The Sun. — London, England, 1807-10-17 00:00:00

, 'x'll B TRIAL 1- J. wiLsoN> , alias J. RATFORD. iConcluded frtin) yesterday's Paper.] Mr; James Simpson ll'ells, Clerk sf the Halifax; called in, and sworn. I{e . prcduced the complete Book"of the Halifax— Swors to its corre6tness, and by di reaion of he Court, point,ed (int to the Judge-Advocate the five men g „ ated. by ,the Charge to lave deserted,Whieh he did as follows: Iticiltard Iluhert, sgil 7 maker, born in Liverpool, tngland, aged 29; liertry Saunders, yeoman of the sheets, born in reenock, aged d 6. Jerikin. ; 26ord, ordinary, born in London, aged 34. • , 1 . George North, Captain of the main-top, beta in Itinsale, aged 27. Wiliiam Hill, able, born in Philadelphia, aged 21, entered at .Antigua. Q. Do you know the Prisoner to be one of the ,men you have now named ?—A. Yes, I do by the name ofjenkin Batford. • Q. Have you any reason for believing the Pri soner to be born in London I think I was pre -lent. when his description was taken, and he gave ,the place of his birth, London, himself. Mr. James Bakie, Secretary •to Vice Admiral Derkeley, sworn to the following Letters being true - Copies'of those sent- to the Commander in Chief; when they were read, and arc as follow : 'TO .I'O,llN. ERSKINE DOUQLAS, xso. Captain of His Majesty's. Ship .Bellona, rind Senior ()dicer, &c. &c. Chesapeake. .• His Majesty'S Skip Leopard, at See, Ste, - eed Juno, 1807. In obedience to your signal this morning, to weigh 'and reconnoitre, S. E, by E. I have the honour to ac linaint you, that having arrived off Cape Henry, to the distance of about four or five leagues, I bore up., pursuant to orders from, the Commander in Chief, to search for Deserters on board .the United States' frigate .Chesapeake. On arriving within hail an Officer Was. dispatched according to my instructions , to chew the Order to her Commander, togetberwit h the following Note from myself: The Captain of hie Britannic 'Majesty's Ship Leopard has the honour to enclose the Captain of the United States' frigate Chesapeake an Order from the Hon.' -Wee Admiral Berkeley, Com numder' in Chief of .. his Majesty's Ships on the North American station, respeaing some Deserters Iraqi the ships (therein mentioned) under his com 'nand, and supposed now to be serving is part of the crew Of the Chesapeake. . . "“ The Captain of the Leopard will not presume to say any thing in addition to what the Commander in Chief has stated, More than to express a hope, that, every circumstance respeCting . them may be adjusted in such a manner that the harmony sub sisting between ,the two countries may remain un diSturbed," The boat, after an absence of three quarter,' of _an hoar, returned with the following answer : • " I knOw of no such men as you describe ) the Pfficerti that were on the recruiting service for this ship were particularly instructed by the Govern men t, through :me, not to enter any Deserters from his Britannic Majesty's ships ; nor do .1 know of any be ing here. , " I am also instated never to permit the .erew of any ship that I command to be muster ed by, any other but her own Officers ; it is my dis ,positiOn to preserve harmony ; and I hope this an swer to your dispatch will prove satisfaaory. (Signed) lAMitti BAUON. " Corm of the U. S. S. Chesapeake:: " List of Men found on board, and serving as a part of the crew or the United States' ship Chesapeake. Deserters from his MajCsty's Ships Me'anvils and Halifax : William Ware, Daniel Martin, la. Strachan, alias Story, UM. S. Metampus.. fn. Wilson, alias jerkin Ratford, H. M..S. Halifax. (Signed) , S. P. HUMPHRE YS. 1 , H., M. S. Ship Leopard, at Sea, 22.4.1 tune, ISO., I . Copy of at Letter from Commodore Barron, to Captain liumphteys , • " itt--1 consider the Frigate Chesapeake as your Prize, and am ready to deliver her to any Officer authorised to re. ceive . her. —By the return of the Boat 1' sliall,exPed your answer.; and ,have the honour to be, Sir, .. • 4, Your most obedient humble Servant., " AM ES,BARRON,Ik" " At Sea, 22d tune, MI." t A NSWER. " kiis Majesty's Ship Leopard, at Sea, 224 tune, 18n7. “fligt, .‘ Having to the Utmost - of my power, fulfilled the in: "strudions of thy Commander in Chief, I have nothing more 10 desire ;- and must,. inconsequence, proceed' to join the re mainder of the Squadron; tepeating, that I am ready,fo give }Au every assistance in tny power, an t i do m o st s i newe l y plane that any lives' shoujd have - been lost in the execution t a ,av ice whicht might' have been adjusted more amicably, um t. Linty with r , !speo to ourselves, but to the Nations to (Ai We respectively belong. '" I have the honour to he, Sir, " Your obedient hotrible Servant, " S. P. HUMPHREYS." On the receipt of thisietter, motives of humanity, and an'ardent desire to prevent bloodshed, induced .me, if possible, to endeavour to make the search • without recurring to more serious measures, by re , patedlY hailing and remonstrating without effed. I Alien direded a shot to be fired ucryss the bow; after which he was again hailed ; the answera again were equally tvasive • conceiving, therefore, that nay orders would not admit of deviation, I lament to • sCity:.that felt under , the -necessity of enforcing 0,10. by firing into the United States Ship ; a few, ifi,tOt were returned, but mina strnek - ihiS Ship :' at Isflte expiration ofi ten minUtes•• from the first shot 1•-eing tired, the pehilaut aii&ettsign.of the,Cliesa 'feake were lowered. I Alien gave the necessary iredion for her being searched, according to my iristrudions,: Oa herewith send you a statement* of .-,the nunibe i tiniti - names of. the Deserters found on board— Sesieral other English SubjeCts'composed .part of tho,•,crew of tlia Frigate', but as they did not ciahn the prute4tion of the British Flag, and not t h e my orders from the Commander in L therefore allowed them to remain, After the, search had,heen made, and previous to otp.iralion, Oh; Captain svnt me.the annexed Note, f yuNDON Printed by tit the Si/11.01T which, with my Altswer, I: I have the botto' to subjoin, and have the honour to be, Sir, Your most obedient humble Servant, • S. P. HUNIPIIRgYS. Serjeant Richard Frodsham, of the Royal MArines, of His Majesty's Shlp Bellona, called in and sworn, to truly answer r what he kneW of the Prisoner, as also to-such *questions -as the Court might ask „him. Had heard the . charges read. Q. Do you know any thing of the Prisoner ? A. Only that he was confined on board the Bel long, so a Deserter from the Halifax. Q. Were yon . on board 'His Majesty's Ship :Chi.' cheater in the Chesapeake, doing duty as Serjeant of Marines i—A._ Yes—l was lent from the Bello na to His Majesty's Ship Chichester, on . the 10th of Npvember, 1806, and remained there until the 15th March, 1807. _ _ . . Q. Do you know of any Deserters from Fort Nelsoet being claimed by the American Command. ant ?—A. Yes. Q. Relate to the Court the particulars.—A. In: the early part of February last, the Chichester being along-side the wharf at Gosport, in Virginia, I' saw a party of soldieis, under arms, consisting of the Commandant of Fort Nelson, a Serjeant, Corporal, and four Privates, coming from the Fort to the Wharf, along-side which - the Chichester was lay ing. Having entered the gates, they proceeded to Captain Stopford's lodgings; when I was sent for,, by him, and asked whether 'there were any Deser ters on board from the Fort—l answered, there were not any.—The Captain said, " there are three, ale there not?" and diretied me to give them up to the person I supposed the Commandant.—l, With -the assistat ce of the Offipers, searched the - ShiP, but could not find them, and reported accordingly to the C: plain, who then ordered all hands to be turned up, in order to search more partiCularly; as he was determined to give them up. I; with the Master, and other Officers, renewed the search ; and, at the' expiration of an hour, two Were t'ound under the stores in the hold, the third was found in one of the store-houses, under the sails. Captain Siopford di re6ted Mr. Brooks, one of the Midshipmen of the Ship, to be confined, for telling Captain Saunders that he thought it was not right to give up their Deserters when they would not give up ours. The Deserters were then put in a boat, and taken, by the American Captain and Guard; to the ,Fort Their names were, Wm. Burn, a shoemaker by trade, an Irishman, born in Loncloriderry.; Williact Jones, a weaver by trade, born at ,Manchester,, in England ; the name, or place of birth, of the third person I'do not recollect. Q.: Do you know of any of the crew, or supernu theraries, deserting from the Chichester, : : and enter ing the American military service Yes—Cost valescents, who came from the Regiments, &c. iq the West Indies, for recovery of their health. Q. Relate the 'particulars.—A. Robert Simpson and Francis Sedgewick, of the Royal Artillery; Win. Phillips, Corporal of Royal Marines,,belonging to . the Chichester Benjamin Withers, of the lath Regiment of Foot ; and John Mahoney, of the 37th,, deserted from the Chichester—some of whom en listed, in the English uniform, info the American service, and were afterwards seen by me in the American military uniform—Simpson and Mahoney were Irishmen, and Withers and Phillips, English men, from theCoUnty of Lancaster--I di) not know what countryman Sedgewick was, but have repeat. edly heard theta all declare, they were strangers to the United States.' 'l'he Evidence withdrew; and Captain John Erskine Douglas, of His Majestis Ship' Bellona, sworn. Q. Was you.SeniOr Officer of His Majesty's Ships in the Chesapeake when the men, stated by the'last witness, deserted from the Chichester wag Senior Officer. Q. Did you make any application for those men ? A:I did make application, but they were not given up: and, to the . best of my recolleaion, the answer given was, " if pny Desertem frcim 'the English service have entered into the American service, they have been sent with a detachment into the country." ' The Prisoner 'was now called upon for his defence, having been told, et the examination of each wit ness„ that he' might, isic any questions' he. pleaied.- , After retiring, for a short time, with the judge Act vocate, he returned into Court, 'nd stated, that the evidence hi-ought 'against him was so strong, there was but little left for hiM to say in his defence ;biit that the reason of his, hiding in 'the coal-hole Was,. for fear of the Americans making him fight against Ills country, which he declared. he would not do on any account ; thathe, With all the men Who deserted from, the Halifax, were persuaded by th e B oat iW a i n to enter for the 'Chesapeake, to'protea themselves, which they did r Lieut. Sinclair asking them if they had 'not a second name: About thirty men went in tihtYfirst draft with him to the Chesapeake, when aptain Gordon mustered them, and they Were mustered again in Hampton ROads by the Conitno dore. He. reqUested leave to call one -evidence iii again--;-to ask his Officers for a charaEter—andlhen he threw himself on the mercy of the Court, Lord James rownihend stated, that, prior to the charges, he had always behaved himself .as a quiet, steady:man. Mr. Turßer called in again, and reminded that he was still on his oath, .Q. By the Prisoner. Do you recolleet my throw ing_ my oar across the boat, and not rowing after the beat had been pulling some tithe for The shore, and after others ealled out , t pull away ?"—A. I do not. The Prisoner pulleirakiray as the others did. Lieutenant Career, 'of the Halifax, on being called on for the Prisoner'S chargler, stated, that all the' time he was in the Slogp, he'considered him a steady, sober, .attentive man, and one be could have en trusted on shore. Lieutenant Masters had known the Prisoner all the time he had been in the Halifax—never knew any thing against hint—he was sober and attentive, and occasionally with working parties on shore. The Prisoner having nothing further to offer, the Court adjourned from the wiarteit-deck, to consider of the evidence they had heard ; and, after maturely and deliberately weighing the same, were of opinion, That the Charges against Jenki n liatford were prov ed, and adjudged hint to suffer death, by being hung at the yard-arm of such one of His Majesty's Ships, and at such time, as the Commander in Chief at 4,lalifax shall direeti which sentence, being signed by each Member, and 'the Court assembling again on the quarter-deck, „the Prisoner being brought forward, and the : witnessei: and audienbe admitted, was read by theJUdge Adi , ocate accordin,gly. After Which the President addressed the Prisoner in nearly the following words : • " You have now heard the awful sentence of the - Court—You - have been found guilty of deserting from the service of—your Country; which, at all times, is 'highly criminal : .if it were possible to make it more so, it at the preSent crisis, - when Great Britain is struggling for her very existence. Yoni deserting from the Halifax, and entering ing into . the American'navy, has been attended With most Serious.and unfortunate consequences, -- atfettl ing the peace of both countries. " The olTenees of which you have been found guilty are of so flagrant a nature, dual cannot flat;- ter you with the least hopes of pardon': '1 therefore earnestly recommend your employing the short time You may have to live, in. making yoUr peace with Heaven. • " All who are now present,' - eild have witnessed this Trial, as Well as the crews of others of his Ma jesty's ships, must be convinced of the *heinous crime of desertion : more. particularly's°, when it is attended with mutinous and contemptuous beha viour to your Otlicers-- - --the fate of the unfortunate Prisoner will; I trust, sink deep into your minds, and prevent the continuance of 'an difence so hurt ful to your Country, and disgraceful to the charac ter of British'Seamen." On Monday morning last, at a quarter past nine o'clock, the sentence of the Court-Martial was carried into effeet at the -fore-yard-arm of his Ma jesty's 4loop of War Halifax. AMERICAN PA PERS. NEW YORK, SEPT. 2.—The following is an ex tra& of a Letter from Richmond. The 'Letter is dated August 27, and is from respeelable authority. We understand that there .are other letters in town detailing the same filets ". Burr's trial is going on . very slowly. An at tempt was made two nights ago to poison a Mr. Duncan, a material witness in the case. The 'at tempt was made by- his own servant, who is now in jail. He has confessed that he was to receive 700 dollars and his freedom ; but says he does not know the person who made 'him the offer. The laudanum was put : into 'porter. As Mr. Duncan intended to drink the 'porter just before he went to bed, his servant carried it to his room. He discovered the poison the instant he put the porter to his mouth." Seer, 5.--Letters (rein Richmond, received at Baltimore, annebnce the fa a, that an attempt was made to destroy Mr. Duncanson, a witness on be half of the. United States. on-the trial of Burr. It appears that a party of Gentlemen, among whom was Mr. D. had been amusing themselves at - cards. In the course of the evening, Mr. D.'s servant observed' to his master, that be knew where there was excellent porter for sale, and waa' ordered to procure some.- Mr. 'D. requested his sentant to preserve a glass for him when- he wits going to bed. Having. retired to 'his chat - Aber, and as he was getting into bed, the negro entered with the glass of porter. • On swallowing -a small portion of it, he discovered that it looked' unusually tur gid. -.He put' the glass aside,'. and laid himself down; but in a few minuteS 'remarked to one of his companions, that the potter in the glass had a strange taste, and was by no Means so pleasant as that which be had drink previous to going to bed.-- His companion, on -examinatino, pronounced it to be strongly tindored with laudanum. Gen. Eaton and ,General Wilkins being called in were of the same opinion.: 'The negro being sent for, and being closely pressed and questioned by' General Eaton, confessed the diabolical intention, and disclosed the name of his 'instigator,' with the reward that had been promised • him. The neer° is in gaol, and will no doubt be duly punished ; but the villain who urged him to . the deed with escape,. as the tes titnony ut a slave will not be good against . him. 'The British armed Brig that has been cruizing off Sandy Hook some days in want of a pilot, yes terday afternoon succeeded in making it known by: means of a Lieutenant of one of our Gun-boats who went onboard, that she was charged with dispatches to our Government, on which a pilot went down to her, and brought her up to the Horse Shoe, where she nowolies at anchor. — Evening Post. Letters from Richmond were received in (own' by yesterday's Mail, which state that the Chief Justice refused to send Mr. Burr to Kentucky, on the mo tion of Mr. Hay, on the charge of treason committed there. . Mr. Burr then .entered into a recognizance, himselfin the sum of booo,dollars, and two sureties in the surnol:2soo dollars, to appear . on the charge of tnisdemeanour. When it was moved, Mr.. Burr declared himself ready, but laid before the Court an affidavit.that two letters from General Wilkinson to the' President, in possessien cif Mr. Hay, were ma terial to his, defence, and movedtbe Court for a sub peena duces tecum to. Mr. Hay to produce them. r. Hay offered to produce them, provided such parts only should be. read as were applicable, to,the defence. The Court requested the Counsel to make an arrangement between. themselves, but Mr. 11..de• .clared he had done with arrangements. The sub pcena was then ordered; but Mr, Hay declared that the letters were so highly confidential that he could not and would not deliver them up. The Judge edviSed him to. take time to consider of ,it, and aa jonedm .the court. .y.----The British Ships of War Jason and Coltimtino are still below. A boat from the Cohan manned, with .an officer and five men, yester day boarded the Pilot-boat ,lirothers, to bend dis patches to New York; and while the officer was in 'the cabin, the sailor pkished Of in the boar, and landed at the Hook. lITMACT Or A LETTER 1.1“)14 CAPE PRANcois, DATED JULY 29, ItEcRIVED UR TUN ADMIRAL BERKELEY. " I arrived in good health, in the midst of the rejoicings on account at' the defeat of Petion's army, RtesiAlto 'ldiots, of No. 4, Matilett.court, 130W.StICtI; and published by WILLIAMItMICIIR SCRIPPS. Of South violCß No. g, Strand Where Advertisements, f)rders for the Paper. I titters for thp . , whichwas completely beaters at.Goneiveg. Some of the ruips.of-it; joiOed•te-alew..fresb troops, Were itaringetteugn "to . liol 7- at Port de „.Paix the Presi-, dent;.Christoptie-, .Surrounded them,, and more then 350 ofilieni perished there ; about 713 of them were brought hereprisontiv, and a few are disperied in the woods about Jean Rabe', where they are hunted up like hares, . A.few days since, Petion very nor rokvlji, escaped. being arrested. The troops of the President,. ELChristophe, are in possession ofevery pOit as far as Cul de Sac, three leagues from Port au Prince, ,Where the army is encamped • there is eeryprosßell that Petion will be obliged to leave the 41iiiid in liss.than a month. •• 'f Atm. 14.—Lengane, Petit and 'Grand Goave, are in insurrc&ion agatnst tetion, and are marching against Port-an-Prince on one side, while the troops - from the North are in Cul de Sac on tha orher:aide l • • ,The mountains of Jeremie are also in insurreCtion iq favour of President Christophe. You may/rely or.. these faits." CUSTOM.HOUSE, NEW-YORK. Collator's Office, Sept. S. g ' The' president's Proclamation having interdi6te4 , all communication and intercourse between the Ci tizens'of"the United States and Ships of War of his Britannic Majesty, all persons are hereby notted, that the penalties incurred "by a breach of the said Proclamations will be rigorously enforced. ' DAvin GELSTON; colleCtor. Nsw-Yciak,. SEPT. 7 .—The British Frigate Ja son, Cqi. COCHRANE, arrived at quarantine on the 4th init. in five day," front Halifax. She has dite. patches from Adipiral COCHRANE, in the West Ins dies, which are forwarded to the Secretary of State at Washington. The Columbine remains at anchor within the. Hook: TRIAL OF MR. BURR. • RICHMOND, VIRGINIA, AUG. '31.--The Chief • lustice 'delivered - the opinion of the COurt, to the Motion made by the ,Counsel of - Colonel • turr, to exclude all otber'eVidence' from the consi deration of the Jury,, as irrelevant upcin the india- . them' ;• the result of tvhich Opinion Was, that' under the partichlar circumstances of the case, as detailed 1 . in the evidence alitadirgiVen, no further testitilony. - could' be relevant. 'At` the re best of Mri Hay (who wished tittle to ciinsideir as' to the.tdurse which it would he prOper for tie Cot:lnset - On the' part Of the Viii?ed States-to pursui), the CoUrt adjourned until to-morrow. ' • " ' BURR NOT . GUILTY OF TREk:3ON,. .SEPT. t.--Mr. Hay *observed,: that' tile opinion delivered to the Conn on Yeaterchty, had been -ma. •!' turely considered by. the Couusel athe United States, the result of which was, that l haernothino fur !her to Qtler to this Jury, eithero r ° af evidence or •• meta. The Jury then retired, And alley an absence. of , 20 minutes, returned a Verdia in these " We, of the Jury, find that . Aaron Burr- is not to be guilty under this indielment, by any. evidence submitted to us. We, therefore, find him 11 tot . . • • • This form of -verdiet was obje6tetl burr, and his Counsel., who insisted dist it shoulti be in the .usual form, sicrtply, ,Not Hay contended; that the Jury had right -to fuhd their verdi& in this form, -.&c,--One. of the-Jury.... Observed, „that if he were sent out again he await not agree to return a verdia in any other. form ;. • and if he were to answer , orenus,he should use the. • very same words. The Chief Justice said, ,the Court should . not releet it ;, because, it was a full answer to what was given in charge. . . • Col. •Bur observed,, that he should, not more. for his discharge till tomorrow; and that if any objection should' occur to that course ] it, might novf be made. The Court adjourned until to-morrow when.the.. Counsel for the United• States will determine upop the course to be pursued - with resped to Col.' Burt. PrevioLis •to the adjournment, however, General Jonathan Dayton appeared in Court to 'answer the indiament found against him by t h Grand Jury for• treason and misdemeanor. Ho entered into bail in the sum- of 10,000 . dollars, and Mr. Williamson and Mr. Martin entered, as his sureties in the recognizance. • . i On Thurs:lay night last, at his house in llpper Eaton. stv.:et, GroSvenor.place, the Lady of /lasting* Nathaniel blid:iicton, Esq. of a Son. r I MAR 0-!,fill (N.-Tuesday, at. Eatdisley, in Herefordshire. tho J 4°P " Martin Anyiilett, Vicar of lthjall. iri ~the County ofrl(6t lanit„ to ikiiss 11uurtie, of 1 - lerktford, daughter of the late Kti• john Bourne, 1). D. • On , Thursa.,y morning, at Castle Ashby,' in !Corr loan; tonshire, the seat u t th e Earl olNorthampron, the lion. ap , Rev. Frederic Powys, to tvlis Gould, :,i,ter to Lord Greie of kuthen, amtgrJod-d aug h ter to the late Earl qt S3Sbeli.. On the isth lust the Rev. li. Hewlett, relloW aE Pembroke Kull, Cambridge,- to Miss Isr.alle, of Wilms' bury, Kent.. DIED. „,.. . . ~ Yesterday morning, ' at his house in St. Jainees Wa” Cietkenwell, George Friend, Esq. On Aluialay last, at kdmond CAStIC • near ,Carlisle, ag e 91, TilUlli43 Graham, EN. fattier of b lah Les I...;•rahatn, L : sq' hl. P. On the 6th inst. at Port Duntlas, in the 2.6 th year of 11i age, Mr. laui‘.l M•Ketme a c4tehratea Performer on to" - Union Pipe's. A Ott the slat inst. at her son's house in Warwickshire, N. ts Wilson, of Edwarkt..strect, bath, widow of the laic W• Wil. son Lsq. Lately, i at Lanark, aged $B, , fames , Wilson. tolm ll6/l at iti called 14..ingson, the Well-Known companion vt all classed 7 - a guide td inc iiiiiS Of the Clyde. - PR ICE' OF STOCKS • Irsul'AaDAy. hank Stock, li,,tia Stock, Navy i pet Cent §6kl' , .Itutia isotuts, 11. dat. p r . • f , 5 per Cent. 1797, .-- Exchequer. ittlks„- 11 , 4*. trnibi per Cent. I par,. 23. pr. , ' 4 per Lent. 75 i 79 i 75 Ornnium, - c, idpi. - , 5 per Cent. Kcd. 61 j i i . Deerred Mock. ; per Cent Gm 62.. i k* Imperil:ll 3 : er Cent thank t.. Ann 17 7 . oins L i. r ...tttO Ann. Ditto Short Ann. - Con. fur No?. 6 ;1 ; I ~... ....---- HIGH WATER AT LoupoN krawaL 0 min. after 3.lWlWAiternoon, 'is min, Ofitcr Morning, p min. after-3. MON I f)AY Afternoon, 4 6 m in. a fter . • on.street, C;rnsvenor-squire;