Star.
London, England, 1829-09-04 00:00:00

. .
by Captain Dickendon.
CONCLUSION OF THE EIGHTH CHARGE.

Capt. Eworr—Could the • Genoa fire her stern guns at the
Egyptian ships at any time of the battle. at the extremity of the
line, without danger to the Asia or any of the Allied ships.
Sir E. CODRINGION—CertainIy not ; the two larboard guns
which I frequently observed bet firing, appeared to me likely to in•
jure the Hind tender, which got between the A,ia and the Otto-
man lett. 1 observed her with considerable anxiety.

Capt. Ext.toTx.—Are you quite positive that the larboard-quarter
guns of the Genoa were fired eastward of the Asia or inside of her.
Sir E. Corium:nos—l am not quite positive, for I suspected at
one time she struck the Asia; I am quite sure that the could not
go outside the Asia.
Capt. Itioxietexu—Had the firing throughout the allied line
ceased at the time you hailed the Genoa to cease firing?
Sir E. CODRINGTON —Yes; my opinion was that the action was
generally over. There being guns going off, it was difficult to state
hut that some of the ships might have been enraged ; but I have
no hesitation in saying that the battle was generally over.
Capt. luoLeriet.n—Can you partieular.se any ship in the allied
forces that were bring at that time?
Sir E Cella INGTON —A 1) trs t that time the Albion was firing. I
am sure she fired after the explosion.
Capt. Isoutetxxn—llo you recollect any other ships of the Al.
lied line which were firing at that time ?
Sir E. CODILINGITON.—.I do not positively recollect. Only two
French schooners were firing, apparently at a Turkish frigate, and
I was under great anxiety lest the Hind should hr injured by their
fire. I endeavoured to stop their firing. I do not recollect any other.
Capt. Ext.torr—At what period of the action was this?
Sir R. CODIUNGTON—GeneraIIy throughout the action.
Capt. Euston—Could the Genoa's stern guns have hit the Asia
at that time Irons her stern port?
Sir E. Conansormr—They could not have hit the Asia. I never
saw in that position that they could strike her; they were always
directed against her opponent, a Turkish ship of the line, and she
appeared to me to engage her with her stern and quarter guns only.
Captain Eutore---Could you distinguish from what deck her
quarter guns were fired?
Sir E. CODILINGTON —The lower deck.
Captain Exttor—Were there any other schooners except the
French ones? _

Sir E. CODRINGTON—No other schooner ; there were one or two
lonian boats caught In the middle of the action drifting ahout ; the
people lowered themselves into the water, and were holding by
their sides.
Capt. Goa Doe—When you considered the Genoa's b:the to be
over, do you mean that her appointed opponent bad been silenced?
SirE.Constitosort—Yes, and also all the vessels in the inner lines.
Cross.examined by Captain DicicEssue-;-As you say that the
Genoa's stern and quarter guns only weir fired during the battle
at her opponent, ant I to understand that in this position she was
raked?

Sir E. CODSINOTOX—CertainIy.
This was the evidence on the eighth charge. Sir E. Codring-
ton was now called to depose to the ninth—" That Capt. Dicken-
son presented him with a letter which he considered as a Round
Robin, and the presentation of such was an act of insubordi-
nation."
Sir EDWARD CODRINGTON deposed as follows :—Capt. Dicken-
son. after presenting me some official papers in the Asia's e.bin,
at Navarin, said—Sir Edward. here is a letter which the ship's
company of the Genoa desired that I would present to you,
which 1 at first refused to do ; but upon their saying if I would
not take it. they would themselves send it, I thought it snore
respectful to you to present it myself. He then gave me the
paper in question. Considering it as one of those compli-
mentary effusions of which, sooner or later, I had a vast
number of, and having plenty of important matters to at-
tract my attention, I did not then read it. Subsequently, I think.
when lying ill in my cot, I read this, with other papers which I
had been reading of minor importance, and when well enough, I
considered the subject, and I sketched out a letter to Captain
Dickenson, and that letter was expressive of my opinion of this
act of insubordination, and considering it as not merely coming
from the ship's company of the Genoa. I therein directed that
he would return the document, and explain to them the impro-
priety of their conduct. The matter stood over tin our arrival at
Malta. I bad shown the letter to several persons ; Captains Dra-
mmen Spencer, Curzon, and Baynes, I think they all saw It; I
was told by Captains Ommaney and Spencer that Captain Dicken-
son had expressed contrition for the error by had committed; be
declared, and they believed it, that it was done inadvertently.
I desired to see Captain Dickenson, and when waited upon he
so expressed his contrition, as stated by them, and so declared
that it was done inadvertently. I asked hint how long he had
been in the Genoa ; he told me, in answer, about five months.—
I asked him bow he could expect me to believe, that after he
had been only five months in the Genoa, and not being the
Captain of her. they could be so attached to him as to have sent
me such a letter ; and under a conviction that the document in
question did not in reality emanate from the crew of the Genoa,
and thinking that, under all the circumstances, that it would be
best for his Majesty's service that I should take no further no-
tee of it, I gave back into his own hand the document in
question, and the sketch of the letter before mentioned, which
I had written in consequence. I desired him to weigh well
the contents of the document, and my answer before be
destroyed them, and I informed him that I retained no copy
of either. The substance of this document was, that the petty
officers and ship's company of the Genoa are much delighted at
the noble manner in which your Honour led the fleet into battle
with the Turks. We congratulate you on the great and glorious
victory you have obtained, and they were particularly pleased at
the manner in which their late gallant Captain brought the ship
into action and conducted it until be was mortally wounded. Since
we have lost him, we beg to inform you there is no officer in the
fleet we should like to serve under so much as Capt. Dickenson. We
therefore hope your Honour will appoint Capt. Dickenson to
the command of the Genus, in preference to any other officer, or
words to that effect. I am not quite sure as to the precise words,
but I am very confident of the substance.
The Parsinewr—Was the paper signed?
Sir E. CODRIXOTON—No, it was not signed.
Pazinomix—Had you any reason to suppose whether that letter
was the production of the Genoa's ship's company ?
Sir E. Coneistwrox—..l have stated in the former part of my evi-
dence that I did not consider this document to have emanated from
the crew of the Genoa, and I um now more strongly of that per-
suasion than I was then. My reason is from the erroneous return
of the killed and wounded ; and a personal conversation I had
with Captain Smith at the Admiralty, induces me to believe that
both these documents in question were a contrivance to forward
the promotion of Capt. Dickenson and Capt. Smith.
Sir H. BLACKWOOD—What did the conversation between you
and Captain Smith allude to?
Sir E. Comatuvon--Captain Smith told me that he was about
to wait on Lord Melville to seek another step, meaning to be made
a Post Captain, and asked me to assist him. I answered," No,
Captain Smith, you have obtained one step for the battle of
Navarin; I am not in favour to ask anything from the Ad-
miralty just now, and if I were, there ate others who have stronger
claims on me than you have." He replied, " Yes, but my situation
is a peculiar one, the Captain having been killed in the battle." I
rejoined instantly, and said, 4. Captain Smith, take care what you
say ; Captain Dickenson has made a great error in making that
report, and you should take care not to do the ume." " I beg your
pardon, Sir," mortally wounded, was his reply.
Paaansate—Were you acquainted with Captain Smith before
you saw him on board the Genoa?
Sir EDWARD CODRINGTON.-4 knew Captain Saten's face when I
first saw him, when the Genoa joined us. He reminded me of
serving under me before.
Sir HWY Bw►aawoeD—At what period did this Conversation
take place with Captain Smith at the Admiralty? Was it at the
period that the correspondence commenced, which brought on this
Court Martial?
Sir Enwmua—lt was in the early part of it—l was at the Ad-
miralty about it.
Sir Manse Busczwoon—Having looked over the circumstance
respecting the Round Robin as related to Captain Dickenson. with
a copy of your intended letter, what circumstance induced you to
bring it forward again?
Sir E. Conantwrox—A question arose respecting conferring ho-
norary distinctions upon the then Commander Dickenson, of the
Genoa, and Commanders Baynes of the Asia and Campbell
of the Albion. Captain Dickenson had, by some mis-
take, been allotted two Russian distinctions, one from Prince
Lieven In England, and the other through Count Heiden, in the
Mediterranean. I say mistake, because it was clearly not the hi.
*tendon to bestow two honorary distinctions of the same nation—
one was conferred in one place, and the other in another. In fact,
there was great confusion with respect to the distribution of these
distinctions—some of the Officers coming home, and others re.
turning to the Navy. I explained to the Admiralty that it
mast have been a mistake, and I expressed my regret that

Captain Dickenson, of whose conduct the b tale, I. as Com-
mander-in-Chief, did disapprove. bat only that he should
have had say honorary distinctions, when those which I
had given, by the directions of the Admiralty, to Captains
Baynes and Campbell, should be taken away from them I de-
livered the !mirth order, St. Latimer, to Captain Baynes, in the
Mediterranean. and be delivered his hack again, by the du ections
of the Admiralty, and Capt. Campbell's was withheld from hint
lie never got it, being in England when I received them for dia.
trituation at Malta. I mean to state that the Russian allStIO:li011
given to Capt. Baynes by proper authority, was taken away Irons
him at about the same period, when it was a question whether or
not Capt. Dickenson was to have two Russia distinctiurs. I
was then asked by the Admiralty the grounds of my disap-
probation. and thinking their Lordships had Wirt+ the
sante view which I did, of what was equal justice
in the disttibution of those distinctions, and were desirous
of having before them ou..:11 a statement front toe, as
Commander in-Chief. as would either lead to their giving Captain
Baynes the same honour possessed by Captain I ticketeson, or take
front Captain Dickenson that which was conferr. d on bim—at
least, to place them on the sante level, I made a statement to the
Board of such part of the dtsapprobation as I had of Captain
Dickenson's conduct, as I thought it would answer the purpose,
en receipt of that ratement,-without further ci mmuniest ion with
me. I was informed by the Board that they had ordered a Court
Martial ; that the Deputy Advocate was directed to aptly to me
for evidence. and the means of carrying on the prosecution. I
presented myself to the Fust Lord of the Admiralty, and told him
the object for which I had written the letter, and having passed by
all I had disapproved of in the onduct of Copt D cketison, lan it
was quite contrary to my I...clings that he should he ever hr,.u,tltt
to a court-martial ; I was well aware that there was a power even.
me by my naval isistructioos ; but it was a power I Shouiti never
willingly ea rcise, having a strong opitt ttttt of its irjted.ce
Lord Melville told me that the order having been pruniulgated,
it could not be withdrawn, after what I hail stated but
if, in consideration to Captain Dickenson, and with a view
to enable him to clear up the disapprobation I bad expressed.
was the object of the board, it would he, its a certain
degree, a Court-martial in myself. and therefore I should be
obliged to state all I knew of Captain Dickenson's con 'trt.—
Lord Melville then observed, that under the circumstances,
although it was not his husiness to apprise me, he thought it due to
myself at el the public service, that I should state all the points of
Captain Dickenson's conduct which I had disapproved of.
unwilling to see the matter brought to this extremity, in answering
the Admiralty letter, I so worded it 44 to afford an opportunity of
withdrawing the order, giving my ()pillion that it would nut hi.ve
the effect of clearing Captain Dickenson, but would be more in-
jurious to him. I was nevertheless directed by the Board to staie
all the points of disapprobation of the Captain's conduct, awl 1 was
informed that the Board wouNI withdraw the first end, r, and
would issue a second founded on my subsequent letters.
Sir H. litacewoou— Would the Admiralty have kown the exist-
ence of this charge, had you not informed their I ordships ?
Sir Eowato—They never would have known it trona me, Lad
they not called for a .tat-mant.
Sir H. BLACKWOOD—Then why did you bring forward charge.
that you had already looked over, and had turn the documents?
Sir EDWARD-1.3t.Ca114C their Lordships, in • letter of the 1 nth
of July. signed by Mr. Narrow, informed me that, under all the
circumstances, it was due, as well to the character of Captain
Dickenson as to the public service, that the matter should be fully
investigated; and that their Lordships had directed that I should
he informed that it will be the must convenient course, that I
should state to the Secretary all the points of Captain Dickenson's
conduct with which I was dissatisfied, and their Lordship's would
therefore issue a new order for the investigation of such statements
before& Court-Martial, erounded upon my former letter.
Sir H. Beaccwoon—Did you ever eta c to the Admiralty that
y 'u were ready to look over that charge of the round roUitt. and els
pressed the feelings you have now expressed ?
Sir II,DWAII/14.A4Certainly. I considered it entirely looked over.
In a letter to the Admiralty of the f."Jth July, I wrote thus :
" I beg leave to explain, that the only motive by which I have
been actuated has been to obtain equal justice ; allow me to repeat.
that I have no desire to recur to the exposure of Captain Dicken-
son's conduct before a Court Martial, after having once, errone-
ously or not, consented to overlook it. I nevertheless thought
it right, in deference to the opinion of the Board of Ad-
miralty, to place before them all the information which I
possessed on the 'abject. I cannot, however, think it incumbent
on me to enter into the details referred to in your letter, nor to in-
terest myself for them in the final result, than in very respectfully
wishing that their Lordships may succeed in a measure which they
think indispensable, and which is essentially due to the character
of Capt. Dickenson, and best conducive to the public service."
Sir H. Buicxwoon—Was the honorary distinctions shared by
Capt. Dickenson.—Certainly not, I believe.
Sir H.BLacswoors.— Is it, or is it not, your opinion, if at any period
of your communication with the Admiralty, either in the origin
or the sequel, that you did not think, from the lapse of time which
had occurred, being undeserving of a Court Martial, and as not pro-
ducing any probable good result to his Majesty's service, that their
Lordships would have ordered the Court Martial ?
Sir F. CODIMIGTOW—I consider that in the course of my tor-
' respondence with the Admiralty, I expressed the strongest possible
objection to the Court Martial, but their Lordships persevered.
Admiral °Twat—Did you send a list of the names of Officers
for the distinctions to Count Heiden?
, Sir 80w.% an—Count Heiden asked me for a list of Officers
serving in the English squadron of the rank of Commodore and
upwards, as he knew that the Emperor of Russia was anxious of
showing some marks of his approbation of the conduct of the
British squadron. I gave him a list.
i Admiral 0TW.111'44 Was Captain Dickenson included in that list ?

—Certainly.
Sir H. BLacitwoon—What do you consider the nature of a
round robhs. and describe it?
Sir Eowaao—l consider around robin to be a paper with a num-
ber of signatures in a circle, so as to prevent any particular oat
being selected as a ringleader. I consider a document in the na-
ture of a rowed robin, which purports to emanate from a body of
inferiors, with a view to influence improperly superiors in the line
of their public conduct with respect to their inferiors.
PILINIDINTWere there any signatures to that letter ?—No.
Cross-examined by Captain Dicemison—When you arrived al
Malta did you not say that if I would write you a letter, asking
permission to withdraw the one 1 presented to you, you would
allow me to do so?
Sir Howaso—l do not think I did.
Did you not ask me to dine with you at Malta?
I do not recollect ; it may be possible.
The Court then adjourned till to-morrow (this day).

DARING ATTEMPT AT BURGLARY.—Last night,
between the hours of eight and nine o'clock, a noise was heard in
the upper part of the house of Mr. Wilson, landlord of the Plough,
wine vaults, Old Horton Town, and upon bis proceeding up stairs
two men were observed in the act of putting out a candle, with a
bundle of Mrs. Wilson's clothes, which they bad made up in her
bed-room, in their possession. Mr. Wilson immediately entered
the room with only a penknife in his hand, and attacked them, ard
would, mist likely, have taken them both prisoners, if, on his at-
tempting to open the door to call for help, they had not precipi-
tately tied. Mr. Wilson was wounded in the face and arm by •
sharp instrument; and he has no doubt of having wounded the
burglars with his penknife, as his clothes are much atnined with
blood, part of which, he supposes, flowed from them. The-vil-
lains are no: unknown to Mr. Wilson, as they were observed
lurking about the premises some time previous to their attemptil
the burgl.try. This is the second att.:nirt wit tin the last month
rob Mr. Wilson's house.

COEN...EXCHANGE, MARK—LANE, Sam 4.
We continue in the same lifeless state as un the last market•day,
and the favourable change in the weather tends to augment the
depression. There wear many country buyers, but no Aoreir•a
Wheat was disposed of. Barley and Oats were also in a 'tapas t
state. IMPONTATIONO !MCI MONDAY.
Wheat, English (qrs.) . 3,950 Barley, Foreign
Irish I Oats, English .

. 1.550

2,t400
9
. .38:1
• :OW

. _
Foreign . .11.4001 Foreign
Barky, Engll4l ; 2,6701Lich
Irish . . Flour (4selis)
SMITHFIELD MARKET. WT. 4.
CATTLI AT lIARTICT.

Beasts 511 j Sheep 7.700 j^ Pigs 120 Calves
Beef. .3r 104 to 4s 2.1 1 Veal . . 4. 4.1 to 5. 04
Mutton . 41 04 4. 44 I Pork . .4s 04 4s 84
Lamb . is 44 S. Od f
lisp per load. 4'2 15s. to £4 10s. Clover £ 15, to ..€4 106.
Straw £2 Bs. to £2 14s.
COAL MARKET—Tats Day.

HALF-PAST Oro—The supply of Sunderland and Newcastle
Coal at market to-day was very plentiful. 56 new Ships basin;
arrived since Wednesday last, making a total, on the week's arrival,
of 207 Skips. The Coal Exchange was well attended by buyers,
and Coal were in good demand. Number of Ships arrived doting
the present month, 88.
Best Welland Coals 541. Od. 540. 64.
Other sorts Us. Od. 321. 6d.
Sips at Market B3.

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ASSIZE INTELLIGENCE.

WESTERN CTRCUlT—Brurret, Sin. 2.
SPENCER. V. GRANT.
Mr. Sergeant WILDE (with whom was Mr. BatcE)
stated that this was an action brought by Mr. Spencer, a
resident in this city, to recover a compensation in da-
mages for the breach of an agreement entered into be-
tween the plaintiff and defendant, thatthe defendant would
not open a shop in the same line within the city of Bristol ;
this agreement he had broken, and it was for them (the
Jorv) to give such damages as they thought the plaintiff
entitled to receive. The defendant's conduct he con-
idercd most scandalous, and such as he hoped few in
she city would be guilty of. He (the defendant) was a
surgeon and apothecary, and the plaintiff was a respect-
able individual who kept a shop in the same line at a
distance from the city. Grant wishing to dispose of the
business, advertised it for sale, and a bargain was entered
into by which the plaintiff was to pay one hundred pounds
for the good-will, and the stock and fixtures to be paid
for at a fair valuation, and the whole sum paid was 3501.
On the 4th of August, 1827, an agreement was drawn up
and signed by the parties, by which the defendant un-
dertook not to set up within the City of Bristol. This
agreement was kept by the defendant, and from what
has since transpired, a dispute having arisen between the
parties, application was made to the defendant to produce
the agreement ; this he refused to do, and the Jury might
judge from his conduct the disposition of the man ; on
that occasion he said, " True it is I had it, but it was
not stamped, and I have burnt it ; whether he had
AO done he (the Learned Sergeant) would not pre-
tend to say ; but he would say that he (the defend-
ant) would gain nothing by the attempt at fraud,
for he should be able to show by a paper in the defend-
ant's own writing, sufficient for the purpose of making
out the case. The question for the jury would be, what
damage they thought the plaintiff had sustained. He ap-
prehended that where a party entered into a formal con-
tract for a business of this description, they would not
countenance such conduct as the present, which tended
to deprive the plaintiff of the means of gaining a liveli-
hood. He could not tell how many customers the plain-
tiff had lost, but the defendant had opened a large shop,
and appeared to be gaining a large connection, while the
plaintiff on the other hand was losing his. What de-
fence could be set up he did not know ; but if there was
half the fraud in the defence that there had been in his
conduct, the jury would soon come to a decision as to
the sum they should award the plaintiff ; and they would
give such damages as would show the defendant that he
would be no gainer by such conduct.
Notice to produce the original agreement was admitted,
and affidavits were put in, by which it appeared that an
agreement had been entered into between the parties, but
that it was unstamped, and that the defendant, thinking
his part of the agreement performed, destroyed it. The
substance of the agreement, in the handwriting of the
defendant, and signed by the plaintiff, containing the
terms, was then put in.
Mr. C. F. WILLIAMS, for the defendant, objected to
its being put in in evidence, contending, on the authority
of Rippins v. Wright, 2 Barnewall and Cresswell, that
the original agreement being unstamped, a copy of that
unstamped paper could not be admitted in evidence.
Chief Justice Ti x DAL—The defendant has entertained
I wrong idea of the agreement ; his contract was not at
an end on the payment of the money by the plaintiff.
I shall admit the copy, with liberty for the defendant to
move.

Two witnesses, both under 16 years of age, in the
plaintiff's employ, proved the state of the business when
the plaintiff took it ; also that it had very materially
fallen off, and thnt the defendant had set up in the same
business within a short distance ; there was also a witness
to show that she had formerly dealt with the plaintiff,
but since the defendant had opened his new shop she had
dealt with him.
Mr. C. F. WILLI A MS, for the defendant, said he did
not regret the decision his Lordship had come to in ad-
mitting the paper in evidence, as it would save the par-
ties the trouble of again coming down for trial. It was
his duty to submit a few observations for their (the
Jury's) consideration. The Learned Sergeant had
used harsher words than he was generally accustomed
to do, thereby wishing to create a prejudice against
his client. He could show, if it were admissible in
evidence, that the defendant was " more sinned against
than sinning ;" but he was obliged, by the nature of the
else, to confine himself to the agreement, and to show
the Jury what the real case was that the plaintiff had
made out. Only one witness had been called, out of so
large a city, to show that they had forborne to deal with
the plaintiff. How was this to be accounted for ? It
was obvious that the real cause of the business falling off
was, there not being proper persons to attend to it. He
would appeal to them (the jury) as men of the world, how
they would like, when they went into the plaintiff's shop,
to he served by the first two witnesses called ; one of whom
was a fine smart boy, but who probably had on his first
pair of trousers, and the other a lad who, none to his dis-
credit, did not appear to have sufficient learning to know
the name of the drugs he was dispensing to his Majesty's
subjects. Was that the way for a man to conduct his
business, and then come into Court to claim damages ?
Were they the persons likely to give satisfaction to the
customers using the shop, and on the whole, could they
(the jury) come to any other conclusion than that the
failure of the plaintiff's business was more attributable to
the manner in which it was conducted, than to the de-
fendant's having opened another shop, which he (the
Learned Counsel) did not attempt to justify, but as he
had before told them, if he had been able to shew them
the real nature of the case, they would give the plaintiff
but very moderate damages; as it was, he trusted the
sum they would award the plaintiff would be small, and
he knew it would be such as would meet the justice of
the case.
Lord Chief Justice Tx!: ns I. summed up, and told the
Jury, as there was no evidence to show what loss the
plaintiff had sustained, and altogether the evidence being
very slender, and not giving that full information which
a case of this nature required, the damages they gave
should be reasonable.
The Jury, after a short consultation, found for the
plaintiff, damages 1001.

A few days ago two young men named Bourdet and
Renew, the one aged 2S, the other 12, were tried at Rouen for
assassination and robbery. The victim was a woman named
Dnvivier, who was found in her hou4e near that city bathed in her
Wood, on the 12th • April, a dreadful wound having been inflicted
in her neck. The > ted kept a baker's shop, and it was proved
that Bourdet wst to buy mom bread at the time when
the assassination &WM prapeny which ivas known to
have lielongertik • " woman wailbood in Bourdet's posses.
sion for whipit ' • ted by sayku bad been given to him
by fiN tam Met:— Hestia:, hoWever, denied this,
and tie tiro p • °f en,. endeavoured to shew that it was
commit ted bd the Miler: 'The 'eildrace, however, proved that they'
both participated in it ; and the jury having found them Guilty,
they were sentenced to Dee&