Q. By prisoner)-Did you not send a gentleman to call me out of the house?—Yes. Q. Did I not come out at the same time, and stand at Saunders's back all the time you were talking to him?-A. You came into the street,about 4 minutes after Saunders. The evidence now commenced for the prosecutor; and lieutenant Thomas Wren Carter, (first) of the Halifax, was sworn. Q. Relate what you know respecting the charges against the prisoner.-A. On the seventh of March last, about six o'clock in the evening; being commanding officer, I sent the jolly boat, with Mr. Turner, midshipman, and five men, to weigh the kedge anchor, which had been laid out for swinging the ship. They were a long time there. I hailed them once, to know what they were about?-They answered getting the tackle on board. A short time after, the quarter-master, Douglas, told me he thought they were pulling away: believing they were, I ordered a fire of musketry on them. That not having any effect, I directed some great guns to be pointed and fired; one was, but the boat being nearly out of sight owing to the dusk, and a tender belonging to the Bellona immediately in her wake, I was obliged to desist firing, and saw no more of her. As soon as the firing ceased, a muster of the ship's company was made, when I found that the prisoner, with the other\men named in the charge, had deserted. Two or three days after, the petty officer returned, and reported he had been run away with by the crew. The prisoner having no questions to ask, this evidence withdrew; and Mr. Robert Turner, midshipman of the Halifax, was called in and sworn. Q. Relate to the court what you know respecting the charges against the prisoner.A. On the evening of the 7th of March I was desired, by the first lieutenant, to go in the jolly-boat, and weigh kedge anchor; the prisoner was one in the boat, with Hill, North, Hubert, and Henry Saunders; after we had shoved off from the ship, and got hold of the kedge hawser, and the anchor up to the bows, it came on to rain very hard, and the weather being thick, the men took the boat from me; when I hailed the ship repeatedly, until silenced by Hill, who threatened, if I hailed the ship any more, he would knock my brains out, and heave me overboard. Hill said, if it had been Mr. M'Gory in the boat, instead of me, he would have tanned his hide, and thrown him overboard. The instant the boat landed at Sewel's Point, they all jumped out, and left me in her. Saunders, I think, would have returned, if he had not been threatened to have his brains knocked out: I do not know if by the prisoner it in particular, was amongst them. After landing, I saw nothing of the men until Monday, two days after, when I saw the prisoner at Norfolk, with a number of men who had entered into the American service. On Tuesday I'met lord Townshend, and informed him of the circumstances: shortly after saw the prisoner and Saunders, lord Townshend speaking to them, and telling them, that if they would return to the ship, he would forgive them. Saunders was in the act of going down to the British consul's with me; the prisoner said, if he attempted to return to the ship, if he was not able himself, he would get more hands to assist in cutting his bloody guts out. Q. (By prosecutor.) Did it not appear to you, that the whole time I was in conversation with Saunders and the prisoner, the latter was very abusive ?-A. He was. Q. Did the deserters cut the boat adrift, and shove her from the shore, making you jump out up to your middle in water -A. After landing, I was left in the boat, the painter was cut, the boat floated off, and I jumped into the water, and waded ashore. Q. Did you observe the prisoner assist in rowing the boat, after it was taken from you? A. Yes, I did; four men were rowing; Saunders and myself were sitting in the stern sheets. Q. (By prisoner.) Did Saunders go out of the stern sheets to look for kedge buoy ? -A. He was out of the stern sheets, but I am not certain if he had hold of the hawser or not. The prisoner having no further questions to ask, the evidence withdrew. After I was on board the Leopard on the 22d of June, as a passenger, and was ordered on board the Chesapeak, with lieutenants Falcon and Guise, to search for deserters. the hands were sent on deck, I was ordered below to search, and found the prisoner in the coal-hole; he was brought on the quarter-deck, and known by Mr. Preston, purser of the Leopard, as being discharged from her to the Halifax. Q. Did the prisoner deny belonging to the Halifax?-A. He said he was an American, and not belonging to the Halifax, Q. On our going on board the Chesapeak, did you hear any conversation that passed respecting deserters, whether they acknowledged or denied having any?-A. The captain of her said, he did not know they had any deserters on board. Q. Did the prisoner stand on the Chesapeak's books, by his present name, or by what other?-A. I think by the name of Wilson. Q. Previously to the action between the Leopard and the American frigate, do you know if there was any correspondence by letter, between captain Humphries and the commander of the Chesapeak, to demand the deserters then on board ?-A. Yes. Q. Did you hear any thing that passed after the correspondence between captain Humphries and the commander of the Chesapeak ?—A. I did hear captain Humphries say, commodore Barron, you must be aware of the necessity I am under of complying with the orders of my commander in chief. He replied, you may do as you please. Q. Did you understand that as a refusal to comply with captain Humphries' wishes to have the English deserters given up from the Chesapeak to the Leopard?-A. Yes. Q. How long was it from the time of first sending the boat on board the Chesapeak, until the action commenced -A. The boat was on board the Chesapeak about three quarters of an hour, when the signal was made for her from the Leopard; she returned in about ten minutes after, with a letter, which captain Humphries took into the cabin, and read; then ordered the guns to be primed, fired one gun athwart her bows, and then hailed as before, to which a similar reply was made: captain Humphries then ordered the fire to commence, beginning with the foremost gun on the lower deck, and gave her about three broadsides. Q. Were the crew of the Chesapeak mustered previous to the finding of Ratford in the coal-hole?—A. No; not until afterwards. Q. What other deserters were taken out of the American frigate ?-A. Three belonging to the Melampus. Q. Were there many Englishmen mustered on board her?-A. About 12 men and boys. Q. Were any of those Englishmen demanded, or any other men demanded, or taken out, except known deserters A. No The prisoner having no questions to ask, the evidence withdrew. Mr. James Simpson Wells, clerk of the Halifax, was called in and sworn. He produced the complete book of the Halifax; swore to its correctness; and, by dis rection of the court, pointed out to the judge-advocate the five men, stated by the charge to have deserted, which he did as follows: Richard Hubert, sail-maker, born in Liverpool, England, aged 22. George North, captain of the main-top, born in Kinsale, aged 27. Q. Do you know the prisoner to be one of the men you have now named ?--A. 'Yes, I do, by the name of Jenkin Ratford. Have you any reason for believing the prisoner to have been born in London A. I think I was present when his description was taken, and he gave the place of his birth, London, himself. The prisoner having no questions to ask, the evidence withdrew; and Mr. James Baikie, secretary to vice-admiral Berkeley, swore to the following letters being copies of those sent to the commander in chief, when they were read, and are as follows: To Jahn Erskine Douglas, Esq. Captain of his Majesty's Ship Bellona, and Senior Officer, &c. &c. Chesapeak. His Majesty's Ship Leopard, at Sea, 22d June, 1807. SIR In obedience to your signal this morning, to weigh and reconnoitre, S. E. by E. I have the honour to acquaint you, that having arrived off Cape Henry, to the distance of about four or five leagues, I bore up, pursuant to orders from the com mander in chief, to search for deserters on board the United States' frigate Chesapeak. On arriving within hail, an officer was dispatched, according to my instructions, to shew the order to her commander, together with the following note from myself: "The captain of his Britannic Majesty's ship Leopard has the honour to enclose the captain of the United States' frigate Chesapeak, an order from the hon. viceadmiral Berkeley, commander in chief of his majesty's ships on the North American station, respecting some deserters from ships (therein mentioned) under his corne mand, and supposed now to be serving as a part of the crew of the Chesapeak. "The captain of the Leopard will not presume to say any thing in addition to what the commander in chief has stated, inore than to express a hope, that every circumstance respecting them may be adjusted in such a manner, that the harmony subsisting between the two countries may remain undisturbed." The boat, after an absence of three quarters of an hour, returned with the following answer. "I know of no such men as you describe; the officers that were on the recruiting service for this ship, were particularly instructed by the government, through me, not to enter any deserters from his Britannick majesty's ships, nor do I know of any being here. "I am also instructed, never to permit the crew of any ship that I command, to be mustered by any other but her own officers: it is my disposition to preserve harmony; and I hope this answer to your dispatch will prove satisfactory. (Signed) JAMES BARRON, "Commander of the United States' ship Chesapeak.” On the receipt of this letter, motives of humanity, and an ardent desire to prevent bloodshed, induced me, if possible, to endeavour to make the search, without recurring to more serious measures, by repeatedly hailing and remonstrating, without effect. I then directed a shot to be fired across the bow; after which he was again hailed; the answers again were equally evasive. Conceiving, therefore, that my orders would not admit of deviation, I lament to state, that I felt myself under the necessity of enforcing them, by firing into the United States' ship; a few shot were returned, but none struck this ship. At the expiration of ten minutes from the first shot being fired, the pendant and ensign of the Chesapeak were lowered. I then gave the necessary direction for her being searched, according to my instructions; and herewith send you a statement of the number and names of the deserters found on board. Several other English subjects composed part of the crew of the frigate; but as they did not claim the protection of the British flag, and were not within the limits my orders from the commander in chief, I therefore allowed them to remain. 12 After the search had been made, and previous to separation, the captain sent me the annexed note ; * which, with my answer, I have the honour to subjoin; and have the honour to be, &c. S. P. HUMPHRIES. Serjeant Richard Frodsham, of the royal marines, of his majesty's ship Bellona, called in and sworn, to truly answer what he knew of the prisoner, as also to such questions as the court might ask him. Had heard the charges read. of Q. Do you know any thing of the prisoner?-A. Only that he was confined on board the Bellona, as a deserter from the Halifax. Q. Were you on board his majesty's ship Chichester, in the Chesapeak, doing duty as a serjeant of marines?-A. Yes: I was sent from the Bellona to his majesty's ship Chichester, on the 10th of November, 1806, and remained there until the 15th of March, 1807. * Copy of a letter from commodore Barron, to capt. Humphries. "SIR-I consider the frigate Chesapeak as your prize, and am ready to deliver her to any officer authorised to receive her. By the return of the boat, I shall expect your answer, and have the honour to be, Sir, your most obedient humble servant, "At sea, June 22, 1807. "JAMES BARRON." (*Answer) "His Majesty's ship Leopard, (at sea) June 22, 1807. "SIR,-Having, to the utmost of my power, fulfilled the instructions of my com mander in chief, I have nothing more to desire; and must, in consequence, proceed to join the remainder of the squadron, repeating, that I am ready to give you every assistance in my power, and do most sincerely deplore, that any lives should have been lost in the execution of a service, which might have been adjusted more amica, bly, not only with respect to ourselves, but to the nations to which we respectively belong. I have the honour to be, &c. S. P. HUMPHRIES." 66 Q. Do you know of any deserters from Fort Nelson being claimed by the Ame rican commandant ?-A. Yes. 66 Q. Relate to the court the particulars.-A. In the early part of February last, the Chichester being alongside the wharf at Gosport, in Virginia, I saw a party of soldiers, under arms, consisting of the commandant of Fort Nelson, a serjeant, cor poral, and four privates, coming from the fort to the wharf, alongside which the Chichester was lying. Having entered the gates, they proceeded to captain Stopford's lodgings: when I was sent, for, by him, and asked if there were any deserters on board from the fort? I answered there were not any. The captain said “ there are three, are there not?" and directed me to give them up to the person I supposed to be the commandant. I, with the assistance of the officers, searched the ship, but could not find them, and reported accordingly to the captain, who then ordered all hands to be turned up, in order to search more particularly, as he was determined to give them up. I, with the master, and other officers, renewed the 'search; and, at the expiration of an hour, two were found under the stores in the hold; the third was found in one of the store-houses, under the sails. Captain Stopford directed Mr. Brookes, one of the midshipmen of the ship, to be confined, for telling captain Saunders, that be thought it was not right to give up their deserters, when they would not give up our's. The deserters were then put in a boat, and taken by the American captain and guard to the fort. Their names were, William Burn, a shoemaker by trade, an Irishman, born in Londonderry; William Jones, a weaver by trade, born at Manchester, in England; the name or place of birth of the third person, I do not recollect. Q. Do you know of any of the crew, or supernumeraries, deserting from the Chichester, and entering into the American military service?-A. Yes: convalescents, who came from the regiments, &c. in the West Indies, for recovery of their health. Q. Relate the particulars.-A. Robert Simpson and Francis Sedgewick, of the royal artillery; Williain Philips, corporal of royal marines, belonging to the Chichester; Benjamin Withers, of the 15th regiment of foot; and John Mahoney, of the 37th, deserted from the Chichester, some of which enlisted, in the English uniform, into the American service, and were afterwards seen by me in the American military uniform. Simpson and Mahoney were Irishmen, and Withers and Philips, Englishmen, from the county of Lancaster. I do not know what countryman Sedgewick was, but have repeatedly heard them all declare, they were strangers to the United States. The evidence withdrew; and Captain John Erskine Douglas, of his majesty's ship Bellona, sworn. Q. Were you senior officer of his majesty's snips in the Chesapeak, when the men, stated by the last witness, deserted from the Chichester?-A. I was senior officer. Q. Did you make any application for those men ?—A. I did make application, but they were not given up; and, to the best of my recollection, the answer given was, "If any deserters from the English service, have entered into the American service, they have been sent, with a detachment, into the country." The prisoner was now called upon for his defence, having been told, at the examination of each witness, that he might ask any question he pleased. After retiring for a short time with the judge advocate, he returned into court, and stated, that the evidence brought against him was so strong, there was but little left for him to say in his defence; but that the reason of his hiding in the coal-hole was for fear of the Americans making him fight against his country, which he declared he would not do on any account; that he, with all the men who deserted from the Halifax, were persuaded by the boatswain to enter for the Chesapeak, to protect themselves, which they did : lieutenant Sinclair asking them if they had not a second name? About 30 men went in the first draft with him to the Chesapeak, when captain Gordon mustered them, and they were inustered again in Hampton roads, by the commodore. He requested leave to call one evidence in again, to ask his officers for a character; and then he threw himself on the mercy of the court. Lord James Townshend, and the other officers, stated, that prior to the charges he had always behaved himself as a quiet, steady man. The court were of opinion that the charges were proved, and adjudged the prisoner to suffer death. He was executed Aug. 31, on board the Halifax sloop of war. Printed and published by G. SIDNEY, No. 1, Northumberland-Street, Strand; Sold by H. T. HODGSON, Wimpole-street; J. BELL, Sweeting's-alley, Cornhill; and by ail the News-venders in Town and Country. Vol. III. No. 19. Saturday, November 7, 1807. 353 PACIFIC MOVEMENTS IN THE NORTH. To bind th' ambitious and unjust by treaties: Or, if they cannot find a fair pretext, They blush not in the face of HEAVEN to break them. Price 10d. THOMSON'S CORIOLANUS. Act 4, scene 2. The following paragraph appeared in several of the newspapers published last week. Two meetings of respectable inhabitants of Sheffield were held last week, at the Tontine inn, to take into consideration the propriety of that town setting an example to the other manufacturing towns (reduced to most severe and humiliating distress by the continuance of the war) of petitioning his majesty to exercise his royal prerogative for the speedy restoration of the benefits of peace. It appeared to be the unanimous desire of all present, and of others to whom the subject had been mentioned, that peace, on safe and honourable terms, might be obtained as early as possible, but, in consequence of strong and repeated objections, by some gentlemen, that it would be improper, at the present moment, to embolden the enemy, and enervate our own government, by a public exposure of the real miseries and privations suffering by the manufacturing and labouring classes, it was determined to postpone the assembling of a public meeting for the purpose of addressing his majesty on this melancholy subject, till a more seasonable, or, at least, a more favourable oppor tunity should occur, of laying the prayers of a patient and afflicted people at the foot of the throne!" If this piece of information had been unaccompanied by any other proof of a similar pacific disposition on the part of the manufacturers of Yorkshire, the momentary astonishment which it excited would soon have passed away; and we might have overlooked the circumstance, as the ebullition of sanguine and fermented minds. But it comes not alone.-At the same time, in the same large district of the Yorkshire west riding, and upon the same avowed motives, meetings have been assembled for the purpose of petitioning his majesty to restore to his subjects, what these persons are pleased to call "the long-lost blessings of peace." It is evident, therefore, that there is an understanding among the parties; and that this attempt to feel the pulse of the nation, is merely preparatory to a more regular and combined plan of operations hereafter. Far be it, however, from us to assert, or even to insinuate, that the agents in these proceedings are actuated by improper or dishonourable motives. No doubt is entertained, that the pressure of the war is severely felt in the manufacturing districts, and, consequently, we cannot wonder at the sufferers employing every lawful method of alleviating that pressure; but it will be a very easy task to convince them, that they have mistaken the real causes of their distresses, and that they are equally in error, when they flatter themselves that a peace with France, under her present system of government, would redeem those long-lost blessings which they are desirous to see restored. Peace will ever be a popular topic; and when it once begins to be agitated by the people, as a question of expediency, we must expect the arm of government to be paralyzed, while the delusive phantom traverses the country in every direction, and with the rapidity of wild fire. The beginnings, therefore, of such discontentedness should be early watched, and their progress checked, lest they should induce the people to forbear looking at their situa tion with courage and patriotism.. We have already seen the alleged grounds upon which the two meetings were |