Star.
London, England, 1829-08-27 00:00:00

BATTLE- OF hAVARIN.

COURT MARTIAL rrox CAPTAIN DICRRNSON, R.N.
11011111110C/11, WILD 44444 1' haft DAT.
(Fu4n WM CORKIIIPONDUIT).

At an early hoar this morning, the Victory, on board which the
Court Martial WAS held, was surrounded with boats, crowded with
the fashionable+ of the town. At nine o'clock the signal gun
having been fired, all the boats drew to the side of the vessel, and
the rush to get on board was great indeed. When I entered the
Court. I found the Deputy Judge Advocate swearing the members
which being door, the Court consisted of the following distin-
guished characters :

Sr Robert Stopford, President, I Captain Schomberg.
K.C. B. Captain Elliott.
Sir Henry Blackwood, K.C.B. Captain Inglefield.
Rear Admiral Otero, K.C.B. And the Hon. Captain Wm.
Captain Mundcy. Gordon.

The Court was crowded with Naval Officers of the fir.t rank,
and immediately behind the President's chair stood Sir Edward
Codrington and several other Meets. Crptain Dickenson was
accommodated with a chair at the end of the table, around which
the Court was assembled. Ills Solicitor, Mr. blinchin, sat at a
table with his assistant taking notes of the proceedings. The Court
were all dressed in their full naval uniforms, wearing their stars
and other emblems of distinction, and bad altogether a most in-
teresting and imposing appearance.

The Junos AD WATS having read the charges which were con-
tained in a correspondence from Sir Edward Codrington to the
Admiralty. they were specially as follow :
Charge lst. That for not making proper use of the springs, di-
rected by the orders of the Vice Admiral Sir Edward Codrington,
on the 19th October. 1827, to be placid on the anchors, the
broadside of the Genoa was not directed to her regular opponent
in the Ottoman line, and that in such a position. ►be could not fire
any other guns except those of her stern and quarter, without en-
dangering the Asia, and others of the allied squadron on the lar-
board side, and the Albion and others on the starboard side ; con-
sequently the shot which injured the Ada, and came in that direc-
tion, were apparently fired ►y the Genoa.
Charge 2—That the Genoa did positively fire into the Albion,
which ship bsd an English ensign at her head to prevent such a
mistake. _ _

Charge 3—That Captain Dickenson had been reproved by Vice-
Admiral Sir E. Codrington, for not using springs. and be accounted
for it by his inability to get the men from the guns,notwitbstanding
it was asserted in the ship's log-book that springs were used.
Charge 4—That the log-book says. that the Genoa had three
Ottoman ships opposed to her starboard side, three rizty-gun
frigates on ber larboard side and a-head, and a double►bank frigate
a-stern.
Charge s—That Captain Dickenson reported Captain Bathurst
as killed, and procured the Surgeon's signature to a certificate, al-
though he did not die until next morning, and retained his faculties
to give orders during the whole time of the battle, through which hi
gained an honourable distinction, which perhaps might not other-
wise have been conferred on him.

Charge 6—That the refittal of the Genoa after leaving Nevado
was unjustifiably slow, and that the same slackness prevailed on her
way to Malta; that the Genoa's mast was suffered to go for want
of being secured; and that she fired atter the battle was over, to
the probable injury of the Allied squadron; and further his getting
the ship's company of the Genoa to sign a letter, or otherwise a
mewl robin, requesting to appoint only him, Captain Dickenson, to
the Genoa. This was an act of insubordination.
Sir EDWARD Coommisom addressed the Chair, but from the din.
tenet we could not distinctly bear him ; but we understood him to
have said, that it would be impossible for the Court to judge of the
nature of the evidence which he should be obliged to give from the
letters which bad been read, without reading the intervening ones,
which he now offered for their perusal. He at the same time ex
pressing his strong objections to the present proceedings, and which
he thought, at this period, were not called for. The Gallant Ad-
miral then presented Sir Roarer &formats, the President, with
copies of the letters which he had addressed to the Board of
Admiralty.
The Prism= ordered the Court to be cleared, and after a
lapse of a quarter of an hour the public were admitted. The busi-
ness then commenced with proving the log-hook more immediately,
in which the detail of the engagement was mentioned, which was
done by Lieutenants Morris, Sturt, and Captain Robinson.
The PRZUDZNT then inquired it there were any gentlemen con-
nected with the London Press, and said thit he would permit the
substance of the evidence only to be published fur the present, and
not the detail, and most kindly ordered a place fur their accom-
modation.
The ADvocars GENERAL said, that the mode which the Court
intended to proceed was to take charge by charge, and that the de-
fendant could not be allowed to ask any question as cross-examina-
tion, except what specifically bore upon the charge immediately
before the Court, and the first that the Court would go into was

the use of the springs.
Sir Edward Codrington was then called, and on the ►ook being
banded to him to be sworn, be said he was apprehensive that he
could not give his evidence satisfactorily without mixing up with
it much of his personal solicitation, and the quality of his testi.
mony would require him to interlard with it, observations con-
nected with his own situation, though it did nut immediately relate
to the charge before the Court ; yet he was very peculiarly situated,
In making the statement he did, part was from common report,
and part from his own observations. He thought it rather unusual
to be called upon to prove that which be had only from the report
of others, and so stun, it in a letter to the Admiralty ; and yet he
receives a letter from Mr. Croker requiring him to do so. He dis-
avowed the adoption of such a proceeding. It was a princip e laid
down by him never to do so, and acting upon such, he bad even
refused the Judge Advocate all information upon the subject.
The Panamint: interrupted Sir Edward Codrington, and in-
quired If he was aware of the manner in which t►e Court intended
to conduct its proceedings, which was to confuse itself strictly to
the object which engaged their attention; and as the observations
which Sit Edward was making did not relate to that object, they,
under these circumstances, could not entertain them.
Sir Hesse Da*cawoon begged to state, that the letters which
had been put in, as explanatory ones, by Sir Edward Codringten,
bad not beets read by the Court.
Sir EWALD CODDINGTON observed, that in the charges committed
la his statement there were distinctions to be made in them, and

explanations given. It was particularly necessary floss a person
brought into Coon as he was, against his wish ; on the contrary,
►e was anxious to avoid a Court-martial. However, it was his
duty to bow to the superior judgment of the Admiralty ; and it
being their pleasure that such an investigation should t .ke place,
he was willing to give them every as.is•ance in his power, and of
this he had already bad She honour of informing them.
Sir SAWA 113 Commonage was then sworn—The order which he
gave to the combined fleet oa the 19th of Octobrr. 1827, was then
read, and it concluded thus, " To use the words of Nelson—no
Captain can do very wrong who places his ship aloogaide that of

the enemy." - (Signed) E. CODIUSGTOK.
He was then requited to state generally as to the conduct of
Captain Dickenson at Navasin.
Sir EDWARD said, he should state what he knew from his own
personal knowledge, and it was a difficult task to do so, at
this time of day, baying destroyed several parrs of some two
years ago standing ; the want of which be had very severe proofs
of, in his own peculiar situation. He then went an to state, that
be had observed the Genoa did not make use of her springs
during the battle ; and alter entering into a minute description
of the relative positions of the vessels, he expressed it as his opinion
that the shot which struck the Asia came Irom the GOMA, from
their direction, to the best of his judgment. After the engage-
ment he reproved Captain Dickenson for nut making use of the
springs. Captain Dickenson accounted for it by stating, that be
wss unable to get his men away from the guns. He was not aware
Viet the Ada could be struck by any of bet opponents. He never
saw the Genoa in any position except what she could be raked by
bet opponent. She generally had ber stern towards her opponents,
and broadside towards the Asia. Did not apprise the Genoa of her
situation. Could not say who was her Commander when her fire
struck the Asia. Captain Curzon came running to him
and said, " there is shot coming on us from an quartets."
He replied, " Never mind, let us destroy our opponents
first." The period which the shot struck the Asir was
about an hour, or an hour and a half. After the action
had begun, there was no signal made to the Genoa to desist
Nothing was dose of the kind ; they were about a cable's length
distant ; it was impossible for the Genoa to hear if she had been
hailed. A plait of the hay and the ships arranged for battle wig
put in, and a lung explanation was given by Sir Edward Cod-
rinvon of it.

Captaiu Dicumisou-1 do not admit that plan to be a correct
one. I shall produce one on my defence, which shall .how the
Asia in a different position than that In which she Is represented
there.

Sir Edward Codrington would not say the plan was a correct
one ; it was taken from a general rough sketch which V/14 made
when he otdered the engagement. Ile said, that at the desire of
Sir Robert Stopford, he laid it before the Court for general In-
formation.

Captain Dickenson was asked by the Paismourc, like hid any
questions to put to Sir Edward Codrington?
Captain Dickenson then erou•exammed Sir Edward, as to whe-
ther, instead of reproving him, he not only thanked him and his
Officers, when he came on board the Genoa, but repeated the same
commendation on board the Ada ?

This was denied by Sir Edward Codringion, who said, that

when he came on board the Genoa, it was to see Captain
Bathurst, to learn how he was, and the nature of his wounds;
and it was Captain Dickenson who conducted him to the
cockpit, and he and Captain Bathurst conversed about the
engagement ; and on his expressing his approbation at the
manner in which the Genoa had taken her station previous to the
engagement, Captain Batbunt said, " Oh! thank you, thank you
(grasping him by the hand), now 1 shall die easy." Sir Edward
Codrington being pressed, denied having any conversation wilt
Captain Dkkenson, as to express his approbation of his (Captain
D's) conduct on the day he went on board the Genoa, or with
any other Officer; yet he admitted, so much was his mind ab.
sorbed by the scene he bad witnessed in the cockpit, of wounded
men and bawling women, be would not be positive.
Sir E. Common** said, on asking Captain Dickenson bow he
came to return Captain Bathurst dead, Captain Dickenson replied,
that it was a mistake ; whereupon he (Sir R. Codrington) observed
that it was a very serious mistake; and it was fortunate that he
Put a note to the report, stating that Captain Bathurst did not die
until that night ; otherwise he should have gut himself into an un•
pleasant situation with the Admiralty.
Captain Curzon was next examined.—His examination was
chiefly technical, as well as that of Captain Baynes.

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ASSIZE INTELLIGENCE.
MONMOUTE. Airs. 114.

CULLINORE V. EVAN.

On Saturday hot the celnmission was openedheereel
Mr. Baron VAUGHAN. and this day business commenced,
Mr. Baron VAUGHAN presiding On the Crown side, Mr.
Sergeant TA DD t on the civil side.
Civn. Sals—Behme Mr. Sergaust TAM'.
VAUGHAN V. CADLE.

This was an action brought by the plaintiff, a basket-
maker, to recover from the defendant, a farmer, a com-
peination in damages for the injury the plaintiff received
from being bitten by the defendant's dog. On the part
of the plaintiff it was proved, that on the 6th of April
last he was attacked by the defendant's dog,which bit Mtn
so severely in the instep that he was under the care of a
surgeon for six weeks. The plaintiff had applied to the
defendant for some remuneration, which he at first ap-
peared disposed to give, as he desired a witness to inquire
the amount of the doctor's bill, but he subsequently re-
fused to pay it.
Several witnesses were called to prove that the dog
was a vicious dog, and had bitten several people, and
that the defendant knew of it. One of the witnesses
said the dog was a sly dog,which would bite and run ; and
another proved that the defendant said his dog had bitten
the old basket maker, and he would disown him.
The jury retired for about two hours, and returned with
a verdict for the plaintiff—damages DM.
Mr. C. PHILLIPS and Mr. LUMLEY appeared for the
plaintiff; Mr. Sergeant LUDLOW for the defendant.

Mr. RICHARD/ opened the pleadings, stating that this
was an action against the defendant, to recover from him
a compensation in damages for having published a false
and malicious libel of and concerning the plaintiff;

Mr. TAUNTON said he appeared as counsel for the
plaintiff, who is a publican residing at Tredega, and was
compelled to come into Court to seek for a recompense
for an injury he bad sustained by the defendant having
published a most malicious and atrocious libel, which
would ultimately produce the ruin of the plaintiff and his
family, union that was corrected by the verdict of a Jury.
The defendant was a printer and stationer at Carmarthen,
and he (Mr. Taunton) would now state the circum-
stances on which the falsehood of which the plaintiff
complained was ingrafted, and it would then be for the
Jury to compare those facts with the account which
the defendant had thought proper to publish. The de-
fendant was the publisher of a monthly publication, in the
Welsh language, called the Welsh Star. In this part
of the country the Welch language was still a living
language, and the publication of falsehood through that
medium was more likely to derogate from the character
of any individual attacked by it, than if a similar publi-
cation had been made in an English newspaper. It hap-
pened that two men of the name of Birt and Woodward
went on the 6th April last to the house of the plaintiff for
some beer. The plaintiff, it appeared, kept three sorts of
beer, two sorts of beer which he sold at Bd. per quart,
the one mild and the other strong, and another sort which
he sold at 6d. per quart. The men above mentioned
were served with some of the strong beer, at Bd. per
quart; they drank it, went away, and shortly after re-
turned and called for some more. They were then served
with some of the mild beer at Bd. per quart. They did
not like it, and became so angry with it, that one of them,
in the height of his indignation, kicked the cup and
broke it to pieces. The plaintiff insisted on being paid
for his cup as well as the beer. At first that was refused,
but at last one of the men paid for it ; but, by way of re-
taliation, assaulted the plaintiff, and beat him so severely
that he was obliged to send for the peace-officers to re-
move the men who had been guilty dutch violence. Birt
and Woodward were then taken to the prison of Tredega,
and a quantity of straw was given to them to keep them
warm ; but some friends of the prisoners having con-
veyed a light into the prison for them to light their pipes
with, the straw was, by some mischance, set fire to,
and before the key of the prison could be obtained the
unfortunate prisoners were suffocated. The door was
soon after opened, and every effort that medical skill
could suggest was tried to restore them, but in vain.—
Such were the facts of the case, and the plaintiff was no
other way implicated than any other person might have
been who had sought protection from a breach of the
peace. A Coroner's Inquest was subsequently held, and
the jury returned a verdict of accidental death, a circum-
stance which must have been notorious to the whole neigh-
bourhood. The defendant,however, thought proper to pub-
lish a different account of it, and it was of the misrepre-
sentations therein contained that the plaintiff now com-
plained. The Learned Counsel then read a translation of
the alleged libel ; it was entitled, " Sad accident," and
detailed the circumstance of the man having gone to the
plaintiff's house for eightpenny beer, and stated that
plaintiff probably gave them sixpenny ; that in conse-
quence of that a dispute occurred, and the men were, by
order of the plaintiff, d off to a dungeon not to be
equalled on this side orflgrekdey and Algiers. It then re-
lated the circumstance of their death, and after calling
the plaintiff " a Hengist of a publican," warned all tip•
plers that there were other public-houses in Tredega,
where they could be supplied with beer without being in
danger of being sent to prison, and that it was not the
first time that people had lost their lives by the ungovern-
able passion of the plaintiff.
Witnesses were then called, who proved the publica-
tion of the Welsh Star by the defendant, and the other
circumstances detailed by the Learned Counsel on the
part of the plaintiff.
Mr. CANIPIRELL with whom was Mr. Sergeant Rus-
s x tr., then addressed: the jury for the defendant, and
contended that the plaintiff was not entitied to recover, as
he had offered to comply with the plaintiff's request, and
deliver up the name of the author of the obnoxious para-
graph. The Learned Counsel then read a letter from the
plaintiff's attorney requiring that the name of the author
should be given up, and an answer of the defendant's, as-
suring them that the author of the paragraph was not actu-
ated by any malicious motives ; and in a subsequent letter,
an apology was offered to be made in the next number of
the Welsh Star. The plaintiff's attorney declined that,
and said, that unless the name of the author was given
up, be should issue a writ and proceed to recover a com-
pensation for the injury sustained. A letter from the
defendant was also read, stating that the author would
himself apply to the plaintiff's attorney, in order to effect
an accommodation, and that the defendant would give
up the author's name if the plaintiff would sign an in-
demnity to save the defendant from further trouble in
the business.
Mr. TAUNTON replied.
Mr. Sergeant TARDY, in ameadag up, left it for the
Jury to say whether the defendant had been actuated by
my malicious motives in publishing the paragraph in
question.
The Jury, after a short deliberation, found a verdict for
the plaintiff—. Damages, 501.
CROWN SlDE—Refere Mr. Dares Yamaha.
Christopher James, aged 20, and Joseph Hornsby,
aged 19, respectable looking young men, were indicted

for robbing James Thomas, on the highway, and stealing
from him a tobacco-box and a knife.
James Thomas, the prosecutor, said, I was drinking at
a public-home at Lbuogoylrym, on the 6th of April last. I
left it at two o'clock in the day, and had got half a mils
when I was overtaken by the two prisoners. James came
?p to me, and lifting up my smockfrock put his hand
into my waistcoat pocket, and took out my tobacco-
box ; he then put his hand into my breeches pocket and
took out my knife; be then knocked me down and
gave me a kick. The other prisoner neither said nor did
any thing. I pursued them for an hour, and overtook
them when they had got about two miles on the road.—
Some people assisted me in the pursuit, and in about
anstbar mile further we took them. At that time the
Omen had changed coats.
Moses Thomas, a little boy, proved that about half a
mile from where the robbery took place, he saw the pri-
soner James throw away something, and on going into a
field, be found the prosecutor's tobacco-box and knife.
The prisoners, in their defence, asserted their innocence,
and Hornsby received a good character.
Mr. Baron VAUGHAN IA it to the Jury to say whe-
ther the prosecutor's property was taken with a felonious
intent, and if so, whether both the prisoners were con-
curring in the act.
The Jury found both the prisoners guilty.
Mr. Baron VAIIGHAN told the prisoners they would
quit this country for life.
TUESDAY, Avo. 25.—Richard Radnor, a respect-
able looking man, was indicted capitally, charged with
having feloniously assaulted Elisabeth Barnett.
• Mr. JUSTICE conducted the prosecution.
Elisabeth Barnett said she was 13 years of age last
month, and was then in the service of Mrs. Davis, of
Lawrence-court. The prisoner was a married man. On
the Bth July, at 8 o'clock in the morning, she was sent out
to the Red Barn-field to bring up the cows. On her re-
turn she met the prisoner; he asked her the way to Rag-
land; she replied she did not know it. The prisonerthen took
hold of her, and dragged her into a field. She cried out
as loud as she could, but he put his hand over her mouth,
and then accomplished his purpose. The prisoner after
that called her back, as she was running away, and said
he would give her some money. She continued to run
away, and when she got home told her mistress what had
happened, and described the dress of the man who had
ill used her. He was a total stranger to her. She is
sure the prisoner is the man.
Cross-examined by the prisoner.--She did not consent.
A girl named Susan had asked her what the prisoner had
been doing to her, and she told her he had done nothing,
as she was ashamed to tell her. She did not tell the pri-
soner her master would be coming that way.
Mr. Luke Davis said he lived five miles from Usk, and
the prosecutrix had been in his service about three weeks.
In consequence of what the girl said on the Bth of July,
he went to the field she had described, and them saw a
track in the grass, and went in pursuit of the prisoner,
and overtook him about six miles off, dressed as the girl
had described him. He said to the prisoner " You are a
nice fellow." The prisoner replied, " What have I
done ?" Witness said, " You have met with a girl this
morning," to which the prisoner replied that he did not
hurt her.

The prisoner in his defence said the girl had consented
to all that took place.
Mr. Davis, on being recalled, said he heard the girl
say that she did tell the prisoner she would be quiet if he
would not hurt her. Mrs. Davis could not attend, in
consequence of severe illness.
Mr. Baron VAUGHAN then summed up the evidence,
and the Jury found the prisoner Guilty.
His Lordship immediately paned the awful sentence
of death upon him.

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