The Sun.
London, England, 1847-08-26 00:00:00

NAVAL INTELLIGENCE.

PORTSMOUTH, WEDNESDAY. - A court-martial,
comprising Rear-Admiral Hyde Parker, C. 8., Pre-
sident, Captains Pasco, of the Victory ; Plumridge,
of the Cambrian ; Chads, C. 8., of the Excellent ;
Warren, of the Trimcomalee ; Eden, of the Am-
phitrite ; and Mr. G. L. Greetham, Deputy Judge-
Advocate of the Fleet, assembled this morning, at
nine o'clock, on board the Victory, 104, ordinary
guard-ship in this harbour, to try John Connor,
able seaman, of the Agincourt, 72, Captain John-
stone, for striking his superior officer, Mr. George
Herrick Burnaby, naval cadet of the Agincourt.
The first witness called was Mr. George Herrick
Burnaby, naval cadet of the Agincourt, who deposed
as follows :—I was carrying on my duty as officer of
the watch on the fore-castle of the Agincourt, on or
about the 27th of April last, from the 6 to 8 watch
in the evening ; the forepart of the watch was em-
ployed in shifting the topmost studdingsail, when I
observed the prisoner on the weather (starboard) side
of the forecastle making a noise and swearing. I
commanded silence, when he replied, " Yes, you
b—, you have as good as taken my life from me,
and I will take yours." He then came up to me as
I was standing on the booms, made the same threat,
and struck me in the mouth with his fist. I then
called Mr. Mason's (the boatswain) attention to
what had happened. I then got off the booms, and
he struck me again about the body, he took hold of
me by my shirt and coat-collar and tried to throw
me down. Mr. Mason, the boatswain, then seized
him, and took him away from me. I went aft and
reported what had happened to Lieutenant Reed and
Commander Patey, the former of whom was officer
the watch. Commander Patey then ordered the pri-
soner to be put under arrest.
Captain Johnstone (the prosecutor)—Had you
made any previous complaint against the prisoner ?
I had.
Was it daylight when the attack took place ?—Yes.
Did the prisoner appear excited by drink or not ?
—He did.
By the President—How long, before the assault
took place, had you made a complaint against the
prisoner ?—That morning.
Had you any conversation with the prisoner be-
tween the time of your making the complaint and
the assault ?—lsio.

You have stated, in your report, that the prisoner
said to you, " You have as good as taken my life
from me, and I'll take yours, if I am hung for it."
Was that language made use of or not ?—lt was.
What were you on board at that time ?—A naval
cadet,

By the prisoner—Did I strike you first, or get
hold of you first ?—You struck rae first.
President (to the prisoner)—You had better be very
guarded in what questions you put to the witnesses
without advice.

The prisoner declined asking any other question.
Mr. George Mason, boatswain of the Agincourt,
was then called end examined. He said—l was on
the forecastle getting the toretopmast studdingsail
made up. Connor (the prisoner) came past me and
went before me on the foreside; he was in a great
passion, and commenced swearing. I looked at him,
but I did not know what he meant by swearing, or
whom he was swearing at. I never saw him conduct
himself in that way before, until Mr. Burnaby sang
out to him, calling, " Conway, keep less noise. He
(the prisoner) answered and said, "My name is not
Conway; my name is Connor; you swore my life
away this morning." The prisoner's topmates de-
desired him to hold his tongue. He jumped over the I
topmast studdingsail upon the head of the topmast,
where Mr. Burnaby was standing, and there struck
him. Mr. Burnaby collared him ; they came off the
topmast together down on the studdingsail. I
jumped over the men who were on their knees making
up the sail, and collared him, and brought him away
aft on the quarter-deck, while Mr. Burnaby made
his complaint to Lieutenant Reed. Commander
Patey was there at the time. This was on Tuesday
evening, the 27th of April, perfectly daylight (the
ship at :sea at the time, between Penang and the
Cape).
The President--Did you hear the prisoner make
use of this expression to Mr. Burnaby-4, D—
you, you —, you have as good as taken my life
away this morning, and I'll have yours ?"—I heard
him say, " You have as good as taken my life away
this morning." Nothing more, that I heard.
Did you see the prisoner strike Mr. Burnaby ?—I
am positive he struck him, and I saw Mr. Burnaby
with his lip swollen afterwards.
Had the prisoner hold of Mr. Burnaby's collar
when you collared him to take him aft ?—When I
seized the prisoner I was right behind him. I took
him by the back of the neck, and slewed him right
round, face aft.
Where did the prisoner do his duty in the ship ?
In the foretop.
Did you hear Mr. Burnaby call out to you ?—No,
sir ; I did not give him time.
Captain Plumridge—Did you see the prisoner
strike Mr. Burnaby more than once f—No.
Did you hear Mr. Burnaby make use of any lan-
guage to the prisoner, or the prisoner to him, whilst
they were struggling on the deck ?—Not that I
heard. I jumped over immediately and collared
him. _ _ _

Was the prisoner drunk or sober ?—Drunk.
So bad as not to know what he was about, do you
think ?---Yes, sir; worked up to a pitch almost of
madness. He had tears in his eyes when I saw him.
Do you attribute his apparent madness to drink-
ing, or to excitement at what had been said of
him ?—To both. I should think one had worked

with the other.
Captain Chads—What was Mr. Burnaby's language
that it should have excited the prisoner us you have
stated do not know of any language that could
have provoked the prisoner.
Did you hear the prisoner make use of the word
" b-- ' at all to Mr. Burnaby?—Yes.
Was that expression made use of after Mr. Burnaby
had called him by the name of Con way?—After.
Prosecutor—Do you recollect the language of '
Mr. Burnaby made use of when he ordered silence to
be kept ?—He said, " Silence, Conway," or " you
Conway."
piilid he make use of any violent language to the
T riscte,time.?—None.
wn
tr, ask any questions of this
wasiGt next called
M'Coy, quarter-master of tne
called and examined.
Captain Johnstone—Did Mr. Burnaby make use of
any exciting language to the prisoner when he or-
dered silence to be kept ?—Not that evening as I
heard. _ _ _

-----
President—Did Youhear the prisoner make use of
the word " —I cannot say that I did.
Did you see the prisoner strike Mr. Burnaby in
the mouth'—NO, sir; I was making up the sail at
that time. I saw him (the prisoner) take hold of
him, and was partly off the booms at that fir:ie.
Do you mean when you saw him off the booms that
the prisoner had hold of Mr. Burnaby ?—Yes ; he
was then coming down.
Had the ship's company been at quarters before this
took place?—l think they had. I had been doing
duty on the forecastle.
Was the prisoner drunk or sober P—Drunk.
Do you consider that he was so drunk that he did
not know what he was doing?—He could not know
what he was saying—he could not speak plain.
Captain Pasco—Could you observe any injury Mr.
Burnaby had received after they were separated ?
No, sir. _ _ _

Captain Plutnridge—Did you see the prisoner
strike Mr. Burnaby when they were struggling on
the deck ?—No.

Did you hear any language pass between the pri-
soner and Mr. Burnaby whilst they were struggling
on the deck ?—No ; there was a great noise.
The prisoner declined to ask any questions of this
witness.

ra
ted Henry I
in
p alrtob thes one,seaman, y
idence o was f
the
l acsatl
witness,, an
apparently somewhat reluctantly and equivocally.
The prisoner asked this witness no question.
William Kerslake, seaman, also corroborated the
foregoing testimony.
Commander George Edwin Patey, of the Agin-
court, proved the fact of the prisoner having been
reported to him by Mr. Burnaby for the offence
alleged in the charge, and ordering the prisoner below
in irons, and that the latter appeared at the time in a
great state of excitement, and was muttering com-
plaints against Mr. Burnaby. Witness continued,
" I reported the circumstance afterwards to Captain
Caldwell, the commanding officer of the ship, who was
at that time dining with the Admiral."
President—Did the boatswain corroborate all the
circumstances of Mr. Burnaby's " report ?"—Not the
whole ; 1 think only the fact of his having struck
him.
Captain Plumridge—Did you examine any other
witness except Mr. Burnaby and the boatswain be-
fore you made your report P—Not any. I considered
the boatswain's corroboration of it was a sufficient
warrant for my placing him in irons until I had an
opportunity of reporting him to the commanding
officer of the ship, which I knew I should have to do
in the course of an hour.
During that hour did you examine any other wit-
nesses ?—I did not.
Captain Chads—What was the state of the pri-
soner ; was he drunk or sober ?—Apparently labour-
ing ander the excitement of drink.
Was he in such a state as not to know the offence
he was committing in striking Mr. Burnaby ?—I
should think not : he must have been aware of it.
The President—Were you doing duty as the senior
lieutenant of the ship at that time was.
The prisoner asked this witnes-4 no questions.
Lieutenant Reed, who was officer o
the watch at
the time the prisoner was reported to him by Mr.
Burnaby, was then called, and statad p
the
the report made to him byaturn of
Mr. Burnaby, and also of

NING, AUGUST 26, )847.

Commander Patey's having ordered the prisoner
below ini rons immediately after; he deposed, also,
to the excited state of the prisoner, but whether from
liquor or the act he had just committed he could not
;ay. The prisoner made some observations on going
down the ladder, which, to the best of witness's be-

liet, ~e uttered distinctly, and appeared to be perfectly
aware of what he had been doing.
By the President—Did Mr. Burnaby, at the time
he made the report of the prisoner's conduct, _com-
plain of the prisoner having used threatening language,
besides striking him ?—I do not recollect.
Do you not recollect the boatswain's accompanying
Mr. Burnaby at the time he made his complaint ?—I
do not recollect.

..._
Did you not remark Mr. Burnaby's face when he
complained to you, or did he complain of having been
struck by the prisoner in the face ?—I did remark Mr.
Burnaby's face, but to the best of my recollection he
merely spoke to the prisoner having struck him. I
saw no marks on his face.

Captain Plumridge—Did the boatswain make any
statement whatever to you ?—No ; I have stated be-
fore that I do not remember the boatswain being there
at all.

Was the first complaint made to you or to Com-
mander Patey ?—To me.
Then, did you instantly report it to Commander
Patey ?—No ; Commander Patey overhearing the
report, ordered the prisoner below.
Did you attend, or was your attention drawn cff
to other duties, while Commander Patey made the
investigation P—There was no investigation made at
that time.

The President—When was it made then ?—The
next day.
Captain Plumridge—Were you present then ?—I
was.

Commander Patey recalled.
The President Are you quite sure that the
boatswain was on the quarter-deckiat the slme time
with the prisoner, when he (the boatswain) corrobo-
rated Mr. Burnaby's complaint?—He followed Mr.
Burnaby along the gangway beside the prisoner. Mr.
Burnaby made the first report, but when I questioned
the boatswain about it I will not be certain that Mr.
Burnaby was within hearing.
Did the boatswain state that the prisoner had
struck Mr. Burnaby ?—Either that he had struck
him, or was about to do so, and that he had seized the
prisoner by the collar and dragged him away from Mr.
Burnaby.
Where was Lieutenant Reed at the time the boat-
swain stated this ?—About the fore part of the quar-
ter-deck on the starboard side.
Was he near where the boatswain was standing, or
was his back turned towards him ?—I do not particu-
larly remember, but he was there during the first
report.
Captain Plumridge—Can you state to the Court
the precise language used by the boatswain when he
corroborated the report of Mr. Burnaby ?—To the
best of my remembrance his report was, he had heard
a scuffling on the forecastle, and, on ooking round,
observed the prisoner struggling with Mr. Burnaby,
and attempting to knock or throw him down, and that
he then rushed forward and seized him by the collar,
and forced him towards the quarter-deck.
Did he (the boatswain) mention any language that
the prisoner made use of ?—He said, that the prisoner
had said Mr. Burnaby would swear his life away, and
called him a —, or some other abusive and coarse
term.

Captain Pasco—During the report made by the
boatswain to you, was the officer of the watch in a po-
sition to hear any part of that report ?—I did not par-
ticularly observe.
The court was now cleared, but was re-opened in
a minute or two, and the clerk of the Agincourt was
called to produce the ship's books, which were put in.
The complaint-book of the ship was then referred to,
and proved the registration of the prisoner as to the
time of his entrance on board the said ship, his age
(27), rating, &c. The ship's book was also referred
to to prove Mr. Burnahy's connexion with the ship,
his position therein, &c.
_ _

The prisoner was hen called upon for his defence.
He said he had none to make, but threw himself on
the mercy of the Court, relying on his former conduct,
and the time he had been in the service, and also
begged the Court to consider he had a wife and child
depending on him for support.
At the recommendation of the Court the prisouer
retired with the Judge-Advocate to put into writing
what he wished to allege in his defence.
The court was then cleared, and remained closed
about twenty minutes, when it was re-opened, and
The JUDGE-ADVOCATB said, as the prisoner's de-
fence, that he referred them to his good conduct
when in the Implacable, 74, a certificate of which he
produced ; he further stated he had been on the black
list for a month prior to the present charge, and had
been thereby so irritated that he got drunk on the
day in question, and if he struck Mr. Burnaby he
did not intend to do it, nor did he know that he had
struck him.
The prisoner then called upon the following officers
of the Agincourt to give him a character :
Captain Johnstone—The prisoner's conduct has
been decidedly good. He has done his duty in the
foretop since I commanded the Agincourt. Ido not
recollect the prisoner having been reported for any
offence before the one under investigation.
Commander Caldwell stated that the prisoner was
generally a well behaved man ; he had known him
particularly during the last 20 months, since he (wit-
ness) had been commander of the Agincourt.
Commander Patey stated that during the time he
was commanding officer of the Agincourt (nearly 12
months) prior to Commander Caldwell's joining, he
(the prisoner) was an exceedingly well-conducted
man, he only having received one trivial complaint of
him during the whole of that time, since which to
the time of the present charge his conduct, as far as
it had come under his (witness's) observation, had
been very good.
Lieutenant Reed stated he had always considered
the prisoner to be a remarkably steady, active, and
attentive seaman ; he had never had occasion to re-
port him, and, with the exception of the present
crime, he did not think he had ever been reported to
his captain during upwards of three years that he
(witness) had been in the Agincourt.
John Smith, master-at-arms of the Agincourt,
stated that he had known the prisoner eight years an d
seven months, during which time his character had
beer no,l. to the best of his recollection. He never
was reported: on to. -„,arter-deck, either for drunken-
ness or any other crime, -I„ring the five years and
seven months he (witness) had in the Agin-
court. The prisoner had been reported bet once to
Commander Caldwell, for being below during hi.;
watch on deck. With this exception his character
had been good during the whole of that time.
Captain Pasco (to witness)—Has the prisoner
been kept in irons ever since the 27th of April last ?
—Yes, but he had one hour's exercise in the fore-
noon and one hour in the afternoon on the main deck,
under the sentry's charge.
This closed the trial. The court was now cleared,
and remained closed about three-quarters of an hour,
when it was re-opened, and, the members having put
on their cocked hats,

The JUDGE-ADVOCATE pronounced the following
as the finding and sentence :—" The Court is of opi-
nion that the charge hath been fully proved against
the said John Connor, and doth adjudge him to suffer
death by being hanged by the neck on board such
ship of her Majesty, and at such time, as the Com-
missioners for executing the office of Lord High
Admiral of Great Britain and Ireland, or any two or
more of them for the time being, shall direct; and
the said John Connor is hereby ordered to suffer
death by hping hanged by the neck tl.b aforesaid ac-
cordingly. But, in consideration of the long previous
good character of the prisoner„the Court beg leave to
strongly recommend him to the favourable considera-
tion of the Lords Commissioners of the Admiralty."
The prisoner (who during•the whole trial appeared
but little concerned for his awful position) was then
removed in custody of the provost-marshal, to await
the decision of the Admiralty as to the execution or
remission of the sentence.
It must be borne in mind, that the Court in passing
this sentence had no discretion ; the Act recently
passed, enabling them to pass any other sentence than
death for the offence committed, not coming into ope-
ration until the Ist of January next.

Her Majesty the Queen Dowager arrived in the
Clarence-yard under the escort of Mr. Stevens, of the
South-Western Railway Company, from Gosport,
by fast train, at ten minutes to three o'clock this
afternoon, en route to Ryde, Isle of Wight. Rear-
Admiral Hyde Parker, C. 8., Acting-Commander-in-
Chief, Captain Superintendent Sir Edward Parry,
Captains Pasco, Chad; Eden, and other distinguished
officers, naval, military, and civil, received her Ma-
jesty on alighting from the train; a guard of honour
of the 52d Regiment was also on the ground. Rear-
Admiral Parker conducted her Majesty to the Ad-
miralty barge, in which she was steered by Flag-
Lieutenant the Hon. J. W. S. Spencer to the Fire
Queen steam-yacht, Lieutenant-Commander John-
son, whish conveyed the royal party to Ryde, under
salutes from the Victory, Excellent, Agincourt, and
platform ; the ships with yards manned. Her Ma-
jesty will reside at the Pier Hotel. Earl Howe and
Lady, and Miss Gore, are in attendance upon her
Majesty.
His Highness the Prince Callimaki, his Excellency
Sarni Pasha, M. Zohrab, Ottoman Consul-General,
and a distinguished suite, arrived at this port this
afternoon on a visit to an establishment at Southsea,
where a number of Turkish noblemen are being
educated to fill distinguished posts in the Ottoman
empire. The illustrious party sojourn at the Rail-
way Hotel, Gosport.
The Curagoa, 24, Captain Broughton, dropped
down to St. Helen's last night, at sunset, and sailed
this morning soon after daylight for Chatham, to be
paid 0ff,..„LW.4 - ""'144

Great fears are entertained for the safety of the
Philomel, 10, Commander Wood, which left Env:land
some months since for the Coast of Africa ition
No tidings whatever have been heard of this vesel
since she ;eft. She has not touch-A at any of the
intermediate ports, nor haVe any letters been received
from any one on board. The Mariner, 12, Com-
Mander Matheson, which sailed two months after the
Philomel, has arrived on the station long since, but
gave no tidings whatever of the Philomel, which was
overdue sixteen weeks.
The Cormorant steam-sloop, Commander Seymour,
was to sail from 'Valparaiso on the 12th of this month
for Spithead, with a freight of 1,000,000 dollars on
merchants' account. She was at Valparaiso, all well,
the 27th of June.
Captain Robert Stopford, eldest son of the late
Admiral Sir Robert Stopford, Governor of Green-
vich Hospital, is, we believe, appointed to the Asia,
84, as Flag-Captain to Rear-Adiniral Phipps Hornby,
just appointed to the chief command in the Pacific,
vice Sir George Seymour, whose term of command
has expired. We congratulate the Gallant Admiral
upon having so good and efficient an officer as
Captain Stopford for his Flag-Captain. Lieutenant
Geoffry Ilornby, son of the Admiral, will be his Flag
Lieutenant. _ _

The Agincourt, 72, Captain Johnstone, sailed this
evening for Devonport, to be paid off.

POLICE INTELLIGENCE.

GUILDHALL.

John Taylor, a boy about 14 years old, was charged
with ill-treating a cat.
Mr. Charles Hawkins, of Great Knightrider-street,
an accountant, stated, that on passing down St. An-
drew's-hill that morning, he saw three boys chasing
a cat with sticks. The prisoner was one of them, and
the end of his stick was armed with a goad, for the
purpose, no doubt, of inflicting pain on all the animals
that came within his reach. The cat sprung up a
hatch door in the hope of escaping, but the prisoner
prevented her by a smart blow with the stick, which
broke her back. The boys immediately separated,
and the prisoner was walking along slashing his stick
as if striking at an imaginary cat, when witness
seized him. The cat belonged to Smith's livery-
stables, and Mr. Smith stated that he had another cat
lying in the stable with a broken leg. The boys in
that neighbourhood made a practice of maiming or
killing all the cats that came within their reach.
Mr. Alderman Ginas asked the prisoner what he
had to say to this charge of ill-treating a cat ?
The prisoner denied that he had done so, but did
not explain why he had armed his stick with a goad.
He stated that he was an errand boy to an optician.
Mr. Hawkins stated that he was quite sure the pri-
soner was the boy who struck the cat on the back.
Mr. Alderman Gums said he would endeavour to
check this practice by filling the prisoner 21., or im-
prisoning hi:n for a fortnight.
The boy was unable to pay the fine, and was com•
mitted.