Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1808-05-30


fon his inferior officers end men to fight conr-
ageouly."
SPECIFICATION.
| IN. " In that he did not on the frf nc
ment Of an indication Of iuiP.cious appearance
of hottie intention on the part Of the laid
GhiP Leopard, order his men to quarters
| I'd. : In that he did not after he was fatif-
fed that an attack upon his llip would be
made, ule prompt az officerlike mealureS to
prepare his llip for battle"
| Sd. " In that when he did order his men
TO quarters, he did rot order them as became
an officer Of the American navy"
| 9TH. =" In that he ordered that the drum
| fhouid delft fir, p be% x, and that the men
lhould be got to quarters iecretly without beat
Of drum"
5th In that from the manner. in which
| he ordered his men to quarters, he did not E.
vince determination bravsly to defend his
| 1lip."
9th, " N that he was not At his flation
! during the attack aforeiaid, but remained
! comfortable part Of the time 1t the gangway,
as if imploriug forbearance
9TH. =" In thar he drew his men or fome OF
! them from their guuS, 10 lowering down
boat or boats to iend on board the attacking
! lhip during her attack upon him."
| oth " IN thar he'ordered his fr1 lieuten-
tnt from his quarters during the attack, to
carry meiIage on board the Leopard, at that
! time firing upon him.
9Th. " In that during the attack he tfed
! language ia the prelencs OF his men calculated
to dilprit them"
\ 10Th. IN mat during the attack he or
dered his men 70 keep down, that they would
All De Gu; to pieces"
n deciding upon this charge, the Court
I will make the following la,ements:-
7 1T Il appears TO the Court, that captain
\ TazcI Barron the fri moment aftet he knew
/ Of an indication or fulPicious appearance Of
h0nie intention on the part Of the f2id ihip
Leopard. thar Is, after he knew her tonPions
I were out I'D order his men TO quarters. The
Court ale therefore Of opinion that this 6rh
Specification is not proged-This Specification
is underlood by the Court to apply eIcluEve-
" TO the appearances exhibited by the Lrqs-
ard aud not TO the letters and communications
or her commander before tated, and which
COnllitute the Gubie9 Of another Specification.
I'd j appears 20 the Court, that after
7aszeI Barron was fatished that an attack up
on his ihip would be made, that is, after he
received The communication from the com
mander Of tAe Lesbayd above lated, De die nor
Immediately ule any meafures TO prepare his
da,n for battle The Court are therefore OF
opnIohi tIIzs Ti-t- fr-vrv'i -r--iS-~-i--
proved.
81. Il appears 10 the Court, that when
captain Tasef Barren did order his men TO
quarters, ne ordered them as became an off
Ger Of the American navy. The orders given
upon this occafon are ffated IN the next fpe-
Y c6cation, and although not Iuch as are NOT
\ frequently gwen, yet the Ituation Of his hip
| az that time was nor a common one, and in
7 the orders themfeives under the then exiting
circumGance or in The manner Of giving
I them, the Court fees nothing to dilapprove or
cenlure The Court are therefore of opinion,
that this third specification j. not proved.
4. It aPpaars to the Court, that captain
| '5lz7s, Bay,oH did order that bis men ihould be
gat 20 quarters iecre,ly, without beat Of drum,
thar the drum did begin TO beat notwithltand-
ing this order, aud that thereupon he order
cd the drua ihould def} from beating. The
Court are therefore II opinion that this fourth
| fpeciGcaton is fully proved.
9Th. i doe, not appear to the Court that
from the manner in which captain farsrf Bar
ordered his men 10 quarters, he did not G.
vince determination bTavely 10 defend his
fhiP The Court are therefore Of opinion that
this fifth Specification il NOT proved.
6ts The Court ars not informed OF any
particular ltaron Aligned TO a commander
during an engagement. i is generally con-
hdered that the moi proper place for him is
on his upper deck, but he u al liberty TO 60
and ought 70 90 70 any place whete MS pref
eRce will be Of mon importance. II appears
TO the Cottrt, thar Captain 71mrt Barron new
er did leave his upper deck during the attack,
and the Court are Of opinion he fhould not
have lsft il II does appear to the Court that
be remained coAGderabs part of the time
during the attack at the gangway, not as IL
irdPloring forhearance, but for neceiFary and
proper purpofes The Court are therefore
Of opinion that this fIth fpeci6cation is not
proved.
9TH. It does not appear to the Court, that
Captain fumes Barron did draw any Of his
men from their guns 10 lowering down a
boat OF boats, to send on board the attacking
ship, during her attack upon him. The
Court are therefore Of opinion, that this sew
enth specification il not proved. II does
| appear 20 the Court that oaptaIn .farnts Bar
ron did draw some Of his men from other
stations for this purpose, but in this the
Court secs nothing to criminals captain Bar
ron, even If it were admissible to do 50 IN
der this specification
9Th. Il does not appear TO the Court,
hat captain James Barron ordered his First
Lieutenant from his quarters, during the at
2ck, to carry q message ca board Of the
Leopard, at that time firing upon him. The
Court are therefore Of opinion, that this
eighth specification is not proved AS the
| decision Of the Court upon this subject,
when coupled with some parts Of the evi.
dence exhibited in this case, proving that
Mr.. Bcgaaaa Smith, the First Lieutenant,
was in boat, may perhaps be calculated 70
throW some inlnutAlinn ulann tie rannL atinn