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olours; at nine o'clock I closed with her, and she commenced the action, which we returned, but from the enemy keeping two points off the wind I was not enabled to get as close to her as I could have wished. After an hour's action the enemy backed and came to the wind, and I was then enabled to bring her to close battle; in this situation I soon found the enemy's force too superior to expect success, unless some very fortunate chance occurred in our favour, and with this hope I continued the battle to two hours and ten minutes, when having the mizen-mast shot away by the board, topmasts shot away by the caps, main-yard shot in pieces, lower masts badly wounded, lower rigging all cut to pieces, a small proportion only of the fore-sail left to the foreyard, all the guns on the quarter-deck and fore-castle disabled but two, and filled with wreck, two also on the main-deck disabled, and several shot between wind and water, a very great proportion of the crew killed and wounded, and the enemy comparatively in good order, who had now shot ahead and about to place himself in a raking position, without our being able to return the fire, being a perfect wreck and unmanageable log; I deemed it prudent, though a painful extremity, to surrender his Majesty's ship; nor was this dreadful alternative resorted to till every hope of success was removed, even beyond the reach of chance, nor till, I trust, their Lordships will be aware every effort had been made against the enemy by myself, my brave officers and men, nor should she have been surrendered whilst a man lived on board, had she been manageable. I am sorry to say our loss is very severe; I find by this day's muster thirty-six killed, three of whom lingered a short time after the battle, thirty-six severely wounded, many of whom cannot recover, and thirty-two slightly wounded, who may all do well; total one hundred and four.-The truly noble and animating conduct of my officers, and the steady bravery of my crew to the last moment of the battle, must ever render them dear to their country. My first lieutenant, David Hope, was severely wounded in the head towards the close of the battle, and taken below; but was soon again on deck, displaying that greatness of mind and exertion, which, though it may be equalled, can never be excelled; the third lieutenant, John Bulford, was also wounded, but not obliged to quit his quarters: Second Lieutenant Samuel Mottley and he deserve my highest acknowledgments. The cool and steady conduct of Mr Walker, the master, was very great during the battle, as also that of Lieutenants Wilson and Magill of the marines.

On being taken on board the enemy's

ship, I ceased to wonder at the result of the battle. The United States is built with the scantling of a seventy-four gun ship, mounting thirty long twenty-four pounders (English ship guns) on her main deck, and twenty-two forty-two pounders, carronades, with two long twenty-four pounders on her quarter deck and forecastle, howitzer guns in her tops, and a travelling carronade on her upper deck, with a complement of four hundred and seventy-eight picked men.-The enemy had suffered much in masts, rigging, and bull, above and below water; her loss in killed and wounded I am not aware of, but I know a Lieutenant and six men have been thrown overboard.-Enclosed you will be pleased to receive the names of the killed and wounded on board the Macedonian; and I have the honour to be, &c. JNO. S. CARDEN.

To J. W. Croker, Esq. Admiralty.

[Here follows a list of killed and wounded; among the former are Mr J. Holmes, boatswain; Mr T. J. Nankwell, master's mate; Mr D. Colwell, schoolmaster; W. Brown, boatswain's mate-among the lat ter; Lieut. D. Hope, severely wounded; Lieut. J. Bulford, slightly; Mr H. Roebuck, master's mate, slightly; Mr G. Greenway, midshipman, severely.]


(From the London Gazette.)

His Majesty's Ship Poictiers, at Sca
October 23, 1812.

SIR, It is with the most bitter sorrow and distress I have to report to your Excellency the capture of his Majesty's brig Frolic, by the ship Wasp belonging to the United States of America, on the 18th inst. Having under convoy the homeward bound trade from the Bay of Honduras, and being in lat. 36 deg. N. and 64 deg. W. on the night of the 17th, we were overtaken by a most violent gale of wind, in which the Frolic carried away her main yard lost her topsails, and sprung the main top-mast. On the morning of the 18th, as we were repairing the damages sustained in the storm, and re-assembling the scattered ships, suspicious ship came in sight, and gave chace to the convoy. The merchant ships continued their voyage before the wind under all sail; the Frolic dropt astern, and hoisted Spanish colours, in order to decoy the stranger under her guns, and to give time for the convoy to escape. About ten o'clock, both vessels being within hail, we


hauled to the wind, and the battle began. The superior fire of our guns gave every reason to expect its speedy termination in our favour, but the gaffa head-braces being shot away, and there being no sail on the main-mast, the brig became unmanageable, and the enemy succeeded in taking a position to rake her, while she was unable to bring a gun to bear.

After laying some time exposed to a most destructive fire, she fell with the bowsprit betwixt the enemy's main and mizen rigging, still unable to return his fire.

At length the enemy boarded, and made himself master of the brig, every individual officer being wounded, and the greater part of the men either killed or wounded, there not being 20 persons remaining unhurt.

Although I shall ever deplore the unhappy issue of this contest, it would be great injustice to the merits of the officers and crew if I failed to report that their bravery and coolness are deserving of every praise; and I am convinced if the Frolic had not been crippled in the gale, I should have to make a very different report to your Excellency. The Wasp was taken, and the Frolic re-captured the same afternoon, by his Majesty's ship the Poictiers. Being separated from them, I cannot transmit at present a list of killed and wounded. Mr Charles M'Kay, the first lieutenant, and Mr Stephens, the master, have died of their wounds. I have, &c. T. WHINYATES.


"Aldbrough, Dec. 18.

"I have to communicate the melancholy loss of his Majesty's cutter Alban, com-manded by Lieutenant Key. She was driven from the Holland station by the present very, heavy gale, and forced on shore here this morning, and is a complete wreck. I am extremely sorry to say, that out of a crew consisting of 56 men, three women, and two children, only one woman, servant to Mrs Key, and a young man, a seaman, of the name of James Newton, are saved. The surgeon, Mr James Thompson, came on shore with some life in him, but he died immediately afterwards."



A special commission of Assize was opened at York Castle on the 2d and finished on the 12th inst. The calendar contained the names of 66 persons, charged with offences connected with the disturbances which

took place during last year in the West Riding of Yorkshire. Of this number, 3 were condemned and executed, for the murder of a Mr Horsfall, of Marsden on the 29th April last; 15 others were capitally convicted, 14 of whom were executed and one reprieved. Six were convicted of simple felony, and sentenced to be transported for seven years. Seven were acquitted; seventeen against whom bills of indictment had been found for capital offences, were discharged on bail; fifteen discharged by proclamation, and one indicted for a misdemeanor, discharged on finding sureties to try his traverse the next assizes.

On Saturday the 16th, the 14 unhappy men last convicted, underwent the awful sentence of the law, the three murderers having been executed the week preceding.— About eleven in the morning John Ogden, Nathan Hoyle, Joseph Crowther, John Hill, Jonathan Dean, Thomas Brook, and John Walker, were led to the place of execution. On their way from the cell to the drop they were engaged in singing hymns, which one of their number dictated in a very firm tone of voice.-After the usual devotional services on those occasions had

been gone through, and in which they all seemed to join with great fervency, Joseph Crowther addressing himself to the spectators, said, "Farewell, Lads!" and John Hill, another of the sufferers, said, "Friends! "all take warning by my fate! for three 66 years I followed the Lord; but, about "half a year since, I began to fall away: "I fell by little and little; and, at last, I "am come to this: Oh! take warning !" -After some further time spent in prayer, the executioner proceeded to discharge his duty. The platform fell; and a few moments closed the mortal existence of these infatuated and ill-fated men.-The number of spectators was unusually large, and seemed much affected.

About half-past one o'clock, the remaining seven unfortunate men, John Swallow, John Batley, Joseph Fisher, William Hartley, James Hey, Job Hay, and James Haigh, were led to the place of execution, where, after praying with the Clergyman a short time, they were launched into eterni ty. They all of them acknowledged the justice of their sentence; and sincerely hoped that their untimely fate might operate as an example to deter others from the commission of similar crimes.-The spectators were not so numerous on the second melancholy occasion, owing to the time of execution being altered from two o'clock to halfpast one. The entrance to the Castle, and the place of execution, was guarded by bodies of horse and foot soldiers.


The following are the number of families left by these unfortunate men, viz.-

John Ogden, wife and 2 children; Na than Hoyle, wife and 7 children; Joseph Crowther, wife pregnant, and 4 children; John Hill, wife and two children; John Walker, wife and 5 children; Jonathan Dean, wife and children; Thomas Brook, wife and 3 children; John Swallow, wife and 6 children; John Batley, wife and 1 child; John Fisher, wife and 3 children; Job Hay, wife and 7 children; William Hartley, (wife died half a year ago) 8 children; James Hey, wife and 2 children; James Haigh, wife, but no children.

TRIAL OF THE MARQUIS OF SLIGO FOR SEDUCING SEAMEN FROM THE NAVY. On the 17th December this case came on for trial at the Admiralty Sessions. It ap peared that in 1810, his Lordship being just come of age, visited Malta, where, through a letter of introduction from Admiral Martin, he became intimate with Capt. Sprainger, of the Warrior.

He pro

fessed a desire to visit the Greek Islands in a vessel which he purchased, called the Pylades, and which his friend, Capt. Sprainger, assisted him in fitting up. He was occasionally rowed to and from the vessel in the Warrior's gig, and took notice of the men who were employed in it. A few days before his departure these men were missing, which surprised Capt. Sprainger, as they were old seamen, and had a long arrear of wages due to them. It appeared by the evidence that they were made drunk by his Lordship's servants, and in that state. carried on board the Pylades, when their desertion was made known to the Marquis, who ordered them to change their names, yet when Capt. Sprainger visited the Marquis and hinted his suspicions, the latter upon his word and honour, denied the truth, and declared that he would not take or engage any such persons. Capt. Sprainger, relying upon this assertion, did not search the ship, but sent a description of the men to the Marquis, stating that the British navy was then two thousand men under its complement, and that he would be doing injury to the service by engaging of them. There were 14 men deserters from ships of war on board the Pylades, the remainder of the crew (50 men) being Italians. At Messina, the Marquis obtained a protection from the Admiral for all his crew, upon pledging his word that they were not deserters. Subsequently he was overhauled by a boat sent from the Active frigate, when he reiterated this pledge, but concealed the British seamen in the hold under his cabin, so that though he lighted

the two midshipmen in their search, they were not found. At the Isle of Scio, six or eight of these men went on shore by per mission, for several days; but the next day a signal being made for sailing, which they not promptly obeying, were left behind. At the intercession of his Majesty's Consul, who followed him out to sea, he took four of them back, but gave the others their clothes and paid them their wages. Two of these died at Athens, and two others reached this country. At Constantinople he wrote an acknowledgment of this affair to Captain Sprainger, saying, that his fortune would enable him to pay any fine.The Jury returned a verdict of Guilty, and the Court sentenced him to pay a fine of £.5000 to the King, and be imprisoned four months in Newgate. The Marquis denied by an affidavit that he knew the seamen be longing to the Warrior, were on board the Pylades, until after he sailed from Malta. He is a grandson of the late Lord Howe.



This case came on in the Court of King's Bench, on the 8th of December last. The Plaintiff was Robert Dundas, Esq. and the Defendant was a Nobleman, the representative of an ancient and respectable family, possessing, as was stated by the plaintiff's counsel, a fortune of not less than £.100,000, and who, by deep intrigue, had succeeded in alienating from the Plaintiff the affections of a beautiful and accomplished wife, who, till seduced by his arts, had been deemed a pattern for other wives in her rank of life. The Plaintiff it appeared possessed property in Sweden, of which country he was a nobleman, and on paying an annual visit to that country in June last, he left his wife at Wickham, under the protec tion of her sister, Lady Douglas, wife of Sir Howard Douglas; but on returning into this country in September, he found her li ving at an hotel in London, with Lord Sempill, where they passed as husband and wife; and it was proved by Mrs Sarah Walker, of Cumberland Street, London, that from the 21st of September, the day of the Plaintiff's arrival in London from Sweden, to the present moment, they had lived in her house and had constantly slept in the same bed. The Jury, after a few moments consultation, found for the Plaintiff, damages £.4000.


Thomas Shelton was tried at the Middlesex Sessions, on the 14th of September last, for assaulting and beating William Crocker, an officer of the police, in the execution of

his duty. Crocker stated, that at a late hour of the night-mentioned in the indictment as he was going his rounds, in company with another patrole, he perceived a man hanging from a lamp-iron, near Camden Town. Just as he approached, the rope gave way, and the prisoner fell to the ground. The witness instantly seized him, upon which he assailed the prosecutor with fury, struck him, and knocked him down, and but for the intervention of the other patrole, he must have been in imminent danger. He was secured, and it then appeared that he had consented voluntarily to be hanged, under the following circumstanees:-Another man and he had been gambling, first for their money, and at length for their clothes; and the defendant having lost both money and clothes, then staked his life, and agreed, that if he should lose that, his opponent should have the pleasure

land forces, from Great Britain to Ireland, and vice versa, upon the removal of regiments from one establishment to the other; and directing that, in future, every widow shall receive payment of her pension in the country in which she resides.

You will, however, be pleased to observe, that, in the first instance, every widow is to be placed upon the pension list of the establishment to which the regiment in which her husband was serving, at the time of his death, shall belong.

I have the honour to be, Sir,
Your most obedient humble servant,

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of hanging him. He lost, and accordingly H. E. Taaffe, Esq. v. the Right Honourable

submitted to be hanged; and his adversary, having tied him up to a lamp-post, left him to his fate; but the noose not having been fixed in a secure manner, it gave way, as above stated. The case being proved by `other witnesses, the defendant was called upon for his defence. He was a tall, welllooking young man, a labourer, and he acknowledged the material parts of the facts alleged against him by Crocker, and said, that he had been gambling on the night mentioned in the indictment, and lost his money and clothes, and then staked his life, which he also considered forfeited, and believed that he was in honour bound to be But he hanged, and therefore consented.

strongly denied that any assault was committed on the witness Crocker, until he, Crocker, had first assaulted him. The Court and Jury expressed the utmost astonishment at this singular case, and, after a few words from the Chairman, he was found guilty. As soon as the defendant was found guilty, his wife came into Court, and implored mercy for him, assuring their Worships that she would be answerable for it that he should never desire to be hanged again! The Bench became unanimous in the merciful judgment of granting the female pleador the full liberation of her husband,



War-Office, 30th Nov. 1812. SIR, I have the honour to transmit herewith, for your information, a printed copy of the Prince Regent's warrant of the 26th September last, abolishing the former practice of transferring the payment of the pensions of the widows of officers of the

W. Downes, Chief Justice, &c.

It will be recollected, that the prosecutor in this case, who is a rich Catholic banker in Dublin, was, along with several other gentlemen, arrested under the warrant of Chief Justice Downes, charged with having acted as delegates to the Catholic Committee, in defiance of the proclamation of the Lord Lieutenant, and of the Convention act.. They, in consequence, brought actions of assault and false imprisonment against Mr Downes.

Mr Downes had put in his plea to Mr Taaffe's declaration, and thereby contended that he was entitled, as Chief Justice of the King's Bench, to issue his warrant, and to commit Mr Taaffe tho', without any charge or information whatever! To this plea Mr Taaffe's Counsel, of course, demurred. The Demurrer having been previously argued, the Court was to have given judgment upon it on the 20th of November. On that day, Lord Norbury stated, that, as a difference of opinion, with respect to the judgment to be given, prevailed among the Judges, it was necessary, in order, if possible, to procure unanimity on a subject of such mag. nitude, to hear another Counsel on each side.

On the 24th of November, therefore, the case was again argued by Mr Radcliffe on the part of the Chief Justice, who was replied to by Mr Byrne. The Court then intimated, that they would not give their decision till next term. It is said the Court is completely divided in opinion on this question; Lord Norbury and Judge Mayne (as is understood) being favourable to Mr Downes; and Justice Fox and Justice Fletcher being of opinion, that Mr Downes' plea is bad, and untenable in law.


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IN our Number for September 1812, we

noticed that a petition and complaint had been given in to the Presbytery in July last, by the Reverend Mr Garnock, one of the ministers of Canongate, against certain proceedings of the Kirk-Session of Canongate, on the 19th of June, whereby they deprived Mr James Clephane of his office of elder and member of that body. No appearance was made in July for the KirkSession, and the matter was delayed till the meeting in August.-At the meeting of Presbytery in August, a petition was presented from Mr Clephane, complaining of the usage he had received from the KirkSession, and praying relief.-James Wedderburn, Esq. Advocate, appeared as counsel for Mr Clephane, and stated his case in a forcible speech. Mr Garnock, also, complained, that though he had lodged his reasons of dissent and complaint with the Session-Clerk, he could neither procure the original or a copy of that paper. As no appearance was made for the Kirk-Session, it was moved and agreed to by the Presbytery, that the Kirk-Session of Canongate should be summoned to attend the next meeting in September. That the minutes of the KirkSession, since March 1811, should be laid before the Presbytery, and that the SessionClerk should be summoned to appear and produce, at the same meeting, the original, or a copy of Mr Garnock's reasons of dissent, which had been lodged in his hands.

On the 30th of September the case again came before the Presbytery, when the Session-Clerk of Canongate appeared, and was heard in his own defence with respect to Mr Garnock's dissent,-Upon a motion, which was carried, he was ordered to be admonished by the Moderator to be more correct in future with respect to papers lodged in his custody.-Parties were then called to the bar, when the Reverend Mr Garnock was heard in support of his reasons of dissent and complaint. James Wedderburn, Esq. for Mr Clephane. Henry Cockburn, Esq. for the Kirk-Session, and the Reverend Dr Buchanan for himself.— After a discussion of considerable length Jan. 1813.

among the members of Presbytery, it was unanimously agreed to delay the cause till the last Wednesday of October, and in the mean time they ordained the Kirk-Session of Canongate to give, at said meeting, a condescendence of Mr Clephane's alleged improper actions, which had been referred to in the sentence of the Session, and on which it proceeded.

At next meeting of Presbytery, on the 28th of October, the cause was again resumed. A condescendence was given in for the Kirk-Session, which was read. A long discussion took place as to the manner in which the Presbytery should proceed; but it appearing in the course of debate, that no regular meeting of the KirkSession had taken place since they were ordered to give in their condescendence—that it had been framed by a committee of the Session, and that it was only signed by Mr Cockburn, their Counsel; it was ordered by the Presbytery, that a meeting of the Kirk-Session should be called to prepare a condescendence in terms of the remit of last Presbytery, and to serve the same on Mr Clephane, or his agent, at least ten free days before the meeting of the Presbytery in November. The cause was then delay. ed to the last Wednesday of November.

Accordingly on the 25th of November the cause was again called, when there was laid before the Presbytery the minutes of the Kirk-Session, and a condescendence from that body; and, also, a complaint from the Reverend Dr Buchanan against Mr Garnock, for being present at a meeting of the Kirk-Session of Canongate, while they were employed in bringing forward their condescendence, he being a party in the cause, and for using language at that meeting tending to influence their proceedings; and likewise a protest by three elders against the proceedings of the Kirk-Session, for adopting the condescendence. Mr Cockburn was heard in support of Dr Buchan an's complaint, and Mr Garnock in defence of himself. A debate took place of some length, in which a considerable difference of opinion prevailed; but it was at last agreed that the complaint should be withdrawn, which was done accordingly. The protest of the three elders was then entered into, and after some discussion it was agreed to admit them as parties, and hear them


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