The Sun.
London, England, 1834-09-11 00:00:00

LONDON, THURSDAY EVENING, SEP'T'EMBER 11. 1834.

COURTMARTIAL ON LORD JOHN HAY, TI-IE
OFFICERS AND CREW
OF HIS MAJESTY'S SHIP CASTOR.

The following is the evidence of the Court-martial, the
substance of which we gave in our paper of yesterday :
The proceedings commenced on the 6th, on board the
San Josef guard-ship, at Plymouth.
A copy of a letter from Lord John Hay to the Admi-
ralty, was read by the officiating Judge-Advocate, convey-
ing Lord John Hay's expression of the painful regret with
which he acquainted their Lordships with the unfortunate
and melancholy accident by which great loss of life and pro-
perty had been occasioned. Lord John Hay refrained from
making any comments upon the distressing event, deeming
that the Board would cause a strict investigation, which
himself and officers were most desirous of meeting.
After reading this letter and the letter of their Lordships
ordering the Court-martial, the officiating Judge-Advocate
called

William Gibson—Was gunner of his Majesty's late cut-
ter Cawlcon. Was on board the 27th of August last. I
was in my hammock about six o'clock. In the morning,
about day-light, I heard somebody holloa. I don't know
whether it was our own people. I jumped upon deck, and
saw a large vessel right aboard of us. I caught hold of a
rope. The cutter went from under me, and I got aboard
the large vessel, which proved to bo the Castor frigate. I
was quite stagnated when I first got on board before I re-
gained my power of speech. I ran down in the galley, and
saw nothing more.

By LorciJohn—What part of the cutter's crew did you
see when you came up ?—I can't say that I saw any one.
Who had charge of the watch on board the cutter ?
Mr. Carthew.

By the Count—Got into the Castor ()'er the cathead,
Desired to be landed at Dover. The frigate lowered three
boats to save the crew after the accident, and picked up
four boys ; one other man was saved—Thomas Newman.
Thomas Newman, mariner on board the Camekon,
sworn—Was on board the 27th of August. We were
called at four o'clock ; about half-past five saw a sail in
shore. By the mate's orders a boat's crew, myself one,
went and overhauled a lugger, called the Georgiana, and
returned abroad. When we came alongside, the mate said,
" Jump out, my lads, and take a reef in the mainsail."
After some time, and when nearly finished taking in the
reef, Colebrook sung out, " My God here's the frigate
close aboard of us ;" and I
sung out to the frigate to keep
away. It sung out " Frigate a-hoy !" twice. We were
all standing together at the time. I saw Arnold close by
my side. We all sung out. I heard the mate call out
" Mr. Pratten" through the skylight. He then ran down
the companion. In an instant, the frigate struck us just
abaft the lee chains, and ran her over upon her larboard
side. I had hold of the main runner at the time, and made
an attempt to lay hold of the frigate's bower cable with my
left hand. One or two men jumped overboard. When I
was hauled in, I could see no more of the cutter. I went
on the forecastle, and there saw Gibson, the other man that
was saved. We went into the galley, and some time after
were sent for to the quarter-deck. They Were shortening
sail, and heaving-to. Was asked by Lord Hay what vessel
we belonged to, and whether we had not seen the ship, and
what we were doing at the time ? Lord Hay took a list
of the persons saved, and what was lost. Went below, and
afterwards went ashore at Dover in the Coast Guard boat
about half-past ten.

By the COURT—We did not see the frigate till within
half a length of us! Could not see her, as We were reefing
mainsail at the time. Fine weather—moderate breezes.
Could see the French land. The shock was instantaneous.
The officer of the watch was by the companion. It was
impossible for the cutter to get clear. We had no way on
her. It is not usual to have any particular person on the
look-out ; all were supposed to be on the look-out. Very
often heave the vessel-to to look round. I saw no person
after but Gibson. The frigate lowered her boats down, and
every exertion was made. The people were then short-
ening sail. I'ieked up two boys, Drew and Yates ; they
were both in the water swimming. The cutter had set her
third jib and foresail—foresheet to windward ; helm lashed
to leeward, and one reef in the mainsail. Cloudy over head.
The breeze Was lit lineti to treshOla

By Lord Sohn Hay—There were no steps taken on board
the cutter to avoid the frigate after I hailed her that I know
of. It was not possible for the cutter to have cleared the
frigate ; we had no way on the vessel ; she was too close.
By the Couar—Had the frigate seen us, and 414 away
half a point, she vt`duld hate cleared tn. A yaw of the fri-
gate would have cleared us, as she took us abaft the lee
channels. The frigate was sailing free, but no studding
sails set. I think she had her courses, topsails, and top-
gallant sails. I won't be certain about her courses. I think
if any one had been locking out they milt have heard me
when I hailed i therm Wat half a minute between the time
of hailing and that of striking. I can't say what course she
was steering ; she took us rather in a slanting position, her
starboard bow againtt our istarbbard charnel, abaft the lee,

By Lord John Hay—You said there was half a minute
transpired between your hailing the frigate and her striking
the cutter. Can you say from the time you first saw her
whether you think she altered her course at all ?—I can't
say, the time was too shorts
Charles Yates; aged 15,-..---tras on board the Canteleon
cutter on the morning of the 27th of August, when the
accident happened. Came on deck about five o'clock.
Mr. Carthew, the mate, George Terrell, boy, Colebrook,
Newman, and Arnold, seamen, and Danield Ford, a boy,
were there. The men were ordered to the lugger. bi
in d
not go with them, They returned about 20 minutes,
and were ordered to take a reef in the mainsail., They had
hut quite finished doing so when Colebrook said, " here is
a frigate under our lee," on which I looked and saw the
frigate. She was then a mile off. Mr. Carthrew ordered
the ensign and pennant to be hoisted. He and Colebrook
next hailed the frigate. She was by this time close down
t. 9 us: They paid it Ahoy! 3L
-:(keep a% ay'.) They Paid
nothing else. This they repeated together loudly. Wit-
ness did not cry out. Mr. Carthew ordered the boat up.
Heard no answer from the frigate. Thinks she was near
enough for the people on board to have heard her. Mr.
Carthew pulled off his coat, and ordered the boat up, and
four jumped into her--George Terrell, Drew, Ford, and
himself. Heard Mr. Carthew sing out the Commander's
name. The frigate was then close oil its; The cutter
turned right over on the boat, Did not ,jump outs Held
fast by the boat till I was washed out. Was down under
water a little, and then came up astern of the frigate.
George Lariterion was the next witness—ls a Coast
Guardsman at Townsend batteries, hover. Was Oil duty
as a day watchman at the batteries on the 27th of August.
Was looking out towards the sea, and saw a revenue cutter
hove-to, Which afterwards proved to be the eanteieott.
Thinks she was about 31 miles from the shore, on the lar-
board tack. There were several vessels in the offing in
different direttiOlis. Tiva fishing smacks between the shore
and the cutter. Saw the Castor frigate coming down alretit
six o'clock in the morning. When witness saw the frigate
first she was coming down on the starboard tack. She was
about the same distance from the shore. The cutter had
an ensign on her peak end. Did not see it hoisted. Could
not make out the pennant: It was not exactly at the time
he saw the frigate that he flaw the colOtirS; ft Was about
five minutes after he saw the Castor that he saw the ensign
at the peak-end of the cutter. Saw the Castor run into the
cutter, and the cutter fell over on the larboard side, and the
frigate went over hen Then waited till the frigate went
her length ahead to see if the cutter would rise again, but
not seeing her, I called my officers, and wo launched our
boat and proceeded with four hands besides myself to the
spot. There were two steamers, the Firefly and the Sala-
mander, went out at the same time.

....
By Lord Sohn bay—Are you a sailor by profession ?
des i I lioVe served my time in the Falmouth packets,
and have been 13 yearx in the Coast Gaurd service.
Did the edsto appear to be steering a steady course
until she came in collision with the cutter ?—Yes, she ap-
peared so. to the:
l rem th 6 diaaad you were from the cutter at the time
she was struck, are you able to say, to any certainty, whe-
ther she was laying-to at the time she was so struck?
Yes, she was.
By the COURT—Did you see any attempt to wear away
the cutter ? No ; but there might have been.
This ended the evidence for the prosecution.
The Court was then cleared for about ten minutes.
On resuming, Lord John Hay was called upon for his
defence.
His Lordship asked if he were to consider the prosecu-
tion closed ? The DEPUTY JUDGE-ADVOCATE replied in
the affirmative, but stated that the Court may at any
period call witnesses.
Lord John Hay—Am I to be at liberty to call on any
officer or man belonging to the Castor as witnesses ?
PRESIDENT—That will be a question for us to decide when
they are called.
Lord John Hay addressed the Court, repeating that
himself and every officer and man in the ship were desirous
to facilitate the inquiry—that he had consulted with the
officers, and would name those on the watch--viL•, James

111‘Cleverty, third Lieutenant, officer of the watch ; Alex-
ander Weir, master, steering ' • Marcus Knox, mate ;
Robert Hopkins, midshipman of the watch ; Thomas Car-
michael, signal midshipman James Draver, quarter-
master ; and Joseph Hopkins, yeoman of the signals on
deck. Mr. M'Cleverty had the care of the watch. Lord
John Hay was not on deck.
Tho names were read over by the Deputy Judge-Ad-
vocate,
When Lord John Hay, addressing the Court, said he
appeared for himself and officers to be at liberty to call as
witnesses all the officers and crew not in the list.

Court cleared. On being opened, Mr. Eastlake read a
minute of Lord John Hay's application, and the answer of
the Court, viz.—" The Court was not to be considered as
making any pledge, but the Court saw no probability of
Lord John Hay's being deprived of the advantage, if such
it should be considered, of calling all or any of the officers."
Lord John Hay then applied for an adjournment, stating
that, not being at all aware what he might be called upon
to provide, he should require a little time to make the ne-
cessary arrangements for the defence.
PRESIDENT—There can be no objection to give the time
asked for—nine o'clock on Monday morning.

SECOND DAY.

The Court assembled a few minutes after nine.

George Charles Desport, clerk of the Castor, handed
in a book containing a list of the officers and crew of the
ship at the time of the accident, and, being sworn, stated
that the list was correct, containing also the names of three
men at the hospital, and that he was himself on board the
CdAbr at the time.

Lord John Hay then addressed the Court at some length.
The following letter from Lieut. M'Cleverty, the officer
of the watch, detailing the transaction, was then read :
" His Majesty's ship Castor, at Sea, Aug. 27, 1834.
" My Lord,-1n compliance with the directions contained
in your Lordship's letter of the 27th instant, I have the honour
to acquaint you with all the circumstances within my know-
ledge which led to the destruction of his Majesty's revenue
cutter Cameleon.

" About six a.m. this day I observed a revenue cutter bear-
ing W. S. W., distant about two miles on the larboard tack,
appearing to be standing across tx9 ( Castor's starboard bow).
Having previously received your Lordship's orders to shake a
reef out, and make sail, I piped the watch and idlers, ' Make
sail,' and sent the men aloft, when I heard the Master call out
' Starboard,' hard a-starboard.' On looking a-head I ob-
served a cutter close under our bows, head to wind, her mast-
head jut clear of the weather-leach of the fore-sail. I im-
mediately let go the boom-sheet, the helm being put up. The
ship not answering it sufficiently quick, we struck the cutter
on the starboard quarter. Observing her heel over, I imme-
diately ordered the helm to be put down, turned the hands up,
shorten sail,' and lower the quarter boats. The ship by this
time was head to wind, with the courses up, distant about a
quarter of` a mile from the wreck of the cutter. The boats
succeeded in picking up two boys, two men having previously
climbed over the bows of the ship at the time the cutter was
struck. The ship was steering, at the time this melancholy
accident occurred, W. by S., going eight knots, the Wind
N. N. W. ; Dover N. N. E. ; the South Foreland E. N. E.,
under courses, double-reefed topsails, top-gallant sails, jib and
spanker,-4 have the honour to be, my Lord, your Lordship's
very obedient servant,
(Signed) "JAMES J. M'CLEVEIZTY, 3d Lieut.
" To the Right Hon. Lord John Hay, Captain of
his Majesty's ship Castor."
John Pyke, First Lieutenant, sworn (the Court inti-

mated to Lieutenant Pyke that he was acquitted, and that,
therefore, any evidence be might give would not affect him)
—Having ascertained that every thing was correct and
the anchor clear for running, called the watch at five, and
delivered OVer charge of the ship to Lieutenant M'Cleverty ;
desired him to get the decks washed y then went to Lord
John Hay's cabin, and reported to him that the ship was
secure. He was at this time in the after-cabin, partly
dressed, examining the charts. Then went below. At five
minutes after six heard that the frigate had run down a
cutter. Immediately ran upon deck, hove the ship-te, and
attended lowering three boats to save the cutter's people.
After ascertaining that every thing was done for this pur-
pose attBrifled to the sails. A revenue galley came off
from the shore to offer assistance. The Castor was about
three miles and a half off Dover. Lord John Hay did not
come upon deck when the ship was got under weigh. There
was a sharp wind from North-west. On such occasions
he sugers greatly fittn the effects of a wound he received in
the service. It is Lord John Hay's habit to come upon
deck on all occasions to superintend the ship's duty.
By the COURT—Before you gave charge of the ship to
Lieutenant M'Cleverty, on the morning of the 27th of
August, did you give any directions for a strict look-out ?
—I knew that there were two signal men on deck, a signal
midshipman and a signal mate, and from the general vigi-
lance observed, and knowing that every confidence could
be reposed in Lieutenant M'Cleverty, I did not conceive
such a- direction necessary.
What is the genetal custom on board the Castor, re-
specting look-out men at the mast-head ?---At sea there is
generally a look-out man at the mast-head, but on going
near the land, the look-out man is left with the signal-man
upon deck. He repeatedly goes to the mast-head with his
glass, and there are two men continually on deck, who are
excused from other duty for the particular purpose of look-
ing out.
To other queries Lieut. Pyke replied that the mate of
the watch was stationed on the forecastle, and that the
hammocks were tilt StoWed in the nettings.
The Hon. Frederick Thomas Pelham, Second Lieute-
nant, son of the Earl of Chichester, sworn—As officer of
the watch inform the Court what was the practice on board
the Castor with regard to the look-out men ?—The look-
out man Is always at the mast-head during the day, except-
ing early in the morning, and when the watch is fully em-
ployed, then the signal-man with a glass goes aloft to look
out in lieu of the mast-headman ; and when working in the
Channel there arc so many vessels passing round us, the
mast-headman is generally oileidered of no use, as he would
but cause confusion to the officer of the Watoh by reporting
so many vessels on any appearance of thick or hazy wea-
tee; At nine a look-out man is kept in each bow, in each
gang-way, and oil 64 weather quarter, and visited occa-
sionally by the officer of the watch, They call out every
half hour in the names of their respective stations. •
By Lord John.—Were the regulations you have stated
strictly attended to on board the Castor ?—Yes. The Cap-
tain is constantly on deck In the day time, and in the night
whenever there is the slightest occasion for his presence.
Edward Monk Power sworn.—The orders were that a
constant and strict look-out be kept, that no vessel heave in
sight without being observed with the glass, and if a vessel
of war, or belonging to the lloyal Yacht Club, to be imme-
diately reported to the Captain.
This closed the evidence on behalf of Lord John Hay.
His Lordship applied to the President, and Captain
Lockyer, one of the Members of the Court, for their
of the Castor and her crew, which;were given in very
complimentary terms.
Lieutenant M'Cleverty then read his defence.
Mr. President and Gentlemen, Members of this Ho-
tworable Court,—As the officer in charge of the watch
on board hig Majesty's ship Castor at the time the
melancholy accident occurred which occasioned the loss
of so many lives, and the destruction of his Majesty's
cutter Canzeleon, I am called on to state to you my
defence. I shall do this by relating, as concisely as
possible, the duty I was actually performing at the mo-
ment, and verify the statement by witnesses who I shall
hereafter name, leaving it entirely to this Honourable Court
to draw such conclusions in my favour as in their superior
judgment they may consider the circumstances merit. I
cannot enter further into the case without expressing the
deepest sorrow at the sad event, and it is but a trifling
alleviation to my feelings that the prompt exertions of the
officers and men of his Majesty's ship Castor were the
means of saving those who have appeared before this Ho-
nourable Court to give evidence. I deem it a duty I owe
myself and this Honourable Court to state that being called
on shortly after the' accident by Captain the Right Hon.
Lord John Hay, to acquaint him with all the circumstances
within my knowledge which led to the melancholy event, I
addressed to his Lordship a letter dated the 27th August,
to which I beg leave to refer this Honourable Court, in
order that it may be compared with this statement. I took
charge of the morning watch at five a.m. At half-past
five Lord John Hay sent for me to the cabin, and after in-
quiring the state of the weather, desired me to shake a reef
out, and make sail as soon as the decks were finished wash-
ing. About six a.m., I saw a revenue cutter bearing
W;S.W., distant about two miles, she was on the larboard
tack, and was standing towards the shore. I concluded
she would cross our course far a-head of the Castor, which
, she certainly must have done had she not reefed, and the
circumstance made no further impression on me. Within
a very few minutes afterwards, in execution of his Lord-
ship's orders, I proceeded to shake a reef out. I piped
the watch and idlers, and sent the men aloft. I was in the
very act of giving the necessary orders, and directing my
attention to the men aloft, when I heard the master call
out " starboard, hard a-starboard." The helm was imme-
diately put up, and on looking up I saw the cutter close
under our bows, head to wind, her mast-head just clear of
the weather leach of the foresail. I immediately let go the
boom-sheet. Thy ship not answering sufficiently quick, or