The Sun.
London, England, 1860-04-24 00:00:00

NAVAL COURT-MARTIAL.

A naval court-martial assembled yesterday on
board her Majesty's ship Victory, in Portsmouth
harbour, for the trial of John Clarke, a private in
the Royal Marines, belonging to her Majesty's ship
Edgar, on the charges ".of having, when the port
watch was ordered to fall in on the starboard gang-
way, endeavoured to delay and discourage the ser-
vice by falling in with that watch, when he Ix--
longed to the starboard, and by afterwards denying
that he knew to which watch he belonged;" and,
secondly, " for misconducting himself and disobey-
ing orders while being conveyed in the Edgar's
cutter to her Majesty's ship Victory." The Court
comprised—Rear-Admiral Sir H. Keppel, K.C.8.,
President; Rear-Admiral J, E, Erskine; Captains
Gordon, O'Callaghan, Hewlett, C. 8., Harris,
Hellyar, Wilson, Caldwell, C. 8., Strange, Vansit-
tart, Tumour, and Mackenzie.

After the reading of the customary formal papers
and correspondence, witnesses for the prosecution
were called.

Captain James Edward Baton, commanding her
Majesty's ship Edgar, being examined, deposed—
On the sth of April the 'lay after the ship's arrival
at Spithead from Lisbon, leave was granted to 50
of the ship's company-35 seamen and 15 marines.
Their leave extended until 7.30 on the 7th. Again,
on the 7th, the same leave was granted to the same
number of seamen and marines. On the 9th leave
was extended to 12 percent. of the ship's company.
This was extended to the seamen, but, as 12 ner
cent, of the marines were already on shore, leave
was not granted to them. On the afternoon of the
same day the marines, through their officers, re-
quested to see me. I was engaged at the moment,
and said I would see them shortly. Immediately
afterwards Lieutenant Storey, Royal Marines, re.
ported to me that the marines refused to dismiss.
I replied, " Never mind, let them remain, and I
will see them when at leisure." About a quarter of
an hour afterwards I went on the quarter deck and
ordered the marines to fall in there, and inquired
of them what they wanted. They said they wished
to know if their long leave was stopped ; that they
knew some of the Donegal's crew were on shore at
Portsmouth, at that time, and that it was hard they
mid not have the same indulgence. I told them
that, to the best of my knowledge, their leave was
not stopped. I could not speak for certain, but
thought when orders came from the Admiralty, re-
lative to fitting the ship they would probably get
their leave, and advised them to go to their work
quietly, for what they were doing was the wrong
way to get their leave. They then went away.
On the following day I was en board, between 1
and 3 p.m., when Commander Waddilove reported
to me that :the marines had been behaving in
an insubordinate manner, and that John Clarke,
the prisoner, had been behaving insubordinately,
by stating that he did not know what watch he
belonged to, and that he, the Commander, had in
consequence placed him in irons.
Captain Charles Louis, commander of the Royal
Marines on board the Edgar—On the 10th inst. I
was sent for on the quarter deck by Commander
Waddilove, and, in consequence of what then passed
between us, I sent Lieut. Cairneros's on the lower
deck to muster the port watch of marines on the
upper deck. They came up, but with them the
greater part of the watch below and some of the
guard, and all fell in on the starboard gangway. I
then, by Commander Waddilove's direct ions, ordered
the port watch to fall in 'on the port gangway. The
whole of the men passed over, and I then ordered
Lieut. Cairn cross to muster the starboard watch over
on the starboard gangway. This was done, and
reported to me. The starboard watch were then
dismissed, and Commander Waddilove went to the
port watch, on the port gangway, and ordered the
4th subdivision to man the yard whip. The whole
of the men of the watch, with some of the starboard
watch, moved aft to the whip. The Commander then
asked each man, or nearly so, what subdivision of
the watch he belonged to, ordering those that be-
longed to the 4th subdivision to stand fast, and
the others to go forward. The prisoner stated that
he did not know where he belonged, that he did
duties in both watches, and did not know what
part he belonged to, or words to that effect. The
Commander then asked me whether the prisoner
knew what part of the watch he belonged to.
I said he must know it. I was then ordered by
Commander Waddilove to have the prisoner placed
in irons in the fore cockpit. Two non-commis-
sioned officers were sent to carry out that order. I
produce my watch-bill and find that the prisoner
belongs to the 4th section of the starboard watch,
and there has been no alteration in the watch•bill,
except for a period of about a week in December
last, when the prisoner, I believe, did duty in the
port watch.
By the Court—The prisoner's manner expressed
dissatisfaction. In replying to Commander Wad-
dilove his words were respectful, but his manner
was sullen. When ordered by the Commander to
be placed in irons he went without remonstrance,
and said he would go quietly, or words to that
effect.

Lieutenant Swinburne, R.N., belonging to her
Majesty's ship Edgar, and John Bolls, the coxswain
of the cutter which conveyed the prisoners from the
Edgar to her Majesty's ship Victory, were shortly
examined for the defence, after which the Court
closed to consider its finding, which was read by
the Deputy Judge-Advocate, and found that a
spirit of insubordination had been shown by a por-
tion of the crew of her Majesty's ship Edgar, at
Spithead, on the 10th inst., and also found the
prisoner guilty on the charges brought against
him, and sentenced him to two years' imprison-
ment, with hard labour, in her Majesty's gaol at
Winchester, and at the conclusion of that period to
be dismissed her Majesty's Royal Marine forces
with disgrace.

The Court was then re-sworn, and immediately
proceeded to try James Mining, gunner, Royal
Marine Artillery, and John Menzies, Royal Marine,
on charges of having prevented Sergeant Lash-
bourn and Corporal Stack from putting John
Clarke, the prisoner in the last case, in irons, in
the fore-cockpit, and for having rescued him from
their custody."

The Conti found the charges not proved against
the prisoners.
The Court will re-assemble this morning and

proceed with the ttialofiie;CMaining cases, there
being yet 33 prisoners on board the Victory for
trial, belonging to her Majesty's ship Edgar.

THIS DAYS SHIPPING.

LONDON, April 24.—Wind this day at noon, North;
with rain and snow.
NEWPORT, April 23.—Wind N.W.—Arrived—Scandia,
from Cork, for St. Thomas.
CARDIFF, April 23.—Sailed—Jean Heloise, for Bilboa ;
Venezuela, for Singapore ; Young Eagle, for New Or-
leans ; Giacinto, for Constantinople.
CLYDE, April 23.—Wind N.W.—Arrived—Cusco, from
Callao. Sailed—Elizabeth Campbell, for Trinidad.
Hum., April 23.—Wind N.W.—Sailed.—Royal Alice,
for Madras.
SWANSEA, April 23 —Sailed—Swansea, from Caldera.
TEIGNMOITTH April 23.—Wind N.N.W.—Arrived—
Warbler, from gt. John's, Newfoundland.
CARDIFF, April 21.—Sailed—West Casselle, for Singa-
pore ; Olive Branch, for Callao; Rheine, Buenos Ayres;
Henrietta, for New York.

(BY ELECTRIC TELEGRAPH.)
SOUTHAMPTON, Tuesday Morning.
Wind E.N.E.
Arrived, April 23.—Jeune Armand and L'Etoile, from
Carentan ; Despatch, steamer, from Jersey.
Arrived, April 24.—Teutonia, steamer, from Hamburg ;
Alliance, steamer, from Havre.
Sailed, April 23.—Illinois and Wonder, steamer, for
Havre ; Courier, steamer, for Jersey.

(EY SUBMARINE AND BRITISII TELEGRAPH.)
GRAVESEND Tuesday Morning.
Wind N. by E., tide last hour's ebb, weather fine.
Arrived, April 23.—Columbia, from New Orleans.
Arrived, April 24.—Bertha, from Guernsey ; Gunnetts,
from Bordeaux; Saxenians, from Hamburg.
DEAL, Tuesday Morning.

Wind, E.S.E. ; moderate.
Passed.—Christiania, from New York, for London ;
Ulysses, for Calcutta; Isabella Blyth, for the Mauritius;
Almora, for Quebec; Margaret, for Miramichi—all from
London; her Majesty's ship Firebrand, from the west, for
the river.
Sailed.—Wynand, Austral, and Lizzie and Kate;
Batavia, for westward.