Star. — London, England, 1805-12-27 00:00:00

nearer to the (hart than the enemy's, *hilt in fight, as to force the enenty to anion, on the 2 3 a or 2.ttli in what way could they approach the (bore, to coin. of July ?—No. municate with it, before force part of the Britifh fleet, Did you receive any communication from me. that not difabled, could have clofed with that part of the I fliould regulate my failing by yours, and that I e n e my which was difabled ?—By Chore , I mean any fhould always keep between you and the enemy, for part of it between Cape Finillerre and Ferrol, where- your proteltion ?—Yes. by their wifbes might be communicated to Ferrol. Did I do fo 2—Yes. At what dillance were you from the (bore while tke Did yon fee the whole, or only part of our (qua. enemy was in fight ?—I can refer to my book. We dron, on the morning of the 23d at day-break? I for were 38 leagues N. W. from Ferrol on the 23d, the only part. wind then N. N. E. What diflance were you from thole yon did fee tha Can yoit recoiled whether you did not fend a report I ftipoofe about four or flee Chiles. of your damages by the Fr ilk and Nile, on the night Could you have made a junftion with the !h -between the 22d and 33d ?—Yes ; I did verbally, by dron, if I had not .edged dawn ?—lt was impoffible Lieutenant Fennel, of the Nile, nearly what is before from cite Rate the wind was in. • . the Court. How far wete the Malta and frigates to leeward Did von lay any firers on the flati of the lower from you on the morning of the zad was pretty mans?—No. I Paid they were badly wounded. nearly between our fquadron, and the Malta, Thun- As you have Paid you are not acquainted With the derer, and prizes. relative failing of the fleets, on what ground do you Could I have forced the enemy to anion on. the conclude the enemy could gain the More before the l 23d ?—Not ta'ring the whole fquadron; we could not Britifh fleet could have fetched shun ?—From their have been taken Into th't an without being towed. being fifteen or (lateen miles diitant from to. at the I When did I part with you P—On the :ph. time, and the enemy's hoe of battle (hips being form. yon receive any orders from me to regulate eti generally to fail as well as ours. I fay generally. your conduct when I thould part company With jou ? Did you receive any information from the Vice. Yess . . Admiral, after the anion, that it was his intention Have You my ltiter2-1 have not.. to renew the aition ?—Lieutenant Fennel, of the Nile, Can you tell what is bacome of it ?—I gavi it to told me he was fent on board to know the damages the Commander in Chief. Whined, and that the Admiral meant to renew the The letter was in Court, and read, and Vaptalh aaion in the morning. Boyle laid it was perfectly correet. • . When did you receive this information ?—Between Confidering the crippled Rate, and the relative two and three o'clock in the morning of the aid . fi tuation of the two fleets, could te Windfnr Celle The following paper was now put in by Sir R. have been towed up to the enemy, fo as to have ye- Calder :—" I admit that, in the night of the zad, I newed the aainn either on the 23d or 14th P—Ontht did hope to renew the anion " 23d, raking the day from day.light to catalog, th e Court—You will plealc to difpatch Captain Gard. Windfor Caine could haat. let hitt very little tier as form as poffible, becaufe he is ordered on While tithing the lower yards, betiding a new fore mediate feivice. fail, flitting the main-top-fail yard; - knotting the Sir R. Calder—For that ezprefs reafon I called whole of her flays, the could have made but lit. Capt. Gardner &R. tie fail ; therefore the powers of a 74, ailing upon a Did the enemy eimear to you to have Coffered body like the Windfor Cattle, this Court will Judge tnhch ?—Ni. I only obfeived ore main top fail yard how far it was poffible to carry her up to an enemy gone in the whole fquadron. We were too far to direftly to windward. - judge of their fails. Court.—As to the 24th ?—The Windfuir Cafe The Hon. Capt. LEO°, of the Repulfe, examined. was able to make more fail. We got up a jury fore !. that the report you made to hie of the damages top gallant mail for a fore-top malt. We were then !attained by your (hip ?—Yes ; that is the fecoud re- in a better Rate ; Might have been taken in tow, and port I fent in. might have kept our llation in the line, but could nut The report was then read. be carried, I fear, to windward, fall cootie) to fetch Did you make a fimilar report on the o7ght of the an enemy that was inclined to avoid an action. 22c1?—No. I did not then know that the bowfprit Coult.--;-What impediment was there againd the had been wounded. I merely fpetifies:, that the tip getting up a proper fore top mall, oh the aath ? ging and fails had been cut ; as the Officer of the The fore top malt was (hut away between the cap and Frifk came on board loon after the aftion, I being the truffelarees ; this took the cap with it, carried the next (hip to the Admiral, I had no report made away all the larboard fide of the top and crofs trees, at the time of the damage ; my &II Report was, I therefore when a !pare cap was got up, to go over believe;tianfmitted to the Admiralty. the mad head, there was not a fufficient time to fit a Sir R.. Calder—Ali the fiat, or rough reports, were top and crofs-trees on the larboard fide, fo as to fup fent to the Admiralty. port a proper fore top mad. Befides, the foremaft Were you employed in filking and liming your was wounded in loch a way that we could not, with- Man and bowfprit all the 23i1 of July ?-1 , 10. The out taking much time, have tithed it to carry proper bowfprit Was not confidered fo badly wounded as ki top fails, had we beet; able to rig the jury crufs•trees, be fiffied, till after it liming on the evening of the which we had not. zsth. The people were occafionally employed, on the Capt. WM. LECHMER c, of the Thunderer examined. 13ri, in 'knotting and fplicing tht rigging, and repair. Is that the report you made to me of the damages ing the tads. your (hip fuftained on the :ad of July ?—lt is. Did you make the fignal to me, on the asth, of the The Report was then read. bowfprit being fprung ?—Yes. D d the enemy ever chafe. or attempt to bring me Was not that the firft time We had tarried much to adion on the 2351 or Rath of July ?—No. fail during the anion ?—I don't think that we had Could I have forced the enemy to anion on the carried any fail to fignify, before that. The Repulfe z3d of July, if they had chofen to avoid it ?—No. vas then under her three top-fails, and a fore-fail. Did the enemy appear to you to have fuftained Did you, about the fame time, fee the Malta make any confiderable damage in their malts or yards I—. the Signal of having fprung her foie yard?—Yet; None in their malls. They (hilted a top fail yard or and I think her lower-yard. two, and that, I believe, was the utmoß. Was the fquadron brought to on the oceafion ? Wis the Britifh fleet always kept between the enemy Yes ; on the Repulfe Making fignal. and Ferrol, as long as the enemy remained in light How long was it before the Repulfe and Malta Till the afternoon of the 24th we were always nearer made the fignal they were ready to proceed on fa. Ferrol that the enemy was. vice P—The Repulfe made the former fignal at i feaen Could they then have fetched Ferrol P—No. It was o'clock in the evening of the 25511, when we were impoffible. The wind was N. N. E. obliged to let every thing fly to five the malls. Captain WAt. Baown, of the Ajax, examined. Made the fignal, that we were ready to make fail Court—Are the quellions the Vice• Admiral has again, as loon as it was daylight on the ahtli. to put to this witnels the fame as thole immediately Did the enemy ever chafe, or make any attempt preceding ?—Sir R. Calder—They are. to bring the Britilla fleet to action on the 23d of July ? Court—There fcems no neceffity to examine Cap. ; but allways kept hull down to windward. tain Brown, or any other witneifes on thofe general Could I have forced them to ailion on that day ? qweftions. Without frefh matter, they may be fpared. —I think not. Sir R. Calder—l do not with to wane the time of Did the enemy appear to you to have fultained the Court ; and I have no detir e to examine dartfuher any confiderable damage in their mans and yards ? th e ((fu r on theft general quetions. But I with , --hro, I could only diltmgnith one (hip, with, I think, Captain Brown to verify his report of damages. her maintop fail-yard down. Some others might This was accordingly done, and the Report read. have fails clued up to repair. Capt. Jotvi HARVEY, of the Agamemnon, examined. If I had approached the enemy, could I have Are thofe your reports of your damages P—They fetched them, had they avoided me, before they are.—The Reports were then read. would have been able to communicate with the (pore ? Captain WILLIAM COMING, of the Prince of Wale; —I fhould think not, if they chorea() avoid an adidn. examined. Wag the Britifh fleet kept between the enemy mid As you were near my perfon during the whole Ferrol, while the enemy were in fight think they time of the action of the 22d, was any part of my were till the 24th. But not when, during the latter condo& to be attributed to fear, or a want of zeal for part of the time, we lad law them. They ltood tc the his Majelly's fervice P—Molt certainly not. &nth ward, Court—Capt. Coming, what number of the Bri. When weparted withthcm, could thcyhave fetched tith (hips appeared to you, on the morning of the Ferrol ?—As well as I recollea, I lhould think not. 24t h. incapable of failing in the line of battle, or Court—You hare flayed, that you did not difeuver order of failing ?—I imagine the whole, except the your bowfprit to be riming till the 2 5 th. Do you Windfor Cattle, might have been formed in line of apprehend, if you had been obliged w carry fail upon battle. the Repuffe, put lint of the enemy, your bowfprit If the Windfor C a fllc had been taken in tow, ctn. would have borne it : howl . pi it was not fprung lidering the relative fituation of the two fleets, could till the evening of the 2.5,1), and, as it then went un- the &kith' fquadron 'rave renewed the anion on the der reefed top fails, and foie fail, l fltould fuppofe it 24th, the enemy declining to do to ?—Certainly not. ..as not caual to carry any fail, at any time aftct the Did th' Vice Admi: al necline the aaion, either on :amen. I the 23d or 24;11, the enemy not being inclined to re \ Vas there not nut.:': Ira on the 24th :—A heavy ne w i t ?—fie did n ,, i . a.-;dale,tolt caint ; the (hips rein:l,g very Mad:. C.IVI Ail. ED WA RIIGR T of the Dragon: Was it fu ail the day ?—ln the unit ring, after the Do ycli kry.w or lihn.,l u.dli beit% erected between ");•cze 'Prang up, about ten o'clock, the !hips did C.alie Ot t:: ; .;a1 and Cape Fillifterte, and to Ferrol .lot roll In much. Yes. Sir R. Calder being allied, whether lie had any Did you reconnoitre the port of Ferrol about the ' s-aefki , ..sns to put to this v.itnelis? laid, he bad not. sgth of July ?—I did. i Charles Boyle, u: the Windfor Cattle, examined. Had the Combined Squadrons then arrived there? .:s this yoor :e., , .• , rt of the damages of your thip in —N Do o. you remember our being blown off that port, ; !It. A ftinn fo; after the anion, when about the ft of Augult, by a & You m felf, W. wind ?—ltblew y y a were p a t' aviadwaid of the Ptince of a gale of wind fi rim the S. W. on the tit of Augult. ''ales ?,..Certainly. and drove ui, nut off tile coati, but along (bore to the What did I lay i—You aflced me, whether my N. E. rote-top matt could be got up very loon, or without When did we return P—l cannot fay precifely. I lof4 of time ? have not my lug book, nor any minutes. I fhould What was your .anfwer ?—That every exertion think we made the land two days afterwards. We Aotild he made. w e re never forty-eight hours without tieing the land, Wh a t was my reply?—;Teat you did not d•iteot it. from the 28th of July to the loth of August. Was your (hip in a condition to wo rk to wind- Had the Combined Fleet taken the advantage of ci rri;; in En: of haul:, or order of failing, Co our being bloira4 that part, to get during our j --~. ' ,~ ablenee ?- ; --Yes ; as I raw a fleet afterwards at anchor"... off orunna, confifting of , thirteen fail of the line. four frigates and a brig ; and at the fame time law the fquadron in Ferrol, as they had been there for Many months. Under what fail was the Windily Cattle when you took her in tow?—l cannot fay exatly : but the had made very little fail ; no head fail, except jibs, and tome (mall after fail. At what rate did yon then tnw her ; and what fail had you .!it ?—As well as I can recoiled, we had only our tingle reef top fails; and, at any time on the 23d, I do nut think we cold: have exceeded two knots. Could the Windfor Cattle have been put in a con dition by the evening of the aids to have made it praaicable foe you to have towed her fo as to have failed in order of battle in the rear of a fleet, to have pur?ued an enemy with any probability of comjng up with than, .if they were not inclined to battle thould think not, the Windfor Cattle being at, the bell of tiinet.but a dull failing Chip ; if the enemy wire inclined to avoid a battle, certainly not. Captain CHARLIti Etertierrnas FL, ratwo (worn. Did you take one of the prizes in tuw after the salon ?—Yes, the El Ferme. In what Rate was the prize when you took her in to ?—Hgr rudder difabled, many of her ports blown off, and the made Co much inter through the rot holes that we could jug keep,her free. Were you able to have totved her up to the fqua dron, if I had net edged op to you ?—No, the Egyp tienne's rudder was gone„and the prizes were dale bled, Co that we could make very little way. Did you continue her in tow till you parted from the fquadron ?—No. bid the (well of the tea prevent your getting up jury „malls ?—Yes, there was a very heavy (well, which prevented the boats going alonglide her, and prevented our getting up jury malls. Did the prize the,Syrius, in tow, alfo lore her malls? Yes, all her malls Were gone, except the fore malt, which was not fit to carry fail. Could you have taken the prifoners and wounded men out of the prizes in order to dettroy them, if, neciffiary intendedito do fo, to let them fink, as there was fo much difficulty to get the Spaniards at the pumps. How king was you at Rochefort before you failed with Adniiral Stirling do not redolled the exat time; I cattle 6 June and left in July. What was the force of the enemy in tkat port ? Five fail of the line; and five or fix frigates 1 I do not recollsa which and three or four brigs. When did they fail ?—1 do not know ; I heard they failed the day after. I was told by a French prifoner I took in i'Aaeon, a French corvette, the Captain of which informed me, he had failed with the Rochefott fquadron the day after Admiral Stir ling left that port in Odober latt. Lieutenant THOMAS WARRIN fworn. . . • Veit arerved, k Oral very pratble they worth) he ni Ira, ft they been; applied .of the corn, biped fituadtent tieing returned frritai the Weil and that the wind had hen fair for their failing nuti daystubfegnentroyourleavingthe blocicadenf Ferri)), •Sw Robert Calder—l have no farther troubit to give the Court, I have no other witnefs to call. FOURTH DAY —DECEMBER 16. THE SENTENCE. The Court met this morning at ten o'clock, fn the purpofe of determining on the fentence,rhert, af] ter a deliberation of p hours, the doors ae vened,; and Sir lttlbert Calder was called in. Silence being; ordered, The Judge Advocate read the fentence neatly in the following words : " At a Court Martial held en the 23d of Decem ber-, and continued by adjournment to the preterit 26th, purfnant to an order from the Lords Con ~ midioncrs of the Admiralty, dated the igth of N.. vember, di, eaed to the Prefident—Nets Me names of tbe Court Martial were rtaell—fetting forth, that Vice Admiral Sir Robert Calder requefted an in quiry into his conclaft on the aid July, the day after his engagement with the Enemy, to explain his reafons why he had not taken all, as well as a part of the enemy's (hips, and to give his reafons I for his conduft on that day, and his fubfequent conduCt to the moment that the enemy finally 101 l fight of his Majefty's fleet. The Court pro-1 ceeded to enquire into that concludt, and alfo his fub fequent condua, and to try him thereon, and they have heard with attention the evidence in fupport of the Charge, and the Defence which has Leen made I to it, as well as the allegations in fupport thereof. The Court is therefore riopinion 'that THR Cameos Kas sasm PROVED ; and that the cendua of Vice- Admiral Sir Robert Caldet has been minim , RR. TISHIlliISLII; but they are of opinion that His cos- DUCT H• 11 RRISIN FROM FRIO% IN JUDGIIIINT, and not from fear or cowardice ; and therefore this Court doth order and adjudge, that the laid Vice Admiral Sir Robert Calder be SETIRELT RETRIMANDILD, and he it, hereby ItIPRISIANDID SETILRILT." LONDON. mop -• ..0 C.. FRIDAY, DECEMBER 17. ' • A letter from bourdeanr ) dat:d the tit hill. in (cried in our Paper of the 4th. dated that 13 veffels had been carried into Teneriff by the Rochefort fqua dron. A paffenger lately arrived in the Alfred, Capt. 'Monson, at BeDaft, from Tenerife, hates that he left that place on tht 16th Odober, and the Canary !Elands on the t ith November, at which time there was no account of the Rochefort fquadrim, nor of any prizes. On the 24th inflant his Majefly's gnn-brigAcirra picked np off Bnulogne a boat a ith a letter and fome newfpapers in a tin cafe. The Argus of the ryth. an Englifh newfpaper printed at Paris, contains a p ra graph. hated to be from the Arnie:or of the it 11, w;th the 3oth and 31ft bulletins of the Grand Army, which Rates that the Emperor of Germany on the 4th inflant had an interview with the French Empe. ror, and that after a converfatiou of two hours, an 'Armistice was agreed on, which was to include the Ruffian troops, on condition of their evacuating Ger many. Thefe bulletins alto contain pompous ac counts of the battle of the ad, but not even an allu fion to any renewal of the battle on the 3d or 4th, though we know that on thefe days there was fome revere fighting. The .4rgrar contains nothing of a what was received from Vienna by I lie, dated the 6th, and fent by him and publifhed at Hamburgh on the an armillice would have reached Par the 16th, which, when fent round Moravia, reached Berlin on the t oth, the 13th.—Colonel lasseust, BON/ camp, is laid to have left Agherlil have arrived at Paris on the t nth. laid to have taken place on this Oh of it travelled as quick as Laugh, been known in Paris on the sith hated till the ,6th. If tae armillice municated by telegraph, as the anion tar, it would lxave reached Path on the / ac count of that anion reached Paris on the loth and the whole of the terms would, as has ever been the cuftom to all fuck cafes, have been inflantly ktiblifk ed, to fare the further and unneceffary effursOn of human blood. Government are alto in poffeffion of the Mtaiiter of the lath, and Dutch papers of the 17th, intl. The former contains an account, not given as a billetin, of the anion of the zd limiter to that of I;eral BRUM publifhed at Amtlerdam. One of thi utch papers contains a letter from General Dumont ea v. which Rates that doting the battle of the 3d, r *n in terview took place between the German and French Emperors in a mill, but does not Rate the refult. Other accounts have alfo been received in town, but not fuch as to remove the veil which covers the details in the French and Dutch papers.—Three American merchant' of refpettability arrived in town yesterday who quitted Amiterdarn on the soth, and Roterdam on the 21ft. No accounts had then been publifhed in Holland from the Armies of i later date than thole containing details of the battle of the 2d, excepting Duraoaceatz's letter above alluded to. There is alto a letter in town from a refpeetable houfe at Prague, which (fates that during the anion of the 3d, Basaraart did adnally propofe to the E 'Term . ALIXAND!R (not FaaNcts) an armiftice for tit weeks, but received for answer—" . No, suit for fix hours." LI any armillice has taken place, it muff, in all probability, have been Ales the 4th or sth, when the Allies had gained tome ad.an'ages, and the terms mutt have been proportionally favourable. Report, according to tome of the Morning papers, lates that Minitlers believe an armiflice has been concluded. It this be true. many grofs untruths mull have been publifhed. It can hardly be credited that the Allies, alter gaining fa h decided advan tages as have been afctibed to iheir armies on the 3d, 4th, and sth, would have grantzd an armillke to an invading army, at filch a dittance too front its own country. - It is more probable they would hive fol. lowed up the victory, to the utter deflcudion of the vanmtithed. We cannot reconcile thefe Wm.-titles The Hamburgh Mails arc eapeited to desalt th prefiat uncertainty. • Was you my figtial Lieutenant in the month of July lan ? Yes. Did you obferve the enemy's Ships en the morning of the 23d Did you perceive they had a fmaller number of (hips on the morning of the z3d than they had on the zed, the day of the alion, betides the two prizes we had taken from them ?—I did. Did you obferve any of the enemy's (hips advance from their weather bow ?—I did ; four fail of the line, befides frigates; were feparated from the fleet, apparently in good order. Did they appear to have fultained material da mage in their wafts and yards ? Nothing of conk quence. What was the fignal made to the Defiance on the morning of the 24th ?—No. 77, to bring to. What is the number of the fignal made to neon noitte the enemy ?—ig. IWas that number made to the Defiance on that day? Court—Was any fignal made to the Defiance to look out between the Britifh fleet and that of the enemy, or to watch their motions, previous to that fignal for her to bring to ? No, none. Do you knew by what accident the Defiance came in that firuation the fternmoft chip of the weather line, i fignal was made to bring her to, as one of the enemy's frigates was coming up a•ftern to i reconnoitre us, previous to which a fignal was made to the Dragon to reconnoitre. Was any fignal made after that to call in the De fiance to join the fleet, before he made the fignal to the Vice Admiral to a& if he fhould any longer keep fight of the enemy ?—None, except that of anfwcring her fignal. Did the font fail of the line on the weather bow appear to be parr of the fleet you engaged, or were they frefh (hips that had not been in the atlion ?—I conceived them to be part of the fleet with which we had been enacted. What was the number of the enemy's line of battle (hips at that time ?—Eighteen. Was the fignal which was made to Captain Dur ham to bring to repeated by Admiral Stirling before it was anfwered 2—l did not fee it. [lt was here propofed by Mr. BICKNELL to call back Captain Durham to explain his evidence, but Admiral CALI/E1 hying that he conceived his mif taking the fignal to be accidental, it was deemed un neceffary.] Mr. JOHN Strroa, Chaplain to the Phoenix. Admiral Cai.o2 it—l call this wands to (hew try apprehenfloos of the Rochefort and Ferrol fnuadrons, which I have mentioned in my defence to-day ; and that I expreffed them at the time. If the Court think this unnecelfary, I have no farther trouble to give them. I mean this, that I may not be fuppofed to have taken up the ground fence the 23d. The Court thought it evidence proper to be received. Do you re mimber my fending to you a copy of the duplicate of my account of the attion, ir i coutequence of the illnefs of my Secretary ?—I do. When ?—On the 24th of July laft. Did I fay any thing refpeaing my further inten• tion °Nerved, that from accounts you re ceived of the danger of the different (hips, it would be very imprudent in you to attempt to force the enemy to renew the allion ; that the damages were very confiderable, and that if you had it in your power to renew the aaion, you mutt abandon the captured (hips and the Windfor Cattle. Did I Mike any and what obferrations of the probability of the ltochefott frinadron being at lea ? *You told me you fully expeeted they were, as the Wind was fair for failing at the time Admiral Stirling left• the blockade. Did I fay any thing of the French Squadron lir a later date khan Letoaar, ; :iller. Ber- gto Sethi ma. to 131 he s of ?aril dire& teforrs by Vienna prom th, and flamliurgy 111APAILTel ' aid de its the 3d, nnd to The arms ice is . and if the account t, t. it ought to,:have yet it Is not:pub- ke had bog' coin- lion of the .14_ was, e ath ; for the ac-