The Sun. — London, England, 1805-12-26 00:00:00

P they approached . • • us near When the wegher , eleared. •I considered that their force was eighteen sail of the line, and seven or eight others. • • Q. Will you. have the goodness to state to the Court all the 'circumstances that came within your knowledge and observation, respecting the British' Fleet and the Combined Fleet, from the time you came in sight of the enemy, on the 23d of July, till yriu lost sight of them on the following day ?---A. When the day ad;. , ,anced, the British van bore up to Join the Admiral, and soon after the Fleet wore and ran 'to leeward, till we joined the Malta and Thun dorer with the prizes, when we hauled our wind, wilt the Main4op-sail to the mast. The enemy had come down towards us, and the .British Meet had chewed their colours, but about the time of our hauling "our :wind, they hatiled their's. We were not in any order of sailing or of battle, and therefore , . we sometimes had our main-top-sail full, .or kept it aback, to keep such distance from the Admiral asl thought he would approve. A leok-out frigate front the enemy liaing come down to reconnoitre, in the coarse of the tbrenoon, the, Triumph was sent to Chace her, and after Wards lay to between the two 11 eets• The Dragon, Was Sent to take-the Windsor vlstle in tow. About noon the enemy, I think, bore for north-west by north . to west and by north; the wind was north-West and by north, according to • my idea: the logs will better state it with accuracy. The crippled ships stood on on the larboard tack, audit appeared to me that the Admiral's obje& was . to keep company with them. The .enemy some tes,durin the day, besides the•timer before men— ' tire'''. bare ,in. ill tine .of battle; • and then hauled r Wind, not , approac hin g us; I believe, nearer than four leagues, or being farther than six from us, t ßee ping nearly in the.sathe tine of bearing. About i • dnigtit several * guns were heard in the direCtion where the enemy northward, thee was, when the wind shifted to the Lcatne to the eastward of north, and : \ t v 44 .Y-light i n t h e morning they *ere seen steering cI Y a bOin south-east. I.de not remember seeing there fivers the deck any part of the day, therefore can only speak of their bearing from the report of such Officers as I .sent up to look after them, who t ° . A ? me, they kept receding from us, till about she 0 clock, when I •understood they could be no longer from the Glory. About eight, the British Fleet ' `a:) ri te with their h e ad t o th e north-west the wind, a le daY'advanced, had come more round to the -astward . . nt ,i,Was a sig na l ma de f rom theVice-Admiralisship, 1 0 , u4c laY Etiorning, the 23d of July, and at what tt 7-\to.ask. what ships had occasion to lay by to re tittin;, A.signal was made to that efied, about the t i e : - our wearing i .1 do not recoiled the exa& Q ' What vas the answer from your ship? A. We i r k ver , e d in the negative, nor having occasion to. r" — Q• Pict tide British Beet, by going to lec 7 4,4'4rc,r increase their distance, from the enemy? en ,,'"eY Would have increased their distance if the Y' had lain to, but as they bore up in the man ner Z nave before stated, they came nearer `ox) us 41 ' they were at-day-light in the morning. " If tne British Fleet had 'gone on in the same 4 r 4 e, instead of steering a more ealsteey course, tr .,4 4 not the captured ships have been equally pro ?A. If the British Fleet bad kept their t 111( ' , they w ould not have afforded any:protection ° tile Captured ships, as they Weal' have drifted %it of si g ht ; we did not steer precisely the same course throughout the' day ; sometitheswe sprung our guff'; the Alirniral hollletilUes bore dfrOwn to wards them, from their not being able to keep their kind ; but when the enemy vauntingly bore up, he Occasionally hailed his wind, and then edged, clown le near the prizes. I say vauntingly, because . the enemy might have brought us to action when they ehoSe, during the 234.. 4 3 the •crippled Ineati.the prizes, and :the' Windsor Castle, which Were in tow. 'The Dragon had ate lArindior Castle, and the frigates , tho pries.. Q. COuld the two frigates, have.secured the cap tured ships, and, thereby left the Thunderer and INlalta at liberty to join the fleet ? , —A. The Thun- Ilerer a n d Malta did join the fleet when we forin ed a junetion with the prizes. Q. Considering the wind,and the relative situation 4 t * the two fleets, during.the day of the 23d, could the ' British Fleet have neared the enemy, and re -I);ewed the a&ion .?—A. That is mere matter of opi -11°.1.1. It is' impossible for tile say whether we Moul d hav e neare d the enemy's fleet or-not ;we did lay. our heads towards them. have before nientioneft my belief, that - the wind was N. W. 1 ?y N. on the vad, and that the enemy,bore from •w • toW, and by N. consequently we coul d n ot la" fetche d them on any part of the 23d, if they had cho'sen.io avoid us , 1 mean by going a contrary track.' . • . Did the V i ce-Admiral make any signal or „1, ew any dispositio nto endeavour ut , rew the ac tion on that day ? A. I have before stated , that it a!)3Peared me the Admiral's-01*a was 'to .keep c tn PanY with the cri .d hips on' that day, and I pp s saw no oth er signal indicative of a, disposition to re new th e corn , D aty after he asked if aity o f his . ships `wanted to l ay to. Q. Did the Vi ce -Admiral takv any St 9, to floe& the 2 ,„British fleet to bear up after the-Pi:ferny: on the ii.;; rn " The British Fleet . coutinnetrstanding the enemy till the time I havetefore mention ed that we wore. ,_ O . Could the British . Fleet have pursued the et "cmy with advantage on the 24th, hey bearing 6 uthwarci and eastward, and the win 0 north and by east ? " - -A I i ec . d o not know any objettion to the . British t ,_ tollowing the enemy, if the Admiral had nought proper to do so. • Q . Did the Vice-Admiral at any. time, on 'the 24 chew any disposition to rent the salon ?-- A think that question answered by the preceding; wesontinued steering from the. enemy. a Did the Vice-Admiral, from your remarks nd observations do all he might have done between the 23d o f s iJuly at day-light, and the time you lost of the enemy, to renew the engagement, ana to take or destroy every ship which itwas his ,to engage ? A. We never attempted 'to renew 42 (1 . or lay our . heads towards the enemy. ; , I hav e sa id b t f ora, i t appeare d to me the Ad "rails ()Ned was to cover the crippled ships. Cmse-examined by the ana l % • At the time the British Fleet bore down to the "IPPied ships, iu what state was tlw Windbor Castle ? .A. - Slieliveared to have Idst her fore 40pinakt; acrd not able to make sail. •Q. What atinir ships of the British Fleet wore unable to' keep echnpany with the Vice-Adaiitil, had he endnvoured to bring the.Eneiny to• a.ctiOn ? m—A. I do not 'know that any ostler ship was cli abled. • Q. From the 'e3d to tile 25th, what other snips were not able to give him succour ?—A. I do not know of any other ship being disabled. Cross-examined ty Admiral CALDER. Q. Under what sail and at what rate did we edge down to the crippled ships on the morning of the tad ?—A. I believe the body of the fleet under their three topsails..., (.1,. What rate of sailing ?—A. I do not know ; the log will tell. Q. Was there not a heavy swell, and so, little wind in the morning of the 24th, so much so, that I made the signal for sailing in open order ?—A. There was a considerable - swell, but I do not re collea the signal. I think there was little wind in the early part of the day. Q. Were, you acquainted . with the returns which had been made of the damages the squadion had received at sea ?—A. No. Q. Were you acquainted with the orders under which I aged? A. No.—Q. What force had the enemy at Rochefirt when you left it to put yourself under my command A. From xeport, one three decker, two 80 gun ships, three 74's, and some smaller vessels, Q.. Do you mean to say no frigates; whether two or three friwates? A. I do not Lwow ; there were several smaller vessels. 0. On what day was that ? A. I believe my order to put myself under Sir Ron>✓ar's cominand was on the 16th July. Recolle& yourself; I believe you came under my command on the 15th ? A. It was so : it was three days before I joined you that I received the order : it must have been the 12th. q. In what state did you leave the rtochefort Squadron ?—A. I. understood they were ready for sea, and meant to take the first opportunity of push ing out, and the signalhad been made to nie on that morning, the morning I left them, that the enemy was moving. Q. Had those ships been frequently under sail during the time you was off Rochetbrt ?—A. 1 know no other time but that day. • Q. They were under sail ?—A. Some of them were : I did not see them ; it was mere report. Captain. FLEMING'S signal that they were moving was by telegraph. I ran down nearer with - the, Squadron, and found thearat anchor again. q, • Could they have put to sea with the wind with which you came to me ?- A. Certainly. • Q. Have you since learnt they did put to sea on or about the 18th July ; or at what other time ? A. Yes, I understood. they put to sea about that time ; but I know not the-precise date. Q.. Did you receive a letter from, me on service after the action ? A. Yes ; I hail two letters from Sir ROBERT CALDER, after the aaiun, of aliment dates. . . Q. Did the first give you any reasons for sending to the northward with the Windsor. Castle and Pre cious 1--A. I can produce the letter (the letter was produced and read, it was 'dated Prim of Wales, 24th July) s' the Adtniral begged he might be per mhted to return thanks to Admira.LSTIRLLO for his unremitted attention to the service, and the gallant support he had given him during the whole action. Had the weather been favourable, and they could have seen the signals, so,as to have availed them selves of the mistakes of •the Enemy, they should . have Captured more of their ships. He added, that he was going to Cape Finisterre to meet Lord NELSON, and concert measures with him fOr attack , ing the Corabined Fleet. . Q. Is :this the answer to that letter It is not an answer, to that letter, .bnt.was'written in reply I I sent by the same conveyance a letter to the Vice- Admiral, on public service. I should not have writ ten such a letter to my Commander if it bad been on public service; it was a private.letter. The cut ter brought me that letter. • , It «asp,roduced and read. It began by thanking Admiral CALDER for ; his letter, and stated that he meant to givehim all the support in his power. It stated Admir:ll, STIRLING'S hope that Ath CAL.. - nEa bad got a good tale, for John Bull, who could not but ,be ; pleased that he had taken two ships from a superior force. I believe that letter was sent to the Admiral on the 25th, and I had the honour t o wa i t u p on hini in the afternoon by his permission, and to the, beit of my iecollalion, that was my reason for not re turning an official answer. Ido not remember any other communication with . the Admiral from about midnight of the 22d. After some conversation, another letter from Ad miral STIRLING was read.. It was dated 24th July, and congratulated him en the capture of two ships of the line from a force so superior. He' thought that if the three ships Which spewed a disposition 'to support them had followed their inteation, 'the consequeuees might have been decisive. Did I not always place the squadrombetWeen the squadron of the cnetny and the Windsor Castle and captured ships; When in tow by our ships The British Fleet was always between theist. Q. Wan not the English Squadron always placed by ma between the enemy and the port of Ferrol cis long as -the enemy remained in sight ?—A. The British Fleet was nearer to Ferrol than, the enemy till they crossed our stern on' the 24th. • a When they crossed our stern; could they have fetched Ferrol I don't think they could. By the Court.—What distance was the British Fleet from. Rochefort the morning after the a6tion ? —I do not know, the chart will tell'. I reeelleo by the Master's reckoning. • By the Master's reckoning we were long. 44. 13 and about 39 leagues N. W. from Cape Finisterre. • Mum/ CRADDOCK, the Master of 'the Glory, sworn. Q. What was the dietance of the British Fleet on the 23d and 24th July last from the Ports of Ferrol and Rochefort On the 23d July, at noon, to the best of my remembrance, Cape Finihterre bore the nearest; the difference will be very Jule. It bore about 39 leagues south-east by east. Ferrol much the satte distance. It might be about three leagues snore. I cannot say the distance:of Rochefort with out a chart. Q. Po.you know the Port of Ferrol ?--A. Yes, in aid havind ptin of tlte Lir Cara air c-r,;:"Auy's ship come out - nf that porp frith it wind at north;'-or any wind that y'ott lia hvt44-ecn the time. of the,l!&ion and Wednesday', th 4 24th, at I ha* recolleet the wad a 8 p: ni. Itrkfi the . kvind at N.N:W they could not, in my opinion, and -I hardly suppose they - could Mai the wind at north. Admiral C+LnEtt.--7-I never, can . ask that Gentle= man any questions. 'Admiral George Martin szeWrn. Be so good as to state all the circumstances ; &c; (See the question as put to Admiral STIRLING). A. Not having made any Minutes, or expeEting to be called on before a Court-Martial, I do not feel mp. self prepared to relate a narrative; or answer the question. I left the Barfleur on account of ill health, and am not prepared. State as many fads. as you can. , —(l.:Was a signal made from the , Vice-Admiral's ship':on Tuesday morning, July 23, and at what hour, ,to ask Anat ships had occasion to lay by to refit The signal was made generally.—Q: At what time I cannot say, early in the morning. —Q. What was the answer from yonr ship ?—A.I the nega tive, that I did not 'require to lay to What was the relative situation of the two fleets on Tues day, the e3d,. at day-hreak,?,--A. 'At day-break, on Tuesday, the 23d, the Barfieur was five miles , to leeward of the enemy, and nearly five miles to the 'windward . iof the fleet; the Barfieur,' Hero, 'Tri- . _Umph, and,. I think, Agamemnon, were about mid waybetween the two flects.—Q.. How was the wind . at that time ?—A. I think about West North-West, from N.W. to N'. What course Were the two fleets then steering The two fleets were standing on the larboard tack, the precise course I do not recoiled. The Malta and some other ship Were to leeward with the prizes, and were not seen by us till 'the fbllowing morning, about eight o'clock of the 23d.—Q. Did the British Fleet alter their coarse by sailing from the wind more to the. East ward, thereby increasing their distance from the enemy ?—A. Upon a signal being made by one of the ships of the squadron, when I do not recolleEt, the Malta and prizes to lee Ward, the British Fleet bore up to close them. A. Conidering the wind, and the relative situa tion of the two fleets on the 23d July, cynic' the British Fleet have neared the enemy and renewed the engagement The enemy being rather abaft the beam, the British Fleet naturally would have neared them had they tacked, bat whether they would have renewed the engagement 'I cannot say, that must in a great measure have depended on the enemy. • • Q. Did the Vice-Admiral mako any signal or shew any disposition to renew the action on that day ?—A. No. Q. Were •the lights' of the enemy's fiect seen at any time:daring the night of the 2aci In the early.part of the evening .they were; just when I. I. twil tiny weN not reported to me as having been Wen . • Sir Robert Calder. I admit I did not show any disposition to do so, except by hauling the wind when I saw them bear ing down, as by doing so I roust have separated my self frcim the crippled Q. At d:ty-light on the ;: , ith what was the rela tive 'situation of tht., two fleets, and how was the wind ?—A. Very'moderatc, nearly calm ; at seven or eight o'clock in the morning a breeze sprung up from the North North-East, which brought the ene my a little on the quarter, at that time a considera ble distance orf, the whole of the fleet not being in sight from the deck. . O. Did the enemy on the morning of the e4th, and at what hour, bear away to the Southward and Eastward I cannot say the precise hour, the enemy bore away, but their heads were to the . South East, and they did not appear dose to the Q. Could the British Fleet have pursued the ene my an the 24th with a prospeA of advantage ?—A. Every ship but the Windsor Castle appeared to me to i,e in a situation. I can only speak from appear ances, not basing an opportunity of knowing their internal situation* Q. Did the Vice-Adinir p l, at any time on the 24th, slim. any disposition to renew , the enagage ment 7—Admiral Calder—l did not, for reasons which I will hereafter state. U. Did , the Vice Admiral, from your remarks and observations, do all he might have done, be tween the 23d of July at day-light, and the time you lust sight of the enemy, to renew the engagement, and to take or destroy every ship which it was his' duty to engage I consider that I have already answered, that the Vice Admiral never did stand to \\lir:ls the enemy on either of those days. Cross-examined ly Admiral Guider. Q. Did the enemy ever chace or make any attempt to farce me to an adion either on the 23d or U•tth of fitly ?—.A. The enemy bore up shortly after noon, on the day of the 93d, as I then thought, to renew, the engagement, but by their hauling to the wind again as soon as they closed with the leeward ship, 1 believelt was only intended for that purpose. Q. Did I keep my wind when the eneroy bore down ?—A. Yes, I observed you haul to the NNind when the enemy bore down Q. Was there lot a swell, and so little wind, that I gave the signal to keep the ships in open order ?—A. I have already mentioned there was little wind, and I do reeollea the signal to keep open order. Q. Could I have pursued the enemy on the 24th without separating the rest of the squadron from the Windsor Castle and prizes and frigates ?—A. Cer tainly not without separating them from the prizes; and not under a press of sail without separating from the Windsor Castle. Q. Did I not always place,the squadron between that of the enemy and the Windsor Castle, and the prizes in tow by our ships ?—A. It appeared to me to be the intention of Sir. ROBERT CALDER, from the time of the aaion, to keep company with them till they separated by signal. Q. Was not the English Squadron always placed by cue between that of the enemy and the, Port of Ferrol, as Bing. as the enemy remained in sight ? A. We certainly wore between them ; it did not appear to me that any particular situation was chosen. araiititi?eti fir't Cl.'.You bairn said that an enemy could not corre out of Ferrol with Ut N. N. W. wind : Amu Lnow 140 W the wild was th the 24th ?-•=the neSs refoned tO the log. It 4ppeln , it was at N.N.E. From eight A. M. to eight P.Ni. it W 34 &OW N.N.E. to NT. E. lohld in enemy's ship have come opt of Fer= rol with a wind from North North East to North East ?—A. They could at North East but, to thv bestof my judgment, it would be attendedwith some difficulty at N. N. E. Captain Philip Charles Ditr Q. Was you' ordered to reconnoitre the' - enemy's fleet, and to observe their motions, on the 24th of July was. Q. At what time tween six and seven. Q. Did you at any time make a signal to the Vice Admiral to ask if you should keep tho enemy's Beet in stght ?---A. I At what time ?-=•-•-A. About six,or beiv;•een five and six hi the evening. It was in the 'afternoon, after fair o'clock. Q. Was you to windward of the enemy's feet at that time ? By the Court. Q. When you last saw the enemy's fleet, under what sail were they standing, acd what course were they steering ?—A. They were under their top sails, top-gallant sails, and throngs, in general steer ing S. E. and by S.—Q. How did the liritish moat then bear from the enemy ?—The vnerny bore about S. S. W. of me, and the Admiral nearly N. or N. E. and bcr E. Q. At the time you returned to the British Fleet, under what sail were they standing, and what course .werothey Steering ?—A, They were stming' by the wind upon the larboard' taa, 1 should suppose about S. E. and by E. What sail were they under \I hen you return ed. I think under topsail and forezail ; whenf returned to the fleet we lay about S. E. Q. What distance, were you at that time from Ferrol by your rearming When I made.,the signal, snail I keep sight,of the enemy, we were 12,5 miles from Ferrol, as near as a seaman can reckon. Q. Do yon recollea the bearings of Ferrol at tint titue ?—A. 111 recollea right, abut S. E. by orb. pass. Q. When you returned to the fleet, • dc, you reool leE *bat ships of the British Fleet appeared to you to be in a disabled state ?- 7 .A. The Vv:::‘!sor Castle had no fore-top-mast up, no ether ship appl. , !_tred tp me to want any thing. R. What ships, had the prizes in towat that time? —A. I think the.Egyptienne and SiriuS ft:gates. can' ask Captain ptlanAkt no qUestions what e v er; I b eg l eave to observe that ty , the Court. Captain' Irenry Inman ,Il'OT7l Q. Wa you at fitly time on thy.. .t.l? , 1 or 24th of July ordered by the Vice-Acimird, to reconnoitre the enemy's fleet ?—A. o ; it was to dace a frigate. Q. Was you ordered at any, tithe t,il;we a fri gate of the enemy that appeartlid to be rc.,;Onnoiter ing ?-A. Yes. On the morning of the Q3d, be tween nitlQ and ten, . my signal "w:is madc. to tuck and thee a French frigate reconnoitering, abcalt thrk..e or four miles to windward, abaft the b 6.410. • U. :What motions did you ohit'erve of the ; enemy's fleet ?—A. Therwere in line Of battle to windward of this frigate, on our veather beam, abour three or four miles, opparently rvairiug their damages, and 'heisting up, topsails. , Q. bid you obqerva what damages Yes. Q. State to the Gran what damages I will, to the best of Inv reeolleaion : one of the ships'irk the rear appeared to have the bead of her bowsprit gone, and apparently in tow of another ; a second with her fore-yard down, and fore-top-gallant mast; another with her top-sail-yard down, and three or four ere ships shifting, top-sails during ,the tim e I lay. th. Q. ,Was the Situation you have juiAt described re ported to the :Vice-Admiral No not till taro or three days after the business \vas oyer.---Q. Was any signal made by the Vice-Admiral to know the si tuation of the enemy's fleet ?—A. No. By Admiral. Calder. Q. Was your ship in danger of carrying away tt ma sts on th e 23d ofjuly, when ,maleyou a signal to dace the French frigate then Tecounditering the squadron I—A. Yes ; and I very. much wonder th e mainmast did not go the bowsprit might also be very badly wounded,- and 'the tbremast being also sprung, though fished.—Q., Did you report this to me when you earne on board the Prince of WalCi A. Yes, seine few.days afikrwards. Q. Was you obliged to leave the Admiral aft( T, wards to relieve - Admiral - S. and go into port Three Carpenters declared the inain.ina.st to be sate: to Carry a top-mta i t, o n 'which Admtral Stirling ordered meinto port, where the fore.7mast, and bowsprit, were. shifted. Q. Was the English Squadron always kept by me between that of t4e enemy. and - the port of Ferrol, as long as the enemy Were in sight ?—A. yoL By Me Court; Q. Did you make the signal of inability when you MI6 ordered to chase the frigate ?—A. ; 1 did not consider it.a time to tnake a signal of ditre.3H or inability. . a Captain DITEHAM was called to correa some part of his evidence with respea to bearings. Mr. Bi cxNELL, the Solicitor to the ,Adcairalty, said be had closed all the evidence he had to otlim for the prosecution, The Court immediately ad journed till next day. SECOND DitY—D&c.l4. The Court assembled at ten o'clock, when Sir ROBERT CALDER, addressing the President, said, that not conceiving the evident.: for the Prosecution would have closed so early as it had done, he had not had sufficient time to prepare his defence in the war in which he wished to present it to the Court, tie therefore hoped for their indulgenee, and assured the Court he should be ready to.morrow, • The PRESIDENT observed, that the Court was clis. posed to grant every inclulganee in their pow c .r,.— They would consequently aij,:urn tC-tnoreow at ten. Admiral CALDER asked if it wa the inteacion.of the Court- to proceed on Chrism) Is•Lhiy ? Admiral 1 40NTAGu,--Yes, Idu co:L.11111y. I dc, not fuel that the Service will admit of any I_,lfw