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Essex Union Or, Chelmsford and Colchester Communicator


Printer / Publisher: Marshall, Robinson, and Kelham, Jun 
Volume Number:     Issue Number: 25
No Pages: 4
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Essex Union Or, Chelmsford and Colchester Communicator

Date of Article: 01/08/1809
Printer / Publisher: Marshall, Robinson, and Kelham, Jun 
Address: County Press and Phoenix Circulating Library, Chelmsford
Volume Number:     Issue Number: 25
No Pages: 4
Sourced from Dealer? No
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No. 25. TUESDAY, AUGUST 1. 1809. PRICE 6D. london. FRIDAY'S POST. YESTERDAY arrived Hamburgh pat to the 23d, Berlin to the 19th, and Frank- fort to the 17th. Their accounts of military movements are now unimportant. The I! 4tn- bnrgh Correspondents publishes in French and German the Armistice— there is a slight differ- ence in the copy published in that paper. The 2d article ends, in the following manner, " re- terving the Archduke Cbarles'j ratification of the article at far as it relates to Finme." BERLIN, July 18. Generals Beczas and Bakossowitz were dan. ferously wounded in the late battlas, as well as Prince Hesse Homborg, Stuttenheim, and Par. The Archduke Charles and Prince Lichtenstein were but slightly wounded. VIEnNA, July 0. It is said that the Archduke demanded an ar- mistice ou tbe 4th, which was refused. ERFURT, July 19. To- day General Renbelt with the first West- phalian division, is proceeding to Hanover, whither the King of Westphalia was to set out ou the 24tb. THE MAyNE, Jnly 16. A corps of 6000 men from Ingolstadt aro on their way to join tb ® Duke of Abrantes. AUSTRIAN BULLETIN. The enemy, after a severe battle, at last snc. ceded in causing the left wing, which was at Margrolf Neusiedel, to retreat— but the right wing had defeated the enemy, and taken several eagle* and 10 cannon, besides some of the ene- my's Generals and many privates. As the cur. rent of victory has been suspended, his Imperial Highness caused the army to fall back in the best order in the road to Znaim ; whither they proceeded without being disturbed by the en « - mv, to take a position behind the Besamberg. PRAGUE, July 12. On the 7th the Duke of Abrantes, proceeding to join the King of West- phalia, drove back Gen, Rcdroojewich; but on the 8th he was going towards Hoff, when the An < nsn Gen. Kienmeyer having Joined Gen. Redroojewich, made an attack on the Duke with such success, that notwithstanding a most obstinate resistance, tbe enemy were driven from all their positions and closely pursued. TRIAL OF LORD GAMBIER. FIRST DAY, WEDNESDAY, JULY 26. At nine o'clock this morning, the usual signal was made • n board the Gladiator, for holding a Court Martial, and a little before eleven the Court was assembled with the usual forms. The witnesses beiug called over, the Judge Advocate read the order for summoning tbe Court as follows:— ORDER for THE COURT MARTIAL. Bv the Commissioners for executing the office of Lord ' High Admiral of the United Kingdom of Great Britaiu and Ir. laud, AC. Whereas Admiral the Right Hon. Lord Gambier, has by his letter to our Secretary of the 3" th of May, 1309, requested that his conduct as Commauder in Chief of the Channel Fleet, employed in Basque Roads between the i; th day of March and the 29th of April, 1809, may be enquired into by a Court Martial. And whereas by the log books and minutes of signals of the Caledonia, Imperieuse, and other ships employed on that service, it appears to us that the said Admiral Lord Gambier on the l- jtli day of the said mouth of April, the enemy's ships being then on shore, and the signal having been made that they could be destroyed. did lor a consi- derable time neglect or delay taking effectual measures for destroying them. We therefore, in compliance with his Lordships request, and in cousequeuce of what ap. pears in the said log books and minutes of signals, think that a Court Martial shall be assembled for the pur- note of examining into his Lordship's conduct, trying biui for the same. We seud you herewith his Lordship's letter lif the 10th of the said mouth, therein referred to, together with an attested copy ofa Ictterof our Secretary, dated the siijth of last mouth, and addressed to Lord Cochrane, and his Lordship's reply thereto, with tbe log books and minute of signals aDcve- menlioued, and we do hereby require and direct you to assemble a Court Mar- tial 00 Monday the lylhofthis month, ( if tbe witnesses shall be then ready, and if not then, as soou after as they aball l> c SO) to try the said Admiral, the Right Hon. Lord Gambier, for his conduct iu tbe instance hereinbefore- mentioned. And also to enquire into his whole couduct as Commander in Chief of the Channel Fleet, employ .1 in Basque Roads between tbe 17th day of March and the aqth day of April, I809, and to try him for the same ac- cordingfyt Given under onr haods the Stb dav of June, 1809. ( Signed) MULGRAVE. R. B1CKERTON. WM. DOMETT. R. MOORSOM. To Sir Roger Curtis, Bart. Admiral of the White, and Commander in Chief of his Majesty's ships and vessels at spithead and in Portsmouth harbour. By Command of their Lordships, ( Signed) W. W. POLE. The Members of the Cohrt were then sworn, and took their seats according to their respective ranks. Admiral Sir Roger Curtis Bart. President. The following documents were then read .— Copies of letters from the Secretary of the Admiralty to Lord Gambler, ordering hia Lordship u> procced off Rochfort, or elsewhere, in pursuit of the Brest squadron — from lord Gambier to the Secretary of the Admiralty, desiring some additional gun- boats and fire- ships, to join his lordship. with the answer— from the same to the same. acknowledging the receipt of letter on tbe subject • fau attack on tbe n— mv* « fleet— ortlcra to detach » - iua- drvns off Brest aid I ." Orient— letter from Lord Gambier to the S crttary of the Admiralty, giving an account of the victory in Basque Roads— « Gazette)— from tbe Secretary of the . Admiralty to Lord Gambier, congratu- lating his lordship oa the attack of tbe 11th and ] « h of ,* ud directious for hia Lordship to repair to Spir- i— fron the same t » the s* cie, with the Admiralty directives of the < 6 » b March, to employ Lord Cochrane in the attack .. n the enemy in Basque Roads— from Lord Gambier lo the Secretary iA the Admiralty, with a detail • f the pjveocdingain Basque Roa. is compliance with the direction* of the I » rdaiof the Admi- ralty, be had written to tbe Officer* eulr& tcd with the execution of tbe important serrice in Basque Rnaels, on tbe llth of April, to report to him their proceeding-.— The letter then conlaiua a long account of the destruction of tl » e enemy's ships. The account ia iu substance the same as that'wbich appeared in the London C i< • kbnt : 1 v ' 7- T- nstances are more minutely stated. Towards tbe concision his Lordship observes, " I was oblige- d to have a second object in view, for beside* the destruction of the enemy's ships, the greatrst enre VTRI required that his Majesty's ships should not be sacrificed."] Copy of a letter from the Secretary of Ibe Admiralty to Lord Cochrane. Admiralty Office, May 29, 180£). Mr LORD— Lord Mulgrave baring acquainted my lords commissioners of tbe Admiralty, that he had com- municated to you tbe intention of his Majesty's govern- ment to move the thaukii of both houses of parliament to the commander in chicf, and the othecra, seamen, and marines of the fleet employed in tbe late scrrice in Basque Roads-, and Ibat yonr lordship bod declared that you shoold feel it to be your duty to oppose any rote of appro- bat inn for bis conduct on that occ a « ion, I am commanded by their lordships to signify their directions that you stntc fully tome, for their information, the grounds 011 which Iour lordship objects tothe sole of thanks being moved to • ord Gambler, to the end that their lordships may be en- abled to judge bow far your lurdahip's objections may be ofa nature to justify the suspension of the intended mo- tion in parliament, or to call for any further investigation. I am, my Lord, KC. ( Signed) ' W. W. POLE. To Captain Lord Cochrane, & c. &. C. LORD COCHRANE.' s ANSWER. Portman- square, May 30,18og. SIR,— I have to acknowledge tbe recc- pt of your letter of yesterday's date, signifying the direction of the lords com- missioner of the Admiralty to me, to state fully, fortlu ir information, the grounds on which 1 object to the vote of thanks being moved to Lord Gambier, to the end that their lordships' may be enabled to judge how far my objections may be of a nature to justify the suspension of the intend- ed motion in parliament. 1 have to request, Sir, that you will submit to their lordships, that 1 hball, at all times, entertain a due sense oftbe honour they will confer by any directions tbey may- be pleased to give rac, that, in pursuingtbeobjcctotthos'e directions, my exertions will invariably go hand iu hand with my duty ; and that lo satisfy their lordships' mind in the present instance, on the point of information re- garding the late service in Basque Roads, I beg leave to state, that the log and signal log books of the fleet there employed at the period alluded to, certain tbe particulars of that service, and furnish premises whence accurate conclusions may be readily drawn; that as those books are authentic public documents, and as I must necessarily refer to them as to times nud circumstances, ut^^ iini; that 1 could offer upon the subjcct would, to thei^ tird- ships, be altogether superfluous, and appear presumptu- ous interruption to their lordships'judgment, ^ rhicli will doubtless always found itself upon those grouiAls, only— that chnnot be disputed. I have the honour to be Ac ( Signed) COCHRANE. To the bou. W. W. Pole, & c. &. c. Btc. Letter from Lord Gambier to the Secretary at War, for a Court Martial. Londou, May 30, ISO9. St R,— Having in my letter to you of tbe lotb instant de- tailed the whole of the proceedings of the fleet Under my commar. d in tbe attack 011 the enemy in tbe Road of Aix, I had flat tered myself that I should have received some signification of an approbation of my couduct, mid have had the gratifying task of conveying to the officers and men under my command, tbe estimation in which the gallantry and discipline displayed bv them upon the bcca- sion were held by his Majesty And their couutry. Understanding, however, that there are some doubts whether the fleet is to be so honoured, and feeling that even a doubt upon such a subject cannot be entertained; consistently with my reputation as commander in chief, 1 request that you will be pleased to move tlie lords com- missioners of the Admiralty to direct a court martial to be assembled as early as possible, for the purpose of enquir- ing into my conduct as commander in chief, and all the transactions relating to the fleet under my command from the l/ tb March last, when the Caledonia anchored iu Bas- que Roads, to the time of their quitting that auchorage for England, on tbe ggtb tilt. I have the honour to be, & c. ( Signed) GAMBIER. The Hou. W W. Pole, « cc. Lord Gombier then presented to the Court all the orders he received from the Admiralty while coinmandiug the chaunel fleet. Mr. Stokes, master of the Caledonia, produced the log- book of his Majesty's ship Caledonia, and a sketch or drawing of the anchorage at the isle d'Aix, and the silua- tiou of the British fleet. lie said be bad prepared this drawing partly from the knowledge he gained, and partly from a manuscript French chart. Lieutenant Hawkins, sigual- lieut. on board the Cale- donia, produced the signal log- book of that ship. Mr. John Spirliug, master of the Impericuse, being sworn, produced and verified tbe coutents of the log- book of that ship, same as the former witness. Mr. Raven, master of the Casar, being sworn and ex- amined, verified the contents of the log- book of that ship, same as the former witnesses. Mr. John Thompson, Master's Mate of the Beagle, being sworn and examined, produced the log- book of that ship, and verified its contents. Q. ( By the Court.) How does it happen that on inser- tion of very material circumstanccs stated to have occur- ed st half- past eight o'clock a. m. on the 12th of April, was inserted in the marginal column, instead of the body of the log :— A. In copying from tbe log- book I missed the signals, and I copied it into tbe log- book. Q. Who kept tbe accounts of the log- board?— A. The Master, aud I copied into the log- book. Q. Were the events recorded in this log- book which you say you wrote yourself, inserted day by day as the circumstances occurred, or is this a copy of any other log. book, that was kept at the time? A. No sir; it was entered into the log, every day at twelve o'clock. Captain Lord Cochrane sworn and examined. Cl. Were you ever entrusted by Lord Gambier with the conduct of tbe fire- ships in tha attack of tbe enemy ou 12th April, in Basque Roads? I was. Q. At what time did you arrive in tbe Imperieuse, and join Lord Gambier? A. I have got the log with me, I cannot swear to it, not having written it myself, but I be- lieve it correct. It appears from it on the 3d of April, bat I do not myself exactly recollect it. 1 think it was about that day. Q. What was the strength of the enemy's fleet at that time, how moored, aud how protected by the works on the Isle of Aix. aud by the shoals at the entrance of the harbour' A. The enemy's fleet appeared to consist of riinc|* eil of the regular line, l> c* idc oue ship of three dccks, Calcntta, so guns, four frigates, and there « as another large vessel, I don't know what she was; she might be a store ship; they appeared to be moored, as near as I could judge, N and S.; I thought they first in- clined considerably more t. » the N. E. and S. W. They were defended by their own cannon, the vessels being in a very strong position, tbey were flanked by 13 cannon to- w- rdi the" S. Aix, besides the mortars on that island. The frigates were stationed to the S. E- of them, apparent- ly for the purpose of flanking the other side for their pro- tection against boats and fire vessels. Between Aix and the Boyart I do not know of any shoal. The water is not deep at; Aix, but shelves gradually off towards the en- trance ofiLc h^ UiH. Q. At what distance from the ene. uy was the British cqnadrnu moored on tbe eveninx of it, e I lib of April, im- mediately previous to the attack by the fire-* hips, and what was its strength, aud wa- « the situation IU your judg ment properly chosen, and « liat the wind and tide?— A. To the Dest of my jucfenitut the British fler- l was I » * cu eight uud uine mil--•< I'roV the enemy's ships ou tb- llth April ; in the eveui^ j " p reclamed in ihcsaui position a* on u. y trritu-: r*- ratii;..- i » f -" V arrival 4in until moruing of the lwtli. 1 b?) i>- vr the !! itish tquud. u. unmoored tliut night, but don't know of my owuknou- ledge. The position chosen by the Commander- in- Chief was a very good position for slockadiug the enemy, au ' for observing any material movement of the squadron. Having already mentioned my upiuiou of the distance, ii must be obvious I hat the destruction of tbe euemy could not be effected while in tint position by the ship-< there placed, as already mentioned. The * iud w « * not the same in tbe cveuing as the murni-. tg; at eight o'clock p. m on the llth in the evening thewiud must have beeu about due N. I did not take exactly the poiot of the wiud bul think so; the tide at the seme hour began to run toward* iheS. E. As to the strength of the British squadron, consisted of 11 sail of the line bcsidis 9 frigates aud om Q. The flood- tide runs towards the S. E — M. Yes, a flood- tide had just began lo run towards the S. E. Q. Oid it appear to your Lordship thai the Admiral made every nrraugemcDt for preparing unil scndiug the fire- ships against the enemy -— A. Every assistance, as well as Admiral Stopford and the Captains of the Fleet. Y. Were the frigates mid other smaller vessels properly placcd by tbe Commander in Chief for affording every as- sistance in the attack ou the euemy i— A. Very juoici- ously placvd. Y. It appearing by the signal log of tlir Caledonia that you made several signals for tbe ships of the fleet to come up, and the situation of tbe enemy, was it your opinion that it would liavc been expedient for llie Commander iu Chief lo have sent in half the flirt, or any part of it, to destroy the enemy's ships, considering tide, c.; ond was it your opinion " surh ships could have asain got out in safety?— A. I did make the sig al. the Imperieuse be ing the • icarest ship placed by bis Lordship in the guidanc- of tb" fire ships , and having hau the charge of these ves- sels, I thought it prop' r to CN. nmunieate to his Lordship the state iu which they appeared tome to be, which I diil by tlic signals meutionru— produces some papers These arc copies of the minutes which I made at th> time: the same may not be- precisely accurate, but th< ' ircuinstanccs are perfectly oorrecr, aud well kuowu by all the officers of the fleet. ( Some discussiou took place upon Lord Cochrane'e re- ferring to his miuutes, alter which the examination pro cseded): It is my opinion that n much smaller force than half the fleet would have been siilhcUnt: the signal was di- rected by the Caledonia lo be repeated. 1 ordered the signal to he repeated llint Iwo sail of the line was enough, which 1 hare since uuderstood was uot made, hut thai the officer repeated the previous signal. The fact * as, he thought it . v oil Id be an i: i* ult to m ike that signal, nud „ ^ therefore be repeated the foiAier signal, leaving it to the '* 1 » Jwcrctiinjamjt corjiuan^ of !!•' fleet to scud what nlTBWJPer !:<. uir { huil prop*;. K* oui the time that tlie first signal w* s made in the inoruiug, until about eight o'clock, it was ebb tide, the tide was going to windward. At eight o'cloe* it r. aa low water. There is anchorage out of raugc of shot or shell for at least six sail of the line. The Imperii use passed in going in close lo the Buoyart, it was then near high water ; ubout bait" past one or two o'clock in the day of the i- jth, when going IU. Coming out it was also high waler. lu bolh of which courses there was sufficient di plh for vess. Is of any size, the impression of uiy rniud is, for vessels of any sire, at any time. Q. Do you recollect what depth yon bad when you passed?— A. 1 think very uear the Ruoyarl we l. ad - is I'atlioins. That vessels ot Buy size, al aiiy time, might go in or out. U. J thiuk you said that six sail of the line might 11c clear of shot or shell ; have you any authentic chart, or any evidence to suppurl that opinion ?— A. It was from the soundings wc bud ; provided the tide does uot fall more than 1U feet. It is so mentioned on tbe French chart, which 1 produce iu court, 1 had uo other means ol jndgiug. With respect to depth of water 1 can to a cer- tainty say, thai if the rise aud fall is uot more than lo or 18 feet, 1 think there is depth euougb at any time. I think ihe shins « ould have gone in as safe as " the others did afterwards. Q. You have mentioned that there wns room for six sail of the line, did you mean at any time of the tide to lay without the range of shot or shell ?— A. Yes at any lime of the tide, lo that 1 call apeak positively, we were there at all times of tbe tide— it was the height of th. springs, and there were live and a quarter fathoms under our bottom at low water, and from live to six fa thorns for a distance round about us siiflicient for that purpose. That was my impression at the time, but uow 1 believe you might put a dozen or 20 sail of tbe liue. Q. What, without . hot or shells "— A. Yes. Q. Are all the circumstunccs slated 111 this log correct, according to your knowledge and belief?— A. Yes. Q. Did the commander in chief, in consequence of signals made, soon after, and when, weigh with oilier ships and proceed near the Isle of Aix, and at what time did he come to anchor?— A. He weighed, I thiuk, about eleven o'clock, and anchored aboul half au hour after- wards, having both wind and tide in his favour. The position taken up by bis Lordship was nearly that men tionediu the French cbarl, mid which I ollered to the tonrt, marked No, 2, iu whicb is shewn the situation of the enemy from day- lii; ht in the morning of tbe lxtb ami till tbe two French ships which remaiued at anchor cut their cables on his Lordship standing towards them. Q- Was the position thru taken up by Ihe Commaud- T in chief the most pieper for observiug the enemy, for sending ships in the most prompt manner to attack ami assist the ships, and might thai position have L>: en taken at au earlier period foi the good otthc service, and carry ing into ell'ecl that service for which you made signals— A. Itwes a good position to observe the enemy if taken al eleven o'clock, but it was not taken till Iwo": it wa* nut a position for attack ; there was uo attack at that time. Question repealed— A. I have no hesitation iu saying it waa a good position for observing the motions of the enemy ; and being near, assistance might have been sent lo any vewel*, aud an attack l> cen made noon the enemy. That position might have been taken at day- light, when au attack might have beeu made to the advantage of the Q. It appearing by log of the Impentose that yon having previously sent iu a man to ta » c soundiugs, did you weigh aud advance towards the enemy by sigual from tbe commander in chief, or did yun so without orders by signal or otherwise '— A. I thiuk'it necessary, if 1 am per- mitted by the court, to read in answer to" this qntsiioi. remarks which I threw together in consequence of a I'tler from the Secretary of the Admiralty, statine that a courl- martiil wa » to take place— These remarks contain all the transactions which took place in Basque Roads, aud are expressly in answer to the above question. The Im- perieuse had been detached the nieht h « - f„ re, I beine tin- captain having tbe charge of the fire- ships to effect th » destruction of the Frecch flert, and the Imperieuse had not been recalled from that service. Q, When yon went in on tbe I2tb did you so go in, pur- suant to signals of the commaud- r, or did ycu so without orders, by signal or otherwise?— A. 1 did so in compliance with what I considered tbe spirit of the order « I haul re- ceived. Tbe doing of it was iny own act The entry in tbe log- book of the Imperieu^, lhat I we'ghed at half- past eleven, is not correct, as willappear by the log- books of tbe fle-- t I weighed al vac ociie- ic j tic enemy rather prcc « d « d nc. Q. It appears by the log that you made signal of dis- tress ; what was the nature of distress of your ship, and did any one miud what came to your assistance, and was there any unnecessary delay iu that respect ?— A. I then enquired by baling, what attack was intended to be made on the cuemy. The commander replied, he was ordered in bombard; I directed ( the commander of the brig to go, close and that 1 should protect them, lt was then one a'clock. The French a- decker swung to her hawsers. and the last of their ships began to move. I had had '. he charge of the fire- ships ; they had failed ol' every - x- iccted purpose. I knew what the tOugue of slander was capable of, aud although 1 admit that the feelings of my Lord Gambier for tbe honour aud the iuterest of hi. country were, and are, as struug as my own, yet personal considerations were e- nough: tbe expectations of ray country, the hopes of the Admiralty, and my own pros- pects, were about to vanish. I weighed anchor, and run in, and went beyond the possibility of return ; I ordered sail to be made after tbe sternmost ships of the enemy, d in standing in, 1 made the signal that the chace was superior to the chasing ship, because the Ville de Var- sovie and Calcutta were both afloat, and immediately nf-. derwards, that we wanted assistance, which signal it. ab- surdly coupled with the words " being in distress." When we got up to the Buoyart, we opened our fire upon the Calcutta and Ville de Varsovie. The Calcutta was broad- side on, tbe Varsovie lay with her stern towards us, she h. iug under sail, and the Aquilon was in tha same posi- tion; the latter did not fire for a long time, they were employed cleariug away their stern to get guns out. When wc anchored it was about two o'clock. Some brigs had anchored as marked in chart No. 2, for the protection of the bomb, and were firing, but too far oil' to lie of any use. I made the signal for them to close, but as there is 110 flag to express brigs only, without frigates or larger vessels, most of wliicb were commanded by my seniors, I explained as far ns lay within my means, that this signal was intended fur them by tiring from the main- deck, the qnnrter- deck shot did uot reach them. This sigual, I was afterwards told, gave considerable oflencc, aud so soon as 1 learnt that from Sir Harry Neale, 1 declared to Lord Gambier, that it was not my intention, iu the slightest degree, to hurt his Lordship's feelings. 1 had then no time to express by a tedious telegraphic communication what I meant to convey. We were all busily employed, when it was reported lo me that several sail of the line and frigates were coming to our assistance. About three ihe Revenge and several frigates came within hailing : I hailed them to anchor or they would ground, wc having taken our birth on the very edge of the shoal— it was the falling tide. Several that had anchored opened their fire on all the ships that were within reach, the Varsovie, Aquilon, and Calcutta. 1 made signal that the Calcutta had struck, and sent a boat lo inform those who were firing at her that our boat was then on board of her, on which the Indefatigable and others turned their fire to the Varsovie and Aquilon I ordered our people to cease firing ; there were then ahi,.* enough to destroy the enemy without the Imperieuse: onr people were much fatigued, they therefore rested themselves, w ith the exception of those ordered to repair tbeir rigging.- tbe other ships continued to fire on the Varsovie and Aquilon until they struck, which w4s about siy. o'clock. The Calcutta was set on fire; the enemy ii » a consternation kindled it still more our. boats in.-' ployed shifting the prisoners-, the French were deserting several of their ships with every boat that belonged to them, aud pulling and sailing for the Rochfort river; an attempt was intended to have been made to burn the ene- my's ship Ocean. Capt Bligh volunteered this service.— Capt. Maitland regretted that ou account of Capt. Bligh's previously having undertaken it, that he was deprived of that opportunity of distinguishing himself. 1 was too much fatigued io undertake it myself, I could scarcely stand through excessive fatigue; the reason it was not done I only learnt since seeing the public dispatches in the papers. As the French had taken to their boats to land their people, they were all ashore that night, and the uext morning. there were two or three chasse marees in their stead, lightening the enemy's ships, by taking articles from them. There was no delay whatever to the best of my belief after the signal for assistance was made on the part of Lord Gambier, in ordering the vessels lo onr assistance; but had the attack been made in the morning when the tide was fulling until paitcigbt o'clock, and when the enemy's ships were all with the exception of two, fast a ground, n tliree- dccker and two others, as shewn in Chart No. 2, lying close together to windward, with their masts and vards apparently locked, 111 whicb position they continued until oue o'clock, it is my opi- nion that seven sail of the enemy, including tbe three- decker, might have beeu destroyed with facility, by two sail of the line, assisted by the frigates and smaller ves- sels ; and il is my opinion, that after the hour of half past eleven, when the enemy's two ships that remained al an clior until Ihe British fleet weighed, the frigates alone, assisted by the smaller vessels, might have destroyed the whole of " lbe above- mentioned ships, the rear ot which afterwards were attacked. Adjourned until to- morrow morning at nine o'clock. ESSEX. Chelmsford Hundred— Game Association. SEVERAL Gentlemen of landed property having un- dertaken to establish AN ABSOCIATION ' for the preser- vation of the game in CHeLMSFORd HUNDRED, a meeting will In, held nt tbe Black Boy, Chelmsford, on Friday the 4th day of August uext at 12 o'clock precisely, for the purpose of entering into a subscription, and naming a committee to form regulations for tbe management of the fund, & c. when ihe attendance of the lords of manors, and such other gentlemen as wish to support the proposed measure is particularly requested ; such lords or ladies of manors, and others who cannot attend on lhat day, and wish to become subscribers, are requested to send tbeir nuines and addresses lu Mr. T'. F. Gepp, Solicitor, Chelms- ford, ou or before tbe said 4th day of August unxl. Chelmsford, July Hi, 1809. GIDEA HALL, ROMFORD, ESSEX. TO BE SOLD BY AUCTION, ON THE PREMISES, By MATHEW aud SON, Ou Thursday the 3rd day of August, 1809, and following day, THE genuine HOUSEHOLD- FURNITURE, LIVE & DEAD STOCK, BREWING UTENSILS, and other Effects, at GideA HALL, ROMFORD; comprising mahogany four- post and other bedsteads, with erotton, damask, aud hurrateeu furnitures; twenty prime seasoned goose and other featherbeds, with suitable bedding; horse hair and wool mattresses; mahogany and wainscot chests of drawers; mahogany aud japanned sofas, with chairs to correspond, stuffed seats and backs; mahogany and wainscot dining, Pembroke, card, and other tables-, large Brussels and Kidderminster carpets; fenders, fire- irons, and numerous kitchen requisite-, a 4- hogshead brewing and fonr washing coppers- mash tub; underback and coolers lined with lead ; working squares ; jack back; lead and copper pumps: sweet iron- bound beer > asks; pickling tubs; two capital wine presses with iron screws, Kc. com- plete ; six washing trays lined with lead ; large laundry cloatbs horse, with jack, & c live and dead slock; o'- l iron, lead, and brass; a quantity of glass bottles; useful building materials, firewood, &: t. Sale to begin each day at ten o'clock. May be viewed the day preceding the sale, and cata- logues had at the Golden Lion, Chelmsford; Eagle, In- gatestone; George, Brentwood; Talbot, Whitechapel; place of sale . and of tha Auctioneers, at their furniture warehouse, Romford ESSEX TURNPIKES. NOTICE is hereby given, that at a general adjourned Meeting of tbe Trustees appointed by virtue of an Act of Parliament, passed In the thirty- third year of the reign of his Majesty King George the Third, entitled, " an Act for repairing the Roads leading from the west- ern part of the Parish of Shenfield, and Harwich and Roch- ford, and from Chelmsford to Bullingden Bridge. and from Margaretting to Maldon and from Colchester to Dedham bridge, and from Lexden. to the east of the town Of Haveril, and for repairiug aud widening, several other roads in the said County of Essex;" to be holden at the Sbire Hall, in Chelmsford, on Mouday the 4lh i! • jf September uext, at clevcu o'clock in the furenoou. Tha lolls arising at the three several toll gale* upon tb* Turnpike road under the management of the sail trustees, called tbe Shenfield, Widlford and Leigh. gates respectively will be let by Auction separately tor three years from Michaelmas day next to tlia be. l bidder, in manner directed by an Act of Parliament, passed iu the thirteenth year of the reign of bis present Majesty, for regulating the Turnpike Roads, and which tolls produced the last year ending Midsummer day, the following ruma ( uliovc the e wpeuces of collecting the same) and w ill ba put up at those sums respectively ( tliut is to say) Shenfield Gate IgoQ 10 s Widford Gate i. 10 14 6 Leigh Gate 340 2 o The several highest bidders will be required to givr se- curity with sufficient sureties to the satisfaction of the • aid Trustees, for the payment of the rents agreed for at such limes, upon such conditions, and under such cov*- uants as will lie produced at the said Meeting. By order of tbe Tmsti- cs, WM. CODD, Clerk lo the suld Trustee*. N. B. The Treasurer's account of the annual produce of the aforesaid gates, for several previous vcurs may be seen by application to Mr. T. F. Gepp, Chelmsford, also will answer auy enquires. ESSEX TURNPIKES. N'OTICE is hereby given, that at a general adjonnicd Meeting uf the Trustees appointed by viitue of un Acl of Parliament, passed iu the thirly- llnrd year of the reigu of bis Majesty King George the Third, entitled, " au Acl for repairing the Roads leading from Ibe si- era part of the Parish of Shenfield to Harwich and Rocb- ford, and from Chelmsford to Ballingdon Bridge, aud from Margaretting to Maldon, and from Colchester lo Dedham Bridge, aud from Lexden to the east end of tha town of Haveril, and for repairing and widening irvernl other muds in the said County of Essex liolden at the White Hart Inn, Colchester, on W ed n • l. ij the titU day of September next at eleven o'clock m t V. forenoon. The tolls arising at the three several toll gv-- upon the Turnpike Road under the inanagcment of the mid Trustees, called the Rivenhall, Lexden und Dedham gates respectively will be let by Auctiou separately for two years from Michaelmas d » y ne\ t to the bi si bidder iu manner directed bv an Art of Parliament, passed in this regulating ',' 1 k R*> nili, v. lucl! lolls proUnceel llie lest year, tbe following snon ubovc the prr. ee* of collecting the same) and will b* pr. t up at thole sum* respectively ( that is to say) Rivenhall Gate £ 479 IS a Lexden Gate 4y/ tl> 1 Dedham Gate 35 » 14 1 Tbe several highest bidders will be required to give secnrily with sufficient sureties to ihe sutisfnctioii of ibe said Trustees for the payment of the repts agreed for, at such times and upon suth conditions, mid under such covanauts, as will be produced nl the ruiei Meeting. By order of Ihe Trustees, WM. CODD, Clerk to the said Trustees. N. B. The Treasurer's account of the annual produce of tlie aforesaid gates, for several previous years may be- seen oil application to John Miles, Esq. at the Bank, Col- chester. Freehold and Copyhold Estates, St. Otyth and Thorrington Essex, NEAR COLCHESTER With possession ut Michaelmas, 1810. TO BE SOLD BY AUCTION, By WILLIAM DRAPER, At the Red Lion Inn, St Osyth, on Monday 71I. af August Ittog, at 3 o'clock, in the Afternoon :— 111 Lois. Lot. 1. ONE moiety or half part of u small FREE \ HOLD ESTATE, called Hole- Farm, consist- ing of a Cottage and garden, with barn and other out- build- "' gs, and ten acres of excellent sound Arable Land, be this same more or less, lying compactly together and in two in- closures, and situate in tbe parish of St. Osyth; adjoining the lands of Gutteridge nud Dale- Hall, abutting 011 tho road to Weeley Barracks, and now in the occupation of Mr. Wm. Gunn, Tenant ut Will, at a very low oldi- nt and moderately assessed with parochial rati » ; the land is extremely well watered anil convenient for manure, unit lias growiug nu the Estate ^ ij good Oak and Elm Timbers, with upwuids of 50 sound good Oak and Elm Pollards, us also numerous Oak and Elm Spheres. Lota. One moiety or half part of a « mflll COPYHOLD ESTATE, situate in tbe parish of Thorrington , I lie occu- pation of Mr. Richardson and uuder Tenants, all Tenants at Will, at a very low old rent, comprises two Cottages, gardens, and a good well of water, iu thc occupation of James Dowse tt, nud Wm. Minter, under Tenants at Will, and five acres and half of excellent land, b « tb. same more or less, copyhold of tbe Manor of Thorrington Hall, abutting on the road to Frating, with an . extensive right of commonage, on Thorrington Heath, land tax, parochial rates, and Quit Reut very low. Lot 3. Oue moiety or half part of a small COPYHOLD ESTATE, situate in the parish of Thorrington. abutting on the road to St. Osyth, and copy hold of the sa-. i Mm or, in the occupation of Mr. Richardson, and bis under tenants at a very low old rent; comprises two Cottage,, divided into three teuements, and gardens in the occupa- tion of John Hearn, James Rowland and James Warden under Tenants at Will, aud 4 acres ond 1 of r » e .11 r. nt land, with several good Oak Tio- bcra thereon, land tax, parochial rates, aud Quit Rent very low. I- ot 4. One half part or moiety of a COPTHOLD MES- SUAGE. divided into two tenements, situate in the \ il- lageof St. Osyth, and holden of tbe said Manor, in the occupation of James Cook and Wm. Potter, tenants Will, at a very low old rent; comprises a go'd shop ai d keeping- room in front, two sleepiug chambers, ai 1 i » e> garrets, convenient out- buildings, and alx> ut Iti. rc' , f garden ground adjoining the premises, be the same more Lot i. On- half part or moiety of a COPYHOLD MES- SUAGE, divided into two tenements, nearly adji/ i' tuf Lot 4. holden of tbe aforesaid Manor, in the occupation of John White and John Cockrell, Tenants si .11, at a very low old rent; comprising two good lower rooms, buttery, four chambers above, a piece of garden ground behind the premises, and a good well of water. Lot6. A piece of garden ground on tbe opposite side of Lots, copyhold of tbe said Manor, and in tbe occupation of Jobn White, Tenant at Will. The Premises may be viewed by application to the tenants, aod particulars known by' application to Wm. Draper, by letters post paid. CHELMSFORD: PRINTFP ( FOR THE PROPRIETORS) BY R. H. KELHAM, AND PUBLISHED AT THE COUNTY PRESS AND CIRCULATING LIBRARY. ( UNANIMITY IS THE BOND OF SOCIETY.) and Colchester Communicator. Or, Chelmsford london. SATURDAY'S TOST. WE learn with satisfaction, through letters from St. Petersburgh, of the 6th instant, that whileBuonaparte, by his victories in Austria, cannot fail to have made a sensible impression upon the court of Russia, the British fleet has made demonstrations off Cronstadt, which, we hope, has counteracted in some measure the in- fluence of France. A British squadron, of seven sail of the line, with twenty tran> ports, was at the above date off Cronstadt; and the Russians were already alarmed for the safety of the place, a « a disposi- tion was evinced, on the part of the English, to bombard it. The Exchange at St. Petersburgh had fallen a trifle in consequence. We understand that Archangel has been left by the British squadron which Was lately in that quarter. At a late hour last night we received Portu- guese papers to the 9th instant, from which we have made the following extracts :— LISBON, July 8. Extract of a private letter. t{ Sir Arthur Wellesley is by this time at Placentia, and you may shortly expect to hear either of a battle, or that our army is besieging Madrid." < C GALLICIA, June 27. " Soult is retiring from Gallicia by the route of Peubla de Senobria, where he still was on the 25th inst. Nev has left Lugo for Castile by the way of Villa Franca. Proceeding towards Astorga, a division of the Marquis Romana, commanded by General Carrera, has already entered Corunna; and in the vicinity of For. vol, a detachment of English troops has already disembarked. The whole of Gallicia is free from the French, and the Marquis Romana is about to establish his head- quarters in Orense. Kellermau is at present in the neighbourhood of Ciudad Rodrigo." .— ( Minerva Lusitani, JULY 4.) < C ALMAREZ, June 24. Extract of a letter from a Portuguese Officer : — < c Yesterday morning I went to reconnoitre the French batteries which defended the passage of the Tagns, over the bridge of Almarez ; they consisted of two of six pieces, and one of four, • which traversed the high road so that not a sin- gle person could pass; and it was evident they were determined to use every effort to prevent our army from constructing a bridge of boats, but they were unable to prevent it, since they retreated this morning at three o'clock, aban- doning the batteries. Our army continues in pursuit, and General Cuesta is at this time pass- ing the bridge. Our perfidious enemies in all parts leave proofs of their barbarity and ferocity, by reducing to ashes the very towns to which they • re indebted for subsistence. Almarez and Yalmoral de Placencia are now in flames." " ALMAREZ, June 29. u The latest advices from our army confirm the intelligence, that on the 24lh if was prepa. ring to cross the Tagus. in two grand divisions, - vtri uy iiie~ TTri7^( lgJT^ 7lf'uspd, and the other by that of Almarez. Both had been abandoned by the enemy, who, according to all accounts, had taken the direction of the high road to Ma. drid, with, perhaps, the design of joining the army of La Mancha, which had taken the same route, and by this meay avoid the destruction that awaited ( he two armies, weakened by the continual losses they have suffered." ( Diario Lisbonense.) FROM THE LONDON GAZETTE, SATURDAY JULY 29, 1809. Admiralty- Office, duly 2S, 1800. Copy of a Letter from Captain H. Boys, Commander of his Majesty's Sloop the Moselle, to Vice- Admiral Row- ley, Commander- in- Chief in Jamaica, and transmitted by the Admiral to the Hon. W. W. Pole. Moselle, at Sea, May 18, 18( 19. SIR,— I beg leave to acquaint you, that I have this day. after a few hours chase, captured the French National Schooner Le Beau Nar. cisse, of eight guns and fifty- five men, com. manded by Monsieur Louis Ores, Enseigne de Vaissrau; » > he left St. Domingo on a cruize on the 7th of May. I have See. HENRY BOYS. This Gazette likewise contains an Order in Counril, directing that all Apothecaries, and other Compounders of Medicines, & c. shall use the form, manner, propor- tions, & c. prescribed in the revised Pharmacopoeia of the College of the Faculty of Physic, under tbe penalty of in- curring his Majesty's displeasure, icc. Bankruptcies Enlarged— T. Neale, St. Martins' lane, spirit- dealer, from Aug. 5 to Aug. 29, at Guildhall. 1 Israel, Glousester- street, Commercial- road, linen- draper, from An*. 5 lo Sep. 23, al Guildhall. J. Gray, New- castle- upon- Tyne, merchant, from Aug- b to Aug. 29, at Guildhall. BANKRUPTS. W. Foxall, Edmonton, coach- master, to surrender Aug. 1, 15, and Sept. 9, at Guildhall. Attyn. Messrs. Phillipson and Brewer, Staple Inn. R. C. Bury, Salford, Lan- caster, merchant, Aug. 11, li!, and Sept. (|, at the Palace lun, Manchester. Allys. Mr. Hewitt, Manchester-, and Mr. Ellis, Chancery- lane J. Mitchell, New Sleaford. Lincoln, grocer, Aug. 35, 26, and Sept. 9, hI the Spread Eagle, Lincoln. Attys. . Mr. Cope, Boston; and Mr. Wilson, Greville- street, Hatton- garden—— J. Gough, Exeter, dealer, Aug. 5, l- J, aud Sept. 9. Attys. Messrs William Brooks, Lincolu's- Inn; and Mr. Pidsley, Exeter. W. Ratcliffe, Exeter, baker, Aug. 2, 19, and . Sept. 9, al the Castle of Exeter Atlys. Mr. Bowring, Exeter; and Messrs. Williams and Darke, Prince's- street, Bedford- row. J. Anderson, Cannon- street, merchant, Aug. 1, 8, and Sep 3, at Guildhall. Attys. Messrs. Swain, Stevens, end Maples, Old Jewry W. Blackburn, Aldersgate- street, watch spring maker, Aug 4, 12, and Sept. 9, „ t Guildhall. Atty. Mr. Bond, East India Chambers, Lead- enhall- street. FASHIONS FOR LADIES AND GENTLEMEN. From Ackermann'i Repository of Arts, Fashions, Manufac- Walking costume.-.\ vestal robe of the finest India muslin or cambric, wilh a border of lace or needle- work round the feet, and continued up the front. An Austrian spencer, with carmelite hood, composed of white or silver- grey satin, or of Paris net, with an appliqucd border of French lace or Chinese trimming, confined at the throat with a silk cord and tassel. A cornelian cross, suspended from a gold elastic chain. French watch, worn on the outside of the robe ; the seals disposed in the center of the bosom, by way of broach. Parasol corresponding wilh the speneet. Shoes and gloves of lenion- coloured kid. Child's dress— A. frock of fine cambric, with small tucks round the bottom. An Andalusian cosaque, or short coat, of the same, ornamented with a jonquille, or lemon- coloured border. A long silk throat- scarf of the same colour, tied loosely at the bosom, and finished with rich tassels. A Spanish hat of imperial chip, or plaited straw. Gloves and slippers the same colour as the scarf. Promenade dresses.— No. l.- A petticoat of cambric, bordered with needle. work at the bot- tom. An Egyptian vest of the same, with cor. respondent border, in primrose or straw- colour. Drawn tucker of French lace, finished at each edge with the same style of border. A pro. vincial bonnet of fine moss or satin straw, orna- mented with a cluster of the double stock in front. Austrian scarf, of light blue sarsnet, tastefully disposed across the back and shoulders ; the ends finished with gold or silver tassels. Shoes and parasol to correspond wilh the scarf. Gloves of York tan. No. 2.— A cambric petticoat, richly bordered at the feet in needle- work and vandyke lace. An Andulusian cosaque of shot sarsnet, edged round the bosom, and at the feet and wrists, with Ihe same, and tied down the front with bows, and ends of white silk cord. A convent veil, of French lace, thrown back, so as to dis- play the hair in front, which appears divided on the forehead, and flowing in irregular ringlets on each side of the face. Opera glass, with gold Venetian chain. Parasol and slippers cor. responding wilh the coat. Gloves of lemon, coloured kid. LORD GAMBIER'S TRIAL. THIRD DAY, FRIDAY, JULY 2$. i Lord Cochrane was re- examined respecting the chart which he had produced, and some nautical manoeuvre. [. Admiral Stopford was also re- examined.] When the signal was made bv the Imperieuse, on the morning of the 12th, that the enemy's ships were ashore, was any thing done by the British fleet in consequence of it? A. Shortly after the signal was made by the Imperieuse, the commander in chief made the signal to un- moor; but I cannot speak to the exact interval of time between these signals; afterwards the signal was made to weigh, and the fleet moved in consequence nearer to the Isle D'Aix, as the commander in chief informed me, for observing the proceedings of the enemy, and with the inl tention of going in with the fleet, if the wind had shifted so far to the eastward as to allow the fleet to go out again, for which event the com- mander in chief expressed the greatest anxiety. Q. At what time was it the commander in chief informed you of his reasons for going in ? A. Sometime between the hours of eight and ten, in the forenoon of the 12th, being then on board the Caledonia. Q. Did the fleet anchor again? A. The fleet anchored again rather more than three miles from the Isle D'Aix, finding there was no change in the wind. Q. At the time when the fleet anchored again, would it have been prudent or proper to have sent half of it in to destroy the enemy ? A. For the reasonsT yesterday stated, I think it would not. The commander in chief desired the Etna bomb and the smaller vessels, gun- brigs, and other vessels to bombard the enemy's ships that were lying on shore. The captains of the Valiant, the Revenge, the Lyra, and some other 6hips were placed towards the Buoyart shoal, in order to support the operations of the gun- brigs. Q. Did the ships and vessels so ordered to ad- vance proceed without anchoring with the fleet ? A. The Etna and smaller vessels immediately proceeded, without anchoring, to bombard the ships. The line of battle did not proceed till subsequently ordered by signal: they anchored. Q. You said directions were given to some other ships to proceed. Were those directions by signal ? They were given to the captains on board the Caledonia, by the commander in chief, and in my hearing. Q. Were the directions given the Eame to all of them, or was ( here any distinction made be- tween the line of battle ships and the smaller vessels ? A. As they were directions that could only be executed according to the skill of the pilots, who are sometimes extremely ignorant, the orders to the ships drawing more water were of course given with discretion to the captains of those ships, to go in as far as they thought safe, as far as they could depend upon their pilots. Q. At the time of hearing those orders given, did you understand it to be the intention of the commander in chief that every ship of every description should go in as soon and as far as the discretion of the captain would admit? A. From the general signal given for the ships to prepare for battle, with springs on their cables, See.; also from the conversation I had with the commander in chief, and witnessing his impa- tience and disappointment at circumstances not allowing him immediately to go in with the fleet, it was my full conviction that such were the commander in chief's intentions. Q. Do you know from the captains of those ships of the line their reasons for not going im- mediately in? A. I do not recollect ever to have heard those reasons distinctly 6tated. Q. What were the vesseis that accompany the Etna when she went in ? A. They were chiefly gun- brigs and men of war. Q. Any frigates ? A. Afterwards every fri gate went in in consequence of signals from tin commander in chief. Q. How long after the brig- sloops, the gun- brigs, and the Etna went in ' was it that the fri gates went in ? A. I don't think it could ox- ceed half an hour. Q. At what time did the line of battle ships go in, and which were these line of battle ships ? A. I think it was about half an hour more that the Valiant and Revenge went in, being two of those who w ere before ordered, and the van. Q. When the fleet brought up at the distant- you have mentioned, from Isle d'Aix, what wa the state of the weather? A. Fine weather, fresh breeze. Wind N. N. W. flood- title. Q. At tb « time of th « firs- tliips being s « at in on the evening of the 11th, what was the state of the weather ? A. Squally, with strong breeze to N. W. with so strong a sea, that boats could not pull against it. Q. As the report was made to yon, how did t continue all night? A. the wind was still fresh till twelve o'clock : it moderated for a few hours tn the middle of the night, and freshened up again about day- light. Q. Did the frigates which went in after the smaller vessels, proceed by signals ? A. Yes. Q. Did the line of battle- ships, the Valiant and Revenge, proceed in by signals? A. They did. Upon Lord Gambler's being asked if he had any question to ask this witness, he said, not'for himself at present, but for the sake of the repu- tation of the fleet. The court gave him permission to do so. Q. ( By Lord Gambier) On the evening of 11th of April, it blowing a gale of wind from the Northward at high sea, the night extremely dark, great difficulty of any communication from ship to ship, in your opinion, was not the. service in which those officers and men v/ cre em- ployed in the fire- ships extremely hazardous, and; attended with so much danger as to give reason to apprehend fhat they could not return? A. Being directed on that night to take the leading of all the boats that - wcrt! assembled on board the Caisar, there was so ranch, wind and sea, I thought they could not act with effect in support 6' f the fire- ships. I directed the captain of the Ciesar, about sun- set, to go to the commander in chief, and suggest to his lordship from roe, the propriety of Ihe boats remaining on board the Caesar till I thought they could act with effect, of which his lordship and I selected the boat belongiug to the Hero, and the best rowing boat I could lind, to go to the Imperieuse to ac- quaint Lord Cochrane of such intention of keep ng the boats, and desiriug his lordship to send me word back by it if he wanted any other assistance. The weather was so bad that they could not return that night. With respect to the hazardous undertaking, it was fully exem- plified by one of the fire- vessels belonging to the Caesar. She went in before the Explosion and before the Mediator, and on coming near the French fleet she brought to, by signal from the others ; the exploding vessel blew up close to her, killing two men, and damaging one pf the boats, in which they were to come away.' The men were therefore much crowded in the remaining boat, iu. which they had to return to the vessel. The acting lieutenant and one man died from fatigue in the bottom of the boat; the others were picked up by the Lyra brig. Q. ( By the court) As that which occurred in the fire- vessels did not pass under your obser- vation, will you inform the court how you came by the knowledge of it? A. From the indivi. dual information of the officers and every raan who returned, and comparing their accounts to- gether, the result of which I stated to the com- mander in chief, left no doubt in ray mind of the fact. Q. Did you receive it as the official the commanding officer of the: did ; as near as I recollect. Q. ( By Lord Gambier) Urn stances before- mentioned, was il that so large a proportion of fire-! through the enemy's fl ound round the ship at such distance as I before mentioned. Q. Was it known on board the Imperieuse be- fore you went in, that there was such anchorage ? -— A. By the French chart only, as we had no French pilot on board. Captain Wolfe, of the Aigle, sworn and ex- amined. Q. Did it appear to you, that any blame what- ever could have attached to the conduct of the Commander in Chief during his conlinuanco. on Basque roads, from the 17th March to the 29th April?— A. I have no recollection of any thing of the kind. Q. From the first attack upon the enemy's ships to the final cessalion of hostilities against him, was every thing done that could be done to effect their destruction ?— A. I think there was with the class of vessels that were present. Q. Do you know then if any vessels were withheld that might have been applied to that service —— A. None whatever. When I speak of tho class of vessels present, I mean that there were no vessels in his Lordship's command, with a draft of water that could have effected the de- struction of the enemy. Every application that I made to his Lorship to effect their destruction was always complied with. Captain Rood's evidence was similar. The President acquainted Lord Gambier, that the evidence for the prosecution was closed; and asked him how long he should require for the preparation of his defence. his Lordship re. plied that he was afraid he could not prepare it by the next day : and it was understood that to- morrow at nine o'clock, the Court should meet, to adjourn to such time at his Lordship should please. Postscript Monday. July 31. WEEKLY SUMMARY. THE late hour : ii which wc reran red tbe French bulletin, containing llic armis tto ajT « v « f iifi l » rtvvifn lIn- Iwo armies, priT vntml UK from rmUni; such remarks in nur last paprr ax Mi: RI.' e* te « l themselves IQ. our mind. Wc hail only time as well as room lo observe thai our hopes had l> een disap- pointed, ami our confidence misplaced. The act was thai of a stale rendered foolish by cxrrssivp pusillanimity, or whose resources trere suddenly withered by some sudden and uufor** ccn calamity. The situation of the Austrian armies, if we may judge, by Ihe most a at lien tic statements, was far from de- plorable. The Archduke, it is true, had been compelled to retreat, but he fell back to a stronger position, only a few miles in the rear of ilint w hich he bad previously occu- pie. l— the defeat was not decisive— ihe over- throw was very partial. The Archduke Ferdinand, according to communications of a subsequent date, was pursuing his career successfully in Gallicia, aud the Archduke John had formed a junction with ihe gallant Chasteller in ihe Tyrol, and was proceeding to Vienna. What was there in circumstances such as these, to warrant so unexpected a submission! Possessing such an impcrfect idea ol the situations and strength of the con- tending armies, as well as of the nature and extent of tlie recent disaster, ( for it has un- doubtedly turned out so,) it would be ridi- culous iu us with a single dash of tbe pen, to throw a stigma on Ihe courage or prudcnce ofa general, who has lately proved himself entitled loour highest commendations. But wc may lament, and we regret that no other consolation is left to us, that any circum- stances should have occurred to render such an abject measure necessary— a measure' which has given, as wc fear the result will prove, the death- blow lo Austrian greatness. It is most probable that this armistice will be fallowed by a peace, and can we suppose that ( he conqueror will allow Austria to retain the power of annoyance? Can we imagine that so perfect a submission is at all calcu- lated to appease his anger, and turn his in- tentions into a different channel ? No— He will dismember wilh a single decree the em- pire which has confessed its own subjugation •— and heneeforwards he will expunge from the regal calendar the last relic of continental monarchy, and leave no trace of the an- cient dynasties, but the empty and transient vestige of a name. There is one article, however, in the ar- ' mistice, which, with all our deference to the Austrian valour and prudence, wc cannot attempt to palliate, much less justify. The desertion of the brave, but unfortunate Ty- roleans, is tbe clnuse we allude to. But per- haps this dereliction of justice may be ex- cused on the score of humanity! Its advo- cates may argue that such a provision will prevent ihe further effusion of blood, and a greater extension of the evils and miseries of war! and this is the only ground on which we c » n conceive the abandonment of a righleous cause will l » e attempted to be justified. There mny be those w ho w ill prostitute the pen and the pres* to the vindication of such an act, but when we recognise the justice of such a plca— may our worthless leaves Line trunks, clothe spire, or scattered thro* the street, Pave the rough road for every blockhead's feet. The expedition has at length sailed for its destination; the last division having cleared the Downs on Saturday morn. May glory attend it! Long before this time it has reached its primary object of attack, and the < l lazy Scheldt" has probably ere now re- echoed the vengeful voice of the British thunders. There is no doubt but the Isle of Walcheren will be first secured, and con- vened into a depot for the English stores and shipping; but its ultimate object beyond the destruction of the fleet in the river, and the ships at Antwerp, wc are at present unable to point out. Of this one fact we may, how- ever, rest assured— that nearly 40 ships of the line, and 50,000 troops have an object in view of more importance than thedestruc- tiou of ten or twelve ships of war. MONDAY". POST. On Saturday dispatches were received from Sir Arthur Wcllesley, dated Castel Blanco, July I. At the same time dispatches arrived from Mr. Duff the British consul at Cadiz, of the 5th inst. From these sources, as well as from the Lisbon mail, a variety of intelligence has been received, the g. neia! character of which we should consider as promising, could we for- get the sad issue of the campaign in Austria, « nd the Influence which the Armistice will not tail to have upon the affairs of Spain. A report has been issued by General Blake, of the battle of Belchite, which is given in the Spanish papers, and is, indeed, a mortifying do- cument; but we were before informed of the disaster itself through the French papers, aud do not consider the ample confession of it as a bad OMen. On the contrary, we are persuaded, that the affairs of Spain can never prosper until thf Spanish government is fully sensible itself of, and dares to avow to the people, the full danger of their condition, the power of the enemy, and their own wants and failing*. The government or nation which does not look their perils in the face, can never provide remedies against them. From the several accounts received, it ap p* ar « certa B that the enemy has found it ex- pedient to concentrate his forces. On the 29th of June, the British army began its march for Spain. The first division was ex- pected to reaeh Placencia by the 3d inst. We have not heard where the main body of Cuesta's army is ; bat it is said that a division attempted to cross the Tagus at the bridge of Almarez, but retreated rapidly, on finding that the French were assembled in force at Talabria de la Reyna. The first division of our grand expedition was expected to reach the Scheldt on Saturday morn- ing, and no time would be lost in carrjing into elocution the first plans of operation. The unfortunate Gustavus the IVth, it is re- ported, has received permission from the exist- ing government of Sweden to go with his Queen, son, and two daughters, to Switzerland, there to pass the remainder of his life in privacy. Sir William Curtis proceeds with the expedi- tion in hii yacht, under the direction of the Ad- miral of the fleet; who has ordered a Lieutenant and twenty men to be put on board. A report is prevalent that the armistice is a forgery, sent over to this country to stop the sailing of our expedition. Considerable reinforcements are now pro- ceeding to Sir Arthur Wellesley's army in Spain, and to Sir John Stuart's army in the Mediter- ranean ; almost every corps in these two quar- ters are receiving reinforcements. At the same time we are likewise sending out stores of every kind requisite for an army of 30,000 Spaniards. Government have accounts from Flushing to Saturday last; the garrison of the place did not exceed one thousand men, consisting of Spaniards, Dutch, Irish, and a few French. There, and at Antwery, and indeed aloug the whole of the Dutch coast, the people were informed of the progress of our armament, and were in hourly xpectation of its approach to their shores. Some more Dutch and German papers have arrived, which furnish us with some articles of interest, but nothing from the armies of a sub- sequent date to the French Bulletins. The Anstrians at the period of the unfortunate battle of Znaim, had resumed offensive opera- tions in Gallicia with success. The Archduke Ferdinand, after compelling the Polish General Sokolnicki, with 400 men, to surrender Sando- mir, and beating Gen. Zajonesok from Zwolin beyond the Vistula, established his head- quar- ters at Radom, with his advanced corps at Warka, on the northern bank of the Pelica, and within 20 miles of Warsaw. Prince Poniatowski was at the same time at Pulawy, on the Vistula. Saturday a mail arrived from Gottenburgh with accounts from Stockholm of the 18th inst. Count Stedinck had received his passports, and had set off for Petersburg!), by way of Abo, to conclude the pending peace between Russia and Sweden. The present King ( Charles XIII.) had recommended to the Diet, the Danish Princc Christian Augustus, of Sleswick Holstein, as his successor, with the present title of Prince Royal of Sweden. The states of the peasantry have acceded to the King's recommendation, and the other members of the Diet are expected to do the same. An english cutter which passed the Sound on the 26th ult. with dispatches for St. Petersburgh, returned with a flag of truce to Elsenor on the 4th instant, having in the interval traversed the Baltic and Gulph of Finland. The commander of the Danish rowing flotilla, in consequence of the dispatches which he received by this convey- ance, went twice on board the British Commo- dore oft" Helsingburgh : his visit was returned, and various speculations have been occasioned both in Denmark and Sweden by this inter- course. ST. PETERSBURGH, June 28. Three English frigates have taken possession of Catherine Harbour, in Kola, near the Icy Ocean, and of all the stores belonging to the Company of the White Sea, consisting in salt, cordage, & c. as well as some vessels loaded with corn. The garrison has also been in Kola, from which place the few inhabitants had fled. These frigates are now cruising at the mouth of the White Sea. The Government has put an em- bargo upon all vessels in Archangel, that they may not fall into thf hands of the English, who seem to have devoted their attention principally to the corn vessels from Archangel. This is the first attack of the English upon the Russian ter- ritory. Baron Stedingk, who was many years Swe- dish Ambassador at this Court, is expected here from Stockholm in a short time, in the same character. Peace with Sweden seems to be near. CHELMSFORD, AUGUST 1. MARRIED. I. ast week, Mr. Timothy Walford, jua. cabinet- maker id upholder, of Colchester, to Miss More, of Messing- Tuesday last, Mr. Timothy Surry, farmer, « f Broom- field, to Miss Ann Wayland, of thia town. DIED. On Wednesday last, at Stanford Rivers, in this county, after but a few days illness, Mr. John Frost, of Dunmow, a fine promising youth, upwards of 0 feet iu height, iu his 21st year. Thursday morning, at his house in this town, in tbe 73d year of his age, Henry Menish, M. D. banker. His loss will be long regretted by the circle which he orna- nented with bis presence, and cheered with his invaria- ble good humour, during a long aud valuable period of existence; aud those numerous inferiors who, from expe- rience, can tell the goodness of his heart, will deeply mourn that that heart is no longer permitted to expand itself in the amable exercises of beneficence and huma- nity. His worth will long SURVIVe in the remembrance of i his friens, hnt tbe praises uf the poor whom he befriended j will be his best and most durable epitaph. | Yesterday se'unigbt, aged 64, Mr. Thos. Stoneham, of North Hill, Colchester, for near 50 years a carpenter and builder in that town; highly valued as an honest, worthy man, and nu upright tradesman. On Wednesday the loth, in her 79th year, Mrs. Maria Carr, relict of the late . Mr. Samuel CARR, of Colchester, Wednesday last, being the first day of tha Assizes, the annual Florist's Feast was held at the Shire Hill in this town, and was attended by several of the leading noblemen and gentlemen of the county. Tbe whole was conducted highly to the gratification of the company by the stew, ards: indeed, nothing could exceed their atten- tion. About fifty two gentlemen sat down at 1 o'clock-, to a most sumptuous dinner, which was served up in exqubite style. The evening was spent with the utmost conviviality; a variety of loyal toasts was drank, and some excellent songs were given by several gentlemen. The Right Hon. the Lord Mayor presided in the chair, which, as on every other occasion, he filled with the utmost propriety, and which kept the company together to a late hour. Amongst tho company we noticed Mr. Alderman Ansley and Wm. Mellish, Esq. stewards ; Earl St. Vincent, Lord Henniker, the High Sheriff, Eliab Harvey, I. H. Strutt, R. A. Crickitt, Esq. See. See. The stewards appointed for the next year are, the hon. Lieut. General Henniker, R. A. Crickitt, Esq.; aud Michael Hoy, Esq. of Walthamstow. Our races, which commence this day, are expected to afford very good sport.— The fol- lowing horses have already entered for the Town, Stewards', and her Majesty's Plates. A consi- derable influx of company is expected. Tuesday, August].— Queen's Plate. Mr. Elwes's b. fiily, Miss Sophia, by Stamford, 4 yra. Mr. Emden's Miss Seedling, by Totteridge, 3yra. Mr. Jeffery's b. f. by Gamenul, 3 yrs. Mr. Johnson's ch. (. by Ambrosio, 4yr9. Wednesday, August a.— Town Plate. Mr. Emden's bay filly, Miss Seedling, by Totteridge, 3 yrs. Mr. Jeffery's chesnut colt, Silvermere, by Gouty, j yrs. thursday, August 0.— Stewards'Plate. Mr. Bacon's bay colt, Patriot, by Whiskey, 4 yra. Mr. Osborn's brown mare, aged. Mr. Emden's bay filly, Miss Seedling, by Totteridgc, S yrs. Mr. Jeffery's chesnut colt, Silvermere, J yrs. On Tuesday last, a Lodge of Free- Masons ( Hope and Unity, No. 295) was opened at the Old Windmill Inn, Romford. A number of Brothers of the ancient order of . Masonry from London, attended on the occasion. After the ceremony of opening was finished, a most excel, lent dinner was served up by Brother Taverner, in such style as gave universal satisfaction. A variety of Masonic toasts and songs were given and sung ; and the remainder of the day passed with tin* utmost conviviality. On Wednesday last, a game of cricket was played at Dunmow, in the presence of a vast concourse of people, between a Mr. S.. t, from London, and a Mr. S.. k, of Great Dunmow, which was decided in favor of the latter. Monday the 24th, in the evening, two per- sons were robbed near Brookstreet, by a foot- pad, who took from one about 7s. and from the other about £ 8, with which he decamped. The effects of the storm on Wednesday even- ing last, at Clugwell Smeally, in this county, were such as to exceed any in the remembrance of ihe inhabitants : iu the short period of a quar- ter of an hour, the water iu some of the farm- yards rose to the height of several feet, descend- ing like a cataract; the thunder was so tremen- dous as to occasion the shaking of the windows, and greatly alarmed the inhabitants. The waters were much higher than at the extraordinary flood that attended the thaw during the last winter. The effects of the storm were also felt with par. ticuLar violence in Chipping Ongar, where the waters rose with uncommon rapidity. The tan vats of Mr. Ross, of that place, were blown up, and the family in the dwelling. house were com- pelled to more up stairs to escape the fury of- the rushing flood. Seventeen bullocks and a cow were drowned in some low pasturage in the pa. rish of Knavestock, by the torrents of water almost momentarily produced by the same tre- mendous storm. On Sunday morning, Wm. Groves, assistant ostler at the Dolphin, in this town, was found dead, by the watchman, in Mr. Palmer's yard. He had been ill about a month. Ou Wednesday evening the Right Hon. Lord Ellenborougb and the Chief Baron of Ihe Exchequer ar- rived IU this town, aud immediately proceeded to the Shire hall, lo open the Commission of Atsize. Thursday morning, their Lordships attended divine service, when a very suitable discourse was delivered by the Sheriffs chaplain, from lst. Timothy, chap. iv. verse 15:— after which their Lordships repaired to the bench, and com- menced business— Lord Ellenborough, on the criminal side, delivered a most impressive, dignified aud affecting charge to the Grand Jury, ( of which Lord Henniker was foreman) IU tbe following words : u Gentlemen of the Grand Jury, " Upon looking iuto the catalogue of crimes that lies before you, 1 cannot but feci a degree of satisfaction, which 1 participate in common with you, in finding that the most heinous ot the offences that are marked in this calendar, are offences not committed by persons solely resident among you, but by persons who have bceu brought here by casual cireumstauces 1 herefore the greater portion of your ti me will be directed to the consideration of the crimes of stran- gers, than to the misdemeanors of pei sons of more fixed residence. That whicb the magistrate, by his vigilance and attention, cannot in the first instance prevent, recourse mu » i ueccsaanly be bad to the application of those crimi- nal puuuluneiits provided by the laws. This process must oe accomplished by tbe examination of the charge* im- putt d to the offender, by you, in the first iustance, and bv i more detailed and deliberate consideration of them by nother Jury,( bclore the execution of the law can take place — I u the examination of tbe Crimea which will be laid bet,. re you, it is ouly necessary to advert to one circuni- daucej that is, that if the party accused, shall not have beeu disturbed in the commission of the crime with which tie is charged; or if there is sufficient ground for believing that be luteuded to cffect the offence, it is enough to war- rant you in sending the matter for examination to the more delibciative tribunal. There are very few crimes in tins list that are of a peculiar nature, or that do not ordi- narily occur umongst mankind Explanation or sugges- tions with respect to the duties devolving ou you, would therefore be superfluous. " there is one crime, however, deserving your most par- ticular attention ; it it that of maliciously killing a mare, which is an oflence of a description which comes under the provisions of the Black Act. But, however, it is necessary to apprize you, that unless it shall be proved that the offence v. as committed through malice to the owner of the animal, ii not as the result of unnecessary punishment and inhuman cruelty towards the mare, it will not come strictly within tbe meaning of that law. If, however, such a mali- cious intent cannot be brought home lo the prisoner, but that the crime shall be proved to have been committed in open day, and IU sncb a situatiou, and at such a time, that it is a violation of pnblic morals, and an art contra bonos liTn 11 be'co « n<' you*- dn « y to prevent it onlv at such — 1 here is another case iu tbe calendar, namely that ofa cnarge of murder, committed under circumstances• wholly unaccountable, which will also require vonr parti- juUr observ » uce- It ia nerr., ary lo inform v , Uf , Ur, „.,. killing ofa taaa is prima facit murder, and it is incumbent on the party accused with such a crime to show that the act was committed under circumstances other than those' which an called malicious, before he can claim an acquit- al from a Jury of so capital an offence. I mo ml » » are tb^ t there are any other crime* I., tbe Cal. « « la « whirl. Call ft'r pal tii ni j. i. bsl rvatico, and ll. nl is the pi mi ipal vlijecl for » hich it Iteeouics inv duty to address YOU. It is IIIUH ce> sary, Oh this Occasion, to irt-* pe « *, lo a.. y length, upon your time; I shall not, therefore, detain you any luBM from the c « « rcise of yowr duty, w h* l « I » ure yon will discharge with equal satisfaction to yourselves, and benefit to your country. The following is a list of the prisoners, with the result of their trials:— Joseph Bowtell, and Isaac Bowtell.— The former charged with felouiously stealing oue quarter of wheat, the proper- ty of Hannah Franklyn, spinster; and the latter, with fe- loniously receiving the same, knowing it to be stolen.— The said Joseph BoWtell died in gaol the 9d June, 1809).— Discharged by proclamation. George Nelson, charged on the oath of Elizabeth the wife of James Pool, of Brentwood, with having assaulted, ravished, and carnally known her against her WILL.— Death-— reprieved. George Tyser, Richard Holt, and Charles Flowers, charged for suspicion of felony, in stealing a quantity of oats, the property of Samuel Wild, Esq. of Theydon Hall, in this county.— Bill not found against the former— the tin latter acquitted.' Daniel Kidney, changed with feloniously killing and slaying John Moratt.— Fined It. and imprisoned I month. John Elmer, charged with having killed a mare, the properly of Sir William Rowley, Bart, to whom the said John Elmer was at that time servant.— Bill not found. Paul Wheatley, charged with felony, in stealing nine shirts, three pair of stockings, and eight combs, the pro- perty of his Majesty and Lieut. Edward Stanley, of the corps of Artillery Drivers, and which charge the said Paul Wheatley hath confessed— Sevcn years transportation. John Frederick Maynard, Charged with stealing en ewe lamb, the property of Mary Maynard, Theydon Bois, In this county.— Death.— reprieved. Joseph Smith, charged with breaking into the dwelling- house of Joseph Beckwith, the King's Head Inn, in Great Coggeshall, in this countv.— Remains till next Assizes. James Goodwin, charged with having violently assaulted Ann Taylor, a female child, aged six years, or there- abouts, at Bocking, in this county, with an intent carnal- ly to know her.— Publicly whipped, and 2 years in gaol. Benjamin Dorrington, charged on a violent suspicion of felony, in stealing fiVe oue- pound Bank of England notes, the property of Henry Aylett, of Havering.—~ Seven years transportation. Martha Towe, charged with feloniously stealing nine Guineas in gold, the property of Thomas Kinsey, of Thundersley Death—- reprieved. Robert Shaw, Benjamin Falkner, G. Cook, the elder, and G. Cook, the younger, charged with having, at Barking, in this county, feloniously taken and carried awny divers flecces of wool, the property of Joseph Cuff.— Bills not found. T. Cartwright, charged on suspicion of felony, in steal- ing seventeen shirts, two pair of shoe?, and eleven stock- ing, value 4" s. the property of his Majesty and Lieut. Edward Stanley, of tbe corps of Artillery Drivers.— Twehe months House of Correctinn. John Ryan, Michael Purcell, Thomas Brown, charged with having ravished and carnally known Susannah Hall, of Weeley, against her will.— The former Death Bills not found against the two latter. Thomas Gale, Robert Simmon » , and Henry Cook, brought by Habeas Corpus from Surrey, 18th June, 1809, charged with having burglariously broke and entered tbe dwelling house of Thomas Stavers, at Thundersley, in this county, and stealing therein a silver punch- ladle, c pair of boots, six silver tea- spoons, and divers other articlcs, his property. Death.— the former reprieved. William Clements, and Waller Clements, brought by Ha- beas Corpus from Surrey, luth June, 1809, charged with having broke open the dwelling house of John Burley, at Dagenhamd, in this county.— Death— the former reprieved. William Shadbolt, alias Hemmings, charged as an accom- plice in the above burglaries, and admitted King's evi- dence. To be removed to Surry. John Tierney, charged with the wilful murder of Samuel Watkinson.— Death.' Charles Hatch, charged wilh stealing a coat, and waist- coat, & c. the property- of Jeffery Wash, of Colne Wake.— Six months House of Correction. Joseph Tween, charged w ith having broken open a house, and feloniously stealing and taken nwny two scythes, the property of John Skeggs, of Margaret Roothing. Ac quitted. John Bellars and Mary Gibson, charged with felonionsly' uttering and publishing, as true, at Romford, a counter- feit bank- note of the value of £ 1— Fourteen years trans-- portation. James Gardiner, charged with sheep- stealing.— Death John Turner, charged with sheep- stealing— Evidence for the Crown— discharged. Samuel Wilson, charged with sheep- stealing — Acquitted. John Buckle, alias Buckel, charged with sheep- stealing. Death— reprieved. Charles White, charged with horse- stealing.— Acquitted. John Tierney, the unfortunate man who was left for immediate execution, suffered this morn- ing, pursuant to his sentence. He was attended on the fatal drop by a Roman Catholic Priest, and spent a few minutes in prayer. He had persisted from the time of his condemnation to his quitting the cell, that he was innocent, and at the instant when the bolt was drawn out to let the drop fall, the unhappy man exclaimed.. " I would have all young men take warning by my sad fate. . I die innocent /" The greater part of the Nisi Prius causes possessed so little interest, that we consider it unnecessary to detail them. We subjoin one or two of the most interesting. In the cause, Bourne, v. Hammond, for a trespass ; in which the plaintiff, a poor man, and tenant to the defea- daut, sought to recover damages for a trespass on his own premises; the Lord Chief Baron, in summing up, con- veyed the strongest censure on the defendent's conduct, iu the following terms. This cruel landlord— this ruffian defendant has exerted himself to carry into execution what no man or christian would have attempted. A poor man is deprived of the enjoyment of his garden nnd trees, robbed of the pleasure of sitting under his weeping willow, and plucking a flower from his lilac. Il is scarcely neces. sary to say that the plaintiff obtained a verdict — Da- mages 200l. JARVIS b. Brown. Mr. Garrow said this action was brought liy the plain- tiff, to recover n compensation for the injury done to. his wheat and clover by the defendant's cattle. The de- fendant, although a very rich man kept his farm at Top- pesfield, aud in a neighbouring parish in such a state, in to be a perfect nuisance to the surrounding farmers. Every wind lhat blew from Heaven carried with it into their grounds, the seeds of every species of weed in whole torrents- His fences were in so bad a state, that his starving cattle following the order of nature, made their way through them to the better pasture of his neighbours, and the plaintiff, nfter repeatedly driving off every kind of quadruped which a farm affords, was obliged to brin„ thin action to obtaiu compensation for tbe past, and sccu rily for tbe future. The defendant's cattle, hogs, sheep' oxen and horses, had by repeated trespasses destroyed' 3o acres of wheat, aud loof clover, belonging to tbe plaiu- tiff. The damages were laid but at lool. but if the Jury gave the whole of that money, tbey would still have to. regret that they had it not in their power to do more com- plete justice by" giving double or treble that sum. Several witnesses proved the most material of these facts. Mr. Serjeant Onslow noticed the overcharged colours in which Mr. Garrow had depicted the conduct of the defendant, and complained of the pleadings, which by extending the trespasses to various days and times, put it out of his client s power to make a complete defence. The Jury found a verdict for tbe plaintiff, damages 50]. HARVEY c. ANDREWS. This cause which lias so much attracted tbe attention of the public, and which was to have been tried . t oui last Assizes, when the record was withdrawn, came on again to be tried on Saturday momin;, before a special Jury, when only 8 gentlemen appearing in the box, th. plaintiff refused to supply the remaining 4 from the com own Jury list, which is generally done on such occasions ( at it seldom happens a full special Jury attends the cause suddenly went off to the no small disappointment of a number of persons, whose curiosity had brought them twice to tbe Assizes, for the purpose of hearing it. RUDKIN . v SHELLEY. This was an action of debt or bond against the defend- ant as the heir at law of his father, in which tbe plaintiff who is a trustee for Mrs. Shelley, the widow and mother in- law of the defendant sought to recover the value of an annuity of ,1. per ann. for her life, which tbe defendant's father, on his marriage in the year 1793,, agreed to leave her j and likewise for the payment of 1ool. which thea fa- ther bound himself and his heirs to pay within 6 months after his decease— This cause was of no importance other wise than as we understand, it gave rise to the action of Harvey against Andrew, the attornies in llie cause relative to An undertaking, the former had given for settling the cause a few days previously to our last summer assizes, and which has since been lost. The execution of tbe bond by the defendant's father, aud his death being proved a verdict was given for the plaintiff HOULCOTT V. WINMILL InCLosure on epping ForesT. This WaS an action of trespass for pulling down the fences of the Plaintiff. The defendant justified, as hav- ing a right of common in the place inclosed, and the Plain- tiff in reply insisted thai l. c had a right lo inclose by the leave of Ihe Lord of the Mni. oi, and the Consent of the Homage, hoil> of which he had ohlaiued according lo tha custom of the Manor. The def ndant, in reply to this, pleaded, that there was no such custom within the manort The Lord Chief Baron declared, that it was a new point of law to him, whether a right of inclosure could exist in the Royal Forest, and he wished the opinion of the Court l « i be taken on It, as he could not Undertake to decide it with the little consideration he then had means of giving il in the bustle of an assize; but with respect to custom, he lefl it to the Jury to say, whether they thought, from tbe instances produced, it existed or not. The Jury said, they found it had been the custom, but they gave uo opinion on tbe right.— Verdict for the Plain- till— Damages one shilling. LORD MAYNARD v. WILDMAN. This was au action of trespass, for cutting down trees. The question was a boundary of copyhold — The Court spent several hours in examining old witnesses, and at length the Jury found for the Plaintiff, thereby determin- ing the spot in qucstion to be within the bounds of tli* Plaintiffs manor. kEMP v. FILEwooD. In this case the Defendant is Rector of Sible Heding- ham, in this county, who has for several years lived in a state of civil war, or what is as had, of civil law with the parish, respecting the tythes. The present case was tried at the last Summer Assizes for this county, and now cams for a second trial. It was an action of trespass for not taking away tythes after they were set out. The Defen- dant refused' on the ground that he had not proper notice, in as much as by the custom of the parish he was entitled to notice, in garden tythes, the night before, for the next morning, and before six in the morning for the same day. After several witness* s were examined, as to the custom. The Lord Chief Baron observed, that by the common law no notice was necsssary, and that it could only be done by a special custom, and gave it as his decided opinion that the evidence adduced did not satisfactorily prove th « existence of such an ancient custom in Sible Hedingham. The Jury therefore found for the Plaintiff'. CHELMSFORD, Aug. I, 1809. NOTICE is hereby given, that the Partnership lately subsisting under the firm of RICHARD MARSHALL, nnd THOMAS ROBINSON. of Romford, and ROBERT HENRY KELHAM, of Chelmsford, in the County of Essex, Printers, at the County Press, in the said Town, is this day dissolved by mutual consent. RICHARD MARSHALL. ( Signed) THOMAS ROBINSON. ROBERT HENRY KELHAM. MESSRS. MARSHALL, ROBINSON, & KElhAM, Jun. Printers, at the County Press, Chelmsford, Essex, respectfully inform the public, that some of the firm being about to engage in another concern. the " Essex Union" Newspaper will, till further notice, be " printed and published ( for the Proprietors J by Mr. R. H. Kelham" only, together with the general Printing Business, at the County Press, Chelmsford — All persons who have any claim or demand 0n the above firm, are desired to send in the same to Mr. R. H. K immediately; and all persons who stand indebted to the said firm, are requested te pay their respective debts to Mr. R. H. K. forthwith. Chelmsford, Aug. 1, 1809. MARSHALL and ROBINSON, Letter- Press and Copper- Plate Printers, Engravers, & c. Essex Press, Romford, avail themselves of the present opportunity to return their most grateful acknowledgments for past fa- vors, and respectfully solicit a continuance of that liberal support which has produced impressions ou their minds at once inexpressible and indelible. M. and R. having laid iu a new assortment of types of the most choice selection, arc enabled to produce book- work in the nectest style and willi the utmost dispatch. N. B. Club articles, pamphlets, and Jobs of every de- scription at the shortest notice, and at the London prices. COLCHESTER, ESSEX. TO BE SOLD BY AUCTION, BY HAWES AND FENTON, By order of Mr. James Purkiss, the proprietor, in his wheelright yard, near the Prince of Wales, in the parish of St. Giles's, Colchester, Essex, on Thursday, the loth day of August, 1809. ALARGE quantity of Slabs, Scantlings, Top Ends, Listings, Loading Carts, Tax do., Water do., and Iron Arms, of various sizes. Catalogues of which may be had of Mr. Purkiss, on tli* premises, or of the Auctioneers, Colchester. Sale to begin at 10 o'Clock. To Liquor Merchants, Brewers, and others, TO BE SOLD BY AUCTION, BY JOHN COX, ( Unless disposed of by private contract, of which due notice will be given) between the hours of twelve and one, ou Monday, August 7th, ou the premises, ALL that desirable good- accustomed INN and PUBLIC HOUSE, the SWAN, at Sible Hedingham, now in the occupation of Mr. Benjamin Watkinson, the proprietor. The house is in most complete repair, with a new elected brick and sash front, and comprises, on the basement, three commodious parlours, a good tap- room, large bar, with store- room adjoining, and wine cellar kit then, constantly supplied with a running spring of fine water: pantries, cellerage for two hundred hogsheads- The chambers are numerous, nnd well fitted up, \ uib at- ties over them. Attached to the cellar is 0 convenient brewhimse, with mult and corn chambers; brick stabling for twenty- four horses, large hop- kiln, recently built, with chamber over the above, chasie house, and rich large garden, in part walled in, well planted. The premises o'ra freehold, 111 most complete repair; supplied with pump and spring water, and boast as extensive a trade as rout houses between london and Norwich. Particulars, wilh Conditions of sale, muv be had at Crown, Sudbury; Place of sale; White Hart, Bocking- & CupS Colchester. Persons desirons of treating by private contract, are requested to apply personally, or by letters, post- paid, to Mr. Watkinson, ou tbe premises, or to lh » Auctioneer, Clare, Suffolk. * » • The purchaser may be accommodated with three, acres of rich pasture grouud, on lease. $) ortry. A CAPPRICIO. REGAL pomp and sceptr'd cart, Purple robes aud beds of down ; Glittering baubles, choice and rare, Wait on him that wears a crown- Regal pomp and sccptr'd care. Pnrple robes and beds of down Bring no balm to soothe the breast; Smooth not stern misfortune's frown, Make no care- worn victim blest— Purple robes and beds of down. Glittering baubles, choice and rare Cannot case a bursting heart; Cannot drown obtruding care, Cannot blunt affliction's smart- Glittering baubles, choice and rare. Man will ofl a crown to gain Every stormy whirlwind brave! Brave disease, fatigue and pain! Dare the midnight murd'rer's glare!— Man will oft a crown to gain. Regal pomp and sceptr'd care Are but trifles light as wind ; I would give such baubles rare For one moment's peace of mind! _____ GO. JOLDING. TRUTH AND GALLANTRY. YOUNG STRepHON, ravish'd by a smile From CHLOE, in a public placc, Exclaims, in true theatric style, " Nature ne'er formed so fair a face." The fool, by chance, was in the right— Twas patches, paint, and candle- light! A PUN. " SuRE never," cries a shivering blade, " Such wint'ry weather I remember; " The Seasons some mistake have made, " And give not Summer, hut December." Bnt when to warm his chilly frame, He seized and swallowed off a rummer } When swallow after swallow came, He owned, with ruby- blushing shame, The Seasons were not much to blame— For many swallows made a summer! THE ECONOMY OF GOOD BREEDING iT WATERING PLACES. Rule the First.— Whenever yon walk Over the Montpelier of Cheltenham, tlie Steyne at Brighton, the Esplanade at Weymonth, the Crescent at Bath, or the Terrece Southend, be very particular in letting the corner of your handkerchief hangout of your pocket. There is an air of careless dignity in exposing a good kerchief, which is not to be directly obtained by any other method ; besides, it clearly proves that yon are actually in possession of one. N. B. This ostentatious irregularily must cease at night, otherwise the erratic conveyancers ( vulgarly ycleped pickpockets) might make a silent transfer of your Barcelona flag, to your great personal inconvenience. Rule the Second When you see a carriage pass with a. coronet on the armorial bearings,, you mnst affect to look into it with great solici- tude, and eventually make a bow slightly, if it is occupied by Gentlemen, but profoundly, if there are Ladies. Many of our young men have claimed an intimacy with the whole galaxy of fashion, upon premises no better established than these. . N. B. You must let the carriage pass before the salute occurs otherwise some prying assi- duities might lead to an aukward eclaircissement. Rule the Third If you should be permit- ted to domesticate in a stylish Boarding- house, where two or three small heiresses may be on the establishment, do not neglect to have a Peer or a Baronet continually in your month. Af- fect to curse that wicked dog Lord Slang, who spilt you from his curricle at Newmarket, when Skyscraper was winning hollow at Ditch- in, and, by the way of episode, complain of an in- tolerable head- ache, arising from a debauch at which you never were. Swear that my Lord Duke's champagne was not of la premiere qua. lite, and that you would not positively drink a bottle more of such cursed beverage, to gain the principality of Monaco. This burst of folly may give you an air of supreme importance with the younger part of the Ladies, especially if they should be rustically educated, and unused to the flourishes of imposition. Rule the Fourth— Never affect to deal in fragments of Greek, Latin, Italian, or French, unless ( which is a rara avis) you should be thoroughly conversant with those languages, as it is a very dangerous precipice to walk round ; for though every blockhead has the ability to put on a good coat, it is utterly impossible to as- sume refined language, unless you have been duly graduated ; and no affectation or effrontery can bring you off in that case, if you should happen to be confronted by un homme seuvant. N. B. Those who cannot swim should never venture out of their depth. A duel, the result of which it is feared will prove fatal to Major S , of Nottingham- street, was fought betwixt that gentleman and a Mr. Sneath, at Crawley Common, on Tuesday, and . in the second fire the Major received a wound on the left side, which it is feared will prove mortal, although the ball did not lodge. The combatants met in consequence of a dispute 0n Brighton race- course, on Monday, respect- ing a trifling bet, each having claimed the win- ning horse, and- the consequence was a menace with a horse- whip on Mr. Sneath.' The wound- ed man was removed in a post chaise to a house two miles from the common, where every assis- tance is rendered him. Awful Catastrophe.— On Tuesday night a shocking accident occurred to Miss S. Beville, at her mother's house, Winfred- green, near Colnbrook. Mr. B. had entertained a party of friends in the evening, and after they had re- tired, a violent shriek was heard on the sccond floor, and on one of the servants going up, it was discovered that the unfortunate Miss Beville was locked in the water- closet, which was apparently on fire. The door was immediately forced open, and a shocking scene presented itself, the young lady having, as it was supposed, set fire to her garments, which were burnt off her back. She was senseless, and was burnt so dreadfully that she survived only two hours. The deceased was 25 years of age, and on the point of marriage to a gentleman in Hoare- street. TRIAL OF LORD GAMBIER. SECOND DAy, THURSBAY, jvlt 07. [ Lord Cochrane's Examination continued.] Q. Did it appear to your Lordship thai any unnecessary delay occurred from day- light in the morning of tbc 12th of April, when yon made signals to the Coininander- iu- Chief that half the fleet could destroy the enemy's ships, that seven were aground, & c. ?— A. 11 hen 1 expressed my signal to the Commander- in- Chief, shortly after day- light in the morning, that part of the British licet was able to eft'eel the destruction of the enemy, there being then only too sail of the enemy's ships capable in any degree to resist an attack, 1 did cxpect thai KU endeavour would have beeu immediately made to dislodge these two ship from the siluatiou in which they were lying, by an attack by two or three sail of the line, which were quite suffi- cient for that purpose. The tide and wind were, from t> to is o'clock, both going the same way, and ships of the liue, by passiug near to the Buoyart, " and putting their helm n- lecj would have brought tlicir heads, their fore and main top- sails being to the mast, towards the IS. E. which would have enabled them at a distance, at which the shot of the enemy woul. t have been of no effect, to have brought all their guns to bear upon the enemy's two ships, which still remained at anchor until they upproached them, or uutil so far to leeward, that they would have been enahled, by putting their helms up, to ruu uuder their sterns, between them aud the ahips ashore, and thereby force them to cut and ran aground likewise, aud then cll'ert both their destruction and the destruction of the other vessels which were ou shore, aud which I have already stated might have been destroyed by the endea- vours, in my opinion, of two kail of the line, aided by the frigates, at any period, previous to half part eleven o'clock in the forenoon of the ljth of April, and by the frigates alone, before one o'clock, wheu the French three decker swung to ber hawsers, aud when the last of their ships began to float ( I speak of the linc- of- battlc- ships, some of the frigates did not float); for the two ships which had remained at auchnr, cut on the approach of the British fleet, had also grounded, there uot being even then, at half- tide, that is lo say at o'clock, water for them to effect their escape up the middle of the CLauoel leading to the River Charm te. CI- ( By the President) What were the circumstances that iuduced your Lordship to believe, that from u o'clock till one, the frigates alone were capable of de- stroying the enemy's ships?— A. From ihe helpless situa- tion of the enemy, they being agrouud, and the same con- victiou which lea me afterwards lo consider the risque in atlemptiug il exceedingly small. Q. ( By tlie President.) If in your Lordship's judgment the frigates alone were sufficient to effect the destruction of Ihe enemy's ships between balf- p. ist eleven and why might tbey uol as well have performed thaisei.... between any period of tbe morniug aud half- past eleven o'clock'— A. At eleven o'clock the British fleet weighed and stood towards tbc enemy, whereupon their ships, which continued still at anchor, cut aud run aground. Tbc British fleet brought up about half- past eleven o'clock. I was ignorant what my Lord Gambler's plans might he ; aud though ] concluded th? t the fires for cook- ing had long previously been out, yet I imagined that this, 1 uicau the nuchoragt, might puviibly have been to give the Ecameu something to eat previously to goiug into action; aud though 1 regretted the time that appeared ii my mind lo have bceu already lost, as well as what wi were evidently losing by eviu bait an hour's delay in making some kind of uu attack by a couple of sail of the line, or by the frigates only, yet 1 consoled myself in the supposition, that his l- ordship intended a grand blow on the island and on the ships at once j although I thought this neither necessary in order lo efleet tbeirdestruction, nor prudent to the whole fleet. I could not in any other way account for a proceeding that thus enabled the help- less French ships to endeavour their escape, undisturbed, into the river Chareute. Twelve o'clock arrived, no signal was made, half- past 12, still uo signal Admiral Young, ouc of the Court —• This is highly im- proper, uor can il be in any wny an - answer to the question. The question is simply— you say a destruction might have been effected at onetime, why might it not at another? And your opiuion of the whole conduct of Lord Gambler is ) have no relevancy to this, lt is nothing but seeking lo excite an unfavourable opinion against tbe prisoner.' Lord Cochrane replied, that what he said, Has, in his opiuion relevant; and though, that until tbe Court heard the whole they could form uo opinion of his relevancy. If, when tbey had heard the whole, they should still be of their present opinion, then his Lordship's answer might be expunged ; but at present the questions were propounded t » y a person who knew1" nothing of the cir- cumstances, and his Lordship was bound lo speak the whole truth, and would do it. Admiral Young.—" Lord Cochrane, you are bound to give a direct auswer to the question." The President, who had before interrupted Lord Coch- raue's narrative as irrelevant, thought that uow the Court ought io hear his whole auswer, and determine upon its » . velancy afterwards. The Court was Iheu cleared for further discussion. In a short time we were re- admitted, aud the President in- formed Lord Cochrane, that the court had determined to hear him lo, the end of his presiut answer; but intreated him iu future lo confine his answers as much as possible to the question!. The President alsn thought it his duty to notice an expression which had fallen from tbc noble Lord, who had talked about the ignorance of the propouudcr of the questions. The Solicitor to the Admiralty might not be a nautical man, but as au officer whom the Crown employed, he was not lo he subjected to such epithets as ignorant, lt did so happen, however, that it was the Pres. dint himself, who had proposed the r- stion, which had immediately called forth his Lord- ship's censurc. Lord Cochrane explained, aud his examination pro- ceeded as follows : 1 ordered the cables to l> c hove taught up and (' own : the Etna bomb pa- sed ; 1 enquired by hailing, if any attack was intended lo DC made on the enemy, and was inswered by the captain, that he was directed to bombard he enemy. 1 think there was a brig with him. 1 de- sired bim to go clone, and immediately liovc anchor to the hows. The impression upon iny mind was, having seen uo signal made to indicate an allock, that no further attack, except that by throwing shells, was intended. The Calcutta, Varcovie, nud most of the other ships, were pressing still to force them on towards the Charent •, and out of our reach. The Imperieuse, though we did not commence to fire upon the enemy until two o clock, was then wholly iu time by firing npou the Calcutta, lo cutaway, or to cause them to break from the contusion, into which thev were thrown. The same cause, that is the confusion, of the enemy, forccd Ihe Varsovie on shore, and thereby prevented the escape of these two ships, which were the last, with the exception of the Aquilon, which vessel, though near, was a little further np. an. they oti board Ihe Aqnilon even ill such coufunOn that 1*. wi. « upwards of an hour before they could get oue single gu » out of the stern ports- of that vessel. The whole of the enemy's ships of w ar were at two'b'clock in the po- sition shewn in chart No. 3, which I shall present to tbe court, and the British fleet are tb< re pnl down a » they appeared from Ihe Impcrieuse, from the anchorage which she took up, and in which aucliorage she continued until one o'clock, close to the Buoyart shoal, just within the longest drop of shell-.. The Aquilon, though nearest, did not fire ai ull. The reasons, if there any, why the frigates mighl uot, previous to the hour of holt past eleven,| have attacked the enemy, will be fouud iu Ihe preceding narration : wherein it appears, that two sail of the line continued at anchor until the hour of half past eleven; which two ships, it appeared to my mind, it would hare been better to attack, by opposing to them two or three sail of the line, instead of a greater number of frigates ; although it was my opinion, that the frigates themselves would have been quite equal to the task. The enemy's two whips were employed during the whole of the morning attempting to get their masts un ; which, in the course of six hours, from day- light iu the morning, I do not think they hud quite effected at the time that they made sail on the approach of the British fleet, and ran aground in the middle of the Channel, leading to the Chare lite. 1 think, in about half an hour after, the Bri- tish fleet anchored. This gave rise to my opiuion, that they were not in a state to fight. Q. It being stated in the" log- book of the Imperieuue that at 4 p. m. of the I3th of April, a signal was made to the in- shore squadron to work out the ebb- tide, and not water for the bomb to lay, and it beiug noted in the log- book of the 1 mpcrieusc that on the same afternoon your Lordship answered a signal of rccal, and il not appeariug in the log- book of the Caledonia that auy such signal was made, state whether such signal was made, and whe- ther the iu- sbore sqnsdron caine oat in consequence thereof, aud what wus the purport of the telegraphic sig- nal you made?— A. On the morning of the l- lh of April, the ships of the line, o- teoftbcin bearing ihe flag of Ad- miral Stopford, . » cigh » d and worked out of the inner an- chorage, by orders, to the best of my belief, from Admiral Stopford, whose shin shewed some lights, which 1 under- stood was a signal tor that purpose to the line- of- battle ships, most ot those having continued at low water in s; tnations in which it was known by the chart that tlici w- s not enough. The signal of recal was reported to me to have been made by tbe Caledonia about four o'clock 1 answered by telegraphic signal, that the enemy could he destroyed, and I was further confirmed in this opinion by a demi- official letter, which 1 bold in my hand, directed upon service to me by his Lordship, ordering out ihi Imperieuse, together with the bomb, and dated on tbe 13th, written to the best of my belief in his Lordship's own hand, which 1 beg may be reud to the court. The letter was then read : " My Dear Lord, " Caledonia, April 13, IW19. " Yon have done your part so admirably, thai 1 will not suffer you to tarnish it by attempting impossibilities. You mukt- lherefore join me as soon as you can with Ihe bomb, & c. as 1 wish to have some iuformatiou from you before I close my dispatches. lara& c. GAM BIER." " P. S. I have ordered three brigs and two bombs to io you in the attempt, but I don't think il will succeed. Ye _ must tome lo u » e wi the turu of the lide, as I waul losend you lo England as soon as possible." To which J replied by ihe followiug letter, also of date the 13th, 4c with which letter I seutn commissioned officer. " My Lord, " Imperieuse. April 1J, Jang. " 1 have just received your Lordship s letter. We cno destroy the enemy's ships on shore, a measure of which I hope you will approve. lam, k. COCHRANE. O11 ihe morning following I also answered the signal of recal, which 1 saw myself made on board the Caledonia by 011 iulerrogatory signal, to know if we should unmoor, by which, without any repetition of the former signal, 1 did ' conclude that his Lordship would have understood what was intended. The signal of rccal was repealed, which was answered by the lmpericuse. We unmoored. hov< short, aud as the tide was down, were permitted by hi: Lordship lo remain uatil the ebb tide began to act, audi received the letter, w hich I hold in my hand, from hit. Lordship, directing me to proceed to the outer anchoragc, and stating, that Captain Wolfe was to relieve me iu tV service. The letter was dated on the 13th, hut itcamct> me on the l- tth. ou , which day 1 believe it was written. [ Tbe letter was here read.] On " the 14 th, I am convinced that I did nOt make the signal that the enemy could be destroyed; having the day before conveyed to bis Lord- ship my firm opinion upon the subject, both by sigual and by letter, 1 thought a repetition, though I continues of the same way of thinking, would have appeared to hit Lordship disrespectful; 1 therefore made the interroga- tory sigual, " shall we unmoor?" conceiving his Lordship would understand it, and w as answered iu the affirmative, as I think, by the cirection to weigu. Q. lt appearing, by the log- bupk of the Imp? ri' « se. that at three o'clock p. m. the Etna, with brigs in com pany, was bombardiug the enemy's ships in the Chare lite, when were they withdrawn from that seivicc, and by whose orders ?— A. 1 ceot them in to bombard the enemy; 1 be- lieve they came out after the Imperiuse had weighed, and the • had takeu her anchorage. The day before 1 told them to come out ou the ebb- tide ; but they did so 0 little after high water. Q. In yoiir Lordship's letter to Mr. Pole, in answer to his letter requesting you to point out to the Lords of the Admiralty your grounds for objecting to t lit vote of thanks of Parliameut, you referred laeir Lordships generally to the log; you ore requested lo state, whether you meant to draw their Lordships' attention to more than the do- cument)) uow stated, and on which you have giveu your sentiments ?— A. Their Lordships having desired me to explain my reasons, 1 referred their Lordships to the logs and signal lugs of the squadron; considering those, un- dff'rtery circumstance, the best sources wiience their lordships might possibly derive information. Il wes uot inv desire, unless I had been pressed, to have drawn their Lordships' attention to ouy part of these, or any other docnmtnls. I considered the affair in Basque Roads, in every respect ns past, aud, whatever my opinion might have been, incapable of all rtmedy. Had it been a matter in which the future interests of my country were in- volved, 1 should not have hesitated one moment in calling thesir attention to every part of these documcntK, and of auy others which 1 might potsesi. I have now alio tocallthe attention of the court, that had the frigates in the morn- ' ig of the 13th, instead of leaving the inner anchoragc, in company with ships of the line, remained there, full op- portunity ollcrtd that day to destroy several sail of the enemy which were not out of reach of vessels properly placed, ot proper times of tide, or of smaller veiscls, du- ring every part of the tide; and I see 110 canse to alter my opinion. I have also to call the nttention of the court to tbe circumstance that Captain Seymour, of the Pallas, hailed iu passing the Imperieuse, to know if he should re- main in ttit Liner anchorage, and was directed by me to do so, if he hud uo orders to act otherw ise: for 1 did ima- gine it possible though not at all likely,' that the signal of ncal had been made without our seeing it. The bomb and brigs seciug the Imperieuse at anchor, and the Pallas bringing up, anchored likewise, where we lay out of shot or • hcllm sj fathoms water, nt the dead of ebb, then being sprinc- tidc, and there was anchorage ns 1 linvc al- ready stated, for nt least 6 sail of the line. I wish also to call the attention of the Court to my reowon, after the Im- perieuse was refit ted on the eveuing of the 13th, nnd nftcr the receipt of the letter marked A, for not duriug the even- - jg of that day, or in the morning previous to the second . jgnal of rccal being made, for not having, with that ship and the Pallts, attacked the enemy, that I felt, ofterthc letter alluded 10, expressing my opinion with Lord Gnm- bicr, and the ether Captains who had come from the inner anchorage, that every heavy responsibility would lay on my shoulders in case of any disaster, which, in military operations, ore sometimes unavoidable. I think tlicrcta nothing further which I immediately recollect, cxcept the orders gire. n by Captain Wolfe, who superseded inc in the inner anchorage, with full powers, by any means to effect the destruction of the enemy. The order WHS dnted al » o by mistake f I believe) the I3tli of April, but actually given on the 1- lth. The order wns shewn so to me ou the kth by Captnin Wolfe, who on that day superseded ine. Q. ( By the President) When did your Lordship first dis- . jver thnl in the iuncr road of Aix there wes anchorage sufficiently capacious to contain six soil of the line, lo ride without being in range of nhot or shells ?— A. I had heeu in possession of the French charts, which 1 had not fouud defective in any material point, for a period of y cms; and from these charts 1 have at all times drawn my con- clusions, with respect lo the depth ot Ihc water, or oilier rircnmslsEces vbieh relnlc to r. nTigation « j. cn the ene- 1 niy'a coasU, and on which, in this case as in all othrrs, I placed my dependence. 1 went iu ; on the way I found them correct. 1 k.. ew by the chart, thai when in pursuit of the Calcutta, 1 was to find a bank; we found it, and unr. horcd upon it; and this 1 did, knowing whet 2 was about. 1 have said, that I found the aoucdinga correct upon my track close by the Buoyart, aud in fad I bad confidence iu the chart, hj which it lis long appeared to me that this anchorage inigbt, if any object w t it in view, be taken. U. In the chart which your Lordship consulted upon this occasion, are the soundings ao mailed in it as to af. ford aspace for six sail oftbeliue, not within range of shot and shells'— A. That conviction is upon my mind; but by referring lo the chart, which is exactly the same a* others which have been iu my possession, these souudiugs arc marked; but the court cau, by referring thereto, de- cide the question. Q. When you found by cxperieuce, upon going into Aix roads, by tlie soundings w hich you found, tliet the sound- ings in the chart which you made use of were correctly set down, nnd that from thencc you drew a conclusion thai there was safe anchoragc fur six sail of the line, did you make auy communication of that important information to the Commander in Chief?— A. The Commander Chief had the same charts, I believe, as I was iu posses- sion of, upon which, as 1 have already stated, I formed mv conclusions with respect to the anchorage above nlludtd to. He had- aho French pilots on buard, on whose re- ports, f.' cn previous cxperiince, I knew tl. e CYmmar. der- 111 Chief to rely above all oilier authority. On reconnoi- tring the fleet " the first day, when so near as lo induce the enemy to open afire frum'almoM his whole line, 1 reported to the Commander in Chief the ruinous state of tl. e Isle d'Aix, it having the inner fortifications completely blown up and deitroyed, which I not only n? certaiced from the dcck with perfect precision as to the side towards us ; hut also as to the opposite side from the top of the ship. There were only 13 guus mounted upon that side on v. hieh 1 had formerly seen to the best of mv recolleclior. about SC. In making these obieivations 10 I. i* Loidship, for bi » infor- mation, he stated his perfect reliance upou tbe opinion of tbc pilols, and assured me that tbe Isle d'Aix was exceed- ingly slrong, and that ( I think) il had three tier of guns mounted towards the shipping. 1 then told his Lordship, that the circumstances I hud related, fell wiihin my own observation, which did not alter his Lordship's opinion. I noliced alao the little confidence il. ai was lobe placed iu the opiuion of these pilots: and said lo bis Lordship, as well as to Sir Harry Neale. that 1 never yet had n pilot, particularly a French one, w to did not find a shoal wher ever there was a guu ; and his Loidship, on tbe day of icy- leaving Basque Itoad9, still coutinued of I be same opiuion, notw ithstanding mv ar; « i> rEnccs tlieu that I had had full time to make my observations npou every part of it; and as the w bole of the frigates, with the exception of the Pal- las, had withdrawn, and as it was evidently lo the kcow- hdge of every one of there officers, as well as lo tl. e know- ledge of his Lordship, that those frigpUs might have con- tinued where the lmpcricute aud Pallas theu were. 1 held their being placed in that situation a matter tor l-. is Lordship's decision. I uaturally conceived in my own mind that a. s even these were not ordered back agaiu, his Lordship did not require any iuformuliou of Vvbicli Le was not posscsKed. Q ( By Admiral Young). Can the ships of the line arrive at their anchorage at all times of the tide :— A. By follow- ing the trackwliieh I j' dged best to take iu the linpeviense, that being farthest from the five of the cn< my. 1 do be- lieve as 1 have already stated, that ships of the liae may pass in at any time cl* llie tide. 1 sal upon the netting attending to the lead during the time we were going : it was then high water, and having remarked that the nud fall of the tide was stated iu the French chart U about 10 feet, the impression upou my mind wns, that 1 1 should not with a ship of the line lictitate to go in. 1 , think the impression upon my mind at I he same time was, that at the dead of ebb, which there v. as no uccation to use it, would cot be proper to carry in one cf the largest '• hips. I do not think we had any thing less thau a 40 gun- ship. We passed very close lo Buoym t. 1 think 1 could have throw n a penuy- piccc upou it. Q. All the information your Lordship has oflherisiug and falling of the water was obtained from the charts only, Bud 110I from your own observation ?— A. 1 bad remarked w hen cruizing before upon that coast, the rising and fall ing of the tide, at a place not far dislaut, to be about loor IB feet ot the highest tide; and 1 thought afterwards, w hen the French ships lay aground, that they stood about IS feet. The Aquilon had about lo feet, and it must have beeu at the dead of low water when 1 went ou board of lnr. Q. You have said thot ships of the line might have brought to with their hcada lo the Is. 11 near ILe Buoy- art shoals, and might hai e engeged tho French ships which remained at anchor, wiihuut beinsin ravage of sln- i or shells from the isle of Aix ; wouhJ tbey have been nearer to those ships than they would have been to the isle of Aix?— A. I should uot have thought of bringing any ship's broadside to tbe enemy, when at a distance bo gi- eal as from the isle of Aix to tbe Buoyart; but should have continued upon the same course that ships wuuld do ill goiug to the iuuer anchorage, until the enemy's shot begau to tell; aud then I should have brought the broad- side of the ships lo bear iu the manner betore described,- having their bends towards the IS', and E. or if their shut didnol tell at all, so as materially to injure, I should pro- bably have proceeded to bring the lurboard guns to bear, by pnssiug upon the side oppusitc the isle of Aix, until 1 had placed my ships in such a situation, as not only to capturte or destroy these, but those also which were" ly- ing as iu chart I\ o. 2. The distance was such, that they might lie there for a week, and not be hit tw ice. U. Yon afterwards said that after a time they might put their helms up, and run under the stems of the ships at uuchor, and there eugage bolli those ships aud the ships on shore; was thot tht positiou i: i which any of our ships were at any time placed ?— A. 1 have said ( that is, pro- vided] found it more expedient) that 1 would hnve done so. The Valiant, and several of the ships that joined ihe Imperieuse, about 3 o'clock, P. M. 011 Ihe 12 th April, placed themselves, or rather passed the positiou above alluded to, and went on towards the cud of the shoal, w hicli, in the case stated in the question, w ould uot have been neccssary. Q. Your Lordship having stated that if two or three sail of the line in coming iu had borne close upou the Buoy- art, hud then laid their maiu and fore- topsails aback, nud takeu the tide uuder their lee, so as to have enahled them to hear round and go up to the enemy's two line of buttle ships tlieu afloaL; was there space enough for ouc, two, or three sail of the line lo have takeu up an anchorage, with tven part of their broadsides to bear upou those two ships, w ithout taking ihe ground ? A. 1 did not con- sider the lide under Ihe lee os a point essential to the beariug up. There was sufficient mem, I cau speak with positive certainty, for me iu the Imperieuse, when work- ing out from the position we occupitd, as shewn by chart, No. 3. to tack repeatedly and traverse all the space be- tween the sboal of the Buoyart, and the buoys of the eue- my's ships when they hod anchored in line. I should uot have stood so far towards these buoys bad 1 not seen that thceuciny seemed little inclined to disturb us, which I uot only attributed to the ruinous state of their works, but to their want of pow der and other militury stoi ei, 1 should not have chosen, however, ouy distant staliou, but should probably have brought up alongside of them, and on that side directly opposite tbe iele d'Aix. The three- decker and the other ships which were on shore, two ot which ap- peared to have their masts loclcd together, could have given 110 material disturbance in such a position, and these 3 might have been cot lo piece* or filled Vith water by one 74, had she been sent lo attack them, or even ny u rugate or two, while the two French line of battle- ships were oc- lied at their anchors, as is above supposed. I. The Revenge aud Valiant were sent iulo Aix Roads : were they recalled by signal ?— A. I understood afterwards thai three lights were shewn, which I have lcarot was un order for the ships of tlie line to weigh. « ben I arrived at tbe outer anchorage, I mentioned to my Lord Gam- bier, that ns there could be no jealousy with respect to Ad- liiirnl Stopford, it would be a mutter essential to the ser- vice to send the Admiral in with the frigates and other vessels, which ever his Lordship thought best, us his zeal for the service would accomplish what I considered yet more creditable than auy thing that had been doue. 1 apologized for the freedom which 1 used with his Lord- ship, aud staled thnl I took thut liberty as n friend, f. r it would bn impossible, things remaining ns they were, to prevent & noise Leing. made aboot it m Euglsnd. J " My Lord, you have before orsircd mc: tolpfivcandidly > you, and t have used that fteed^ m f 1 hare no lT desire bul for the tu- i vice of our countryto wliirh Lit Lordship replied, that if I thr « . « blame it » ould app. Hf like arrogating all the merit to myself. I assured l is Lordship that 1 hod uosnch ititeutiuDi an 1 mentioned to him ut Hie surne time, that it was not my desire ig tar._ the dispatches, or to « o id London with Sir Harry on the occasion. Ilis Lordship immediately Hlfr ^ livered to ine en order dirocticg the above. W hru I weighed 1 had Ihd satisfaction to have it re pol led to • thet the signal bad btcn made; fur Admiral Slopfurd ; hut whether to execute the above purpose by the frigates, or other meaus, 1 do notfiyin my u » u knowledge kuow. Admiral Stopford sworn and examined. Ci Having heard the order from the admiralty to Lord Gambur to attark the fleet iu Basque roads, sliite | 0 the Court auy neglect \ chi kuow iu the nilatk of ll. e enemy's ships, or any defect or unnecessary delay on the part'ef his L> rdship, between the 10th March and i; tb April, and whether he ostd every tneaiib in his power to can y into effect the above- mcutior. ed orders :— A. Under all vl. » circumstances of the case, Tiewed in every point of wl. n h I am capable, and piving to the Commander in Chief tb « cxerci> e of that discretion', wbirli'every Commander ia Chief, in execution of measures tors hit h he aloue is re- sponsible, I . lo not think there was any delay or deficiency on the pint of the Commander in Chief, in executing Uj, Service entrusted to Ills Lordship's caie. Q. ( By the Court)- Was the fl.- el in Basque reads on- moored on the day previous to the going in of the fi igatu* — A. Ye » ; the ships were unmoored ou the lltb. Q. Do you know why tbewere onmoorc- d:— A. From* conversation I had with the Commander in Chief before junmooring, I understood it was for the purpose Ofbrinj. ready to lake advantage of any favourable Lircun. ilancc. 1 must alio add, there was some conversation which had no practical etTecl, respecting the £< ct making a shew of getting nn< k- r weigh to deceive the e- n< my, for the pur- pose ol pi- veiiling the enemy's boats coming out lo inter, cent the fire- ships. QWas the fleet moored again in the conrse of tl. aS day?— A. The fcigual was made-, aud the fleet mooted a- gain aboot sun set, cxcept the Ca; aar. - Ci. Do yon remember what induced tbe Commander ia Chief to order the fleet to moor again, or if you do not know his n- asons, did you sec or knt> w any sufficient canoe for its bting done — A. The Commander ia Chief did uoS at the time communicate his reasons for mouring, but from the cluse order in which some pnrt of the flct- t vn » originsll. moored, and considering the strength of tli « tide, 1 think there might have been some risk of the ship » nearest to each other gctliug on boaid each other Led they continued so close Q. The moruiug after tbe fire ships were sent hi, * orn « signals and telegraphic communications were made from the lmperieuse to the Commander- in- Chief. Do you re- collect n hit they were ?— A. 1 coofess 1 must speak tn<. r « from recollectiou, than fiom anything 1 raw myself. £ can speak lo those which were officially repotted tonic hy the Captain of the Casar. The first sigual leporUd to me to he made by the lmperieuse, was " that sc 11 u of tl • enemy's sfijps OH shore: the fleet can d< v! ROJ ibcm." Soon after signal repeated, " that half tie flret < culi destroy them." Bet « eiu half past six aud tight o'eloc k, 1 do not Ptvttlhct any other signal jh> K> by the Jm^ 1;- » ieuse till between batVpast twelve and one o'clock, : uina day, and standiog in touerds the enemy. The In> j erir\ u « made signal that the eumy's, f. hips were snprrior to ti. e chasing ship, hut inferior to the fltel " uniH.:, alio th. t the Imp- rieuse was in distress a! nJ'wini* « d asn.- t:- acc. Q. Did you ace, or WJS it officially reported to you ia the counejof t at day, that the Impcii. u.- e l. aii it t> um it the Coinmandev iu 1 hief by a t< h graph, thut two s- jil of the line would be sufficient to destroy ti e Utn j — A such sigi. al wan reported lo use even to l. avc bt c in&< Je. Q. ^^ as auy i flu isl information given to y^ u of the Onumandcr in Chief having recalled the luipeii. usv the morning of tbe 12th :— A. No such comui. ication v. « * ever made to me. Q. The Keveiig<- rTheseup, Valiant, and Caesar, arc Hated to have heen aeut into the Road of Abe. Did they go iu i — A. They « eut iu at difierent limes of ttie uijut. Ilio Casar some hours after the Valiant. Q. Were tliey recalled by signal or othf? aise, by tti* Commander in Chief:— A. They Were recalled bv i. o or- der from the Commander iu Chief, but pait of ihrro, tli « Gaidar, Theseus, and - Valiant, caiae out by ordeis tioaa me. Q. What was your reasons for calling those ihips from the sen- ice ou wbicb they were ordered w ithout dneciiona tVurn the Commander in Chief — A. The iiuminei. t and inevitable danger the ships were exposed to by continuing in that station; als'i the certainty that they could not be cm^> lo^ ed with cflVct iu thefurther dcati uciion oi tie c o « - U. Did you consider the eiaugrrto which ti ty v.. i r> » exposed from the enemy's batteries, or badue- o; ofioads, or both?— A. From both. The eveuing preceding it, when the Ca- sar was going iu, she got ou shurt for tiir.^ hours, iu range of the euemyV shot; and this cdnlrary ti » ray expectations, b. ing told by tbe pilot there wi s suffi- cient water. The Captains of the Theseus andVuliaut ulso informed me that their ships Lad been aground. Q. On what shoal was the Casar aground1— A. A con- tinuation of the Buoyart, or a separate bank in the -; me line with the Buovart. At the time the Crrsar got ashore it was nearly dark, and the enemy did not percelvc her situatiou. If it had been day- light, 1 shoulu luivc despair- ed of gett ing her ofl'. Q Did you kuow that within the rood of Aix, there war an anchorage capable of cor. tainius six sail of the line, perfectly out of reach of shot and shells, fium noy < f enemy's butteries :— A. Previous to our frigates gving in, 1 certainly did not know it, although some pilots ueie of opinion that there was, other?, that there was not. At , lh respect to the number, 1 understood it never cuutr. ii, id more than four ships in live fathoms, w ithout ranncoT shells. Had I kuown of that anchorage before 1 went hi, I should have expected to derive little good from any ship* goiug there, as it was quite out of the liue ofauuoy nig any of the enemy's ships that were ou shore. U. One of the reasons you have given for withdrawing tbe ships from tLc road of Aix was, that they could not annoy the enemy's ships. Were yon, before it was dark, in a situatiou from which you could so see the enemy'a ships SO ns to feel quite satisfied ships of the line could do them no more mischief?— A. Before I went in, and in gt> » ing iu, I observed the enemy's ships close under the bat- teries, aud I wns so little acquainted with that uuchorage, that 1 was of opinion, both with respect to the navigation as well as the exposure to the batteries, ships eould not b » employed w ithout eminently riskiug their safety. Q. You have commanded a jqnadrou for " considerable time iu Ba* que- roads, have you^ been able to asceitain how high the tide rises aud falls at spring tides"— A. Gene- rally from IB to iil feet, according to the set of the wind, the N. W. wind makes a higher tide. Q. When the Imperieuse made the signal that the ene- my's ships were on shore, and the fleet might destroy them, would you with the experience you have as a flag- officer, have thought it prudent or proper to seud or lead in the fleet to destroy them ?— A. lu my opinion the di » - lodgeme ut from the anchorage of the " enemy's shins by fire- ships, removed but a small pzrt of the obstacles.— This is not only my opiuion, hut that of others wbojue- ceded in the command. The difficulties of the naviga- tion. and au imperfect acquaintance with the anchorace, would, 1 thiuk, have made me unworthy of a command, where the enemy had all the advantage, and ours would have had all tl. e'loss. Q. When the signal was made by tbe Imperirnse thnt half the fleet could have destroyed the euemy, would yoa have couduc ted half the fleet tor thai puijiow, *> lh t*.. t wind aud weather as it iheu was"'— A. In this and the for- mer answer 1 must take the state of the wind only: with tbe wind as it then was, and the broadside of their ship* still commanding the passage, we should have bee n so crippled in going iu and iu working out a passage a littl* more than it mile, 1 thiuk 1 should not have risked iL » ships bad tht y been under my command. U. The Impericuse made the signal ofbeins in distress, and w anting immediate assistance— were any ships imme- diately sent to assist her'— A. 1 will uot preteud to say whether the frignti- s were ordered iu before or afterward", by the Commander in Chief, hut there were several ship* near at that lime. 1 do not recollect any signal bcinp made immediately in answer to the signal from ihe Im- pericuse.— Adjourued until to- morrow.
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