Page images
PDF
EPUB

were fo hardy that they committed this robbery and feveral others in that neighbourhood at noon day! When he received his fentence at the Special Com miffion at Naas, he declared he was innocent, and persevered in that declaration until the moment of his execution, when he not only acknowledged his guilt, but also confeffed he had beer guilty of murder, and died with the greatest appearance of penitence, fupplicating the prayers of the multitude!

ENGLAND.

LONDON.

The Court Martial, for trying Capt. B. Hallowell, of his Majefty's late fhip Swiftfure, was held on board his Majefty's fhip Genereaux, at Mahon, on the 18th of August laft, for quitting his convoy, put under his charge by Lord Keith; and alfo for the lofs of the ship, when, after a minute investigation into all the circumftances, the court paffed the following fentence on Captain Hollowell, and his fhip's company:-" The Court were of opinion, and it appeared to them, from the narrative of Captain Hallowell, fupported by the beft poffible evidence to be obtained, that the convoy, under Capt. Hallowell's charge, was of very little confequence in any point of view; that his determination to leave the faid convoy, and join Sir John Warren, was dictated by found judgment and zeal for the fervice of his King and Country; and the Court was farther of opinion, that the lofs of his Majefty's late fhip Swiftfure was unavoidable, and that the conduct of Capt. Hallowell, his Officers, and fhip's company, in defence of the Swiftfure, was highly meritorious, and that Capt. Hallowell difplayed great judgment in the mode he adopted, to avoid fo fuperior a force, and equal gallantry in the execution of the plan fo formed; they did therefore adjudge, that they be honourably ac quitted, and they were honourably acquitted accordingly."

MUTINY.

London, Jan. 9.

A fignal given for a Court Martial was fired at Portsmouth on Monday morning at nine o'clock, for the trial of a private marine belonging to the Acafto frigate, for making ufe of mutinous expreflions, and throwing a quart bottle at the head of a corporal of marines. It appeared that on Chriftmas Eve the

prifoner complained that a comerade of his had been put in irons, and threatened the corporal to take away his life; the latter turned about to go away, when the prifoner flung the bottle at his head, and cut him feverely. Before he had done this act, he said he was determined to have revenge. The Court, after deliberating for about two hours, fentenced the prifoner to be hanged. He was executed on Friday morning, pursuant to his fentence.

The trials of the Mutineers at Bantry Bay commenced on Wednesday Majefty's fhip Gladiator, in the har(Jan. 6.) at Portsmouth, on board his bour. Fourteen of the crew of the Temeraire were arraigned together.

Officers who compofe the Court-MarThe following are the names of the

tial:

Vice-Admiral Pole, Rear-Admiral Hol

Rear-Admiral Colloway, Rear-Adm. Camplingwood,

Capt. Wells, Vice-Admiral Mitchell, Prefident; Capt. Jones, Capt. Grindall, Capt. Gould, Capt. Louis, Capt.SirE.Nagle, bell. Capt. Oborn. The following feamen were brought in and put on their trials:-John Mayfield late Captain of the Forecastle; Chefterman, ditto; John Fitzgerald, James Ward, belonging to ditto: James Captain of the Foretop; Thomas Crofs, belonging to ditto; James Lockyer, belonging to the Main-top; John Cummins, ditto; Chriftopher White, ditto; top; James Collins, the ship's butcher; Wm. Hillyard, belonging to the ForeJohn Daly; John Rowland a carpenter; Thomas Jones, and William Cooke.

veral witneffes, that Fitzgerald, ChefterIt appeared from the evidence of feman, Collins, Hillyard, Taylor, Cummins, Mayfield, and Lockyer, were the Ringleaders.

The prifoners called witneffes to their characters, who gave most of them very good characters, previous to the Mutiny. Fitzgerald said, he was a native of Limerick, in Ireland, and never wished to murder his officers, but only wanted to go home to his friends, in place of going to the Weft Indies.

The prifoners gave in written Defences, declaring the different services they had been in, and the battles they had fought, and fome of them expreffed their contrition for what had happened,

and

and threw themselves upon the mercy of the Court, and upon their King and Country.

SENTENCE.

At a Court Martial held on board his

Majefty's fhip the Gladiator, the 6th of January 1802, and continued by feveral adjournments, Prefident Sir Andrew Mitchell, K. B. Vice-Admiral of the White, pursuant to the order of the Commiffioners for Executing the Office of Lord High Admiral of England, and directed to the Prefident, requiring him to try John Mayfield, &c. (recapitulat ing the prisoners' names.)

The court proceeded to try the faid prifoners, (excepting Taylor and Allen) for the crime with which they are charged, and having heard the evidence for the profecution, and the defence made by the prifoners, and having maturely confidered the whole of the fame, the Court are of opinion that the Charges are Proved against all, except Chriftopher White, and doth adjudge them to fuffer Death, by being hanged by the neck on board fuch fhip of his Majefty, at Spithead, or in Portsmouth Harbour, and at fuch time as the Lords Commifs fioners for executing the Office of Lord High Admiral of England fhall direct, and the faid John Mayfield, &c. (all except White,) are hereby ordered to fuffer death, by being hanged by the neck as before-mentioned; and the Court is further of opinion, that the charges against Christopher White, are in part proved, and doth order and adjudge him to receive 200 lashes on his bare back, on board fuch fhips at Spithead, or in Portsmouth harbour, and at fuch time as the faid Lords Commiffioners' fhall direct.

Collins then faid, "Permit me to return my fincere thanks to the Court for the patience and indulgence shewn. I acknowledge the juftice of my fentence, I have violated the laws of my Country, and the Difcipline of the Navy; but I déclare to Almighty God, that the intention of murder never entered my head. I folemnly call God to witnefs this declaration, and truft to the truth of it all my hopes of pardon in the other world. May God protect the British Ifles, and the Government! and may God receive my foul!"

At these words all the other prifoners then exclaimed "Amen."

Chesterman then faid, "I hope they

will allow a friend of mine to bury my body;" and concluded by praying the Court to allow him a little time to prepare himself for eternity.

The Prefident replied, "That does not reft with us, but with other authority."

Fitzgerald faid, he had offended againft the Laws, but he folemnly declared that he never entertained any intention of committing murder.

Jan. 13. In confequence of an order from the Admiralty, received by express at Portsmouth, on Wednesday, Six of the Mutineers of the Temeraire, who were fentenced to fuffer death, viz. Chefterman, Hillier, Fitzgerald, Collins, Ward, and Mayfield, were removed on Wednesday evening from the Gladiator, in Portsmouth harbour, to the Temeraire, &c. at Spithead, on board of which fhips they were executed yesterday morning. At the inftant that this awful fentence was putting into execution, a part of the fquadron deftined for the Weft Indies was ordered to prepare to fail, and in the evening the Temeraire, Formidable, Orion, Thefeus, and Majeftic, dropped down from Spithead to St Helen's.

The orders were for the execution of the firft four on board the Temeraire, Ward on board the Majeftic, and Mayfield on board the Formidable. They were accordingly fent on board their refpective fhips. Between 11 and 1 they came out on the platform erected on board the respective fhips, the Temeraire, Majestic, and Formidable. They had prepared a paper addreffed to their fhip - mates, acknowledging the juftice of their fentence, and imploring them to take warning by their fate, to check the first tendency to disobedience, and to be ftrictly attentive to difcipline, They made no speech. Their behaviour was calm, collected, and firm, without being hardened. At noon the fignal gun was fired, and they were immediately launched into eternity. The ceremony was awful and impreffive.

14. A Court-Martial was held at Portsmouth, on fix more of the mutineers belonging to the Temeraire, viz, John Allen, Edward Taylor (ift,) Geo. Commane, George Dixon, James Riley, and Thomas Simmonds, feamen, on charges of mutiny, &c. fimilar to thofe exhibited against the other prifoners, The proceedings on the part of the pro

fecution

fecution having terminated in the afternoon, the Court adjourned till half paft ten next morning, when the prisoners were to receive fentence.

The Judge Advocate read the fentence, declaring Allen, Taylor, Dixon, Riley, and Simmonds, Guilty of the Charges against them, and awarding judgment of Death; and Commane in part Guilty, and ordering him to receive Two hundred lashes.

The prifoners all exclaimed, "The Lord's will be done!".

Taylor, "I hope we fhall be allowed time to make our peace with God." Prefident, "It does not reft with the Court; it depends upon a fuperior power. Dixon requested Admiral Campbell would come to him, and hear what he would wish to fay. The Admiral immediately went toward him," Look at this paper," said Dixon, while the tears flowed from him. "I have a wife and a child; fee if this will have any effect in their favour when I am gone. The Lord have mercy on my foul." It was a will, bequeathing his property to his wife. He declared his innocence of fome of the charges against him, but confeffed he was the man that unfhipped the main ladder.

Taylor gave the Judge Advocate his will in favour of James Brand, a feaman on board the Temeraire; he was affured it would be delivered fafe.

After continuing a fhort time in prayer, a gun was fired as the fatal fignal of death, and the wretched men were launched into eternity!

SCOTLAND.

EDINBURGH.

High Court of Justiciary. January 4. The Court met and proceeded in the trial of James Begg, accufed at the inftance of his Majefty's Advocate of fhop-breaking.-The libel was reftricted to an arbitrary punishment. When the indictment was read over, and the Jury fworn in, the prifoner pled guilty. His admiffion of guilt having been figned by him and recorded, the Jury accordingly found him guilty.

Henry Bowerman was to have been tried for fending a Challenge to the Earl of Lauderdale. He fent an affida. vit to the Court, ftating, that on account of bad health, he was unable to undertake the journey from England,

where he now is, in confequence of which, the trial was put off till February. The Court afterwards proceeded to the trial of George Pyper, accused of the murder of David White, chaise-driver in Muffelburgh, by ftriking him with a poker, in confequence of which he died.

The firft witness was John Livingston, fervant to Mr Moir-who faid he knew the prifoner and the deceased David White, both fervants to Mr Moir.That on the 30th of October, a dispute arofe between the deceased and the prifoner, about fome water being taken from a boiler then on the kitchen fire.The prisoner asked the maid fervants in the kitchen, who had taken the water? when a girl, named Ferguson, faid David White had taken the water to make a mash for a fick horfe belonging to Mr Moir-White was then in the ftable, and Pyper went to the ftable, when the witnefs heard them quarrelling and ufing high words there for fome minutes. The prifoner and White then returned to the kitchen, and high words ftill continued between them, curfing each other. White then went out and returned with fome water, which he put into the boiler-and the quarrel ftill continued, when White partly took off his coat to fight the prifoner. The witnefs was fitting on a chair, when White pushed Pyper down on the witness, and they fell above him. He got up as quick as poffible and took off White from the prifoner-words ftill continued between them, and Pyper, after fitting a moment in a chair, rofe and took hold of the tongs-and the deceased repeatedly called out "Strike me." The prisoner made no answer, but laid the tongs down on the table. The quarrelling ftill continued, and the prifoner again took up the tongs in nearly the fame manner as before.-White was then ftanding with his hands hanging down and his fide to Pyper, who was at a little diftance, when the prifoner ftruck him on the fide of the head with the tongs. White ftaggered a little, but did not fall, and then ran forward, feized Pyper by the collar, and ftruck him feveral blows with his hands, and threw him down on the ground-the witnefs interfered, and wifhed White not to hurt the prifoner, who immedately left the kitchen.-After Pyper was gone, White defired the witnefs to look at his

head,

head, which he did, but faw no bloodon looking a fecond time, faw he was hurt, and got a little rum, part of which White drank, and with the remainder the place was wafhed. After fitting a little the witness wifhed him to go home, but he faid he would drive his chaife that night into Edinburgh with a gentleman, but by the witnefs's perfuafion he went home to his own house, and he never heard of his being out afterwards. This quarrel happened on a Friday evening about nine o'clock, and White died on Wednesday fe'en-night thereafter. White, when he left Mr Moir's, went away by himself without any help. The witnefs knows there was a fick horfe in the ftable of Mr Moir. The witness has been in Mr Moir's fervice occafionally, and was fo for half a year before this accident happened, and never heard a quarrel or difagreement between the prifoner and the deceased, but they agreed very well-White was a ftout and feemingly powerful man the prisoner a thin lad-Recollects when the stroke was given White had his hat on. Euphemia Ferguson and Margaret Greig, fervants to Mr Moir, confirmed his evidence.

Dr Kilgour, phyfician in Muffelburgh, faid, that on the 31ft of October, he was called to fee the deceased David White, who had got his head hurt. That he examined it, and found the fkull fractured, and a piece about the fize of a crown piece beat in did not fee this at first, but when the fkull was laid bare, plainly faw it was fractured--that having called Dr Stewart to his aid, the neceffary operation of trepanning was performed, and he lived about ten days, fome part of which time he was delirious, and has no doubt his death was occafioned by that blow-That the deceafed faid he had got the ftroke from a baftard, meaning one inferior to himself in ftrength---never mentioned farther how the accident happened, otherwife than in a fquabble with a fellow-fervant, and never expreffed any refentment against the prifoner that the witness thinks if he had been called the night before, and the fkull trepanned then, the deceased might have had a better chance to live. This he illuftrated in a very satisfactory manner, both to the Court and Jury. White was trepanned on the Saturday, between two and three o'clock.

Dr John Stewart, phyfician in Muffelburgh, corroborated the teftimony of Dr Kilgour.

The first witnefs called for the prisoner, was Dr Carlisle, minifter at Inverefk, who faid he had been acquainted with Pyper for feven years, had often employed him as a hair-dreffer, and as an occafional fervant, and never knew a perfon in his fituation behave better--> he was fober, attentive, and very quiet.

Mr Moir, vintner in Muffelburgh, and feveral other perfons, gave the prifoner a fimilar eharacter.

Mr Burnet addreffed the Jury for the Crown, and the Hon. Henry Erfkine made an able and moft ingenious defence for the prifoner. The Lord Juftice Clerk fummed up the whole in a very candid manner, and the Jury returned their verdict, unanimously finding the prifoner guilty of Culpable Homicide, but on account of the circumftances of the cafe, and his general good character, they recommended him to the mercy of the Court.

Counsel for the Crown, John Burnet, Efq. For Pyper, Hon. Henry Erfkine, and William Rae, Efq.

The Court then proceeded to the trial of Thomas Davis, lately belonging to one of the Glafs-boufes in Leith, accufed of breaking into the house of Mr John Boyd, in Leith Links, on the 30th of July laft, and ftealing therefrom a number of gold-rings, feveral pieces of filver-plate, and other valuable articles. The Lord Advocate reftricted the libel to an arbitrary punifliment. The pri foner pled guilty. The Jury returned a verdict, finding him guilty.

Jan. 7. The Court proceeded to the trial of Andrew Lawrie, Letter-Carrier, accused of abftracting letters with money from the Poft Office.

It appeared from the evidence, that the Miffes Lowes, in the month of October laft, wrote Mr Thomas Mather, grocer in Newcastle upon Tyne, for a remittance, and he in return affured them it would be fent in a few days; that accordingly upon the 19th day of October, Mr Mather, in prefence of Mr Todd, his clerk, inclofed two ten pound and two five pound notes of the British Linen Company, in a letter addreffed to E. and M. A. Lowes, the numbers of which notes were engroffed in a book kept for that purpose, and the words Money Letter" marked on the back,

[ocr errors]

The

The letter was alfo marked as a money letter at Berwick, and was received in Edinburgh in due course.

On the 20th October, the letter was delivered to the prifoner to be carried agreeable to the addrefs, and he fubfcribed a book kept in the office, intitled Money Book, in which the direction was engroffed, as an acknowledgement of his having received it. Two days after this, the prifoner, being in arrear two pounds five fhillings to Mr Hume, one of the clerks of the office, gave him a note which he faid was a five pound one, defiring him to deduct his arrears, and give him the balance, which he accordingly did; but in a fhort time Mr Hume difcovered the note he had received from Lawrie was for ten instead of five pounds. The prifoner was immediately called and informed of the error, which he faid was owing to fome miftake of the perfon from whom he received it, which he would immediately rectify. He accordingly went out, and returned in a fhort time with a note for five pounds. This creating fome fufpicion, Mr Hume laid the note afide, and it was foon after found to be one of thofe ftolen from the letter addreffed to Miffes Lowes. The prifoner alfo changed a ten pound note, with Mr Wife, grocer, New Town, which was alfo found to have been abftracted from the above letter. The Solicitor of the office, Mr Beveridge, foon after the prifoner was apprehended, went to Newcastle for the purpose of completing the investigation, and found that the numbers of the notes inferted in Mather's books exactly correfponded with thofe in his poffeffion.

The prifoner in his declaration, faid, he gave the letter to Miffes Lowes' fervant maid. The reafon for his abfconding was, his having contracted fome debt which he was unable to difcharge; and his intention of going to Liverpool was to commence gingerbread baker.

The evidence was fummed up for the Crown by the Lord Advocate; and for the prifoner by H. P. Brougham, Efq. The Lord Juftice Clerk afterward addreffed the Jury, who returned a verdict finding, by a plurality of voices, the prifoner Guilty. He was fentenced to be hanged at the common place of execution, on Wednesday the 10th of February. Counfel for the profecution, the Lord Advocate, Solicitor-General, and David Boyle, Efq. Agent, Mr William Beveridge, W. S. Solicitor of the

Poft Office. For the prisoner-H. P.
Brougham, James Keay, and Patrick
Walker, Efqrs. Agent, Mr Edward Lo-
thian, W. S.

The Court afterwards proceeded to pronounce fentence on Thomas Davies, convicted, in confequence of his own confeffion, of houfebreaking and theft at Mr Boyd's, Leith Links. He was ordained to be transported for fourteen years, with the ufual certifications.

James Begg, alfo convicted of housebreaking and theft, on his own confeffion, was adjudged to be imprisoned for a fortnight, and thereafter banished Scotland for life. The lenity of this fentence was owing to the prifoner's being difabled by accident, while a foldier in the First Regiment of foot, which had confiderably impaired his health, and from which corps he had a discharge and certificate of good behaviour.

George Pyper, convicted of Culpable Homicide, but from the circumstances of the cafe, and his good character, was recommended by the Jury to the lenity of the Court, was adjudged to be imprisoned for eight days, then to be fet at liberty, to be allowed four weeks to to fettle his affairs, and thereafter to banifh himself forth of Scotland for three years.

ST. ANDREWS, Jan. 21.

Mr John Honey, the celebrated Hero of the thore, gave this day another af. fecting display of his intrepidity in faving the lives of his fellow-creatures. A herring boat from the Tay, with four feamen, was forced by stress of weather to repair to this harbour for shelter, but before reaching it from lofs of oars and the fury of the ftorm, fhe was driven afhore on the beach, at a fmall diftance from the harbour. As the approached the land, the force of the fea threw one of the crew overboard, who being a bad fwimmer, and the breakers being violent, was again and again overwhelmed, and juft perifhing. At this moment Mr Honey, and his gallant coadjutor, John Wemyfs, mate of the fmack, Peggy, of Anftruther, materially fupporting each other againft the force of the waves, rushed into the fea, though rifing at times to their own heighth, and with confiderable difficulty, under Providence, refcued the poor fishermen from deftruction. After bringing him afhore, Mr Honey carried him almoft lifeless on his back, to a neighbouring house, where, by proper care, he foon recovered. Table,

« PreviousContinue »