Star. — London, England, 1807-10-16 00:00:00

p COURT MARTIAL AT HALIFAX, IN NOVA SCOTIA. Nlinutes of the Proceedings of a Court Martial affemhkd and held nn hoard his Majefty'm ship B►LLw, I. in Halifax Harbo•*r, Nova Scotia, nn Wednefclay, afsth Aueult, !Roy, to try lent( in Ratford, of his Majefty's thip Halifax, fur mutiny, defertino, and contempt, as fet forth in a letter from her Commander, the Right Honourable Lord JAMES TOWNSE END. PRESENT The Honnural le Sir A Le:ANDER Coenarisix, R. B. Rear Admi ral of the White, and Secot.d Officer in the Command at Hali fax, Prefrdent. ' CATTAI4S, Francis Pickmore John Erflrine Douglas William Charles Fable Philip Beaver Edward Hawker Nathaniel Day Cochrane Being all the Captains of the rank of Pon at this place. On the Court alTembling, at half patt ten o'clock—the prifoner being brought, forward, the evidence called over, and audience admitted, read the order aidetTed to the Prdidtot horn the Hon. GEORGe CIItAIFIFLD BeRICELEY, Vice Admiral of the White, and Commander in Chief at 'Halifax, Nova Scotia, &c: dated the 25th t f Antal, and the Pia. dent's Order to the Judge Advocate to officiate as filch,'when the Members. and Judge Advocate, were feverallf from, agreeably to A& of Parliament; and the fallowing letter, containing the charges againft the pi:fser, read : Hi+ Majetty's Sloop HAIM'. Halifax Harbour, isth Aura. /807. . SIR—I beg leave to reprefcnt to you, that the five men named in the margin*, belonging to his Majef ty'. !loop Halifax, under my. command; when lent with a petty officer in the jolly boat, in Hampton Roads, bn the 7th a Match lA. to weigh a kedge anchor, which had been previoufly dropped for the purpofe of twinging the 'hip by, taking the advan tage of the du& of the everi;.g, mutinied upon the petty officer, fume of them threatening to murder him, hut, the ref) interfering, they ; however, tak ing the boat under their own command, they fuc ceeded, in deferring, by landing at Sewel's Point. The whole "f the aticve mentioned deferrers, I have fince been informed, - entered on boatd. the United States frigate Chefapeak, and were fees by me, and feier al of my officers. parading the streets of Norfolk, in ttiumph; under the American flag. A few day. after the defeitinn. I accolled one of thefe men, Henry Saunders, tithing the reafon ohlris deferting, and received for anfwer, that he did not intend any thing of the kind, hut was compelled by the rell to affilt, and would embrace the firfl opportunity of returning —At that moment, Jenkin Raiford, one. of the laid s'eferters,coming tip, took the arm of the laid Henry Saunders, deflating with an oath, that neither he. or any r f the tell of the defetters, fhould realm to this fhip, and, with a contemptuous gesture, told me, he was in the land of Liberty, and milantly dragged the field Henry Saunders away. Finding that my expolittlating any longer would not only be ufelefa in obtahing the deferters, hut, in all probahiiity have collerned a mob of American., who, no doubt, would have proceeded to Ileps of vin lence, 1 inllantly• repaired to the houfe of Colonel Hamilton, the Britifh Conful there, and related every circumflance which occurred, and applied to him, a. alfo to Lieutenant Sinclair of the rendezvous for the United States fetvice, to recover the laid delerets, but without cffee. Being fince informed that Jenkin Ratford has been recovered, in aeion, on hoard the United States fri gate Chefapeake, with his Blirannic Majltly's fhip Leopard, and now a partner on hoard his Majesty's !hip Bellona, 1 have to recprea you will be, pleated to direr% a Court Martial may be affernbled for the por. pole of trying the laid Jenkin Ratford, for the within mentioned charge's of Mutiny, 'Dcfirtion, and Contempt. lhave Ike honour to remain,' Sir, , Your moil obedient humble feevant, J. TOWNSHSND. To the Hon. G. C. Berk fley, Vice-Admiral of the White, and commander in Chief, • &c. Halifax, N. The evidence were then es ithdrawn, and the - Right Hon. Lord James Townfhend, (worn. • . • • lL Relate to the Court what comes within your knowledge of the charges againfl the Ptifoner ?—A At the time o f the prifoner's deferting, I was' on hoard the Mermaid; on heating a firing of musketry kept up from the fhip, kbout fix o'clock, in the even ing of the 7th of March, I immediately returned board; when Lieut. Carter informed me that fire men had role on Mr. Turner, midllipman, and deferted with the jolly boat. The nett morning, I fent Lieut.' Mainers to Nr.rfolk, to acquaint Catra'n Hollis and the Iltitilh Conful of thidefertion of the men—on his return, he reported to me that he had fern fume of them, one in particular, Richard Hubert, parted. ing the !trees with the American flag, then Remit ing for the Chefaptake. I then went up myfelf to Not folk, and told the Britifh Conlol—and finding that the men had entered for the Chefapeake, applied to Lieutenant• Sinclair, who was enteting men for her ; and received for anfwer, that there were no men entered for them by the names I gave ; but if any Deferters haffentered, I ntqfl apply ,to the Magitirates; which I did through the Conful, who, I believe, applied to the Mayor and Civil Power. I alto applied to Capt. Decatur, who referred me to Lierit. Sinclair ; but I met with no fuccefs in recover ing the men.—l met the_ prildner, with. Saunders the bnatfwaites mate, after my application, and asked them the reafon they did not return to the Saunders raid, he would ; and immediately went with me about zo yards; when the prisoner laid hdld of his atm, and laid he would be d—d if he Ihould re turn to-the fhip—that he was in the land of libel ty— , -• that he would do is he liked—and that I had no bufi refs with him. The prifoner was very abulive—the' words.l do not reallee. . What anfwer did Lieut. Sinclair make to lon the second time you applied to him ?—A. The lime as before. I offered to point rut the men, if he would allow me to go into the rendezvous, but to which he returned no anfwer. I taw tome Nf the Deferters at the rendezvous :'the prifoner was not among them. Q Was the prifoner abufive to you perfnnally, or was the abufe general ?—A. Chiefly perfonal. Q . _ by Prifoner— Did you not fend a gentleman to call me out of the honk ?— . A. Yes. IZ Did I not tome out at the fame time and Rand at Saunders's back, all the time you were talking to • Richard Hubert, Henry Saundcrs, Jenklu Radon], George North, William liiU. • him You tame into the areet about four mi nutes after Saunders. The evidence now commenced for the prefects/6r and Lieut. Thomas Wren Carter (firfl) of the gali. far. was (worn. Q Relate what you know refpeding the carg t s againft the prifnner ?—A. On the 7th of March laft, about fix t.'clock in the evening, being commanding officer, I fent the jolly-boat, with Mt. Turner, mid. fhipnrn, and five men, to weigh the kedge anchor, which had been laid out for fwinging the flip. They were a long time there. I hailed them once, to know what they were about? they anfwered, prting the tackle on board. A fitful time after, the quarter. mailer, Douglac, told me he thought they were null ing away : believing they were, I ordered a file of mufketry on them. That not having any cried, I direded Tome great guns to be pointed and fired ; one was, but the boat being nearly out of fight owing to the dufk, and a tender belonging to the Bellona, immediately in her wake, 1 was obliged to delta fir-, ing, and faw no more of her. As loon as the firing ceafed, a mutter of the (hip's company was made, when I found that the prilmer, with the other men named in the charge, had deferted. Two or three days after, the petty racer returned, aid reported he had been run away with by the crew. The prifoner having no quellions to allc, this evi. dente withdrew ; and . . Mr. Robert Turner, Midthipman, of the Halifax, called in and fwern. Q . ._ Relate to the Court what poll know refpeaing the charges againfl the prifiner• ? A. On the even ing of the 7th of Match I was defied by the Fir!' Lieutenant '@b go'in the jolly boat, and weigh kedge anchor ; the piifoner was one in the boat, with Hill, Myth, Hubert, And Henry Saunders; after we had thrived off from the.fhip and got hold of the kedge Lawfer, and the anchor up to the bows, it came on to rain very hard, and the weather being thick, the men took the kiat from me ; when I holed the (hip repeatedly, until ft enced by Hill, who threatened if I hailed the (hip any mote he would knock my brains onr,'anal heave me overboard. Hill laid if it had been Mr. M.Gory in the boat, iriflead of me, lie would have tanned his hide, and thrown him over. board. The inflatit the boat landed at Sewers Point, they all jumped nut and kft me in her. Saunders I think would have returned, if' he had pot. been threatened to have his brains knocked not : I do not know if by the pi/ ner in particular; it was amonglt them. After landing, I law nothing of the men mail Monday, two days after, when I law the prifnner it Norfolk, with a number of men who had en.ered in. to the American fervice. On Tuelday I met Lnrd Towt,fhend and it firmed him of the ciicomfiances: flintily after raw the ptifoner and Saunders, TOwnfliend r, raking to them, and telling them, that if they would return to the (lip he would forgive them. Sailnder.i. was in the a6t of going down to the Ctitifurs with nie ; the panne; fa:d if he at tempted to "re , urn to the fhip. if lie was not able himtelf, he would get more hands to affill in cutting his bloody guts our. O fly Profectitor. Did it not appear to you that the whole . lime I was in converfation with Saunders, and the prilvner, that the latter was very abtifive ? A. He was. O Did the definters cut the boat adrift: and fh"ve her from. the Ihrre, making you jump out up to your middle in water ? A. After landing,'l•was left in the hoar, the painter was cot, the boat floated off, • and l jumped into the•water, and waded afhtne. Did you nbferve the prifhner:ifliff in 'loWini7 the b. after it was taken from you ? A Yes I did,, four nien were rowing, Sautie!ers and royfelf were fitting in the flail 111.:ets. • (:),..! By rzifoner. Did Saunders go out of the (fern (beets to look for kedge buoy ? A. He was out of the flern (beets, but I am not certain if he had hold of the haweer or not. The ptifoiter having no further queflions to afk, the evidence withdrew ; and Thomas I).ifiglas, Ll4l ter Mailer of the !War, called in and (worn. Q Relate to the Court what you know refpetcl ing the charges againa the prifoner ? A. I frad the watch on deck, I think about half paft. five o'clock In the evening of the 7th of March., I was Handing on the flarb.ard gangway, when the men flipped the kedge hawlet, and got the oars out.. I went immediately to the gun room and reported to Lieutenant Carter that the boat was rowing off :from the Ihip. came up immediately. I haring gone before and got the key of the . Alm chest out of the binnacle drawer, and took out the musket s , with a carouch fylx (the lenity's mulket not going off). Lieutenant Caller, Mr. Smith, and !Well, fised as long as we could keep fight of the boat. Q . Do you know that the prifoner was one of the men in the boat ? A. I do. The.piifuner having no queftions to alk, die evi• dence withdtew ; and Lieutenant James Mafters, of the Halifax, caned in and fa•orn. _ _ Q Relate to the Court what you know refpelling the charges againtt the prifoner ? A. On the 7th of March, about fix in-the evening, the. prifoner, and four other men ? were fent to weigh the kedge anchor. Soon after it was reported they .had defeated. I went on deck and obferved them pulling Worn the [hip. They were fired at feteral times, but to nn effeEt. I was fent up to Norfolk the next morning, with a letter on fer vice ; I law two of the deferterf, but eid not (peak to them, one of them, with die. American flag, and the other coming out of a public.houte; the pi ironer was not one of them. I know the pi honer defected on. the 7th of March from the (hip. • The prifotier having no . quelliogs to aik, this evi deuce withdrew ; and Mr. George Tincombe, Mailer's Mate of the Me lampus, called in and fwot n. Relate to the Court what you know refpefling the charges againli the partner ? A. I was on board the Leopard on the 22d of June, as a paffenger, and . was ordered on board the ,Chefapeak with Lieute nants Falcon and Guile, to fearch for &fetters. After. the hands were fent on deck, I was ordered below to fearch, and found the prifoner in the coal hole ; he was brought on the quarter deck, and known by Mr. Prellon, Puller of the Leopard, as difcharged from her to the Halifax. Q : Did the prifoner deny belonging to the Ha lifax ? A. He laid he was an American, and did not bel ing to the Halifax. Q . On cur g. ing on board the Chefapeak, did you tear any eonverfation that paired refpeeing &fetters. whether they acknowledged or denied having any ? A, The Capts , n of her (aid, he did not know they had anv deferters on board. CL Did the prifnner hand on the Chefipeal.' , books by his prefent name, or by what other ? A. I tl:i.dc by the name of Wilfm. _ _ CZ ... Previoufly to the action between the Leopard and the American frigate, do you know if there was any correfpnridence by letter, between Captain Hum phrey.; and the Commander of the Chefapeak, to de mand the deferters then on board. A. Yes. Q. Did you hear any thing that parted after the correepondence between Cap . Humphreys and the Chefepeak ? A. I did hear Capt. Humphreys fay, Commodore Barron, you mull he aware of the ne ceflity I am under of complying with the orders of my Commander in Chief. He replied, you may do as youpleafe. Q . ' bid you underhand that as a refufal to corn- ply with Captain Humphrey's wifhes to have the Engltfh deferrers given up from the Chefapeak to the Leopard ?—A. Yes. How long was it from the time rf fit fl fent', ing the boat on hoard the Chefapeak, until the! affirm commenced ?—A. The boat was on board the Chefapeak about three quarters of an •hour, when the fignal was made for her from the Leopard ; the returned in 'about ten minutes after, with a letter, which Captain Humphreys took into the cabin, 2nd read ; then ordered the guns to he primed, fired one gun athwart her bows, and then hailed as before, to which a fimilar reply was made : Captain Htm phreys then ordered the fire to commence v beginnitig with the foremoll gun on the lower ifeck,..artd-gave her about duce broadficles. Q Were the crew of the Chefapeak muttered previatts to the finding of Rad'lrd in the coal holy i —A. No ; not until afterwards; What other deferters were taken out of the American frigate ?—A. Three belonging to the Me lampni. Q .: , Were 'there many Engliihmen munered on board he! A. Ah'.nt twelve men and boys. . Q_ Were any of thole Englithmen demandeJ, or any f.ther men demanded, or taken out, except known defetters ? A. Nn. The prifoner having no gneflions to Mk, the evi dence withdrew ; and Mr. Frederick Phillips, mid Ihipman of . the Bellona, fworn. Were you doing duty on board the Leopard • at the time of the conrroverry between het and the Americo' frigate Cnefapeak ? A. Yes. • Relate to the Court what you know refpelling the charges againft the prifoner ? A. When I went on hoard the Chefapeak, I faw the ptifoner (landing, or leaning. againtl one of the carronade*, on the quarter deck. I know he was taken out of the Che fapeak to the Leopard. The ptifoner having no qtteflions to afk, the evi dente withdrew ; and Mr. James Simplon Wells, Clerk rf the Haft's, called in and fworn.—He produced the c"mp lei.e book of the Halifax—lv/ore to its correelnefs, and, by ditedion of •the Court, pointed nut to the Judge. Advocate, the five men. flared by the charge - to have defrrted, which he did as follows : Richard Hubert, failmaker, bum in Liverpool, England, aged 22. 0 Henry Saunders, yeoman of the ()lees, born in' Greenock, aged i 6. • Pain Raiford, ordinary,horn'in London, aged 34 Gtotge North, captain cf the main-top. torn in I r Kinfale, aged 27. William Hill, able, born in Philadelphia, aged 21.• —Entered at Antigua. I Q.: Do you know the prifoner . to be one of the men you have now named ?—A. Yes, I do, by the name of Jenkin Raiford. Q .. , Hare tAti any realm' for believing the prifoner to be born in London ?—A. I think I was prefent when his defcription was taken, and •he gave the place of his birth, London, himfelf. The ptifoner having no queflions to afk, the evi. dence withdrew ; and Mr. James . Baikie, Secretary to Vice Admiral Bet kelcy, fworn to the following letters being true copies of thole fenr to the Commander in Chief; when they were read, and are as follow; • TO VON ERSVINE DOUGLAS, Captain of MA M.tjefty's Slip Bellona. and Senior C'.scer, &c. 8:e. Clleftrieak • • Tils Majtfifs Ship Leopard, at Set, 22d June, IS:7. Sir—ln obedience to your fignal this morning, to weigh and reconnoitre, S. E. by E. I have the honour to acquaint yno, that having arrived off Cape Henry, to the distance of abo u t tour nr five leagues, I bore purinant to orders from the Commander in Chief, to feat ch for Deferters on board the United States frigate Chefapeak. On arriving within hail, an• Officer WAS difpatchkd according to my irdltnainns, to thew the Order to her commander, together with. the following Note from myfelf : " The Captain of his Britannic Majelly's (hip Leopard, has the honour to cockle the Captain of the United States frigate Chefapeak, an Order frcm the Hon. Vice Admiral Berkeley, Commande► in Chief of his Majelty's (hips on the North American Ration, refpeeting fi.me deferters from the !hips (therein mentioned) under his command, and fop• pnfed now to be letv►ng as part of the clew of the Chefapeak. 41 The Captain of the Leopard will not prefnme to fay any thing in addition to what the Commander in Chief has Rater!, more than to exprefs an hope, that every circumitance refpefting them may be.' adjuite-2, in Inch a manner, that the harmony fubfilt-. ing between the two countries, may remain undif turbed." The boat, after an abfence of three quarters of an hour, returned with the following anfwer : " I know of no fuch men as you defcribe ; the officers that were on the recruiting let vice for this (hip, were particularly inlirufted by the Government, through me, not to enter any deferters from his Bri tannic Majefly's (hips ; nor do I know of any being here. " I am alfo inilrueled never to permit the crew of any (hip that I command, to be muttered by any other but her own officers : it is my difpofitiun to preferve harmony ; and I hope this anfwer to your dispatch will prove fatisfallory. (Signed) " JAMES BARRON, Commander of the United States Sbip Chefspeals." On -the receipt of this letter, motives ref humanity, and an ardent &fire to prevent bloodfhed, induced me if poffible to engem:lST ttianake the feareh, with out recurring to more ferious meafur es , Fy repeat. edly haili• g and remonfirating without etre& I then direfted a fhot to be fired acrofs the bow ; after which he was again hailed, the anfwets again %vete eqnally evafive ; conceiving, therefore, that my orders would not admit of deviation, 1 lament to Rate that I felt under the neceffity of enforcing them by firing into th e United States (hip ; a few flaot were returned, h es none (truck this (hip—at the expiration of ten minutes from the fira (hot being fired, the pendant and calm s f the Chefapeak were lowered. I then gav e . t t, t necell'ary direftion for her being fearehed, according to my inftrueious, and herewith fend you a Rate. ment * of the number and names of the Defence.s found on board. Several other Englifh fubjelits corn. `pored part of the crew of the frigate, but as they did not claim the proteaion of the Bridal flag, and not within the limits of my orders from the Commander in Chief, I therefore allowed them to remain. After the (catch had been made, and preview,' r e . paratiot . 1, the Captain fent me the annexed Note ; f which, with my anfwer,l I have the honour to fubi kin; and have the.honotsr to be, Sir, Your moR obedient humble fervant, • S. r. Nvmroatys. _• Serjeant Richard Frodtham, of the Royal Marines, of his Majelly'a (hip Bellona; called in and fworn, to truly.anfwer what he knew of the inifoner, as ago to Inch queflions acthe Court might afk him.—Hid heard the cha,rges read. you know any thing of-the prifoner ?—A. Only ['bat be was confined on beard the Belton, as a deferrer from the Halifax. QWere you on board his Majefly's fhip Chichef• ter tri the Chefapeak, doing ditty as a Seijeant of Marines ?—A. Yes : I was fent from the Bellona to his Mijefly's fhip Chichetter, on fhe loth November iftcG, and remained there until the istli March iBo7. Q : Dti you know of any deferrers from Fort Nel. flit being claimed by the American Commandaati.... A. Yes. (Z... Relate to the Court the particulars.—A. In the 'early .part of February !A i the Chichefier being ainngfide the wharf at G Xport, in Virginia, I law a party of foldiers, under arms, confining of the Com. mandant of Fort Nelfon, a Seijeant, o , :poral, and tour Privates, coming from the fort to the wharf, along fide which the Chichefier was laying. Hasoirig entered the gates, they proceeded to Captain Stop. ford's !edgings ; when I was fent for, by him, and afked whether there were any deferters on board from the fort ? I anfwered, there were oat any. The Captain laid, "there are three, ?re there not ?" and directed me to give them up to the perfon I fuppnfed the Commandant. I, with the affittance of the Offi. cers, fearched the (hip, but could not find them, and reported accordingly to the Captain, who then order• ed all hands to be turned up, in order to fearth more 'particularly, as he was determined to give them up. with the Mailer, and other Officers, renewed the fearch : and, at the expiration of an hour, two were 'found under the flores in the hold, the third was funnd in one of the liore hnufes, under the fails. Cap. tain Stopfnrd direded Mr. Brookes, one of the mid. fhipnien of the 'hip. to be confined, for'ielling Cap. rain Saunders, that he thought it was not tight to give up their deferters, when they would not give up no's. The deferrers were then put in a boat, and taken by the American Captain and guard to the Putt. Their names were, William Born, a Ihiemaker by trait, an Irithman, born in Londonderry ; William Jones, a weaver by trade, born at Manchener, in England ; the name ,nr place of birth of the third perfon I do not recoiled. Dn ynu know of any of the crew, or fupeenh mei aries, claming from the Chichelter, and enter ing into the Ametican Military Service ?.—A. Yes— convalefcents, who came from the Regiments, tic. in the Welt Indies, for recovery of their health. (Z . Relate the particulars. A. %then Simpfon and Francis Sedgewick, of the Royal Artillery; William Phillips, C .sporal of Royal Matines, be longing to the Ctuicheller ; Benjamin Withers, of the istru Regiment of Foot ; and John Mahoney, of the 37. h, deferted from the Chichefter, fume of which enlilied in the Englith uniform, into the American fervice. and were afterwards fcen by me in the Amt rican. military uniform. Simpfon and Mahoney wee ' Irithmen, and Wither s and Phillips, Engli(hmen, fro the county of Lancaller—l do not know what coup tryman Sedgewick was, blit has repeatedly hard them all declare, they were bangers to the United States. Tile Evidence withdrew ; and Captain John Erikine Douglas, of his Majellyl (hip Bellona, (worn. Q. Was you Senior Officer.of his Majefty% (hips in the Chelapeak, when the men, Sated by the lag witnefs, deferted from the Chichefter ? A. I vat Staior Officer. Q. : Did you make any application fur thole men A. 1 did make application, but they were not given up : and, to the belt of my recolledion ' the antwer given was, " if any deferters from the EnFlifh ler vice have entered unto the American fervsce, they have been fent, with a detachment, into the country." The rrifoner was now called upon for his defence; having being told. at the examinsti'n of each witnefit that he might atk any queltion he pleafed. After re. tiring for a thou time, with the Judge Advocate, he seturned into Court, and hated—that the evidence brought again(t him was fn hong, there was but little left for him to fay in his defence : but that the realms I of his hiding in thecoal hole, was for fear of the Amei • Lift of Mtn found on board, and ferving as a part of the Crer of th e United States fhip Chi. repeat, El e f e rters from hit ?darn/ (hips Melampus and lialifaz—• WILLIAM WAR, ' j.).ANIT L MAITIN, His Majefty's Ship IVlscassres Jrs. STSACHA N. alias STORY, . PI. WILSON. Alia. JPS:KIN RATTOID ..' HALITAI. His Majefly's ship Leopard, at Sea, June 22, OW. f Copy of a letter I rom Commodore Barron to Captain Hum phrer I" SIR4I confider the frigate Chefspeake as your prize, and MS ready to deliver her to any officer authorifed to receive l3 . l the return of the boat I Stall crpedt your anfwer ; and have tlf honour to be, Sir, your molt obcdietit bumble fervant, • I " At Sea, June 22, IEO7. -- " JAMIS DAMS. ANSWER. " His Majefty's fhip Leopard, (at Sea) June as, TB o 7* U Sta—Having, to the utmoft M my power, fulfille d the in* ftrudlions of my Commander in Chief, I have nothing mon to &fire ; and mutt, in coufequcnce, proceed to join the rcroalwit! of the fquadron—repeating, that I am ready t o g ive y ou cur/ fiftance in my power, and do molt finccrely deplore, that ay lives &mid have been lolt in the execution of s ferviee, which might have been adjulted more amicably, not only with reipedl othiclves, but to the Nations to which we refpeetively Wort. ur I have the honour to be , Sir, yo snoft obedient bumble fcrvant, "a. uvurnairs 1 ."