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Article TRIAL OF VICE-ADMIRAL CORNWALLIS. ← Page 2 of 4 →
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Trial Of Vice-Admiral Cornwallis.
sing necessity , and another to decide after the event had actually taken place ; that acting from , his judgment , he had a right to a fair discretion was evinced by fresh marks of confidence from the Admiralty , after his arrival at Spithead ; that on receiving the order to go out in the Astrea , convinced that his doing so , would render him more fit for an Hospital than a command , he had written to Lord Spencer , not to say he would not go , but that he requested to be permitted to wait till the Royal Sovereign was repaired ; that he conceived this proposal would have been acceded to , or refused ; and that it was impossible to aicuse him of disobe-: dience to the
order , till the reply-to his request should be received : but no reply having been given , he did not stand in the situation of an Officer justifying the disobedience of orders ; that the expressions of sailors should least of all men be subject to criticism ; that the system of British law was calculated , not to entrap , or entangle in snares , but ivas built on justice tempered by humanity . Captain Whitby proved that Admiral Cornwallis had consulted him on the possibility of repairing the Royal Sovereign in the West Indies , and had expressed great concenionexaminih gtheCharts & to find it could not be donehelikewise
c . : swore , from his knowledge of the Admiral ' s health , that he thought itwouldhave been injured by his going out in the Astrea : Mr . Alexander , the Master , and Mr . Kaine , the Surgeon of the Royal Sovereign , gave their testimony to the same effect . - This day ( April <) J the Court being assembled , delivered its sentence as follows . SENTENCE . 1 " c ' - '• 'he . Court is of opinion , that misconduct is imputable to the Vice-admiral , for not having proceeded to the West Indiesin the-Mars Minotaurafter
( | , , or , ^ the damage the Royal Sovereign sustained ; but in consideration of the circumstances of the case , do acquit him of any further censure thereupon ^ And the Courtis also of opinion , that the charge of disobedience ofthe order J of the Admiralty , of the 15 th of March last , declining to proceed to Barbadoes , in the Astrea , is not proved ; they therefore , acquit him thereof accordingly . " . - , - .. ' ADMIRAL CORNWALLIS ' S flag was flying on Board the Royal Sovereign ! during the Whole of the Court Martial . .
Fxeter , April 10 . A few days ago Thomas Wilson ,-alias Mountain , was executed at / he' Drop over the Lodge of the new County gaol , pursuant , to his sentence , for robbing the house of Norman M'Caslin , at Plymouth Dock , of three pair of silver knee-buckles , and sundry other articles . Since his confinement he has several times attempted to break prison ; and ( after his condemnation ) he made a hole through a brick-and half-partition , large enough for him to pass into the chapel gallery , from which he astonishingly ascended into another ten feet abovewith fetters nearly weihing jolband so formed as not to permit foot
, g , . one to step six inches before the other . Here he broke through a plaister partition , and thus got" over the brick deling of all the cells , ' and . immediately under the roof of the whole building , where he was overheard and soon secured . . Searcliin " him , a hooked nail and a bit of tin plate were found . The bit of plate he had whetted to a very keen edge , as a knife to cut up the stout canvas cover , of . his straw bed into long strips . These he had twisted and strongly tied together , so as to form a very stout rope nearly forty feet long , whereby he intended to have made his descent from the roof intothe
, surrounding yard . He was afterwards coniirie ' d in a room on the ground-floor so chained that he could reach no wall , and a guard constantly with him—since which his conduct has been a mixture of rage and disappointment , very unbecoming his unhappy situation . He was broughton the platform about twelve o ' clock , where he spent some time in addressing the crowd ; after which he . twice called out aloud , " God save the King 1 " threw aside his book , and was launched Into eternity . , 2 i . The Admiralty received accounts , that the gallant Sir Sydney Smith followed , in his boats , a French lugger privateer ' which he had driven into the Port of Havre , and which lie there boarded ancl took ; but by a combination of events .
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Trial Of Vice-Admiral Cornwallis.
sing necessity , and another to decide after the event had actually taken place ; that acting from , his judgment , he had a right to a fair discretion was evinced by fresh marks of confidence from the Admiralty , after his arrival at Spithead ; that on receiving the order to go out in the Astrea , convinced that his doing so , would render him more fit for an Hospital than a command , he had written to Lord Spencer , not to say he would not go , but that he requested to be permitted to wait till the Royal Sovereign was repaired ; that he conceived this proposal would have been acceded to , or refused ; and that it was impossible to aicuse him of disobe-: dience to the
order , till the reply-to his request should be received : but no reply having been given , he did not stand in the situation of an Officer justifying the disobedience of orders ; that the expressions of sailors should least of all men be subject to criticism ; that the system of British law was calculated , not to entrap , or entangle in snares , but ivas built on justice tempered by humanity . Captain Whitby proved that Admiral Cornwallis had consulted him on the possibility of repairing the Royal Sovereign in the West Indies , and had expressed great concenionexaminih gtheCharts & to find it could not be donehelikewise
c . : swore , from his knowledge of the Admiral ' s health , that he thought itwouldhave been injured by his going out in the Astrea : Mr . Alexander , the Master , and Mr . Kaine , the Surgeon of the Royal Sovereign , gave their testimony to the same effect . - This day ( April <) J the Court being assembled , delivered its sentence as follows . SENTENCE . 1 " c ' - '• 'he . Court is of opinion , that misconduct is imputable to the Vice-admiral , for not having proceeded to the West Indiesin the-Mars Minotaurafter
( | , , or , ^ the damage the Royal Sovereign sustained ; but in consideration of the circumstances of the case , do acquit him of any further censure thereupon ^ And the Courtis also of opinion , that the charge of disobedience ofthe order J of the Admiralty , of the 15 th of March last , declining to proceed to Barbadoes , in the Astrea , is not proved ; they therefore , acquit him thereof accordingly . " . - , - .. ' ADMIRAL CORNWALLIS ' S flag was flying on Board the Royal Sovereign ! during the Whole of the Court Martial . .
Fxeter , April 10 . A few days ago Thomas Wilson ,-alias Mountain , was executed at / he' Drop over the Lodge of the new County gaol , pursuant , to his sentence , for robbing the house of Norman M'Caslin , at Plymouth Dock , of three pair of silver knee-buckles , and sundry other articles . Since his confinement he has several times attempted to break prison ; and ( after his condemnation ) he made a hole through a brick-and half-partition , large enough for him to pass into the chapel gallery , from which he astonishingly ascended into another ten feet abovewith fetters nearly weihing jolband so formed as not to permit foot
, g , . one to step six inches before the other . Here he broke through a plaister partition , and thus got" over the brick deling of all the cells , ' and . immediately under the roof of the whole building , where he was overheard and soon secured . . Searcliin " him , a hooked nail and a bit of tin plate were found . The bit of plate he had whetted to a very keen edge , as a knife to cut up the stout canvas cover , of . his straw bed into long strips . These he had twisted and strongly tied together , so as to form a very stout rope nearly forty feet long , whereby he intended to have made his descent from the roof intothe
, surrounding yard . He was afterwards coniirie ' d in a room on the ground-floor so chained that he could reach no wall , and a guard constantly with him—since which his conduct has been a mixture of rage and disappointment , very unbecoming his unhappy situation . He was broughton the platform about twelve o ' clock , where he spent some time in addressing the crowd ; after which he . twice called out aloud , " God save the King 1 " threw aside his book , and was launched Into eternity . , 2 i . The Admiralty received accounts , that the gallant Sir Sydney Smith followed , in his boats , a French lugger privateer ' which he had driven into the Port of Havre , and which lie there boarded ancl took ; but by a combination of events .