The Sun.
London, England, 1802-03-17 00:00:00

PASSENGERS PER GEORGZANA.

Captain Luard, late Conintandzr of the Svc allow ; and Mr.
Leopold Fitchet.

PASSENGERS PER LORD THURLOIV.

Mrs. Sewell, Mr. and Iklrs. Hughes, Major-General Tolson,
Col. MlNeal, Captains Tone and Blair, Lieutenants
Watson, Bovine, Hunt, Perring and Hamilton, Ensign
Pillichady, and Messrs. Brounker, and Leslie.

Gr Gnat Ht LLARS BARLOW, Esq. had been ap-
pointed Vice President at Fort William, during the
absence of the Governor-General, who was at
Mongheer, when the Georgian,: lett Bengal.
Yesterday the LORD MAYOR, after examining
the Returns of the Mealweighers, and the average
prices of Wheat and Flour, which was considerably
higher than last week, found himself under the dis-
agreeable necessity, according to the Aa of Parli-
anent, of raising the 'mead Two Assizes, or Four-
pence in the peck loaf, to take place to-morrow ;
the quartern loaf will then be sold for Elelien
Pence Three Farthinri.,

Frets the LONDON GAZETTE, March i 6, 1802.

# .
• Whitehall, Mareh 16, 1262..
The King haslbeen pleased to grant:the:dignity of a taros
of the United Kingdom or Great Britain and Ireland to the
Right Honourable George Lord:Rivers, and to the Heirs
Male of his Body lawfully begotten, by the Name, Stile and
Title of Baton Rivers, of Sudely Castle, in the. county of
Gloticestei ; with remainders.to the Right Honourable Sir
Wiliam Augustus Pitt, Knight of the Most Honourable
Order of the Bath, and General of His Majesty's Forces,
(Brother of the said George Lord Rivers,) and to the Heirs
Male of his Body lawfully begotten ; and to the Issue Male
. successively of Peter Beekford, of •Stapleton, in the county
of Dorset,' Esq. by Louisa Beckford, his late Wife, deceased,
(Daughter of the said George Lord Rivets,) and the Heirs
Male of their re4pettive Bodies lawfully begotten.to

;Par...Office, March z 6.
rlitegimcnt of Life Guards, Cornet and Sub-Lieutenant
Lawrence Neville to be Lieutenant, by purchase, vice
Kingsley, promoted in the Queen's German Regiment.
Lieutenant George Treadle'', from the isth Foot, to be
Cor-net and Sub-Lientenant, vice Neville.
Coldstream Regiment of Foot Guards, Surgeon 'John T.
Simpson (from the Invalids at the Tower of London), to
be Suon of the Regiment, vice Gilharn, who exchanges.
John GordonG Macken•zie, Cent. to be Assistant Surgeon,
*ice Burnall, promoted. -
3d Regiment of Foot Guards Ensign Robert I+4ercer to be
Lieutenant by purchase, vics Robinson, who retires.
!St Battalion of the Ist Regiment of Foot, Ensign S. B.
Torrens -to be Lieutenant, without purchase, vice Vance;
who retires.
4th Regiment of Foot, Ensign-John Francis. Byrne,. from
the 69th Foot, to be Lieutenant, by purchase, vice Sut-
ton, who retires_
isth Regiment of Fact, Major Duncan Macdonald to be
Lieutenant-Colonel, without purchase, vice Lord Sinclair,
who retires. Captain Thomas Sidney Beckwith, from the
Rite Corps, to be Major, by purchase vice Macdonald. •
16th Ditto, Lieutenant Robert Grant, from the 7rst Foot,
to be Captain, by purchase, vice Nanglc, who retires.
34th Ditto, J. Lambert -Heat ley, Gent. to be Ensign, by pur.
chase, vice Brown, promoted.
44th Ditto, Colin Meekisson, Gent. to be Ensign,' by pur.
chase, vice Edgar, who retires.
.3oth Regiment of .:,00t, Thomas Mac Gfegor, Gent. to be
„Ensign, by purchase, viee Walker, promoted id the .18th

'Foot:
tst Ditto, Mathias Abel, Gent. to be. Ensign, by purchase,
vice Williams, appointed to the 24 Light Dragoons Joht
E ley, Gent. to be Ensign, by purchase, vice Macpherson,
removed to the 9th Foot. •
gth West India Regiment, Captain Henry.. Edward Bunbury,
from tile t6th Light Dragoons, to be Major, by purchase,

vice Lauteal, who retires.
A Corps of Riflemen,- Lieutenant John Stewart to be Cap-
tain, by purchase, vice Backwith, promoted in the tsth
Foot. Ensign Richard Green, from the gth Foot, to be
cettrod Lieutenant, by purchase, vice Mitchell, promoted.
Major Armstrong's Levy, Thomas Hoirow, Gent. to be En-
sign. Edward Ommaney Wrench, Gent. to be Ensign.
'INVALIDS.

Surgeon John Gilliam, from the Coldstream Foot Guards,
to be Surgeon to the I irdependent Companies of InValicls
at the Tower, vice Thompson, who exchanges.
tit Devonshire Regiment of Pc.lunteer. Laval y.

Robert -"crewman, Geat., to be Comet, vice Sanders, de.
ceased.

Kiircairx Volum:4er hif4retry.
Second Lieutenant John Stewart to be First Lieutenant.
John Stewart, jun. Gelit. to be SeeOnd Lieutenant vice
Stewart.

Pjympton Si. Voluniemr.

George Strode, Esq. to be Captain.

Su.),4m.rea Yetluittar.t..
•
Captain-Lieutenant Rees Jones to oe Captain.
Lieutenant john Bowen to be Captain- Lieutenant, vice

•
'ones
To be Lieutenants—Ensign Edward Holbrooke, vice Bowen..
Ensign Francis amine, vice Verrott, who resigns. Ensign
D4vid-HOpkins.
To be Ensigns.WilLi4rn Robert Grove, Gent,. vice Hol-
brooke. )antes Holbrooke, Gent. vice Blaine. Joseph
Jones, Gent. vice Hopkins.
•

eneel a very ready ,obedience to his sur:riors,
when in this condition. What testimony he gave
was, ,however, similar to that of, the other Wit-

messes.

There were then .called three othei Witnesses,
two Sailors and.. a Corporal of Matines, the sub-
stance of whose testimony- (Tor they did not -appear
to have individually observed the whole transaction)
was this—They stated, that the Lieutenant was
sent on the 6th of January, in the command.of the
launch, to procure necessary stores for the ship.
It vpearekafterwards, from the testimony of the
Commander, Captain_ Digby, that the ship- was
destined to the Wesl'lndies, and ordered to com-
plete her stores
,with all possible expZ.klition. 'ln
the evening of the 6th, after being employed the
whole day in this service-, the Lieutenant was pre-
paring to return—much _time had been lost in col-
letting the men, and one had wholly deserted—
that the wind was against them, and the tide be-
ginning to make ; and that a short delay would
prevent the boat reaching the ship that night. In
faet, it was past seven an. the evening, after hard
labour of nearly three hours, before they were able
to return to the ship, distant not four miles. All
the Witnesses proved several of the boat's crew
much intoxicated, Tarticularly the deceased, who
was described 'as staggering on the quay before.he
entered the boat. The deceased
,had taken posses-
sion.of an oar, which he was'unable -to manage,
and -impeded the stroke of the rest, So that the
boat conic' make little. way.. The Lieutenant sent
another man to take his oar, who returned, saying,
Fagan would not permit him to have it—the Lieu-
, tenant sent him forward again, with orders to take
the oar, and called to Fagan to give it to the other.
This order beinrrepeated, and not obeyed, but the
unhappy man still persisting that he was fully com-
petent, and would retain his oar, the Lieuternint
stept forward with the tiller of the boat, on which
his hand was= then placed, and struck on the arm,
first the man, who being commanded to take the,
oar had not, and then Fagan, first on his arm, and
repeating the blow a second time; it fell on his
head.' After some further struggle the oar was
taken from him, and be lay in the bottom of the
boat. lie was taken on board,:and died the next
morning. _ .

The:::urgeon of Haslar Hospital, Mr. Stevenson,
was then called, to prove the blow the cause of the
death, but knowing not whose bOdy he had exa.
mined, the judge thought he could not receise the
evidence. Here was expeCletl that the trial
would close :,--But the Prisoner and his Counsel,
anxious, that after the verdict given before the
Coroner, the subjea should be fully investigated,
admitted the body examined to be, that of Fagan.
The Judge yet doubting how: far, he ought to accept.
an admission from a, Prisoner on -trial for his life,
the Prisoner's Counsef'named a Witness, whom they
had brought, who could prove the body of Fagan

while they Were obedient, to the command of their
officers, he would' take care they were' well used.
No complaint4as made. • The first suggestion of.
Allow he heard was from. L,iettr. LotWidge himself,
wbo on the Saturday complained to•him• of reports
which prevailed on shore, that a'Wow he had "given
was the cause. of Fagan's death, and requested the
Captain to dire& inquiries to be 'made: Captain
Digby called the surgeon and.surgeon's - mate, who
concurred in titinking the thing impossible. On 'it
message from the Coroner on Sunday, Lieut. -Lut-
widge requested 'leave to attend the Coroner, and
Went on shore with the witne,sseSd The Captain did
not attend the Inquest, but he saw Lieut. Lutwidge
in the hospital.walking.befOte the door-, when the
Jury were sitting.

Captain Digby gave Lieutenant Lutwidge the
highest charatter----he had hourly opportunities of
observing his conduit to the men. He was hu-
mane and beloved. He had
_generally chden him,
for detached service in preference to others. The
Captain had on the 6th, when the accident happen-
ed, been himself on shore, and had
_delivered to
Lieut. Lutwidge a letter indorsed, "on 'service,"
which it was his duty to deliver, without delay, to
the first Lieutenant on board. The ship was pre_
paring for service in haste; being under orders for
the West Indies.

Lieut.„ Park of Haslar Hospital, proved that
Lieutenant Lutwidge attended-the. whole day at
the hospital.—He;applied to•witness.to'proeure ad-
Mittaneefor 'the:witnesses, and appeared anxious to
promote;the inquiry.
Henry ,Warren, a seaman, proved more -distinfilY
than saiie -of the other witnesses the repeated order
to quit 'the oar, and the obstinate refusal of the de-
ceased—that after the blows struck he remained on
the seat and otruggled to retain oar-----that nei-
ther. himself nor any other, .as he believed; appre-
hended the deceased htirt, or he should have called
the surgeon.. He spoke likewise to the humane
condut,t. 'of the prisoner, and the sense of his:condua
entertained by the whole crew.
Sir Thomas Williams, who commanded the En_
dyrnion, and under IvhOrn the prisoner Lieutenant
Lutwidge served from December 1,79.7, to -July
rBOO,. said they were in aaive service the whole
time—.-very competent to speak: to his temper and
disposition, of which he spoke in .the highest terms;
He` neyer.had occasion to reprove him but once, . and
that was for beingmore mild. andindulgent,than the
nature of the case would admit, He added, that
ha*Ving taken a valuable 'prize, he had s,eleacd
Lieutenant Lutwidge to' entrust him with the com-
mand, and was perfedly satisfied with his eandUCl.

Lientioant Austin, who served with him in the
Endytnion.)spoke of him in similar tertns--he had
daily opportunities of observing hitn ; he was of an
excellent dispo3ition ;
,humane and kind.to the men,
and universally beloved.

Captain Bartlenbin, 'of the Marines, also of the
Eudymion, joined in the same testimony—Lieut.
f.ndwidge was mach in his view ; he had frequently
seen him under circumstances sufficient to
but he had always shewn an excellent temper: Con
stantlylipon aaiveservice, be ever 'observed him
humane; and lie-•'ws universally beloved by every
man and boy -in the blip. * -

Lieutenant M‘Killup, First Lieutenant of the
Resistance, who, lived with Lieutenant Lutwicige,
gave him a similar charaaer—mild and good
tempered, as an officer and gentleman on every oc-
casion.

Here the judge 'asked the Jury if they thought
any thing could be added to this head, of evidence,
he should be unwilling to stop the
,Defendant's
Counsel 'unless the Jury were satisfied.. The jury
all declaring themselves perfeCly satisfief!,
Counsel then paid they should abstain froth calling
the other Officers.of the Resistance, or two of the
crew, who were deputcd to speak the unanimous
sense of the whole ship's company, but begged
leave to call one witness, to' a period to 'which the
other witnesses could riot speak. •
Admiral llacres' then proved that the prisoner
was in :his ship two. years and nine, months before
he went to the Endymioh. I-lis temper WAS
that he should as soon have suspected such an acci-.
dertt,would happen to himself asMr.'Lutwidge. I
always (he-said) felt a peculiar regard fOr him troth
his good conduCt, and have since retained a. sincere
friendship for him, and received him with .pleasure
into my fathily.
What did equal honour to the Prisoner and the
Witnesses,' these gallant men were so agitated in
delivering their. testimony, that several of them
found it difficult to
.'articulate. They appeared to
speak from.the, heart.
The Jury without hesitation, acquitted the prig°.
her of murder; but found him guilty of man-
slaughter, 'after some- little deliberation. When
the-Tury said guilty of manslatighter, .an involun-
tary enression of disapprobation . 'escaped. from
many of the audience, . not sufficiently relleCting,
that the use of an improper instrument of corree,
tion, rendered a verdict wholly acquitting him im-
possible.