The Sun. — London, England, 1802-01-13 00:00:00

THIRD DAY. Thomas Sperc:r was again calledt Q. by Captain Eylts. On atinday the'6tjrof December, do you recollect baaring Collins say any thing about sriothenpg l‘lr. Stanton in his bed? A. lam not positive abotit it. .Q. Did you ever hear any ni the prisoners call theihselYts delegates o f the ship ? A. No, I did not. - Q. bytquPre.rident. From the Ist to the ttth of Decem ber, did you hear or see any of th prisoners taking'an oath . o stand true to each other, or drinking any particulartoast ? A. I (ii 4 not. Q. Look round the "prisoners, and say whether anyone of them slimed any signs of remorse, or expressed anv desire to return 'to their duty ANo Q. by ftlytiral I' , .;fr. Did the witness at any time see Ches. terman, White, Lockyer, or CulauninS, it) consultation with the.other prisoners, or aiding or assisting them ? A. I heard them on Siinday cheer. Q. Did ,you see White attempting tO.unship the fore ladder. A. I saw White at the main lad der et the ,larboard side, trying to lift it up, when I went forw'ar,d. Q. Do you recollect Ida coMing forward, and lor silo:, after he had tried to unship the ladder'? A. Yes, on the larboard side, - when the Officers were come clown on the hswer (leek, to haul the ports up. . Q. '4. itintira! Coiirtgwood, -.Was the book you mentioned. a Bible ? A. No ; it 'was a writing-book, with a parchment cover. 'Q. Did Ward tell the people to barricade the hatches when he Went mural ? A. Yes, at the same tiroe„.. - Q. At w hat 'time did he - inform t4crn of the plan ordisarming the Mirines ? A. On Thursc4K, when the . Adiiiiral came on board, they eapeeted the hands to be turned up to unmoor ship ; then they were to rtishaft and.,take the -rills, at the same time that the Admiral read the . letter en tne quarter deck to the-Ship's company. •Q. Do you recoiled any of the Prisoners with Ward at the time he used thesfiexPressions ? A. :Mayfield, Allen; arsd.li_it4gerald were reseatt., • ohn Bcartwaiit's• :Wee, sworn. • Q. by the. Pro.iecutcr. Relate to the Court what you know against the prisoner Mayfield. —Witness. On the sr:), I saw a :nob colletting•in Ward and Lo:.:ltyer's birth ; it appeared that Fitzgerald was one of the chief persons. Soon atter the mob colleeled. Ward- and Lockyer came forth- before one hundred and odd men 'along the hey up the fore-hate/I*ov, and soon after the ship's company followed what they On Sunday, after ueliiling sail, I saw Fitzgerald in different parts of the ship with a" nth - I:tier - Of people.' About one o'clock the mob rose in Loekyer, Fitzgerald, and Chester man's birth, and the ports were shortly after lowered dOwn. It appeared to me 'hat Fitzgerald and Chesterinha were the tingleaders. I ccald not hear any of them but Crimmins, who stept before the mob, and said to one of the Officers, Mr. Pugson, who was casting off the netting, " hang the rascal ,He ran to -the \ fore-ladder, and endea.voored to un ship it, but he could not. During Sunday it appeared to me that a number of, men, to the amount of g or Soo, Caine to Fitzgerald.and Chesterinan's birth ' ,at different times of the • day; which proved clearly to me they were the most adiye: When the men went to the birth they stooped, down, and from all of them making that motiop, it.appeared to me they were taking the oath, or pasng the word, It appeared to me Riley and Fitzgerald were messmates, by their continu ally going up and down the ladder.. On Tuesday the Bth, Ohre was an order by the Captain and Officers to get some strong:beer on board, and broached. Soon after it was broached, Lockyer and Ward came' on the main -deck, anti gave -orders that no beer, Should be drink: -Taylor gave the same order. Fitzgerald said on Sunday,. after: the cheers Were given, " now the sun shines on us all at last," and then went .yip the fore-ladder. He asked M`Kniaht, abreast of Sta , 4 o o,birth, Are -you a man alter toy own heart ? Q. bY ,the Preside-nt. bid you hear any of the Prisoners say they would tuft go out of the land ? • A. No ; they kept every tithig, very close from me. Q. Did You see any of the pri sonors go into Chesterroan aim Fitzgerald's birth ? A, Ward, Cdoke, White, Lockver, Cummins, and Daly, were in Chet,- terms." and kitgerald's birth. Q. 4j. the frimtel:Eitz,gccald. Who was the person I told the suit shines upon us now._ floe prisoner did not press'. this question.] Q by :h Priscner D.2 . 1t • ." Do yOU know whether I Was on duty when I was walkoig abreast or /- itzgerald's birth, as you know my duty required me to be there, at. that side of the deck about those hours, froth the tiMe• the hammocks are piped up till they are piped clown ? A.-He •wai not in the execution chatty out)/ ; . he looked very -stern at me. . •• Mieb,rei - Fie/dierg Swam. -• • • Adam Bell came o:es on Saturday, at ten o'clock; from the larboant to the starboard side, 'forward on thelower deck, as Fitzgerald and fames Kelly were walking past their birth, to inform them - a great many people were talking of going aft in tegaretto not going to the West Indies. Fitzgerald made an swer, the word should be passed-to the -ship's coin -patsy, -and see what they would say. All hands went aft on the quarter deck and came down again. I heard Chesterinan say, the Admiral gave no ssnistiactory answer, and witiott-t douht they were geling to theeWeSt !tidies. About two-benCalterdinner the word was passed for no man. to drink more than his allowance. The siune night the word was passed, ifordered to unmoor ship, all hands were to go forward -and- say they' would not unmoor except for England. Taylor - passed the word. 1 heard Chesterman give the orders to a great many as I was walking the deck. The word was passed two bells after efinner for all hands to go forward. Fitzgerald and chesterman:desired that the men on deck should all ,come down.' I heard a voice say, come forward, lower.all ports', saw Chesterman and- Fitzgerald lower the 'ports next their awn birth ' • and cry out, loweraway ; and all h an d s repeate d the cry, and called out, " wad and shot, no place but Eng-. land ?" The First Lieutenant, Mr. Douglas, came down to thefore-hatchway, and told the men to come aft, and speak to their Admiral. . All hands said they would not, for that they wanted to shiver - them on the quartef-deck, They called for wad and shot, -and fames leiley'called to hand the - match. It was only to frighten - the Officers ; there was no inten4orn of carrying the threat into execution. It was done to prevent the Officers coming .down. . .Nlr.:Donglils_called out a second time that the Admiral Wanted them on the quarte;•,deck,•.and for them not to make 3;44, a-noise. I heard Riley-say, strike the rascal with a shot.' On -Monday I heard Chesterrniun say, clapping Na hand on the fOremost gun, " this is the very piece of ordnance-that will do the business.". The same night I- head him give orders to bring the hammocks forward, and stow them on the-larboard side of - the lower-deck forward, run in the fore most guns, and stow the hammocks so as to, leave no room for any person to come in and out. If the gitn's should not be loaded, and the gilicers broke in, every man was to seize a shot, and stand-in his own defence.. The same night,l heard Collins say, he was ordered by the ship's company to get money for a marine's wife, as the marines subscribe to their women. Money was Subs:rit:a that night. Next morning -1 heard Cilesterrnan.sity, there was a gieat watch the night be fore. Th ev could not stow the harninocks. At this trine) was tinder the iOrecastle swabbing it.- The same day I heard him say; if all hands should. be calle.ct to unmoor at, any-time, all were - to appear on the forecastle and foreerigging, and give three cheers: and if they attempted to fire from the quarter.. deck, to make a charge and seize the mar i nes ' arms, which they expected would be given up without any. trouble. Q..by eye President/. Did you hear an' oath proposed by Fitzgerald, to betrue ? A.- Na. , Q. by the Prisoster Fitzger4.-1,1. Did you sear any of the, prinoinds talk of drawing tne.main-dacli runs ? and Who was present ? A. i did; C'hesterman told me of it.as I was going forward ia my duty. Q, Did yott ever hear . Collins pass the word to go on the quarter-deck 1_ A. I did-not. The Court was now cleared for a short time. On its - be- ing re-opened, Timothy Wh' itfield was called and =wry. Q. ey the Prosect4!.... _Do you. know Cross? A. Y es. I Q. Did you ever sec him assist n carrying crow -bars forweed, between the :at and trth of December? A. Yes. Q. On wivat deck, and at what time? A. 04i the loWer deck, bee tween four and six o'clock on the tee:ming of the day on which the Admiral came en board. Q. State any thing terther you know respecting the '.viitaletof the btisiness. A. Lockyer and Cummins were assisting in the satric a . et. I was -sitting in my . birth ; A n frey came and - ;:aid, they were going to take the crow-bars; Nleyfield told him-not• to bring any stories for , ward to. him, for he did not Want to heardbent. hn Sncwdem examined. Q. 6y the Cmtrt. On Sunday,:the 6thi in the evening, did Cross come to your birth, and say, y o u 41 . r. wanted tOrward A. Yes. Q. I,Nrbat answer d;d you , mite.? A.; .1•told him did not chose to go. 0., Dkt ne :tick you if you intended to *tangy? neutral ? A. Yes. Q.' Do you know any thing against any of the priscniers..? A. Not ,single. thing. • Q. by .Capiain 7.nee. What •do. you luTpove was meant ? A .-I:arrsierstood ()) - netiting.improper was k..oing on ; . 1. judged it It AS 1 detertniv.ition not to go to tne West Dwiglar, 80atrumi*,,,,r74.4.171. Captain Relate to the ttlutert what you saw of Cal the'ri.i..2 they were en the ler:2:castle on thLasttay, 'the rota, iq tilS evening.. c ap ' ta i h o Eyles came fovartl to 'clic idibo.ird 55,12.ef the for;:eastle, the . Ship:6 eetnpany were -.17,p in aims, 'out '`no pri fbners i" 211 g..ttliere;tro:ll:l the ca ete-, rron. Captiin EyleS rfi§i.Y...'d into the tot c)t - titcin - \Nattily, ancl bruizglit hi4n out . 7 -ay, the the prisoner, anti a.gre:tt . ; they before c ap t e p .-palSoper, Ttncl.-ai‘ thr.eeg ot diff4ent , ?risoner: They s 'Ort':•e.:xtettii4ittiere'fiei f'hiirr oirt : Collins join pcl in bustling i:irn it, :: , ,trne .before him, and plishea 4n;11 v4til hi, arms hanging down. .1 was pisiva to lift my arms, anclaA him if he knew what he was about. was lacking at Collins, as d. my hand was on . his breast keeping hint off. I said, do you know, you damned rascal, who•yoy ate shoving ? you'll - saitter for this bye and bye. Q. 4y the nurt. Whilst you were standing on • the fore. castle, do you recollect seeing any of the prisoners ? A. Ido not ; it was very dark ; I heard the voice of Fitzgerald. Q. 6 , Capt,eirt Aston..• I want to know if any - of the prison. ers acted in a partieular.manner in the mutiny from the Ist to the t ith of December ? A. Lorne on. the quarter-ieck. and in• different pats of - the ship.- There were Mayfield, Ward, Chesterman, Rowland, Cross, - Cooke, Collins, Lockyer, Hillier, Daly, particularly on Saturday. Q. by eattqin *ills. When .Coll ins shoved Captain Eyles, . did it appear to you that it was done with a view to rescue the. man whore he had collared ? Yes. . Q. by the Prisoner Collins.: Did . you not hear me say, for Goa's sake strand back,- at thelsame time 'forcing the people back ?. A. Nu.. Q. Do you think it was possible for me to staid the for; _z of the people, .as I was in the front of the lire on The larboard side, when the lane tsax made for Capt. Eyles 'to go forward, they having . aeted in so mutinous a manner ? A. I understand they were all alike on that aide of the forecastle. _ _ Q. 6y the Prisoner Day. When the hands went aft on Sun day, were they not ordered aft by the officers ? A. They were. ordered aft, but .did not go till the First Lieutenant went aft, accompanied by the other. Officers. The ports were down ;- I .heard ditiererrt voices in the bey calling out, kill the b—s. , The ladder_was Alipt from under me, and I fell down; *I was immediately got up again. The people were all standing fast. Lieutenants Douglas and Brown, and Mr.Stenton, , mare, pushed right forward, with swords drawn and pistols in their hands, and got the mob away. I saw Mr. Brown clap a pistol to one of their ears, and they flew upon' the quarter-deck.—Q., 'When the hands Wcte tiirned up to' bend sails, did .you see me on the accommodation.. grating, coiling down the nippers to fetch them below'ready ? A. I recalled seeing yOu there.—Q. Did you say " bear a hand and get the nippers below ?" 'A. 'I do not recoiled. Q. by. /Minim/ Holloway. Where did Collins do his' duty in the ship ? A. He was the ship's butcher.—Q:' Do you know of any order given to -Collins on the forecastle,' the evening Capt. Eyles seized Waddy ?" No, Sir. • yoion•Win. Dtirei ri>e Pakcsrr's-Steward, .rworn. President. Relate to the Court What passed .between you and Col I ins nr the store-room, in -the afternoon of. l'hitrsdaY, the ioth of iknember: WirNe.ii. - On Tluirsday afternoon the hands had been turned otit on the quarter-deck; Col lins came below - to the . Steward's room; -to- turn some meat which was in pickle. I began to diseourSe with him as follows " Collins, what do you think of the speech the Admiral 'Made on the quarter-deck 1" " 1 think (replied Collins)'he spoke like a father." "He spoke very welt (said I), and we may hope now the men's minds are quieted." He replied; " For The present. But the Admiral said to-day, he had no orders to unmoor: Whereas, on Sunday, he told us he expected we would unmoor ship wherrthe wind came fair." I told him the letter was addressed in a very respectful manner, except the latter part (I meant the letter the Admiral read on the quarter deck), I wondered who wrote it. He answered " The person is not far from you: there were twelve of us; and we could not make it any Better," smiling at the same time. He did not mention any of the persons names. I said, " I hope Collins, whatever dislike the men may have to go abroad; their intentions are not to use violence, to any' officer or perion Whatever." He replied, C.lOr t ilt think it is; or even disre spect ; you'see how weir do , their duty :- but did yOu observe the officers to-day'rin the.cloakter-deck ?—they had not even their side-anus, .“-fOrj 1 think they were damnably frightened." " Don't air& Sorolling (said I), it was not fear; it is not the wish 'nth - the dispOSifion of the Admiral to hurt any one, and of this you must be convinced- by what you heard to-day. The men have not any grieVances ; they have the hest of usage, and vhat More ran they require ?" " Why (replie+he), they - are determined not to go abroad; and they have tried the ships in England, and they will not go, and I know I won't if I can help it:" " Why, I believe Collins:,,not even the Admiral himself wishes to go ; but our country wants our services." He then went away. Q. f 113 e Prescient. Do you know Rowland ? A. • Yes. n. W i:en the ship's company were on the quarter-deck, did you hear Rowland-say why don't you all speak ? what is one inan? A. I did. Q. Was ha without his hat, and did he lye:: particularly red in — the Lace and heated ? • A.- !cannot exatliy say I*looked red - ;• he had his hat off: - Q: 'Do you know any thing inure against ItoM'alid, .or any other a the prisoners 1 - A. No. _ ' - GeOrge Parrott sworn. Q. Do you know Rowland the prisoner ? A. 'Yes. Q. Do you know any thing of Rowland's being present when the letter was wrote, and did he assist in dircaing it ? A. Yes ; he was sittingin my birth when it was wrote. John Col lins, James Chcsterrnan, John Fitzgerald, Edward:Taylor, John curl - in - tins; and Wiliam Cooke; Taylor , -wrote thelet ter, ' Q. Did the others give any advke ? A. No, I did nqt h6r, bin - they *ere alt present. 'Q. - After the letter was wrote,' did you see it read or hear it ? A. No, I did not. Q.. How do you know it was the letter the Admiral read ? A.) do not know ; I did not see it afterwards. Q. hi the _president. Did you ever hear the prisOner, or any of them, between the Istand tith of December. say they would not heave the anchor, but to go toiEngl and ? . No; I did not. Q. • Was there such cOnversation in the birth ? -A. No,'Sir..- • • • • • • - - • Q. 25y Captain Berrie. Did you know: There was a disthrb ance in-the ship ? A. Ws. Q. On what day did you hear of it, and who told you of it ? Were . any of the Prisoners eoheerned in it ? A. It was on Stuiday ; the 6tb,. When I • Went down to my dinner. After dinner, grog being served out, I . saw the. people come forward. 'ln about five minuteS, there - *Vasa great noise; the:cry was, "lower the ports; " 'and they gave three cheers—my birth - is dote forward in the mid ships. Lieutenant Forfar came down, and Mr. Shenton was on the larboard•side, to the' birth VAere ' I was sitting. Mr. Forfar 'asked, what man' that tVaS; . Mr. Shenton replied, George Parrott, of the topsails • mess. He remained there while the people went all'upoir the dealt: Q . . Did you hear any body say, lower the -ports' doWit? • A. YC3, William Elliot, and John Daly. Q.! Wilt, *as in your own birth, when they were going to lower the ports ? A. Edward M'Ker, John Eason; Thomas Betts, and John Cummins. Edward - Taylor was not in - the birth. •Q. What Was your conversation abourlowering the ports down ? -A. There was no conversation in .the birth. Q. Was there any conversa tion out ? A'. Yes,_ainong the people about the ship'not go ing to the West-Indies.- They said,.'they would not lift the anchor, but for England. .Edward Taylor, and John Collins, said so: I did not hear any one else. • Q. by Admiral' Holloway.: Who told you that you were to drink no more fhan your own allowance of grog ? ,A. Ed ward Taylor. Q. Did you not unknitand what was the rea son of tharorder? A. No. ' Q. by Captain &rile. Can you fix - on thy man . you heard cheer? A. Yes. john Cummins, Collins, William Hillier, and John Daly. Q. Froin'the Ist to the ixth, did you ever learn any thing about the hathmocks? What was said, and who said it ? A. I saw-Collins, Chesterman, Fitzgerald, Taylor, Cooke, Tames Rowland, and Joseph Rowland, sit ting upon the hest in Mayfield's birth holding conversation : the light was put out. What was said I did not hear ; about ten minutes after they dispersed, I went on deck, and came d Own on the starboard to gnforward to'my hammock. 1 saw William Cooke, amid 'heard him tell the people in their births to keep their hanunocksdown. Q. Do you know any thing about the appellation 0/delegate ? No. Q. Did you hear any thing about - ringleaders ? A. Yes, 1-.11141. , Q. Name them ; John Collins, Chestersnan, Fitzgerald, Taylor, Cummins, Rowland, and Lockyer. Q. What hour was the letter writ ten at ? A. Between six, and seven Tuesday evening. Q-. -You said you never came down but at your meals; what made you go down then ? A. I went to my supper. . • Q. by the Prisoner Collins. On what night did you hear me forward In Mayfield's birth ? A. Sunday night, between-five anti seven. Q.e What part of the ship was 1 in•on SatllYday, when you heard me eh= ? A. The larboard side of the tore- mast. Q. by the Prisoner Miter. What. part of the ship - was I in when I sung out, lower the ports ? A. The starboard-la:1Y, before the miinger—bond. Q: Did you hear me say, Daly, lower the ports. A. Yes, 1 did. • Remy Smilb , sworti. Q . ly the Covrt. •DQ you know the prisoners at the bar ? A. I . know them all. -Q.. by C.r;t4ll: li i Eyler. +. Rowland send for you into . Tay:ors birtn, on Tuesdaphight ? A. Yes ; I. was ori.deck at the time the messenger paine4.• when I had come to my birth, two of my messinate3-,7chorreis Stanley and Robert Ylexon • informed me that ReAdand-•.itn are in his birth. • I went clown to,•his birth in.tiie44dship, they told me my company was wanted. .flOwl4sl7and. a ayi6r said so ;. Chesterman was there, .and Eititgcriild. same 'afterwards. • Collins 'and Cummins were there, I.don'ethink Co. ke stopPed. When I went into the birth.two or three lines.of a -letter -had been written. Taylont hen . proceeded to finish it. Cohllns in dieted the chief pat, and some more words which Rowland . didated were interlined.: 'Chesterrnan, I believe, put in two words. When they came to. that part - of - 111e letter where the marines .were. mentioned, I asked if the.marines•knew of the letter 'ray for informed me they did. I saw . the letter; fi nlshed.' • I ,believe it to be the same that . was re - 4d on the quarter,deek by the dmiral. , I understood they. were to write another, and ke'p it as a copy : This .was about six in the -evening.. • -Toe next- morning Rcifsthuid• told gle hg . the • letter VAS - M. ill thf.: .biunaciv. • Q. CO you ever, between the zst and rtth .of Decentigr,, heat the prisoners talk of refusing to go abroad ? A: I heard a general conversation to that cited, but not by the prisoners. ' Q. Where were you on • Sunday, the 6th instant, when - the, - ports were lowered down. A. 1 was in Wbite's7 birth on.the lower deck, Chesterman was there, Rowland was in his own birth, almost facing and Hillier and. Daly in their birth, to the best of my khowledge. I was right facing tht3 foremast, and heard a cry almost fOre and aft, singing out to lower the ports. I positively do not know who lowered the port near. me. Q. Why not? .A. Because the people there were as thick as they could stand_ .Q. As you were close to my. birth on Sunday, do you remember me sitting there at dinner ' when the ports were lowered ?, A. I do nut. Here Captain tj4es stated, that be had no fresh matter to adduce, or any more witnessed; to briflg forth, but in further, corroboration of the several testimonies. alreadY before. the Court. The evi dence in support of the prosecution therefore closed, and at three o'clock the Court adjourned till nine o'clock the next morning. FOURTH DAY. This morning the Court assembled at nine o'clock, and the prisoners were called on for their defence. But Mr. BARRY, their Counsel, in their behalf; ac quainted the Court, that the prisoners were not fully prepared, and that they requested the indul gence of three hours to enable them to arrange more effettually the system of their Defence. The Court readily granted the application; and adjourned over for that period. At twelve o'clock the Court again met. . .THE DEFENCE. • John Mayfield being first called upon, bg delivered in a paper, which was read by the JUDGE Atlvo c ATE, 3}.)(1 was, to the following - effea Itir. . President, and Gentlethen of this Honourable Cart, ". For the first time in my life 1 am called upon to answer before a Court-martial an accusation of any kind, more espe cially that of mutiny. Conscions of my innocence, I . shall endeavour to remove the fatal efleas of the evidenee, which supports it, Which I shall attempt to do with as little occu pation of the Court as the case will admit, wishing earnestly - to give as little trouble as possible i therefore, added to the acknowledgments I - am bound to - entertain for the patient and laborious' hearing they have already . bestowed in the investi gation of the evideoce against me, I- have further to suppli cate a like exertion ofthe same eOnsiderate attention to the . evidence I shall adduce in my behalf, convinced, that when - ever there shall appear any circumstance favourable to my case, I ,shall derive frean'their j . ustice•and humanity every ad vantage of it, fur which my gratitude shall never cease to flow. " I have served His Majesty several years r -without crime or blemish ; I have uniformly poSseised the good opinion' of my Officers, and my whole lite has been one uniform exera thin to deserve it, by observing a (bac resped to them, and a strict attention to my duty. I am consequently a man very unlikely at . this, Period to falsity-such an opinion,. by a dis, graceful adherence rorrintiny s as well as I can I shall endea -your therefore to remove the accusation; but if the evidence I shallsbring forth will not, according•to' the. Articles of War; and the stria rafts "of naval discipline, -amount to an exculpation of the offence imputed to me, I have but one resource left—an appeal, through the medium of your lin , mane recommendation, to the mercy of that Sovereign in defence of whose Person and Government' I have ever been ready to shed the last drop of my blood. I fought ha the bat tle at Fiorenza Bay, and on the 7th of February voltmteered my services to storm and take Fort Matilda; I did the same at Toulon, at Convention Hill likewise, and never ceased to do my duty." Yames Chesterman was next called upon; and he delivered ' in e paper, which was read by the Judge Advocate, and was to the tollowing died Mr. President and Gentlemen of this Honourable CtUrt. " It is next my unhappy lot to solicit your considerate at tention to my unfortunate case, and to callyour notice to the evidence which I shall produce in my behalf, persuaded that I shall meet from the wisdom and the discernment of the Court, all that patient regard to my interest which their justice may deem me deserving, and which the circum stances that I labour under will allow. In the evidence of one of thZ: witnesses brought forth to support the prosecution, it is stated,. that I entertained the intention of committing murder. If the whole tenor of nay life could he a contradiction to it; if the conduct I have always displayed in His Majesty's Service, if the behaviour I always Manifested in the Temeraire; to the instant I' waa accused of mutiny, could contradict it, I think I should re fute the' foul charge. And here, in the presence, of Almighty God, 'I most solemnly, declare, that so barbarous a thought never entered my head. I Shudder at the bare mention of it as .applied to Inc; . I know, hoWeVer, that anything arising from my bare assertion, can be little moment ; but I trust, I shall be able to produce such testimonZ as will re move the,accusatiop. For the rest i rely upon (Sod, and the humanity and justice of this Court. I pretend not to more intrepidity than Olhermen, but on this occasion I feel my-, self justified in saying, that I have fought my Country's bat tles, and in all things did mythity as a Seaman ought, far, froM disobedience, and farther from disloyalty- still, during a hard service of nine years. I was in the battles of the Lath March x7oe, of 13th of July, and the lath of F e bru a ry. I served unde r E ar l S t . Vi ncen t, and tw o Hon. Admirals of this Court. I was 'present at the Blockade of Cadiz, in all , the 4ctidadflit,' and did my duty there ashore when the Tower aalaSsbOrrning'!" 3 5 hn : 17).0;kbithitid a paper to the following effect : Pre.4di4lt x 'and Gentlemen of this Honourable Court, , • "Withtnii >ttlr4d d llfimility , ' I beg to trouble the C o urt— No man cancleteat the shameful crime of Mutiny, alid:riii•rifib snore than 1 avoided it with more caution. T shall prodube witnesses capable, I hope, of proving that ; and forthat purpose, shall appeal to the Officers of the Ship. Since I have been in the service, it was always my pride to shew them obedience; and I hope that, upon this occasion, they will do me the justice to say so. I am, however, accused of the crime of mutiny, and I must endeavour to refute it as well as I can . For that purpose, I 'shall call upon these Gentlemen, and I trust, that so far froth manifesting either dislike or disobedience, I took every opportonity of giving such information of what Was unhappily transpiring,. as in my mind would prevent mischief, and in the end, be nefit the people themselves. 1 have a mother, a - wile, and two children, on their behalf, if in any thing 1 erred, 1 im plore commiseration, and supplicate mercy ; and in the hands of you my Judges, placing my life, entreat that, which of all things I consider, as - the greatest blessing yOu can bestow, preservation from a disgraceful death." ..70/ra Ward was next called upon for his defence, and he presented a paper, which Was also read by the judge Advo cate. After an expression of the, prisoner's abhorrence of the crime of mutiny, the paper states as follow's : " During five years faithful and loyal service, I have main • tained the character of a good seaman, true to my King, and steady. to my Country. My life is now in the hands of the Court, but I entertain humble hope and well-founded confi dence,—the life of a British seaman cannot be M safer hands than in those of British Officers." ThomaS Cross vvas next called upon. He presented a paper in which he says "-I humbly appeal to. your mercy-. It is not my inten tion to trespass on your time brattention by calling any other witnesses but those to my charades, which has been hitherto irreproachable. I always demeaned myself as was fitting, and in every resped as a seaman should' I have an aged fa ther, who is supported chiefly by- my means, and for his sake, more than my own, I implore pardon 'for my offences. I acloowledge I have been led astray ; but I hope that will not shut from me the door of Mercy. I have served flis Ma. jesty seven years, and never once deviated from my duty." Thomas .`ones delivered in a paper to the following eild " I sincerely lament and deplore all the errors of my past life; and I particularly repent that in any instance I should manifest a diSobedience to my superior Officers. -I shall not . trespass on the trouble or time or the Court, otherwise than by. thus eipreising my contrition for what has been done, and calling sTaan Gilitlemen character; adding, that it' the COutt in its inerty w ll spare my life, the whole course and canduA he one continued system of loyal aal.beriarnirigiierneatiour, to shew my -gratitude for the gift by all te r wito,kcane liOwing therefore,. with deference, and-with prdiallnd liktinility to the' Court, I commit myself to its chatsiirsand inimauity ; and especially on the account o'f an aged parent, whose lite-would he involved in my fate." Whets he Cummins was called, he produced a paper, in which he says: k' Upwards of .mine years have I served. His Majesty with steadiness ,and loyalty ' • and every Officer under- whom . I served has given me a good character. I shall call, witnesses, and; yitikpermission, examine them as to.the matters charg ed against me - ; and,.trusting to the purity of my own mind; ',rid my innocence of the offences imputed to me, 4hall eon:. dude with appealing to the Officers themselves of the .Teme raire, to say, whether, during the whole time I belonged .to 'tile ship's company,'l - ever, upon an/ occasion, incurred t heir tlispltitAire 3 or. behaved tiaWorthy a SCMAfila - 1 teuSilt `Ti ny of my eottntrrs - battles: lovas Its the ictioft of the rat of June, and that of the z3d of June, and behaved in all things as I hope became •me." William Hillier being called upon, his paper was read. It, states as follows ; " I have been nine years: in hard service, and conducted myself all that time as a seaman ought. I have been M. many actions ; I fought on the uith of February off Cape St. Vin cent, under the Noble Head of the Admiralty. 1 have been in stoiming a Tower at-Cadiz, and in its blockade fought se veral battles in the boats ; I volunteered my services on shore at Toole"), and at Fort Mulgrave. ',now prostrate thyself before you, and if I shall not succeed in rumoring the accu-- sation against me, • let me supplicate mercy." J. Fitzgerald wits next called upon. It his defencedie says, I have served- flis Matesty faithfully and loyally during a period of twenty-one ydrs, and in the whole of that time without crime or blemish, cheerfully perthrmed my duty as a subject and a scanian should. I regret, however, - that tor *: moment my snit-ti was misled, and a sudden impulse seized it upon hearing that we were going to the West Indies, having long ex peaed to return to my home in Limerick, from which I had been so long absent, and 'that peace being re stored, I might return- to my friends. The disappointMent (with the-deepest sorrow, I acknowledge end deplore it) had a momentary effect upon sly, mind, • but in the next instant it subsided, arid I was ready to shed the last drop of my blood in my King and Country's -cause. On no occasion -was it : ever my habit 'to boast of nay services; but I humbly hope that, upon this occasion, I may be allowed to mention some 'of them,-and commit myself to the-care of the-Almighty, and to the wisdom, justice, and commiseration of this Court: I detest mutiny as much as any man in the Service, but I' 'shudder 'with horror at the cowardly crime of_ murder, with the intention of which I am charged. That disgraceful ,stigma I hope t 6 wipe away from my .mem6ry; whatever be •my fate, - and I trust in cod I shall be able to do it. .11eath •has /to such terror 'to a British seaman as disgrace at that tremble more than at the separation of my soul and•bodyr have had hard service, and fought under several commanders: On the tzth of April,. teB2,- under the gallant -Lord Rodney, I bore :my - share, commanded by Captaill Rogers, in the Que bec/frigate. I volunteered my duty tm shOre at Grenada, and assisted in cntelling the insurre6tion. I have all my life ' since I was- able, devoted myself :to my superiors, and rendered obedience to 'their commands--In return for it I ithplore mercy. ,, • Christopher White, when called upOne delivered a paper to the Court, in Which he says : " It is stated in support of the charge of mutiny exhibited against:the, -that- I " unshipped- a ladder and called for shot." I protest most solemnly . that I am innocent of each, and that the testimony given:tit establish such accusations is founded in error. .- As- well as I am able I shall endeavour to convince the Court Of that, and leave the rest to their humanity and impartiality. I have served the King nearly seven years, and during the whole of that time I maintained such a character as became a seaman." • - - yehn Collins was next called on. In his address, he speaks • as follows : • " In addition to the charge of mutiny, I am' likewise at•-•- cused of an' intention to commit murder.' I know that it cannot.assist my case to assert any thing without being able, by witnesses, to prove it,; but as it. is impossible for me to , produce tiny proof of what my intentions could possibly be, I am left to the solitary support of but expressing my inne r eenee of that charge, which I do with all the _protestations ' that 'a mind Incapable of the foul deed can utter: I hive been - • nine years in - the service, without reproach. ; I have :,tiri• an • occasions proved my -duty and my loyalty. • ,I Was ; the,tirsr in: the Valiant to propose six months pay towards the contras bution for carrying on the war, and this •is the fith time iu my life my character was called SIXTH DAY. SENTENCE. This morning the Court met ac nine.o'clock, ancl deliberated till two, when the .Prisoners being It called in, the Depnty JUDGE A i DVOCATE proceeded to read- their -respeaive sentences ; ay:follows At-a Court Martial held on board His Majesty's ship the Glacii?tor, the 6th of January, :rBoz, and continued by several adjournments, President, Sir ANDREW, MITCHELL, K. B.;Vice Admiral of the White, second Officer in command (here are rec;pi , tulated :the names of. the Members of the Court) pursuant to the order of the Commissioners foe. Executing the Office of Lord High Admiral of Eng land, and direeied to the President,. requiring &to to try John Mayfield, &c. (recapitulating th prisoners' names), including Edward - Taylor and William Allen, Seamen belonging to .His ,Majesty's Ship Terneraire, or such of them.as bave arrived at 1, Spithead, for, 4:c., (recapitulating the charge,) The Conn proceeded to' try the, said prisoners, (excepting Taylor. and Allen, rot arrived at the he ginning of the trials, who have arrived at Spi thead , for the crime with which they are charged, as. .abOvementioned, and having heard the evidence for the prosecution, and the defence made by the prisoners, and what they had to alledge in supporr thereof, and having maturely considered the whole of the same, the Court are of opinion. that the charges are proved agai nst a ll, except Christ, White, and doth adjudge them to stiffer Death, by being hanged by the neck on board such slip of His : Ma: jesty, at Spithead, or .in:Portsmouth- harbouciana: at such time as the Lords - ComrhissionerS 'for e%.- .ecuting the Office of Lord. High Adiniral of Eng' land shitll dired, and the said John Mayfield, Bz-c, (all except White,) are hereby ordered to suff.et death, by being hanged by the neck as before mentioned, wand the Court is further of opinion, that the charges, against Christopher White, are in part proved, and cloth order and.adjudge him to re ceive zoo lashes on his bare back, on board 'such ships at Spithead, 'or in Portsmouth harbour, and rat such time .as the said Lords Commissioners. shall direa, and the said Christopher_ White is ordered to receive said zoo lashes accordingly. Collins then said : " Permit me to return int sincere thanks to the Court for the patience and dulgence shewn. I acknowledge the justice of ttlY sentence. I have violated the laws °lnv country,' and ihediscipline of the navy but I dcclatc:to mighty God•that the intention of murder never ell' tered my head.. I solemnly call God to' wirnesg this declaration, and trust to the truth of it all 0 1 Y:' hopes of pardon in the other world. May God pro d :, tett :the- - BritiSh Isles, and. the Governme nt ! may God receive my soul At these words all the other prisoners then - eP: clditned Amen.' Chesterman then said, ' I hope they will allow friend of mine to bury my-body y and concluded by praying the Court to allow,him a little time to Vie", pare himself for eternity. The Presidevt replied,, ' That does not rat . Witt' . us, :but with other authority.' - , Fitzgerald said, be offended against the Laws: bathe solemnly declared, that he never entertained. any intention olcommitting murder. • TEST UL n,,, It DA Y. • •:, • . --- ' ' Bank Stock 188 i 9* 9 - • India Stock ~ • , .-- • !slily./ 5 per Cent. 9S* 71 Excheq. .1.:ills s.. s..prera• s trer Cent. i 77, 94 9 Fundable ditto prem. I ri r lit 5 per Cent. 9741 • 3d Exchequer Bills par - 4 per CCM. Con. tis 41 . ',New S. S. Stock, ; per Cent. 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