Star. — London, England, 1815-01-20 00:00:00

4'l; TRIAL OP - 818 JOHN MuRRAr. TirtifteDAY—FOURTH DAY. '';:e Court having assembled a - the usual hour, Admiral Hallowell . and Sir John Murray were ; ,filled in. I,,,Atenant-Colonel WILLIAMSON'S examination in chief continued. Could not state exactly the quantity of ordnance h:ctes left behind. There were two days consump t!, u 0: shot and shells left at the batteries. The pow. and valuable stores were got off. A paper was then handed in, which purported to return of the stores left behind. The Junta Auvocarz said, as this was not signed tiv any person, it would be better that the account of tae stores should be received from general evidence. Witness said this was the paw which was shewn to him at the time by the Commissary of Stores, and I lie had no objection, w.th that impression on his mind, to sign it. The PRESIDENT said, if Sir John Murray had no objection, it was desirable the Court should be put !ri possession of this paper. `S:r John Murray said the only objection he had to paper was, that although Lieutenant-Colonel Williamson might swear it was the paper which bad 3een shewn to him by the Commissary, and after wards given to Admiral Hallowell; yet, he could lot swear that the return which it purported to give, . , WAS accurate. The JUDGE ADVOCATE considered this a proper ob. ,ection, and the Court acceding to this opinion, the caper was rejected. Witness's examination continued. There were 17 serviceable and oat unserviceable )iece left behind ; seven 24-pocuders, five 10-inch )owitterc, and five 18-pounders. These guns had heir carriages, some of which were burnt and de. troyed. Every thing belonging to the guns was left ,hind. A great quantity of ammunition was cm-- parked, but some was left behind. Could not say tow much. Sir John Murray—" The things which were left ;ebind were in the batten ies Witness—There were some shells left on the beach, ...a at the depot; but as the troops were not ready embark, got much away. The carriages of the i-pouuders were left behind in the batteries, and .ot burnt. If witness had not been told that he was a wait till night, those carriages would have been nirnt. if he had notice the night betore, he should ~..e brought every thing away. The carriages in ja,:stion were travelling carriages. The mortars had :ca beds • but each had a platform carriage. Here th e examination in chief was closed. Sir John Murray then put .in some returns made witness, for the purpose of his proving his signa. ',lre to them. Witness acknowledged the signatures to he his. 'These papers are to be read in evidence hereafter. Cross-examined. When he saw General Donkih on the mrrning of .be 12th, did not conceive that the promise which .tad been made by Sir John Murray was of such a iature as to prevent him from breaking that promise, :f subsequent circumstances required a different pro :eeding—all such promises were of course condi tional, and must depend upon consequences. When .General Dunkin stated to witness that he was to spike the guns en thetatiery, he told him that Oeneral Clinton's division was oa its march, and would be down on the beach in half or three quarters of an lour, and that the guns were to be spikell as soon as It had passed the batteries. This was only in witness's hearing, he could not say he had positively addressed himself to him in the first part of his remark, as to the arrival of General Clinton's division; thought an order was given by Sir J. Murray for landing some Congreve rockets; the rockets were not under wit ness s direction ; he believed they had been landed and were taken to the Oliva battery ; could not speak to the day on which the order was given, nor when the rockets were landed. Could not say whether any interval elapsed between the order and the landing of these rockets. Whams lave directions to his uthcers as to their respective dime% and was perfectly satis fied with every thing that was done, as the operations of the siege went oh regularly. He knew lie was ready for any thing that might offer. He did not take an account of every trifling article that was banded, and the time of its being landed. Believed he recalected having told General Murray, that the reason why the rockets hod not been landed was, that they had been two days in a boat, and could not be landed for the surf; but, as he said before, as the rockets were not under his direction, he paid very little attention to them, and therefore was nut poss. ':ire as to this. Re-examined by Admiral Hallowell. Could not speak positively of two days having elapsed before the rockets could be lauded. He knew this only from the report of the Commissary. Witness withdrew. Admiral Hallowell now observed, that it perhaps might save the time of the Court if he was permitted to read a paper which he held in his band, and which co ,tzl,ied minutes made by him during the whole siege of Tarragona. From this it would appear the days on which the stores had been landed. The COURT said, the Admiral, if he chose, might offer this as evidence from himself on oath. It was thtn arranged that the Admiral should sub mit this evidence hereafter. Colonel Thackery sworn and examined. ec,nanded the corps of Engineers serving un der Sir John Murray, on the coast of Catalonia, in J une, 1813. Recollected waiting on General "Kenzie, at his quarters, on the evening of the 11th. He had a great many communications with General McKenzie on that day. About half-past eight delivered to General McKenzie a message re specting_storming Puerto Reale, frem Sir John bl ur rly• Had had several conferences with Generals Clinton and McKenzie, in the course of the day, on the rune subject. Sir John Murray said, if it would save the time of the - up to half arrangement Reale ; and nine those would per. . -. ‘" 14 7 MCI. II 111 Wtniiki any% %ail. •roim. I the Court, lie w.is ready to admit that up to li 1 past eight at night on the Iltt, every Ufra lira yeas carrying cul for storming the Puerto Rea l ; 1 ;ts. be would likewise admit, that seen after nine tl arrangements were countermanded. , ! , Ad mirAl Hallowell' said, this admission would] teeny answer his purpose.. . • On the eigEx e amination contiued. h t t t h e loth th n e Oificers of El t Engi- fleets were employed in forrning.* mortar boom. and completing a six gun battery, toll* upon the town. of Tarragona. These batteries had been cum menced on the Oth. Had not received any direc tions to pop ire for retiring previous to the sudden order on the night of the litb. For an army of 8,000 men to march from - Villa Franca to Tarra gona, %tlppoi,ing their march was Intercepted by the fire from guu.boats, on the high road by Torre del Barre, and that they went by some other road, he thought would take two days march. The computed'distance from Tarragona to Perrellio was about one day's very long march, he meant by the high road. Admiral Hallowell s lid, his object was to prove that, even it the enemy were at the points stated, thtle w.ino occasion for the precipitate retreat which b, , :n made. 'Witness in continuation. The distance which the enemy would have to come from l'errellio to Tarragona, in consequence of our troops occupying fort Balaga, as was the case at the period alluded to, would be very considerable—he was not prepared to say how great—he understood the circuitous road was then impassable for an army with cannon, a fact which was rendered manifest by Marshal Suchet having marched, at a subsequent period, on the sea.road, where be lost both men and horses from the.fife of the ships, in preference to at• •tempting the other road. Admiral Hallowell thought it proper to remind the witness, that at the time to• which he last alluded, there were no gun-boats in Tarragona Bay—the In vincible run down, he believed, and just caught the enemy. Witness—Afterwards passed the road, and saw the dead bodies. In the circuitous route alluded to by witness, which he never saw himself, he heard two light guns, less than su•pounders, had passed. It was a very bad road, especially that part through the mountains. Did not think it could be passed in so short a period as two days. Did not think it possible, from the observations of distance, and other obstacles which he made, for the enemy to have prevented us front taking our guns and states from Tarragona, at the time of raising the siege.-- He did so at the time, and he had no reason to think otherwise since. He meant, he thought we might have btought off our guns and stores ; and he stated that opinion to Sir John Murray at the time.— Knew of no cause whatever that could have made it necessary for the siege of Tarragona to have been raised, in the precipitate manner in which it had been raised. Hare the examination in chief closed. Sir John Murray having slightly objected to the anFwer last put on the minutes, The JUDGE-Arys-tcete said, it was always the practice of Courts of Justice to call upon witnesses, .in particular cases, to give their opinion upon sub jects of which their professional knowledge render ed them competent judges. The Court would of course ultimately treat that opinion as they thought proper. The COURT.-" The witness founds his opinion upon the opportunities which he had of forming a judgment." by Sir JOHN MURRAY. Did not know the exact period of the mival of the ninny at Villa-Franca and Perreilio. Ignorant as he was of the exact distances from Perrellio and Villa Franca to Tarragona, he could not take upon him self to state that the embarkation of all the guns and stores might have been completed before the arriVal of the enemy, but he 'thought then as he thotght now, that if the enemy had been advancing, they would have had time to embark all the guns, stores, troops, and other things, if proper precautions had been used to place detachments to cover the embarka tion—from which such information would have been received as would bave given them time to desist from embarking the stores, and to embark the troops. The time which it would have taken to have em barked the cavalry, infantry, and artillery, with their horses, etc. supposing information had been re ceived from the detachments to which he alloded, which would have tendered their embarkation neces sary, would have depended upon the number of boats and the number of men and horses on shore. He had not made the calculation. The troops, as be said, be fore, could have been embarked. - Sir John Murray said he wished to know what time the witness allowed for the embarkation He had answered Admiral Hallowell promptly, he (Sir John Murray) wished hint to• be equally prompt in his answers to him.. The witness said he had only answered Admiral I lailowell in peneral terms. By the embarkation of tire hoops, he never conceived, if they had been pres sed, that the Cotnmissariat mules and hones, amount ing to 11110, could be embarked. Captain Withers would Co l,eit able to answer the question on this subject. Did not mean to say. if pressed, they would, have had time to embark the cavalry, artillery, and: horses, amounting to upwards of 1600, but he thought it worth while to have run the risk of losing a few isstimala, for the sake of seeing the stores—much of: the stores were los:, ' Sir John Murray now handed to the witness some' papers, fur the purpose of proving his hand-writing : ' which he admitted. This was a translation made by witness for General Muiray, and was a faithful tran-:' slation to the best of his abilities, of a memoir from. General Copons. He said at the time. he was not quite master of the language, but he was certain it was the sense of the memoir. Cross-examination continued. From his knowledge of the vicinity of Terra u, considerable part of the road from Tone del l e Barre was exposed to the fire of the gnn-bolts, but be could not say how much, the naval officers would be best able to. answer this question. In some places the road receded from, and in some places came near the sea. He knew that there was much firing from the boats on this road. There were no parts where the road was for two miles together exposed. He did , not think the enemy could by a short detour avoid the lire of the gun-boats. The enemy might have passed this road almost without interruption at night, be. cause he eoneidered the fire of gun-boats of little con: sequence at night. lithe dewy marched with . field artiilery only, and without interruption from the lin boats, from Villa France to T a, by the h h road, he thought it would be 170 2 E4 a march r 'one tie beliettil the distaste *as sheet thirty miles: Could not tell the distance from Arbos :fungous; it nal between Villa Franca and the lat. ter place. Sir John Murray said, his object was to chew grounds upon which the. witness's calculations wen made, as to the approach of the enemy, and the con sequence which was to be given to them. " Witness had been upon the road, but he could net tell the distance." Sir John Murray.—" It appears rather singular that witness cannot tell &stances in cross-examination, when he could give satisfactory answers to such ques tions in his examination in chief.". Witness said, he had not spoken to distance by miles. Cross-examination continued. The mad from Polak, to Tarragona was so much esposed to the fi re of the shipping that he considered it almost impassable. This was near the Col do Bar raguay, and some distance from thence. Knew that Marshal Suchet had passed the high road to Tarra gona, notwithstanding the fire of the Invincible.— This having been the case, he did not think the army of General De Cons would have been prevented from marching from Villa Franca to Tarragma by the fire of the gun•boats. It must be a very likavy can nonade to prevent troops from passing a road.— With' he spoke of detachments being out during the embarkation of troops and stores, he meant detach ments to give signals, but not to keep the enemy in cheek—might have received signals on the side of the Col de Magner of the approach of an enemy, as 'they were within hearing of guns from thence. On the Villa Franca road they might have had informa tion by signals from the ships. Sir John Murray said he had no further questions to put to the witness, but signified that he should call him as a witness on his defence. Re-examination by Admiral Hata.oWELL. Recollected an ancient Roman arch to the East ward of Torre del Barre. Did not recollect the dis tance from Villa Franca. Did nut think the arch was out of range, but could not say that them was any part of the road from that arch to Torte del Bart e, which was not exposed to the fire of the ships. He did not recollect the road sufficiently to give a certain answer on this subject. The part near Tune del Barre was the most exposed. He knew that a considerable part cf the 'army had disembarked on the 3d of June, but he was not acquainted with the details. A con siderable part of the artillery and cavalry went atter the 12th to the Col de Balaguer, and were embarked there, after remaining several days, without interrup tion from the enemy. There might have been a little skirmishing, but no interruption of consequence. General Murray having asked a question respecting the passage of Suchet— Admiral Hallowell now asked witness whether he did not bee the road which Suchet had been obliged to cut, on being interrupted by the fire of the In vincible Witness said he did see this road, and was told it :lad been cut by the enemy. Sir John _Murray said it was not necessary to prove that the French army could cut roads. Witness in continuation—Knew that at the time the troops were embarking at Tarragona there was a naval force stationed off Balaguer, to cover the road. iCcield not say that there was a signal post at Cape Salon to communicate with ships to the westward. Questleitect. by Sir John Murray. • There might have been some skirmishing between the cavalry and :nf entry after their arrival at Bala guer. Hr could not speak with certainty on this sutint. The question was withdrawn.—Witness withdrew. Gen. M‘Kenzie %warn and examined. The JUDGE ADVOCATV, previous to the General's examinAtion, -apologised fur his appearance out o, unit , .sm ; he had been sent for 6 vr 700 miles, and wasurprovided with that costume. The PacsinENT observed, that he ht.d also been re queste d to make an apology for the General. The COURT considered this apology sufficient. Witness was then examined by Admiral Hallowell. Commanded a division under Sir John Murray, in Catalonia, in June, 1813 ; received an order on the 12th of June to spike the guns at Tarragona, from General Donkin, through the medium of Lieutenant Drew, about half-past ten o'clock in the morning.— Being acquainted with the roads on the east and west side of Tarragona, he did not think the enemy could have prevented us from taking away our guns and stores from thence on the 12th of June. There did not appear to him to he any chance of the enemy's interrupting the embarkation of guns and stores situated as our naval and military forces were. Did not know of any military force of the enemy appear. ing to the eastward, or Tarragona side of Barraguay, hefore, or even as late as the 16th of June. • He never heard of any force appearing there on that hand, ex cept a corps that entered Albillios, against which he WAS sent.. On the night of the 16th he believed he was in the village of Albillios ; he had been sent against this force on the 13th or 14th ; could not speak to precise dates. From Albillios be was ordered to IA back tat•the place of embarkation. Did not know of any cause whatever which could have warrant the preeipitate embarkation of the troops at Tarra t gong, except the account received. by Sir J. Murray, that the enemy was at Villa Franca, which was told by Sir John to witness. The division under witness's corn. mend embarked as early as two o'clock, on the 12th. He did not.embark himself till after dark, and at that time there was a considerable portion of provisions not embarked. He found fault with the Commissary on that account. Witness did not think that the army, reported to be at Villa Franca, 8000 men, could have marched from thence to Tarragcna with such an equipment as would have enabled them to oppose the British army with any prospect of success it opposed on their march. The distance was not beyond the powers of men. He had repeatedly marched that road. If they were not opposed on the road, he thought they could march, but they could not attack with a prospect of success within a day, as any General would be glad to give his men a little rest. It would be hard work to'attack after such .s march, bat of the march he had no doubt. Their success would be extremely doubtful after such a march. He would rather expect brilliant success on the part of the British, the state of our army and ar m were so complete. he hour of three having arrived, the Court ad. Preened till 104110rSOF at ten o'clock. LAW INrE►LLICEA'CE. COURT OF CHANCERY, JANUARY ff. LORD PORMAIOUTII. A Petition was presented for a Commission of Lu nacy against Lord Portsmouth, on various grounds of inconsistency in conduct, denoting mental i/erange. ment and incompetency to manage or conduct his own affairs. Mr. HEALD opposed the application with mach zeal and force, as quite unfounded and untenable. A certain deed, not now produced, became, in the course of the discussion, a necessary document, or material piece of evidence, upon which the further consideration of the application was ordered to be postponed till 'such deed be procured.—Judgment Was postponed. AGAR, "so. V. VTR REGENT'S CANAL COMPANY. The Loan CIIANCELLOR, on receiving the proposed terms of the plans or lines of demarcation offer ed by the respective parties in pursuance of his Lordship's directions on a former day, after hearing Mr. HA RT, as leading Counsel foe the Company, in his sugges tions for rendering the terms of the proposed plans, and consequently of the intended issues to be groun ded thereon, more definite and explicit, directed the same to be revised and altered br the Register, so as to meat the wishes of the Learned Counsel, who gave as his remits for such particularity, that mail issues directed lay this Court have bad nothing returned upon them in the verdicts that cleared up the matters submitted to the Juries, owing to the louse or vane terms of the issues: The arrangement was appro.:A. NENtg.oostso—Nonntsos v. oncual:P. This was a motion made by Mr. HART, supported by Mr. BARBER, for an crder to di:solve an I..junc tion i,sued in this cause, at the insl..nce of the plain tiff, for restraitiine the citfinJa4t, t!ie widow aid exe cutrix of tie late General Oa from the jewels, trinkets, plate, anJ fixture-turniture of tie toy tato'', house, in the county of D.:von, by the will, were node heir lAN: L usa, long as the law wou'id prrusit, and the plaintiff was made h. r r in remsioder of all the said articles. It was stated that Lzdy Lawley, the mother of the defendant, had given to her a sum of £lOOO in addition to her other marriage portion, which would entitle het to s, II the heir looms. Sir SAMUEL ItO' , IILLY, supported by Mt. Titot.t.trE, opposed the motiva with great force, in support f the Injunction they had forrueily obtained. The motion was refused. OLT) BAILEY. Yesterday W. Shackleton was indicted for stealing a silver watch and six 81 notes, the property of T. Mattinson.—The prosecutor is a seaman ; and on the 4th of January the prisoner took him to a public house in Golden-lane, to get him a lodging. The prosecutor was not sober ; but he had not been long in the public house when lie found his pocket had been picked, and he immediately collared the priso ner, and gave him in charge of a watchman, to whom the prisoner denied having taken say of the prosecu tor's property ; but when he was searched by the constable of the night, the prosecu:or's watch and to• bacco box, besides a - .Ci in notes, and some silvt_r, were sound on him.—The in his defence, said, lie met the prosecutor at the s.g.i the Mansi:):: and being di teak, he tool; the t nisoner with him to see a girl, who, he said, would take all money from him ; to prevent which, he gave him - his pro 'perry tarake care bf.—This Onittenielby - the pToftl tutor, who said he gave the pris,arer a box WI the ear, at the sign of the Mansion House, for taking the candle from him when he was reading the het:spa. per, and that was the commencement of his acquain tance Kith the intoner.—Guilty. Franco Sampso3 Wis 3 indicted for stealing a piece of printed cotto::, ty of Mr. Bnoces.—The prosecutor was a liacc...ir.irer,in ke-street, Manches ter-square. OA the evening of the 9th inst. at live o'clock, his sloop man sow the prisoner come into the shop, and tear oral niece of cotton in question off a quantity that hung behind the shop door. He pur. 'sued her, and took her with the popery in her pos ,ession. He had seen her in the shop before.— The prisoner, in her dtfence, said, a soldier iu the First Guards, of her acquaintance tore it off, anal gave it to her. She denied having been ever in Mr. g ave shop, until 44 that white-laced fellow pulled her in," pointing to the shopman.—Guilty. J. Shfield, IV. Clarke, D. Kelly, and J. _ Booker, were indicted for stealing a pair of gaiters, value Ss. 6d. the property of W. Scales.—The prosecutor is a shoemaker at Islington, and the prisoners, s‘nile walking through that place, observed the gaiters hanging at his door, which Sheffield snatched otE.— Wm. Small, headborough, observed it, and pursued them. Sheffield seeing that, threw away his hat, in which he had put the gaiters. They were Li 44. a into custody.—Several witnesses gave them good elarac ters. Verdict—All Guilty. ' J. Triader and IV. Badsey were indicted for steal ing a mile deer, the property of W. S. Cavendish, Duke of Devonshire.—The Bailiff of his Grace, :,t Chiswick, deposed,, that the deer having t,ruke his leg, it was killed, and hung up in the slaughter-house, from whence it was stolen on the Dot set Dteember. On the 22d, a search warrant was procured, and part of the carcase of a deer was found cm the Itemises of . Badsey, at Turnham Green. Bathe), said, that he had found it in company watt Trinder, near the (iv:- mile stone, and that he gave his companion 'ls. 6d. for his share of it. This story was confirmed by Trinder ; but the venison found in lsadscy's having a broken leg, left little dou')t, of its heing part of the carcase stolen from his Grace's premivs.—The • Jury found Badsey Guilty, and acquitted Trinder. Duns.—Wednesday se'nnight a meeting took place at Kilrush, Ireland, betwesp Dr. CT E And Mr. S—, but the affair terminated without blood shed. Friday last a duel was fought at &leafy, near Cas. debar, between C. HIGGINF, Esq. of Westport. aod H. P. BnowNe, Esq. of St. Audries. The parties exchanged shuts, and the a tfair ended w:ti:out injury to either. About six o'clock, yesterday evening, the Chatham tad Bromptoa stage was ov:t turned in Cl.eapside, through the obstinacy of the driver of a coal waggon, by which a woman, with a child, was thrown from the roof, and the latter, filling between the heroes, was killed, by one of them trampling on its head. The mother was also most severely bruised; as was a man, also au outside passenger.