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the particulars), it was impossible to refit for sea on that night. Three or four minutes after he gave his message on board the Genoa, the Vice-admiral asked him if he was an officer of the Genoa, and on his replying in the affirmative, he inquired how captain Bathurst was, and he answered that he was still living, but without the slightest hope of surviving through that night. He then asked, if he thought it would be any satisfaction to captain Bathurst, if he were to go on board and see him, when witness said, he thought it would gratify and console him. He then asked where his (lieutenant Sturt's) boat was; he replied she was in a sinking state, full of water, with only two men in her. The Vice-admiral replied, "never mind, I have no boat at all, and I will go with you." They were proceeding together to the gangway, when a full-manned cutter from the Albion came alongside, and the admiral descended into her, and proceeded on board the Genoa; witness following in his own boat. He could not say whether his message was or was not delivered to the admiral. When the latter came on board the Genoa on that evening, he perfectly well remembered captain Dickinson, when he joined the admiral, apologizing for not having been present to receive him when he came on board; but his attention was at the moment called away, and he did not hear any further conversation except the captain's telling the admiral that he had been looking after the quarters, and getting them ready for further action, to which the admiral answered, he could not be better employed. Witness took the admiral back to the Asia, and while descending into the boat,

he heard sir Edward Codrington express his approbation of the fine style in which the Genoa was fought; his words, as well as he recollected, were in praise of the fine, or beautiful, position taken up by the ship, and the gallant manner in which she had maintained it. On the morning after the battle, witness said, he was compelled to be placed on the sick list, in consequence of a wound which he had received in the action.

Seventeenth Day-Monday.

At the meeting of the Court, at nine o'clock this morning, Mr. Minchin tendered a medical certificate on the part of his client, captain Dickinson, attesting the fact of his illness from cold and fever, and his consequent inability to attend this day. The Court was cleared for about an hour, when, on the re-admission of strangers, the assistant-surgeon of his majesty's ship Victory was deposing to his having seen captain Dick- ́ inson, who could not safely expose himself to the weather this day. He thought that probably he would be able to attend to-morrow, to which time, at ten o'clock, the Court adjourned.

On the subsequent day various witnesses were examined to disprove the charges.

On the 18th day of the investigation captain Dickinson closed his

case.

The Court here recalled captain Smith, and he was examined as follows:

The President.-I wish to ask you, captain Smith, a question which I once asked you before, and which not being fully explained, I had hoped we should have obtained

information upon it from some of the other witnesses; that not being the case, I am now under the necessity of repeating it to yourself, and the Judge-advocate will read the particular question to you.

The Judge-advocate put it as follows:-It appearing from the evidence of the officers of the Asia, that the Asia silenced the fire of her opponent, a Turkish eightygun ship, in the space of one hour from the commencement of her fire upon her; and it appearing also from the evidence of the officers of the Genoa, that the Genoa was placed in the best possible manner for firing upon her opponent, a Turkish seventy-four; and the master of the Albion having given in evidence that the fire of the Genoa was worthy of a British man-of-war, and it appearing also in evidence, that the Genoa was engaged with her opponent for three hours and a half or four hours, before the fire of the latter was silenced, I wish to know to what cause you attribute it, that, under nearly similar circumstances, there should have been so great a difference in the effect of the fire upon their respective opponents, as appears was the case with respect to the Asia and Genoa?

In

Before the question just put by the Judge-advocate could be answered, the President said, "I ask you this question as an officer who has paid, and properly paid, the minutest attention to every thing which occurred at the time. deed, under any circumstances, I should appeal to you, not only for answers to particular questions, but for any general narrative of whatever fell under your observation in this action, from the manner in which you have already spoken of all the events."

Captain Smith.-Sir, I have no means of accounting for it, except as matter of opinion. I had expected that the fire of our opponent upon the Genoa would have been totally silenced before the action was half over; and I remember remarking to captain Dickinson something to this effect:

"What a tremendous licking this fellow takes," when I thought he had had enough of it. I can only account for it as a matter of opinion this way :--After the springs of our opponent were shot away, the springs and cables of the Asia's opponent were also shot away, and the Asia's opponent had swung inshore of our's, and athwart her hawser, being then unable to bring a gun to bear; and at that time Ï think the Asia's opponent's crew had joined our opponent's ship, and fought on, for in fact she never struck; her flag was always flying somewhere-over her side, when shot away elsewhere. We heard afterwards she was as perfect a wreck as could swim; her beams cut, her bolts falling through, and every thing gone. This we heard from an officer of the Albion, who had afterwards gone on board her. I can only, I say, account for her obstinacy, by the crew of the one ship joining the other, when their own guns could no longer bear. I ought to add, respecting the relative force of the Asia and Genoa, the Asia had thirty-two-pounders throughout, while we had much less.

The President.--What was the relative difference of metal between your respective opponents, both as to weight and number of guns?— To the best of my recollection, the Asia's opponent was an eighty-four, our's a seventy-six, and as to the difference of metal between them,

I am not aware of any, so as to speak positively. Our opponent had the only gun in the fleet for throwing a stone shot.

The President. That would account for the damage done by her to the Genoa, but not by the Genoa to her.

Witness. I am quite aware of that, sir. I was merely stating what I heard to be a fact.

Do you know what was the weight of metal upon the decks of the ship opposed to the Genoa?— To the best of my belief she was heavier on both decks than the Genoa.

What is your reason for that supposition?—From the diameter of the shot, throughout, which we generally received.

Do you know that she had heavier shot on her main-deck than our eighteen-pounders?-I cannot speak positively, but I do not remember that any of the shot that the Genoa received was of the diameter of an eighteen-pounder, but exceeded it.

Did you make the same remark upon the shot proceeding from her lower deck?-Yes.

Do you know whether any of her shot was ever weighed on board the Genoa?—I will not speak positively, but I think I weighed some myself.

In what manner was your opponent armed upon the quarter-deck and forecastle?—I will not speak positively, but I think with carronades.

Have you ever been in action with a French man-of-war?Never.

Was the fire kept up by your opponent unceasingly, or in the manner the Turks sometimes do, stopping at considerable intervals. I know, continued the President,

after the first broadside or two, they sometimes go on after a quarter or half an hour, but how was it on this occasion?-It was not an incessant fire-they stopped several times-their fire was not so good as ours-while they, I recollect, ceased at frequent intervals.

Admiral Otway.-When your opponent ceased firing at these intervals, did the Genoa knock off firing also?-I cannot positively say that our firing was wholly stayed, because her colours were never struck-I mean there was no total cessation throughout the ship.

What was the diameter of the smallest round shot that struck the Genoa from her opponent?-To the best of my recollection, five and a half-but by looking at my paper I can tell you exactly. (Here he was permitted to look at his paper, after which he said) There were two at four and a half, I sce, (which were twelve-pound shot ;) the greatest diameter was seven and a half, except the stone shot, which was ten and three quarters.

Sir H. Blackwood.-The Turkish ships have shots of different diameters on all their decks.

Captain Elliott.-Where did the seven-and-a-half strike?—At the counter, at the larboard side, I think.

And the four-and-a-half shot, where?-One at the lower deck; I forget where.

Where did the stone shot come in?-1 think it was a sixty-eight pounder, which went right through the starboard side, and embedded in the larboard.

Nineteenth Day-Wednesday.

The Court assembled at nine o'clock this morning, and immediately proceeded, with closed doors,

to go through the principal parts of the evidence, which were read by the judge-advocate from his notes; a duty which occupied him for the space of seven hours. The following day was entirely spent in deliberation upon the judgment, and the length of the consideration was rumoured chiefly to appertain to a difference of opinion upon the point of adding epithets, by way of characterizing the sense entertained by the Court of the nature of the charges. On Thursday, September 17, at four o'clock,

The judge-advocate read the judgment, which was as follows: "Pursuant to an order from the right hon. lords commissioners of the Admiralty, dated the 18th day of July, 1829, and directed to the president, setting forth that their lordships had received from Vice-admiral sir Edward Codrington three letters, of the dates stated in the margins, setting forth the particular instances in which he had reason to disapprove of the conduct of captain Richard Dick inson, C. B., on board his majesty's ship, Genoa, during the action that took place at Navarino, on the 20th of October, 1827, after he had assumed the command of the said ship, in consequence of captain Bathurst being wounded and taken off the deck; and of his subsequent conduct on board the said ship until his arrival at Malta; the Court proceeded to inquire into the conduct of captain Richard Dickinson, C. B., on the occasions stated by the Vice-admiral in his said letters, and to try him for the same; and having heard the evidence produced in support of the charges, and by the said captain Richard Dickinson in his defence, and what he had to allege in aid thereof; and having maturely and

deliberately weighed and considered the whole,

"The Court are of opinion, that the charges have not been proved against the said captain Richard Dickinson,-that the charge stating that the account of the battle given in the Genoa's log-book, erroneously implies that the Genoa had three Ottoman ships of the line opposed to her on the starboard side, three 60-gun frigates on her larboard side, and a-head; a double-banked frigate a-stern,' is frivolous and groundless.

"That the return made by captain Dickinson, that captain Bathurst was killed in action, knowing that he did not die until many hours after the battle was over,' was made without the slightest appearance of any improper motive.

"That the charge, stating that the Genoa continued firing after the battle was over, at the risk, and to the probable injury of the allied ships, until hailed from the Asia to cease, 'is vexatious.

"That the letter presented by captain Dickinson to sir Edward Codrington, purporting to come from the crew of the Genoa, and desiring that Vice-admiral sir E. Codrington would appoint him in preference to any other officer to succeed captain Bathurst, as captain of the Genoa, appears to be a petition, which was presented without any improper motive being imputable to captain Dickinson; but in presenting which, he was guilty of an impropriety for which he has already received the reproof of his commander-in-chief. And the Court doth adjudge the said captain Richard Dickinson to be honourably acquitted, and he is hereby honourably acquitted accordingly."

Sir Robert Stopford, the President, then rose and said, "Captain Dickinson, I have the honour of returning you the sword which you have worn, and which has not been dishonoured in the service."

Captain Dickinson, in receiving it, made a low bow to the Court, and the members instantly withdrew, the President having said, "This Court is now dissolved."

CORK SPECIAL COMMISSION. Conspiracy to Murder.

Friday, Oct. 23.

Mr. Baron Pennefather and Mr. Justice Torrens having entered the court, the prisoners were placed at the bar, and the clerk of the Crown called on them to say if they were ready for their trials. They all answered that they were; the panel of jurors were called over, and many of them were challenged. The jury having been sworn, four of the prisoners, John Leary, James Roche, James Magrath, and William Shine were put to the bar, charged with a conspiracy to murder George Bond Low, Michael Creagh, and Henry Evans, esqrs. In one of the counts, John Leary stood indicted for soliciting, encouraging, and inciting David Sheehan to the commission of the said murder.

The Solicitor-general stated the

case.

David Sheehan, an approver, was the first sworn. Knew John Leary, of Rossas, the prisoner at the bar; met him at Ned Roche's public-house, in Doneraille, but had previously met him on the road, near Rossas, where he lived; had a conversation with him; desired him to meet him (the prosecutor) on Wednesday or Thurs day, at Roche's public-house, as

"the boys" would be there to see him; witness went there, and saw Leary, Shine, Owen Hickey, Michael Wallace, Charles Daly, John Magner, and Timothy Connors; 'twas late in the evening when they met, and had drink; all the people were within before him, and Leary was the first man who spoke to him. He presented him with a tumbler of porter, and then asked "the boys" if they were ready to do what they promised, and they said they were; on which he (Leary) drew out a piece of paper, and signed his name, and then desired them to do the same. He then pulled out a book, and swore them; the words were to "shoot Mr. Low," which they all agreed to; it was decided that Leary should send them notice, and they were "to be ready, unless they were sick or sore;" witness himself was sworn at the time by Leary. Never went with any of the party who agreed to fire at any of the three gentlemen. Wm. Shine was the first person who took the book, and said that "he would be the first man to kill captain Creagh, who transported his brother." They all then swore, and agreed to kill the three gentlemen-adm. Evans, Mr. M. Creagh, and Mr. B. Low. Recollects having heard of Mr. Low being fired at. Knows a man named James Magrath, who is a cousin of the witness. Knows James Roche; both are in the dock. After the firing at Mr. Low, he met Roche near Mr. Nagle's, at Wallstown, where they talked about firing at him, and Roche said, it was unfortunate that they had missed him, but that in a short time they hoped to be more successful in killing him. Witness was not taken up for this offence, he surrendered himself,

William Nowlan.-Was sworn

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