The Sun.
London, England, 1815-01-23 00:00:00

COURT MARTIAL ON Slit JOHN.MURRAY,
Ditim AT NIINCiIESTER.)

SATURDAY, SIXTH DAY.
The A DVOCATE-GENEaAL stated, that the Court
bad considered whether they should call back

Captain lugleby to beexamined again on the ad-

ditional questions which Admiral Hallowell wish-
ed to put to him, and they had determined, under

all circumstances, that he should not, be again

ex.►iuined.

After thus communicating the deter-
m►nat.ion of the Court, he would observe to Ad-

ruiral Hallowell, that those questions had in fact

been answered by some of his other witnesses.

General Sir W. CLINTON was then sworn and

examined.

Q. Was you not second in command at the
siege of Tarragona 1--A, I was the next senior
Otti:,•er to Sir John Murray, but was in the com-
mand of a division.

Q. Did yon receive directions in the:morning
of the 11th of June, for the, storming of Puerte
Reale on that night Early on the morning
of that day, I received orders to go to head-quar-
ters, and to have my division in readiness to
march. On my arrival these, I found Sir John
Murray, who was just going out. lie informed
me that he was going to look for a position on
the banks of the Guiara, to meet the enemy Wh.i:
were advancing from the side of Barcelona. He.•
left. me in the temporary command of the pass,
and told me that if Major ,Thaciltery reported the
breach practicable in the Putste Reale, it should
be stormed that night. •
Q. Did Major Thackery, report the breach prac-,
ticable on that day?—A. Soon after 12 o'clock in.
the day, he reported it to be practicable.
Q. Had you any conversation with Sir J. Mur-
ray about eight o'clock in that evening Hay-
ing arrangements at bead-quarters, u lien
was going to my post atOliva, I Met an 'Officer of
the Staff, who told me that Sir J. Murray was on
his way to head-quarters, and that he should pro
bably meet him. I requested the Officer to tell
Sir John that all arrangements had been made for
the attack of Puerte Reale ; and that at ten o'clock
the signal would be given for the attack, unless
oiders should arrive to the contrary.: Ai I was
going on to my pest, 1 met Captain Mills, of the
-27th, and requested him to go to head-quarters,
and inform the Commander of the forces that
every thing was prepared for the attack. Captain
Mils returned iu about half,an hour, and brought
wot d that the attack would be made. Having
then made every arrangement, and given diree-
tions that.the signal rockets should be fired pre-
cisely at 10, I rude to head-quarters, to report the
wails of ,the arrangements made, and to receive
t►uy further orders from the Commander of the
forces. On my arrival at head-quarters, Sir J.

Murray informed the that the attack must be given
mp, and that, from the information he bad re,
coved of the movements of the enemy, the siege of
Tarragona most he abandoned. 1 then informed
taint, that; s it was then half-past nine, I feared
the att:o.,/, .
lesS orders had been sent to the contrary. Ile ac-
quainted me that he had already countermanded
the attack. I then informed hint, that if the signal
was made, the false attack to be made by my divi-
sion and the Spaniards would still take place.—
Ile obserVed that all the Officers attached' to him
w.re'illsent on other duty. . 1 then informed him
that Caps: Castemar, who attended me Leas ready to
take his orders. Thgt Officer was then ordered to go
with all speed to Oliva , 'to prevent the signal be-
ing given, and he arrived just in time to prevent
the tiring of the rockets.
.
Q. Did you receive any information on the
morning of the 12th, of the enemy's apprriaching,
and in what direction,?L-A. By the first order 1
received on the 12th, I was led to iMagine that Sir
J. Murray expected the .enemy on the Guiara. -I
proceeded with my diviSion to head-quarters, by
the shortest road 1 could takei-ont of the fire'of
the town.. I then hardly knew on what side
was not tdapprehend an attack.
Q. Previous to that order, had you not received
all order to go with -six battalions in support of
General Copons-.?—A. I had. It was to enver•tt
nimr.(nient about to be made by General Copons,
who was then at. Alta
Q. Did you receive orders to 'Spike the guns,
and when I did receive orders to that cffect.
I think it was about ten o'clock. I was alsb
di-
rected to matTh with My division to the beach.
Q.elms that order cOuntermaniled before
there WAS time to carry it into execution ?----A.
'lt was countermanded, but not befote there had
been tithe to carry it into execution.
Q. Was it coeintermanded before it'was actually
carraoi into execution %—A.. Certainly, it teas ;
except with respect to the guns .on the six-gun
battery, which were spiked in error.
Q. Had the gulls been allowed to remain, would
tlere have been any difficulty in bringing them
down to the beach for embarkation, after it was
Clark ''f.—.V.lapprehLtid that certainly there would
not. I was at the mortar battery about twelve
o'clock, when the Officer conananding there was
a,•tively employed in preparing. to evacuate it. I
tat him that 1 would 'furnish hint with A working
piety of 50 men front my division to assist him.
'Lie Officer informed Me, that with that assist-
aocc, he tvould answer for it, that not one piece'
of ordnance of time battery should he lost, ' but
that they shou'd be all safe for embarkation by 10
''cheer, that night.
• .
How long you yemain, at your post at
Tilt near five iu the afternoon of the

12!'i.
0. Do. you knoll: of any
,enemy's force appear,
i:llhet %%Ten Betlaver an.l Tarragona, betore the
fith of June, or even .as late as that day ?—A. I
tt,iil it was the 14th or 15th ; but as I Ilave.uot
Joy notes in Court, which I took at that. time, I
cannot:spea6 positively as to dates.
The witness then, left the Court, and returned
wit his notes. After ;ook;t1g" t theta, he iaid
tl:at it tv.,7,s not till the 15th of )une th 4 the enemy
s!;ewit‘ii thenisch'es in that direction. . he m)s
siAtirnß.d with his troops to defend the pass of the
Co, de Balaguer, he saw nothing of the eaemy,

•
but understood that they bad turned the hill hy. 4
mountain road.
Q. Do von know of any cause which obliged its
to raise ttie-Siet:e of Tarragona
precipit te,
manner ;We 'did, leaving our, stores, 00it
provisiot S behind us •—A. Totally iminformatt as .
I was of the instructions- that the CommanderOf
the Forces night have fur his guidance, or what
might be the information' which he might have
received with respect to the situation or move-
ments of theenerny:,..l can only say, that I anew
of no reason that could render necessary the end-
less change of measures which was' observed on
that ill-fated day. I .could hardly imagine any
situation of things which could have rendered
necessary such proceedings as those of,,,the 12th
of
June • and circumstanced as the British force, in
the plaio of Tarragona appeared to me to be—in
the possession, on the' one side, of Fort St. Fe-
lippe and the Col de Balagtier ;. and on the other
side, having at least 6000 troops under the com-
mand .of such. Of as Colonels Mansol and'
Luther, in the direction of- Barcelona— I ant
clearly of opinion, that the precipitate :retreat
from before Tarragona on the I'2th of June,- was
not necessary or warranted ; and that the measure
of abandoning the_ siege of Tarragona in such a
way, had all the appearances of a. disgraceful
flight. • ••
Admiral
:Hallowell said, .that hebad'no.further•
questions to put to him.
Cos-gxcinzined by Sir J. INluratax. -
Q. Was the order given at ten o'clock for spik-
ing the- guns unconditional and positive, or was it
conditional and contingent ?—A. There was no
condition or contingencl4 at all. It.. was, how-
ever, a verbal order.
Q. Could the- guns be brought down to the
beach in the day time, without being exposed to
the fire from the town, and in some,places almost
enfiladed by that fire .--77/.1. Certainlyuot.
Q. Were the gnus on the six-gun battery ac-
tually spiked: at the time the counter-orders ar-
rived They were not.
Q. Wikat was the error which occasioned their
being spiked.?—A. The circumstance was this :
Soon utter I had received the orders for spiking
the 'guns, two Officers of the artillery came to
time, and informed me that they had brought spikes
for destroying the guns ; and that they had been
directed by the commander of the artillery to re-
ceive my orders when the guns should be spiked.
Having -received on that day a number of -orders
and counter orders, I did hope that a counter-
order might he received with respect to spiking
the guns.- I then directed one of the Officers to
the mortar battery, and the other' to the six-gun
battery. To the last, I said that I would go to
Oliva, and front the right at that spot give the
signal for spiking the guns. • Some short time
after, r received counter-orders with respect to
spiking the guns. As I was standlug about 100
yards to the right of Oliva, in conversation with
an• Officer, the enemy, who were, always jealous
Of that point, fired a shot at us, .which fell at no
great distance. I observed to the Officer, I must
thank them for their civility, and having movet4
forward four or five paces to an elevated spot, 1
saluted the point from. whence the shot-came.—
Shortly after going to Oliva, and happening to
_ Kittery_ I ohserepd u+ tl1t1?~n81
bitstle. there I. remarked to Colonel Duple, of
tie German Legion,. that surely it was nut pos-
sible that the Officer in that battery could hitve
mistaken what 1 did just now as a signal to spike
the guns: From the hurry, however, which still
continned at that battery,. I ran there with all
speed, to endeavour prevent the destruction of
the guns, but I did not arrive in time.
Q,.Wts the salute you gave by pulling' your
bat ofn—A. It was.
Q. What was the signal you' had agreed to give
guns The taking off my
for the spiking the
hat at the right, and at the rear of the old ruined
work at Oliva,
The witness-eras then asked by the Court', whe-
ther, at the time of his so taking off -his hat he
was lathe situation agreed answer was,
Certainly not.
Q. Do you mean to say, that no enemy -ap-
peared from the side (rf Valencia before the 15th.
Jane;.?--A. Not that I am aware of ; 1 did not ar-
rive at Balaguer till the evening of the 14th, and
had no opportunity of observing any thing but
what passed: in front of the old fort towards
Perillo. •

Q. Am I to understand you, that on the 12th
of June you were not apprized of .my instruc-
tions., or of the strength, position, and move-
ments of the columns of the enemy I—A.tlearly.
Q. Were. von entirely ignorant of my instruc-
tions on the 12th, and did I not communicate
flint to you-on that day ?—A. The first time I
knew your instructions, and then but partially,
was when you produced them at a Council of
War, at Balaguer, on the 17th of June.
The witness.then withdrew, but in a short time
Sir J. illurray expressed a wish that he should be
called back, in order to put another question to
him, which he had omitted. . „
• The ADVOCATE-GENERAL dbserveil, that this
request was under circumstances different from
that of Admiral Ilahlowehl, as no other evidence
bad intervened'hetween the time of his examina.L
tion and that when-the request was Made.
Admiral .flallowell- had no objection to the
witness heing•called back.
General Clinton being called -bad:, Sir John
Murray put the *following question to hiw
Q. liave.you never expressed yourself as offend--
ed with me, for not having placed in you that
confidence which you conceived yourself entitled
to ar; the next senior officer in command ?-.-A. I
certainly had great reason to feel, that during the
time of being utidgr your command, no degree of
confidence appeared to he placed in me. I do not
recollect, however, my having expressed myself
in the manner mentioned in your questitin. I cer-
tainly was not offended.
Admiral Ilellowell stated, that be had no
more witnesses. to call. offered to produce
two letters, the one from Sir J. Murray to Ad-
miral fellow, requesting a co-operation.
Sir J. Murray said, that he was ready to admit,
that he had
_requested co-operation from Sir E.
and had expected it, and therefore those
letters ritiglic be onneeessary.
Admiral Hallowell then cKpressed himself satis-

flcaon- thi,i 'Mint by the admission of Sit' S. Mur-
• ray.: He should now propose to prove by the log-
htlol.-.ol' the Caledonia (Admiral Pellew's flag-
ship), that the co7oper3Oon whieh was expected
was actually ant:7. that Admiia'l Sir B. Pd-
len', for that purpose, deft his station o Toulon,
and arrived in the Bay 61. Rosas.6n the 9th, where
he continued till the 15th .of June.
Mr. John I.)orhy, filoin the Navy-office, proved
the log-book of the Caleglonia, from which ex-
tracts were read by the Judge Advocate. It ap-
peared that. the Caledonia, with • several other
ships of the fleet, had, entered" the Bay of
,Rosas
on the 9th. of June, and that on the 10th several
seamen and marines were landed, for the purpose
Of driving the enemy from the. village of Escala.
It' also appeared, that they remained there till the

15th.
Admiral HallowelFalSo presented a return of
the forces of every description which Sir J. Murray
hadiapplied to him' to prepare for receiving on
board at Alicant. Ile. should add to this, that he
had taken on hoard above
.a hunched horses more
than' was stated'in this requisition.
=The Court agreed to receive the return, but
said that they expected to receive exact official
returns.of the actual force.
Sir J. Murray had no objection to the paper
being received, or to acknowledging that lie did
make out a requisition.. It did not follow, how-
ever, that this was an exact account of what was
actually embarked.
The Court said, certainly not.
Sir BenjaMin Hallowell then tendered a paper,
purporting to be a letter from Colonel Manuel
Loder, a Spanish Officer, to be received as evi-
dence if the Court shotild decide, to receive as
such the letters of other Spanish Officers; to be
produced in his defence by Sir John Murray.
On the suggestion of Sir Samuel Aclimuty, that
unless the letter was now adthitted,- in. order that
Sir J. Murray might be prepared to meet its con-
tents, it could not afterwards be brought forward
on behalf of the prosecution ;,the 'Court deter-
mined that the letter;on being regularly authenti-
cated, should be read and received in evidence.
Admiral Hallowell having 'then stated that he
could prove the hand-writing by two Witnesses,.
and testified on oath to his belief of that fact, and
the translation having been submitted to and ap-
proved by Sir John Murray, the letter was. read,
and wai in substance as follows :--11 bore date
Rens,,June 14, 1813, and was addressed to Capt.
Adam, representing that he had just ar-
rived with three battalions and one squadron, with
which force he bad expected the enemy, who were
posted at Villafranca with 5;500 men. That the
enemy retired from Villafranca in the night of the
at ten o'elo,;k, towards Barcelona. That
the transport having on hoard the clothing fur his
troops, of which lie stood much in need, had gone
round, and he should be much obliged to Capt.
AdaM to send her back toSalonne, she had come
there for that purpose, and to communicate what-
ever intelligence lie might have received of the
'enemy's movements, &c.
Admiral Hallowell observed, that he had in-
troduced this document for the purpoie'of shelv-
ing that up to the 14th, the enemy hail not ap-
peared before Balaguer.
The Court having now enquired Whether there
LAIR .6
Hallowell stated, that he' had closed the prose-
cution of his case. Althoii-gh he had not had
an opportunity of bringing forward his. Spanish
witnesses, nor been allowed to strengthen his evi-
dence by any proof of transactions subsequent to
the 12th, 'he had to thank the Court for the hand-
some manner in which his applications for that
purpose had been refused. •
Sir John Murray then observed, that as there
had been two distinct openings, and two separate
prosecutors had appeared against him,' he hoped
that he might 'be indulged in making the several
statements, 'and supporting each' separately, 'by
the evidence on his defence. • -
The DEPUTY JUDGE ADVOCATE. saw no objec-
tion to this, reserving to himself Otis own indivi-
dual right to reply on the two first charges, alr
though lie did not at present see that it would be
at all necessary, as the letters of Sir John Murray
and the instructions of the Duke of Wellington
were now before the Court.
The President said, it certainly rested with Sir
John Murray to urge his defence in such a man-
ner as he should deens,most advantageous to him-
self ; and it was now for him to say, what time
he would require for its preparation.
Sir J. Murray replied, that the Court must be
aware. that he was not disposed to take up' their
time 'unnecessarily, or for a longer period than
should be indispensably necessary for his defence.
The great variety of matter, however, WhiCh had
been introduced, and the evidence, almost entirely
false (he meant with respect to the inforniation
on which it was founded), that had been adduced,
compelled him to solicit frOm the Court the indul-
gence of five days, as he conceived that he could
not be fully prepared in a shorter space of time.
The President said, it was for the priSoner to
name what period he should deem absolutely ne-
cessary, and it that should appear unreasonable,
the Court must be cleared to take the question into
consideration. The Court was accordingly clear-
ed, but in a short time assented to the request of
Sir Murray, mid adjourned till Friday morning
ne.xt.

A Gentleman, who had been unsuccessful for
several Lotteries, never having had a Prizc above
201. went into WE'BB'S Office, on Ludgate-bill,
the other day, to try his luck once more and de-
clared at the slme time, if again unlucky, he
would have flone with Y.iotteries. But Dame For-
tune, unwilling to lose a Suitor, rewarded his
perseverance with an Eighth of the Ten Thousand
Pound Prize.

There are Two Prizes of 20,0001, in the remains
of the present small Lottery, and the whole of
the Capitals which the Scheme originally contain-
ed (except the 10,0001. drathn the First Day) and
the First-drawn Prize above 251. next Friday (the
Second Day of Drawing), will be entitled to one
of the Two Twenty Thousands, and the Ticket it-
self may be the other 20,0001., so that the First-
drawn Prize Om 251:may actually be a"40,0001.
Prize.

MAILS. •
AnuzvcD-3 France, I Holland, 1 Heligoland, 1 Guernsey'.
and Jersey, 1 Waterford. Duc-1 Lisbon, 2 HaniOrghs
1 Holland, 2 Dublin, 1 Waterford.

PRICE OF
THIS DAY AT rss
Bank Stock,
a per Cent. Red. Gsii
3 per Cent. Cons. 650
4 per Cent. Cons. s'2i
b per Cent.NaryAnn. 940

STO CKS

ELVE O'CLOCK.

Bank L. Ann. I6i 7-16tlis
India Bonds, e9s, 19s. pr.
Exclieq. Bills, 3s. ss. pr.
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Cons. for Febtuary 654

Su* average price of Brawn or Muscovado Suy,f,
Iteb7, made iq the wevic
January, 1815, is 745. 54d. per cwt.

HIGIi WATER. AT LONDON BRIDGE TO-MORROW;'
Morning, 57 minutes after 12.1 Evening, minutes after