The Statesman.
London, England, 1809-07-29 00:00:00

THE STAILS AN.

.

IREQUISI77O,.I IV THE LORD Mditiß.

The Loon Slivorr wilt Ito/t1 a Court of Corn.
neon Couecil on Tuesday next, at twelve o'clock,
at Guildhall, in consequence of the following Re.
quisition, numerously signed, which was present-
ed yesterday

66 N r Logo—Re, the undersigned Ilembets of the Court
of Common Council, deeming it highly improper and dero-
gatory to the character of the Court, to safer the notice of a
motion to stead over, which proposes •to rescind a vote,
pawed on the titli day of April lasi, after the finest discus-
sion, expressing its thanks and gratitude to Gwirt.Llts
Lt.orn W.tante, E.sq. for his zeal, intrepidity, and patri-
otism, in exhibiting and substantiating serious chlrges against
the late Commander in (Thief; do hereby request your Lord-
ship to r.‘ll a Court of Common Council upon an early day,
for the purpose of considering the s•e+ne."'

L‘111," INTELLIGENCE.

COURT OF CHANCERY.

Friday, July 28.
MORRIS versus COI M 1,1.

Sir S. Rontut.v, on the part of the Plaintiff,
moved for have to produce additional affidavit'',
for the purpo.e of showing mismanagement in the
affairs of the Ha) market Theatre ; and added,
that Mr. Colman had thought fit to withdraw
one of his pieeis from representation, which hid
very much tended to diminish the profits of the
concern.

The LORD CHANCELLOR appointed the fur.
ther hearing in the cause tO stand fur Monday
next.

LONDON SPECIAL SESSIONS,
GUILDHALL, .Ivry 28.

INSOLVENT DEBTORS.

John Philip Davis was opposed by Mammon
and Co. of Fenchurch-street, grocers. on the
ground of obtaining money from them under false
pretences.

The Pris2ner went to their horse, and rrpre.
rented to them th ,t he had 12 bags of coffee to
dispose of, out that he had tint paid the duty ;
that he was desirous of sellin4 the coffee to Messrs.
Hammon and Co. at A price tt Heil he stated, pro-
vided they would advance the money to enable hi•n
to pay the duty of Excise and Customs, amount-
ing in the whole to about 4311.—T0 this they con-
semi! ed, and advanced that slim of money to him,
fur thu purpose which he mentioned. It turned
out, however, that he hail scarcely' cot the money
in his pocket, when he scampered off to America,
where remained several months, and, that so
far frem hi► wanting cash to pay surf, duty, he had
nut one bag of cutlee in the Customs) or else.
where.—lle was finally remanded.

BRLANING THE RULES.
John Dowling BuVke was opposed, upon the
ground that he had extended the rules of the Fleet
Prison, Ludgate.hill, to Vauxhall Gardens. A
Gentleman in the Law happened to be at Vauxhall
Garden,. during the la►t summer vacation, and at
a time (a. he cunjecttir..4l) when the Defendant
could nut Obtain day miles; and he saw him and
.hok►• to him. On hi 3 cross.examinvion, how.
ever, he *wild nut swear positively whether, at
the time he saw him, it was, or uas not in Term ;
neither could hu positively swear whether, at
the time be saw him, it was after the hour of 11
at night. The Court, thinking that the escape
wa% not proved, allowed the D..fetidant to avail
hi:uself of. th:: benefit of the Act.
CUM. CON.

Geore,e Samuel Harris. Esq. late an Officer in
his Alajegy,s Forces, was lieu introduced to the
notice of the Court.—lle was opposed on that
clause of the Ac,, which precludes from its bene-
fits all who arc in custody for adultery, seduction,
and malicious injuries done to others. From the
statement of Mr. Bo!land it appeared that in the
year 1801, a judgment was obtained by default
against the Defendant, for criminal conversation
with Anne French, wife of James French, Esq.
of the Island of St. Vincent, and damages given
to the amount of 10001. That he was nut found
until about two years ago, when he WAS taken in
execution at the suit of Mr. French, and lodged
in the Fleet Prison) where he has ever sine;: con-
tinued.

Proofs of the proceediti4s in the superior Courts
were giv►n, and of the judgment and verdict of
the Jnry ; he was also identified, And the Court,
after hearing Mr. Alley, at c'n►siderable length,
in his behalf, observed that the. Act was ►mandatory
upon them, and he Tnst be filially remanded, as
this Act dues not reach hi; case.

The Sessions C.en adjourned to Monday, the
I Sth September next.

liis Grace the Lottb LicuTINANT of Ireland
has refused to grant a Patent to Mr. TA6EOT,
or soder any infringement on the Patent granted
to Mr. Jolt's. It is conceived that it would be
an evident injustice to the Proprietors of Crow_
street Theatre, aha were hound (in considera-
tion of an exclusive Patent) to tory Mr. DALY
10001. a-year, and 7001. after his demise, to the
survivor of nine children. IVe are assured, from
the best authority, that 10,000 t. have ba:en ex.
'moiled mu the improvements of the Theatre, and
the disbursements of last year were upwards of
18,0001. The Theatre is now untlergumg a
thorough repair, the roof is to be raised, which
will give a better tiew from the galleries, and the
entire Theatre will be painted by the celebrated
artist, Mr. Maittamt, from the Opera Dottse,
who has been some months employed iii executing
the de.ititis.

Mr. Consols performing at Glasgow. During
his engagement at Ealitibil);ll, he, in the must li-
beral manner, volunteered his services fur the be.
iit of Mrs. and Miss M evict at Glasgow, where
he arrived in time to play .Skylock, io public, and
the kind and benevolent tro lid in private ; refu.
sing all remuneration, although obliged to post
with four. hors..s, the next morning, preparatory
to his performing the ensuing mot, for his own
benent at Eifitibur;,h. —llr. itoCx, also, most
generously volunteered his services upon the same
trecastoll.

GENERAL ORDERS.
" hone-Cururdu, July 43, 1109.

At a General Conrt-Mattial, held at Chelsea on
the 3J Julie, 1809, and continued, by adjourn-
ment, to the 15th of the same month Captain
Francis Drew, of the 45th Regiment of loot, was
arraigned upon the followhagCbtrges, viz.:— I
" First—That Captain Dresi Ald, nit the 4th busaarj,
IRO% at or near Las Reims, fo Spain, behave in a Sapper
highly disorderly and unofficcrlike.. la addreashig Lieutenant-
Colonel Colonel Peacocke (then commanding a detachment of this"
British Army employed on a particular service, In which be;
Captain Drew, belonged) in a peremptory and disrespeetfal
tone, and insittint upon his proceeding with the said detach-
meat by a particular route, which he. Captain I)rew, pointed
oat, mid remonstrating w ith Lieutenant-Colonel Peacocke,
his Commanding Officer, for not consulting him on matters
ogle** to his command ; ruch conduct being a breach of his
duty lb an racer, and to the prejudice of good order and mi-
litary discipline.
" Secondlv—That Captain Drew did, on the 4th day of
January, IRO9. at or near Les Besnue, is Spain, begin and
excite a mutiny in the (brach:neat of the British Army, under
the command of Lieutenant-(7olonel Peacocke, consisting,
amongst .there, of part of the 45th Regiment of Foot, to
which Captain Drew belonged, by ordering the said detach-
ment to halt, without any authority from Lieutenant-Colonel
Pe cocks, and in the presence and in the Iscariot of other
officers, son-consmissioord officers, and soldiers of the several
regiments composing the defachment.demanding, is a most pe-
remptory manner, of lientenant-Colonel Peacecka, the en-
tlouity 6y which 1w permed the line of march he proposed
to take, and debiting, that if Lieutenant-Colonel Peaeocke
would not show Ilia authority to him (Captain Drew), be
(Calitaia Drew) would not proceed in the march.
" Thirdly—That Captain Drew did, on the 4th January,
ISM, at or near Los Memos, in Spain, behave in a mans r
highly unolficertike and di-orderly, in taking neon ithleterf
to order a detachment of the British Army, under the com-
mand of Lieu telmat•Cettonel Peacocke, to u Kieft he, Captain
Drew, brimmed. to halt, without any aetbority from Lieu t.
Po-arm-kr ; and in a peremptory and discs-specterl
manner refusing to proceed on his march, unless LkaL-Col.
Pear..che would thew to him the authority by which ha acted.
cut+ conduct being in breach of his duty as an °Seer. *ad
to the prejudice of good order and military discipline."

Mom which charges, the Court came to the
following ticeigion :

The Court, after duly weighing the evidence,
aryl whit Captain Drew has urged in his defence,
is of opinion that he is guilty of the first part of
the first charge, viz. " That he did, on the 4th
of January, 1809, at or near Los Banos, in Spain,
bel►eve in a manlier highly disorderly and unolii-
rerlike, in addressing Lieutenant-Colonel Pea-
cock', in 3 peremptory and disrespectful tone,
such e.,nduct being a breach of his duty as an
officer, and to the prejudice of good order and mi-
litary discipline ;" but that he is not guilty of the
rest of the said charge, and doth therefore acquit
him thereof.

The Court is of opinion, that Captain Drew Is
not guilty of the second charge, and doth there.
fore acquit him.
Tho Court is of opinion that Captain Drew is
guilty of the first part •of the third charge, via.
" That he did, on the 4th of January, 180, at tilt
near Los Besnos, in chain, behave in a manful/
highly ttoofficerlike and ilisorderly, in taking upon
himself to order a detachniest of the British Ar-
my, wider the command of Lieutenant-Colunel
Peacocke, to which Captain Drew belonged, to
halt without any authority from Lieutenant-Col.
Peacocke, such conduct being in breach of his
duty as an officer, and to the prejudice of good
order and, military discipline ;" but that he is not
guilty of the rest of the said charge, and cloth
therefore acquit him thereof.
And, upon the whole, the Court doth adjudge
that Captain Drew, of the 4.5 th Regiment of
Font, be dismissed his 31,yesty's Scrrice. Thy
Court trusts this example will deter other officers
from hereafter interfering with their Commanding
Officer, in a manner so unwarranted and unpre-
cedented, and so subversive of all good order and
military discipline.
The Court, in justice to Lieut.-Colonel Pea.
cocky, the prosecutor, think it proper fertiler to
add, that in so far as the Court has had any op.
portunity of judging cif his, -conduct during the
course of a long, fatigiiing, end hatardniii march,
it has appeared to have,Pcon highly. exemplary autd
creditable. . .
His Majesty has been pleased to approve and
confirm the finding and sentence of the Court, and
to express his concurrence in their observations
on the conduct of Lieut.-Colonel Peacocke; and
t' Majesty has been pleased to order that it shall
lie intimated to Captain Halderson, of the 4th
Regiment of Foot, and Captain Paylen, of the
52t1 Regiment, that their conduct thrtiughout the
transaction, which has thus brought disgrace and
punishment upon their brother-officer, was nut
such as ought to have been adopted by officers of
their standing in the service; but, as it appears to
his Majesty to have proceeded from a want of due
discretion and attention to their relative situations
with respect to their Commanding Office{Lieitt..
Col. Peacocke, and not from any wittul desire
to interfere with his juA tuithority, his Majesty
trusts that this admonition will have its due weight
in impressing upon their minds a more cautious
and respectful obedience to the authority of their
Commanding Officer in future. •
' The Conimander in Chief directs that the
charges above stated, together with the finding and
sentence of the Court, and his Majesty's pleasare
thereon, shall be read at the head of every rei
giment, and entered in the regiineutal orderly:
books.

By order of the Commaoiler-in-Chief,
(Signed) HARRY' CA LVIAT,
utasafGeueral.

In a city, the streets of which are so crowded,
as are those of this overgrown metcoitolis,. it is
greatly to be lamented, that Traceable passengers
should so frequently bo annoyed by boisterous
persons rushing along the foot.pavement at. full
speed—regardless of the injury w hich they may
occasion by such inconsiderate behaviour. On.
Sunday evening, three men of decent appearance
ran with great velocity against an elderly I.sdv,
and knocked her down, in consequence of which
her arm was fractured. The accident fortunately
happened at no great distance from surgical aid ;
and, being carried into the house of Mr. Taylor,
U re.ellll, of Dyer's-buildings, Holborn, she re.
ceived front that Gentleman every assistance that
surgical skill could Afford. We regrot "te
t at although instantly pursued, the perpetrator•
of this (mirage wade their escape.
Stis Mary Rnhertwa, of Woodforrf, sister la
the late Metres/ It ia Itoberuuti, C roumsfilt, Orseawleb.

.-1.-

COURT MARTIAL
os
LORD G.4.11181ER.

-..111M....-

THIRD DAY.

FRIDAY, JULY 28.
I Lard COMA NI was called to and this ex*:
pined:

Q. Are the charts prodtleed by your L ,rdship
to the Cn.irt (Nos. 3 and 4) copied sir taken
from the chart No. 1.1 A. They are fac.sitrila
of tho chart No. 1. done by a chart-drawer in
London, whom I employed for shit purpose.—
The French ships, as the hours mentioned in
those charts, were in the position in which they
appear. The position of she British Beet is
marked as it api•eared froni the Impersense about
half past eleven o'clock in the morning of the
19th. The frigatr' w Inch appear n.ar the Im.
perteuse hid weighed anther nail' the Imperieuse
that morning.

Q. By what scale did your Lordship trace the
figures of the ships a• represented, there hying no
scale to these charts A. li) the •ca'e of the
chart of which they are copic-, *ll:ch is the saute
size, and now before the Cour , marked No. 1.
Admiral Sroeconti foriher cx twined.
Q. Whcn the signal was 1.13.1 e by the Laps,.
rieuse on the morning of the 121 h, that the eno.
toy's ship were on shore, was any thing dune in
consequence of it ? A. Shortly after the signal
was made, the Commander in Chi.•f mate tit, sig.
nil to unmoor, but I can't spwk tJ the exact time.
Afterwards the signal was made to weigh, and :he
fleet moved iu consequence nearer to the Isle of
Aix, for the purpose of being in a better situation
to obsurve the proceedings of the enemy, and with
the intention of going in with the fleet, if the
wind had shifted so far to the E. as to allow the
duet to come out again, for which the Commander
in Chief expressed the greatest impatience and
anxiety.

Q. At what time had the Commander in Chief
informed you of his reasons for going in? A.
Some time between the hours of eight and and tut
in the forenoon of the day, being then on board
the Caledonia.

Q. Did the fleet anchor again ? A. The fleet
auchnred about three miles from one part of
the Isle d'Aix, Muting there was no change in the
Kind.

Q. At the time the fleet anchored again, would
it have been prudent or proper to have sent half
of it in to destroy the enemy ? A. Fur the rca.
suns I yesterday stated in evidence, in answer to
that question, I think it would not ; but the
Commander in Chief desired the Etna bomb and
the smaller vessels to proceed in and bombard the
enemy's ships that were lying ashore ; he gave di.
rections also to the Captains of the Valiant, Re.
renge, and the Bellona, and other ships, to ad.
ranee towards the Buoyart, to support the Etna
and other vessels.

Q. Did the ships and vessels, so ordered to ad-
vance, proceed u ithnnt anchoring with the fleet ?
A. The extra and small •essels immediately pro.
ceeded, without anchoring, to their stAtioi to
bombard the enemy's ship. !'hr
ships did not proceed till subsequently ordered by
signal. They anchored.

Q. Were the directions given to all of them, or
was there any distinction made in the directions
given to the Captains of the line.ofabattle ships,
and to those of the smaller vessels ? A. As they
were directions which could only be executed new
cording to the skill of the pilots, the orders to the
Captains of ships drawing must water, were given
discretionary to them to go in u far as they
thought safe, or could confidently depcud upon the
pilots.

Q. At the time of hearing those ohlers given,
did you understand it to be the intention of the
Commander in Chief, that every ship, of every
description so ordered, should go in as soon and
as far as the discretion of the Captain would ad.
mit ? A. From the general signal which had been
made for ships to prepare fur battle, and springs
on their cables, &c. also from the conversation I
had with the Commander in Chief, and witnessing
his impatience and disappointment, and circum.
stances nut immediately allowing him to go in with
the fleet, it was my full conviction such were the
Commander in Chief's intentions, that the ships
should go in as fAr and as soon as they could.
Q. Do you know from the Captains of those
ships of the lino their reasons fur nut going imme-
diately in ? A. Ido not recollect ever to have
heard those reasons distinctly stated.
Q. Whai were the ships or ve•sels that did ac-
company the Etna, when she want in 1 A. As
well as I recollect, they were chiefly gun.brigs
and m.:it of war brigs. Afterwards, every fri-
gate went in, in consequence of signals (ruin the
Confounder in Chief.

Q. ifow long after the gun.brigs, the Etna,
and the men of war brigs went in, was it before
the frigates went in by general signal ? A. I don't
tithflat exceeded bill an hour.
Q.. At what time did the line.er.hattle ships go
ante.which were they ? A. I think after the
trigates• went in, it was not more than half an
hours when the Valiant and Revenge %Wit in.
Q. When the fleet brought up at the distant%
you have mentioned from the Isle d'Ais, what
was the state of the weather ? A. Fine %gather,
with a fresh breeze from N. N. W. and a flood
tide.

Q. At the time Fre-ships were sent in, on the
evening of the 11th, what was the state- of thu
weather A. Squally, with a strong breeSe from
N. to N. W. and so much sea that few boats could
pull against it. Being up all that night, I obsert.
ed that about t welre o'i luck at night it moierated,
and freshened again in the morning.
Q. (ay Lord GAisatru). On the evening of
the 11:h, it blot. iug a gale of wind ft tl a
North, with a high see, the night octreftiely clni k,
and great difficulty in keepingitp a commu,iration
trims ship to %hip—is it your opinion, the service
in I{ hick those officers and men were employed in
the tire ships was extremely hazardous, and attend-
nith so midi danger, as to give reason to ap.
prcheud that they could Dot return ? A. &lug