Star.
London, England, 1829-09-12 00:00:00

T

BATTLE OF NAVARIN.

COURT MARTIAL %iron CAPTAIN DICKENSON. R.N.
Poargagoarr, Faiaar. Scrr. 11.

CAPTAIN DICKENSON'S DEFENCE.
The Court met at the appointed hour, when Captain
Dickenson proceeded to read his defence at considerable
length. It commenced as follows
Mr. President, and Gentlemen of this Honourable Court, may
it please you, Sir, and Gentlemen,— In respectfully presenting
myself to you on my defence, I have now to repel imputations
which Vice- Admiral Sir Edward Codrington has, at this late pe-
riod, thought St to adduce against me, the circumstances attending
which, it is universally felt, are of so extraordinary a nature, and the
manner in which they have assumed a tangible form altogether of so
novel a description, that the pages of our naval history do not, I
believe, any where present the like, involving not only my reputa-
tion as an officer, but establishing a precedent which may almost
lead every other brother officer to question the security even of his
own just character, and to join in doubting whether those hard-
earned laurels, which the sanction of our gracious and beloved
Sovereign, and the approving voice of our country, has long
yielded to any of u 4, may not rudely be torn from our brow, and
at a period, too, when, by lapse of time, it is become impossible
to bring all the proofs which bad existed, to show how justly
we were entitled to them. On this occasion, Sir, I feel that
most ard•ous duties are now cast on me, not only as relating
to myself, but to my brave companions in arms, who shared with
rite in the battled Nevada°, and who were more immediately
under my own command during the greater part of it, after
that command had devolved on me by the lamented fall of Coen-
modore Bathurst. And-not merely, Sir, to myself, and to these
my brave companions, but to the service in gesseral, does my
present duty extend." The defence proceeded to comment on
the serious nature of the charges, which in their effect came
within the scope of the 11th and 12th Articles of War, for punish-
ing disobedience, cowardice, negligence, and disaffection. The
circumstances which led to the imputations upon the conduct
of Captain Dickenson were then considered, and the defence
entered in detail upon the offer of the Russian Order, the
application to Sir Edward Codrington, the grounds of his re-
fusal, and the consequent correspondence with the Admiralty,
facts with which the public are already familiar. It then ad-
verted to the dispatches of the Vin-Admiral to the Lord Nigh
Admiral, dated the 21st of October, 11127, in which the conduct
and bravery of all those under his command were spoken of in
terms of the highest general encomium, and further to the sub-
sequent General Order dated October the with; in which the
'Vice-Admiral proclaimed the high seise he entertained of the
gallant and steady conduct of the Olken, seamen, and ma-
rines. " Notwithstanding," continued Captain Dickenson, " all
these accumulated expressions of satisfaction on his part, and
when more than one year and eight months had elapsed without
the slightest imputation in the interval being insinuated by him
against me to the contrary, and when military orders of the
Bath, of St. Louis. and of St. Ann, bad been conferred on me
by their Majesties, oer Most Gracious Sovereign, the Emperor
of Russia, sod King of France; and when I had retired from
the din of war, to repose in the bosom of my family, and in the
esteem of my friends and companions in arms, with these dis-
tinctions whirl I have now the honour to wear, I could but be
astonished that charges should at length be adduced against me,
diametrically the reverse of the Vice- Admital's public dis-
patches, and of his general order, and so incompatible and con-
tradictory to them. The public dispatches and general order alone
present a complete negative to the charges now brought forward.
If three days after the battleorrith full deliberation, the cooduet of
every one engaged fresh in his recollection, and every means at hand
for forming a judgment, if he then felt not the least ground for
charge against any, but, on the contrary, bestowed general approba-
tion on all, how inconsistent it appears that he should now, at the dis-
tance of twenty months, venture to hold me up as the only individual
amidst the whole of the combined squadrons who was a At subject of
the charges he has now brought, and should at length say he had no
reason to ',prove of the conduct of the Genoa from the time the cum-
mend of her bad devolved upon me r After commenting shortly
upon the manner in which the prosecution had been conducted,
and alluding to the repeated declarations of the Vice-Admiral, that
he bad not desired to press the charges to a trial by Coast Martial,
it was remarked, that whether the Admiralty or the Vice-Admiral
prosecutes, it is no dillicult problem to *oh* that the charges ema-
nate solely from the Vice-Admiral himself—that they spring from
his own mind, and that his letters are alone the source and the
fountain whence their Lordships, seeing bow grave they were, felt
it their duty to direct this court martial ."
With respect to the allegations themselves, as connected with the
letters in which they were conveyed, the following observations
occurred s

" The Vice. Admiral. and Captains Ormssaney. Curzon, Baynes,
Drake, and the ethers who did not belong to the Genoa, could
only speak of the occurrences as it regards the Genoa as spectators ;
and their accurate recollection is too much Impaired by the lapse
of time intervening ; and called, as they were, accurately to speak
to occurrences of twenty months, without having made particular
observations at the time, it was impossible any one could speak
with precision, and all were honourably anxious to qualify their
evidence accordingly ; so that their evidence is reduced to belief
and conjecture, or inference at most.
" The Vice Admiral first said that, front the position on which
he observed the Genoa, it did not appear to him that she made any
use whatever of ber springs, and that het broadside consequently
was not directed to her proper opponent ; and Capt. Curzon was
under the same impression, although he admitted that not being on
board the Genoa he could not tell, and that the extreme density of
the smoke was such that they could not tell friends from Turks ; and
although he had at first thought that his ship, the Asia,was receiving
some shot from the Genoa, his opinion was altered, unless she bad
fired ber luboard-broadside, which he had not then ascertained,
but which the Court now have; and it is established before them
that the Genoa never did, during the battle, fire her larboard broad-
side. The beautiful position she took could not have been tribe
if her springs had not been used ; and Capt. Curzon, as well as
Capt. Baynes, admitted that she bad never altered her position with
respect to the enemy during the whole of the firing, and that it was
the same as when she anchored; and though Capt.Ommatiey could
only say that she diJ not appear to him to be in the most favourable
position for engaging the ship opposed to her, yet he had no opportu-
nity of seeing whether she sprung or not atter she first anchored, and
all his evidence was constantly qualified with the density of smoke,
and Isis peaking to recollection ; but Mr. White, who was master
of the Albion, said the Genoa was placed perfectly right, broad-
side to broadside with her opponent, and that her opponent
was totally dismasted by the Genoa, and that her firing was
that becoming a British ship of the line ; and from Captain
Baynes it is elicited that the opponent of the Genoa was com-
pletely silenced, the two tine of battle ships opposed to the
Asia and Genoa having fell on board each other ; and the
Vice-Admiral admitted that he was delighted with the seaman-
like and courageous manner in which the Genoa took up her
anchorage, under circumstances of no ordinary difficulty ; and
although when the smoke cleared at intervals he observed the Ge-
noa was not using her springs, yet be said no signal was made to
her by him, nor any communication, nor any thing done to that
effect; and although the next day the Vice-Admiral would, on
referring to the minutes on this part of his evidence, have explained
that the Asia had no boat left that be could send to the Genoa,
yet it was afterwards shown that the Genoa herself sent a boat
with the master, and a hawser, to assist the Asia in getting
clear of the Turkish frigate, then on fire; yet it does not
appear from the Vice-Admiral or Capain Curzon that the least
observation was then made to the master by either of them,
with reference to any dissatisfaction the Vice-Admiral
might then have felt at the Genoa not using her springs ;
nor was any message sent to her by the master at that time, nor
at any other during the battle, In that respect, from the Vice-
Admiral ; and it was in 'positive terms said by Captain Cur-
zon, that no English shot were afterwards found in the course
of the repair of the Asia. Captain Robinson, being then Se-
cond Lieutenant stationed oa the lower deck ; Lieutenant Stott,
being Fourth Lieutenant, stationed also at another part of the
lower deck ; and Captain Smith, being the First Lieutenant of
the Genoa, all fully confirmed that the Genoa was constantly, as
much as possible, kept in the position she originally took, com-
pletely abreast of her opponent ; and that when she began at
all to diverge from it, instantly the springs were used; to bring
her back into her roper position, abreast of her opponent; and
that every soul, oi and men, on the lower deck, were em-
ployed therein when necessary, myself going down on the occasion
to the lower deck, end setting the example of hauling on the
spring ; that the Genoa's starboard broadside generally, and not
/merely her stern and quarter guns, were fired with the best
effect on her opponent, and it was impossible any officer could
have doors more, or shown more anxiety. than I did through-
out the action. to conduct myself as became me. Those are in-
deed subborn facts, all completely negativing not only the charge
of my not using the springs, but affirmatively of my own general
conduct. In regard to the charges brought against me, 1 would
first call the attention of the Court to that arising out of the return
of the killed and wounded, a sinister motive being imputed to me
in including the late Commodore Bathurst in the list of killed.
•Certain it le that he was returned as killed, and which was true in
tact. for be was actually dead when the report was made. He had,
as it is in evidence, received his mortal wound in fifty minutes
after the battle began, by a grape-shot passing through his body,
Isceradog his back-bone and protruding his bowels ; and be after-
wards survived this mortal wound in the tip abort half'

past one, not three, am. and to the Vice-Admiral I immediately
reported his death.
el It is proved that he did retain his faculties, but it is not proved
that he gave orders during the whole time of the battle, or that
atter he fell he ever issued an order of any kind. After the battle I
made my official written return of killed and wounded to the Vic-
e about two, e.n. on the 21st of October, and at that time
Captain Bathurst having been dead more than twelve hours, as it
has been proved to you, I returned him in the list of killed and
wourded, as killed. Although the Vic- Admiral charges that I pro-
cued the Surgeon's signature to the return, and would hence ir..i.
mate an impropriety in so doing (and which I repel, utterly dis-
avowing and disdaining any sinister object thereby), I contend I
could not at that time have made any other return. It did not
occur to me that I could, when making it up, state otherwise, fot
Captaiu Bathurst was then dead. And here, if I needed prece-
dents for such a return, the pages of our history afford me innu-
merable ; but I would advert to one of the most striking—that of
the immortal Nelsen, who fell in his ship. He, like Captain
Bathurst, was struck and mortally wounded in the battle of Tra-
falgar, and expired after the battle ; yet he was returned as
killed, and it could not be otherwise consistent with sound sense.
1 might quote also the instances of General Wolfe, Sir Ralph
Abercrombie. and Sir John Moore, and many others who were
wounded, but did n:st die until after their battle : they were all
returned as killed. And as to the log which the Vice-Admiral
offered u evidence on this charge, when Captain Bathurst was
mortally wounded, it was my duty, by the rules of the service, to
take the command, in abeyance, as it were, pending his existence.
When he died, it was equally my duty to retain the command ad
interim till another Captain was permanently appointed; and in
both instances the log, in its usual brief entry in the shape of mi-
nutes, only says, I took the command, and I say consistently
with truth it could hot be otherwi-e.
" My return to the Vice- Admital of the killed and wounded
happened at first to have had only two columns in it, one for
killed, the other for wounded—not contradistinguishing it by
separate columns as it has now, the severely wounded and the
slightly wounded—and when the Vice- Admiral saw my return.
he required it to be altered, with an additional column to dis-
tioeuish between severely and slightly wounded; and on his or-
dering it to be given back to Lieutenant Itobinton, the bearer
of it, for such an alteration to be made, the report wa■ brought
back to me, and an additional column immediately insert d,
but still having Captain Bathurst in the list of killed, and
this I affirm was the only delay which occurred in making it ;
and t►e Vice Admiral's memory also wholly f.ils him that his
public dispatches were delayed we hour thereby; but the Vice
Admiral again received the return, and immediately transmitted
it to his Royal Highness the Lord High Admiral, with the
other returns of killed and wounded, and they appear in his
uncial dispatches of the 21st of October, 1827, and in the
Ludas Gazette Earsionfinery of the 18th November, 1827.
But before so transmitting It, be, with his own hand, wrote
thus, opposite Captain Bathurst's name, in the return. ' Was
severely wounded, and died during the night," adding his own
signature, as the original list sent by him to the Lord high
and now on your table, shows. The coders of Capt. Bathurst
were followed up; and if, as I trust it will appear, the praise
which the Vice-Admiral vouchsafed to bestow on the Genoa at
the time was well deserved, it is to Captain Bathurst that the
glory of it is due ; and his followers in the fight feel consoled for
his loss by the justice of the tribute then paid to his memory.
Would that be bad lived ! He would then have enjoyed his own
reward—this Honourable Court would have been spared this in.
quiry. I should have escaped the painful and invidious situation
In which I stand; and, above all. my country would have been
spared the distres.ful necessity of such a scene. If, however, I
ought originally, in my report of his death, as more regular, to have
given the explanation of it which the Vier-Admiral himself
afterwards gave, he thought fit at once, with his own hand to
correct my return, making it in that shape which he deemed to
be most correct, and so he sent it to the Admiralty. How then
was it possible, in the nature of things, in the whole of this trans-
action of the return that there could be a ma statement on my
part, by which I gained or bad conferred on me any honorary dis-
tinction? The Vice-Admiral and myaelf were the only parties
to Use transaction. Where, or with whom, it any incorrectness
existed herein, did such appear, but to the Vice-Admiral himself
only, and ►y the Vice-Admiral only? And according to his judg-
ment it was corrected before the return had his sanction." Capt.
Dickenson then went into an examination of the evidence ono' these
heads, and strongly insisted upon the many failures of the Vice- Adl.
recollection of the circumstances connected with the battle, as a
reason why his statements when opposed to those of Sir Edward
Codrington, both being unsupported by evidence, should be pre-
ferred. Captain Dickenson then addressed himself to the charge
of firing into the Asia and Albion, and contended that it was wholly
disproved by the evidence of Captain Smith, which evidence would
be confirmed by other officers of .the Genoa. Upon the points of
not using the springs, and that the stern and quarter guns only
were fired, after pointing out certain incongrui:ies in the charges,
the defence ran thus :

1' Now, Sir, as to the first of these points, I contend that the
springs were used in the most eflicient and successful manner that
it was possible to be done throughout the whole time the command
had devolved to me, and that, as much as possible, our broadside
was kept to our appointed opponent. I had the utmost anxiety
as to the springs, feeling its groat importance, and I therefore gave
instant order. to Captain Smith when I thought it necessary, and
went below to the lower deck myself to direct the operation in
person.
Next, Sir, as to the stern and quarter guns, that they only
were bred, I imply answer this by a positive and complete denial
of it. I maintain, on the contrary, that not only were the stern
and quarter guns fired, but the whole broadside generally brought
to bear on our opponent with due effect.

" The nest charge is,' That the mlzen.mast was allowed to go
by the board the day after the battle; and in the third letter it is
said,' for want of being properly secured.' To this I can only answer
that it was badly wounded, and nearly cut through 10 or 11 feet
above the deck, and that every possible means which seamanship
could suggest were used to secure it ; and !refer on this part to the
evidence before the Court, and that nothing was left undone which
it was incumbent on us to do to save that mast. In the 3d letter of
the 17th July it is charged,' that the refittal of the Genoa for leaving
Nevada, and engaging the batteries if required, was unjustifiably
tardy, and that the same slackness prevailed on her way to Malta.'
I have merely to say in answer, that the t our' has gone into evi.
dance on the comparative damage sustained by the Asia and the
Genoa, and I hope to elicit that which the Albion received in the
battle. his will enable the Court to decide on the respective
quantity of work which we had to do, and whether, as stated by
the Hon. Admiral, the Genoa was less damaged than the other
ships, and whether our refittal was unjustifiably tardy. The fullest
evidence which I can adduce will he brought under your considera.
Liam, and in justice to the °Seers and men of the Genoa, I trust
that it will convince you how great in fact their exertions were
to get their ship refitted and ready to proceed according to
the Admiral's orders. Some of the officers who were called for
the prosecution did, it appears, entertain a notion that we were in-
ferior in that respect ; but if the evidence as to the greater damage
which we had to repair shall not fully satisfy the Court on this
bead, I would submit to its consideration how much greater was
our loss in killed, and our consequent dimiaution of strength ; but
above all, I would remind the Court of the loss which we bad sus.
tamed in the death of our Captain. And her,, in justice to the
crew of the Genoa. I must say it was impossible for men to exert
themselves more to get the skip ready tor sea than the Genoa's
did ; that they worked night and day, the hammocks not being
down for five nights; but I do not make these observations as in
any contradistinction to what was dune in other ships, but only to
show the unceasing labour of the Genoa's crew. It was not pos.
sibk for men to behave better ; and there never was a moment,
from the time of entering the port to leaving it, that we were not
ready (or action, and to renew it if called upon."

Upon the charge of slackness in rell•ting the Genoa, the defence
proceeds thus : "And as to the imputation that the slackness of the
Genoa prevailed on her passage to Malta, my defence must rest on
the evidence as far as h confirms the following statement. When
we kft Navarin the Genoa had her proper mainyard across, which
being heavily fished, added, of course, to its weight on the
wounded main-mast. Nine of the main shrouds being new and
unstretched rope, we were at first very apprehensive as to the
quantity of sail the mast would bear, and the first two nights
being dark and stormy. I thought the utmost caution and prudence
necessary, and as the Asia had jury yards on her mainmast, and
was consequently not under the same necessity to be careful,
I hope that our having dropped somewhat astern at first will
appear to be sufficiently accounted for. I can only add, that
as soon as we acquired sufficient confidence in the security of
our mainmast, I carried on it all the sail that appeared neces-
sary. and that as the Admiral did not reprove me by signal or
otherwise. for slackness in that respet, 1 never suspected his
displeasure on that scare until these charges were framed.
But it is not irrelevant here to notice, that in consequence of
our having a strong and good carpenter's CreVf, and their time and
labour being so well and elleiently applied, both at Navarin and
on the passage to Malta, we did not require either of the lower-
masts to be taken out at Malta, and were able to proceed from
thence after 15 days' refitting at that pert, and that our mainmast,
crippled as it was, was yet able to take us to England in 17 days.
having a very boisterous passage, and without the slightest accident
to hull, masts, yards, or rigging.
The nett charge in the third letter is, " That the Genoa con-
tinued arinf after the battle was over, at the risk, and to the
probable injury at the Allied skips, until hailed from the Asia to
cease.' It happened that sometime after our appointed oppo-
nent appeared to bare been silenced, a large marble lbw was

fired front her, which killed and wounded several of our people;
it was immediately returned from our guns, and almost at the
same moment the Vice-Admiral hailed us and commanded us
to desist. At that time no ship whate►er of the Allied squa-
dron was in the direction of our fire ; but it is to be observed
that our opponent had not struck her colours, or given the least
intimation of bee yielding. I could not, without a very serious
breach of duty, and violating the articles of war myself, endanger-
ing serious consequences to myself, cease my inntiot exertions to
continue the battle, and it is proved to you that there was then no
demonstration of her having yielded, so that my duty, in fact, was
to continue fighting; the symbols of resistance understood in naval
warfare were still displayed throughout the hostile Beet, so that
the ship having been once committed in action, I was bound by
my duty to continue the fight; and the authority of the Vice-
Admiral only could jurtify me in staying the fire; that authority
being given, we instantly ceased.
'• I now come. Sir. to the last charge brought against me, and
which is contained only in the Vice-Admiral's third letter of the
17th July. and was nor even hinted it in either of the preceding
letters, but embracing what he stated to be in the nature of a round
robin. One day, on our way to Malta. several of the petty officers
brought to me, un the quarter deck, a petition. folded as a letter,
and addressed. as it was, on his Majesty's service, • To the Vice-
Admiral, as Commander-in-Chief in the Mediterranean,' and
begging me to present it. Till that moment I had not the least
idea of their object, much less was it pr. viously known to me
that they were intending such an application. Of course I read
the petition on its being put into my hands, and I immediately to
this effect told the bearers of it that I could not comply with their
request in conveying it to the Vice-Admiral lest it should dieple ese
him, for although it was couched in such terms of respect, he might
think it intrusive on his province, and contrary• to discipline, and
I thetetore reourned it to th-on. In about two or three ♦ays af-
terwards the same pernitit again presented themselves to me on
the quarter-deck with theit petition. entreating me to convey it to
the Vice-Admiral, and assuring me that nothing but the greatest
reverence prevailed with alt the crew toward• him, and the
pretest respect to myself. and the' they should be most happy
if their petition were complied with. This second application was
couched in •o respectful and earnest a manner, and they seemed so
bent on bringing it Under the Vice-Admiral's notice in some more
objectionable mode if I did not forward it. I then thought it best
to take it myself to the Vice-Admiral, in order that I might have
the opportunity of explaining the circumstances attending it. I
was the more dispowd to take this course. hoping that my respect-
fiel explanation would utility the Vice-Admiral that it was much
against my wiala that a request should be intruded upon him of
such a nature and front ►uch a quarter. when he himself knew I
was not eligible at the time for the promotion prayed fen. I was
therefore induced, with those views, to say I would take au op-
portunity of putting it into the Vice-Admiral's hands."
The defence then recapitulates the circumstances as they ap-
peared in evidence relating to the settlement of this question of
the round robin between the Vice-Admiral and Captain Dicke:l-
- ; enforcing the impropriety of its now being made a matter of
charge, and contending that the document was neither a round
robin, nor in the nature of a round robin. Captain Dickenson also
entered into a distinction, shoving that the request expressed in the
document was in a " awspluini" sense, and not in that o. " requir-
ing or demanding," as was implied by the terms of the charge.
Another ground upon which he rested was his ineligibility to the
situation of Captain of the Genoa at that time. lie maintained
that all for which the document expressed the hope of the ship's
company was, that he siould be allowed to take the Genoa to
England.

The defence upon this head thus concludes :—" I now, therefore,
on the whole, submit to the Court, that whatever might have been
in the least degree improper in me, if it were so, in so hand.sig this
petition to the Vice Admiral, justice to the service had been fully
sati•fied ; and it ought not to have been, not ever should it be, the
subject of so grave a charge on hi. pin, and upon which too I
should be arraigned and tried by a Court Martial; and I Mere(' 11
do most confidently hope and trust this Hon. Court will feel that
not the least further censure is necessary, or ought, for the good or
well being of the service, to be inflicted upon me un this charge.

" In ore respect, I look back on this transaction with parti-
cular sorrow and surprise. Sir Edward Cudrington has deposed
that he returned me the petition from the crew of the Genoa,
' under a conviction that it had not really emanated from
themselves ;' and afterwards, more distinctly, that •he thought
it a contrivance of Captain S.nl'h and myself, to further our
views of promotion.' It is true, indeed, that the lion. Admiral
has now done me the justice to acquit me of this meanness;
but, Sir, I cannot forget (and I trust that the pain with which
I recollect it is both natural and pardonable), that I so long
stood in the eyes of my highest superior in a light thus con-
temptible. Could I have suspected the possibility of this un-
happy impression, when his praises were still recent, and my
heart yet warm with gratitude for the clemency with which be
lad pardoned my inadvettent error? Above all, could I have sup-
posed it possible, that while the f f my Sovereign was heaped
upon me at his representation, he considered me himself a mean
suberner?—that while I was thus stained in his esteem, he could
see me, without remonstrance, received as a companion of that ho.
:mutable order whose highest rank was his own reward ?"
Upon the point of Capt. Dickeeson's having visited the Asia on
the night of the battle, the defence proceeds thus--" It has been
doubted whether I bad mytell actually gone on board the Asia, on
the evening of the battle, to report Capt. B. being woutided, and af-
terwards, in the night, to report his death. I well knew this myself,
but none of the officers of the Asia who are here can recollect at this
distance of time. Happily, however, for me, I have now a witness
to prove his taking me on board the Asia, the evening after the
battle, just about seven o'clock. It was in a boat passing by from
another ship, the Cambrian, and which I hailed for the purpose,
as we had no boat at command. He took me on board the Asia,
when I announced that Captain Bathurst was mortally wounded,
and Captain Robinson will prove subsequently the manning a
boat in the night to take me to the Asia, to announce his
death; so that, connected with the other circumstances already
in evidence, all possible doubt must be removed from the mind of
every member of this Honourable Court on that point. The Vice-
Admiral coming from the Genoa to visit Capt. Bathurst, with other
circumstarces, were abundant proof that some alai or other had
reported his being wounded. Capt. Robinson manning a boat for
me in the night to go to the Asia, is conclusive that ent to an-
nounce his death, and it was most respectful to BathurstCapt that
both these should have been done by me, and they were so ; and
k was no wonder that, at this distance of time, those who were in
the Asia, who happened now to be here, should not be able to speak
to the circumstance of seeing me on board that ship, in the midst
of the contusion they must all have been in after the battle. And
now may I not confidently ask the Court, where, on a review of
the whole evidence, it can he pointed out any one charge has hero
substantiated against me? The best evidence are those from the
Genoa herself, and who were the eye-witnesses of the whole of
my conduct throughout the battle, particularly from the moment
I took the command of her on the tall of Captain Bathurst. The
Vice-Admiral himself, and the Captaine Thu were called from
the other ships, as I stated in the former part of my observa-
tions, were mere distant spectators, and their pines vaiiims con-
tinually interrupted by the dense smoke in which all were cove.
loped, and from the confusion attending a battle with ouch dis-
astrous effects every where around us as this presented, rendered
it utterly impossible that any out but those immediately en
board their own respective ships, could speak with accuracy as
to what was actually dune in them respectively. The Vice-Ad-
miral's memory is proved to have wholly failed him, even by his
own admission, in several most important instances, and he al-
ready stands positively contradicted by Captain Smith, Mr. An-
drews the purser, Mr. Linday the surgeon, Captain Robinson, and
Lieut. Snot, in several material parts of his testimony, which now
is also at variance with his then public acts. And the impressions
at this distant period on his mind must be rather, I am constrained
to say, but justice to myself demands it of me, that be looks back
through the distorting medium of those prejudices which have
unhappily been instilled into his mind ; and I ask the Court to
take a retrospect of the whole evidence ; and if your Judge Ad-
vocate will go through the whole, from the first witness to the last.
I say that from nu one of them is the positive affirmation of any one
charge established against me; for the must part the evidence is
merely conjectural and matter of opinion, and not matter.of-fact
observation." Captain Dickenson, after quoting from the defence
of Admiral Keppel, to show that note but persons on board can
judge with accuracy of what passes in a ship during battle, ad.
dressed himself thus to the subject of the position and fighting of
the Genoa through the action—'• If any gleans of doubt can poe.
111)4 adhere to the mind of any one Member of this Honourable
Court, oa any one point from any of the evidence which has
been given by the Vice Admiral and the Captains of other
ships he has called, I confidently trust it will be wholly removed
when the remaining officers of the Genoa are called--those who,
like the others from that ship, whom you have already had before
you, can alone testify with accuracy or certainty whether the wrings
of the Genoa were used or not, and every one of them I know will
fully establish and confirm the fact that they were used with cum
plete effect. and that we all fought our ship to the end of the
battle, and show you how completely mistaken is every
wino to the contrary, be it entertained by whom it may;
and when I confirm to you by all that it was not myselt,
but Captain Smith, who received the Vice-Admiral oo board,
and went with him down into the cock-pit to visit Captain
Bathurst, and that he saw me only on the gangway, on his return
from the cock-pit, and then highly complimented myself and all
the officers and ship's company for the part we had taken in the
action, and all which I shall have established to your complete sa-
tisfaction by the most irrefragable and conclusive evidence, and
moreover show that tie Genoa was not lying in the state the Vice

Admiral has now rPpresented wth her Lrboard bier to the es-
trunce of the harbour, but in the very contrary position, with her
• bead the reverse way. and that it was impossible, as she went in
and took her position, a, the Vice-Admiral stated she did, that she
could have laid so ; and if I establish these facts, which I am sure
I shall do, because they are the truth, and nothing but the truth,
and by the best evidence of which it is capable,—what then be-
comes of all the conjectural evidence which has been offered to the
Court, any of all the mi.taken notions of the Vice Admiral, which
be has thence fallen into?

•• \lnch stress, Sir, seems to have been Laid on the subject of :he
difference in the expenditure or powder in the three English ships
of the line at Nsvarin. I would submit. that while perfect accuracy
In the accounts was, under the circumstances, hardly attainable, the
greater quantity fired by the Asia and Albion may be partly thus
accounted for. The Asia's armament was considerably heavier
than ours, being chiefly 3g-pounders. The Albion is deposed to
have kept up a fire from both sides during most of the action, and
as Capt.Ontmaney states, never used her sprin.s,whik our lire was,
by this latter caute,repeatedly interrupted on the lower deck,and had
only one side engaged. I can only say, that we may appeal to our op-
ponent fur the efficacy cat our lire, and I believe it will Lie plotted
that it was kept up with all the rapidity consistent with precisior,
or to quote the words of a witness for the prosecution, • such as
became a British man-of-war.' " After producing certificates of
his service for thirty-one years, and stating that before the battle of
Nayarit. he had been thrice wounded, Captain Dickenson con-
cluded his defence no the following words : •' I shall call some
further witnesses, as I have stated, on my behalf, and shall then.
on my part, bow with reverence to your decision. repeating that I
leave my chat aver, and all that can he dear to me, in your hands,
asourekl that you will pronounce that judgment which shall at once
lulu-thee to mysed. and be satittactoty to ih: Service and the
Empire at large "
Lieutenant Smart, Capt..in Hob noon. and Mr. White, were
then clammed, after which the Court adjourned to Niue ta.C.ock
this morinu..