The Sun.
London, England, 1802-01-13 00:00:00

FOURTH DAY.

This morning the Court assembled at nine o'clock,
and the prisoners were called on for their defence.
But Mr. BARRY, their Counsel, in their behalf; ac-
quainted the Court, that the prisoners were not
fully prepared, and that they requested the indul-
gence of three hours to enable them to arrange more
effettually the system of their Defence. The Court
readily granted the application; and adjourned over
for that period. At twelve o'clock the Court again
met. .

.THE DEFENCE.
•
John Mayfield being first called upon, bg delivered
in a paper, which was read by the JUDGE Atlvo-
c ATE, 3}.)(1 was, to the following- effea
Itir. . President, and Gentlethen of this Honourable Cart,
". For the first time in my life 1 am called upon to answer
before a Court-martial an accusation of any kind, more espe-
cially that of mutiny. Conscions of my innocence, I. shall
endeavour to remove the fatal efleas of the evidenee, which
supports it, Which I shall attempt to do with as little occu-
pation of the Court as the case will admit, wishing earnestly
- to give as little trouble as possible i therefore, added to the
acknowledgments I-am bound to-entertain for the patient and
laborious' hearing they have already.bestowed in the investi-
gation of the evideoce against me, I- have further to suppli-
cate a like exertion ofthe same eOnsiderate attention to the
. evidence I shall adduce in my behalf, convinced, that when-
- ever there shall appear any circumstance favourable to my
case, I
,shall derive frean'their j.ustice•and humanity every ad-
vantage of it, fur which my gratitude shall never cease to flow.
" I have served His Majesty several yearsr-without crime
or blemish ; I have uniformly poSseised the good opinion' of
my Officers, and my whole lite has been one uniform exera
thin to deserve it, by observing a (bac resped to them, and a
strict attention to my duty. I am consequently a man very
unlikely at.this, Period to falsity-such an opinion,. by a dis,
graceful adherence rorrintiny s as well as I can I shall endea-
-your therefore to remove the accusation; but if the evidence
I shallsbring forth will not, according•to' the. Articles of
War; and the stria rafts "of naval discipline, -amount to an
exculpation of the offence imputed to me, I have but one
resource left—an appeal, through the medium of your lin,
mane recommendation, to the mercy of that Sovereign in
defence of whose Person and Government' I have ever been
ready to shed the last drop of my blood. I fought ha the bat-
tle at Fiorenza Bay, and on the 7th of February voltmteered
my services to storm and take Fort Matilda; I did the same
at Toulon, at Convention Hill likewise, and never ceased to
do my duty."
Yames Chesterman was next called upon; and he delivered
' in e paper, which was read by the Judge Advocate, and was
to the tollowing died
Mr. President and Gentlemen of this Honourable CtUrt.
" It is next my unhappy lot to solicit your considerate at-
tention to my unfortunate case, and to callyour notice to the
evidence which I shall produce in my behalf, persuaded that
I shall meet from the wisdom and the discernment of the
Court, all that patient regard to my interest which their
justice may deem me deserving, and which the circum-
stances that I labour under will allow. In the evidence
of one of thZ: witnesses brought forth to support the
prosecution, it is stated,. that I entertained the intention of
committing murder. If the whole tenor of nay life
could he a contradiction to it; if the conduct I have
always displayed in His Majesty's Service, if the behaviour
I always Manifested in the Temeraire; to the instant I' waa
accused of mutiny, could contradict it, I think I should re-
fute the' foul charge. And here, in the presence, of Almighty
God, 'I most solemnly, declare, that so barbarous a thought
never entered my head. I Shudder at the bare mention
of it as .applied to Inc; . I know, hoWeVer, that anything
arising from my bare assertion, can be little moment ; but
I trust, I shall be able to produce such testimonZ as will re-
move the,accusatiop. For the rest i rely upon (Sod, and the
humanity and justice of this Court. I pretend not to more
intrepidity than Olhermen, but on this occasion I feel my-,
self justified in saying, that I have fought my Country's bat-
tles, and in all things did mythity as a Seaman ought, far,
froM disobedience, and farther from disloyalty- still, during a
hard service of nine years. I was in the battles of the Lath
March x7oe, of 13th of July, and the lath of February.
I served under Earl St. Vincent, and two Hon. Admirals of
this Court. I was 'present at the Blockade of Cadiz, in all
, the 4ctidadflit,' and did my duty there ashore when the
Tower aalaSsbOrrning'!"
35hn:17).0;kbithitid a paper to the following effect :
Pre.4di4ltx'and Gentlemen of this Honourable Court,
, • "Withtnii >ttlr4ddllfimility,' I beg to trouble the Court—
No man cancleteat the shameful crime of
Mutiny, alid:riii•rifib snore than 1 avoided it with more caution.
T shall prodube witnesses capable, I hope, of proving that ;
and forthat purpose, shall appeal to the Officers of the Ship.
Since I have been in the service, it was always my pride to
shew them obedience; and I hope that, upon this occasion,
they will do me the justice to say so. I am, however, accused
of the crime of mutiny, and I must endeavour to refute it
as well as I can. For that purpose, I 'shall call upon
these Gentlemen, and I trust, that so far froth manifesting
either dislike or disobedience, I took every opportonity of
giving such information of what Was unhappily transpiring,.
as in my mind would prevent mischief, and in the end, be-
nefit the people themselves. 1 have a mother, a -wile, and
two children, on their behalf, if in any thing 1 erred, 1 im-
plore commiseration, and supplicate mercy ; and in the
hands of you my Judges, placing my life, entreat that,
which of all things I consider, as -the greatest blessing yOu
can bestow, preservation from a disgraceful death."
..70/ra Ward was next called upon for his defence, and he
presented a paper, which Was also read by the judge Advo-
cate. After an expression of the, prisoner's abhorrence of the
crime of mutiny, the paper states as follow's :
" During five years faithful and loyal service, I have main-
• tained the character of a good seaman, true to my King, and
steady. to my Country. My life is now in the hands of the
Court, but I entertain humble hope and well-founded confi-
dence,—the life of a British seaman cannot be M safer hands
than in those of British Officers."
ThomaS Cross vvas next called upon. He presented a paper
in which he says
"-I humbly appeal to. your mercy-. It is not my inten-
tion to trespass on your time brattention by calling any other
witnesses but those to my charades, which has been hitherto
irreproachable. I always demeaned myself as was fitting,
and in every resped as a seaman should' I have an aged fa-
ther, who is supported chiefly by- my means, and for his
sake, more than my own, I implore pardon 'for my offences.
I acloowledge I have been led astray ; but I hope that will
not shut from me the door of Mercy. I have served flis Ma.
jesty seven years, and never once deviated from my duty."
Thomas .`ones delivered in a paper to the following eild
" I sincerely lament and deplore all the errors of my past
life; and I particularly repent that in any instance I should
manifest a diSobedience to my superior Officers. -I shall not
. trespass on the trouble or time or the Court, otherwise than
by. thus eipreising my contrition for what has been done, and
calling sTaan Gilitlemen character; adding, that it' the
COutt in its inerty w ll spare my life, the whole course and
canduA he one continued system of loyal
aal.beriarnirigiierneatiour, to shew my -gratitude for the gift
by all terwito,kcane liOwing therefore,. with deference,
and-with prdiallnd liktinility to the' Court, I commit myself
to its chatsiirsand inimauity ; and especially on the account
o'f an aged parent, whose lite-would he involved in my fate."
Whets he Cummins was called, he produced a paper, in
which he says:
k' Upwards of .mine years have I served. His Majesty with
steadiness
,and loyalty ' • and every Officer under- whom. I
served has given me a good character. I shall call, witnesses,
and; yitikpermission, examine them as to.the matters charg-
ed against me-; and,.trusting to the purity of my own mind;
',rid my innocence of the offences imputed to me, 4hall eon:.
dude with appealing to the Officers themselves of the
.Teme-
raire, to say, whether, during the whole time I belonged .to
'tile ship's company,'l-ever, upon an/ occasion, incurred t heir
tlispltitAire3 or. behaved tiaWorthy a SCMAfila -1 teuSilt `Ti ny

of my eottntrrs-battles: lovas Its the ictioft of the rat of
June, and that of the z3d of June, and behaved in all things as
I hope became •me."
William Hillier being called upon, his paper was read. It,
states as follows ;
" I have been nine years: in hard service, and conducted
myself all that time as a seaman ought. I have been M. many
actions ; I fought on the uith of February off Cape St. Vin-
cent, under the Noble Head of the Admiralty. 1 have been
in stoiming a Tower at-Cadiz, and in its blockade fought se-
veral battles in the boats ; I volunteered my services on shore
at Toole"), and at Fort Mulgrave. ',now prostrate thyself
before you, and if I shall not succeed in rumoring the accu--
sation against me, • let me supplicate mercy."
J. Fitzgerald wits next called upon. It his defencedie says,
I have served- flis Matesty faithfully and loyally during
a period of twenty-one ydrs, and in the whole of that time
without crime or blemish, cheerfully perthrmed my duty as
a subject and a scanian should. I regret, however,-that tor *:
moment my snit-ti was misled, and a sudden impulse seized
it upon hearing that we were going to the West Indies,
having long ex peaed to return to my home in Limerick, from
which I had been so long absent, and 'that peace being re-
stored, I might return- to my friends. The disappointMent
(with the-deepest sorrow, I acknowledge end deplore it) had
a momentary effect upon sly, mind, • but in the next instant
it subsided, arid I was ready to shed the last drop of my blood
in my King and Country's -cause. On no occasion -was it
: ever my habit 'to boast of nay services; but I humbly hope
that, upon this occasion, I may be allowed to mention some-
'of them,-and commit myself to the-care of the-Almighty, and
to the wisdom, justice, and commiseration of this Court:
I detest mutiny as much as any man in the Service, but I'
'shudder 'with horror at the cowardly crime of_ murder, with
the intention of which I am charged. That disgraceful
,stigma I hope t 6 wipe away from my .mem6ry; whatever be
•my fate,- and I trust in cod I shall be able to do it. .11eath
•has /to such terror 'to a British seaman as disgrace at that
tremble more than at the separation of my soul and•bodyr
have had hard service, and fought under several commanders:
On the tzth of April,. teB2,- under the gallant -Lord Rodney,
I bore :my-share, commanded by Captaill Rogers, in the Que-
bec/frigate. I volunteered my duty tm shOre at Grenada, and
assisted in cntelling the insurre6tion. I have all my life' since
I was- able, devoted myself :to my superiors, and rendered
obedience to 'their commands--In return for it I ithplore
mercy.,, •
Christopher White, when called upOne delivered a paper to
the Court, in Which he says :
" It is stated in support of the charge of mutiny exhibited
against:the, -that- I " unshipped- a ladder and called for shot."
I protest most solemnly. that I am innocent of each, and that
the testimony given:tit establish such accusations is founded
in error. .- As- well as I am able I shall endeavour to convince
the Court Of that, and leave the rest to their humanity and
impartiality. I have served the King nearly seven years, and
during the whole of that time I maintained such a character
as became a seaman." • - -
yehn Collins was next called on. In his address, he speaks •
as follows : •
" In addition to the charge of mutiny, I am' likewise at•-•-
cused of an' intention to commit murder.' I know that it
cannot.assist my case to assert any thing without being able,
by witnesses, to prove it,; but as it. is impossible for me to ,
produce tiny proof of what my intentions could possibly be,
I am left to the solitary support of but expressing my inne-
r eenee of that charge, which I do with all the
_protestations
' that 'a mind Incapable of the foul deed can utter: I hive been -
• nine years in-the service, without reproach. ; I have :,tiri• an •
occasions proved my -duty and my loyalty. •
,I Was; the,tirsr
in: the Valiant to propose six months pay towards the contras
bution for carrying on the war, and this •is the fith time iu
my life my character was called

SIXTH DAY.
SENTENCE.

This morning the Court met ac nine.o'clock, ancl
deliberated till two, when the .Prisoners being It
called in, the Depnty JUDGE AiDVOCATE proceeded
to read- their -respeaive sentences; ay:follows
At-a Court Martial held on board His Majesty's
ship the Glacii?tor, the 6th of January, :rBoz, and
continued by several adjournments, President, Sir
ANDREW, MITCHELL, K. B.;Vice Admiral of the
White, second Officer in command (here are rec;pi,
tulated :the names of. the Members of the Court)
pursuant to the order of the Commissioners foe.
Executing the Office of Lord High Admiral of Eng
land, and direeied to the President,. requiring &to
to try John Mayfield, &c. (recapitulating th
prisoners' names), including Edward -Taylor and
William Allen, Seamen belonging to .His ,Majesty's
Ship Terneraire, or such of them.as bave arrived at 1,
Spithead, for, 4:c., (recapitulating the charge,)
The Conn proceeded to' try the, said prisoners,
(excepting Taylor. and Allen, rot arrived at the he-
ginning of the trials, who have arrived at Spi thead,
for the crime with which they are charged, as.
.abOvementioned, and having heard the evidence
for the prosecution, and the defence made by the
prisoners, and what they had to alledge in supporr
thereof, and having maturely considered the whole
of the same, the Court are of opinion. that the
charges are proved against all, except Christ, White,
and doth adjudge them to stiffer Death, by being
hanged by the neck on board such slip of His :Ma:
jesty, at Spithead, or .in:Portsmouth- harbouciana:
at such time as the Lords- ComrhissionerS 'for e%.-
.ecuting the Office of Lord. High Adiniral of Eng'
land shitll dired, and the said John Mayfield, Bz-c,
(all except White,) are hereby ordered to suff.et
death, by being hanged by the neck as before-
mentioned, wand the Court is further of opinion,
that the charges, against Christopher White, are in
part proved, and cloth order and.adjudge him to re-
ceive zoo lashes on his bare back, on board 'such
ships at Spithead, 'or in Portsmouth harbour, and rat
such time .as the said Lords Commissioners. shall
direa, and the said Christopher_ White is ordered to
receive said zoo lashes accordingly.

Collins then said : " Permit me to return int
sincere thanks to the Court for the patience and
dulgence shewn. I acknowledge the justice of ttlY
sentence. I have violated the laws °lnv country,'
and ihediscipline of the navy but I dcclatc:to
mighty God•that the intention of murder never ell'
tered my head.. I solemnly call God to' wirnesg
this declaration, and trust to the truth of it all 01Y:'
hopes of pardon in the other world. May God prod:,
tett :the--BritiSh Isles, and. the Government !
may God receive my soul

At these words all the other prisoners then- eP:
clditned Amen.'

Chesterman then said, ' I hope they will allow
friend of mine to bury my-body y and concluded by
praying the Court to allow,him a little time to Vie",
pare himself for eternity.
The Presidevt replied,, ' That does not rat. Witt'.
us, :but with other authority.' - ,
Fitzgerald said, be offended against the Laws:
bathe solemnly declared, that he never entertained.
any intention olcommitting murder. •

TEST

UL n,,,

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