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the private signal, which, on her not answering, made the signal “ to have ships particularly clear for action.” At that time we were about a mile a-stern of the Streatham, blowing fresh, upon a wind, carrying all possible sail to close with her. About quarter past six, the fligate came abreast of our starboard quarter near pistol shot distance, hoisted her French colours, and fired a shot, and immediately on hoisting ours, a broadside, which we immediately returned. She kept abreast of us, at that distance, for near forty minutes, keeping up a constant fire, which we did also, though latterly, the carronades on the quarter deck were all dismounted, and the three foremost guns on the gun-deck reported to me unserviceable. The frigate then passed ahead of us, crossed us, and gave us a raking broadside, and made for the Streatham. I persevered in carrying all possible sail in hopes of acting with the
Streatham, though we were very much
damaged both in sails and rigging. Our fore-top-sail-yard was in two, the jib and stay-sails in atoms. Two shot through the fore-mast. Four of the starboard, and two of the larboard, fore shrouds gone, the top-gallant sails, top-sails, braces, and bowlines, all almost useless. We got the yard tackles down, and got the sails to rights, as well as the time would allow, so as to endeavour to bring our larboard guns to bear, which, as soon as we could, we commenced again. Near eight o'clock he wore from the Streathain, gave a broadside in passing to the Lord Keith, and came round on our larboard quarter, backed his main-yard, and continued firing at us for about ten minutes, during which time we returned it whenever a shot would tell ; he then made sail and stood to the N. W. About twenty minutes after eight, I hailed the Streatham, and
Captain Dale told me he was obliged
to strike. The Lord Keith, at this time, had made all sail upon a wind to the southward, in appearance not the least damaged,—it struck me immediately that the only possible means we had
intention of following
now of escaping, and likewise the only means of assisting the Lord Keith of doing the same, was, by keeping before the wind, and every exertion was made to repair our damage, and to set as much sail as our domaged state would admit : though at that time we had four feet water in the hold, and gaining on us fast. At a quarter before nine the frigate tacked and stood for the Streatham, to take possession of her; some time after I perceived her us – I then called a consultation of my officers, with the two senior merchants on board, Alexander Wright, Esq. and Cecil Smith, Esq. and captain Bean of his Majesty's 17th regiment, passengers; who were all unanimously of opinion, that any further resistance from our disabled state (and at that time six feet water) would be fruitless ; I then ordered all packets and papers to be thrown overboard, and at ten o'clock, the frigate being near gun-shot, and the Lord Keith almost out of sight to windward, I was under the painful necessity of ordering the colours to be struck : and I trust, Sir, his lordship in council will do me the honour to believe, that it was not before every exertion, on our part, was made for the defence of the ship, that the colours were struck to a force so go or our superior, as our total nut, be, of British was only forty-one, foreigners thirty-one, and lascars fifty-six. I have the pleasure to inform you, that Mr. Hardyman, chief-officer, as well as Messrs. Jackson, Hall, Charetir and Mills, did their duty in a most handsome manner. The petty officers and the Europeans did, also, behave with great courage; but as for the lascars they were only in the way. I am sorry to add, we had two seamen killed, Thomas Roberts and John Harmony, and one lascar wounded. o I have the honour to be, Sir, Your most obedient servant, W. Gelston, Late com. H. C. ship, Europe.
Isle of Bonaparte, Sept. 5, 1809.
Extract of a letter addressed to his excellency general Decaen, captaingeneral, &c. by M. Ferretier, lieutenant de vaisseau, and commanding his majesty's frigate, the Caroline. GENERAL,-I have the honour to acquaint you, that on the 22d of July, I entered the bay of St. Paul's with his majesty's frigate Caroline, and two ships of the English East-India company, namely, the Streatham and Europe, which I captured in the bay of Bengal. These two vessels are very richly laden: their cargoes consist in principal part, of 1098 boxes of indigo, 1514 bales of piece-goods, 1843 bales of silk, 1 1,000 bags of salt pette, and 25 bales of handkerchiefs. Extract from the log book of M. Ferretier, commanding the Caroline frigate. * MAY 31.—Being in lat. 9" 15 N. and 87. 20. East, 3 three-masted vessels were discovered to leeward, bearing N. N. E. distant about 3 leagues, on their starboard tacks, with all sail set. Towards five A. M. having made my dispositions to engage, I steered for the strange ships, which continued on their course without alteration :on approaching, they made private signals to us; which not being answered, they made signals to one another. I then discovered them to be company's ships, each with a tier of guns, and carronades on their upper deck. I immediately stationed my people at their quarters. The high contidence and enthusiasm that prewaiied throughout my ship's company, assured me of success in the unequal attack that we were about to make. “At six A. M., being within short musquet range of the stern-most ship, we hoisted the French flag, which was saluted by all my officers and men, with three cheers of long live the Emperor and the engagement began. Our fire was so supported that this vessel, after having fought for 40 minutes, sought to withdraw from the reach of our guns, in order to repair her damage. Her fire was at first brisk, but slackened towards the end. This ship was
completely disabled; and seeing the impossibility, in her condition, to escape, I steered for the ship a-head, which bore the flag of commodore. I manned the starboard guns, with orders not to fire 'till within pistol shot. At 10 minutes before seven, after engaging her for an hour, during which time the two other vessels neared us, and gave us several broadsides on the larboard quarter. “At half-past 7, I had the misfortune to lose the master, M. Vandercruce, an officer of distinguished merit. His head was carried off by a cannon shot, while at my side on the quarter deck. The same shot took off the half of my hat, and wounded me in the cheek. I instantly called M. Rabaudy, the officer second in command, on the gun-deck, to replace M. Vandercruce. At eight o'clock, our fire having been uniformly kept up with the utmost spirit, the commodore's ship struck her colours. Upon this, I took on board my larboard tacks, and made for the other two ships, and running along side, began to engage them. I ran particularly close to the vessel a-head, and our two first broadsides were so well directed, that she shamefully took to flight. The second vessel being on the opposite tack, gave us two broadsides, and stood before the wind; we then stood on the same tack with her, and passing at a short distance from the vessel that had already struck, I determined to take possession of her immediately, and sent Monsieur V. Rabaudy on board with order to take charge and continue in command of her. As soon as he got on board, he sent the English captain and officers on board the frigate. I then hoisted in my boat, and stood for the disabled vessel, which was now to leeward, and endeavouring to make off, her colours still flying. This ship, finding that we were standing towards her, and coming up very fast, hove to, and struck her coiours. I sent on board M. I.)e, planches to take command of the prize. The report, which he had made to me of the bad condition of this vessel, having received three shots between wind and water from which she had made 12 feet water, and the damage that the other prize had sustained in her masts and rigging, obliged me, to my great regret, to permit the third ship, which was already three leagues to windward, to escape. “We then proceeded to shift the prisoners and their baggage, from the prizes to the frigate. The number of European prisoners, on board the two ships, amounted to 200. The pumps of the Europe were unable, with the few people that were on board, to keep her free, I therefore sent M. Bazin on board, with a strong gang of hands from my ship's company, to give all the assistance that was necessary. “The zeal, with which M. Bazin and the officer commanding, applied in repairing the damages of this ship, put her in a condition to reach this island. I also sent a party on board the Streatham to repair her damages. Having employed two days to place these two ships in a state to proceed, I finally determined to convoy them to these islands. The Streatham being in condition to keep her guns, of which she had 36 18-pounders, I put on board a party of French seamen, in order that M. Rabaudy, who was in command, might assist me, in case of meeting with an enemy. The Europe had the same complement of guns as the Streatham, but having been obliged to throw a great part of them overboard to lighten her, I sent no more hands on board that vessel, than were sufficient for her safety.” There are two mis-statements in captain Ferretier's account—the first, where he says, there were 200 Europeans on board the two Indianen. Instead of Europeans, he probably intended to say 200 Christians; men, women, and children, all of whom, including the Asiatic, Portuguese, and Manilla men, probably did amount to 200; but the chief part of the crew of both ships was composed of lascars and Chinese. The second misstatement in his account is, that the Streatham had 30 guns, 18-pounders. She had certainly 26 ports, but only 20 guns on her gun-deck, and 10 on her quarter-deck. It was, however, of
little consequence what was the number of her guns. Of what avail would have been an hundred guns with 28 men to fight them : Ertract of a letter, received at Calcutta, on the 25th November. LooDEAUNAH, Oct. 31.---Jund Sing is ti chief, who has extensive possessions on the banks of the Jumma, but is strictly attached to the cause of Rurjeit, and has been constantly with him in command of a large body of horse. His people lately took possession of two very strong fortified towns, within six marches of this, to which he had no claim; and as we were sent here to prevent such unlawful transactions, colonel Ochterony, on application from those who were driven out, demanded of Jund Sing's people the restoration of those towns. But it soon proved, that words they treat as empty sounds, and stronger measures were in consequence resorted to... On the 20th a detachment marched, consisting of one squadron and galloper, three companies of the 23d, and a brigade of guns. They arrived before the place (Kunnee by name) on the 25th, and proceeded immediately to the attack of the gateway. But, as misfortune would have it, the precantion of stockading it had been taken, and the work performed skilfully by the defendants. After making several attempts, and remaining for a great length of time under a very guiling tire of musquetry, the party was obliged to retire; having three sepoys killed, and captain Bridge of the 23d, two ouropean artillerymen, and 37 sepoys wounded. An express was its mediately dispatched for a reinforcement, a d on the 27th, at half past 11 A. M. one troop, with four companies, two 18 pounders, and all the artillerymen belonging to the detachment, marched to their assistance. The day after the repulse, a very five, plausible fellow, came into capt. Coxton, who commands the detachment, and said, -“ How unfortunate it is, that I, who had power to save this effusion of blood, did not arrive in time !” He immediately applied for a truce of four days, that matte:
Dec. 4.—This day being appointed for the commencement of the halfyearly sessions of Oyer and Terminer, and generai gaol delivery, for the town of Calcutta, and the territories thereon depending, the court assembled a little past nine, A. M. and, after the usual preliminary ceremonies, the following gentlemen were chosen by ballot, to serve as grand jurors, viz. – Robert Brown, William Kinloch, Josias Dupre Alexander, Archibald Kelso, Thomas Hickey, Robert Home, Henry Wood, William Biodie, Eneas Mackintosh, Thomas Dupré Porcher, M. Henry Turnbull, James M*Taggart, Robert Morrison, I, Alexander Lavidson, William Petrie, William Hollings, Matthew Lumsden, Patrick Stewart,
lord chief justice, to the following effect : Gentlemen of the Grand Jury, I am extremely sorry to observe that the number of offences on the calendar, for the present sessions, is considerably greater than usual, and that many of those offences are of a very heit ous nature. In none of them, however, are there any difficulties whatever in point of law; and I will not, therefore, waste your time unnecessarily, by entering into them at large. There are, in the first place, five cases of homicide, which may perhaps difier from each other in degree, but can present no variation, with which you can have any concern. It is not your business to say, whether the prisoners be guilty or not, but whether or not they ought to be brought to trial. It is fit that the accused should be tried, in order that, if guilty, he may receive the punishment due to his crime:— it is, also, sometimes fit that he should be tried, in order that he may have an opportunity of proving his innocence. Besides the cases of homicide, you will have to investigate two cases of assault, with an intent to murder. In these, the particular nature of the assault, (that is, the intent to murder) will, prebably, be susticiently proved by the nature of the instrument with which it was perpetrated. There are, also, two cases of commitment for coining,an offence, which, I fear, is but too common here, though it has not frequently been prosecuted. The punishment of this crime, I presume, is not the same here as in England; but the nature of the crime istclf is exactly the same, and your duty is the same. Though the mere possession of instruments for coining be not in itself a crime, the discovery of such instru
ments in the hands of the accused, is the strongest circumstantial evidence that can be imagined of his guilt. On a charge for murder, the finding a pistol, cutlass, or other weapon, in the prisoner's possession, can weigh but little ; for those are implements in common use; but it is next to impossible that such articles as dyes for rupees, or instruments for milling money, should be possessed with an innocent intention. Lastly, there are two cases of larceny, which have nothing in them peculiar, except in so far as they are aggravated by having been committed by servants on the property of their masters. Besides these cases, which come before the sessions
of Oyer and Terminer, there are two
admiralty cases, of which you have equal cognizance; the jurisdiction of this court, with respect to crimes of that description, being now co-extensive with these seas—one is a case of murder perpetrated on the high seas by two Malays; the other a case of piracy, committed in forcibly seizing and taking away the brig, Malacca, and plundering her cargo. All these cases will be supported by such evidence as cannot leave a doubt on your minds with respect to the duty which you have to perform. From that evidence alone, and from your own personal knowledge, can you derive such information as will enable you to make a legal preSent Innent.
MADRAs Occurrences for JAN UARY, 1809.
JAN. 19.-Intelligence has been received of the loss of his Majesty's frigate, Greyhound, captain Pakenham, on the coast of Luconia. Only one seaman suffered on the occasion. Captain Pakenham and the crew had arrived at Manilla, and proceeded thence in cartels. The captain, and 150 men, embarked on board the Discovery, which was unfortunately captured by two French frigates. The remainder of the crew escaped, in the Diana, to Penang. Address of the officers of his Majesty's 22d dragoons to his excellency lieut.gen. Hay Macdowall, &c. SIR,--The officers of his Majesty's 22d dragoons, duly appreciating your public and private character, and anxious to give you a proof of their sincere respect and regard on your departure from India, request your acceptance of a sword, which they do, under the firm conviction that, in your hands, it will never be drawn without cause,
or returned without honour. * † — — . . rv.
In conveying these the sentiments of the corps to you, allow me to assure you, general, of the respect and truth with which I am Your very faithful servant, (Signed) J. H.A.R.E. Lieut.-col. 22d regt. drs. Arcot, Jan. 15, 1809. To lieut.-col. Hare, commanding H. M. 22d L. D. SIR,--I have been honoured with your
letter of the 15th instant, and request
you will assure the officers of his Majesty's 22d regiment of dragoons how highly I feel flattered by the distinguished mark of regard and approbation which they propose to honor me with ; I shall accept with pride and gratitude the sword you have been so good as to offer me, and which I trust will never be wielded but in a just cause, for the service of my country, and in supporting its honour and dignity. In whatever part of the world I may hereafter be employed, be assured, I shall ever retain the miost