The British Press; or, Morning Literary Advertiser.
London, England, 1807-10-17 00:00:00

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5r071.4.

1--y

COWRY MARTIAL AT HALIFAX IN

Minutes of the Proteredirots of a Court Martial assembled and
held on hoard His Majesty'. shop Belteide, In Halifax Har-
bour. fi•rea Scotia, on Wednesday, 24th August, 1 301, to
ky Jenicin it•iford, of His Majesty's ship Halifax, tor mo-
tley, de,ertion, and contempt, as set forth tit a kit,
froes her Commander, the Right Honourable Lord J.itorb
Townstiend PRP:SENT :
Thai Honourable Sir Alexander Cochrane, K. II Rear Arlen.
rah of the White, and Second Officer in the Coiumai.4 at
Halifax, l"esident

CAPTAINS,
Francis Pic• %gore JON u ErAin* Douglas
'WI Cnarles Fahie Philip Bearer
Renard Hawker Nathaniel Doy Cochrane;

Being all the Captains of the rank of P'st at this
place. On the Court assembling. at half past ten
o'clock—the prisoner being brought forward, the
evidence called ewer, and audience acnived, read
the order addressed to M.. President from the Horn.

George Cranfield Berkeley, Vice-Admiral of the
White, and Command-v. in Chief at HaWax, Nova
Scotia, ac. d.ted the 25th or August, and the Pre.
si.icnesler to the Judge Advocate to officiate as
suc'i, when the Members and Judge Advocate were
severally sworn, agreeably to Ad of Parliament ;
me.l the following letter, containing the charges
against ti.e pi-limier, read:

His %Tslestes sloop Halifax,
Halifax Haricri,, I.sth August, 1507.
St R —I beg leave to repte,ent to you, that the five
sten named in the margin •, belonging to His Ma-
jesty's sloop lialsfar. under my command. when
sent with a petty officer in the jelly-best, in Hamp-
ton Roads. on the 7th of March last, to weigh a
kedge anchor, which had been previously dropped
for the purpose of swinging the ship by, taking the
advantage of the dusk of the evening, mutinied upon
the petty (Acct., some of them threatening to war& r
him, but. the rat interfe•inly. they desisted ; how-
ever, taking the boat under their owe command,
they suz.ceedti in deserting, by landing at Jewel's
Point.

whole of the above-mention,d deserter,, I
have since been informed, entered on board the
United States' to igate Gib sapenk, and were seen by
me, and several of my otSc!ts, parading the streets
of Norfolk. in triumph, under the American flag.
A few days after the desertion. I accosted one of
l':ese men, Henry Saunders, asking the reason of
his d. setting ? received for answer, that he did
.t intend it,iy thing of the kind, but was campeled
by the rest to aswsi, and would embrace the Gist
opportunity of returning—At that moment. Jenkin
Battord, one of the said deserters, coming up, took
theaTm of the tad Healy Saundei6. declaring with
an oath, that neither he, oe any of the rest of the
deserters, should rztura to this ship, 'and. with a
contemptuous gesture. told me. he was re the land
at liber.y, and instantly dragled the said Henry
Saunders away.
rindi,,g that my expestulating any longer would
not only br useless in Ilbtair,b.g ore desert r.. hut in
all probabilay suave co:ll6.Eu . :i.ob of .-kmertcal.s,
Who, Da doubt, would bAirt pruceeded to steps ot
violence. I instantly repaired to the house of C.alonsl
Hamilton. the British Consul them, and related
every circumstance which occurred. and applied to
him. as also to Lieut. Sinclair, of the rendezvous fur
oi.Un4c4l States' sere:ce, to recover the said des
eititers. bat without effea.

Doing since informed that JetJcin Ratford fi as
been recovered, an aBion, cn board the [Anted
States' frigate t'lrs.iapsak, with His firitannic
Ma-
jcsty's ship Leopard, and now a prisoner on board
Hat Moj-sty's ship Bellsove, I have to 'request you
will be pleased to dised a Cum t-Martial may be as-
sembled for the purpose t f ti yin& the said Jenkin
Raiford, for the within mentioned charges of Ma-
nag, Deur:ia,r, and Goatempt.
1 have the honour to remain, Sir,
Your most obedient humble servant.
J. Townsman is.
To the Hon. G C. Rerkehry. V.ce•Admiral
of the White, and C•utesander iu Chief,
&c. Hahfaa, N N.
The eviciccce were then witbdi awn, and the Right
1-Icin. Lord James 'fownshend sworn.
(.4 Relate to the Court what come. withni your knowledge
at toe charges 'gains' the Rattner 1-. A. At the time of we
I'meac',deterthtg.l wet sou Wird the Mermaid ; wt irearii.g
a trig musketry kept up trots the ship, about six o'clock,
in the cs.aing of the 7th et March, riliausediaurty tetunied mt
heard t when Lieutenant Carter Wormed me that five Melt
hod mon '.lr. Turner, Alidahiprnau, and dawned with the
jolly beat. The next murning I seat Lieutenant Aliasters to
Norfolk, to acqaamt Captain Hullis and the /Ranh Consul of
the desertion of the men ,• on his return, he oriented to one
that he had teen 1101%e of them, one in panwulsr, Richairl
Hubert, patading the streets with the American h.K, then Re-
cruiting ter the thesaprak. I then west up myielf to Not-
folk, and mold the Roush Consul—awl lupin:, that the meat
had sneered ter the Chesapeak, I applied is Lieutenant Sin.
eleir, who wag entering men fur her; end received fur mower,
that there were we men intend for them by the newest gave ;
but if any dew nen had entered, I toot apply to the Magis.
elates , which I did through the Cisterol, who. I believe, applied
le the Ma) or and Civil Power. I also andied to Captain
Llecitur, who seterred me 10 Lieutenant Sinclair t but 1 lent
with no suety.* in recovering the men. I met the Prisoner,
with Sauer's.% the hostswaites mate, aver nay application, and
waked them the reason they did not return to the ship l
Iliesierlos said, he weak! ; and laserodeetely went with rue
anent twenty yards ; when the Prisoner lard hold of his arm,
and said he would be d—rl if he should return to the
that he was in the land of hbertythat hr would du as he
liked—and that I had on bunness with film. Ibe Psissitier
was very abuir.e—ihe words I du ant tecoll.te.
Q. W hat answer dot Lieutenant Sinclair make to you the
ereond time sun applied to horn?—A. The same as b-fore. I
offered to ;rant out the met, it lie ilined idleer me t.i ge lath
reiroceniu.„ to • loch he r ii-d no atower. I saw
owns or roe eewriers at the 144/11C1roUS I the prisoner was nut
•niurie teem _

Q. WV 11, ,t•i,onet alstesivo t %ou personally, or teas the
abuse potent Chiefly perpetual.
Q. by L).d you not semi a gentlaDan to call me
nut of tho house ) es.

Q. DA 1 not coatis out it the •eme time. and stand at
sl.uristert's back, all the rim. y.. 0 were talkolg to him ?—A.
You Came lOW MO •Iteet /1110111 tour Mlllntr, alter Setuoriers.
The evidence now commenced for the prosecu-
tion and Lieutenant rheum's %%Fria Carter (first)
of the Marfa:. was sworn.
Q. Relate w►et you boo. tospecting the charges against
the prio.nrr 1 A. On the :ill nt Moral tint. about sue oclock
theearoin(, bow, Coananoorloag 1)4..rr, 1 tent the
',eat, truth Mr. Tunica, sool.hspertaat, sod ire/urn, to wt ggh
the aerie.. aoeh•.r, which but heels wed out tit( swinging Ills
'Lip. Trim stern a h..' tsam there. I hailed them (thee, to
Lion what toes weir about' they asswered, getting else
tackle on board. short tint., after. the Quarter-Mestera
c thought they sees pinion away; hso
,ga,..g a fire of mitetteety on them. rho
:1, I directed some real guns to be
t but the bet being newly out of
-- -
flsnty
Saunders Jet.kui Retro/11a C:eo.

_

tight, owing to the dusk, and • tower bclongi•n to Melia'
lona, 1111111ediatior in her •ake, I am ob;iged to dosii.t &Mg,
1111 i saw no mere of her. As MINI as the firing cored, o an•-
ter of the ship's company was made, when I found that the
prisoner, with the other men named in the charge, bad de-
serted. Iwo or three rll,s alter, the petty officer returned,
and reported lie had bc..n run away with by time crew.

The primmer having no question to ask, this evi-
dence - withdrew ; anti
Mr. Robert Turner, Midshipman, of the !Wiz,
called in, and sworn.
Q. Relate to the Court what yon know reveling the
charges stolen the Prisoner? A. Un the evening of the 7th
of March, I was oeured by the First Lieutenant tog. into the
jolly beat, and weigh kedge anchor; the Prisoner was one in
the boat, with Hill. Minn, Hubert, and Henry Saunders;
after we had shoved off from the ship and gut bold of the
kedge hawser, and the anchor up to the bows, it came on to
rain very mad the weather being thick, the men took the
beat frum me; when I hailed the ship repeatedl), until sr,
kticestby Hill, who threatened if I hailed the ship any an.ire
he would knot kmy bunny out, and toner me oveiboard. 11111
said if it le.d been Mr. hi• Gery in the boat initial ui tilb, he
would have unreel hit hide, and Uneaten to uverboard. 'the
instant the beat landed at !jewel** Point, titer all jumped nut
and left me in her. Saunders, I think, would nave returned,
if he had nut been threatened to have his brains knocked out
I do not know if by th.. Pri.oner in particular; it was ant-mcid
then. After binistig, I s.se nothing of the seen until Mos.-
day, two dart alter, whets I see tug P4seasot at Nor folk, with
e number of men who huh entered into the American ser-
vice. Out Tuesday I met Lend Tuwiashend, and isiturined him
of the circomitances ; shortly alter saw the Prisoner and Sault-
derilLord Tstwitelsend speaking us them, and telling them that
if they wsneld return to the ship he would forgive them.
Saunders emit. the aa of ening d.swit to the Bonin Content'.
with the Primner sail; it he attempted to return to the
;Lip, sf he was nut aisle hini:ed, he would get inure hands to
amen in cutting has bloody guts out.
Q. hr Praracutor. Dad it not appear to you that the whole
time I was in conversation with Saunders, end the Prismier,
this latter was very abusive He wet.
Q. 174 the dr-tot,-ts cut the host adrift, and ahree her from
th, 'More, maksog you jump out up to your sesskile us water?
A. Alter landing, I was left in then lout, the painter wan Cut,
the b..at &sated off, and I jumped into the dater, and waded
ashore

Q Did you ots-ens the Prison► assist in rowing the boat,
abet it was taken bum !me! A. Ye., 1 did four mess were
raw ng, Saunders and renseir were settlers in the tern sheets.
Q. ny Prisoner. Did Sweiders go out 01 the stereo sheet. to
Lout tor kedge boa) ! A. He was smut of the stern sheets; but
lam sus 0.111111 it he had held "(Use haweer or nut.

The Plib4lfltt having no further questions to ask.
the evidence withdrew; and
Thomas llt.tiglats. Quarter•wa,ter of the Halifax.
called in and ►warn.

Q. Relate to the Court what you know respecting the
charges against the Prssower ! A. I had the watch on desk, I
think about ball past dye o'clock on the inetils g of the 7th of
Match. I was stan.ling on the statbitaid eangeo„ wlo-is the
et• a slippe I the Legge hawser, and got the oats mit. I wpm
immediately to the guo-rimm, •. d rerortad to I. eminent
I.:.iver that the bn.st wr. luring if from the ship. Hs mime
up liumedistely I basing gone be(ne and got the Ices o< the
arm chest oust of the binnacle du.,wey and took out the hint.
frets, with a eartioach box (the sews:el. mit.het n6t ;mug ell)
Lieutenant Caiter, Mr Smith, and nlysell, fired as long ae we
wo d temp sight of the host

Q U . you knoo tl.at the PAoacsor was one of this glen in
the WA ? A. 1 du.

The Prisoner having no questions to ask, the ewifte.,, e
tt it htt•rer ; and

Janus Manna', or the Halifax,:cared in and
lW

Q. Relate to the Court want you know respeelirg th.r
charger against the Prim. A. On the 711, of klatch,
about ma ,a the ire g, the Prisoner, and four ethic mei',
were sent to weigh the kedge so, bor. Soon atter it was re-
ported they had deserted. I went $.1% deck, and observed them
puilitig (torn the ship. They w• re fiied at torenl tunes, but
to tor elto.t. I was sent up to tinrfulk, the neat morning,
wit 1 • letter on serene; I saw ten of the deserters, but dot
not speak to them, one of them with the American are, and
the 'Misr roaming out of a putilie house; the Pawner was not
one of 'Lem. I know the rummer deserted on the 7th of
March f.om the ship.
The Prisoner haring no questions to ask, this evidence
withdrew; and
Mr. George Tincradabe, Master's Matt of the Melampos,
called in and sworn.

Q. Relate to tree Coto what you know respect nu the
charger ag.ottet the Prowler A I eas on bard the
pant on the :::41 of .I,ne, as a paAenger, and was 0rde...1 on
uteard the Chentpeak troth Lientehae ta 17alanst and (itts.e, io
'earth for deserters. Altar the hands wit. sent .en deck, I vres
ordered Whew, to search, 404 bound the riatonet on the coal.
hitt, ; he rat hr might on the quartee•deck, sod ',noon be
Mr. Preston, purser of the Leopard, as being dochargest heat
her to the lla

Q DA she !roomer den) Swine:es* to the H.difit P A.
He .aid he 'beset* American, and dtd not belong to the

Q On our going on board the Cheripeak, did you hear ant'
conversation that pined respecting iit,eireps, ehether they
ark nowlvdged or denied having any 1 A 'fee Ciptain of her
said, he did trot know 'Cry had any dine.te. s on board.
4 Dig the Prison-r rood en the Clietineak's bi.okv by his
present name, or by what other A. 1 think ►y the name
of %Winn

Q Presinusis Oath, aAi.in !Mose* the Leopard sod the
American tnyaiee you ktioe if there was soy eeerespond.
elite by utter, between Captain iiiim.htess and the Com-
mander of the L'lgt-sapeake to demand the &garters then uo
board A Yes.

Q. Dot you hear any thing that pakseit 'foe the corre-
poodenee betweets Capt. Huntetin.ys and the Che.aveak ! A.
I did hear Copt Humphreys am. Ommodore st,u
'must ter aerate lathe steeesnts 1 am mules of complying oitla
the coders of my Consouaudet.in-Coi•L He replied, yoa may
do a. you shwas

Q U d you understand that as a refusal to comply with
Capt. Ilumphrey's wish.. to have the English dvseitrra given
up fonn'the Climapeak to the Leopard 3 A. Yes.
Q. How long was it from the time M kist sending the heat
on hoard the Clirsapeak, until the atli.n comniencod 3 A.
1 he boat alai on board the Chempeak about th.ee quarters a
an hoer, when the signal was 1100441 fur bee freak the Lew-
pude sae returned in about ten thrums. after, with a ktter,
which Capt. Huitiplveys took into the cabin, and read; then
oiderad the guns tar be siimed, hied one gun athwart her
howi, and then hailed as before, to which a similar reply was
made: Capt. Ilumphreys then ordered the bre to commence,
beginning with the foremost gun 011 the lower deck, and gave
her shoot three bmarbi.les.

Q Were the crew of the Chesipenk mattered preview to
the finelse4 of Raped ie the ? A. No; not until
arta wards.

Q What ether threertere were taken out of E.e American
frigate' A Three belsorne to the MelarnPuc
Q. Were there many Eng'lshmen mustered on burl her
A. About twelve men burl buss
Q. Were any attune Enghshonen demanded, or any other
Mtn deranged, er taken out, excevt knooa deserters
A. No

Tim Pascoe, has ng no questions to ask, the eviJasce ith-
dm" ; saki

Mr Frederik Philips, Mithhipwrsn of the &Ilona sworn.
Q. %Vele you slams dun on L and the Leopard et the time
of the emit/vs...we between her aaa the American hipm Cite-
sepeak2 A. Yes.

Q. Relate to the Court wbat p.m know respe.ning the
ags.oist the Prisoner I A. When I went on MAO the
Chesaprek, I saw the Prisoner stsndoog, or I, and.„ ..gaunt
Vile .4 the es.roloadra on the quaoteroteck. I know he was
token net of the Cliesepeak to the Leopard.
The Poisoner having nu quedouns to ask, the evidence
withdrew iand
Mr. James Simpson Wells, Clerk of the Hslofax, called In
and sworn.—wHe predated the complete book of lb. 'Wass—.
swore to ,i,oomonesi, and, by d4eciern of taro Court, poiottd
out to the Judge Advocate, the Mc men, stated Loy the charge
to h.... deserted, which he did as fatless
Richard Hubert, mob:baker, born in Liverpool, &wand,
mod Vt.

Hem) Saunders, 'yeoman at the she:te, :born in G,eenock,
aged

Jesskin litathrd, otdinary, Isom in London, aged N.
Ge..rge captain of the •:.atu-top, bum In Kinsale,
age.t£7.

William Ilia, aide, born in Phila.!,:,.hia, aged 21—Littered
at Amogua.
Q Do you know the Primn.•r t,. be one of die men you
have now named. A. Yot, 1 do, L. tie nat,woliN11(111 Kat-
turd

Q [lave son ale rea r,l th to be
born In Lundell A 1 aniwk I sszt preient %hen Ins sit-soy.
11011 was Inkwy and lie gave Lie place of 1... With, LoutLAI,
himself.

The Prisoner having no que lions to ask, the evidence with-
drew; and
Mi Jdnaes Etaikte, Secretary to Vice-Admiral Berke*,
swan to the iellownis ituterir txu:l true t owes a liubillteul
to the Cwmoattdar•us Chief ; when they were read, lewd are
a. follow

TO JOHN ERSKINE DOUGLAS, ESQ
Caputo of Hu Majesty's .hip &lingo, and Sarno Officer,
Ac. &c. cfitt-yeak.
Hh Majesty'a .hip Leopard, at Sea, 224 June, 111:)7.
Sllt—ln obedience to your signal this morning, to
weigh and reconnoitre, S. E. try I hive the ho-
nour to acquaint you, that having arrived off Cape
Henry, to the distance of about lour or five leagues,
I bore up, pursuant to orders from the Commander
in Civet, to search for Deserters on board the United
States' frigate Chrsaprek. On arriving witlan hail,
an Officer was diipatehed according to my instruc-
tions, to thew the Order to her commander, together
with the following Note from myselt
"The Captain of His Britann'c Majesty's ship
Leope,d, has the honour to enclose the Captain of
the United States' frigate CAstepeak, on Order from
the Hon. Vice Admiral Berkeley. Commander in
Chief of His Majesty's ships on the North American
station, respeaing some deserters from the ships
(therein mentioned) under his command, and sup-
posed now so be serving as part of the crew of the
Cher, trek.

" ihe Captain of the Levin' will not ptemme
to say any thing in adifition to wiiat tie Corm:wader
in Chief has stated, more than to express an hope,
that evrry circumstance respeCting them may be
adjusted in such a manner, that the harmony suia-
sisting between the two countries may remain
undwurbed."

The boat. offer an absence of three quarters of an
how. returned with the following answer:
•' 1 know of no such men as you describe; the
officers that were en the recruiting service for this
ship were particularly instrv4ed by the Government
through me, not to enter any derserters from His
Britannic ti:..ijest;'s ships ; nor do I know id any
being brie. _

6. I au) also instruaed never to permit the crew
of any ship that I en:natant:4 to be mustered by any
other hut let own (Allem : it is my disposition to
preset ve liarinuny ; and I hope en; answer to your
dispatch will prove zattsiaeti,ry.
(Signed) "James B saints.
ci.nirti.iiiter of the TilsiSs.l States' ship, Che.wesk."
On the receipt of this letter, motives et humanity,
and an ardent desire to prevent bloodshed, induced
me it possible to endeavour to make the march, with-
out recurring to more serious measures, by repeat-
edly hai.ing and remonstrating, without eire:t. I
then direlted a shot to be fired across the how ; after
which he was again hailed, the answers again were
equally easier ; conceiving, thetefore, that my or-
ders would not admit of deviathei, l lament to state,
that I kit under the necessity of enforcing. them by
tiring into the United States' ship; a few shots were
returned, but none struck this ship—at tl:e expiration
of ten minutes from the first shot being fired, the
pendant and ensign of the Carselpei wete lowered.
then gave the riecessaty diredion for her being
searched, according to me instrudions, and herewith
send you a staterneid, of the nurnhee and names of
the &setter% found on board. Several ashes En-
gl;4l .e.jt:ts rompos..d pot of the crew of the fri-
gate, but as they did not claim the protellion of the
British flag, and acre not within the limits of my
orders from the Commander in Chief, I therefore
a:lowed them to remain.

Atter the search being made, and previous to se-
paration, the Captain sent qnc the annexed Note};
which, with m) Answer:, I have the honour to sult-
join ; and have the honour to be. Sir,
Your mo►t obei.dent humble servant,
S. P. Hoseruftetts,
Setjeant Richd. Frodsham, of the Royal Marines,
of His Majesty's ship Bellwia. called in and sworn
to 'to!y answer shat he knew of the prisoner, as also
tis such questions as the Court might ask him, had
heard the charges read.
Q. D) poo gooey ail, thous of the Prisoner )-1. Only that
he was Lonfioell on buesd the 11.1luna, as a dewrtel from the
lishrax

Q. Were you on board Hi. Strjesty's ship Chichester, in
the Chesapeak, doing deu as ■ Serjelat ef Manuel
Yrs : 1 was sent from the Helium, to His Nlmr.tv's skip Chi-
tin-me', not the tOtti !dreamier, 01.6, and n.:rita,ued there un-
til the I.ith March, 1907.

Q Uo you koo; of any deterrent from Fort Nelson %eing
claimed ►y the American Commandant?-1. yes
Q. Relate to the Court tie yartirul_re.—A. In the early
part of February last, the Cli ic ouster being .dolig,ide the wna.f
at Gosport, in Virginia, I taw a put, a1..4,1,et, under arms,
roosistimt of the Cosmandant of Furt Nelson, a serjeant, cor-
poral, and four privates, coming from the fort to the wharf,
alongside of which the Chichester was lyiog. Haying en-
tered the gates, they proceeded to Captain Stopierfs ludginp
when I was sent for by bias, and ask sd wrh:ther there were any
deserters en board ?menthe/sr t 1 I answered, there were not any.
The Captain said, to there are three, are there not" and dl-
• •'te•t me in give them op to the imrom I stumimeg to be the
Commandant. I, with the auhitaisee ut the Oticers, marched

6
1
I
tl

I)ovagias. gad lac lb
lupins Ley were. I wileve
not haus( say affect, I
printed and find; oaa
• Richard limber!. 110
No* Wiliam, IBA.