The Sun.
London, England, 1829-09-12 00:00:00

"SSIIN)
, 1 1
how adside, which he had not. then ascertained, conducted him down to Captain Bathurst in tile
but which the COurt now have ; and ibis established cockpit. And further, I deny that I was reproved '
before them that the Genoa never did, during the by the Vice-Admiral, or that at any time I acknove
battle, fire her larboard-broadside; besides that, this hedged my recollection of having conducted hint
of the Genoa not using her springs, is in contradic- into tire cockpit, as stated in the Vice-Admirale :
,1
tion to the public despatches of the Vice-Admiral, letter of the 14th of June, 1829; for neither of
and orders issued by him after the battle in com- i those occurrences did take place; and the Vice- I
mendation of all ; and the beautiful position she Admiral, in his letter of the 17th of July, wholly
took could not have been taken if her springs had omits this part of his charges, and from whence I I
not been used ; and Capt. Curzon, as well as Capt. am to submit that he therefore then abandoned it.
Baynes, admitted that she had never altered her po- " Then, Sir, as to Captain Bathurst being:returned :
sition with respect to the enemy during the whole by me to the Vice-Admiral in the report of the
of the firing, arid that it was the same as when she killed and wounded. Certain it is that he was re
anchored ; and though Capt. Ommaney could only i turned rie killed, and which was true in. fact, for 0
say that she did not appear to him to be in the most I have already said he was actually dead when tire
favourable position for engaging the ship opposed report was made. He had, as it is in evidence, re'
to her, yet he had no opportunity of seeing whether ceived his mortal wound in fifty minutes after the '
she sprung or not after she first anchored, and all battle began, by a grape-shot passing through WI
his evidence was constantly qualified with the den- body, lacerating his back-bone, and protruding hi 4 I
sity of smoke, and his speaking to recollection : but bowels: arid he afterwards survived this mortal
Mr. White, who was master of the Albion, said the wound in the cockpit till about half-past one, not
Genoa was placed perfectly right, broad-side to three, a. m., and to the Vice-Admiral I immediately
broadside with her opponent, and that her oppo- reported his death. ,
nent was totally dismasted by the Genoa, and "It is proved that he did retain his faculties, but
that her firing was that becoming a British ship it is not proved that he gave orders during the whole `
of the line; and from Captain Baynes it is eli- , time of the battle, or that after he fell he ever issued '
cited that the opponent of the Genoa was corn- an.order of any kind. After the battle, I made nll I
pletely silenced, the two line of battle ships opposed official written return of killed and wounded to the
to the Asia and Genoa having fallen on board each Viced Admiral, about two, p. m., on the 21st of Oe'
other ; arid the Vice-Admiral admitted that he was tober, and at that time Captain Bathurst having bees 1 ,
delighted with tire seaman-like and courageous dead more than twelve hours, as it has been prove,
manner in which the Genoa took up her anchorage, to you, I returned him in the list of killed an
under circumstances of no ordinary difficulty; arid wounded, as killed; mid the assistant-surgeon, wh°
although when the smoke cleared at intervals he ob- was examined before you as to his list of killed
served the Genoa was not using her springs, yet he and wounded, whether he returned any amongst the
said no signal was made to her by him, nor airy COM- former who died after the battle of their wounds'
tnurdeation, nor any thing done to that effect; and and were returned also as dead, although ease; el
although the next day the Vice-Admiral would, on i many he could not speak to, and there were sotee
referring to the minutes on this part of his evidence, he did not recollect, yet he believed there were tw°
have explained that the Asia had 110 boat left that such instances as Captain Bathurst, but this: I sub'
he could send to the Genoa, Yet it was afterwards mit cannot be in the least material to the preset I
shown that the Genoa herself sent a boat with the question. And although the Vice-Admiral charges 1•
master, and a hawser, to assist the Asia in getting that I procured the surgeon's signature to the re
clear of the Turkishfrigate, then on fire; yet it does turn, and would hence insinuate an impropriety is
not appear from the Vice-Admiral or Capt. Curzon so doing (and which I repel, utterly disavowing
that the least observation was then made to tire and disdaining any sinister object thereby). " I et,
master by either of them, with reference to any dis- tend I could riot at that time have made any other
satisfaction the Vice-Admiral might have then felt return. It did not occur to me that I could, wheli
at the Genoa not using her springs; nor was any making it up, state otherwise, for Captain Dr
message sent to her by the master at that time, nor *burst was then dead. And here if I need Pr.;
ti)e
at any other during the battle, in that respect, from cedents for such a return, the pages of our liiiteu
the Vice-Admiral; and it was in positive terms said afford me innumerable. But I would advert
.Al'iii
by Capt. e.:urzon, that no English shot were afien. one of the 'most striking—that of the immortr
wards found in the course of the repair of the Asia ;
Nelson, %vim fell in this ship. He, like Capt
ate
beyond this, as the Court must see that in all Bathurst, was struck, and mortally wound':
crises of evidence on the trial of any alleged matter- in the battle of Trafalgar, arid expired after CI
of-fact at issue, whether in a naval, a military, or civil battle; yet lie was returned as killed, and it on
Court, the best evidence is, in every principle of not be otherwise consistent with sound sense.
Justice, always required. This principle was, in the might quote also the instances of General Wellei
fullest latitude, soon recognized. Capt. Curzon Sir Ralph Abercrombie, and Sir John Moore, Ile
himself in giving his evidence, when, to a question many others who were wounded, but did not el'
asked him by the Court, whether he knew at any time until after the battle ; they were all returnel
during the action, the springs were used on board killed. And as to the log which, the Vice-Adini,
the Genoa, his answer was, and most emphatic it is offered as evidence on this charge, I must het °'
—.4 I cannot know ; I was not on board the Genoa, touch on its two entries as applying to CartainP;
Pro
and therefore I cannot tell.' This speaks volumes thurst, and which the Vice-Admiral now urges l
for me on this point, and shows that none but another proof of mis-statement, but how he
those who were on board the Genoa could tell through airy medium so view it, I am utterly atof
whether the springs were used or not ; and it should loss to divine. The first entry is on the 20th I
seem as if the Court themselves were impressed October, 1827, thus—' At 3. 2t). Capt. Bather,:,
;
as I trust they were, with this most obvious print- mortully wounded and taken below, Captain Di,-
ciple, for they immediately called Captain Robinson, kenson took the command.' The next entry is
Lieutenant Sturt, arid Captain' Smith; Captain the 21st of October, 1827, thus-' At 2., Capte-he
Robinson being then Second Lieutenant stationed Bathurst died, when Captain Dickenson took the
on the lower deck ; Lieutenant Sturt being Fourth command.' Now both these are strictly consistlifl
Lieutenant, stationed also at another part of the with fact. When Captain Bathurst was. morteier,'
lower deck; and Captain Smith, being the First wounded, it was my duty, by the rules of the F',4
pending his existence. When he died it was viol:et
Lieutenant of the Genoa, who all fully confirmed vice, to take the command, in abeyance as it *s_gefl
that the Genoa was constantly, as much as possible,
kept in the position she originally took, completely my duty to retain the command ad interim till i'.
abreast of her opponent ; and that when she began other Captain was permanently appointed : an
at all to verge from it, instantly the springs were both instances the log in its usual brief entry in j:
used to bring her back into her proper position, shape of minutes only says, ' I took the cornmseer
abreast ofher opponent; and that every soul, officers and 1 say consistent with truth it could not be 0113,4
and men, on the lower deck, were employed therein wise. It has been noticed by the Vice-Admiral t
when necessary, myself going down on the occasions these two being without any distinction or differen I.
to the lower deck, and set ting the example of haul- are a further proof of mis-statement, but this I deer i
ing on the spring; that the Genoa's starboard broad- Captain Smith was asked why the entries were •
side generally, and not merely her stern and quarter and that it should be stated in both that I mitt
guns, were fired with the best effect on her oppo. command: to which he very sensibly answestadrt 1
neat, turd it was impossible any officer could have though at so remote a period of twenty-two motets ee
done more, or shown more anxiety, than I did he could not answer for what exactly prevailed i
throughout the action, to conduct myself as became his mind at the moment of making the entry, ie
me. Those are indeed stubborn facts, all completely now appeared to him both were correct,—the e
negativing not only the charge of my not using the wanting only the word' temporary' to make it 0/7
springs, but affirmatively of my own general conduct; plete, as Captain Bathurst was utterly incapableo,l
and the most ample further evidence on this head Judging the movements of the ship; and I Obit
as to the springs will yet be afforded, when I shall to :he Court there is no incorrectness in the
have called my own witnesses, who,!heing on board with or without that word introduced, for it is ste
yl
a minute of the fact which took place,—namely, lie
the Genoa, can alone confirm Captains Smith and
I did then at once take the command of the a
Robinson and Lieutenant Stull, us to her positive
position and use of her springs. And as to any and consequently fought her for the remainder of
conversation I might have had with Captain Cur- battle. i kill
zon, when I was on board the Asia after the battle, "My return to the Vice-Admiral of the
about the springs, it was more casual and cursory, each and wounded happened at first to have had °f
recurring to the battle, as it was natural we should,and two columns in it, one for killed, the other
.d
I was inquiring of hire,--doubting, as it appears evi- wounded,—not contradistinguishing it by ser,
detitly from his own evidence,—whether the Asia columns, as it has now, the severely wounded, ;
herself had used her springs, and on his answering the slightly wounded,—and when the Vice-Alum
e,O
that she had, be says I told him that my own exer- saw my return, he required it to be altered, waters
tions to have the Genoa's used had not succeeded; additional column, to distinguish between se
but in this latter he is wholly mistaken. I deny that and slightly 'wounded, and on his ordering it '
I said that I had not succeeded therein, as it would given back to Lieutenant Robinson), the bearer c),„,
have been contrary to the fact; but were I to-at- for such an alteration to be made, the reri fel
tempt to go through the mass of evidence which has brought back to me, and an additional colltmlare i
already occupied the Court ten whole days, I should diately inserted, but still having Captain 130 bile ti, •
not only weary them but bewilder myself. The far the list of killed, and this I affirm was the only ,
greater part, I submit, is not evidence beating on the lay which occurred inn making it, and the v ic.,017,il
despatches were delayed one hour thereby; %eel
charges, and I could only cull.from it what does pro- miral's memory also wholly fails him that llisrtittlr'
perly bear, and which, as I go along with my own
observations and explanations, I shall be continually Vice-Admiral again received the return, and la, ti
recurring to. diately transmitted it to his Royal Highnefiellt
" And in the first place, in allusion to the charge Lord High Admiral, with the other returns e. 1 a
arising out of the return I made to the Vice-Admi- and wounded, and they appear inn his offic,la i
rul of the killed and wounded, and which it should vetches of the 21st October, 1827, arid 1!„1 yet - .
seem from the alleged consequences of that return, London Gazette Extraordinary of the 18th 14" ,qt
and some wrong notion being entertained of it (as ber, 1827. But before so transmitting it, lltioti
in the return—' Was 5. 0,,
the Vice-Admiral has conceived, and has thought his own hand, wrote thus, opposite
old
proper to state), an honorary distinction was eon- Batlintses name,
ferred upon me which would not otherwise have wounded, and died during the night,' addlrl,lej
been, and to the inadvertence, in the hurry and own signature, as the original list sent by him i,u_d
anxiety I was in immediately after the battle, in re- Lord High Admiral, and now on your table, snee
fitting the Genoa and getting her again ready for This, then, was the only public official docuoll
action, which was effected with the utmost despatch, the Captain's death returned to the Lord Hig! f" '
the mistake (if it really were so) of including the miral, and there was inn this, es so sent, ''''d
late Commodore Bathurst in the list of killed, be- statement of mine. It had previously to its •
cause at the time of making the return he was dead, mission to the Admiralty been corrected Ild
though he had not expired till after the battle, it is Vice-Admiral by his addenda, explaining thstei
now imputed to me was done with a most sinister taint Bathurst had died during the night iePols
design ; and as it is the entire burden of the Vice- maintain that there was 110 virtual distinct,;:el,
Admiral's first letter to the Admiralty, and there- tween either my, report or the Vice-Admiralol.
fore the first in order, as it originated from him, I rection of it. he latter only explained that l'feet
would first call the attention of the Court to it. Bathurst did not die in battle, but the night i'4
" The Vice-Admiral, in that first letter of the though the Vice-Admiral appears tome to ha',
14th of June, to their Lordships, stated that Cap- derstated the nature of the wound. The CuP)
tain Dickenson reported Captain Bathurst as killed have noticed, had been dead of the mortal W0710,e
ill the action, &c. ; and in his second letter of the received long before my report was made. Ya
24th of June, he states that ' Captain Dickenson lost to his country and the service the instuntio, ,
reported Captain Bathurst killed, although he did on the deck; and whether he died inn the h'loolll'
not die until about three o'clock in the morning of soon afterwards, of that wound, it could be of 0111,'
the 21st of October, and after he had himself con- meta, the lamentable result was the same; et,
ducted him to him on the evening of the 20th.' In Vice. Admiral is, I submit, in this, making's°, ,
his letter to their Lordships of the 17th of July he service at least, a distinction without a ditfeni r
gives a different version of this, stating that Captain And here I may truly -say, in reference to lid
Dickenson returned Captain Bathurst as killed, and Bathurst, that his gallant spirit was still intieej
procured the surgeon's signature to that return, the conduct of his ship. Though etde,' 01'
knowing that he did not die until many hours after honour divided his last moments with his , ifi
the battle was over, and that he retained iris facul- for his family, it is on evidence that no order,
ties to give orders during the whole time of the him reached me to direct my judgment on the I
battle, and that by this min-statement he gained an which his fall had placed me inn. But. he had
honorary distinction.' These also are his very the impulse : his example and his orders ‘'
if
words, and•this statement is an enlargement of the lowed up ; and if, its I trust it will aPPe'eer
two former; but in justice to myself lam bound to praise which the Vice-Admiral vouchsafed to le
say, the whole are founded, not only in obviotte on the Genoa at the time was well
incompatibility, but absolutely impossibility of ee- i '-'apt. Bathurst that the glory of it is due; ll's,
isting in fact; and when analysed I shall, in the Ifollowers in the fight feel consoled for his lobs w
iequel, show that they utterly fail of :-.!,e deduction I justice of the tribute then paid to his mew°
which is attempted to be made from slrem, so that I Would that he had lived ! He would then irs
they are reduced to nothing. But in t--,emonstration joyed his own reward—this honourable Court
of what 1 urge, I would in the first place submit to have been spared this inquiry—l should have
you, that it is proved by Captain Smith and other i the painful and invidious situation in which 1
.officers, that when the Vice- Admiral came on board, ' and, above all, my country would have been,
on the evening of the 20 n, to visit Captain Ba- ' the distressful necessity of such a scene. A
tliurst, it was Captain Smith, and not myself, who ever, I ought originally, is my report of his
deserved, /Ili