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

S U TA °ND() N,

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went in Lieutenant Branch's reporting the matter to
Captain Brisbane instead of to his own commander ?
An error in judgment.
The prosecui or asked this witness no question.
Mr. Tallis, clerk of the Lily, exam;ned by the pri-
soner.

Did you bring me the order book on the 9th of Octo-
ber, 1845 P—l did.

By the Court—State what pawed.
Witness—Lieutenants Williams, O'Reilly, and Mr.
Wilkins signed the order, but the prisoner refuted,
stating he did not undt-rstand 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 me respecting not signing that order ?—I du not re-
member.

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.

Do you remember my sending for you on the quarter-
deck at 12 30 on that day, to bring me the order-book,
in order that I might sii,n it ?—I do.
Did you 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 procUi.e the order•book, did you
brinc, it to me, and did I sign it ?—I brought it during
the ;fternoon on the same day, when he (the prisoner)
signed it.
Was my conduct towards Commander Newton on all
occasions, as far 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 brouglat 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 to
go with you to Lieutenant Branch with the order-book
to explain the ord- r to him,,in order to his signing it ?
I recollect something of it.
Commander Newton—Were you on the quarter-deck
when I sent for Lieutenant Branch, and he refused to
sign the order?—Not that I remember.

-Were you aware that I had directed Lieutenant Branch
to wear the established uniform lb consequence of his
refusing to sign the order?—l do not remember.
You have stated that the prisoner signed the order on
the day I issued it; are you aware whether I was ap-
prised of his having signed it?
The Court declined to permit any conversation of
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 the
Lily on the 9th of October, 1845, when Lieutenant
Williams came to me respecting not signing the order-
book?—l was.

Did you hear Lieutenant Williams say he did not
understand the order himself?—l heard Lieutenant Wil-
liams say to the clerk that he did not understand the
order properly.
Were you on the quarter•deck of the Lily on the 11th
of May when Commander Newton sent for me?—l was.
Was there anything disrespectful in my manner or
bPhaviour towards Commander Newton on that occasion?
—I saw nothing on that occasion but the most respectful
conduct towards Commander Newton.

Has my conduct towards Commander Newton on all
occasions as far as you have observed been respeetful or
disrespectful?—Respectful.
What has been my general character and conduct as
an officer or a gentleman since you haze been on board
the Lily?—l have never messed with a more zealous cr
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 Commander
Newton say to the prisoner?—" You have been inter-
fering 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 an the ship, as you are 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 1,--
speetful, 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 the prisoner was first
put under arrest?—l have not the slightest idea.
Captain Pasco—Do you know any instance of dis-
respect shown by the prisoner to his commander be-
tween the 9th of October, 1845, and the 11th of May,
18467—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 ha I passed on the 11th of May?—No.
Captain Milne—Did you hear Lieutenant Branch on
going down the ladder on the 11th of May, atter the in-
interview with Commander Newton, say to the latter
that he would interfere again?---1 did not.

L'atitaitr-Dacres— Were you sufficiently near to have
heard all that passed on that occasion 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 half ards ; 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 has 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 tar as his
observation went. The prisoner is a man of tew 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 efficit nt 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 )ou 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?—On 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 would wear
himself to the bones but he would accomplish those
wishes."

President—You have done quite right to state that.
This closed the defenu, and the Court was cleared for
deliberation. In about half-an hour it was again opened,
when the Judge• Advocate delivered the following as the
finding:—
" The Court is of opinion that the charges have not
been proved against the said Lieut. John Powell Branch,
but are frivolous and vexatious; and the Court doth ad-
judge the said Lieut. John Powell Branch to be ac-
quitted, and he is hereby acquitted accordingly."
The President 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 directed
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.

PLYNouTH, JULY I.—This morning, at half•past ten
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 bargee
over a quarantine flag, with the union-jack under. She
is supp .sed to be the Curacoa, 24, Captain William
Broughton, from America. At twenty minutes alter
eleven o'clock she was saluted with 17 guns by her Ma•
Jesty's ship Queen, 110, Captain Sir Henry J. Leeke, at
her inooring,s 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,
on the 16th, for Marseilles, with the overland
India mail fir England, brought from Alexandria by
the Ripon, which left for Southampton on the afternoon
of the 16th.

Nile, Egyptian war-steamer, arrived from Tripoli in
The Eszari Gdied, Ottoman war-steamer, and the
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 th.- Spitfire until
three, P.af , on the 22d. Neither Sir Edmund Lyons'
dispatches from Athens, which only arrived by the Lo-
castl me , morning i
theng of
monthlythe 232lQ—u L,‘
eonrcl
CuwleY's,
from
ftrh,emnPcir7nu
messenger. who arrived in the Achilles late on the night
sst aonnt i n theep
of the 22d—nor the lonian mails, which have not yet
arrived, by the Flamer, were in time fur the overland
took her departure for Southampton on
The Achilles d
having
~ .
of the 23 , a full cargo, consisting
the afternoon .
and Levant produce, and many
barley, opium,
of wheat, barl
these latter was Captain Joy, of
Among -'
paisengers.
and
Oriental
Company's Service, who for
the Penin:ular
mail by the Spitfire.
the last three m
o
mainly contributed t her succ• ssful and amazingly
.'Malta and Alexandria. This
has commanded the Ariel, and
univer,ally esteemed
la"r has been relieved by Captain
Caldbeck, who had returned from a short leave.
with naval stores, ar-
rivedquick voy:iges betownetthn ,s
The Baretto Junior transport, ,
Constantinople, on
screw steamer, for Liverpool from
damage in her
machinery, she will be detained a day or
the 22d; but having met with some
two to repair.
from Detford on the 20th and the Levantine
p
The Rodney made her numbe rom the Piraeus on
i.)
.
the evening of the 23d, but owing to calms has not yet
got into harbour.
having
On the 19th the Vanguard and Albion, after
had a cruise as far as Syra and watered at Puros, re-
turned to and were lying in Phalcrian Bay with the In•
flexible, bearing the flag of the French Rear-Admiral.
Turpin, and the Triton, ships of the line.

MONDAY

The Bonetta was at the Pira3n•; with the French war-
steamer Rubis, the Austrian brig Delphin, and the Aus-
trian schooner of war Elszabetta.

In politics there was nothing new, and the Grmco-
Turco question remained in statu quo.

PARLIAMENTARY DIVISIONS.

HOUSE OF LORDS.-JULY 2.

DIVISION O.NT THE QUESTION OF THE DISMISSAL
OF ALL THE SUBORDINATE OFFICERS UNDER
THE POOR-LAW COMMISSIONERS.

Nelson LORDS.
Lyttelton
Stradbroke Bolton
St. Germans Redesdale
EARLS. Ellenborough Colchester
Radnor LORDS. Whamllffe
Malniesbary Stanley

MINORITY.
EARLS.

DUKE.
Richmond
MARQUIS.
_

Exeter

Lord Chancellor

DUBE.

Norfolk

MARQUISES.
Lansdowne

Clauricarde

MAJORITY.
EARLS.
Shaftesbury
Cowper
Spencer
Fortescue
Chichester
Grey
Auckland

EARLS,

VISCOUNT.
Falkland

LORDS.
Beaumont
Wrottesley
Campbell

Devon

(From the Votes and Proceedings of the Hause of Comment)
FRIDAY. JULY 2.
HEALTH OF TOWNS BILL.
(IN THE COMMITTEE.)

Clause Twelve (That it shall be lawful for her Majesty,
upon the report of the Commissioners of Health, that this
Act should be put in force in any Corporate Borough within
the provisions of the Act for the regulation of Municipal
Corporations in England and Wales, or incorporated by any
charter granted in pursuance of the said Act or any Act for
the Amendment thereof, by the advice of her Privy Council,
to order that this Act shall be in force in such Borough) :
Amendment proposed, page 4, line 88, after the words," for
the Amendment thereof," to insert the words " and upon the
petition of three-fourths of the inhabitant householders
within such Corporate Borough :"—Question put," That the
proposed words be thera inserted." The Committee divided :
MINORITY—AYES, 27.
Arkwright, G. Granby, Marquis of Slbthorp, Colonel
Bennet, P. Henley, J. W. Sotheron, T.
Borthwick, Peter Hotham, Lord Stuart, John
Breadley, Henry Hussey, T. Trotter, John
Buck, 1.. W. Jolllffe, Sir W G. H. Tyrrell, Sir J. T.
Collett, John Lawson. A. Vivian, J. E.
Deedes, W. Paeke, C. W. Waddington, H. S.
Duckworth, Sir J. Palmer, Robert TELLERS.

Dugdale, W. S.
Entwisle, W.

Palmer, G.
Round, C. G,

Newdegate, C. N.
Spooner, Richard

MAJORITY-NOES, 73.

Aglionby, H. A. Grey, Sir George Perfect, Robert
Aldam, William Hall, Sir Benjamin Plumridge, Captain
Arundel, Earl of Hatton, Captain Polhill, F.
Baine, Walter Hawes, Benj. Protheroe, E.
Barnard, E. G. Hobhouse, Sir J. Rich, Henry
Berteley, H. Howard, C W.G. Russell, Lord John
Blake, M. J. Howard, E. G. Shell, R. L.
Brisco, M. Howard, P. H. Sheridan, R. B.
Brotherton, J, Humphery, Aid. Somerville. Sir W.
Brown, W. James, William Stanfield, W. R.
Browne, W. Jervis, Sir John ntrutt. Edward
Buller, Charles Kernble, Henry Thornely, T.:
Buller, Edward Labouchere, Henry Tomlin, George
Busfeild, William Layard, Major Trelawny, J. S.
Christie, W. D. Leader, J. T. Troubridge, Sir E.
Clay, Sir W. Lindsay, Colonel Turner, E.
Craig, W. G. Macaulay, T. B. Waltley, Thomas
Dalrymple, Captain M'Carthy, Alex. Walker, Richard
D'Eyncourt, T. Martin, John Ward, H. G.
Duncan, George Mauls, Fox Williams, W.
Elirington, Lord Monahan, J. H. Wynn, C. W.
Forster, M. Morpeth, Viscount
Gibson, T. M. Morison, General
Godson, Richard O'Connell, M. J.
Gore, Robert Ord, William
Gower, Leveson Parker, John

TELLERS.
Tufnell, Fleury
Hill, Lord Marcus

Clause Thirteen (That no Order in Council shall be made
for putting this Act in force in any town of which may part
is within ten miles from the cathedral church of St. Paul, in
the city of London, or in any town which is not such a Cor-
porate Borough as aforesaid, unless upon petition as is here-
inafter provided) :—Question put, " That the Clause, as
amended, stand part of the Bill." The Committee divided :

MAJORITY-AYES, 112.
Acland, Sir T. Forster, Mathew ()Terra% R. M.
Aglionby, 11. Gibson, Thomas M. Ogle, S. C.
Aldam, W. Godson, R. Ord, W.
Anson, Colonel Gore, Robert. Parker, John
Arundel, Earl of , Gower, Leveson Pechell, Captain
Baine, Walter Grey, Sir G. Plumridge, Captain
Bannerman, A. Hall, Sir B. Polhill, F.
Baring, W. B. Hamilton, Lord C. Price, Sir R.
Barnard, E. G. Hatton, Caput% - ' TrOttigtoet Edward.
Bellew, R. M. • Hawes, Benjahaia Reid, Colonel
Berkeley, Craven Hindley, C. .Rich; Henry
Berkeley, Captain Hobhouse, Sir John . Hominy, John
Berkeley, H. F. Howard, C. W. - Russell. Lord J.
Bernal, lialph Howard, E. G. Russell, Lord E.
Brisco, M. Howard, P. H. Rutherford, A.
Bretherton, J. Humphery, Ald. Saudon, Viscount
Brown, W. Hutt, William Shell, lt. L.
Browne, \V. Inglis, Sir R. Shelburne, Earl of
Buller, Charles James, William Sheridan, R. B.
Buller, Edward Jervis, Sir John Somers, J. P.
Burke, T. J. Johnstone, Sir J. Somerville, Sir W.
Busfeild, W. Kemble, H. Stansfield, W. R. C.
Byng, G. S. Labouchere, Henry Staunton, Sir G.
Cavendish, C. C. Langston, J H Strait, Edward
Cavendish, G. H. Lascelles, W. S. Talbot, C. R.
Chapman, B. Layaid, Major Tattered, H. W.
Christi., W. D. Lemon, Sir Charles Thornely, Thomas
Clay, Sir W. Macaulay, T. :Troubridge, Sir E.
Colebrooke, Sir T. Mackinnon, W. Vivian, J. IL
Courtenay, Lord ' Marjoribanks, S. - ' Vivian, Capt.
Craig, W. G. Marshall, W. Walker, Richard
Dalrymple, Captain Maule, Fox Wall, C. B.
D'Eyncourt, C. T. Mines, R. IC Ward, H. G.
Duncan, George Mitckell, T. A. Wood, Sir Charles
Militias, Admiral Monahan, J. 11.
Dirndl.. Sir i 5. id Morpeth, Viscount TELLYRS.
Ebringtori, 'Viscount Morris. David Tufnell, u
F.scott, Bickhant Morison, General Hill, Lord Marcus
Ewart, William O'Connell, 31.. T.

MINORITY—NOES, 70.
Adam!, T. D. Goring, Charles Patten, J. W.
Arkwright, George Granby, Marquis of Perfect, It.
Beckett, W. Grogan, Edward 'lepton, G. W. J.
Benett, J. Henley, J. W. Ito Heston, Colonel
Beresford, Ilajor Hervey, Lord A. Round, C. G.
Blake, Martin J. Itildyard, T. B. T. Russell; J. D.
Bodkin, W. 11. Horsman, Edward Sibthorp, Colonel
Borthwick, Peter Hotharn, Lord Sotheron, T. H. S.
Broadley, IL Hudson, G. Spooner, It.
Buck, Lewis W'. Ilussey, Thomas Stuart, J.
Clive, It. H. Jolliffe, Sir W. H. Tollernache, F. J.
Collett, John Lawson, Andrew Tollemache, J.
Colvile, C. It. Lindsay, Colonel Tomline, G.
Deckles, W. M`Carthy, Alexander Trotter, John
Denison, E. B. Manners, Lord J. Tyrrell, Sir J.
Martin, .r. Vivian, J. E.
Dennistoun, J.
Dickinson, I. F. Maxwell, Hon. J. P. Waddington, 11. S.
Douglas, Sir C. Miles, Philip W. S. Wakley, Thomas
Duckworth, Sir J. Newdegate,N. Williams, W.
Newport, Viset. Wynn, C. W.
Dinicoinhe, T.
East, Sir J. Norreys, Sir D.
Egerton, Sir P. O'Brien, A. S.
O'Brien, C.
Ent wsle, W.
Royer, John •• -- Palmer, It.
Palmer, G
Fuller, A. E.
______

TELLERS.
Dugdale, W. S.
Yorke, IL H.