The Sun. — London, England, 1807-03-12 00:00:00

Judge Advocate. —I doubt whether this is evi dence. T feelmyself bound in my official situation to sta:e my opinion. Q. Did Sir D. Baird ever consult you about placing any batteries.? and what did he say to you on the subject of the defence of the Cape ?- e -A. Sir D. Baird never consulted me about placing any bat teries, but he told me that he had erected additional batterias for the protection of Table Bay. I have heard Str 'D. Baird repeat more than once or twice, that he wislied Bonaparte, with 12,000 of the finest of his troops, would come and attack the Cape, and he would give diem such a drubbing that he would wish h:rseielf back in his country again. I have gone to the batteries a dozen times, and then heard Sir D. Baird say, that all the round towered batteries were in complete good repair, and it was impossible to make the Cape rntich stronger than it really was. Q. Were you at the Cape when the Cannoniere French frigate anchored there ?—A. Yes. Q. Where did she anchor ?—A. In False Bay. lle skewed in the chart the particular spot, outside both Noah's Ark and the Roman Rough, a long way. She never came into Simon's Bay. Q. If I had been lying in . Table Bay with the whole of my squadron, do you think I should have been able to have taken that frigate ?—A. I do not. -Q. HI had been lying in Simon's Bay, under the circumstances of the wind and weather, when she came from the Eastward, in the general circumstance of wind and weather in the Bay at that time of the year, May, I believe, and with the commonest look out on the part of the enemy, db you think it pos sible that I could have taken her ?—A. I do not. Q. Do you remember the capture of La Volontaire French frigate, by the squadron under iny com mand ?--sA. Yes, I do. Q. State to the Court the reasons which occurred to you why, in all probabilist', I should not have captured the Cannoniere, if I had been lying in Si 1110id'S Bay with all my squadron ?—A. Ships Corn ing into False Bay, round the Cape, had a consider able distance (on account of the two rocks, called the Bellows and Anvil) to stand over for the purpose of getting into the-true breeze, and to avoid the current svllch generally runs out in the tenth part of the Bay, and to ship to the northward of Whittle Rock. By that means Simon's Bay is clearly exposed to any ships lying there. On this account, I believe that cruizers would make private signals, and I am certain that this Cannoniere was in possession of the private signals used by the Dutch at the Cape, as the Officer who was. made prisoner by the boat's- crew said she had dispatches for Governor Jansen ; and also the winds that day were on the South part of that bay and Si mon's bay, light and variable, and she kept work ing up on the South part of the bay, until she came to au anchor. The ships that were lying in Sinion's Bay at the time were, the Rolla, which was refitting, a transport, and two or three neutral vessels, perhaps more. • [The 'examination respeaing the capture of the above ship occupied the attention of the Court tb; sctne time . ; but 'the r e suit tvas of no consequence in respect to the case before the Court.] - -• A number of questions were then put to this wit ness respecting the situation of the-Cape, and the arrivals of ships at it after Sit Home Popham had sailed. Q. Could the merchant ships have remained either Simon'.s Bay or Table Bey completely prO teaed from any insult of the enemy, by being pro perly nioore-din either of those Bays ?—A. Certain ly they could m perfect safety. He then poke to the receiving the news of Lord -Nelson's victory, and the active measures taken by Sir David Baird for the prote&ion of the Colony, by establishing flying artillery, &c. and the resist ance that could have been made had an enemy at tempted to land. Q. Do you remember having captured the For tuna Brig, under neutral colours, or being captured in Table Bay by one of the boats of your department, and the person who boarded her brought on shore the nephew of Schiminelpenninck, President of the Batavian Government, with all his dispatches.—A. I do, pet fcaly well ; they were secreted in a drawer, aad they were opened in the Garrison by Colonel Vassal. I heard them read; and at the Governor's house, betre Sir a Baird, something after Sir Home P.'s sailing. - - Capt. Urra. King examined by Sir H. Popham. Had been twenty years in the Navy, three of whieh was Aging Lieutenaet ; -had served chiefly in the East Indies, Cape of Good Hope, and home service ; at the capture of the Cape of Good Hope ; was appointed to the command of the Dia• deco in January t 806 ; remembers the circum stance of the boats of the- squadron capturing the 110114 brig ; remembers hailing the Volontaire French fre - ate to strike her colours when she passed the Diadem 'coming into Table Bay. Thee Volon taire was considered the forerunner of Admiral Vii.' leaureez's Squadron. From all the conversations I had held with the French - Officers, I entertained no doubt but they were destined for the Cape of Good Hope ; and in a conversation with Capt. Bretteil, who commanded the Voiontaire, he expressed much uneasiness for. the fate of the French Squadron, stating his fears' that they would arrive two at a time to water and refresh. , Q. Did you imagine, from the' communications of the French Officers, that either all or part of the French Squadt'on might be hourly expected at the Cape ?—A. Certainly. But as theVolontaire bad been long parted with them, and had a long passage, I Obtained information which appeared- to me to be certain that Villeaumez was bound ultimately to the Brazils for refreshments, and then to the West In dies ; which information Lcommunicated to Sir H. Popham, having obtained it from -an Officer of La Volontaire, whom T .did not think much in the :French - interest. He was Secretary, and was likely to give every information ; and whOse information ts to the enemy's going - to the West Indies was confirmed, 'Remembers batteries being provided by the suggestion of Sir Home, - which . command Table Bay ; and beard Sir David Baird express himself satisfied with the state of defence - of the piztcre. Q.. State to the Court, whether, in your opinion, all the'yearly commerce between England and time Indies, if it could be colletled in Table say, would not be perfee'lly secure from any attack of the ene my ?-ee.A. I think that any hostile man of war that might attack them would be destroyed by the effiet of the batteries, provided the merchant ships were _properly.ptpced. I had no idea that they could ever f• force to.v.ttack the Cape.after Lord Nelson's Q. Is an,. place within your knowledge that is so difficult to make an impre,sion on by an in vading Army as the. Cape of Good Hope ?—A. No, generally speaking ; for I do not mean to include Gibraltar, or such fortresses as that. He then. spoke to the preparations of defence made by Sir David Baird, particularly the flying artillery—the im portance of which, in preventing a landing, he con sidered very great. Q. When I sailed from the Cape of Good Hope with the whole of my squadron, did you not 'know, and was it not generally understood, that I was going to attempt a coup de main against one of thee enemy's possessions in the Rio de la Plata ? A. Yes. Q. Could I possibly have left behind, a 'fri gate, or even a gun .brig, without risking the suc cesss of whatever attempt I meant to make on either of those settlements ?—A. No ; as our force was small when combined. _ _ _ Q. As you say the force was small, I wish to ask you, from all the information which we were in possession of, respe&ing the defeneZless state of the enemy's possessions on the Rio de la Plata, was there the smallest doubt expressed by any Officer in the Army or Navy employed on that expedition, or by General Baird, of our attaining complete pos session of one of the places above alluded to, pro vided we sailed immediately, and abed with promptness and vigour on our arrival in the River ? —A. No. Q. Did you ever directly or indire6.4 hear that Sir D. Baird offered the least argument against my taking the whole of the squadron from the Cape, at which place he was Lieutenant Governor, or-express a wish for any thing to remain beyond the Charlotte schooner, which was held ready to follow me with any dispatches that might arrive from Europe, A. Never. _ _ In answer to another question he said :—From . various -conversations I have had with, and the knowledge I have of you, I am confident you had no obje& in view in the expedition but the annoy ance of the enemy, the honour of the service, and the public interest of the commerce of Great Britain. • Q. After the capture of Buenos Ayres, did I not do every thing by precept and example' to conciliate the minds of the inhabitants, and to prove to them that the great obje& of the Expedition ,was to esta blish an intimate conne&ion and intercourse between that country and Great Britain i—A.You Q. Were not applications frequently offered to me on the propriety of immediately' embarking-the quicksilver and the bark, and did I not refuse tei do so, until the fleet was completely victualled ; and by that attention to the public service, did I not make a very . material private sacrifice, and to what amount in yoiir judgthent I—A. I frequently pro posed to you to embark the property, which you, con stantly declined, until the fleet wils completely vic tualled, and I think you thereby made a personal sa crifice of at least 23,0001. • Q: Do you remember my having sent from the Cape of Good Hope to England, to Admiral Coch rane in the West Indies, to Sir Edw. Peiiew in the East Indies, and to the Officer commanding off the Mauritius, the intelligence I received of Admiral Willeaumez's fleet, and its probably ultimate desti nation ?—A. Yes. Q. Was there ever a doubt entertained by any Captain of the squadron, that the Rio de la Plata was completely within the Cape station ?—A. Never. [This witness was examined at great length, but we have not room for the examination in detail.— He stated on repeated questions, that he considered the Cape perfeEtly safe—that it was always under stood that Buenos Ayres was within the Cape Sta tion]. FIFTH DAY.-WEDNESDAY• The President, as soon as the Court had opened, having asked Sir Home Popham whether he had any other evidence to advance :, • t • The Honourable Captain replied , that heliadi in his power to add several other witnesses, particu larly Captains Edwards and Parker, and Lieutenant Madden, who could corroborate the testimony of Captain King : but from the time which this trial bad already occupied, and from an unwillingness to trespass further on the attention of the Court, he ' would decline any further evidence if the Court should not think it necessary. He would entirely abide by their will. The President and the c . •ier Members expressed their readiness to attend to Rey witnesses the Hon. Captain might feelit advisable to bring forward, but declared it as their unanimous opinion, that the evi dence of Captain King required no corroboration whatever, and that if the other witnesses were meant to apply to the conduct of Sir Home at Buenos Ayres, or to the motives which actuated his pro ceedings, it was perfedly unnecessary to resort to them, as no one could ascribe any sinister motive to the Hon, Captain. Sir Home then presented a list of papers which he wished to have read in his defence and en tered on the minutes. Those which included his correspondence with the Admiralty, and the greater part of which we have already detailed, were ad mitted by the Court; but others they were pleased. to consider as inadmissible evidence. Sir Home then addressed the Court in the follow ing terms :—" I here close my defence, and I throw myself upon the wisdom and justice of this Honourable Court. My feelings an d my charader have suffered severely ; but I trust to your judgment to relieve.the one, and rescue the other. If I have, in the exercise of my zeal, exceeded the strictest. bounds of discre tion, I hope it will be evident that I have been ac tuated solely by a desire to advance the honour, the glory, and the interest of my Country. In the pro secution of those great objets, aided by my gallant followers, and fostered by the superintending hand. of Providence, it has been my good fortune to be put in possession of the two capitals of two quarters of the globe ; and I trust i Iwill be fonnd, upon a close examination •of rtly defence, that 44 The head'and front of my oft'ending' " Hatlytois extent—no more:" The Court was — then ordered to be cleared, and the Members remained in, , deliberation until three. TUE SENTENCE. Upon the re-admission of strangers, the Judge Advocate react the 'aentence, which, after the usual Preamble, stating . The time at which the Court commenced, the names of the Members, and the Charge against the Prisoner, concluded in the following terms-:---7 4, The Court is of opiniol that the parses have been proved against the Captain Sir Home ropha - rt :—That the withdrawing, without orders so to do, the whole of any Nayal Force from the place where it is clireacd to beerriployed, and the employing it in distant operations against the enemy, more especially if the success of such operations should be. likely to prevent its speedy return, may be attended with the: most serious inconvenience to ;fie public service ; as the suc. , cess of any plan formed by his Majesty's Ministers for opera tions against the enemy, in which such naval force might be included, may, by such removal, be entirely prevented. And the Court is further of opinion, that the conduti of the said Captain Sir Home Popham, in the witht'a•twing the whole of the Naval Force under his command from the Cape of Good Hope, and proceeding with it to the Rio de la Plata, war highly cm:serail( ; but, in consideration of circumstances, doth adjudge him to be ONLY SLIIERELY itErRIMANDED, and be is accerdingiy severely reprimanded." IMPERIAL PARLIAMENT. HOUSE OF PEERS, WEDNESDAY, MARCH 11. His Royal Highness the the Duke 'of . SUSSEX, Earls KIbiNOUL, LONGFORD and MANNERS, atd Lord Viscount DUNCAN, took the oaths, and their seats. Counsel were heard in the Appeal Cause, Millie r. White • to proceed again on Monday. In a Committee on the Sierra Leone Company Bill, several amendments were introduced, on the motion of Lord AUCKLAND, who described the na ture and effeel of the same, and agreed to by:their Lordships.—The Report to be received to-morrow. Lord GRENVILLE gave notice, that in consequence of what took place yesterday, relative to the com munication from the Judges of the Court of Session, touching the Bill now before their Lordships, he should submit a Proposition to the Rouse on that subje& to-morrow. The Report of the Committee of Privileges-re speeling the Howard' de Walden Peerage, was or dered to be received on Friday.—Adjourned. HOUSE OF COMMONS. I.VEDNESDAY, MARCH 11. A Report from the Yarmouth Committee de dared the Sitting Members duly eleEted.—An or der was made for reprinting the Proceedings of the Court Martial which tried Colonel Cawthorne jn 1796.—The House, in a Committee of Supply, voted Various sums ibr Printing Parliamentary Pa pers ; for the expence of the Civil Establishments. in several Colonies ; Improvements in the High lands of Scotland, &c. _ _ A conversation of some length took place on the Report of the Assets Bill ; which was opposed by Mr. EYRE and Mr. DAVIS GIDDY ; and sup •perted by Mr. SIMEON and Mr. Rosco Mr. NicnoLsoN CALVERT opposed thlf*Bill: Mr. MARTIN and the SOLICITOR-GENERAL ad duced a number of cases to shew the propriety and justice of the measure. The Report was then received, and the Bill Was ordered to be read a third time as this day se'n nigh t. • The Royal Navy Asylum Bill went through a Committee of the whole House; and the Orders of the Day being disposed of,- the House adjourned. MAILS. • Gottenburgb, s Lisbon, z Dublin, 4 Waterford. PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK. C9nsols - 6zi fr i Omnium zfr LOIVDON, • THURSDAY, MARC/1 19, 1807. YESTERDAY the trial of Sir Hone POPFIA11•COI1-• cluded ; the Court were of opinion that the Charges were proved, and that Sir IL PoPHAm should be se verely reprimanded. The remainder of the trial and the sentence are given at length in our preced ing columns. SOME French Papers arrived last night of a late date. They contain some Accounts from the Army in Poland of the toth ult. They relate merely to some promotions which BONAPARTE has made, and give no information whatever relative to the positi on of the Army. These Accounts are 'dated at Eylau, from which it is intended that It should be inferred that the French still remained in possession of the Field of Battle;but this is dire&ly contra dicted by other Accounts which have reached ns, and which state the French Army to be.on its re=' treat to the Vistula.. • LETTERS have been received from a person of consideration at St: Reterburgh, which contain some further particulars of the Battle of Eylau than have yet been published in this Country.—BoNAPAßTE's Guards, it is known, were amongst theiroops that attacked the centre of the Russians: ..they went into battle about 1200 strong, and only one Officer and thirteen men remained after the iaion. The • French Reserve was ordered to advance to the at tack of the Russian Centre : they refused, and were ordered to be fired upon by one of the French Divisions. They returned the fire, and several:were 1 killed an both sides. Yesterday, about twelve o'clock, the Royal Fa— mily arrived in town from WinclAor. At two o'clock His MAJFSTY held a private Levee,,at which the tbl lowing presentations took place:— Mr. Srjeant Heywood, Lieut. Lind, Earl jersey, General Ile wett, e Mr. Plunket, Lord Elphinstone; Mr. Stanley,Chief iustice of the Prince of Wales's Island, when his Majesty was graciously pleased to confer the honour of _Knighthood upon him, and he is now Sir Edward Stanley; Mr. P. S. Goodai, Sir Charles Morgan, on coMing to his title, Mr. Dawson; Lieut.-Governor Nugent,ind Lieut.-Gen. Stanwix. Lieutenant Colonel DRINKWATiK laid before His MAJhsrY, the 4th Report of the Commissioners of thcWry Inquiry, and the. Final Report on the liarraci• Department. Her MAJESTY Will hold'a Drawing-room, to , clav, at St. James's Palace. • INDIA HousE.—Yesterday a Court of Dire&tors was held, when the under-mentioned. Commanders took leave of the Court previous to departing for their respetaive destinations, viz. The Cozats, Capt. JAMES HAY, for China dire& ; the Lady Castle reagh, Captain Tuoutas G. MURRAY, for -Madras and Bengal. Extra& of a - Letter from an Officer on board one of the Ships composing the Rochefort' Squadron, dated Rochefort, Feb. 23.—" I am sorry to acquaint you with the loss of the Atalanta, of 16 guns, Lieut.SOLTKER, on the . Isle of Rhe, on the tOth of February; 30 of the crew were made prisoners, and the retnainder picked up by one of our in -shore Fri gates. On the iith one of our Cruizers saw three men hung on board a French, Frigate in Bourdeatm River—we conclude it was for mutiny. A ConvOy of Vialuallers, with provisions for the Squadron, ar rived this day, aid Conimodore KEATS hoisted his broad pendant." BIRTH. On Tuesday, in Lower Groserior.street, the Right Hon, Lady Amherst, of a Son. MAR R lED: On Friday, at Edinburgh, Mr. lohn Murray, Bookseller, of London, to Miss Elliot, daughter of the late Mr. Charles Elliot, of Edinburgh. On the gth inst. at the Collegiate Church, Manchester., lames Parker, Escf. of Queer.-street, Cheapside, to Min Eliza Railton, of Manchester. 01t the zgth ult. at Forrest, by special licence, Brigade- , Major Lindesay, son of Henry Bethune, 'Esq. of Kilcon. quhar, Fifeshire. to Miss forster , only daughter of Forster Hill Forster, Esq. of Forrest, in the County of Dublin. - Y -OFFICE, March 6, rgov. T} PRINCIPAL pFLICERS and COM MISSIONERS of His Majesty's Nal", do hereby gitit Notice, that on Monday the t6th instant, at Tot o'clock in doe Firenoon, there will he pat up to Sale in His Majcstf's Naval Yard at Deal, The Seamens' Slop Cloathing, with a few Articles of Marine Cloathing, saved from- the Wreck of the Re gard Store-Ship, lately Stranded near the South Fore land. The Number of Articles to he sold exceed Fourtent Thousand', and consist of every descrltion of Slop Cloathing *flu used is His Majesty's Navy. The'Cloatbing may be seen at the place of Sala IN the 1316 slur 14th instant, aid Catalogues had of .111 e. .706 n Palley, "Iwo tioneer, at Deal. - VICTUALLINC•OFFICk., Feb. 26, 1807. :THE COMMISSIONERSfio VICTUALLING His Majesty's Navy do herd" give Notice, That on Thur.:4oi the 26th of March next, they will be ready to receive Tendert, in welting (sealed lip), and treat for Two [tundra Tons of LIVERPOOL, or coarse grained CHESHIRE SALT, or Salt of equal goodness : And for Eight Mendred Tons If CHESHIRE BAY SALT of the largest grain, or Salt of equal goodness, of which the Persons who make the Tendert are to produce Samples ; to be delivered into Ifir Majesty's Vithal• ling Stores at Deptford, one-half by the ,3tot July next, and the remainder by the 30tk of September /1119wlerg, - jiee of all ebarga and alai.!. Hit ig l ijest.", inrcept that the Calranor will he alllowed t td. per Tots for Poeteragrof the Sat:from the Wharf to the Sterrett 'and to be pail for by Bills, payablei:With interest, n; eery 41497 after slate. The Conalticra cf the Contratl may be seen a tisivSitrefarf &Pe,. at this Offiot; or by applying to the Colleeiot: of the .Sal t Dvties at Liverpool, and at Middlrm,ch, in Cheshire, 2rspec- tlve(y. No regard will be had to any Tender ui vAlath ti* Pi ice shalt. itot It inserted rn nvorils at length, or that :ball not be delivered en t he Board before One o'Clock on the ,said Thursday, the 26th of Mar. h next, nor unless the Person nulio makes (be Tender, or some terson on his behalf, attends, to ansuer,.•when rolled for. _ Gov ERNMEN r STALE a. Lit , Begins Drawing t4th. April, ISo7. RICHARDSON,GOODLUCK, and Co. reSpe6t fully =paint the Public, that the NEW STATE LOTTERY TICKETS and SHARES are now on• Sale. in a variety of Numbers, at their Licensed Lottery Offices, corner of Bank-buildings, Cornhill; and facing the Gate of the King's Mews. Charing-Cross. SCHEME CONTAINS 4 Prizes of .-- - - - C 20,000 4 4 • Soo* Is I,oco 10 &c. etc. &c. H AZARD, BUR \ \ll, and Co. No. 93, R oyal Exchange, are ,sel ing TICKETS and SHARE S for t he ensuing STATE LOTI ERY, w hich will begin Draw. ing the 14th of Apiil next. The First-drawn Tickets on the Four first Days of Draw.. ing will be entitled to TWENTY THOUSAND POUNDS each, and the First-drawn on the'Fifth and Sixth Days to TEN THOUSAND POUNDS each ;• and the First-drawn 3000 Ticket's - in addition to any other Benefit that may fall to them, Will be entitled to TEN POUNDS each Inthelast Lottery, EVERY FIXED CAPITAL PRIZE was sold at this Office, comprised in the following, viz. t - of 410,000 t - of ,Csoe4 .• a of ao,oort and 2 - of tyro a . of . to,ooo All in Shares ; Ahd one of 50001. in a Whole - Ticket. * * Orders from the Country, with Remittances attendpd, to on the same-Terms as if present. • ToHABERDASHERS, Host ERS, GLOVERS, LACE. DEALERS, WAREHOUSEMEN, &c. &C. TO BE SOLD BY AUCTION, By Mr. FRANCIS THOMPSON, , On 'the . Premises, Grocer's-alley, Wellclose-squarc, This and following Day, at Twelve o'Clock precisely, by Order TRADE White Tand of the Assignees, HE very Extensive STOCK in THOMAS LEACH, Habeidavhsehnere, aataßiloignukercsupomtttaci:bses, Consisting of a very large Assortment of - fine Thread, Lace, Hosiery, Gloves, Silks , Silk Hanu'kerchiefs. Velvets, Silk Gloves and Mits ; British -Laces:, Veils, Rdibons and a S n e d wi c n o g io S u il re k d s oltherveearyds.Descdscri t a tio c : ;l a ri l n a g rg es e , q s n e a w nt a i n t g yi Tapes, with every other Article of Haberdashery. hadM,aayndbeo%f'ieMmr.d Thompson, Mornis of S N 2 o le : 1, Addle-hill, Doetnrs* Commons. :-___—..................--, THE rea l JAPAN BLACKING, made by DAY an d MARTIN. This invaluable Composition , with half *he usual tabour , p rod uces the mist brilliant j et black eve? beheld , affo rds p eculiar nouri shmen t to the Leather. will not soil the finest linen, is perfeal. free from any tut• p l easa nt smell, and will retain its virtues in any climate. Sold, wholesale, by Day and Martin, at the Manufac tor y , No. 97, High Holborn; retail by F "Day, No. 7, Tavis tock. street, Covent garden; W Day, NO. 6s, Svillow-stfett ; Axtell, No. -t, Finch-lane ; and by the principal Mita . Makers, Perfumers, and Oilmen, in the Metropolis; and in every town throughout the United leeingdom, in Stone Bottles, price is. 6d. each. LoNoan : I'rinted by R. iliotitts (of Martlett-court, Bow-street), and published by %V. A. SCRIPPS (of South. Moulton-street), at the Sun-Office, z 12, Strand. • .p~ THE SUN.. 110Leht QtYls Dicaltt PALS INt AUDtAT ?