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whole of the fame; the Court are of opinion, that the charges are proved against all, except Chriftopher White, and doth adjudge them to fuffer Death, by being hanged by the neck on board fuch fhip of his Majesty, at Spithead, or in Portsmouth Harbour, and at fuch time as the Lords Commiffioners for executing the Office of Lord High Admiral of England thall direct and the faid John Mayfield, &c. (all except White), are hereby ordered to fuffer death, by being hanged by the neck as before-mentioned. And the Court is further of opinion, that the charges against Christopher White are in part proved, and doth order and adjudge him to receive two hundred lashes on his bare back, on board fuch thip at Spithead, or in Portsmouth Harbour, and at fuch time as the faid Loris Com miffioners fhall direct; and the faid Chriftopher White is ordered to receive the said two hundred lathes accordingly."

Collins then faid-" Permit me to return my fincere thanks for the patience and indulgence fhewn me. I acknowledge the juftice of my fentence. I have violated the laws of my country, and the difcipline of the navy; but I declare to Almighty God, that the intention of murder never entered my head. I folemnly call God to witnefs this declaration, and truft to the truth of it all my hope of pardon in the other world. May God protect the British Isles, and the Government! and may God receive my foul !"-At thefe words all the prisoners exclaimed " Amen !"

Chefterman then faid, "I hope they will allow a friend of mine to bury my body;" and concluded by praying the Court to allow him a little time to prepare himself for eternity.

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

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

8. A marine belonging to the Acafto frigate, who was tried a few days before for throwing a bottle at his Corporal, was executed, at Portsmouth, purfuant to his fentence.

11. Mr. Northman, a young Gentleman of Bond-street, while fkaiting,

VOL. XLI. JAN. 1802,

about fix o'clock in the evening, on the Serpentine River, unfortunately advanced on a part of the river which was not frozen, when both he and his companion fell in. The latter extricated himfelf with fome difficulty; but Mr. Northman funk, and perished under the ice.

The following is faid to be an excellent Remedy for an Afthma-Gum ammoniac, Venice foap, Turkey rhubarb, Ruffia caftor, fresh green squills, of each two scruples; beat all in a glass, and make them into pills of a moderate fize. Five taken at night going to bed will much relieve the complaint.

14. A Court Martial was held on Portsmouth, to try William Allen, Edboard his Majefty's fhip Gladiator, at ward Taylor (ft), George Cummin, George Dixon, James Riley, and Thoras Simmonds, feamen belonging to his Majefty's fhip Temeraire, on charges of mutiny, &c. fimilar to thofe exhibited against the other prifoners. Cummin was fentenced to 200 lathes, and all the rest to fuffer death.

15. The yellow flag, the fignal for execution of fome of the mutineers, was hoited on board the Temeraire, at Spithead and the boats from the different thips affembled round the Formidable, the Temeraire, and the Vengeance, the veffels appointed for the awful fcene. At a quarter before eleven o'clock, Chesterman, Fitzgerald, Collins, Mayfield, Ward, and Hillier, appeared on the quarter decks of the above veffels, viz. four of them in the Teméraire, one in the Formidable, and one in the Vengeance. Thefe veffels lay almoft clofe together. After a few minutes spent in prayer, about eleven o'clock the fignal was given by the fir ing of a gun, when they were launched into eternity. They all behaved with the greateft fortitude. Chéfterman fo. licited the favour of a glafs of wine, which he drank with great compofure.

19. The five mutineers, viz. Allen, Taylor, Dixon, Riley, and Simmonds, who were fentenced to death on Saturday, were executed. The charge being proved only in part against Cumming he was ordered to receive 200 lathes. The remaining feven, it is thought, will be tranfported for life.

Some days fince, Mr. Tappenden, of Fofter-lane, coming to town with a

L

friend,

friend, flopped at the Elephant and Caftle, in St. George's Fields; at which place a parcel, containing upwards of 2001. in Bank of England, and Country Bank notes, was ftolen out of the feat of the chaife in which they travelled.

Last week a very melancholy accident happened. The Rev. W. Fennell, of Walford, near Newbury, was awakened about two o'clock by his chamber being filled with fmoke, when, inftantly rifing, he found the houfe in flames. He took his wife in his arms (whom horror had rendered motioniefs) and defcended the fairs, which were already on fire. The nurfery maid, who flept in the room, being alarmed, followed him with his youngest boy, about five months old; but the flames were fo rapid as to prevent his faving his eldeft, a fine girl near feven years of age, who, with an old lady upwards of 80, mother of Mrs. Fennel', perished in the flames.

20. Tiial of Governor Wall-At the Old Bailey, Lord Chief Baron M'Donald, Mr. Juftice Lawrence, and Mr. Juftice Rooke, took their feats on the Bench, and Jofeph Wall was put to the bar. The Jury being fworn, he was charged, in the ufual manner, with having at Goree, on the coaft of Africa, on the 10th of July 1782, wickedly, felonioufly, and of malice afore-thought, murdered Benjamin Armstrong, against the peace of our Lord the King, &c.The pleadings being opened by Mr. Abbot, the Attorney General rofe, and laid before the Jury a detailed statement of the cafe. He concluded by telling the Jury, that if the prifoner could prove that there exifted at this time a dangerous mutiny, they ought certainly to acquit him; but if he unneceffarily, barbaroufly, and illegally had this man fcourged to death, they were bound to find him guilty. He laid very great ftrefs upon the circumftance of Governor Wall having abfconded in 1784. Had he been confcious of innocence, he knew there were feveral people alive intimately acquainted with the whole tranfaction, whom the hand of death had now fwept away. The Jury had two questions to try: Was the man's death occafioned by the beating and, Was the prifoner juftified in inflicting this beating? They would liften to the evidence with unprejudiced ears, and frame their verdict accordingly.

Evan Lewis was the firft witnefs cal led. He faid, he was a foldier in the garrifon of Goree in 1782; he landed in

April 1779, and continued till the year 1783; a private at firft, he was made a corporal and ferjeant by Governor Wall. In July 1782, he was a corporal doing ferjeant's duty; he was the orderly ferjeant on the roth and 11th of July 1782; the Governor left the island on the 11th; his intention was known a day or two before. While on duty as orderly ferjeant in front of the Governor's houfe on the morning of the 10th, he faw about fifteen or twenty men pafs. He was fent by the Governor to enquire what they were about. He went, and brought back word that they were going to the Commiffary's for their thort allowance money. He told them, by the Governor's orders, to go back to their barracks, or they would be flogged. They retired fubmiffively; they were totally unarmed. In about an hour and a half another party came, rather more in number. Armstrong was among them; thefe were also unarmed. The Governor asked Armftrong what they wanted; Armstrong answered, "their fhort allowance mo ney." "You are a fool (faid the Go. vernor); get back to your barracks,' Armstrong held bis hat in his hand all the time, and retired immediately, without faying a word. The men had been for fome months on fhort allowance; and it was known that the Commiffary was to come away with the Governor; both the applications were in the forenoon. In the evening, the Officers that dined with the Governor went away earlier than ufual: the Governor walked towards the parade, the witnefs attending him. The Governor walked up and down on the ramparts oppofite the main-guard; after fome time, he ran fuddenly by the witnefs, and began to beat a man that was in arms in front of the guard-houfe; he beat him first with his fword, and then with a bayonet which he took from the centinel; he then put both him and the centinel into confinement. The Governor then ordered the drum to beat; and when the men affembled, they were ordered to form in a circle; they obeyed direct.. ly; they were without arms. The Governor was in the centre, with Capttains Lacy, Ford, Fall, and Shanley. The carriage of a fix-pounder was brought from the ramparts, and there were blacks within the circle. The Governor spoke with the Officers for a little time, and then called Benjamin Armstrong from the ranks, where he

food in his place as ferjeant. Armftrong came out. He was ordered by Governor Wall to ftrip. He was then tied to the gun-carriage, and flogged with rope by black men, changing at every twenty-five lathes. Governor Wall was in the circle, urging and threatening the blacks to lay on. The witnefs heard him fay feveral timesLay on, you black b-s, or I will Jay on you. Cut him to the heart. Cut him to the liver !" He believes Armftrong called for mercy; but does not recollect in what words. After the punishment, Armstrong was taken to the hofpital, where he died in a few days. There was not the leaf appearance of mutiny or diforder. There was no Court Martial held in any shape on Armstrong, nor was he ever called on for a defence. The rope with which Armstrong was flogged was about an inch in diameter.

Roger Moore, a private in the garrifon of Goree, confirmed the teftimony of the laft witnefs as to the fact and manner of flogging; but he did not hear Governor Wall lay, "Cut him, &c."

Thomas Poplet, then Lieutenant of the African corps, and a prifoner at large under fentence of a court martial, faw the tranfaction from his court-yard; there was no court-martial, nor mutiny that he knew of.

Patrick Ferrick, furgeon to the garrifon, was fent for by the Governor after the flogging began; had no doubt at the time that it was excelfive, but dared not mention it. The man certainly died of it. Rope is more dangerous thin whipcord, as it bruifes, and does not cut. Amftrong paffed blood by fool and urine, and had afthma from the quantity that was forced into the cheft. He walked to the hofpital by the affiftauce of two men. He died on the 5th day.

Wm. Roffer, atlitant to the furgeon in the hofpital of Goree, was there when the decealed was brought in. The mo ment he came in, he laid he had been punished by Governor Wall without a court martial, and that he certainly fhould die. His back was exceedingly bruifed and fwelled; as black as a new bat: he appeared to the witness to be in a dying fate: he had no hope of him from the beginning.

John Butler, ferjeant-major, faid, he oblerved nothing like mutiny, on the 10th July; and that, as far as he knows, no court martial was held.

The prifoner's letters and returns to

Lord Sydney on his arrival in England were produced by a clerk from the Secretary of State's Office, and read by Mr. Shelton. They ftate that the gar rifon had been for feveral months on fhort allowance, but make no mention of any thing like a mutiny.-The laft witnefs was Mr. Oldham, Deputy Ad vocate General, who fwore, that no return of a court martial upon Benjamin Armstrong, in the year 1782, had been made to his office.

[Here the cafe was closed on the part of the profecution.]

The prifoner, being called on for his defence, fid, that, having proposed to return to Europe on the 20th of July, fome of the men came up to the Governinent-house on the morning of the 10th, and made a demand on account of fhort allowance of provifions; but they were easily perfuaded to return to the barracks. About two o'clock of the fame day, they came again very much intoxicated. He expoftulated with them for a length of time to no effect, and ordered the deceafed to march them back. The deceafed faid, he would be d-d if he should, until they were settied with, and the demand complied with. He then ordered the whole to face to the left, and march back. To which they anfwered, that they would be d-d if they fhould not immediately break open the ftores and fatisfy themselves. Finding them bent on proceeding to extremities, he begged an hour or two to confder an anfwer: to which they con fented, upon condition that he should not leave the island until the business was fettled. The deceafed then marched back the men, fhouting and making a great noife. He then fent for Captain Lacy, Lieut. Shanley, and Enfign Ford, the only officers then off duty, who came to the Government houfe, and all agreed that immediate punishment fhould be inflicted. Lieut. Shanley was then difpatched to the drum-major, to defire him to have every thing ready; and on his return, he reported from the drummajor, that the cats were all deftroyed, and that the men were all agreed not to fuffer any punishment. Capt. Lacy propofed that nothing fhould be done until parade, which was adopted: the prifoner atked the men, when drawn out, what was their complaint? A man came forward, and faid, he had a demand upon the Commiffary upon account of fhort allowance. He then cal led out the deceafed, and asked him :

but

but at this moment a Lieutenant came and told him, that a man in confinement was breaking prifon, and that the foldiers would not obey orders to prevent him. He then left the parade, and went to the guard-houfe, and faw the perion who had been in confinement at large. He made an attempt to force him back; but the foldier who stood fentry clapped his bayonet to his breaft, and faid he hould not enter there. He ftruck the bayonet down; and, after having reprimanded the guard, he returned to the parade, where he had ordered the artillery to be drawn up with the African corps. On his return to the parade, he ordered the faid three officers to form a court-martial, which they did. He then charged the deceased, who was on the parade, with mutiny. He then went on the outfide of the troops, who formed a circle round the court-martial. Some time after, Capt. Lacy came out of the circle, and informed him that they had fentenced the deceafed to receive 800 lathes. Some final cords were then produced, and fhewn to the furgeon be fore the punishment, who approved of them, and faid they were not fo bad as a cat o'-nine-tails. The puniment was then inflicted upon the deceafed, who was tied to a gun, which was the ufual way in the African corps, who never had halberts. The deceafed, in the course of the evening, drank fpirits fo as to become intoxicated. The prifoner fhortly after came home to Ergland, and found, upon his arrival, that feveral charges had been preferred a gainst him by two officers of the African corps. The charges were heard, and proved to be groundless; and Lieut. Robert, one of the officers, was reprimanded for bringing them. Some time after, two meffengers went down to Bath, and took him into custody: they took a poft-chaife and four, and in their way to town they stopped to fup at Reading. At this time he knew nothing of any charge of murder, and the melfengers refuled to tell him the caufe of his arreft. An opportunity offered to make his efcape, and he embraced it. It was not until afterwards that he was charged for murder. But, an impref. fion to his difadvantage having been made upon the public mind, he was deterred from furrendering to take his trial.

After this statement the prifoner's Counfel called the following witneffes: Harriet Lacy, the widow of Captain

Lacy, who fucceeded the prifoner in the Government of Goree, confirmed the ftatement of the men coming up twice in a mutinous manner to the Governor's house. They amounted to between 70 or 80, and their demand was for Sort allowance-money, not due in the pri foner's time, but in that of his predeceffor, She alfo proved the confultation with the three officers. On her crossexamination, the swore pofitively that one Carney, and not Evan Lewis, was. the orderly ferjeant on that day at the Governor's houfe.

Sarah Faulkener faid, he heard the deceafid and others defire Serjeant Befon to make out an account; and the latter anfwered that they were not aware of the consequences of fuch proceedings; to which they replied, that if the Governor fhould not comply they would have his life. She alfo fwore pofitively, that Carney, and not Lewis, was the orderly ferjeant at the Govern ment-houfe on that day.

John Faulkener fwore that there was a trial; that Capt. Lacy charged Armfireng with mutiny, threatening to stop the Governor, and to bring the stores on thore. Armstrong made no defence.The Governor had retired without the line, while Capt. Lacy and the other officers were deliberating; that is, from a quarter of an hour to half an hour. The fentence was then pronounced, that 800 lathes thould be given by the interpreter and his people; the furgeon was prefent during the whole of the punishment; the rope was not thicker that a man's little finger.

Mary Faulkener twore ftrongly to the number and violence of the mutineers; they were 70 or 80: fhe heard them in Serjeant Befon's room, fwearing they would be d-d if the Governor thould

go till they had their short allowance money, and that they would break the flores. Patterson was under arreft, and attempting to efcape; and when the Governor wanted to prevent him, Fawcet, the fentinel, pointed his bayonet at the Governor's breaft. The Governor then ordered the parade.

The above was the whole of the evidence produced by the prifoner, as applied to the fact, which, on crofs examination, proved extremely contradictory. In addition, he received a good and humane character from a number of Gentlemen who had known him for many years, among whom were Gen. Forbes, Governor Mackenzie, &c.

After

After which the Chief Baron fummed up the evidence, making fuch obfervations as his wifdom and official duty pointed out to him as neceffary to make; when the Jury retired from the box, and, after deliberating about three quarters of an hour, returned a verdict of Guilty.

On this, Governor Wall (who had been leaning forward at the bar, the better to hear the verdict), drew himself upright, and lifted up his hands and eyes in leeming astonishment; at the fame time commending himself to God in filent agony.

The Recorder then pronounced fentence in the usual terms, ordering him for execution on Friday the 22d.

The trial latted from nine in the morning until eleven at night.

A melancholy circumftance happened in the Old Bailey during the above trial. Major Winter, who refided at Woolwich, coming to peak in favour of the Governor, in getting out of the coach,

dropped down, and inftantly "expired. We understand, the Major was in the Artillery, and brother-in-law to Mr. Dudman, an eminent fhip-builder at Deptford, and has left a family of ten children.

Pelham's Office, for Jofeph Wall, con21. A refpite was fent from Lord victed of murder, deferring his execution until the 25th. On the 24th, he was farther refpited till the 28th.

22. A Court Martial was held at Portsmouth, on board the Gladiator, on Captain Sir Edward Hamilton, of his Majefty's fhip Trent (who diftinguished himfelf in the Wett Indies by the recapture of the Hermione), "for fending the Gunner and his crew up in the main rigging for three hours; when the Gunner was taken down in a fainting fit through the feverity of the cold." The charge being fully established, he was fentenced to be Difmiffed from his Majefty's Ser-vice,

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