Star.
London, England, 1809-07-29 00:00:00

frc•m N. N. \V. and a iiood•tide.

Q. ;nen the fire•si;ips Nvcle sent in, on the even-
cf the ilth, Ivhat 1... as the state of the Nveather ?
Nvith a strong breeze from N. to
\f• \!. and so much s..t that few boats could pull
;ainr:t it. Being up all that night, I observed that
':cut I c'Llock at night it moderated, and freshened
..,;:•.!n in the morning.
(By Lcrd Ga the evening of the
: 01, it bleiting a gale from the North, with a high
night extremi 1\ dark, and great difficulty in
up a eommunic..tion front ship to ship—is it
Jour ci-anion the servic. in vilti,.:lt thos.! officers and
rr.CTI were employed in ti:e tirei:Jtips was extremely
.•rat:arduus, and attend with so much danger as to
;Pe reason to apprehend lacy could not return ?—A.
• directed to take the leading of all the boats that
assembled on board Cr.: Casar, but there being
much wind and sea, I. thought they could not et-
rculiCily support the iire-ships. I therefore directed
tnF-: Captain of the Cx,:zr, about sun-sct that evening,
t(3 go to the Commander in Chief and suggest to his
I..,ordship the propejety of the boats remaining with
!he Czsar, until I thought they could act with effect,
• f waich his Lordship approved, and I selected a
' Yat t,clonging to the Hero, the best rowing boat I
• .•uld find, to go to the Impericuse, and acquaint Lord
.t:chrttne of such intention, and desiring his Lordship
. send me tv or d back if he wanted. any other assist
b4t the weather v.•ati so bad as to prevent them

Q. What water did you find in working out be-
tween the tail of the Palais and T.luoyart shoals ?—A.
Six and a half and seven fathoms, it being then near
high water.
Q. Had you ever an opportunity of ascertaining
correctly what is the run of the tide in the neighbour-
hood of Aix ?—A. I never tried.
• Q. When you were in six fathom turning out from
your anchorage, how near were you to the batteries
of the Isle of Aix ?—A. Something less than half
range of point blank shot.
Q. How many tacks did you make in getting out ?
—A. Cannot say to a single tack, but think tottr or
five.. . •
Q. Then you were four or five times, as you stppose,•
within half point blank range of the batteries of Isle

_
~ ___.
. • ! , ~.t' • • .. ',r 'AI Lt.'"ll4l 'ne:' 1r '4, y 7., 7fi ''.
. . .. . ,
returning that night.
. - '' 140iil.as-
the undertaking, it was fully- exemplifkd' b '
nite
.. 9P velem, a-greater.
the fire-ships of the Cisti, ghe **tit .in bef(tee the Q. Hove long were,you.it.i within the Isle of
Explosion, and before the Metrifsal
or, and on getti - - . x ?—A. From tnroi &clock *kb" Vilth ;until about'
' near the French fleet, she beoornit tny by si (irons ithree or fovr o'clock Of tuts ....-
the others ; the Explosion blew up close to her,•killed ' ' Q. Thinyou had tinatetci.observe•thenunilier and
. .
two men, and flora:igen one of the boats in which the state of the batteries.on-Aik...HoW. ;Imlay were-there
. •
men were to come away. The men 'were /noeli and in what state ?—A. I could not exactly -observe
crowded in the boat in which the men were to,return the number or the state, as my duty in attending to
to th - e vessel. On their return, one man died of 'fa-. get the rigging of the slip repaired after the action,
tigue, and another was picked up, who died in the preiented my nuking int observations. . •
bottom of the boat beion • ging to the Lyra gun-brig, -Q.-(ByLord G AMBlen).Did the Imperieuseground
which drifted in so near the French
ships, she was ob- on the night of the 12th April ?—A. Yes, on the tail
liged to cut her cables. ' : • of the Palais Shoal. At an anchorage Where we had
Q. (By the Court). As that which occurred to the been firing at the French ships, but not until the last
fire-vessel, did not pass under your observation, you Vatter ebb.
will inform the Court how you came by a knowledge Q. Did any person whatever communicate to you
of it ?—A. From the individual and frequent infor. before you surveyed the anchorage that there was
oration of every officer and man who returned, I have such anchorage, or was it a new discovery ?—A. I.
no doubt of the fact. discovered it myself, being ordered to soudd round
Q. Did you receive it as the official report of the the ship at such distance.
Commanding Officer of the boat ?—A. I did, as nearly Q. Was it known on board the Imperieuse before
as I recollect:. you went in that there was such an. anchorage ?—A.
Only by review of the French chart, as we had no
Q. (By Lord GAMBIER. ) Under the circumstances
at the time before-mentioned, was it not surprising French pilot on board, and•never took any.
that so large a proportion of the fire ships passed Calfskin WOLFE, of the Eagle, sworn and examined.
through the enemy's, and the smaller number failed ? Q.- Did it :Appear to you at the time of the attack
A; Every circumstance was extremely favourable, of the enemy's ships on shore,. that there was a safe
and therefore I took it for granted, that when once and sufficient anchorage, without the range of shot
'placed properly, they must inevitably go down on the and shells, so as to enable them to destroy the two
enemy's ships ; this has no reference to the men French ships at anthor,and &two that were aground.
coming away ; so far was unfavourable. . And if so, point out the situation, and from the depth
1 Q. (By 'the, Cotner.) Was the situation of -the if waters, how many tle ships
.. line-of-bat could have
Czsar nearer to the rendezvous of the fire ships,-pre-unctions( there ?
vious to their being sent upon the service ?—A. The A. I knew nothing of the inner anchorage but
from the pilot's information on the day the attack
tiesar did not change her situation in the line before was made, but after we had got in at the time of the
these operations took place, and I do not think she attack. I think if the ships had remained there, with-
was nearer than the squadrons were.
Q 4.. Did you observe generally the manner in which out removing to the second anchorage, they must all
have been destroyed by the shots and shells from the
the lire ships were conducted towards the enemy ?•—• batteries of the enemy. At the second anchorage
A. As far as my observations Went, the fire ships from my own observations, having been there fifteen
seemed all to have answered the purpose of harassing
the enemy, although I did afterwards hear that some days after the enemy's ships were burnt, I think four
or five sail of the line might have lain there clear of
of them were set on fire too soon.
the enemy's batteries, but must have been moored
Q. From your own observations did it appear to Very short and very close with other smaller vessels,
you that every fire ship was conducted witk equal to fill up the interval.
ability and resolution towards the enemy ?—A. It was Q. During the time you remained at the second
impossible for me or any person to form an opinion anchorage, had you an opportunity of ascertaining
of the conduct of every fire ship. In the general blaze what was the rise of the tide on spring tides ?—A.
of fire many objects were so confounded, that it was Upon the average for the time-we were there, from
out of my lower accurately to ascertain the conduct 15 to 16, 17, and 18 feet, more or less. i
of the fire ship. I cannot answer that question more Q. During the time you continued at this aneaorage,
accurately. . did you cause sound to b 2 taken between the Palais
Q. From what you really did observe, did it ap- and Buoyart shoals ?—A. I received orders from
pear to you that any fire ship was set fire to at too Lord Gambier to assist Mr. Stokes, the second master
great a distance from the enemy ? of the Caledonia, with boats, and whatever Mr.
•
A. Some were certainly set fire to sooner than Stokes might require, in surveying the anchorage,
others, before it appeared to me that they had run 'which was done with the assistance of our master,
so near the enemy as others had. It is impossible to and others. Ido not recollect any particular remark
prove whether they were too far from the enemy ; the of Mr. Stokes, or our master, excepting Mr. Stokes
enemy's line soon began to cut and to be scattered, -having said he had found deeper water a little more
and the ships might have been going properly one to the- Southward.
part of the time, and not another. Q. Did it appear to you that the Commander-in-
Q. Whether, between the periods mentioned 'in the Chief for a considerable, or any time, neglected or
charge, did the whole conduct of the Commander-in- delayed taking effectual steps for the destruction of
Chiet appear to you highly meritorious ?—A. In the theenemy's a Ts on the 12th ; or did he neglect to
h.
general question put to me yesterday, I have fully take means for the attack of the enemy at any time
answered the question now put i I am Willing to re- after the signal from the Imperieuse that the enemy's
peat that answer now. ships could be destroyed ?---A. None. '
Q. In passing the: Buoyaft shoal in the Ciesar, 'vas Q. Q. Did it appear 'to you that any blame 'whatever
it day-light ?-L-A. Just. duskish. - - could have been attached to the conduct of the Corn-
Q. A t what distance did you pass it ?—A. As mander in Chief, during his continuance in the com-
near as we could : I think less than a quarter of a mand in the Basque Roads, from the 17th March to
mile. • the 29th April ?—A. I have no recollection of any
Q. Could any judgment then be formed, from the thing of the kind.
fire immediately opposed to you in passing, of the Q. From the first attack from . the enemy's ships,
force opposed to you in the Isle of Aix ?—A- They to.the final cessation of hostilities against him, was
did not tire their guns fast, but used in general only every thing done that could be done to effect their de-
single shots. I think four mortars kept playing on us. struction ?—A. I think there was, with the class of
Mr. Sruttemo, Master .of tile Imjierieuse, called and vessels that were present.
examined. Q. Do you know of any other vessels that were
Q. Did it appear to you, at the time a signal was withheld that might have been applied to that service ?
made by the Imperieuse for the ships to come up, that .—A. None whatever. When I speak cf the class of
vessels that were present, I mean that there were no
there was a safe and sufficient anchorage for six line-
vessels under his Lordship's command, with the draft
of-battle ships, so as to enable them to destroy the
of water, that could have further effected thedestruc-
enemy's ships on the 12th of April, how many line-
tion of the enemy's ships. • Every application that I
of-battle ships might have been anchored there, and
made to his Lordship to effect their destruction was
what was the depth of the water, &c.?—A. On the
morning of the 13th, the Imperieuse retreated out of always complied with.
Captain Rap, of the Indefatigable, sworn and examined.
:he reach of the Varsovie and Aquilon, they being
Q. Did you, before you went into the inner roads
both on fire ; we worked from the Palais shore where
of Aix to attack the enemy's ships, know of any an-
the Imperieuse was at an anchor, at the time she was
chorage where six, or any other number of line of
engaged in five fathom. at high water. About two
o'clock we were standing towards the island of Aix,i battle ships could lie, without the range of shot or
shell from the batteries ?—A. I never did ; nor have
the soundings given by the men at the leads, to the
I ever known that line of battle ships could lie there
best of my recollection, was from six to seven fa-
thoms, the depth might be more towards the island; until I saw the frigates there after the action ; nor did
when we anchored (which was out of range of shot I know they could lie there, clear of shot and shell,
and shell) we lay in five and a half fathom, at low until that time.
water, there was then about the distance from three Q. Did it appear to you that the Commander in
to I,:iir cables nearer towards the Palais than the Im-
Chief did fora considerable, or any time, neglect yr
pei•ieuse had anchored ; a good birth for three or four delay taking effectual steps for the destruction of the
sal of the line to anchor in five and a half and five enemy's ships after they were on shore on the 12th
fathoms dead low water; the marks for such allelic.- April, and after the signal made by the Imperieuse
rage-I took myself, which are, the stern of the wreck that they could be destroyed ?—A. I know of no
that is on the Palais, directly in with the square . delay.
Q. -Did it appear to you that blame was imputable
tower of Cocas, and the windmill or telegraph on •
'.the flag-staff of the island. The means by which Ito Lord Gambier in the command of the squadron
attained the knowledge was my then observation. I in Basque Roads for any part of his conduct, between
did not know it before, only by the appearance of the 17th March and 29th April ?—A. None, what-
the chart, but I did not wish to trust it, but to -
Q. From the first attack on the enemy's ships, to
-
prove it. ever.
0. What tame of tide was it when you weighed the final cessation of hostilities against them, was
from the inner road of Aix coming out ?—A. The every thing done that could be done to effect their-
last
quarter flood, near high water. destruction ?—A. I believe every thing with safety
9. Was the wind fair, or did you work out ?—A. to his Majesty's ships.
We worked out, and kept the lead going the whole 9. When you say with safety to his Majesty's ships,
time.
do you mean without their being exposed to more
.
danger than circumstances would justify ?
A. I think it they had gone further up the Cha-
rante every ship must have been lost. As it was
we were aground for upwards of an hour, and strik-
ing some time before that, and we were for some time
nearly dry. In the direction the anchor was laid,. I
could, not find more than five and half fathom at
about half ebb.
Q. Did you on the morning of the 12th April, see
the Imperieuse inform the Commander in Chief, by
signal, or telegraph, that half the fleet would be suf-
ficient to destroy the enemy's ships ?—A. •I'did not;
Part of the s final made by the Imperieuse about that
time was reported to me, which was, that seven sail
of the enemy's line of battle ships were on shore, I
do not 'know what the other signal %vat. ' • - ..
Q. At what time did you go into Aix road ?—A.

F 1_

filvimpailiy the Cimptitfialise&or
the Feet to* iresAitfient fee,ttWehick;u F: it.
I tra,
all ready for weighing and weighed Immediately Mn
a few Mittnies-the signid'ites made for the facittlati.
gable ter-;frOcaartirto ship; making sighais of. di stre-
bearing southwarditke wind was light,• we went in
under all sail. Anchwed within distance of converu•
sation of the! Imperleuse, and commenced firing on
the Calcutta.
Q. Were.you exposed to the fire of.the batteri.es cif
Isle &Aix, or did you. pass without' range of their
shot ?—A. Their shot went over us by the head and
stern, and the shells from one of them crossed us..
Q. When you were at anchor with the Imperiense,
were you still within range of the batteries of Aix -
A. A shot passed through the main-top-sail, and
wounded the mast.
Q. Was the situation in which you were placed
when at anchor as gosid a one:as could'be chosen fur
destroying the enemy'i shipst—A. For those that I
was nearest to ; if I had gone further in, I must have...
run a.ground.
Q. Was it a situation which ships of the line should
have been placed in for the destruction of the enemy?
—A. Not with safety to the ships : I mean, with the
risk of the loss of the ships,- or if it came to blow,
with the loss of cable, &c
Q. Wa's there:any other situation in the road of.
Aix in which ships of the line might have been pia•
ced to annoy the enemy, without the risk of being lost ?
• —A. T think not.
Q..: When you were within the fslebf Aikidid you
observe the state of the defences of the island
did : the enemy eh-liked their gurisfrom one part or
he island to the other, I think.
Q. Did the Captain of theslmperieuse hail the In-
defatigable as she was going out, and propose that
,he should go on one quarter.of the Ocean while the
Imperieuse went on the other ?—A. Lord Cochrane
!railed the Indefatigable, but what he said I could
not make out. I told him I was ordered out. He
asked me if I had been aground ? I replied yes. He
said he should like to take our ground,. Had he sent .
a brat to me and proposed a thing of the kind, I
could not have thought of doing it without orders
from my superior officers, nor do I know that it wag
possible for the. Indefatigable, to have got near, the
Oceaa.

Q. When you were called out of the Isle of Aix,
could you, had you re:nained there, have destroyed
more of the enemy's ships ?—A. I don't think we
could.

Q. Did yon observe the situation of the enemy's
two line of battle ships that were longest afloat near
the Isle of Aix, on the morning of th• 12th ?—A. I
don't know exactly; they were lying there.
Q. Were they in a situation that line of battle ships,
without being in danger, or being within range to be
injured from the batteries of the Isle of Aix, could
have • attacked them I don't know that they
would have been aground, but they must be endan-
gered from the batteries and line of battle ships.
Q. Had any of the enemy's line-of-battle ships
struck to the Imperieuse before you commenced the
action ?—A. Most assuredly not ; several broadsides
were fired at the Calcutta from the Indefatigable..
Lord Cochrane, (.1- some person from the Imperieuse,'
hailed me, and said the Calcutta had struck. could
only see her at intervals through the smoke. ..
Here the Evidence closed, on which the PRISIDENT
informed Lord GAMBIER, that the Evidence for the
prosecution was closed, and that the Court would
meet to-marrow, for the purpose of knowing when his
Lordship should be ready to proceed in his defence.
Lord GAMBIER replied, that he hoped he should be
quite ready by Monday.
Adjourned until to-morrow.

MIDDLESEX SPECIAL SESSIONS.

INSOLVENT Darroas.-,A number of prisoners in
the. Gaol of Newgate were brought up on Tuesday
to be discharged under the Insolvent Act.—The per-
sons who were in custody Um debts due to the Crown,
were discharged of all other claims, but remanded
with respect to them, as only the Lords of the Trea.
sury can give them liberty.

LONDON SPECIAL SESSIONS, 'GUILDHALL.
The discharge of Insolvent Debtors, under the late
Act of Insolvency, was finished yesterday. A great
number of prisoners having been discharged without
opposition, we notice only a few cases which are quite
new in the laws of debtor and creditor, and were
strenuously and ingeniously argued at the Bar.
. Captain Morris, of the Navy, detained under a
verdict for £1066 recovered against him in the year
1801, by a Mr. French, now in foreign parts, for
trim. can. with Mrs. French, was brought up to take
the benefit of the Act, under a clause therein, speci-
fying that the Plaintiff in person must oppose the
discharge of any prisoner in custody since the Ist
day of Yebruary last, or an attorney specifically re-
tained in the cause of action, with a regular and fix-
,ed retainer. In this case vie attorney who now op-
poied the prisoner's discharge was net the attorney. in
the action of trim. con. but the general attorney of the
I absent plaintiff.
Mr. ALLEY made an ingenious and argumentative
speech for the prisoner, but the RECORDER ruled, that .
the cases of damages for seduction of the wife or
daughter cf the plaintiff, 'were expressly excepted in
the act, and that the pilsoner cannot be liberatedan-
d:!r the late Act, until he be ten years in prison.—
The prisoner Was remanded.
John_Samuel Smith, late a Lieutenant of the Navy,
was brought tip and objected to, on the ground that
the ninth section
.of the Act required notice to be
given in the Newspaper of the town or county where-
in the prisoner was first detained, as well as the ne-
cessary notice in the London Gazette. No notice.was
I published in the Newspapers at Exeter; where Mr.
Smith. was first detained, and he was by the Court
ordered to be remanded, pursuant to the opinion of
Mr. ALLEY, and otheis, of the Bat.
Mr. M4.MAnow, a barrietcr of Ireland; who advo-
cated the prisoner's case, - contended. perseveringly,
that the prisoner, a fine yOung gentleman, who had
served h's Majesty for nine year bifOre his arrest at
Exeter, When going again to sea, and dragged by
his 'bail to the Fleet prison, by an klieg, corium.
against his will, was not within the clause (4' exdu-
' szonr---Tho Court and Counsel, after at kg discus-
sion, determined in favour of the priioner, and he
[
was sent fnr a second time,-andeischargtd.