JAG (1995–2005): Season 6, Episode 23 - Mutiny - full transcript

MAN 1: Ready port gun!

MAN 2: Ready port gun!

Ready your lines.

Ready your lines!

Sir, will you forgive me?

Have no fear, Mr. Spencer,

God will extend you mercy.

And you, my son.

And you.

Beat the call!

MAN 2: Beat the call!



( drum beating "Call to Colors")

Fire!

SIMS: It's quite
an honor, Colonel...

Lecturing at the Naval Academy.

Be more of an honor

if I finish writing the lecture

before it's time
to start giving it.

Isn't this a bad week
to be doing this?

Six days before my wedding

I was yelling at some
caterer about an ice swan.

Did it help? Nothing helped...

until I walked into that church

and I saw Bud waiting
for me at that altar.

RABB: An early
wedding present, Mac.



Lieutenant.

Sir.

Printed from microfilm.

Complete coverage
of the Somers affair

in the New York
Commercial Advertiser

1842 and 1843.

You know, I could
exchange it for a blender.

No, that's very
thoughtful of you.

You, of course, know

that that's not the real gift.

I know, but you
wouldn't happen to have

a lecture in your
pocket, would you?

Fascinating case.

Wish I could hear
what you had to say.

Oh, me, too.

Mmm... the captain's
name was MacKenzie?

Alexander Slidell MacKenzie.

Friend of Washington Irving and
Henry Wadsworth Longfellow...

An author himself.

Was related by marriage
to Commodore Perry.

And to you, ma'am?

No, but the name
got me interested.

He had an impeccable
reputation as a naval officer.

Well, until his cruise
on the USS Somers.

What happened? Shipwreck?

No, worse.

Ready your lines.

Beat the call!

Beat the call!

( drum beating "Call to Colors")

Fire!

Whip!

( ropes creaking)

( knocking)

Come in.

First Lieutenant Gansevoort

reporting to the
Secretary of War.

At ease, Lieutenant.

Thank you, sir.

You come from the Somers.

How is Commander MacKenzie?

Well, sir.

We docked in New York on Monday.

You traveled very
swiftly to see me. Why?

Sir, the Commander has sent
me to inform you of certain events.

I regret to inform you that our
voyage was troubled by a mutiny.

Mutiny?

Yes, sir.

And Commander
MacKenzie, the ship, are well?

All is well, sir, except for three
mutineers who were hanged.

Hanged? Where?

At sea.

It is my sad duty, sir,

to report that one of
them was your son.

Philip?

Sorry, sir.

He led the mutiny.

SIMS: The son of the Secretary

of War?

Philip Spencer... bright,
but a drinker, a brawler...

He spent three years
as a college freshman

before being expelled.

His father got him
appointed a midshipman

just to straighten him out.

( door closes)

Sir. Sit.

I'm looking for
Albritton's Law of the Sea.

Oh, sir, that should
be in your office...

or, uh, or right here, sir.

Philip Spencer had been
obsessed with pirates

since he was a teenager.

His plan, apparently, was
to take over the Somers

and turn it into a pirate ship.

What did he do?

Storm the decks, pistols
blazing, swords drawn?

Actually, the mutiny
never happened.

The captain must have had
good reason to think that it would.

That question was raised

by, among others,
the Secretary of War.

The Navy convened
a court of inquiry.

MacKENZIE: I think you
gentlemen for this opportunity

to explain what befell my ship,

since we embarked New
York, 13 September last

on a training mission
for young sailors

and officers.

The officers, as a group,

I was pleased to receive...

except Midshipman Spencer.

You began the voyage
displeased with him, Commander?

I'd heard reports, sir,

of libertine behavior
and casual disrespect.

On a previous ship?

Yes. But on the Somers

I soon saw the character
of the man for myself.

( men laughing)

And then she says to me

"Spencer, where would
you bury your chest?"

( laughing)

Mr. Spencer...

report.

Sir?

A Naval officer does not report

to his captain holding a cigar.

Well, it's a fine cigar, sir.

If you refuse to honor
your officer's uniform

and properly
supervise your men...

I will strip you of it.

And you will clean the deck

and they will smoke cigars.

Dismissed.

Aye, aye, sir.

Back to work...

or I'll flog you myself.

Get back to work. Sir.

You hear the captain, Wales?

He requests I attend
better to my duties.

Then perhaps you should.

I'd like to catch him on
the roundhouse one night...

Plunge him overboard.

Perhaps I shall do that.

Damned if I don't.

Improper and punishable...

but he is not the first young
officer to denounce his captain.

A few days later, he
approached my master-at-arms.

A fine day, sir.

As you were, Sergeant.

Aye, sir.

And a fine ship
with which to enjoy it.

Nothing in the
fleet can catch her.

I suppose not, sir.

But has the Navy a need
to catch her own ships?

( chuckles)

I could take her with six men.

You couldn't with
three times six.

Six men, Sergeant...

providing their leader knows
the lay of the ship as I do.

We would seize the
captain and the officers

and take the arms
chest, and when the rest

of the crew see my men in arms

they will all come over.

The officers have swords, sir.

And your six would have...

We would run them
through with their own swords

and heave their
bodies into the sea.

Things came to a
head a few nights later.

( Irish jig playing)

SPENCER: Do you
fear death, Wales?

( chuckles)

Are you afraid to kill a man?

I don't know, Mr. Spencer.

Is there someone I must kill?

Can you keep a secret?

I can.

I'm planning on taking the ship.

( chuckles)

You cannot be serious?

Good God.

I have 20 men with me.

Their names are on a piece
of paper, in secret writing.

Two of them are going to
stage a fight on the fo'c'sle.

When the officer on the
deck comes to settle the matter

he will be thrown overboard.

And the other officers?

We will surprise them
in their wardroom.

Kill them all there.

Call the crew on the deck,

select the ones that we want

and toss the rest over the side.

Why? Why?

Why, then we commence
cruising for prize vessels.

As pirates?

Yes. Can you imagine
a better life, Wales?

Treasure... freedom...

and some of the ships
we take will have women.

( chuckles)

Will you join us?

It is...

intriguing.

Wales, it would be a waste
to throw you overboard.

I want you as my third officer.

We'll talk again.

If you lisp a syllable
about this to anyone

20 men stand ready to
put a knife in you, aye?

Nevertheless, Mr. Wales
found the courage

to report the conversation.

I had Mr. Spencer
placed under arrest

and his quarters searched.

Lieutenant Gansevoort
found this in his shaving kit.

Written in Greek letters,
but easy to decipher

a list of accomplices...

Two of whom I also arrested.

Commander, your
intentions at the time

were to bring these men
home for court-martial

as prescribed by
the Articles of War?

Yes, sir, but I did
not have that luxury.

It seems to me, Commander,

that it is they who
were denied a benefit.

Then you, sir,

need to understand
the situation.

The Somers is swift, but small.

There is no place to
hold men under arrest

other than on the deck
with the rest of the crew...

Some of whom may
be their accomplices.

Some of the
accomplices we knew...

others we did not.

Overall, the crew became
sullen, disobedient.

Whispered conversations broke
up when officers approached.

My officers stood
double watches.

They grew exhausted...

and they were vulnerable, sir.

And the men under arrest,

they remained
confident and insolent.

What other explanation

than they were
expecting to be rescued?

I referred the matter to
a council of my officers

who met independently of me

and concluded we
had no other alternative

than to rig the gallows.

That was the most
terrible decision of my life.

But I would do it again, sir,

for the sake of my
duty to my ship...

to my country...

and to my God.

Commander MacKenzie,

we have heard your
evidence and that of your crew,

and we have concluded

that owing to difficult conditions
aboard the USS Somers

and the demonstrated
malefactions

of the mutineers aboard her

your actions were justified

in every respect.

We stand adjourned.

( pounds gavel)

I told you, darling,

there was nothing to fear.

I had faith in you, Alexander.

I did not know if they would.

Congratulations, sir.

It's been a pleasure
serving under you.

Congratulations, sir.

Thank you.

My dear, let's go home.

Forgive me, Commander,

if I don't offer my
congratulations.

Mr. Secretary, I am sorry.

Things had to
turn out as they did.

"Had to," Commander?

You had no options?

The court just
found that he did not.

With all due respect, ma'am,

your husband's
reputation is still at stake.

Sir, I would gladly
defend my reputation

in any venue you propose.

Excellent.

I propose a court-martial.

Allow me to introduce
Commander Norris,

who will serve as trial council.

Commander. Ma'am.

You would prosecute me,
Commander, on what charge?

Among others, three
counts of murder, sir.

MacKENZIE: The Naval Academy

exists today.

You are at Annapolis today

because of what happened
on a training mission

of the USS Somers 159 years
ago, where the need for some

better method of training

Naval officers was
tragically demonstrated.

( chuckles)

That's an understatement.

But it's a key point, Mic.

There's so many key points.

I was hoping this would
be a relaxing break

from planning the wedding.

No worries. It's
all under control.

Is it?

The caterer called me
today about our check.

You delivered it by 5:00, right?

Right.

Okay, and you faxed

the new song list to the band?

Yeah. More Motown.

And did you call the airline

about Chloe flying alone?

I'll call them tomorrow.

Tomorrow?

Tomorrow.

Am I on trial here?

NORRIS: First charge,

Conduct Unbecoming an Officer.

Second charge, Oppression.

Third charge,
Unnecessary Cruelty.

Fourth charge,
Illegal Punishment.

Fifth charge, Murder on
Board a United States Vessel

on the High Seas.

JUDGE: How does
the defendant plead?

Not guilty.

Will the court
admit into evidence

the record compiled
by the court of inquiry...

No objections.

Whose verdict
exonerated my client?

The court may
have exonerated him,

but the record does not.

Commander, shall we
proceed to witnesses

and save the argument for later.

Yes, sir.

I call Sergeant Michael
Garty to the stand.

Sergeant, do you swear

that the evidence
you give in this case

shall be the truth,
the whole truth

and nothing but the
truth, so help you God?

Yes, sir.

Be seated.

Sergeant...

The record of the
Board of Inquiry

includes an account of
a conversation you had

with Midshipman Spencer
during which he said

he could take the USS
Somers with six men?

That's right, sir.
That's what he said.

Sergeant, were you acquainted
with Midshipman Spencer

before that conversation?

We all knew him, sir.

By "we" you mean the common
sailors on board the ship?

Yes, sir.

Uh, Mr. Spencer was
quite popular with the men.

Because he was... he was brave?

Or because he was strong, he
was an accomplished seaman?

Actually, sir, he gave
away a lot of cigars

and shared his rum.

( laughter)

NORRIS: Even though
Commander MacKenzie

had forbidden tobacco
and alcohol to the men?

That's right, sir.

Sergeant, was Midshipman

Spencer a natural leader?

One men would
follow into action?

Well, they'd follow him into
a tavern if he was buying.

NORRIS: Sergeant, Commander

MacKenzie's account of your
conversation with Mr. Spencer

did not take us
to the end of it.

Would you favor us with
your own recollection of it?

Yes, sir.

He approached me by the rail.

He told me, like
the captain said,

that he could take
the ship with six men.

SPENCER: Six men,
Sergeant, providing their leader

knew the lay of
the ship, as I do.

( chuckles)

Oh, I hardly think so, sir.

Be sure of it.

And, sir, you may be sure

that when the crew turns up

they will toss you and
your six overboard...

Or we would be a very poor crew.

But once we have the arms...

But how would you
get the arms, sir?

I have the key to the chest.

If you joined us, Sergeant...

( laughing)

Excuse me, sir.

( laughing)

And you laughed?

I couldn't help

myself, sir.

It seemed so ridiculous.

Thank you, Sergeant.

Sergeant Garty,

Have you ever heard
of the HMS Bounty?

Of course, sir.

There was a mutiny on that ship.

And the mutiny aboard
the HMS Hermione?

Every sailor knows of it, sir.

The captain of the
Hermione was slaughtered

along with eight
of his officers.

Yes, sir.

Do you think any
of the mutineers

might have mentioned their plans

to fellow crew members
before they began killing people?

I don't know, sir.

I wasn't there.

No. You were only
aboard the Somers...

listening to Midshipman
Spencer make dire threats

and laughing.

How ridiculous might his words

have seemed to you, Sergeant,

after the captain
was run through

with his own sword

and his body
heaved into the sea?

Mr. Wales, you occupied the
position of Purser's Steward?

That's right, sir.

As such, what were your
duties aboard the Somers?

Bookkeeping, mostly, sir.

Handling the ship's accounts.

Logging purchases
from the ship's stores.

Like cigars and rum
Mr. Spencer gave to the crew?

Yes, sir.

When Mr. Spencer approached you

about being part of his mutiny

how long had you been at sea?

The Somers cruise
was my second, sir.

I'd been under sail
a total of six months.

Mr. Wales, do you
know how to navigate?

No, sir.

Organize a watch list?

No, sir. But you do know

how to keep accounts?

Yes, sir.

What was your reaction

when Mr. Spencer approached
you about being part of his mutiny?

Fear, sir.

And I'm not afraid to admit it.

Fear?

Not confusion?

Sir?

Why would Mr. Spencer
recruit a bookkeeper

to be third in command
of a pirate ship?

Did he intend to
capture the other vessels

by subtracting their
guns from them?

( gallery chuckling)

I-I admit, sir,

I wondered myself.

As well you might have.

Your witness.

But then I remembered...

Oh...

Oh, am I finished?

No, Mr. Wales, please, continue.

Then I remembered that

when Mr. Spencer spoke to me...

Sergeant Garty was ill.

I was the acting master-at-arms.

So you had the key
to the arms chest?

That's right, sir.

So, things are clear after all.

Thank you, Mr. Wales.

Ma'am.

You're making much work of this.

I did not seek the job, ma'am.

The job sought me.

The "job"?

You're trying to
destroy my husband.

You should be honoring him.

Everyone should.

And someone needs to speak

for the men who died.

Mutineers.

Have you ever captained
a ship, Commander?

No.

Commanded men under arms?

No.

Been to sea?

For awhile.

Commander MacKenzie
went to sea at the age of 11.

He's commanded men
and ships in peace and war,

and you question his actions

from the safety of a courtroom?

How do you think you
can begin to understand?

I killed them, sir.

Begging your pardon, sir.

You killed whom?

Mr. Spencer and the others.

I was on the lines.

( drums beating)

MacKENZIE: Fire!

Whip!

( ropes creaking)

NORRIS: You were compelled.

I hope God sees
it that way, sir.

How goes it with the captain?

Will you hang him?

That will be up to the panel.

Do you know about
the flogging, sir?

I've seen the log.

At least one or two
men every day, sir.

12 lashes at a time.

For skulking, being dirty,
spilling tea on the deck.

Tell them. Tell the judges.

It may do no good.

Then show them, sir.

For washing clothes
without permission.

Son, if I showed
this to the court

it may make them believe the
crew was prepared to mutiny.

I never heard talk
of no mutiny, sir.

Not from Mr. Spencer,
not from anybody.

And if you did, would
you have joined them?

Those men didn't
deserve to die, sir.

Do something.

Please, sir.

Ma'am, your schedule.

They're expecting you
at the Naval Academy

tomorrow night to speak
about the Somers mutiny

the next morning at 0900.

46 hours and 11 minutes.

How do you do that, ma'am?

Thank you, Gunny.

TINER: Excuse me, Colonel?

About your transportation
to Annapolis, ma'am.

Do you need the duty driver?

I'll take my own vehicle.

Do you need the travel claim

for mileage reimbursement?

No. Yes, but not now.

So...

Innocent or guilty?

Who?

Your great-grandfather,

the captain of the Somers.

He'd not my great-grandfather.

Are you sure?

You know, I still have
a lot of work left to do.

Is there anything else you want?

Yeah. You're headed
down the home stretch,

and I just wondered if
everything was okay.

With... the lecture?

Come on, Mac. At
your engagement party.

You know, with us.

I overstepped the
boundaries of a well-wisher.

I overstepped the
bounds of a bride.

So we're okay?

I think so.

You okay?

I-I just need to
finish this lecture.

NORRIS: You're familiar with

Naval regulations?

I am, sir.

Including regulations
for the Navy Marine Corps

published in February 1841?

I am, sir.

NORRIS: Do those
regulations provide

that persons accused
of crimes have the right

to appear before the
tribunal judging them

to confront witnesses
against them

and to make a case in their

own defense?

I believe they do, sir.

And were these
rights extended to

Midshipman Philip Spencer

and the two men hanged with
him aboard the USS Somers?

We did the best we could,
sir, under the circumstances.

The best you could?

That must mean
the council of officers

convened by Commander MacKenzie?

Yes, sir.

We met and carefully
considered their case.

Without the accused
men being present.

Without the accused
men even knowing

they were being judged.

They were not present
during our deliberations, sir,

but I did conduct an interview

with Mr. Spencer
after his arrest.

NORRIS: While he was confined...

in irons...

on the deck?

Yes, sir...

and what he had to say
was very incriminating.

I cannot help it, sir.

Help what?

Plotting mutinies.

You have done this before.

Yes, sir.

On the John Adams, on
the Potomac. ( chuckles)

To turn them into
pirate ships also?

I have had not a great
success on land, sir.

I imagine a
larger way to live...

On the sea, my own master.

It is a fantasy, Mr. Spencer,

and a dangerous one.

I cannot stop.

I've tried, but I cannot.

It's a mania with me.

NORRIS: John Adams

and the Potomac...
they were the other ships

Mr. Spencer had served on.

Yes, sir, and he plotted

mutinies on both by
his own admission.

Lieutenant, was
there ever a mutiny

on the John Adams
or the Potomac?

No, sir.

And for that matter

there wasn't even a mutiny
on the Somers, was there?

Because we prevented it, sir.

Oh, yes... your evidence.

The list in Greek characters
of Mr. Spencer's accomplices.

Three columns... first,
"certain," second, "doubtful,"

third, "to be kept
with us, willing or not."

Would you read the list of the
"certain" accomplices, please?

Mr. Spencer himself.

I would hope so.

Elisha Small, the quartermaster.

Who was arrested and
hanged with Spencer.

Daniel McKinley.

Arrested later and
is awaiting trial.

Purser's Steward Wales.

Wales was the man
who turned Spencer in.

Spencer thought he
could trust him, sir.

Very well.

Continue with
the "certain" list.

That is all.

So, he had three
certain accomplices

among a crew of 120,
and one of the three

was the man who
betrayed the plot.

We were in a
dangerous situation, sir.

NORRIS: Commander
MacKenzie apparently felt that way.

Didn't he instruct you

to make sure that
the council of officers

would recommend hanging
the three men arrested?

He only instructed
me to make sure

that all the evidence
was considered.

He was the captain.

It was his option to
run things as he saw fit.

Including your testimony
here, Lieutenant?

No, sir.

Well, hasn't the captain
recommended your promotion?

I object. The question
is not relevant,

whether it's true or not.

It's relevant if
Commander MacKenzie

has influence over his
officers to do his bidding for him.

Your Honor, this is outrageous.

It is allowed.

The witness may deny it.

The captain did honor me

by commending me to
the Navy Department...

but for merit, sir.

Apparently the USS Somers
was a veritable wonderland

of excellent sailing.

Commander MacKenzie
has recommended promotions

for every officer on the ship...

Except the ones he hanged.

SECRETARY SPENCER:
He was supposed to be

one of our finest officers.

I actually wanted my son
to go to sea under him.

You could not have foreseen

what happened, sir.

Well, I knew my son
wasn't perfect, Commander.

I even heard him speak
of becoming a pirate

but I wasn't a big
enough fool to believe him.

It seems others
believed him as well.

A ship commanded by a Muhammadan

will become a nest
of Muhammadans.

A captain has influence
over the minds of his men.

Apparently Commander
MacKenzie did not have

much influence
over your son, sir.

That would have been

a strong point
in Philip's favor...

if it hadn't killed him.

NORRIS: Your Honor, I call
Mrs. Alexander MacKenzie

to the stand.

The defendant's wife?

Your Honor, she cannot
testify against her husband.

NORRIS: She cannot testify

to anything confided
to her by her spouse,

but anything said or
done with a third party

present is already
not confidential.

True, but this is
still distasteful.

It is my right, Your Honor.

Mr. Griffin may
cross-examine if he chooses.

GRIFFIN: I do not choose.

Mrs. MacKenzie...

would you please take the stand?

Do you swear that the evidence

you give in this case
shall be the truth,

the whole truth, and
nothing but the truth,

so help you God?

I do.

Please be seated.

Mrs. MacKenzie, while
this court was in recess,

were you present
during a conversation

between Commander MacKenzie

and First Lieutenant Gansevoort?

Were you spying on us, sir?

You made no attempt to
conceal yourselves, ma'am.

Because here was
no reason to hide.

Ma'am, what did the two men say?

Of you, sir, nothing nice.

( chuckling)

Well, I'm not surprised
your husband's officers

refuse to give me interviews.

Your Honor, there must be

some showing of relevance here.

I will make it

apparent, sir.

Ma'am, have you ever
heard your husband

or any of his officers
discuss the testimony

they'll give in this court?

I believe I have.

Did your husband

ever make suggestions
as to how his officers

should testify? He did not.

Did any of the officers
ever express a desire

to protect Commander MacKenzie?

They did not.

Would you tell us if they did?

Are you now suggesting

that I, too, am part of
some conspiracy of silence?

No, ma'am, it's only natural.

You do love your
husband, don't you?

Ma'am... I-I only asked

if you loved your husband.

You are under oath.

I don't know.

You don't know what, love?

Morning, Colonel.

Morning, sir.

Looking a little ragged, there.

Oh, gee, not something you
should say to a bride-to-be.

I've been having strange
dreams, sir, about the USS Somers.

Making it personal.

You're dreaming
about taking over a ship,

becoming a pirate?

Beginning to seem like
an attractive option, sir.

Mac, it's just
pre-wedding jitters.

Now, I remember the
week before my wedding...

Well, actually, I don't but
I'm sure I was miserable.

The marriage damn sure was.

Hmm, that's another
thing you don't want to say

to a bride-to-be.
To a bride-to-be.

Mac.

Can we talk?

Why not?

( door closes) ( clears throat)

Mac, I value you as a...
as a friend... or whatever.

I know.

But most of all, I respect you

and you've made a
choice to get married

and-and I, uh... I respect that.

There's a lot of respect
going on there, Harm.

You have the right to be happy

and-and, you know,
whatever's going on between us

or not going on, I
mean, between us...

I...

I want you to be happy.

Even if I'm happy with Brumby?

NORRIS: Do you solemnly swear
to tell the truth, the whole truth

and nothing but the
truth, so help you God?

I do.

Be seated.

Commander MacKenzie,

when you first heard from
Purser's Steward Wales

about the mutinous plot
led by Midshipman Spencer,

what did you think?

I assumed Mr. Spencer had
been reading piratical stories

and had amused
himself with Mr. Wales.

So you didn't
take him seriously?

At first, no.

What caused you
to change your mind?

I kept a watch on Mr. Spencer.

I made inquiries among the men.

I learned he had been asking

about the accuracy of
the ship's chronometer,

the basis of the ship's
navigation system.

I heard he'd been seen in secret

conversations with
malcontents among the crew.

He'd made a drawing
of a pirate ship

and he had inquired
into the Isle of Pines,

a well-known gathering
spot for pirates.

And he had remarked, sir,

that it would give
him great pleasure

to roll me from the roundtop.

So, you arrested him,

but even then you intended to
return him to the United States

for trial did you
not, in accordance

with the Regulations
for the Navy

and Marine Corps?

MacKENZIE: Yes.

Until, as you told
the court of inquiry,

you feared an imminent uprising

to seize the prisoners
and take the ship?

Yes. Executing the prisoners
made that impossible.

None of the other
members of the plot

had sufficient knowledge
to handle the ship...

One of the reasons my officers

independently
recommended the execution.

Sir, on your way home
from the Western Atlantic

did you spy any merchant ships?

Many, all of whom may very
well have suffered pillage and rape

had I not done what I did.

Thank you, Commander.

I have no further questions.

"It would have
given him pleasure

to roll you from the roundtop."

He asked about the chronometer

and directions to
the Isle of Pines.

He drew a picture
of a pirate ship?

Well, there was more, sir.

His conversation with Wales.

Which you thought a
fantasy. That's what you said.

I said, at first.

Shall we go in
circles all day, sir?

( gallery murmuring)

Can you identify this?

That is a watch bill for the
execution, prepared by me.

The date, sir.

13 November.

So, the day before

your independent
council of officers

recommended an execution

you had made
arrangements for it.

MacKENZIE: I did not ask
them to recommend hanging,

but I believed the facts
would lead them there.

You said the

decision to hang Spencer and the

others was the most
terrible of your life.

Yes.

That was a terrible day.

Mr. Spencer.

I've come to inform
you your fellow officers

have reached a decision.

Your life is forfeit
to your country.

When?

In an hour.

I-I am not ready
to die, Captain.

Now is the time to
set an example, Mr.

Spencer, as an officer...

to the men you corrupted.

"A terrible day."

Yet shortly after you
returned to New York

you proposed your nephew
be appointed midshipman...

The position made vacant
by Mr. Spencer's death.

You cannot be suggesting, sir,

that I hanged Mr. Spencer
to give my nephew a job.

No, I'm questioning

whether it was necessary
to hang Spencer at all.

Well, there is no doubt.

You were less than two day"

sail from Antigua.

Why not sail there,
unload the accused men

until they could be
shipped home for trial?

MacKENZIE: Heading towards
any foreign port would've been

a sign of weakness,
and may very well

have inspired the
mutiny I sought to prevent.

Is that what you were afraid of,

or were you afraid

that Mr. Spencer
might not hang at all?

Are you not going
too far, Captain?

You did not consult me

when making arrangements
for your mutiny, Mr. Spencer.

Does the law justify you?

You may think not,

but I hardly think
you can be objective.

This will kill my mother.

The scandal will
surely tar my father.

If you had succeeded in
your mutiny, Mr. Spencer,

it would've been
a greater scandal,

as would taking you home.

How? How will taking me
home for trial harm him?

He is your father.

He would interfere to save you.

NORRIS: That's what
you were afraid of...

Your hasty judgment
might be overturned.

I only meant by interfering

the Secretary of War
would dishonor himself.

So you hanged his son to
save the Secretary's reputation?

No, I hanged his son because
the threat of mutiny was real.

You were still the captain.

The men were plotting.

Your officers had all the guns.

They were exhausted.

Were you exhausted?

I made do with little
sleep for many days.

Might that have affected
your state of mind?

Sir, you were not there.

Well, you were missing
sleep. You heard tall tales

of mutiny and pirates.

You saw plotters
behind every timber.

Are you suggesting
I was deluded?

I'm suggesting you were afraid.

Sir, if we were
not in this setting...

Commander, I'm not in irons.

You might find me more
difficult to do in than Mr. Spencer.

It is time.

I am Christian, sir.

Do think there may be
repentance for me at this late hour?

Our Savior pardoned
the thief on the cross.

Will you pardon me, Captain?

Your mutiny, Mr. Spencer,
would've started with my death.

I don't hate you.

It was my fancy
to become a pirate.

I thought it an adventure,
a noble adventure.

Noble, Mr. Spencer?

Aye, sir.

I'm sorry, Captain.

You may think me a coward.

Judge me again after
you see how I die.

GRIFFIN: The question before you

is not whether mutiny was
afoot aboard the USS Somers,

but whether the
captain of the Somers

acted honestly, to
his own best judgment

without corrupt motive,
when he concluded there was.

We must put
ourselves in his place.

Scanning the disaffected
faces of the crew,

breathing the atmosphere
of tension and mistrust,

struggling to confine
the arrested men

on a ship so small

they could not be separated
from a mass of men

who might at any
moment act to free them.

Did Commander
MacKenzie act precipitously?

Ask the captain of the Bounty

or of the Hermoine,
if he had survived,

whether it is
reasonable to hesitate

in the face of such a threat.

Commander MacKenzie
honored his duty to his ship,

its innocent crew members

and an untold number
of merchant ships.

He did not have the leisure
to question his own decisions.

Neither should we.

What kind of Navy do we want?

One where a captain

caught up in rumor
and random acts can,

without proof or trial,
snuff out the lives of men

given no opportunity
to defend themselves?

Or one where all
men are treated fairly,

command bows to decency

and law is honored
above the noose?

Warship captains for centuries

have made themselves
into kings afloat,

and in that tradition,
Commander MacKenzie acted.

But this nation
fought a revolution

to rid itself of a king,

and its Navy should
reflect the principles

we bled and died for

and not the despotism
that we overthrew.

I respectfully ask you

to send that message now
to Commander MacKenzie

and to future
generations of officers

in the United States Navy.

( indistinct murmuring)

Commander
MacKenzie, you will rise.

On the first charge against you,
Conduct Unbecoming an Officer,

this court-martial finds
the case not proven.

On the second
charge, Oppression,

this court-martial finds
the case not proven.

On the third charge,
Unnecessary Cruelty,

this court-martial finds
the case not proven.

On the fourth charge,
Illegal Punishment,

this court-martial finds
the case not proven.

On the fifth charge,

Murder Onboard a United
States Vessel on the High Seas

this court-martial
finds the case...

not proven.

BRUMBY: Ready to go?

You okay?

Yeah, yeah, I'm... I'm finished.

Great. How'd the trial end?

Uh... not guilty on all counts.

Must have been a
relief for the captain.

Not entirely.

It was customary back then to

commend an officer who
was acquitted of misconduct,

to clear his
reputation completely.

Commander
MacKenzie's court-martial

specifically stated it
was not commending him.

A slap in the face.

He never really recovered.

Died five years
later at the age of 45.

The Somers sank two years
before that in the Mexican War.

Well, if we leave now

we can be in
Annapolis for dinner.

Well, uh... knock 'em dead.