The Sun.
London, England, 1847-07-05 00:00:00

NAVAL INTELLIGENCE.

PORTS;017111 711t1;;;Y: JIILT 2.—As we stated yes-
terday, the court-martial which tried the master of the
Lily proceeded, after the termination of that case, to
try John Powell Branch, second lieutenant of the Lily,
on the following charges preferred by Commander New-
ton of that sloop:
" 1. For that he, Lieutenant J. P. Branch, was on se-
veral occasions, between the 9th day of October, 1845,
and the 11th day of May, 1846. highly insubordinate and
disrespectful to me his superior officer.
" 2. For that he, the said Lieutenant J. P. Branch, on
or about the Ilth day of May. 1846, made use of highly
disrespectful language to me his superior officer."
This was a most important and extraordinary case and
excited intense interest, both on account of the nature of
the charges and the immense extent of time which has
elapsed since they were laid, nearly seventeen months,
since which period the prisoner has been under arrest on
board the Lily.
Mr leaking, solicitor, of Gosport, also assisted this
prisoner.

- The first witness called was Captain Brisbane, of the
Larne, 18, just returned from the same station as the
Lily, and who had been subpasnaed from Sheerness by
Commander Newton.
Captain Brisbane, on being called on, stated that he
recollected being ordered on board the Lily on the 26th
of December, 1845, by the late Commodore Jones, then
Commander-in-Chief, to perform a specific duty, and
that whilst in communication with Commander Newton
relative to the absence of the first lieutenant of the ship
(Lily), whose services might be required upon the court
of inquiry which he (Captain Brisbane) was directed to
hold, the prisoner approached him and said, to the best
of his recollection, that his commander (Newton) was
not explaining to him (Captain Brisbane) correctly why
the first lieutenant was not on board, which he (Captain
Brisbane) considered a breach of discipline on the part
of Lieutenant Branch, and consequently took occasion
to admonish him (the prisoner) for making such a report
to him in preference to his own commander, whi6h ad-
monition was approved by Commodore Jones when the
circumstance was officially reported.
Sir C. Napier—Were you senior officer when you
were with Commander Newton on the above occasion ?
—I was.
Did not Commander Newton seem satisfied that the
admonition was equal to the offence committed?—lle did
appear satisfied.
When you reported to Commodore Jones the admoni-
tion, did he seem satisfied that that was sufficient ?
He did.
Captain ands—Did Commander Newton state that
he should take any further steps after hearing you
admonish that officer (the prisoner)?—l think not.
Lieutenant Williams, first of the Lily, was then called
and was examined as follows :
Commander Newton—Do you recollect my issuing an
order on or about the 9th of October, 1845, relative to
the wear of blanket clothing ?—Yes.
Do you recollect my sending for you relative to
Lieutenant Branch refusing to si•.:n that order ?—I do.
Were you on the quarter-deck when I sent for
Lieutenant Branch relative to his refusal to sign that
order ?—I was.
Stag; what occurred on that occasion.—Commander
Newton asked Lieutenant Branch why ho refused to
sign that order. Lieutenant B:anch answered that he
did not understand the order. Commander Newton then
said, " You will wear the established uniform in future."
Upon this Lieutenant Branch said, " I suppose you
mean a mere jacket, without skirts to it," and walked
below.

What was Lieutenant Branch's manner to me on that
occasion ?—lt appeared to me that he meant to ridicule
the order by the expression.
Do you recollect signal being made shortly after this
for the commander of the Hecate P—l remember a signal
being made.
Do you recollect my calling on Lieutenant Branch on
the following morning, the 10th of October, 1845, relative
to his refusal to reply to my memorandum on that occa-
sion, and also his reason for not understanding it ?
President—When the commander asked the prisoner
why he refused to sign the order, was the prisoner's
manner to the commander respectful or otherwise ?—lt
.va= respectful.

Did you, between the 9th day of May, 1845, and the
11th day of May, 1846, ever see the prisoner disre,pecttul
to the commander, or his conduct insubordinate ?—I can
scarcely recollect between those dates.
When you took the order-book to Lieutenant Branch
to sign, did he say anything to you about not signing
it ?—No.
When was the prisoner suspended from duty ?—On
the 9th of May, 1845.
Witness then proceeded—l was carrying on duty
. .

when weighing and making sail from Sestos tTri the 15th
of March. 1846, at which time Lieutenant Branch was
on the forecastle. In making sail, sheeting home the
topsails, I had ordered the topsail halyards to be
manned, and the starboard foretopsail sheet was not
home. I hailed the forecastle two or three times to man
the halyards, but there was no notice taken of it at all
by Lieutenant Branch; they still kept on hauling the
sheet home until Commander Newton hailed the fore-

castle twice to man the topsail halyards and leave the
topsail sheets alone until sail was made upon the ship,
when Lieutenant Branch turned round to the men and
said, "There, drop the sheet, and man the halyards."
After the brig Lily was under weigh, I called the watch,
and Lieutenant Branch came aft on the quarter-deck
and went below, when Commander Newton called him
and asked him why the topsail sheet was not hauled
home. On one occasion Commander Newton said, "It
is the duty of the officers to set a good example to the
men, and make them work;" when Lieutenant Branch

replied, It is also your duty to set a good example to
the men." Whereupon Commander Newton said,
" This will never do," sent Lieutenant Branch on deck,
and placed him under arrest.
This was the substance of Lieutenant Williams's evi-
dence, except that, on being ;asked the question in va-
rious shapes, of what construction he put upon Lieu-
tenant Branch's conduct towards Commander Newton,
he replied, highly disrespectful.
It being now twenty minutes past five o'clock, and the
Court having been sitting upwards of eight hours, the
Court adjourned until nine o'clock this morning.
FRIDAY.-At nine o'ciock this morning the Court re-
opened; when the President (Rear-Admiral Hyde
Parker) asked Commander Newton if he had any further
evideuee to offer, to which, to the astonishment of all
present, he replied, " None whatever."
The President then declared the prosecution closed,
and called upon the prisoner for his defence, when ha
asked until twelve o'clock, which was granted, and the
Court adjourned until that hour; when another halt hour
was asked, the prisoner not having completed his de-
fence, from the fact of his being in total ignorance of
what he was to be charged with. This indulgence was
most readily granted, and at the expiration of the half
hour the Court was re-opened, and the prisoner having
obtained permission, his " friend," Mr. Hoskins, read
an address to the Court, the effect of which will be suffi-
ciently understood from the evidence subjoined.
Certificates were then read from Captain Wilson, of
the Java, dated 1827, eulogising Mr. Branch's conduct as
a volunteer of the first class, being his entrance into the
navy; from Captain Studdart, of the Champion, dated
1828; from Captain Gray, of the same ship, Captain
Jervis, dated 1831; from Captain Fisher, same date;
from Captain Sir Thomas Haitings, of the Excellent,
dated 1834 ; Captain Elliott, of the R venge, dated
1837; from Captain Maitland, of the Welle,ley, dated
1828; from Coninander Stanley, of the Wolf, dated
1839; from Captain Houston Stewart, of the Benbow•,
dated 1839; from Commander Aldridge, of the Pem
broke, dated 1840 ; from Commander Snell, of the
Flamer, dated 1840; from Commander G. F. Hasting,,

of the Harlequin, dated 1841 ; and from Captain Lord
John Hay, of the Warspite, dated 1841—all of which
were eminently to the credit of Lieut. Branch, both as
an officer and a gentleman.
Lieutenant O'Reilly, third lieutenant of the Lily, was
then called and examined by the prisoner, and stated— I
was present on the quarter-deck of the Lily on the 9th
of October, 1845, when Captain Brisbane came on board
in the forenoon for the purpose of inquiring into a corn
plaint made by Commander Newton to the commodore,
respecting the bread binns. After going down into the
cabin, Captain Brisbane came on deck and told Com
wander Newton that he wished to see all the officers.
Commander Newton asked Lieutenant Branch if they
were all present ? Lieutenant Branch replied, " All
but Mr. Williams," the first lieutenant, who was then
on board the Penelope. Commander Newton directed
Lieutenant Branch to send for him immediately. The
gig was immediately manned, and Mr. M‘Derrnot, the
master's assistant, sent on board for Lieutenant Wil-
liams. Mr.iM'Dermot returned in the gig, bringing this
message, " Lieutenant Williams will be on board after
dinner." Mr. Branch then stepped forward to Captain
Brisbane, touched his hat, and spoke to him in the most
respectful manner, delivering the message which I have
before stated. The boat was then sent for Mr. Williams,
the second time, when he returned on board and reported
himself. Captain Brisbane told Commander Newton to
ask the officer, meaning Lieutenant Williams, his reason
him waiting when he was sent there on a
fr
particulareepina dutykeeping
s r.b y his commodore. I did not hear Lieut.
Williams
anything to Captain
Brisbane DoyourelraetiniveemtbOrmnly yt
hi sayingnk in 42
llama had mistaken the message
Was there
eithern in
thingeffdeicstreosprecintfural
3, towards Comman-
dermanner?—Cer-
tainly Newton
not.
the;aths
Were you present on the quarter-deck of the Lily on
for me respecting not. signing the order-book ?—Yes.
eCtrectaobnerhlinBg4s when Commander Newton sent
ofth
disrespectful in my
manner towards Commander'hat occasion?
Newton on t
—Not that I observed.
Have you ever ,•anything , language or
seen a• • isiespectful in my con-
duct to sands Commander Newton?--No.
What has been my general
character and conduct 39
an officer and a gentleman since
the Lily ?—Mr. Branch has alwaysyou have known me in
conducted himself as
an officer and a gentleman.
President—Did you hear Lieutenant Branch'
tain Brisbane that Commander Newton
ln tell Cap-
i
plained to him the reason of Lieutenant Williams'had
notex.
ab-
senceP—No.

Sir C. Napier—Did you hear Captain Brisbane ado.
nish Lieutenant Branch?—Yes.

What did he admonish him for?—For not reporting
Mr. Williams' absence to Commander Newton, instead
of to him (Captain Brisbane).
Do you consider it disrespectful of Lieutenant Branch
in reporting what he did to Captain Brisbane instead of
to his own commander?—Yes.

Now, Sir, you have stated in your former evidence
that you never saw anything disrespectful in Lieutenant
Branch's conduct towards Commoner Newton?—lf I

may be allowed to remark, Sir, I think Lieutenant
Branch understood that Captain Brisbane asked him the
cla"tion; otherwise I think Lieutenant Branch should
have reported the subiect to Commander Newton.
Then you think it was simply an error of judg-

men tin Lieutenant Branch's reporting the matter to
Cap tain Brisbane instead of to his own commander ?
An error in judgment.
T 'he prosecutor asked this witness no question.
3 Ir. Tanis, clerk of the Lily, examined by the pri-
son er.
I )id you bring me the order-book on the 9th of Octo-
ber 1845 ?—I did.
'E 47 the Court—State what passed.
Witness—Lieutenants Williams, O'Reilly, and Mr.
W illtins signed the order, but the prisoner refuted,
st wing he did not understand it. I then took it back to
Commander Newton.
Were you present in the gun-room of the Lily on the
9th of October. 1845, when Lieutenant Williams came
to rate respecting not signing that order ?—I do not re-
men ►ber.

Did you hear Lieutenant Williams say that he did not
understand the order himself ?—I did. He said he did
not properly understand it. I believe those were his
words.
no you remember my sending for yen on the quarter-
deck at 12 30 oo that day, to bring me the order-book,
in o rder that I might sign it ?—I do.
Didyou then procure the order-book ?—I could not.
State the reason why ?—lt was in the cabin, and
Commander Newton was engaged.
As soon as you could procure the order•book, did you
bring it to me, and did I sign it ?—I brought it during
the afternoon on the same day, when he (the prisoner)
signed it.
Was my conduct towards Commander Newton on all
occasions, as fur as you have observed, respectful or dis-
respectful ?—Respectful, so far as I can remember.
Captain Chads—What time elapsed between the
issuing of the order and the prisoner's wishing to sign
it ?—About an hour and a half.
Cross-examined by Commander Newton—Do you.
recollect my sending for Lieutenant Williams after you,
had brought me the order-book into my cabin, signed
by all the officers except Lieutenant Branch, and asking
him, as he had signed it, if he had understood the order.
—I do not recollect.
Do you recollect my directing Lieutenant Williams tc
go with you to Lieutenant Branch with the order-boot
te explain the ord@r to him, in order to his signing it ? -
I recollect something of it.
Commander Newton—Were you on the quarter-dec k
when I sent for Lieutenant Branch, and he refused. Ito
sign the order?—Not that I remember.
Were you aware that I had directed Lieutenant Brant .h
to wear the established uniform in consequence of hi s
refusing to sign the order?—l do not remember.
You have stated that the prisoner signed the order o n
the day I issued it; are you aware whether I was al -
prised of his having signed it?
The Court declined to permit any conversation c
this sort, and dismissed the witness from further exami -
nation.

James Steele, M.D., surgeon of the Lily, called.
Prisoner—Were you present in the gun-room of th
Lily on the 9th of October, 1845, when Lieutenar .t
Williams came to me respecting not signing the order -
book 2-1 was.
Did you hear Lieutenant Williams say he did nt it
understand the order himself?—l heard Lieutenant Wi 1-
liams say to the clerk that he did not understand t.l Le
order properly.
Were you on the quarter-deck of the Lily on the 111 ,h
of May when Commander Newton sent for me?—l wa 3.
Was there anything disrespectful in my manner e r
b .haviour towards Commander Newton on that occasion ?
—I saw nothing on that occasion but the most respectfi it
conduct towards Commander Newton.
Has my conduct towards Commander Newton on s .11
occasions as far as you have observed been respectful
disrespectful?—Respectful.
What has been my general character and conduct a s
an officer or a gentleman since you hale been on boar, 1
the Lily ?—I have never messed with a more zealous o r
a more correct officer in my life.
President—You stated that you were on the quarter
deck on the 11th of May, 1846. What did Commando'
Newton say to the prisoner?—" You have been inter.
feling with the first lieutenant in the performance of
his duty, and objecting to the removal of some yarns
from the gun-room; you have no right to interfere with
anything in the ship, as you arc suspended from all
duty." Lieutenant Branch replied, that they were part
of his property, having paid for them, and that he had
surely a right to look after them. Commander Newton
said, " You have no right to speak on anything in the
ship, and I will confine you to your cabin ;" and ordered
Lieutenant Branch to go below.
At that particular time was the conduct of the pri-
soner respectful to his commander?—lt was most r•--
spectful, Sir, I never saw an officer behave in a more
respectful manner than the prisoner did on that occasion
Do you know on what charge tha prisoner was first
put under arrest?—l have not the slightest idea.
Captain Pasco—Do you know any instance or dis-
respect shown by the prisoner to his commander be-
tween the 9th of October, 1845, and the 11th of May,
1846?—None.
Sir J. Stirling—Did you happen to be on deck when
the prisoner was first put under an arrest?—No.
Captain Chads—Was the prisoner confined to his
cabin after what hat passed on the 11th of May?—No.
Captain Milne—Did you hear Lieutenant Branch on
going down the ladder on the 11th of May, after the ia-
interview with Commander Newton, say to the latter
that he would interfere again?—l did not.
Captain Dacres— Were you sufficiently near to hare
heard all that passed on that occasion ?—I was standing
by the wheel close to Commander Newton and Lieuts.
Branch and Williams, and was desired by Lieut. Branch
to take notice of what took place.
Thomas Anstruther, boatswain of the Lily, was
called, and corroborated the testimony of the foregoing
witnesses in every point, and entirely disproved the
assertion of Lieutenant Branch's refusal to order the
topsail sheets to be hauled home, and to man the top-
sail halyards ; and also disproved the assertion made
by Lieutenant Williams, that Commander Newton had
told Lieutenant Branch that he ought to set an example
to the crew, and the alleged reply of Lieutenant Branch,
that he (Newton) ought also to set an example to the
crew.

Commander Charles Eardley Wilmott, in answer to
" What bas been my character and conduct since you
have known me," stated, " he had served on board the
Lily as her first lieutenant for about eight months, at
which time the prisoner was a lieutenant on board, and
observed his conduct was always respectful, as far as his
observation went. The prisoner is a man of few words,
and, it strikes me," continued Commander Wilmott, "of
sulky appearance, and by some that might be attributed
to convey a disrespectful manner, when I know that he
is proud of the service, and desirous of carrying the
orders of his superiors into effect. He has expressed to
me more than once, and I think it may have escaped his
memory, that he was ambitious of serving with thorough
and efficient officers, who would express no approbation
to him, but would be sensible it he deserved it from them
without receiving those expressions from them. As a
gentleman he is as honourable a man as I have ever
messed with."
President—During the time 3ou were first lieu-
tenant of the Lily did the prisoner execute all the orders
of his superiors as a good officer should do, most readily
and efficiently?-0n one occasion when he received cen-
sure from a superior officer I remember the prisoner
saying, Could he foresee or form a comprehension of
what his superiors would wish him to do, he woull wear
himself to the bones but he would accomplish those
wishes."

President—You have done quite right to state that.
Thi: closed the defence, and the Court was cleared fur
deliberation. In about half-an hour it was again opened,
when the Judge-Advocate delivered the following as the
finding;—
_

" Tiie Court is of opinion that the charges have not
been proved against the said Lieut. John Powell Branch,
but are frivolous and vexatious; end the Court cloth ad-
judge the said Lieut. John Powell Branch to be ac-
quitted, and he is hereby acquitted accordingly."
The Prpsident then called the late prisoner to the head
of the table, and addressed him as follows :—" Lieut.
Branch, I beg to return your sword, and I am direct.td
by the Court to express the pleasure they have in re•
turning a sword of which you have been so long and so
unjustly deprived."
The Court then broke up.

PLYMOUTU, JULY I.—This morning, at half-past ten
o'clock, a strange sail, apparently a large 26 gun ship,
hove in sight from the westward, about three miles out-
side the breakwater. She had her courses, topsails,
topgallantsails, and royals set and hoisted, a blue burgee
over a quarantine flag, with the union-jack under. She
is supposed to be the Curacoa, 24, Captain William
Broughton, from America. At twenty minutes after
eleven o'clock she was saluted with 17 guns by her Ma-
jesty's ship Queen, 110, Captain Sir Henry J. Leeke, at
her moorings in the Sound. The stranger is gone up
Channel, with a smart breeze from S.S.E.

MALTA. JUNE 24.—The Ardent left at one o'clock,
A M., on the 16th, for Marseilles, with the overland
India mail for England, brought from Alexandria by
the Ripon, which left for Southampton on the afternoon
of the 16th.

The Eszari Gdied, Ottoman war-steamer, and the
Nile, Egyptian war-steamer, arrived from Tripoli in
Barbary on the 18th, and proceeded to Salonica on the
19th, having on board 600 Ottoman soldiers, a regiment
lately relieved by another from the capital.
The Ariel, Peninsular and Oriental Company's fleet
steamer, which left Malta with the Indian mail and pas-
sengers for Alexandria at sunset on the 14th, returned
at eight o'clock, A.M., on the 22d, in only 85 hours from
Alexandria; but the overland India mails for England
were not dispatched to Marseilles by the Spitfire until
three, rot, on the 22d. Neither Sir Edmund Lyons'
dispatches from Athens, which only arrived by the Lo-
cust from the Piraeus on the morning of the 231—Lord
Cowley's, from Constantinople, by the monthly Queen's
messenger, who arrived in the Achilles late on the night
of the 22d—nor the lonian mails, which have not yet
by the Flamer, were in time for the overland
23d, having a full cargo, consisting
the afternoon of th
and Levant produce, and many
passengers.
The Achilles tooekher departure for Southampton on
of wheat, barley, opium,
mail by the Spitfire.
passengers.
th., Peninsular and h
commanded the Ariel, and
Oriental Among these
Company
anwya,ss
sCearpvticaei? Jwohyo,foorf
the last three months
• k between Malta and Alexandria.
quick-voyages voyages
relieved by Captain
mainly contributed
+ll r has been
universally esteemed o...eeaxnadndraiam.aziTnghliys
Caunecic, who had returned from a h
the 221; to hesr suc,cnedsssfAhuellret
leave.
The Baretto Junior transport, with
ar-
rived from Deptford en the 20th, and .
screw steamer, for Liverpool from
but having , p on
Const-n ‘
in
her
Levantine oo rel se,, .
me
machinery, she will be detained a day or two to repair.
The RodneY made her number from the Piraeus on
the evening of the 93d, but owing to calms has not yet
got into harbour.
On the 19th the Vanguard and Albion, after having
had a emits,. as far as Syra and watored at Parry:, re-
bearing the flag
turned to and were lying in Phalerian Bay with the In-
flexible,of the French Rear-Admiral
Turpin, and the Triton, ships of the line. ,
t with
some ndaavtthaf:eati4,si