Star.
London, England, 1815-02-04 00:00:00

COURT-MARTIAL.

TRIAL OF LIEUT. GENERAL SIR JOHN MURRAY.
WINCHESTER—THIRTEENTH DAY, FRIDAY, Fee. S.
Major-General SMITH'S examination continued.'
Q. Do you not recollect that the head of the co-'
lumn (Suchet's) turned off to the village of Cressels,
and halted there for the night ? A. I do not know,
for I was not then on the spot.
Q. By what road did Suchet finally advance with
his army, when he came forward, on the 15th of
August, to Tarragona ? A. lam not able to tell.
Q. By stationing an officer at Vendrils or Arbos,
and detachments of cavalry there, might not hourly
intelligence of the advance of the enemy have been
received on the 12th of June, and his advance ascer-
tained to a certainty ? A. I think it might.
Q. Do you conceive that a zealous and hearty co-
operation has been afforded by tl e navy, acting under
my directions, to the army serving in Valencia and
Catalonia ? A. Most certainly.
Q. Do you not believe that General Copons had
cavalry and staff-officers on the road between Villa-
franca and Tarragona on the 12th of June? A. I do.
Q. Supposing the enemy to have marched from
Villafranca to Tarragona, how much time could
have been gained on them by any Staff Officer sta-
tioned near them, so as to give comet intelligence
f)f his movements A. An Officer stationed at
Arbos might have gained seven or eight hours upon
the enemy as I think ; that is, supposing he got
the information at the time they started from Vil-
/afranca. •
Q. In how many hours do you think a column of
8000 men could march from Villafranca to Tarra-
gona ? A. I think in twelve bourn.
Sir JOHN MUIMAY then stated that he now closed
his evidence.
Letters from Earl Bathurst, in the name of the
Prince Regent, and from the Duke of York to Sir
John Murray, thanking him fir his brilliant services
on the 12th and 13th of April, 1813, in defeating a
French force in Valencia, were put in and read over
to the Court.
General MURRAY then rose, and,, began to read
some observations which he conserved it necessary to
submit to the Court on closing his Defence. None
of the documents which the Judge Advocate had
brought forward went to prove that he was so con-
vinced of the decided superiority of the enemy on the
9Lh of June, that he could expect no benefit from
continuing the siege any longer. Such a conclusion
was disproved by every subsequent operation of the
siege. But even supposing any expressions in his
letter to the Duke of Wellington could be so wrested
as to appear to bear such a meaning, still this would
not avail, because if the Judge Advocate could not
also prove that the continuing the siege after the 9th,
did not further the general plan of operations chalk-
ed out by the Duke of Wellington, this charge fell
to the ground. With respect to the other charge. of
not proceeding immediately to Valencia, in so doing
he had violated no written order. The moment the
siege was raised, which was not till the re-embarka-
tion at Balaguer, the order of the Duke of Welling-
ton was carried into execution. With respect to the
Third Charge, brought forward by Admiral Hallo-
'well, lie had rested his defence on the strength, move-
ments, and position of the enemy. When the Court
considered all these circumstances, and that after the
morning of the 13th it was no longer in his power to
send the cavalry to the Col de Balaguer, he had no
doubt they would approve of the course he had fol-
lowed. So far from flying from an enemy insignifi-
cant in numbers, as had been stated. he had yielded
only to an overwhelming superiority, which threaten-
ed his destruction, He had followed the course
which, of all others, was the least destructive to the
artny under his command. Sensible that in an doing,
be raid himself open to the clamour of the ignorant
and the malevolent. Upheld by a sense of duty, and
by the conviction that be was 4.ting in the letter, as
vecll at the instructions of *the Duke of Wellington,
if would, perhaps, be unbecoming in him to remind
the Court of all he had suffered, at the moment that
those sufferings were at an end. His. however, was
no common case. Every Commander was interested
in the decision which would now be awarded. He
had borne in silence the unmerited clamours raised
against him—his military character had been aspersed
—his Majesty's arms had been said to be degraded
by him. If the Court was convinced that he me.
eked these imputations, he asked for no lenity ;
• but if the moment was at length come when those
Charges should be pronounced without founda‘
tion, it was his last. request to the Court that it
would take his wounded honour under its protection.
If one word had escaped him in the course of the
_prosecution which bore the appearance of personality,
he deeply regretted it. He had been obliged to de-
fend himself against personalities, but in doing so,
he was not aware that he bad indulged in them him-
self. He was willing to believe that the personali-
ties of Admiral Hallowell originated in his zeal for
she service ; but a little more candour on his part
might have - led hint from falling into them.
, said he was accused, In the de-
_ling back his (Gen. Muriayegfletter to
' Of 1

rarity &as bad been ebeireby,the pretestJadge Ad,
vocate, hi might haste been &rived of the benefit
of .that advice and assistants which, from his office,
be was bound to afford to every prisoner. It was
seldom, indeed,' that a men could be found to im-
partial as to divest ,himself 'of every leaning against
the party whom he was accusing; for it is a feeling
of our nature that we should make a common cause
with those who have a common object with ourselves.
These observations he humbly and respectfully sub-
mitted to the Court. _ _

Admiral HALtOWILL then rose and said, that as
several.charges had been made against Lim by Sir
John Murray, he begged to be allowed to pall wit-
nesses to disprove these charges, and that they would
also examine himself, Ist. With regard to his conduct
relative to the Bristol. 2dly, With regard to his
having recommended the cavalry and artillery to
proceed to Balaguer. Sdly, As to the letter of the
34 of June, stated by Sir John Murray to have been
withheld. Aud 4thly, As to the hurry in which he
obliged Sir John Murray to send off his dispatch on'
the 14th June. These were heavy charges against,
him ; and he wished to be examined on oath respect-
ing them.
The JUDGE ADVOCATE observed, that those new
points first stated in the defence which had not been
proved, could only be noticed by the Admiral in his
reply ; but with respect to those which had been
proved in evidence, he was at liberty to oppose other
evidence. The Admiral must however confine hint-
xelf entirely to such points as were first brought for-
ward in the evidence for the prisoner.
General MoNTRESOR observed, that the matters al-
luded to by the Admiral were foreign to the charges
before them ; and on this subject it was neither com-
petent to the Court to offer an opinion, nor to award
any punishment. He did not see, therefore, how
the Court could enter into the ostensible matter of the
Admiral's present claim.
The Jocon ADVOCATE observed, that with respect
to the Bristol, Sir John Murray had been stopped by
the Court from going into it. With respect to send-
ing the cavalry and artillery to Balaguer, that the
Court had gone into. As to the sending away the
letter which had been said to be stopped, it seemed to
him that the Admiral was entitled to explain that
circumstance.

The PansznaNT said, he thought the Admiral en-
titled to clear up any thing which looked like new
matter in the evidence for the prisoner. but then it
must be quite new matter.
The JUDGE ADVOCATE cited the case of Colonel
Johnson and Admiral Bligh, where the one party
was accused in the defence of having concealed him.
self under a bed ; and he was allowed to call one
witness to contradict this.
Sir JOHN MURRAY wished Admiral Hallowell to
state to the Court what the new matter was, with re-
spect to which he wished to call fresh evidence.
Admiral HALLOWELL said; he meant to prove
that there was no necessity for going away from Tar-
ragona in the manner which had been stated. and
that he had the means of bringing down the guns
before the enemy could arrive.
The PRESIDENT said that woold be a new trial, and
lit could not be gone into. The Admiral had already
proved this not only to have been his own opinion,
but the opinion of others.
The JUDOS ADVOCATE stated to the. Admiral, that
it was the pleasure of the Court this could not be
gone into now.
Admiral HALLOWELL said that Sir J. Murray had
attempted to prove that he (the Admiral) could not
have afforded such a naval co-operation as to pre-
vent the advance of an enemy from Villstfranca to
Tarragona. Now he could prove that he had actu-
ally prevented Suchet from advancing, and that the
grape-shot fired on the occasion had been afterwards
picked up at the places where the enemy was so
prevented.
The PRESIDENT observed that this had been already
stated in evidence. Some of the witnesses bad state.!
that they saw the dead bodies of men and. horses
strewed along the road.
Admiral Hau.owri. wished the Judge Advocate
to have the goodness to look at the questions which
he had framed, to see if they were proper or im-
proper. •

The Juno* ADVOCATE having looked over the ques- 1
tions said, he thought the Admiral entitled to con-,
tradict the evidence for the defence, and to shew that'
there was a possibility of reaching the road in ques-
tion .with grape shot, and stopping the enemy.. He
had already gone into evidence on this subject, which
it might be.presurned, he thought sufficient at the
time ; but there might now be a necessity of offering
further proof, in consequence of the statemelits of
some of General Murray's evidence. The first seven
questions to General Clinton related to General Sn.'
chet's advance, and whether he was stopt by gun-boats.
The nest question to General Clinton related to the
possibility of having hourly intelligence of the
vance of the enemy.
Sir SAMUIL AUCLUOTY observed, that this
of the possibility of hourly intelligence, had arigi.
nated with the Adtiiiral hiiaielf, and therefbre lie
thought he had no right to go iny4i it. Had Sir J.
M-- first stated it, then the Admiral would have

_ were accordingly rejected.
.I:mm*7.2—The next relate to the vs-
and councer•orders on the 12th.
-"REIM observed, that this bad been
the prosecution, and also is the
MoutAx observed, that Gomel D..
Mired be only received twAerders
12th, but he might have gives ot.

understood to be rejected.
'n--The neat question was with go-
of general Clinton's division
Ilion. *
'
. • I
objected to this.
,AIiLQWIILL said it had been et
2W that it was impossible to talhe
than a day and a half I be wo
Clinton's division, consisting
embarked in three quart.
'nova the time when they came
4 emberhtlan, and dui' time whassibey
einbaryed. He wishefalM'to bollovnise prow
'time when the landing wig being its*
• of the Sdof June. '• Arista'', .1
Owned, that the laservirehhis
•

i

'was already in evidence. Thinigh the pliftlie *Me
was not mentioned, it had beenstated that the troops,
Ate. we'refanded in a reasonaley short time.
This question was relied for consideration.
The JUDGE AnvocaTitatid, 'the neat question re-
lated to the time it would haft taken to *Dove the.
guns from the batteries to the beach.
This was rejected, as Generals' Clinton was not the
proper Officer to state this.
The JUDGE ADVOCATE—The other question to Ge-
neral Clinton related to the hearty co-operation of
the navy:
Admiral HALLOWELL said, Sir John Murray had
stated that a hearty co-operation on the part of the
navy was not afforded him.
Sir JOHN Muanav said he was sorry he had been
misunderstood. He had always admitted a hearty
naval co-operation.
Admiral HALLOWELL, said he alluded to that part
of the defence, in which Sir John Murray congratu-
lated Lord Wellington on his good fortune in not
having a naval co-operator to thwart or impede him in
his measures. He stood forward thereto vindicate the
profession to which he belonged against these charges.
In his letter to the Duke of Wellington Sir John also
spoke of the delays and irregularities on the part of
the Navy, by which his measures had been impeded.
Sir JOHN MURRAY said he had stated this ih conse-
quence of the observations thrown out by the Admi-
ral on his conduct. On all occasions he had been
willing to acknowledge the hearty co-operation af-
forded by the Navy.'
General MONTREicH said nothing of this was in
the evidence.

Sir Joust Muttaav was willing that it should in
some way appear on the proceedings, that he admit-
ted the hearty co-operation afforded by Admiral
Hallowell.
Admiral HALLOWML••,-I beg leave to decline ac-
cepting it in this manner.
The Jut= ADVOCATI said, the next witness was
Captain Inglis. The first question related to the
number of men which could have been landed by the
boats of the Malta in a given time. Another related
to the possibility of embarking the guns before day-
bre'ak on the 13th. The next. whether if prevented
from embarking on one side of Salun Bay, they might
not have embarked on the other ? The next, whether
the bulk heads of the ships of the line were not down,
and the ships were not ready for action dining the
period of the siege ? What was this meant to prove ?
Admiral HALLOWELL—To prove a hearty co-ope-
ration
on the part of the Navy. The moment of the
Puerto Reale's being stormed, the skips would have
fired of the town.
The JUDGE Arivocame, aftergoing over some ques-
tions which were rejected on the same grounds as si-
milar questions proposed to be put to General Clin.
ton, said, the next question was how near the Malta
anchored to the road by Torre del Barra?
Admiral HaLLowat.t. said, he meant to prove by
this that the Malta anchored within half a musket shot
of the enemy.
The questions to the next witnesses, Captain Stod-
dart and Colonel Williamson, were similar to some
of those already stated.
Admiral Hau.owau. wished to produce the letter
of Sir John Murray in answer to the one from himself
quoted in the defence.
Sir JOHN MURRAY objected to any new matter of
accusation being brought forward against him. He
had merely quoted the Admiral's own words, without
drawing any inference from them.
The June; Anvocarz thought the letter of Sir J.
Murray, a; an explanation of that of the Admiral,
admissible.

Admiral HALLowELL—The answer to my letter of
the 9th June, informing him of an advance of a co-
lumn of the enemy, would prove that the General
did not credit his intelligence.
The Admiral said he next wished to state his reasons
for recommending the cavalry and artillery to em-
bark at Balaguer. General MURRAY objected to this.
Admiral HALLowr.m. said he wished this in conse-
quence of the observation of Mr. Larpent in the two
first charges.
General Aucumurv.--This did not arise out of
the defence. but the prosecution.
Admiral HALLOWILL said he offered himself on.
the subject of the hurry with which the General's
letter was sent off. Reserved for consideration.
The Admiral said he next offered himself on all
the points on which the Court might wish to examine
him. He should notice many things which had
come from Sir John Murray in the course of his to.
ply ; but he should wish also to state them on oath,
that the Court might see that nothing was stated by
him in his reply which wAs not also stated on oath.
The President said the defence was not on oath,
and this would give his reply more weight than the
other could have.
Admiral FlALLowazz expressed himself satisfied.
The ,Ipuott ADVOcATZ summarily stated the ques-
tions rejected, and those reserved for consideration,
after which the Court was ordered to be cleared.
The Court remained closed for nearly two hours,
and on being re-opened, '
The JUDGE ADVOCATL stated, that on the points tb
which the evidence of Captains Bathurst and Ingle-
field was intended to hetiven, the Court was of opi.
nion that the questions should not be put. These wit.
news therefore could be recalled. •
General Clinton, the Court was of opinion, should'
be examined on one point, namely, as to the number
of orders• he had received on the 19th of June. He,
likewise desired by the Court to state that it was
slot necessary to submit any evidence as to the co.
operation of Admiral, Hallowell, the zeal and acti-
vity of Admiral Hallowell having been fully estate-
lisbed, and admitwd by Sir John Murr;y.
'The entire had also determined that Admiral Hal.
lowed himself should be allowed to give evidence—.
fira. as to, the recommendation be bad given foe
maw the cavalry and artillery to Balaguer a next,
as to the Wiwi sent to Sir Edward Pellew, dated the
2d and 4th OT Jtine ; and lastly, as to the harry With
which Sir John Um:ray was constrained to opel
,Isis dispatch to Lord Wellington on the 14th
General Ccrwrcet was thin ittcalled, rasho4r
by Aditdril ,
Q. What orders did'
you recerth ow the 124 nt
'line for that:Klement of your diehinn, from whit%
.and at what time I—A. The 'first drder I recelied
iv's' at en vary period in the wink
der
that *ter
&mod toe. to, reeled (she in* WA *nod by Go.
,aerid-)onkin) with three divisions if my divisions

'and three of General Whitthightm, towards the
vet Cain, in the most favourable ground I could
find—the object of this motion was stated to be to
cover a movement of General Copons's. The next
order I received, among the numerous orders recei.
ved on that day, was also a written order, which I
hold in my hand— [Order produced ; this was signed
Murray," directing witness to march with hiF
division to concentrate with the other part of the
army.]—This order had scarcely been declared,
when a verbal on.: was brought me, directing me to
send the baggage of my division on the road to Bar.
raguay, through which pass itlwas intended to march
the army. While giving directions for carryir.g this
order into effect, 1 remitted another order, which ;
also held in my hand—f Order prodriced—ti n'•
signed eg Donkin, half-past nine," and th'F.lred C-Pc.c-
-r4 Clinton to take the shortest route tr, heari-ciert.
ters, avoiding only the fire of an enemy.:—i. had nr!
had time to give my directions upon this order, whet
one reached me which directed the spiking cf the
Runs in the batteries, and that I should proceed t,.
the beach for embarkation with mv division. I hav,-
already stated it; evidence what 1 did in consequence
of that order, and only beg lea t. ro aild, in refarnce
to the positivene!..s of that order t Jt the skriling of the
guns, that I remember te have !Cit. it at the time
to be so that altlumo.h. r the real..'n,-, I
have before given, I v.-ntur,:d fa delay to give the
absolute era s• fee spittin!.. tie ziins, 1 i:v.tracted the
officers in the batteries to :;re away al'. the case-shot,
and to Je,troythe plwdcr. About twenty minutes
after the receipt of the order to n Mai I have just re.
fcrred, came the counter-order for spiking the guns,
and that General WhittinLliam%-division should occu-
py the ground which mine was supposed to have left.
but from which it had not stirred, it being intended
that the Spaniards should have charge of the batte-
ries, out of which it was determined that every piece
of ordnance should be taken that night. The last
order I recollect to have received on the IVila of
June was one brought to me by Lieutenant drew of
the 27th regiment, which, after the many orders and
counter-orders I had received on that Jay, I directed
that officer to repeat, and in his presence, and that of
Capt. Kesterman and my Aide-decamp, Lieutenant
Floyd, I noted it down. —[A copy of this note was
then produced—it was a memorandum of an order
received by General Clinton at half-past one, to take
off his divisiOn towards head-quarters, to withdraw
all piquets, and destroy all guns in the lines.]—ln
consequence of this order, I sent Brigadier-General
Smith to march with the division as directed, follow.
ing the movement of the Spanish troops, bet detach-
ing the grenadier company of the 58th regiment, and
Lieutenant-Colonel Beanclerc, to the Oliva, there to
receive my orders. I then went to the mortar bat-
tery, where I found Captain Thompson, the artalery
officer in command, busily employed in preparing for
its evacuation, ana I delivered him the order for
spiking the guns and destroying the carriages. Pro-
ceeding after this to the Oliva, I remained there till
five o'clock; I then told Colonel Beauclere, that I
should leave him in charge ofthe piquet: of the divi-
sion, atnouuting to nearly 500 men; and I directed
him to keep a good lookout on all sides, for I knew
not which way the enemy might not be expected.
But that unless obliged to abandon his post, that he
should leave piquets and sentries as they had been
posted, until dusk, at which time, and when the enc.*,
my in Tarragona could no longer perceive his move-
ments, then to withdraw, and bring in with him the
whole of his piquets, to assemble them at the bridge
of Francoll, where they should receive further orders.
I then proceeded to the Cbmmander of the Forces,
in order to report to him the deviation which I had
thought proper to make from the orders I had re-
ceived from him, not only in not withdrawing the
piquet:, but in reinforcing them, and my motive for
having so done. Sir John Murray assented to what
I had done, and wisely said,' I hope you have taken
measures that your piquet: shall not be cut off; and
upon my stating to him that I had left them in
charge of an officer in whose conduct I had perfect
confidence, Sir John seemed perfectly satisfied.
Witness withdrew. • •
Admiral HALLOWELL nqw proceeded to his state.
meet, tfpon oath, as to recommending the cavalry
and artillery being sent to Baraguay. It was as fol-
lows When 1 was with Sir John Murray, on the
night of the I Ith, after he decided on raising the
. siege of Tarragona, he told me that we must get as
many guns down as possible, but that the
were out of the question. My reply was, 6 No, Sire
if you will send your artillery and cavalry to Bans:
guay, with a column of infantry, we can embark
them easily there; and it will facilitate our embarka.
ton here.' This is all I have to say upon this subject."
The next point to which the Admiral directed
his statement, was the two letters of the 2d and 4th
of June.
Sir John Murray, in his statement, has acknow.
!edged that he gave me that letter of the 24 on the
Sd, before he went on shore. I had no Tease:l2
which I could send it immediately. The Ganr
arrived in the afternoon of the 3d, and I sent her
away, by ten o'clock the next morning. V* Sit
John Murray's letter, dated the 4th, and he was well
aware that they both went in the same ship, as will
appear by his letter, which I bold in my hand.'
[The Admiral then put in the letter : it wee signed
" J. Murray," and dated Jose 4; and, after some
observations upon the embarkation of the horses and
mules, stated, that he enclosed a letter to Sir E. Pel.
lew. and intimated the importance of the 66 letters"
to Sir E. Perlew being sent to him with dispatch.),
He now addressed himself to that part of air John
Murray's statement, as to the hurry in which he lA'
Obliged to tend off his dispatch. "At ten minute!
after ten on the morning of the 14th," said the Ad-
miral. 4.a general signal was made to the whOle fleet,
that an opportunity would offer of sending letters to
England. It appears front the evidence of Captaio
Milner. that Sir John Murray': letter was ced
shortly after that time ; and it appears by the, evi-
dence of Captain Sharp, that lee did not sail 'until
halktaat four in the afternoon. This is all I bar to
say upon this subject.**

The gallant Admipl now prdaPed a leiter fmn)
General thonght there was no occasion Tar going
away fro, Tarraeons in the hArry kith which be
did jo.
B.r Amor MunnaT said, was actediaeT pro•
kW. from the eirenntionees which caw to his
knowledge afali be land atrandeaed the sier, that be