Star. — London, England, 1815-01-21 00:00:00

TRIAL .OF SIR JOII4V MURRAY. FRIDAY—FIFTH DAY. Lieutenant-General MACKENZIE'S examination Continued. Q. Sir John Murray wished previously to observe, t h a t 3 paper which had been submitted to the Court on a former day, and at which he had looked, he was desired by Admiral Hallowell to abstain from sbeiving to those friends • who were now kind enough. to assist him with their advice. He wished to be in formed, whether he was no: competent to exhibit to hi: advisers Whatever documents were laid before .the Court, and submitted to his own inspection ? The DEPUTY JUDOS ADVOCATE observed, that the circumstance which alone entitled Admiral Hallo well to withhold the ,paper in quesdon was, that it not it that time decided, w — bether it could be re ceived in evidence. It was subsequently rejected. As soon as any documenti Decoct . Mutter of evi deuce, they became equally the property of al l pieties. Admiral Hallowell said, only motiv e for 'not permitting Sir. John *Murtiy . to • shew the paper to others was, that the Cotettyha then debating whether it should be receieett a4'ettlikinee. .:• G e neral MaikeiliothesiPaTopted Oft of Us' Former testimony which represented him to have been at Vandilovon the night of .thad 15th. .He did not wive till the morning of thelents, and, quitted it be fore night:. He had unfortunately been.robbed of his. desk and papers, and had not.themiere the means al. refreshing his recollection., .• • Q. If the enemy had advanCed in sufficient force from the westward, would nor the cavalry and artil lery have been exposed to great danger by being ma to Balaguer?—A. Previous to their departure, I was. directed to sem} the right wing of the 27th to cover the march, which was then supposed to be a suffaciecit protection. Q. Supposing the enemy, to the number of. 8000, to have been at Villafranca, could they, whilst Gene... r.d Cupuns WAS at Torre de Barra with 7000, have rarpri.;ed the British army at Tarragona, or inter rupted any measure which Sir John Murray might put.ue with a prospect of success ?—A. I du not 0.1::k they could have interrupted the siege. Torre de Barra is only seven miles • from Tarragona ; the ground is extremely strong, and almost a continued defile the whole way. Q. Did you, on the 12th of June, 1813, give as your decided opinion • to Sir John Murray, that there was at that dine no necessity for raising the siege of Tarragona ?—A. I did takethe liberty of suggesting to Sir Jahn Murray .the propriety of attacking Ge tseral Decaen's force, supposing it to have been at Villafranca. _ _ Sir John Murr a y sa id, his °hied was to spew that he was right in the estimate he had made of the enemy's force in the vicinity of Tarragona', when he directed the siege to be raised. Q. Do you recollect Sir John Murray arriving at your quarters on the Isth, and aceomnaityinti you to a spot where ydu saw the enemy's force ?—A. Yes, I do. • Q. On our advance through 'the pass, darott re- Collect seeing the marks of considerable bivouacs t•-:- .A. Yes, I recollect. Out infantry had passed 'overt the ground which the enemy had abandoned, in con sequence of a movement made on their right flank by it detachment from my picquets, as I think at a very early hour on the 14th. • Q. Of :what numbers did you then calculate the enemy's force to consist ?...4., , b amulet obtailt no just information.on That subject ptier.greater past, of the Valley in which Vandilcia, ia,,,ijulated, is, : latremeky reedy, and surrounded wishoi,ridge. j eaf Jaii. , The nhabitants had all fled from the 44 hOogelts.4o:l9olY found a few Spaniard* whom afte,Xirene,ik,liati.slisMis sed from their cantooments, and whose *ousts were leery unsatisfactory.. '. Q. Do you suppose from what you did sire, that they amounted to aOOOl-.-A t .'lley could not have 'stmounted to less. - - Q. You have stated that, hid the Trench force at Villafranca, supposed to be eight thousind men, at tacked the allied army, you should , have expected The most brilliant success on our part, and you tound :ed this opinion on the complete state of 'the allied army—will you therefore now state, what was the ;amount of that army on the I.2th of Julie, 1819 ?—A. :I certainly do not know exactly the numbers of the tdifferent corps of which the allied army was composed. Q. How was it generally composed ?—A. Of Bri tish, Grim in, Italians, and Spaniards. Q. What was the proportion of British and Ger :mans ? —A. I cannot pretend to give a precise an swer; I can state the strength of the different corps lOrmiag the division under my command. 1 . Q. Cannot you state generally ?—A. I cannot state it satisfactorily ; but my own division consisted of the la battalion of the 10,1 i, the Ist battalion of the 27th, id Ist of the 81st, a regiment of Italians 'and Rolle Dillon's. General Clinton's division consisted, I be lieve, of the Ist battalion of the 58th, the Ist of the 4th German Legion, and General Whittingliam's :114 corps ofSpauiards. Colonel Adams, who commanded the advance, had with him die 2d battalion of the 27th, a battalion .of Calabrese, a light corps, and a company. of riflemen called Rolle's company. Ta these I add General Copons's army of between seven land eight thousand men, made up of the best Spa. nish troops. I have already stated that the ground on which the action would probably take place was extreautly stramg, had Docaea adVanced from n Villaa. franca for the purpose of relieving Tarragona. ... , ... r • Sir Sohn Murray here observed, that the w itness ! had omitted to enumerate the regiment of Sicilians, in forming part of General Clinton's division. Q. What did you suppose might be the effective' strength of the allied army ?.....A. • I newer heardiej 'strited.as less than 18 or 19,000 men. Q. What proportion of these do you suppoie was British and Germans ?—A. I apprehend I cannat give such an answer as. will satisfy the Court ; but I should think they could not have amounted to less than 5000 men, in the highest state of discipline and equipment. Q. Had the enemy advanced, what proportion of this army would have been necessarily employed in maintaining the siege of Tarragona I—l have not con. sidered the subject, but should imagine that one lki. ' tish regiment and two Spanish battalions, or the two Sicilian regiments, would have been sufficient for that purpose. . • Q. What specific number of men do you think would be necessary I—A. I am supposing the 'Bri tish regiment to consist of 750, and the Spanish bat talicns at 5 or 600 rank and file. • Q. 1.)o you mean to say that this number could contain a garrison of 1,600 men, and carry on the siege of Tarragona ?—A.I think they would be suffi cient for that purpose with,the aid of the works al ready erected. • Q. In what . position would you have placed this force,' So as at once to maintain the works, and pre. vent a 'sortie of the garrisenl—A. Such a question requires too much consideration, and comprehends too many points, for me to answer it at present. Q. What force would have been necessary to de. tend the Col de Balaguer, supposing Marshal Su. diet to have been in lull march, to compel the British army to raise the siege of Tarragona ?—A. As I have not considered the question, I must beg leave to decline answering it. • . Q. Would not a considerable force have been ne cessary ?—A. Considering the situation of Vandilos, end the roads which run through it, I conceive it must have required a considerable fin ce. Vandilos is situated in a valley, and the road is so bad as to+ I maker it impraciicable to carry canuoo, and ' iu leach . • I . the French brought none. I Q. Are mete not other roads froth . that :int if the f ouutry down to the plain of the Ebro, and the plain Lag Tat ragona ?—A. I know but of three roads from 'Tortola to the .plain of the Ebro, on which caution can be brought, viz. that by Daintier, that by Mont Blanc, and that by Vandilos. Q. If there are no other roads within , yoiir know ledge, would it not have been necessary to secure these by detachments l.—A. Certainly, it troops Md. been moving on them, but of this I had never heard.' Q. Would Marshal Soult have required cannon, coming- with a force from the westwar d , to enable him to raise a siege, mainta ined b y I,JOO metr..—A. i t the force alluded to is the 12,000 . men of which his army has been Suppose d to consist,„ certainly not, as he would be then able to take the: bitttAies, T ke verse. • . Q. What force would ha v e been req.%shim to guard the pass fro" Mont Blanc to the plains of Tarrarna ? •-.-J - 1. Thai are two pages. but I db hot /40W.ivbbt Cross-examined. Q. You have said that whilst General Copons's army was posted at Torre de Ilaira, you did not think it pr.icticiible for the enemy to afford ail relief to Tarragona,—do not you know theta French force Loin Barcelona did relieve the blockade of Col de 14higuer in spite of Copons's, army some weeks be. fere ?—A. I am no; acquainted with. the, citc stance. I always understood General Copons's army. to consist of 7 or 8000 men, and of the but troops iu the Spanish =vox. Q. aid ilot the order for the re•embarkation of }out division reach you on the tnornihg.d.the 12the through the repass channel but 1.40 ant. recollect the name of the .porsoa that delivered it..... Q. Did it not march witn regularity to the beach ? —A. Certainly, with the exception of the right wing of the 27th, which accompanied and protected the guns and cavalry that were moved forward.to•Bela. goer. Ihe picquets of my division nearest Tatra. }lona were withdrawn, and relieved by detachments from General Clinton's about one o'clock. Q. Did it tot embaik without the loss of a man os any part of the regimental baggage ?—A. No part of the regimental baggage was ever disembarked. It was not probable that any men should be lost. No hurry took place, nor did any accident happen. The men went into the boats without their shoes or gaiters en, and with every necessary precaution. Of course all due celerity was used. Q. You have said that an order was brought to you to spike theguns on the batteries, can you state in what words the order was delivered ?—A. It'was merely a verbal order to spike the guns in front of the line occupied by my division. Q. Will you state the position occupied by the di- Vision under your command, on the 19. th of June, 1 ?—A. The division under my command accts. pied the line parallel to the Vrancola river, and dis taut about a mile from the town of Tarragona ; my picquets, both of resert.: and support were, however, tituch nearer. Tlley were supported by , a battalion on dirty night and day—the advanced picquets were about 400 yards, and the support about 600 yards from the town. The sentries were close in. Q What steps did you take on receipt of the order fin spiking the guns ?—A. None, immediately, but ' in P. short time delivered the order to the proper 01E• cers for the purpose of executing it. Q. Were the guns spiked before General Clinton's di vision had pissed the batteries ?—A. I do not know, 1)11 as I was then on board with my division, I take it for granted they must have been. Sir John Murray here observed, that it was of great iolPortance to him to ascertain this point, as he in tended to slew in his defence.that the older fur spik ing the gun=, as given by himself, was made to neat !Von a continAent circtimstatice ; and if Gen. M.lC euzk had nut it) received it, there must lava been an alteration in the delivery of it. s 9. Was not t: , .e order communicated to you by A-4 : 44 .Deeee a contingent. order ?—A. No, it was rnne:3 and direct. Q. At *hat hour did you order the message to be' •cained into effect ?—A. I do not know exactly, hut, "me time previous to the time of embarkation, which was one O 'clock, when Central Clinton marched on Ilse ground previously occupied by my division. What number of the enemy was in your front, W .'en you tuok upon ye t t h e command of the right d il i c l n u o t t ts L on tro. the 13th or 14th of June, 1813 ?—A. I till the next day what numbersof the e T r ny,?ese at Vandiloe, when 'I was informed by Sir Dlurray that the y were 5 or WOO strong. Q. At %%h at distance was the enemy in front of llantli1:. on the 11. th ?—A. Th e enemy had strung, L i c e ( 111 town, at Mar de Iteina about three miles from with a lice of woody hill s , Withinna i p . i w cci ll ue u t ud s.o c c o c d upying a ridge', advanced Pests. yards of our,: Q. Where were • y o ur ad vance d Pag4 0 11,1 4 4184 . . • • • ' /a • of tl.e 14• th i—A. They occur ... a narrow pass some.. numbe r of men might be necessary, as I never visited where about hall w* t .t itoodivo dd Rdip4 and' the Iherkb i riltrottgh<oliositp • . ~ • `trench posts. • • •-•-• - l 2! (tee deductiokilie 1• ei thee that he thought Admiral Hallowell °bleated to that queitioni, as aulficielli i'liielitfiMillie siege . Tarragenia, iod tfie relating to transactions subsequent to the e matter con- ofttirber ihit would be necessary to obierve the diffe tained in the charge: •i•.. ' ie :"''‘ ..'" 41 4 • 1 scut roads by which Socha might Isaii ad+anced, • The Deputy Judge Relvlic r ate'"a4 the * President what proportion of th e whole B r iti s h army could of the Court were of opinion that the . questions Went have been sent forward against ,600 French advanc to produce evidence that Might he• material M the ins troth Villalranca ?—A. It *as iMpossible for him say W': cpusidcration of th e charge. Sir - --1 r .. 1 . M nl4 ay then stated, that it was a very im portant queition for hiiis to ascertain. - As General Mackenzie had before stated, that there would have been a probability of brilliant success against the enemy, he wished to know the grounds on which this opinion sasti founded. It did apjear to him that he ' had expteased this opinion rather unguardedly. The witness said, that he had not considered viirei aumber of. men ought to have been left on thaw roads to watch an enemy, as be had not heard of the teensy having then a single Man on any of the roads . Minded di: Q. Wotild It not belie been in the power of Gene- Detects taloa* given or declined a battle as he eat proper, if he had forbad the Allies in position t torte de tarn' f—li: He certainly might havere -ni ii• • i,... .- road ~ either by the he catne, or by ano th er. • YQVDa you recollect being on the 12th at the guar- rs of Sir John Murray, with Colonel Adams, Ge- i al Donkin, and Colonel Thackery, and can you bite what passed there ?—A. Ila recollected being' ere with the officers named. It was proposed that forte , hey should jointly state fu 'Sir John Murray their opinion, that a successful' attack might be made lon General Decien's division. Colonel Adams 'stated this °pink:m.4r Sir John Murray, and he also expressed his opinion to the same effect. To the best of his recollection Sir John Murray gave no other answer than" it will not do." Q. Did not Sir John Murray state any reasons for 'not approving of it ?—A. I think not; the conversa tion lasted for a very short time. Q. Do yoti recollect that Sir John Murray shewed you at that time a passage in his instructions from Lord Wellington?—A. He did not recollect that be did so at that time, but hebad done so at other times. Q. Did the witness recollect his concluding the conversation with an observation that this is unan swerable ?—A. He &el not recollect it, hut should not be surprised if he bad said so upon Sir J. Murray's repeatedly saying, k will not do, •it will not do. Re-examined by Admiral Hallowell. He was not acquainted sufficiently with the history of the campaign in Catalonia before the arrival of the British to know whether the blockade of 13alaguer had been raised or not by the arrival of the Frencli from Barcelona. He considered, however, that the force of Gcntlial Copons - consisted of 8000 men, who were among the best troops of Spain. If General Sir John Murrafhad expected the arrival of a French diiiisian •on the lath or 15th at Vandilos (a long day's march from Tarragona), he did' not conceive that tilde *mad justify the retreat in the manner it was coaSueted. On the 15th he was 'in the neigh. hourhbod - Of Vandiloi, when Sir John Murray in foriried him - that the French had between five and six thousand men. It was on that day intended that he should attack the French who were in the valley with a division of 1,600 men, British troops M'troops in British pay. This force not being eon- . Varrerd tioffiefent s -it - Sias intended' that - 2 'regiment-et Spanish CsOdores, 1000 stmng, and the grenadiers of O'Reilly, were to join him in an attack to be made on the morning bf the 16th. He certainly could not suppose that S r John Murray believed that the French amounted to five or six thousand men, when,. Upon the 15th, he canceived 1600 British troops su f . acient to drive them out of the valley. He did not conceive, that if it was perfectly known that five or six thousand French would he at Vandilos on the 15th, that this would be a sufficient cause for raising the siege on the 12th in the manner it was raised. As General Copons was in a strong position at Torre de Barra, he thought it not necessary to have sent the whole of the allied army, with the . exception of 1900 men, against General Decaen. The more troops, however, which were sent, the greater would be the probability of success. In answer to some questions put by the Court, the witnesa stated, that from Tortosa to Tarragona, by Balaguer,• would be a march of two days and a. half; or more probably three days. The march by Mont Blanc, would have taken up four days. The other road might hate beei three days' march, but was impracticable for cannon. Admiral Hallowell then produced a paper, being a return of the actual number of the troops, as given him by the Deputy.Adjutant-General of Lord W. Bentiack. This paper was not received, as .the Adjutant Ge neral himself was to be examined as a witness, and as the Court expected an account of the actual number of the troops to be laid before them in a more regu.; far way. Colonel Lord F. Bmarincit was next examined and 'sworn. . . He comusanded the brigade of cavalry before Tar ragona, consisting of about four or six hundred men. About 'nine or ten in theanorning of the 11th, he re ceived the orders of 6ir John Murray to march to Altafulla. Sir John arrived at his quarters in the course of the day, and he then asked the General whether he had received any intelligence respecting the enemy ?He answered that he had not. Ile then asked him whether it was neeessat y for him to use any extraordinary precautions or vigilance in the course of the night, and was answered that it was not necessary. —About two or three &clack in the morning of the 12th he received an order to return to the camp be foreTaiaagona. About four the brigade began its march, but he himself staid behind till about seven, to endeavour to obtain information respecting the enemy. 'He could not, however, learn that they had' advents& bkyond Villaftanea. He returned to head- . quatterebetween eleven and twelve o'clock. He then. found UM about half of his brigade of cavalry had been etnbaiked, 'and that orderi had been given for spiking the-Ml*o. No question was asked him as to, the information he received respecting the enemy.- 7 Whit:4'Bli John Murray say that he had not given ord'eta fOt4pNciag the guns. General Donkin attn.., teatAttottirlklitl him' to go with the remainder of his' hvigidaMdrSalajtuer, and said that soma infantry Ittbulinri lientwith him. General Donkin also told , Mtn tiiirtlevies probable that he would be attic 'bale Wirth to attiditutre• sad that the army ia•u! . . . . • . be attacked 'lc o on the beach about five out in :0 evening. tie march to Belaguiti (ilk no in.:lntrT W4ccompaisied him, nor did he see shy follunitl;* When be was at , iihs ..1411#, he did dot know wkri General Canoga was ;. but about . the time. gir )1m Murray left the towni t u64ur cavali7 enteric', *that he eonp7ayed to be,an escort eithei cornpaniing thit oilotnkt oil* Spinish Genera) of high rank... . • fir Wt .. • Cross-exaniined by 0111 f URRAt... Ho did not,concelie that at the time Sir joiin told him that he need not use auy eitraordinary precacc. that this communication was made, in c , Ilse. quence of the situation of General Ceptins's army in his front ,: but be suppos ed it to have rather been from no enemy having been heard of iq that siiree;ion. The contmtinication which beneral I)oukin made to bias about the prgbability. of hi, being attacked on his , march to Balaguer, and die army being . attiel..:d on the beech.= five o'clock, beenneeived to be thereiy the opinion of General bonkin, and never uuder stood it as official information coining from Sir Jain Murray.•s, • • The examinatiOn titis.witnest being closed, • .Admiral Hallowell proposed to call Captain In. gleby again, to put a few qnestiotts to hind. The. Juntas ADVOCATI informed him, that, ni he had already examined him,, lie must stave to the Court trhat queitions he now wished to ask him, as it was Cu- . the Court to say whether he should be again examined. Admiral Hallowell then stated his questions, but as it wanted bin a few minutes of three, the Court ad journed till taniurrow. . „ Horse Guard-, January 1 At a General Court-Martial held at Whitehall, on the 13th December, 1814, and contioued by adjolrn ments to the 16th of the same month, E:isign WIL LI/tat GEOHOE STEPNEY Cowart., of the Si keviment of Foot Guards, was arraigned upon the nade:-area tioned Charge, viz. " For meeting into sod pulisicly and personally engaging in a quarrel, at the Theatre at lloordeauz, on or about the 3.1 day of July, 1814,' with ednimigsary Hostel', and sume days after wards making a COnCeS;ioll to the said Commissary Hos talt, by whom he had been publicly insulted, without anj pretence or grounds whatever for any conce.sion on his part, itich conduct ' being highly unbecoming, and, degrading to the character of an Officer and a Gentleman." • , Upon which Charge the Court came to the follow. ing decision : - - - - - - - The Court having maturely weighed and considered the eels dente adduced on tl►e part of the prosecution, as well as a hat has been offered in defence, are of opitsion, Enmign N ILLIANt Gnomic &rant Le CoweLL, of the 3d itegintt-ut ur foul Guartisi is ecimrs• of the charge; and do adjudge—am he be dismissed root his Majesty's Strttice." At a General Court-Martial held in Edinburgh Castle, .on the Ist December, 1814., and continued, by adjournments, to the 9th of the sam • rh Assistant-Surgeon Joint LYsTrit, of the 7th Dr.tgoon Guards, was arraigned • upon the undermentioned Charges, Vi 2.— • " Ist. For receiving a discount or deduction from the amoun of the bills paid by him un account of the. Depot litoptal e t kitis.elhergb, while in charge Of iLe said Hosrital, from tite td NoVzinber ' 1818, to the 1 in.h April, 1814, whict aisttiwtt ur deduction he did nut place to the credit Isf the Hospital Fund,. thereby subverting good order and military dueipline , and itt• . fringing the Articles of War. " sd. For applying to his Own private use, coali and provided for the use of the sick andel- his care, while ki rtr.trge of tbisaid'Hospital, during the above period, thereby , stittrenht/ good order and nu:iiary tliscipliue, and infringing the Ai vas*, of War.'! The Court found the prisoner Guilty of the First Charge, but acquitted him of the second : and be was sentenced to be dismissed from his Matie,ll4 service." The Patxce REGENT has been pleased to approvrt and confirm the finding and sentence of tile Coutt but taking into consideration all the Circumstances of the case, particularly as set forth in a letter from the President in his own name and that of the Court Martial, the Pat.sc4 REGENT has been pleased to con sider the prisoner as an object worthy his most graci ous clemency, and to command that be, Assiaant- Surgeon Lyster, should be restored to the functions of his commission, after having received a reprimind , and admonition to be more circumspect in his future coadnct. TO THE MIME OF THE STAR. • Slit—l was happy. to observe by several of the Papers, that some arrangements were in preparation for the benefit of Captains in the army, who, from their long services, had become Brevet-Majors; but as there are other ranks who equally merit and require consideration, it is to be hoped, the intended advance ment will not be confined solely to them The gene. ral satisfaction manifested, on the generous determi nation of the Admiralty taprovide for a number of their Warrant Officers by promotion, led mane indi. viduals connected with the army, to hope his Rorat, litonzass would have taken the hint, to improve the situations of those Officers of very long standing is the different gradations of regiment rank. On the expected reduction of the army, allowing all Brevet Lieutenant-Colonels and Brevet Majors, who have received that rank from length of service, to retire on the halfpay of it as if it was regimental; and per. mining Lieutenants who hate served as such for 8, 9, 10, 11, or 12 years, to retire as Captains, would provide for a number of old and deserving Officers, who thus situated, need not be shut out f rom a Morn to the service. As Officers of the above description are in general to be found, only in regiments which have been unfortunate in promotion, the plan would, I have no doubt, be gratifying to the service at large, as it would benefit one very deserving class without injustice to any (it!,er. Or should a long Brevet on a more enlarged scale, taking in Subalterns, be given to the Army in coititnemorati:in of the Peace', which their country has gratefully acknowledged their share in effecting, it would furnish them with a more pleasing merneeial of that fortunate event, than the starving is of a half-pay list can ever afford.—Yout obedient, A VERY OLD MAJOR'. London, January 19, 1915. Tea Thososad Taro Hundred Poise I—The Ticket. Ne. SSW. drawn on Wednesday last a Prise of 4200. and. being the first above 025, entitled to £lo,oeo in addition, was shared and sold by Wean, 17, Lud gate-street, in one Quarter, three Eighths, and six Sixteenths. The First-drawn Prize above £25 Now Friday, beiag the Second Day of Drawing, will also be entitled to 4610,000...4-Tiokets and Shares, war ranted undtawn, are selling at Waisa's.Lucky ()Aim, 17. Ludgate-street, ne r St. Paul's ...Wm by Pest duly executed. • • r,