Star. — London, England, 1829-09-12 00:00:00

T BATTLE OF NAVARIN. COURT MARTIAL %iron CAPTAIN DICKENSON. R.N. Poargagoarr, Faiaar. Scrr. 11. CAPTAIN DICKENSON'S DEFENCE . The Court met at the appointed hour, when Captain Dickenson proceeded to read his defence at considerable l en gth. It commenced as follows Mr. President, and Gentlemen of this Honourable Court, may it please you, Sir, and Gentlemen,— In respectfully presenting myself to you on my defence, I have now to repel imputations which Vice- Admiral Sir Edward Codrington has, at this late pe riod, thought St to adduce against me, the circumstances attending which, it is universally felt, are of so extraordinary a nature, and the manner in which they have assumed a tangible form altogether of so novel a description, that the pages of our naval history do not, I believe, any where present the like, involving not only my reputa tion as an officer, but establishing a precedent which may almost lead every other brother officer to question the security even of his own just character, and to join in doubting whether those hard earned laurels, which the sanction of our gracious and beloved Sovereign, and the approving voice of our country, has long yielded to any of u 4, may not rudely be torn from our brow, and at a period, too, when, by lapse of time, it is become impossible to bring all the proofs which bad existed, to show how justly we were entitled to them. On this occasion, Sir, I feel that most ard•ous duties are now cast on me, not only as relating to myself, but to my brave companions in arms, who shared with rite in the battled Nevada°, and who were more immediately under my own command during the greater part of it, after that command had devolved on me by the lamented fall of Coen modore Bathurst. And-not merely, Sir, to myself, and to these my brave companions, but to the service in gesseral, does my present duty extend." The defence proceeded to comment on the serious nature of the charges, which in their effect came within the scope of the 11th and 12th Articles of War, for punish ing disobedience, cowardice, negligence, and disaffection. The circumstances which led to the imputations upon the conduct of Captain Dickenson were then considered, and the defence entered in detail upon the offer of the Russian Order, the application to Sir Edward Codrington, the grounds of his re fusal, and the consequent correspondence with the Admiralty, facts with which the public are already familiar. It then ad verted to the dispatches of the Vin-Admiral to the Lord Nigh Admiral, dated the 21st of October, 11127, in which the conduct and bravery of all those under his command were spoken of in terms of the highest general encomium, and further to the sub sequent General Order dated October the with; in which the 'Vice-Admiral proclaimed the high seise he entertained of the gallant and steady conduct of the Olken, seamen, and ma rines. " Notwithstanding," continued Captain Dickenson, " all these accumulated expressions of satisfaction on his part, and when more than one year and eight months had elapsed without the slightest imputation in the interval being insinuated by him against me to the contrary, and when military orders of the Bath, of St. Louis. and of St. Ann, bad been conferred on me by their Majesties, oer Most Gracious Sovereign, the Emperor of Russia, sod King of France; and when I had retired from the din of war, to repose in the bosom of my family, and in the esteem of my friends and companions in arms, with these dis tinctions whirl I have now the honour to wear, I could but be astonished that charges should at length be adduced against me, diametrically the reverse of the Vice- Admital's public dis patches, and of his general order, and so incompatible and con tradictory to them. The public dispatches and general order alone present a complete negative to the charges now brought forward. If three days after the battleorrith full deliberation, the cooduet of every one engaged fresh in his recollection, and every means at hand for forming a judgment, if he then felt not the least ground for charge against any, but, on the contrary, bestowed general approba tion on all, how inconsistent it appears that he should now, at the dis tance of twenty months, venture to hold me up as the only individual amidst the whole of the combined squadrons who was a At subject of the charges he has now brought, and should at length say he had no reason to ',prove of the conduct of the Genoa from the time the cum mend of her bad devolved upon me r After commenting shortly upon the manner in which the prosecution had been conducted, and alluding to the repeated declarations of the Vice-Admiral, that he bad not desired to press the charges to a trial by Coast Martial, it was remarked, that whether the Admiralty or the Vice-Admiral prosecutes, it is no dillicult problem to *oh* that the charges ema nate solely from the Vice-Admiral himself—that they spring from his own mind, and that his letters are alone the source and the fountain whence their Lordships, seeing bow grave they were, felt it their duty to direct this court martial ." With respect to the allegations themselves, as connected with the letters in which they were conveyed, the following observations occurred s " The Vice. Admiral. and Captains Ormssaney. Curzon, Baynes, Drake, and the ethers who did not belong to the Genoa, could only speak of the occurrences as it regards the Genoa as spectators ; and their accurate recollection is too much Impaired by the lapse of time intervening ; and called, as they were, accurately to speak to occurrences of twenty months, without having made particular observations at the time, it was impossible any one could speak with precision, and all were honourably anxious to qualify their evidence accordingly ; so that their evidence is reduced to belief and conjecture, or inference at most. " The Vice Admiral first said that, front the position on which he observed the Genoa, it did not appear to him that she made any use whatever of ber springs, and that het broadside consequently was not directed to her proper opponent ; and Capt. Curzon was under the same impression, although he admitted that not being on board the Genoa he could not tell, and that the extreme density of the smoke was such that they could not tell friends from Turks ; and although he had at first thought that his ship, the Asia,was receiving some shot from the Genoa, his opinion was altered, unless she bad fired ber luboard-broadside, which he had not then ascertained, but which the Court now have; and it is established before them that the Genoa never did, during the battle, fire her larboard broad side. The beautiful position she took could not have been tribe if her springs had not been used ; and Capt. Curzon, as well as Capt. Baynes, admitted that she bad never altered her position with respect to the enemy during the whole of the firing, and that it was the same as when she anchored; and though Capt.Ommatiey could only say that she diJ not appear to him to be in the most favourable position for engaging the ship opposed to her, yet he had no opportu nity of seeing whether she sprung or not atter she first anchored, and all his evidence was constantly qualified with the density of smoke, and Isis peaking to recollection ; but Mr. White, who was master of the Albion, said the Genoa was placed perfectly right, broad side to broadside with her opponent, and that her opponent was totally dismasted by the Genoa, and that her firing was that becoming a British ship of the line ; and from Captain Baynes it is elicited that the opponent of the Genoa was com pletely silenced, the two tine of battle ships opposed to the Asia and Genoa having fell on board each other ; and the Vice-Admiral admitted that he was delighted with the seaman like and courageous manner in which the Genoa took up her anchorage, under circumstances of no ordinary difficulty ; and although when the smoke cleared at intervals he observed the Ge noa was not using her springs, yet be said no signal was made to her by him, nor any communication, nor any thing done to that effect; and although the next day the Vice-Admiral would, on referring to the minutes on this part of his evidence, have explained that the Asia had no boat left that be could send to the Genoa, yet it was afterwards shown that the Genoa herself sent a boat with the master, and a hawser, to assist the Asia in getting clear of the Turkish frigate, then on fire; yet it does not appear from the Vice-Admiral or Capain Curzon that the least observation was then made to the master by either of them, with reference to any dissatisfaction the Vice-Admiral might then have felt at the Genoa not using her springs ; nor was any message sent to her by the master at that time, nor at any other during the battle, In that respect, from the Vice- Admiral ; and it was in 'positive terms said by Captain Cur zon, that no English shot were afterwards found in the course of the repair of the Asia. Captain Robinson, being then Se cond Lieutenant stationed oa the lower deck ; Lieutenant Stott, being Fourth Lieutenant, stationed also at another part of the lower deck ; and Captain Smith, being the First Lieutenant of the Genoa, all fully confirmed that the Genoa was constantly, as much as possible, kept in the position she originally took, com pletely abreast of her opponent ; and that when she began at all to diverge from it, instantly the springs were used; to bring her back into her roper position, abreast of her opponent; and that every soul, oi and men, on the lower deck, were em ployed therein when necessary, myself going down on the occasion to the lower deck, end setting the example of hauling on the spring ; that the Genoa's starboard broadside generally, and not /merely her stern and quarter guns, were fired with the best effect on her opponent, and it was impossible any officer could have doors more, or shown more anxiety. than I did through out the action. to conduct myself as became me. Those are in deed subborn facts, all completely negativing not only the charge of my not using the springs, but affirmatively of my own general conduct. In regard to the charges brought against me, 1 would first call the attention of the Court to that arising out of the return of the killed and wounded, a sinister motive being imputed to me in including the late Commodore Bathurst in the list of killed. •Certain it le that he was returned as killed, and which was true in tact. for be was actually dead when the report was made. He had, as it is in evidence, received his mortal wound in fifty minutes after the battle began, by a grape-shot passing through his body, Isceradog his back-bone and protruding his bowels ; and be after wards survived this mortal wound in the tip abort half' past one, not three, am. and to the Vice-Admiral I immediately reported his death. el It is proved that he did retain his faculties, but it is not proved that he gave orders during the whole time of the battle, or that atter he fell he ever issued an order of any kind. After the battle I made my official written return of killed and wounded to the Vic e about two, e.n. on the 21st of October, and at that time Captain Bathurst having been dead more than twelve hours, as it has been proved to you, I returned him in the list of killed and wourded, as killed. Although the Vic- Admiral charges that I pro cued the Surgeon's signature to the return, and would hence ir..i. mate an impropriety in so doing (and which I repel, utterly dis avowing and disdaining any sinister object thereby), I contend I could not at that time have made any other return. It did not occur to me that I could, when making it up, state otherwise, fot Captaiu Bathurst was then dead. And here, if I needed prece dents for such a return, the pages of our history afford me innu merable ; but I would advert to one of the most striking—that of the immortal Nelsen, who fell in his ship. He, like Captain Bathurst, was struck and mortally wounded in the battle of Tra falgar, and expired after the battle ; yet he was returned as killed, and it could not be otherwise consistent with sound sense. 1 might quote also the instances of General Wolfe, Sir Ralph Abercrombie. and Sir John Moore, and many others who were wounded, but did n:st die until after their battle : they were all returned as killed. And as to the log which the Vice-Admiral offered u evidence on this charge, when Captain Bathurst was mortally wounded, it was my duty, by the rules of the service, to take the command, in abeyance, as it were, pending his existence. When he died, it was equally my duty to retain the command ad interim till another Captain was permanently appointed; and in both instances the log, in its usual brief entry in the shape of mi nutes, only says, I took the command, and I say consistently with truth it could hot be otherwi-e. " My return to the Vice- Admital of the killed and wounded happened at first to have had only two columns in it, one for killed, the other for wounded—not contradistinguishing it by separate columns as it has now, the severely wounded and the slightly wounded—and when the Vice- Admiral saw my return. he required it to be altered, with an additional column to dis tioeuish between severely and slightly wounded; and on his or dering it to be given back to Lieutenant Itobinton, the bearer of it, for such an alteration to be made, the report wa■ brought back to me, and an additional column immediately insert d, but still having Captain Bathurst in the list of killed, and this I affirm was the only delay which occurred in making it ; and t►e Vice Admiral's memory also wholly f.ils him that his public dispatches were delayed we hour thereby; but the Vice Admiral again received the return, and immediately transmitted it to his Royal Highness the Lord High Admiral, with the other returns of killed and wounded, and they appear in his uncial dispatches of the 21st of October, 1827, and in the Ludas Gazette Earsionfinery of the 18th November, 1827. But before so transmitting It, be, with his own hand, wrote thus, opposite Captain Bathurst's name, in the return. ' Was severely wounded, and died during the night," adding his own signature, as the original list sent by him to the Lord high and now on your table, shows. The coders of Capt. Bathurst were followed up; and if, as I trust it will appear, the praise which the Vice-Admiral vouchsafed to bestow on the Genoa at the time was well deserved, it is to Captain Bathurst that the glory of it is due ; and his followers in the fight feel consoled for his loss by the justice of the tribute then paid to his memory. Would that be bad lived ! He would then have enjoyed his own reward—this Honourable Court would have been spared this in. quiry. I should have escaped the painful and invidious situation In which I stand; and, above all. my country would have been spared the distres.ful necessity of such a scene. If, however, I ought originally, in my report of his death, as more regular, to have given the explanation of it which the Vier-Admiral himself afterwards gave, he thought fit at once, with his own hand to correct my return, making it in that shape which he deemed to be most correct, and so he sent it to the Admiralty. How then was it possible, in the nature of things, in the whole of this trans action of the return that there could be a ma statement on my part, by which I gained or bad conferred on me any honorary dis tinction? The Vice-Admiral and myaelf were the only parties to Use transaction. Where, or with whom, it any incorrectness existed herein, did such appear, but to the Vice-Admiral himself only, and ►y the Vice-Admiral only? And according to his judg ment it was corrected before the return had his sanction." Capt. Dickenson then went into an examination of the evidence ono' these heads, and strongly insisted upon the many failures of the Vice- Adl. recollection of the circumstances connected with the battle, as a reason why his statements when opposed to those of Sir Edward Codrington, both being unsupported by evidence, should be pre ferred. Captain Dickenson then addressed himself to the charge of firing into the Asia and Albion, and contended that it was wholly disproved by the evidence of Captain Smith, which evidence would be confirmed by other officers of .the Genoa. Upon the points of not using the springs, and that the stern and quarter guns only were fired, after pointing out certain incongrui:ies in the charges, the defence ran thus : 1 ' Now, Sir, as to the first of these points, I contend that the springs were used in the most eflicient and successful manner that it was possible to be done throughout the whole time the command had devolved to me, and that, as much as possible, our broadside was kept to our ap pointed opponent. I had the utmost anxiety as to the springs, feeling its groat importance, and I therefore gave instant order. to Captain Smith when I thought it necessary, and went below to the lower deck myself to direct the operation in person. Next, Sir, as to the stern and quarter guns, that they only were bred, I imply answer this by a positive an d complete denial of it. I maintain, on the contrary, that not only were the stern and quarter guns fired, but the whole broadside generally brought to bear on our opponent with due effect. " The nest charge is,' That the mlzen.mast was allowed to go by the board the day after the battle; and in the third letter it is said,' for want of being properly secured.' To this I can only answer that it was badly wounded, and nearly cut through 10 or 11 feet above the deck, and that every possible means which seamanship could suggest were used to secure it ; and !refer on this part to the evidence before the Court, and that nothing was left undone which it was incumbent on us to do to save that mast. In the 3d letter of the 17th July it is charged,' that the refittal of the Genoa for leaving Nevada, and engaging the batteries if required, was unjustifiably tardy, and that the same slackness prevailed on her way to Malta. ' I have merely to say in answer, that the t our' has gone into evi. dance on the comparative damage sustained by the Asia and the Genoa, and I hope to elicit that which the Albion received in the battle. his will enable the Court to decide on the respective quantity of work which we had to do, and whether, as stated by the Hon. Admiral, the Genoa was less damaged than the other ships, and whether our refittal was unjustifiably tardy. The fullest evidence which I can adduce will he brought under your considera. Liam, and in justice to the °Seers and men of the Genoa, I trust that it will convince you how great in fact their exertions were to get their ship refitted and ready to proceed according to the Admiral's orders. Some of the officers who were called for the prosecution did, it appears, entertain a notion that we were in ferior in that respect ; but if the evidence as to the greater damage which we had to repair shall not fully satisfy the Court on this bead, I would submit to its consideration how much greater was our loss in killed, and our consequent dimiaution of strength ; but above all, I would remind the Court of the loss which we bad sus. tamed in the death of our Captain. And her,, in justice to the crew of the Genoa. I must say it was impossible for men to exert themselves more to get the skip ready tor sea than the Genoa's did ; that they worked night and day, the hammocks not being down for five nights; but I do not make these observations as in any contradistinction to what was dune in other ships, but only to show the unceasing labour of the Genoa's crew. It was not pos. sibk for men to behave better ; and there never was a moment, from the time of entering the port to leaving it, that we were not ready (or action, and to renew it if called upon." Upon the charge of slackness in rell•ting the Genoa, the defence proceeds thus : "And as to the imputation that the slackness of the Genoa prevailed on her passage to Malta, my defence must rest on the evidence as far as h confirms the following statement. When we kft Navarin the Genoa had her proper mainyard across, which being heavily fished, added, of course, to its weight on the wounded main-mast. Nine of the main shrouds being new and unstretched rope, we were at first very apprehensive as to the quantity of sail the mast would bear, and the first two nights being dark and stormy. I thought the utmost caution and prudence necessary, and as the Asia had jury yards on her mainmast, and was consequently not under the same necessity to be careful, I hope that our having dropped somewhat astern at first will appear to be sufficiently accounted for. I can only add, that as soon as we acquired sufficient confidence in the security of our mainmast, I carried on it all the sail that appeared neces sary. and that as the Admiral did not reprove me by signal or otherwise. for slackness in that respet, 1 never suspected his displeasure on that scare until these charges were framed. But it is not irrelevant here to notice, that in consequence of our having a strong and good carpenter's CreVf, and their time and labour being so well and elleiently applied, both at Navarin and on the passage to Malta, we did not require either of the lower masts to be taken out at Malta, and were able to proceed from thence after 15 days' refitting at that pert, and that our mainmast, crippled as it was, was yet able to take us to England in 17 days. having a very boisterous passage, and without the slightest accident to hull, masts, yards, or rigging. The nett charge in the third letter is, " That the Genoa con tinued arinf after the battle was over, at the risk, and to the probable injury at the Allied skips, until hailed from the Asia to cease.' It happened that sometime after our appointed oppo nent appeared to bare been silenced, a large marble lbw was fired front her, which killed and wounded several of our people; it was immediately returned from our guns, and almost at the same moment the Vice-Admiral hailed us and commanded us to desist. At that time no ship whate►er of the Allied squa dron was in the direction of our fire ; but it is to be observed that our opponent had not struck her colours, or given the least intimation of bee yielding. I could not, without a very serious breach of duty, and violating the articles of war myself, endanger ing serious consequences to myself, cease my inntiot exertions to continue the battle, and it is proved to you that there was then no demonstration of her having yielded, so that my duty, in fact, was to continue fighting; the symbols of resistance understood in naval warfare were still displayed throughout the hostile Beet, so that the ship having been once committed in action, I was bound by my duty to continue the fight; and the authority of the Vice- Admiral only could jurtify me in staying the fire; that authority being given, we instantly ceased. '• I now come. Sir. to the last charge brought against me, and which is contained only in the Vice-Admiral's third letter of the 17th July. and was nor even hinted it in either of the preceding letters, but embracing what he stated to be in the nature of a round robin. One day, on our way to Malta. several of the petty officers brought to me, un the quarter deck, a petition. folded as a letter, and addressed. as it was, on his Majesty's service, • To the Vice- Admiral, as Commander-in-Chief in the Mediterranean,' and begging me to present it. Till that moment I had not the least idea of their object, much less was it pr. viously known to me that they were intending such an application. Of course I read the petition on its being put into my hands, and I immediately to this effect told the bearers of it that I could not comply with their request in conveying it to the Vice-Admiral lest it should dieple ese him, for although it was couched in such terms of respect, he might think it intrusive on his province, and contrary• to discipline, and I thetetore reourned it to th-on. In about two or three ♦ays af terwards the same pernitit again presented themselves to me on the quarter-deck with theit petition. entreating me to convey it to the Vice-Admiral, and assuring me that nothing but the greatest reverence prevailed with alt the crew toward• him, and the pretest respect to myself. and the' they should be most happy if their petition were complied with. This second application was couched in •o respectful and earnest a manner, and they seemed so bent on bringing it Under the Vice-Admiral's notice in some more objectionable mode if I did not forward it. I then thought it best to take it myself to the Vice-Admiral, in order that I might have the opportunity of explaining the circumstances attending it. I was the more dispowd to take this course. hoping that my respect fiel explanation would utility the Vice-Admiral that it was much against my wiala that a request should be intruded upon him of such a nature and front ►uch a quarter. when he himself knew I was not eligible at the time for the promotion prayed fen. I was therefore induced, with those views, to say I would take au op portunity of putting it into the Vice-Admiral's hands." The defence then recapitulates the circumstances as they ap peared in evidence relating to the settlement of this question of the round robin between the Vice-Admiral and Captain Dicke:l - ; enforcing the impropriety of its now being made a matter of charge, and contending that the document was neither a round robin, nor in the nature of a round robin. Captain Dickenson also entered into a distinction, shoving that the request expressed in the document was in a " awspluini" sense, and not in that o. " requir ing or demanding," as was implied by the terms of the charge. Another ground upon which he rested was his ineligibility to the situation of Captain of the Genoa at that time. lie maintained that all for which the document expressed the hope of the ship's company was, that he siould be allowed to take the Genoa to England. The defence upon this head thus concludes :—" I now, therefore, on the whole, submit to the Court, that whatever might have been in the least degree improper in me, if it were so, in so hand.sig this petition to the Vice Admiral, justice to the service had been fully sati•fied ; and it ought not to have been, not e v e r should it be, the subject of so grave a charge on hi. pin, and upon which too I should be arraigned and tried by a Court Martial; and I Mere(' 11 do most confidently hope and trust this Hon. Court will feel that not the least further censure is necessary, or ought, for the good or well being of the service, to be inflicted upon me un this charge. " In ore respect, I look back on this transaction with parti cular sorrow and surprise. Sir Edward Cudrington has deposed that he returned me the petition from the crew of the Genoa, ' under a conviction that it had not really emanated from themselves ;' and afterwards, more distinctly, that •he thought it a contrivance of Captain S.nl'h and myself, to further our views of promotion.' It is true, indeed, that the lion. Admiral has now done me the justice to acquit me of this meanness; but, Sir, I cannot forget (and I trust that the pain with which I recollect it is both natural and pardonable), that I so long stood in the eyes of my highest superior in a light thus con temptible. Could I have suspected the possibility of this un happy impression, when his praises were still recent, and my heart yet warm with gratitude for the clemency with which be lad pardoned my inadvettent error? Above all, could I have sup posed it possible, that while the f f my Sovereign was heaped upon me at his representation, he considered me himself a mean suberner?—that while I was thus stained in his esteem, he could see me, without remonstrance, received as a companion of that ho. :mutable order whose highest rank was his own reward ?" Upon the point of Capt. Dickeeson's having visited the Asia on the night of the battle, the defence proceeds thus--" It has been doubted whether I bad mytell actually gone on board the Asia, on the evening of the battle, to report Capt. B. being woutided, and af terwards, in the night, to report his death. I well knew this myself, but none of the officers of the Asia who are here can recollect at this distance of time. Happily, however, for me, I have now a witness to prove his taking me on board the Asia, the evening after the battle, just about seven o'clock. It was in a boat passing by from another ship, the Cambrian, and which I hailed for the purpose, as we had no boat at command. He took me on board the Asia, when I announced that Captain Bathurst was mortally wounded, and Captain Robinson will prove subsequently the manning a boat in the night to take me to the Asia, to announce his death; so that, connected with the other circumstances already in evidence, all possible doubt must be removed from the mind of every member of this Honourable Court on that point. The Vice- Admiral coming from the Genoa to visit Capt. Bathurst, with other circumstarces, were abundant proof that some alai or other had reported his being wounded. Capt. Robinson manning a boat for me in the night to go to the Asia, is conclusive that ent to an nounce his death, and it was most respectful to BathurstCapt that both these should have been done by me, and they were so ; and k was no wonder that, at this distance of time, those who were in the Asia, who happened now to be here, should not be able to speak to the circumstance of seeing me on board that ship, in the midst of the contusion they must all have been in after the battle. And now may I not confidently ask the Court, where, on a review of the whole evidence, it can he pointed out any one charge has hero substantiated against me? The best evidence are those from the Genoa herself, and who were the eye-witnesses of the whole of my conduct throughout the battle, particularly from the moment I took the command of her on the tall of Captain Bathurst. The Vice- Admiral himself, and the Captaine T hu were called from the other ships, as I stated in the form e r part of my observa tions, were mere distant spectators, and their pines vaiiims con tinually interrupted by the dense smoke in which all were cove. loped, and from the confusion attending a battle with ouch dis astrous effects every where around us as this presented, rendered it utterly impossible that any out but those immediately en board their own respective ships, could speak with accuracy as to what was actually dune in them respectively. The Vice-Ad miral's memory is proved to have wholly failed him, even by his own admission, in several most important instances, and he al ready stands positively contradicted by Captain Smith, Mr. An drews the purser, Mr. Linday the surgeon, Captain Robinson, and Lieut. Snot, in several material parts of his testimony, which now is also at variance with his then public acts. And the impressions at this distant period on his mind must be rather, I am constrained to say, but justice to myself demands it of me, that be looks back through the distorting medium of those prejudices which have unhappily been instilled into his mind ; and I ask the Court to take a retrospect of the whole evidence ; and if your Judge Ad vocate will go through the whole, from the first witness to the last. I say that from nu one of them is the positive affirmation of any one charge established against me; for the must part the evidence is merely conjectural and matter of opinion, and not matter.of-fact observation." Captain Dickenson, after quoting from the defence of Admiral Keppel, to show that note but persons on board can judge with accuracy of what passes in a ship during battle, ad. dressed himself thus to the subject of the position and fighting of the Genoa through the action—'• If any gleans of doubt can poe. 111)4 adhere to the mind of any one Member of this Honourable Court, oa any one point from any of the evidence which has been given by the Vice Admiral and the Captains of other ships he has called, I confidently trust it will be wholly removed when the remaining officers of the Genoa are called--those who, like the others from that ship, whom you have already had before you, can alone testify with accuracy or certainty whether the wrings of the Genoa were used or not, and every one of them I know will fully establish and confirm the fact that they were used with cum plete effect. and that we all fought our ship to the end of the battle, and show you how completely mistaken is every wino to the contrary, be it entertained by whom it may; and when I confirm to you by all that it was not myselt, but Captain Smith, who received the Vice-Admiral oo board, and went with him down into the cock-pit to visit Captain Bathurst, and that he saw me only on the gangway, on his return from the cock-pit, and then highly complimented myself and all the officers and ship's company for the part we had taken in the action, and all which I shall have established to your complete sa tisfaction by the most irrefragable and conclusive evidence, and moreover show that tie Genoa was not lying in the state the Vice Admiral has now rPpresented wth her Lrboard bier to the es trunce of the harbour, but in the very contrary position, with her • bead the reverse way. and that it was impossible, as she went in and took her position, a, the Vice-Admiral stated she did, that she could have laid so ; and if I establish these facts, which I am sure I shall do, because they are the truth, and nothing but the truth, and by the best evidence of which it is capable,—what then be comes of all the conjectural evidence which has been offered to the Court, any of all the mi.taken notions of the Vice Admiral, which be has thence fallen into? •• \lnch stress, Sir, seems to have been Laid on the subject of :he difference in the expenditure or powder in the three English ships of the line at Nsvarin. I would submit. that while perfect accuracy In the accounts was, under the circumstances, hardly attainable, the greater quantity fired by the Asia and Albion may be partly thus accounted for. The Asia's armament was considerably heavier than ours, being chiefly 3g-pounders. The Albion is deposed to have kept up a fire from both sides during most of the action, and as Capt.Ontmaney states, never used her sprin.s,whik our lire was, by this latter caute,repeatedly interrupted on the lower deck,and had only one side engaged. I can only say, that we may appeal to our op ponent fur the efficacy cat our lire, and I believe it will Lie plotted that it was kept up with all the rapidity consistent with precisior, or to quote the words of a witness for the prosecution, • such as became a British man-of-war.' " After producing certificates of his service for thirty-one years, and stating that before the battle of Nayarit. he had been thrice wounded, Captain Dickenson con cluded his defence no the following words : •' I shall call some further witnesses, as I have stated, on my behalf, and shall then. on my part, bow with reverence to your decision. repeating that I leave my chat aver, and all that can he dear to me, in your hands, asourekl that you will pronounce that judgment which shall at once lulu -thee to mysed. and be satittactoty to ih: Service and the Empire at large " Lieutenant Smart, Capt..in Hob noon. and Mr. White, were then clammed, after which the Court adjourned to Niue ta . C.ock this morinu.. IMPORTANT MEETING AT THURLES. LIMERICK. Sin. 9. On Monday last we 614 at Tlturies a Special General Meeting of the Magistrates of the County Tipperary. to coo4i,kr the distracted state 14 that extensive distract. and to devise such measures as would he deemed most expedient iss a crisis &Ism ing to the peace and tranquillity of th .t county. Tee ,Magi-tr nit assembled at the Sel.loll to unusually large numb,' s. rest, ing circulars haviug been s:ut to all l.y the Clerk of the l'eace, at the toga:ice of Guverumel,t. At one o'clock in the forenoon of Monday, Gen. Si- John Byne. Bart. Commander of the Forces in Ireland, and Major-Geri. sir Thomas Arbuthnot, consmandiii‘ the Athlone dist' ter, arrived post from Ro-crea; Major-General Sir Edward likarney arrived from Limerick, and $00(11 atter Mr. Viikes, Chief Alagistr.te of Police, from Dublin, to attend this imporant contemner. The following Magistrates of the County were observed to he present :—The Most Noble the Allarquis of Ormond ; Right Dori. the Earl of Land.ll; Dun. Francis A. Pattie, ALP ; Sir Richard St. George; Lieutenant-General Sir John Brig; Major-General Sir Edward Blakeny ,• Major-General Sir Thos. Arbuthnot; Cul. Kearney, Queen's Bays ; John Bigwell; Mathew Pennetather ; Iknj. B. Bradshaw; Joshua Minneti ; Jai. liar; Msjor Willing ton ; Fred. Lidwell ; %Vm. Quin; Rd. Falkiner ; Bartiiii. Richard Chadwick; rapt Webb; Stephen 0' Meagher ; Ca,itain Thomas Mathew ; Wm. Porch)) , ; John Lowe; Richard Sadler ; Michael I idwe:l; JAM'S JOS. Cooke; Henry Lee• ' llaoial Ryan ; Wm. I'. Vaughan ; Edward Lenigan ; Wm. St. George ; Dunbar Barton; William Sadler; Richard S. Alansergh; Jobs' Clayton • Mr. Creagh, scn . and Alr. Creagh, jun. rif Golden ; / John D eapard ; Charks Langley ; Richard Carden ; John Wiliington ; Thomas Tysid ; Richard Long ; Samuel W. Barton ; Robert Going ' • Nicholas Herbert-; William Nicholson; Richard Baylee; James A. Butler ; M. Levinge, Edward Taylor ; and William Cooper, Esqrs. Rev. William Armstrong, and Rev. Mr. Itlaunsell; Major Miller, Inspector General of Police ; Thou. P. Vats, Esq. Chief Magistrate of Police; Maj ir Carter, Major O'Dotioglioe, George Al. Drought, and Gerald Fitzgerald, Env-. Police Magistrates.. . The High Sheriff, Mathew Jacob, Esq. was unanimously voted into the Cnair at half-past twelve o'clock, when that Gentleman ►ose and addressed the meeting in concise and energetic language. He lamented the necessity which called his brother Magistrates together, and be deplored that frightful spirit the 'simmer of which led to the commission of so many outrages in their county. The exigency of the moment requ i red the most etre nue.* measures, the frame of witty in their immediate neigh bourhood was utterly disorganised, and the feelings of the peasantry were unfortunately excited to a dangerous height.— Effective steps no doubt should be taken, else this alarming state of things will extend beyond its present sphere, and the contagion would unquestionably attaint all the surrounding districts. 'lke evil will not confine its ravages to one spot, but if not checked in its first stage, will desolate the entire county. He felt confident the Magistrates would do their duty, and provide an efficient remedy for the disease. The Earl of lartioarr concurred in the sentiments of the High Sheriff as to the magnitude of the evil, and he was also aware of the extreme urgency of their present circumstances, which a long winter must tender more akrming. The dangerous state of the County Tipptrary was such, as to justity their re sorting to the most effectual and decisive sanative which the law can possibly provide. He begged to recommend the Immediate introduction et the In-urrection Act, for the consi deration of the meeting : its operation will be found most sa lutary—the loose, idle, and disorderly of the country people must keep their habitations at unseasonable hours, its influence will af ford protection to the booest and industrious, while it checks the nightly marauder, and puts an effectual stop to the plunder of fire arms, and the attack upon bosses. Fire-arms should he taken at once out of the possession of all suspicious characters, and others not duly qualified. Outrage and bloodshed must diminish, if this Act is vigorously enforced, and he had no doubt of its success. Mr. Pawns, M P. epoceived the application for such rigorous measures would be ineffectual, as the Act did nut perhaps dis tinctly 10CM part of the statute law. Several Magistrates now followed to express their belief that the formation of small military stations throughout the county, at short and convenient stages, would be very advisable fur public safety. Sir Jou* Brno in reply observed, that the proposition should meet attention, and he was persuaded Government would afford, as far as practicable, every assistance iu their power to the Magistrates. Mr. Roe did not think the state of the county was so bad as to warrant the introduction of that severe measure, the Insurrection Act. 1 Mr. MIXIIICIT proceeded to describe the uusettled oaten( Harris- Auk and its neighbouthood, and the feelings of mutual hostility and distrust which unhappily stamped the character of the inhabi tants in that district. Mr. Minima furnished so deplorable a pic ture of the condition of society in that part of the country, and su full a detail of what came under hourly observation, as to impress on the Meeting generally the absolute necessity nut of palliating, but of immediate and radical remedy. Alter several others had deposed in similar manner to the root mitt' of crime, the extent of outrage, and the deep but irighttul agitation ready to burst every moment upon the county, Mi. Sadkir begged to recommend the trial of the Stipendiary Magas traces, whose constant exertions aided by police and military to various out-posts, would be sure to estabh-h peace and security fur property and life. Sir Joint Who again expressed his anxiety to meet the views of the Magistrates in every practicable way. A variety of resolutions were then proposed and put irons the Chair, founded upon the n ommeuiled by the averting. and in favour of the Insurrection Act, which were all passed by an overwhelming majority, and only Svc dissentient voices. Pending the proceedings Mr. Yokes was requested to reside it possible in the county, under present circumstances, so as to have the benefit of his advice and personal assigalic e . The meeting separated with a vo e of thanks to the High She: iff . Immediately after, General SirJohii Dyng took Mr.Vokes with him, and drove off in a barouchT- ind-four to 11:thorough Is. use, the seat of Lord Dune: i, to communicate the re.ult of the meeting to Lord Levemn Gower, awaiting their arrival liar that purpose. %Ir. S. G•ou RICH, Master Machinist of Portemoutli ck-yard, bai been here some days, in order to report to tie Navy Board the practicability of punt; hug nut the dock* by steam. • instead of the present mode by horse...—. Itrisside Juormal. It was twelve years at the Ouse of la t season nine Air. J. I'. KIMBLE took his leave tit the stage; lions which pertou the disasters of the theatre may be stated to have date.: their cons mencement. The most efficient support that his NI AJ I wry :mil the miser branches 01 the Royal Family could give to Covent-garde- Theatre, under it. rowan state of embarra•smrht, would be by condescending to patronise its performances in common wait tho e f the other theatre. ANTIQUITIEs.—As some workmen were employed upon theWeatetn Hoe a few days elute, they turned up the rent.ita of two tobacco pipes, evidently of foreign, and w•e believe, MILL manufacture, and a bias, coin, much effaced. of t be Low Count; le,, and the date, as nea►ly as we could make on., of the year 1613 . A mun of the name of Maurice Connell, who «as placed as driver or keeper on the lands of lodge, near 11010.1. in this county, the property of F. Reiland. R•q. was ►arbarous',, murdered by a banditti last night.—Linersek Paper e . Wediteary. I