom it had been intended to cut them off for ever, caused many of them to weep. I now considered the crew tranquillized and the vessel safe."
Now, whether this description of the emotions excited by the captain's oratory, be reality or fancy, it is still good for one thing: it is good for evidence against himself! good evidence, at the bar of all courts, and at the high tribunal of public opinion. It shows that the captain, only two days before the hanging, was perfect master of his ship—that the crew was tranquillized, and the vessel safe! and all by the effect of his oratory: and consequently, that he had a power within himself by which he could control the men, and mould them into the emotions which he pleased. The 28th day came. The commander had much flogging done, and again made a speech, but not of such potency as the other. He stopped Spencer's tobacco, and reports that, "the day after it was stopped, his spirits gave way entirely. He remained the whole day with his face buried in the gregoe and when it was raised, it was bathed in tears." So passed the 28th. "On the 29th (continues the report) all hands were again called to witness punishment," and the commander made another speech. But the whole crew was far from being tranquillized. During the night seditious cries were heard. Signs of disaffection multiplied. The commander felt more uneasy than he had ever done before. The most seriously implicated collected in knots. They conferred together in low tones, hushing up, or changing the subject when an officer approached. Some of the petty officers had been sounded by the first lieutenant, and found to be true to their colors: they were under the impression that the vessel was yet far from being safe—that there were many still at liberty that ought to be confined—that an outbreak, having for its object the rescue of the prisoners, was seriously contemplated. Several times during the night there were symptoms of an intention to strike some blow. Such are a specimen of the circumstances grouped together under vague and intangible generalities with which the day of the 29th is ushered in, all tending to one point, the danger of a rescue, and the necessity for more arrests. Of these generalities, only one was of a character to be got hold of before the court-martial, and it will take a face, under the process of judicial examination of witnesses, very different from that which it wore in the report. After these generalities, applying to the mass of the crew, come special accusations against four seamen—Wilson, Green, McKee, McKinley: and of these special accusations, a few were got hold of by the judge advocate on the court-martial. Thus:
1. The handspike sign.—"Mr. Wales detected Charles A. Wilson attempting to draw out a handspike from under the launch, with an evident purpose of felling him; and when Wales cocked his pistol, and approached, he could only offer some lame excuse for his presence there."
This is the amount of the handspike portent, as reported to the Secretary of the Navy among the signs which indicated the immediate danger of the rising and the rescue. This Wales, of course, was a witness for the commander, and on being put on the stand, delivered his testimony in a continued narrative, covering the whole case. In that narrative, he thus introduces the handspike incident:
"I then went to the stern of the launch, found Wilson had a number of small holystones collected there, and was endeavoring to pull a gun handspike from the stern of the launch: what his intentions were I don't know. I cocked a pistol, and ordered him in the gangway to draw water. I told him if I saw him pulling on the handspike, I should blow his brains out."