Star. — London, England, 1809-07-29 00:00:00

OURT-AMRTIAL ON LORD GAMBIER; THIRD DAY—PORTSMOUTH, JULY t. , 8. Th e Court re-assembled according to adjournment, ot nine o'clock, when Lord CodilitANE WAS again c alled in. Q. Arc the charts produced by your Lordship to the Court (Nos. 2 and 3) copied or taken from the chart , No. ? A. They are fac-similes of the chart No. 1, by a chart•drawer in London, whom I employed for that se The French ships, at the hours -mentioned purpo • i n t hose charts, were in the position in which they a pp et The position of the British fleet is marked as it appe ared from the Imperieuse about half-past eleven o'clock in the morning of the 12th. The fri gateswhich appear near the Irnperieuse had weighed anchor with the Imperieuse that morning. Q. B y what scale did your Lordship trace the fi gures of the ships as represented, there being no scale to these charts ?—A. By , the scale of the chart, of w hich they are copies, which is the same size, and row before the Court, marked No.' 1. Admiral STOPFORD further examined. • • 0. When the signal was made by the IMperieuSe• o n the morning of the 12th, that the enenifs‘biltips were on shore, was any thing donein - coniequerrce of Shortly after the signal was made, the Com- . r:ancier in Chief made the signal to unmoor, but I can't speak to the exact time. Afterwards thesignal made to weigh, and 'the fleet moved in come quince nearer to the -isle of Aix, 'for the - ,purpose of in a better situation to observe the' proceedings or the e nemy, and with the intention of going in with the fleet, if the wind had shifted so far to the F.; as to alicav the fleet to come out again, for which the Commander m Chief expressed the greatest impa tience and anxiety. Q. A L what time had the Commander in-Chief in formed you of his reasons for going in ?—A Some time between the hours of eight and ten in the fore nein of that day, being then on board the Caledonia. Q. Dia - the fleet anchor again ?—A. The fleet an c:iored about three miles from one part of the Isle of Aix, finding there was no change in the wind. Q. At the time the fleet anchored again, would it have been prudent or proper to have sent halt of it in to destroy the enemy For the reasons I yes ttrlty stated in evidence, in answer to that question, :'Uak it would not; but the Commander in Chief desired the Etna bomb and the smaller vessels to pro- Led in and bombard the enemy's ships that were ly ing ashore, he gave direciiins also .o the Captains of the Valiant, . Revenge, and the Bellona, and other ships, to advance towards the Buoyart, to support the Dla and other vessels, Q. Did the ships and vessels so ordered to advance proceed without anchoring with the fleet ?--A. The • extra and small vessels immediately proceeded with out anchoring to their station, to bombard the ene my's ships. The line of battle ships did not proceed till subsequently ordered by signal : they anchored. Q. Were the directions given to all of them, or was there any distinction made in the •directions given to the Captains of the line of battle ships, and to those of the smaller vessels ?—A. As they were directions which could only be eneented according to the skill of the pilots, the orders to the Captains of s!lips drawing most water were. given discretionary to them to go in as far as they thought safe, or could cniidently depend upon the eilots. Q. At the time of hearing those orders given,. did enderstand it to be the intention of the Comman 'ier in Chief, that every ship of every de!:eripticm su onicred sh:oxidgo in as soon and as fir as the discre tion of the Captain would admit ? A. nom the general signal which had been made fcr s!liFs to prepare for battle, and springs on *their tables, &c. also from the conversation I had with the Cent:winder in Chief, aud witneising his impatience aad disappointment, and circumstances not imraedi anly allowing him to go with the fleet, •it was my full conviction such were the Commander in Chief's intentions, that the ships should go in as" far, and as non as they could. Q. Do you know from the Captains.o; tliose.ships ri the line, their reasons for not going immediately :a do not recollect vier to have heard-those (ii-tinctly stated. Q. wilat were the ships or vessels that did, accom- Tiny :he Etna, when she went in ?- 7 ;.A. As well as I iccllect, they were chiefly gun-brigs And men of war Vgs. Afte:wards, eirery frigate went in, in conse -1..:c.1.:e of signals from the Commander in Chief. Q. How I(;ag after the gun-brigs, the Etna, and the :nen of war brigs went in, was it before the frigates ent Li by general signal ?—A. I don't think it ex : ceded haY air hour. Q. At v:lrat time did the line-of-battle ships go in, v..kh were they ?—A. J think after the frigates ia, was not more than half an hour, when the Valiant and Revccge went in. Q. When the iket bruu,r , at up at the distance you mentioned, fro:: the isle what was the e , fthc weather rine weather, with a fresh frc•m N. N. \V. and a iiood•tide. Q. ;nen the fire•si;ips Nvcle sent in, on the even cf the ilth, Ivhat 1... as the state of the Nveather ? Nvith a strong breeze from N. to \f• \!. and so much s..t that few boats could pull ;ainr:t it. Being up all that night, I observed that ':cut I c'Llock at night it moderated, and freshened . .,;:•.!n in the morning. (By Lcrd Ga the evening of the : 01, it bleiting a gale from the North, with a high night extremi 1\ dark, and great difficulty in up a eommunic..tion front ship to ship—is it Jour ci-anion the servic. in vilti,.:lt thos.! officers and rr.CTI were employed in ti:e tire i :Jtips was extremely .•rat:arduus, and attend with so much danger as to ;Pe reason to apprehend lacy could not return ?—A. • directed to take the leading of all the boats that assembled on board Cr.: Casar, but there being much wind and sea, I. thought they could not et rculiCily support the iire-ships. I therefore directed tnF-: Captain of the Cx , :zr, about sun-sct that evening, t(3 go to the Commander in Chief and suggest to his I .. , ordship the propejety of the boats remaining with !he Czsar, until I thought they could act with effect, • f waich his Lordship approved, and I selected a ' Yat t,clonging to the He ro , the best rowing boat I • .•uld fi n d, to go to the Imp er i cuse , an d acquaint Lord .t:chrttne of such intention, and desiring his Lordship . send me tv or d back if he wanted. any other assist b4t the weather v.•ati so bad as to prevent them Q. What water did you find in working out be tween the tail of the Palais and T.luoyart shoals ?—A. Six and a half and seven fathoms, it being then near high water. Q. Had you ever an opportunity of ascertaining correctly what is the run of the tide in the neighbour hood of Aix ?—A. I never tried. • Q. When you were in six fathom turning out from your anchorage, how near were you to the batteries of the Isle of Aix ?—A. Something less than half range of point blank shot. Q. How many tacks did you make in getting out ? —A. Cannot say to a single tack, but think tottr or five.. . • Q. Then you were four or five times, as you stppose,• within half point blank range of the batteries of Isle _ ~ ___. . • ! , ~.t' • • .. ' , r 'AI Lt.'"ll4l 'n e :' 1 r ' 4, y 7 ., 7fi ''. . . .. . , returning that night. . - '' 140iil.as the undertaking, it was fully - exemplifkd' b ' nite .. 9P velem, a -greater. the fire-ships of the Cisti, ghe **tit .in bef(tee the Q. Hove long were,you.it.i within the Isle of Explosion, and b e f o r e the Metrifsal or, and on getti - - . x ?—A. Fr o m tnroi &clock *kb" Vilth ;until about' ' near the Fr e n c h fl eet , s h e beoornit tny by si (irons ithree or fovr o'clock Of tuts ....- the others ; th e E x pl os i on bl ew up c l ose to her,•killed ' ' Q. Thinyou had tinatetci . observe•thenunilier and . . two men, and flora:igen one of the boats in which the state of the batteries.on-Aik...HoW. ;Imlay were - there . • men were to come away. The men 'were /noeli and in what state ?—A. I could not exactly -observe crowded in the boat in which the men were to,return the number or the state, as my duty in attending to to th - e vessel. On their return, one man died of 'fa- . get the rigging of the slip repaired after the action, tigue, and another was picked up, who died in the preiented my nuking int observations. . • bottom of the boat beion • ging to the Lyra gun-brig, -Q. - (ByLord G AMBlen).Did the Imperieuseground which drifted in so near the French ships, she was ob- on the night of the 12th April ?—A. Yes, on the tail liged to cut her cables. ' : • of the Palais Shoal. At an anchorage Where we had Q. (By the Court). As that which occurred to the been firing at the French ships, but not until the last fire-vessel, did not pass under your observation, you Vatter ebb. will inform the Court how you came by a k now l e d ge Q. Did any person whatever communicate to you of it ?—A. From the individual and frequent infor. before you surveyed the anchorage that there was oration of every officer and man who returned, I have such anchorage, or was it a new discovery ?—A. I. no doubt of the fact. discovered it myself, being ordered to soudd round Q. Did you receive it as the official report of the the ship at s uc h di s t ance . Commanding Officer of the boat ?—A. I did, as nearly Q. Was it known on board the Imperieuse before as I recollect:. you went in that there was such an. anchorage ?—A. Only by review o f th e F renc h chart, as we had no Q. (By Lord GAMBIER. ) Under the circum s t anc es at the time before-mentioned, was it not surprising French pilot on board, and•never took any. that so large a proportion of the fire ships passe d Ca l fskin WOLFE, of the Eagle, sworn and examined. through the enemy's, and the smaller number failed ? Q.- Did it :Appear to you at the time of the attack A; Every circumstance was extremely favourable, of the enemy's ships on shore,. that there was a safe and therefore I took it for granted, that when once and sufficient anchorage, without the range of shot 'placed properly, they must inevitably go down on the and shells, so as to enable them to destroy the two enemy's ships ; this has no reference to the men French ships at anthor,and &two that were aground. coming away ; so far was unfavourable. . And if so, point out the situation, and from the depth 1 Q. (By 'the, Cotner.) Was the situation of -the if water s , how many tle ships .. line-of-bat could have Czsar nearer to the rendezvous of the fire ships,-pre-unctions( there ? vious to their being sent upon the service ?—A. The A. I knew nothing of the inner anchorage but from the pilot's information on the day the attack tiesar did not change her situation in the line before was made, but after we had got in at the time of the these operations took place, and I do not think she attack. I think if the ships had remained there, with was nearer than the squadrons were. Q 4.. Did you observe generally the manner in which out removing to the second anchorage, they must all have been destroyed by the shots and shells from the the lire ships were conducted towards the enemy ?•—• batteries of the enemy. At the second anchorage A. As far as my observations Went, the fire ships from my own observations, having been there fifteen seemed all to have answered the purpose of harassing the enemy, although I did afterwards hear that some days after the enemy's ships were burnt, I think four or five sail of the line might have lain there clear of of them were set on fire too soon. the enemy's batteries, but must have been moored Q. From your own observations did it appear to Very short and very close with other smaller vessels, you that every fire ship was conducted witk equal to fill up the interval. ability and resolution towards the enemy ?—A. It was Q. During the time you remained at the second impossible for me or any person to form an opinion anchorage, had you an opportunity of ascertaining of the conduct of every fire ship. In the general blaze what was the rise of the tide on spring tides ?—A. of fire many objects were so confounded, that it was Upon the average for the time-we were there, from out of my lower accurately to ascertain the conduct 15 to 16, 17, and 18 feet, more or less. i of the fire ship. I cannot answer that question more Q. During the time you continued at this aneaorage, accurately. . did you cause sound to b 2 taken between the Palais Q. From what you really did observe, did it ap- and Buoyart shoals ?—A. I received orders from pear to you that any fire ship was set fire to at too Lord Gambier to assist Mr. Stokes, the second master great a distance from the enemy ? of the Caledonia, with boats, and whatever Mr. • A. Some were certainly set fire to sooner than Stokes might require, in surveying the anchorage, others, before it appeared to me that they had run 'which was done with the assistance of our master, so near the enemy as others had. It is impossible to and others. Ido not recollect any particular remark prove whether they were too far from the enemy ; the of Mr. Stokes, or our master, excepting Mr. Stokes enemy's line soon began to cut and to be scattered, - having said he had found deeper water a little more and the ships might have been going properly one to the - Southward. part of the time, and not another. Q. Did it appear to you that the Commander-in- Q. Whether, between the periods mentioned 'in the Chief for a considerable, or any time, neglected or charge, did the whole conduct of the Commander-in- delayed taking effectual steps for the destruction of Chiet appear to you highly meritorious ?—A. In the th e enemy's a Ts on the 12th ; or did he neglect to h . general question put to me yesterday, I have fully take means for the attack of the enemy at any time answered the question now put i I am Willing to re- after the signal from the Imperieuse that the enemy's peat that answer now. ships could be destroyed ?---A. None. ' Q. In passing the: Buoyaft shoal in the Ciesar, 'vas Q. Q. Did it appear 'to you that any blame 'whatever it day-light ?-L-A. Just . duskish. - - could have been attached to the conduct of the Corn- Q. A t what distance did you pass it ?—A. As mander in Chief, during his continuance in the com near as we could : I think less than a quarter of a mand in the Basque Roads, from the 17th March to mile. • the 29th April ?—A. I have no recollection of any Q. Could any judgment then be formed, from the t hing of the kind. fire immediately opposed to you in passing, of the Q. From the first attack from . the enemy's ships, force opposed to you in the Isle of Aix ? — A- They to.the final cessation of hostilities against him, was did not tire their guns fast, but used in general only every thing done that could be done to effect their de single shots. I think four mortars kept playing on us. struction ?—A. I think there was, with the class of Mr. Sruttemo, Master .of tile Imjierieuse, called and vessels that were present. examined. Q. Do you know of any other vessels that were Q. Did it appear to you, at the time a signal was withheld that might have been applied to that service ? made by the Imperieuse for the ships to come up, that .—A. None whatever. When I speak cf the class of vessels that were present, I mean that there were no there was a safe and sufficient anchorage for six line vessels under his Lordship's command, with the draft of-battle ships, so as to enable them to destroy the of water, that could have further effected thedestruc enemy's ships on the 12th of April, how many line tion of the enemy's ships. • Every application that I of-battle ships might have been anchored there, and made to his Lordship to effect their destruction was what was the depth of the water, &c.?—A. On the morning of the 13th, the Imperieuse retreated out of always complied with. Captain Rap, of the Indefatigable, sworn and examined. :he reach of the Varsovie and Aquilon, they being Q. Did you, before you went into the inner roads both on fire ; we worked from the Palais shore where of Aix to attack the enemy's ships, know of any an the Imperieuse was at an anchor, at the time she was chorage where six, or any other number of line of engaged in five fathom . at high water. About two o'clock we were standing towards the island of Aix,i battle ships could lie, without the range of shot or shell from the batteries ?—A. I never did ; nor have the soundings given by the men at the leads, to the I ever known that line of battle ships could lie there best of my recollection, was from six to seven fa thoms, the depth might be more towards the island; until I saw the frigates there after the action ; nor did when we anchored (which was out of range of shot I know they could lie there, clear of shot and shell, and shell) we lay in five and a half fathom , at low until that time. water, there was then about the distance from three Q. Did it appear to you that the Commander in to I,:iir cables nearer towards the Palais than the Im- Chief did fora considerable, or any time, neglect yr pei•ieuse had anchored ; a good birth for three or four dela y taking effectual steps for the destruction of the sal of the line to anchor in five and a half and five enemy's ships after they were on shore on the 12th fathoms dead low water; the marks for such allelic.- April, and after the signal made by the Imperieuse rage - I took myself, which are, the stern of the wreck that they could be destroyed ?—A. I know of no that is on the Palais, directly in with the square . delay. Q. - Did it appear to you that blame was imputable tower of Cocas, and the windmill or telegraph on • '.the flag-staff of the island. The means by which Ito Lord Gambier in the command of the squadron attained the knowledge was my then observation. I in Basque Roads for any part of his conduct, between did not know it before, only by the appearance of the 17th March and 29th April ?—A. None, what the chart, but I did not wish to trust it, but to - Q. From the first attack on the enemy's ships, to - prove it. ever. 0. What tame of tide was it when you weighed the final cessation of hostilities against them, was from the inner road of Aix coming out ?—A. The every thing done that could be done to effect their last quarter flood, near high water. destruction ?—A. I believe every thing with safety 9. Was the wind fair, or did you work out ?—A. to his Majesty's ships. We worked out, and kept the lead going the whole 9. When you say with safety to his Majesty's ships, time. do you mean without their being exposed to more . danger than circumstances would justify ? A. I think it they had gone further up the Cha rante every ship must have been lost. As it was we were aground for upwards of an hour, and strik ing some time before that, and we were for some time nearly dry. In the direction the anchor was laid,. I could, not find more than five and half fathom at about half ebb. Q. Did you on the morning of the 12th April, see the Imperieuse inform the Commander in Chief, by signal, or telegraph, that half the fleet would be suf ficient to destroy the enemy's ships ?—A. •I'did not; Part of the s final made by the Imperieuse about that time was reported to me, which was, that seven sail of the enemy's line of battle ships were on shore, I do not 'know what the other signal %vat. ' • - .. Q. At what time did you go into Aix road ?—A. F 1_ filvimpailiy the Cimptitfialise&or the Feet to * iresAitfient fee,ttWehick; u F: it . I tra, all ready for weighing and weighed Immediately Mn a few Mittnies - the signid'ites made for the facittlati. gable ter - ;frOcaartirto ship; making sighais of. di stre bearing southwarditke wind was light,• we went in under all sail. Anchwed within distance of converu• sation of the! Imperleuse, and commenced firing on the Calcutta. Q. Were.you exposed to the fire of.the batteri . es cif Isle &Aix, or did you. pass without' range of their shot ?—A. Their shot went over us by the head and stern, and the shells from one of them crossed us.. Q. When you were at anchor with the Imperiense, were you still within range of the batteries of Aix - A. A shot passed through the main-top-sail, and wounded the mast. Q. Was the situation in which you were placed when at anchor as gosid a one:as could'be chosen fur destroying the enemy'i shipst—A. For those that I was nearest to ; if I had gone further in, I must have... run a.ground. Q. Was it a situation which ships of the line should have been placed in for the destruction of the enemy? —A. Not with safety to the ships : I mean, with the risk of the loss of the ships,- or if it came to blow, with the loss of cable, &c Q. Wa's there:any other situation in the road of. Aix in which ships of the line might have been pia• ced to annoy the enemy, without the risk of being lost ? • —A. T think not. Q..: When you were within the fslebf Aikidid you observe the state of the defences of the island did : the enemy eh - liked their gurisfrom one part or he island to the other, I think. Q. Did the Captain of theslmperieuse hail the In defatigable as she was going out, and propose that ,he should go on one quarter.of the Ocean while the Imperieuse went on the other ?—A. Lord Cochrane !railed the Indefatigable, but what he said I could not make out. I told him I was ordered out. He asked me if I had been aground ? I replied yes. He said he should like to take our ground,. Had he sent . a brat to me and proposed a thing of the kind, I could not have thought of doing it without orders from my superior officers, nor do I know that it wag possible for the . Indefatigable, to have got near , the Oceaa. Q. When you were called out of the Isle of Aix, could you, had you re:nained there, have destroyed more of the enemy's ships ?—A. I don't think we could. Q. Did yon observe the situation of the enemy's two line of battle ships that were long est afloat near the Isle of Aix, on the m orn i ng o f t h• 12th ?—A. I don't know exactly; they were lying there. Q. Were they in a situation that line of battle ships, without being in danger, or being within range to be injured from the batteries of the Isle of Aix, could have • attacked them I don't know that they would have been aground, but they must be endan gered from the batteries and line of battle ships. Q. Had any of the enemy's line-of-battle ships struck to the Imperieuse before you commenced the action ?—A. Most assuredly not ; several broadsides were fired at the Calcutta from the Indefatigable.. Lord Cochrane, (.1- some person from the Imperieuse, ' hailed me, and said the Calcutta had struck. could only see her at intervals through the smoke. .. Here the Evidence closed, on which the PRISIDENT informed Lord GAMBIER, that the Evidence for the prosecution was closed, and that the Court would meet to-marrow, for the purpose of knowing when his Lordship should be ready to proceed in his defence. Lord GAMBIER replied, that he hoped he should be quite ready by Monday. Adjourned until to-morrow. MIDDLESEX SPECIAL SESSIONS. INSOLVENT Darroas.-,A number of prisoners in the. Gaol of Newgate were brought up on Tuesday to be discharged under the Insolvent Act.—The per sons who were in custody Um debts due to the Crown, were discharged of all other claims, but remanded with respect to them, as only the Lords of the Trea. sury can give them liberty. LONDON SPECIAL SESSIONS, 'GUILDHALL. The discharge of Insolvent Debtors, under the late Act of Insolvency, was finished yesterday. A great number of prisoners having been discharged without opposition, we notice only a few cases which are quite new in the laws of debtor and creditor, and were strenuously and ingeniously argued at the Bar. . Captain Morris, of the Navy, detained under a verdict for £1066 recovered against him in the year 1801, by a Mr. French, now in foreign parts, for trim. can. with Mrs. French, was brought up to take the benefit of the Act, under a clause therein, speci fying that the Plaintiff in person must oppose the discharge of any prisoner in custody since the Ist day of Yebruary last, or an attorney specifically re tained in the cause of action, with a regular and fix ,ed retainer. In this case vie attorney who now op poied the prisoner's discharge was net the attorney. in the action of trim. con. but the general attorney of the I absent plaintiff. Mr. ALLEY made an ingenious and argumentative speech for the prisoner, but the RECORDER ruled, that . the cases of damages for seduction of the wife or daughter cf the plaintiff, 'were expressly excepted in the act, and that the pilsoner cannot be liberatedan d:!r the late Act, until he be ten years in prison.— The prisoner Was remanded. John_Samuel Smith, late a Lieutenant of the Navy, was brought tip and objected to, on the ground that the ninth section . of the Act required notice to be given in the Newspaper of the town or county where in the prisoner was first detained, as well as the ne cessary notice in the London Gazette. No notice.was I published in the Newspapers at Exeter; where Mr. Smith. was first detained, and he was by the Court ordered to be remanded, pursuant to the opinion of Mr. ALLEY, and otheis, of the Bat. Mr. M4.MAnow, a barrietcr of Ireland; who advo cated the prisoner's case, - contended. perseveringly, that the prisoner, a fine yOung gentleman, who had served h's Majesty for nine year bifOre his arrest at Exeter, When going again to sea, and dragged by his 'bail to the Fleet prison, by an klieg, corium. against his will, was not within the clause (4' exdu ' szonr---Tho Court and Counsel, after at kg discus sion, determined in favour of the priioner, and he [ was sent fnr a second time,-andeischargtd. 1