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

THE

NAVAL INTELLIGENCE.
PORTSMOUTH, FRIDAY, JULY 2.—As we stated yes-
terday, the court-martial which tried the master of the
Lily proceede 1, 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 9 h 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 11th day of May. 1846, mad. 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 chargeiband 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 Hosking, 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 subpoenaed from Sheerness by
Commander Newton.

Captain Brisbane, on being called on, stated that he
recollected being ordered on board the Lily on the 26th
f,f December, 1845, by the late Commodore Jones, then
Commander in-Chief, to perform a specific duty, and
that whilstin 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, which 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 Ras.
Did not Commander Newton seem satisfied that the
admonition was equal to the offence committed?—He did
appear satisfied.
When you reported to Commodore Jones the admoni-
tion, did he seem satisfied that that was sufficient ?
He did.

Captain Chads—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 Ellen called
arid 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 sign 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.
State what occurred on that occasion.—Commander
Newton asked Lieutenant Branch why he refused to
sign that order. Lieutenant Branch answered that he
did not understand the order. Commander Newton then
said. " You will wear tho established uniform in future."
Upon this Lieutenant Bonet; said, " I suppose you
m,•an 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 ?—I 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
way respectful.
Did you, between the 9th day of May, 1845, and the
11th day of May, 1846, ever see the prisoner disrespectful
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 nut signing
it 7—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 on 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 ander weigt“ oallad thn 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'c ock this morning the Court re-
opened; when the President (Rear-Admiral Hyde
Parker) asked Commander Newton if he had any further
evidence 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 ached, the prisoner not having completed his de-
fence, frcm the tact 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 wis reopened, and the prisorer 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 Wihon, 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 Hastings, of the Excellent,
dated 1834 ; Captain Elliott, of the R venge, dated
1837; from Captain Maitland, of the Wellesley, dated
1828; from Commander Stanley, of the Wolf, dated
1839; from Captain Houston Stewart, of the Benhow,
dated 1839; from Commander Aldridge, of the Pem
broke, dated 1340 ; from Commander Snell, of the
Flamer, dated 1340; 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
respecting the bread binge.
in the forenoon for the purpose of inquiring into a corn
plaint made by Commander Newton to the commodore,
uiCommandern cabin,de CaptainrN ew,enwßttrohi
nsabtaainhkeee
dcwaLmi
wished
chntheoilodniffitt,Coctorittnneh;
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‘Dermot, the
master's assistant, sent on board for Lieutenant Wil-
liams. Mr. M`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
ne returnedtoldc Commander
mb board
ra and
Newton reported t o
before stated. The boat was then sent for Mr. Williams,
the
offi er, meaning Lieutenant Williams, his reason
ssee ndc ti
a alp
tea, i
nw hßerni s hb
ae
ask the - C
for keeping waiting when he was sent there on a
his commodore. I did not hear Lieut.
saying anything to Captain
particularN,
Do i
ua duty
)-ien•
erb by'
my
Brisbane relative to
Hams had mistaken the message? I
my thinking, ttlra:s.Lieutenant Wil-
Was there anythiriff disrespectful towards Comman-
dermy -Newton either in effect or in
manner?—Cer-
tainly not.
rheo)f- ooueptorbe :ern, tno4ns,t
whenhe quarter
Commander-
theWeet
for me respecting not s4,nino• the order-book ?—Ye3.
Was there anyttene
—Notav ethyaotuletvibesresrev:en
manner towards Taman?
dkofNtehae-tLonilyseonnt
Commander Newton on that occasion?
duct tosards Commander
What has been my agdnei ysnrtNehe
an: disrespectfulgetcohtncaria_.lt.Nne
c.many conduct
ngr ndu
uya
cgc.:o3nosi
en officer and a ~,entl,-Enan since ocuonhdauveettldnohnia•nismelef in
the Lily?—Mr. Branch has always
mhaenar Lieutenant Branch tell Can-
!
.
anporTscis?drenant_d angoenytoi
le.
te Newtonna hed not n
t ex-
-
ptalaininßedristhoanielimth.tiht
eCrienasionnanodferLi,ni
senee?—No.
Sir C. Napier—Did you hear Captain Brisbane aarne-
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 Commander Newton?—lf
may be allowed to remark, Sir, I think Lieutenant
Branch understood that Captain Brisbane asked him the
question; otherwise I think Lieutenant Branch should
have reported the subject to Commander Newton.
Then you think it was simply an error of judg-