The Sun.
London, England, 1845-09-27 00:00:00

NAVAL INTELLIGENCE.

THE EXPERIMENTAL FLEET AT DEVONPORT."-The expe-
rimental fleet is fast prcgressing in its refit in Plymouth
South. Rear-Admiral Sir Samuel Pym, K.C.8., the newly-
appointed Commander-in-Chief, has taken up his quarters
on board his flag-ship, the St. Vincent, 120, Captain Rowley,
but still continues his superintendentAiip of the dockyard,
which duties he will not relinquish until the fleet sails. The
Port• Admiral, Sir John West, K.C.8., went off in his barge
to pay a visit to Sir Samuel Pym, on Wednesday.
The court-martial on Lieutenant Frederick Leigh, of the
Stromboli steam-sloop, Commander Fisher, was commenced
yesterday. Mr. Thorn, the experienced Paymaster and
Purser of the Superb, SO, Captain Corry, will assist the pri-
soner in his defence.

THE COMMAND IN CHIEF AT PORTSMOUTH.—AdmiraI Sir
Charles Ogle, Bart., will hoist his flag as Commander-in-
Chief at Portsmouth on the Ist of October.
The Conway, 26, Captain Kelly, arrived at the Mauritius,
July 17, from Bourbon.
The Vulture, steam frigate, Captain Macdougal, arrived at
Rio Janeiro, on the 23d of July, from Devonport.
The Porcupine, steam surveying vessel, Captain Bullock,
left Boulogne on the 23d inst., to commence a survey of the
French coast.

The Comet steam-vessel, Lieut. Commander Prettyman,
left Devonport, on Wednesday, for Portsmouth.
The Bloodhound steam-vessel, Lieut. Commander Phillips,
drew charts for the Mediterranean, at Devonport, on Wed-
nesday, was paid advance yesterday, and was then to have
sailed.

The Dee troop transport, Master Commander Driver.:with
a portion of the 49th Regiment on board, started again from
Devonport for Kingstown on Wednesday morning.
The Daring, 12, Commander Matson, arrived at Ports-
mouth, from Plymouth, on Wednesday. When in the offing
she saluted the flag of Rear-Admiral Hyde Parker. The
Victory returned the salute, and telegraphed the Daring to
keep under weigh (the order for her being docked at this
port having been cancelled). After lying to at Spithead for
a short time, she received orders to proceed back again to
Plymouth, and made sail through the Needles for that place.
Two French steamers, the Caiman, Captain Du Tonne,
and the Pluton, Captain La Morche, arrived at Sheerness
on Tuesday, from Treport. Having taken on board a sup-
ply of coals and water, the Caiman left on Wednesday to
return to Treport. The Pluton was to have left yesterday.
A sapient " Observer," of Sheerness, asks the editor of a
morning contemporary the reason why no salute was re-
turned by the Britisn Admiral to that fired by the French
steamers? One would suppose that, being on the spot,
this close " observer" would have known that the flag-ship,
the Trafalgar, 120, is with the experimental squadron ; that the
ordinary guard-ship, the Ocean, 80, Captain Arthur, C. 8., is
in dock, with her guns out ; the June, 26, in commission
by Captain Blake, but fitting out, with no powder on board;
and the Snake, 16, Commander Devereux, with her powder
and stores, returned to the dock yard.

NAVAL COURT-MARTIAL.
(From the Devonport Independent.)
A court-martial assembled on board her Majesty's ship
Caledonia, 120, Captain Manly Hall Dixon, on Thursday, for
the trial of Lieutenant F. G. Leigh, second of the Stromboli,
steam-frigate, upon charges preferred by John Ryan, stoker
of the Stromboli.
It will be recollected this court-martial was ordered while
the Experimental Squadron lay at Cork, but through the
illness of Admiral Parker, it was postponed. The Admiralty
instructions were now issued to Rear-Admiral Sir S. Pym, who
has assumed command of the Squadron, and that Gallant
Officer officiated as President of the Court.
The Court sat at ten o'clock, at which hour a gun was
fired, and the proceedings almost immediately commenced.
The following officers composed the Court :—Rear-Admiral
Sir Samuel Pym, K.C.B, President ; Captain C. Rowley,
H.M.S. St. Vincent, 120 ; Captain Sir B. Walker, H.M.S.
Queen, 110 ; Captain E. ollier, H.M.S. Rodney, 92 ; Cap.
taro N. Lockyer, C.B. H.M.S. Albion, 90 ; Captain F.
Moresby, C.B. H.M.S., Canopus, 84 ; G. Eastlake, Esq.,
Plymouth, Deputy Judge-Advocate.
The prisoner was assisted in his defence by G. Thorn, Esq.,
Paymaster and Purser, of her Majesty's ship Superb, and J
Elworthy, Esq., solicitor, Plymouth.
The charge, setting forth that John Ryan, a stoker of the
Stromboli, complained that on the 3d of September, Lieut.
Leigh applied to him a variety of opprobrious epithets, and
struck him two severe blows; that he further ordered him to
go fourteen times over the mast-head, and to be placed on
the black list for fourteen days, having been read, the evi-
dence was proceeded with.
John Ryan sworn—l am a stoker on board her Majesty's
steamer Stromboli. On. Wednesday morning, the 3d inst.,
while washing the deck of the Stromboli, at Tarbert, I was
ordered by the prisoner to move a tub, and at the same time
he called me ab— son of a b—h. I said to him, I am
not a son of a b—h ; he then told me to hold my tongue
and go and stand in the gangway; I did so, and while there
he struck me under the ear, from the effect of which I stag-
gered. He then ordered William Hooper to throw a bucket of
water over me ; the water was thrown, but I escaped it. Mr.
Leigh then called the master-at-arms and ordered him to cane
me; h e did so, and I then said I would acquaint the Captain with
it. He said, " I'll Captain you." I was then ordered to go
over the mast-head fourteen times, the prisoner saying at the
same time " D—n vour eyes, I'll work the engine oil off
your b—y liver." your
went over the mast-head seven times,
but was unable to go more from illness. He then ordered the
master-at-arms to put me in the engine-room hatch, and,
put me 14 days on the black list, and in the Ist watch.
By the COURT-It was to keep the Ist watch that I
was ordered. The letter which I forwarded to Com-
mander Fisher, was written by one of my watch-mates ; the
letter was written between eight and nine in the morning of
the day on which the prisoner struck me ; the letter now pro-
duced is a correct copy of that letter. I believe it was
the custom to write letters to the captain, rather than to
complain to him on deck. I can write myself but not well.
Robert Penderblan wrote the letter, but he never wrote a
letter for me before. I believe it was between six and seven
bells in the morning that I was struck. I did not see the
captain on deck between that time and the time of writing
the letter. I have not known of any other letter respecting
complaints having been written to the captain, but on other
matters letters have been writen. I have no knowledge
of Penderblan having written letters for others of the ships'
company.
William Brunsden, private of Royal Marines, sworn: On
the 3d Sept. I was on the deck of the Stromboli, and I heard
the prisoner order John Ryan to move the tub, which he did.
He ordered him to move it a second time, which he did. He
then called him a d—d son of a ; Ryan said, no sir. I'm
no son of a b—b. I then saw Mr. Leigh strike him with his
fist in the neck twice, and then he ordered the boatswain's
mate to heave a bucket of water over him. The boatswain's
mate threw the water, but it did not go over the man. The
remainder of this witness's evidence was in corroboration of
the prosecutor's testimony.
By the COURT—I cannot say whether, if provocation be
given, it is right for men to reply to their officers when
abused : I have always been accustomed to do what I've been
told to do, but I cannot answer for other people. Ryan had
come out of the doctor's list a few days previously. I have
stated all that I heard pass between Ryan and the prisoner.
I saw no gesture or manner in Ryan which was calculated to
provoke Mr. Leigh. I did'nt know of any letter having been
written to Captain Fisher, until I was called on 'deck in the
evening by Captain Fisher.
By the prisoner—There has not been a complaint against
me for violence to Lieut. Leigh.
William Hooper, boatswain's mate, sworn. He corrobo-
rated the testimony of the previous witnesses. He was the
man who was ordered to throw the water over Ryan, but did
not do it.
By the Court—My reason for disobeying the order given
me was, because I did not like to heave it over the man. All
I heard Ryan say was that he would report Mr. Leigh to the
captain. Ido not think Ryan moved as quick as he ought
to have done, but I did not see anything further than this
which was an aggravation on the part of Ryan. To my
knowledge no complaint was ever made by a man against an
officer on the quarter-deck.
William Taylor, master-at-arms, sworn. This witness cor-
roborated the testimony of the preceding witnesses, and, in
answer to a question from the Court, he said he had never
before been ordered by. the prisoner to cane a man. Saw
nothing contemptuous in Ryan's conduct towards Mr. Leigh.
William Thompson, able seaman, also gave evidence in
corroboration.
By the prisoner—l never said to a man named Thomas,
servant of the prisoner, that he, the prisoner, was a severe
officer, and a bad fellow, and that I and others would do all
we could to get him not only out of the Stromboli, but out
of the service.
This was the case fur the prosecution, and the prisoner
having solicited time to prepare his defence, an hour was
granted, and the Court ordered to be cleared.
DEFENCE.
Upon the Court re-assembling, a short defence was read by
Mr. Thorn, in which, after an expression of regret that the
Court should have been called upon to inquire into the
charge then under investigation, an appeal was made to the
mercy as well as to the justice of the Court if after hearing
the whole of the evidence which would be laid before them,
they should be of opinion that the errors of which he had
been guilty (if he had erred at all) were errors of judgment
rather than otherwise—errors occasioned by the contemptuous
and insolent manner of the witness Ryan, whose previous bad
conduct had no less than seven times subjected him to punish-
ment, his offences being respectively fighting, the use of bad
language, neglect of duty, quarrelling, fighting, and upon
two occasions, insolence to superior officers. The circum-
stance which gave rise to the charge, which was the subject
of the present investigation, was, as had been already proved
in evidence, the removal of a tub, by Ryan, in obedience to
his (prisoner's) order; but this was done so slowly that he
was obliged to repeat the order before it was complied with.
Attention was also directed to one or two trifling discrepan-
cies in the testimony of the several witnesses, and it was
denied that he had ever acted tyrannically, or even severely,
towards those placed under his command. He also stated,
that when he ordered Ryan to be caned, he was not aware
that he was a stoker, but judging by his youthful appearance,
believed him to be a boy; and no sooner was he made ac-
quainted with the fact that Ryan had been recently suffering
from ill health than he remitted the punishment which he
had imposed, and which would, he believed, have been more
severe had he made a report of Ryan's conduct to his
superior officer. Allusion was also made to the unusual
course adopted by Ryan, of writing to the commanding
officer instead of making a verbal complaint, and
in reference •to the alleged breach of the Admiralty
printed instructions, a hope was expressed that if it should
appear to the Court that he had not attended to those instruc-
tions, they would discriminate between wilful disobedience,