ead; when the prosecution was stated to be closed.

Sir Home Pophamn being then called on by the Court, to state when he would be ready to proceed on his defence, requested the indulgence of the Court for a little time; and the Court adjourned till next day."

Saturday. Second Day.-The Court met, merely to deliver attested copies of some new charges, and then adjourned till Monday, to give Sir Home Popham time to prepare his defence.

Sir

Monday, Third Day. The Court reopened at nine o'clock, and Sir Home Popham commenced an eloquent and animated defence. His observations generally tended to show, that officers having commands like his, could not be fettered by the literal tenor of the orders usually given. A command like that was, from its very nature, discretionary, and the word discretion was of very comprehensive meaning. Admiral Rooke, when he attacked and took Gibraltar, had no orders to guide him; but he was not brought to trial. Lord St. Vincent, when he attacked Teneriffe, did so without any orders, although it could not be considered as within the limits of his command. The illustrious Nelson, when he pursued the French Fleet to the West Indies and back, certainly went by his own discretion, very much out of the course of his command; but it would have been impossible to have blamed him. The capture of Curaçoa was entirely an expedition of discretion. Home Popham recapitulated several other expeditions which, he said, were much more unauthorized than that which he had undertaken, and for which the Commanders, who had undertaken them, had never been called to any account. His expedition, he contended, was strictly within the limits of his command; and this, he should prove, he hoped, to the satisfaction of his Country, by the evidence which he should have the honour to lay before the Court. Sir Home, in his defence, particularly wished to impress the Court with the conviction, that, in his private interviews with Mr. Pitt, he (Mr. Pitt) had sanctioned and agreed with Sir Ifome on his attacking Buenos Ayres; but that all his interviews were of such a seeret nature, that, from the unfortunate death of that great man, he could not adduce any positive evidence of such sanction. But he was confident he should, from the very respectable evidence he should call on, be enabled to prove that such communications had actually taken place; although it was impossible, from the distance of the prospect, to expect that official orders should have been regularly transmitted to him by the Admiralty of that day.

In the course of the defence, Sir Home dwelt strongly on the manner in which he had been treated by the present Board of Admiralty, particularly in two points, those of their acknowledging the receipt of his Europ. Msg. Vel. L), March, 1807.

letters, containing accounts of his proceedings in the capture of the Cape of Good Hope, and those containing his plan, and the time of his sailing for Rio de la Plata. To the first, their Lordships' Secretary, as Sir Home stated, coldly replied, that he had 'it in command from their Lordships to acquaint him, that he had received his letter and inclosures, giving an account of the surrender of the Cape and its dependencies, and had the honour to remain his most obe. dient servant. With this letter, in the same packet, was another, acknowledging the receipt of one from Sir Home, enclosing a letter from Capt. Donelly, of the Narcissus, detailing his account of the destruction of the Bellona French privateer, in which Sir Home was directed by their Lordships to express to Captain Donelly their warm approbation of his conduct, and that of his officers and men; while, for the capture of the Cape, Sir Home had not one word. The Army had been thanked, and spoken of in the handsomest terms, but not one word from the Board of Admiralty, in praise, or even speaking of his conduct on the occasion in terms of common satisfaction.

By another letter, he received acknow ledgment of their Lordships having received his plan of operations against the Settlements of the Rio de la Plata. The same cold manner was here observed, as in the former case. Their Lordships had received his communications, and the Secretary had the honour to be his most obedient humble servant.

Surely, said Sir Home, if my conduct had been disapproved, it would have been no difficult matter to have hinted at it; or, was I not rather to think that the news of the surrender of the Cape of Good Hope being acknowledged in terms similar, and that being an acquisition of undoubted importance, I might also conclude, by a fair inference, that my operations were approved by the same taciturnity?

He complained most of the manner in which he had been sent home, in a small prize-brig, miserably manned, and worse armed. But he thanked God he had arrived safe, to meet the accusations that had been heaped up for his reception. He commented with much force, and a considerable degree of eloquence, on the man er in which the charges were drawn up against him; the unusual stile of which was to stigmatise him, (in the words of the order,) with a flagrant neglect of duty, which the same order, on the face of it, says, in their Lordships' opinion, ought not to go unpunished.

After Sir Home Popham had concluded his defence, be proceeded to call his wit

nesses.

The first witness examined was Lord Melville.

The principal questions put to his Lordship by the Prisoner were, as to the confidential communications, from time to time, made to him by Mr. Pitt, as well as by his Lordship,

I h

on the subject of South America, particularly relative to some proposals made to Government by General Miranda, in which : communication Sir Home bore a conspicuous part, being at one time left in company with General Miranda, for the express purpose of ascertaining minutely all the General's plans: and afterwards, by his Lordship's direction, drawing up a memoir and projet, which was submitted to the consideration of the Government. His Lordship distinctly admitted, that he had frequently turned his serious thoughts to the subject of South America, with a view to the advantages that might be derived by obtaining a footing in it, for the introduction of our manufactures.

He stated, that Sir Home had certainly been employed at different times, by the , Government, on confidential services, and had given satisfaction by the way in which those services had been executed; but his Lordship did not say, that Sir Home had been authorized to make an attack upon the Settlement of Buenos Ayres.

Mr. Sturges Bourne was the next witness called. His testimony went principally to prove, that Sir Home Popham had had interviews with Mr. Pitt, on the subject of the Cape of Good Hope; and that in consequence of some communication made by Sir Home to Mr. Pitt, the latter had directed the witness to make further inquiry, and take some steps, the result of which completely confirmed the information given by Sir Home Popham.

Mr. Huskisson was next called in and

sworn.

He stated the different interviews Sir Home had had with the late Minister and himself. on the subject of South America; and the anxiety expressed by Mr. Pitt to make use of the naval superiority of the Country, for the purpose of obtaining an advantage there; and admitted, that it had been constantly an object that was deemed very desirable. He stated, that he had himself, by Mr. Put's direction, made very par ticular inquiries on the subject, and had taken some measures thereon (the precise nature of which, however, he declined explaining). The Court then adjourned to the next morning.

Tuesday.-Fourth Day.-Sir Home Pophan proceeded in his defence; when Mr. Marsden, Mr. T. Wilson, a London Merchant, Mr. Tho. Brown, Master Attendant of the Cape, and Capt. King, were examined on his behalf; the latter stated, on repeated questions, that he considered the Cape as being left perfectly safe; and that it was understood, that Buenos Ayres was within the Cape station.

Wednesday-Fifth Day.-The President asked Sir Home, whether he had any other evidence to adduce? Sir Home said, he could call other witnesses, but he should now

decline it. He then presented a list of papers, which he wished to have read in his defence, and entered in the minutės.

Sir Home then said, "I here close my defence, and throw myself entirely upon the justice aud wisdom of this honourable Court. I have suffered much in my feelings and character; but I do trust and hope your judgment will relieve the one and rescue the other. If, in my zeal for the service, I have exceeded the limits of due discretion, I trust it will appear that I was solely ac tuated by an anxious desire to promote the interests, the honour, and glory of my Coun try. Aided by my brave followers, and under the protection of Divine Providence, I was put into possession of two capital cities, in two different quarters of the globe. Upon an examination of my defence, I trust it will be found that

"The very head and front of my offending "Hath this extent-no more."

"I retire, trusting in your w dom and justice for my honourable acquittal."

Sir Home Popham having, with his friends withdrawn, about eleven o'clock the Court was cleared, and, after four hours' delibera. tion, was again opened; when Sir Home having taken his place at the foot of the table, the Members being covered, the JudgeAdvocate proceeded to read the sentence, as follows:

"This Court having maturely considered the nature of the Charges, heard all the evi dence, and having fully deliberated upon the whole of this case, are of opinion, that the Charges have been proved against the said Captain Sir Home Popham; that the withdrawing, without orders so to do, the whole of any naval force from the place where it is directed to be employed, and the employing it in distant operations against the enemy; more especially, if the success of such ope rations should be likely to prevent its speedy return, may be attended with the most serious inconvenience to the public service, as the success of any plan, formed by his Majesty's Ministers for operations against the enemy, in which such naval force might he included, may, by such removal, be entirely prevented. And the Court is further of optnion, that the conduct of the said Captain Sir Home Popham, in withdrawing the whole of the naval force under his command, from the Cape of Good Hope, and the proceed ing with it to the Rio de la Plata, was highly censurable ;--but, in consideration of circun stances, the Court doth adjudge him to be ONLY SEVERELY REPRIMANDED-and he is accordingly, hereby, severely repri

manded."

The Provost Marshal then proceeded to the President, and presented the Sword of Sir Home Popham to lum; when he was or dered to return it. The Provost Marshal returned to the bottom of the table, and, with a respectful salutation, gave back the Sword to Sir Home, and the Court was dis solved,

10. The Whig Club held their monthly meeting at the London Tavern, Lord Holland in the Chair. It was unanimously resolved, that "The Memory of the Right Hon. Charles James Fox" should be an established sentiment at every meeting.

Johnson, the smuggler, who had been outlawed under a Commission of Bankruptcy, was examined before the Commissioners, by virtue of a special order from the Lord High Chancellor for that purpose. After his examination, he was taken into custody by Mr. Nixon, Under Warden of the Fleet, and conducted back to that prison.

16. An Inquest was held on a Mrs. Birkwood, of Knight-Rider court, Doctors' Commons, who had cut her throat. Verdict Lunacy. It is remarkable, that a Mrs. Cutty, a neighbour, after taking her breakfast, on Monday, said to a servant, "Mrs. B. is now happy; I wish I was so;" and then desiring not to be disturbed for some time, went into her bed-room and hung herself.

18. A Court Martial was held at Portsmouth, for the trial of Capt. E. L. Gower, for the loss of the Shannon in 1803, on the French coast. The Court pronounced au honourable acquittal.

Sir Home Popham, attended by Captain King, and his Agent, Mr. Lavie, paid a visit to the Merchants and Underwriters at Lloyd's Coffee-house. He was introduced into the Subscription Room about three o'clock, and received three cheers. Sir Home addressed them in nearly the following words:

"Gentlemen,-It is impossible for me to express what I feel on this occasion, seeing myself surrounded by the most respectable merchants of the first city in the world, marking, personally, their opinion of my exertion to promote the public welfare; and although his Majesty's Government found it expedient to arraign my conduct on my return from abroad, I trust my defence will satisfy the respectable body to whom I have now the honour to address myself, that every action of mine was directed to promote the honour and glory of my Country; and I shall ever feel myself bound to employ my humble talents for the attainment of any object conducive to its prosperity, although I feel that the wings of discretion have been materially clipped."

19. A half-yearly Court of the Proprietors of Bank Stock was held at the Bank, for the purpose of declaring the amount of the halfyear's dividend due at Lady-day. The Governor, Deputy-Governer, and Directors, anRounced, that on the 8th of April next they would be at liberty to receive half a year's dividend of 5 per cent on the amount of their Stock, due at Lady-day, making 10 per cent per annum on the gross amount, independently of the prospect of a bonus at the next half-yearly meeting.-Bank Stock, in consequence, rose to 2301. per cent.

20. This morning, about half past four 'clock, a dreadful fire broke out at the

piano-forte manufactory of Messrs. Clementi and Co., Tottenham-court-road; by which the whole of the interior was rendered a heap of ruins; the bouses on each side composing a part of the manufactory, and occupied by several families employed in the concern, were entirely consumed, with the whole of the furniture; the backs of the houses in Francis-street, and the Livery Stables on the other side, are much damaged, and some of the furniture entirely destroyed. The damage is at present estimated at 40,000!., about 15,0001. of which only is insured.

21. The arrival of the long-expected ship, Sarah Christiana, from Bengal, was announced at the East-India House. By this ship, the account of the capture of the Fame EastIndiaman is confirmed. She was fallen in with, on the 4th of September, by the l'iedmontaise French frigate, of 46 guns, on her passage from Bombay to Bengal. An action immediately ensued; and the Fame supported a severe contest for some time, against the very superior force of the enemy. At length, Captain Jameson, his officers, and crew, surrendered, were taken on board the frigate, and all put on board an Arab ship, with the exception of the Surgeon and Boatswain. Killed in the Action.--Peter Patten. Wounded.-W. J. Weare, chief officer; C. Thomas, midshipman; W. Merchant, A. Thompson, T. J. Sergeant, and A. Armstead, seamen; all slightly.

An account was received in town, that the crew of a Dutch frigate, lately driven on shore upon one of the Orkney Islands, had quietly surrendered themselves prisoners of war to the Caithness volunteers.

At the Surry Assizes, J. Pope and J. Maycock, were tried for the murder of Mrs. Pooley, at Horsley Down. The deceased was 68 years of age, and was found mur dered in her apartment in Free School-lane. It was proved, that the murder was committed on the 9th of August, by the pri soners; and that his Majesty's pardon had been offered to Pope, on condition of his giving up his companion, who had manually committed the murder. Pope was accordingly acquitted; and he then stated that he went, at the suggestion of Maycock, and broke into Mrs. Pooley's house, where, after some time, Maycock seized the old lady, threw her down, and strangled her. They then robbed the house of upwards of 901.-The Jury, without hesitation, found the pri soner Guilty; and the Judge, in passing sentence, observed, it was a Murder the most barbarous and cold-blooded he had ever heard or read of. The prisoner was ordered for execution on Monday, and his body to be dissected. He often laughed during the trial; and sentence being passed on him, he said, on going from the Dock, "Thank ye for that; am done, snug Enough !”

W. Duncan, a-gardener, was then tried for the murder of his master, W. Chivers, Esq.

at Battersea, on the 24th of January, by striking him in the face with a spade. The deceased was 82 years of age, and the prisoner had been only 10 days in his service. It appeared, that the deceased having threatened to turn him away, and having also chastised him with a cane, his passion overcame his reason, and he struck his master twice in the face; the second blow proved mortal. Several respectable persons gave the prisoner an excellent character. The prisoner having confessed, in his defence, that he had formed the design of striking his master ever since the afternoon of the preceding day, the Jury, after a very long deliberation, found him Guilty,

A sudden and unexpected change in the

Ministry has taken place; and the ostensible reason assigned for it is, the objections of a Great Personage to the measure for adicitting Roman Catholics to serve as Officers in the Army and Navy. On the 18th, before his Majesty left town, a message was transmitted, through his Royal Highness the 'Duke of Cumberland, to Lords Eldon and Hawkesbury, commanding their attendance at Windsor next morning. Their Lordships accordingly set off at an early hour, and remained with his Majesty from ten o'clock till one. Upon their return, they waited upon the Duke of Portland; to whom his Majesty's coinniands were signified, to frame, in concert with the above-mentioned noble Lords, and others, a NEW ADMINISTRATION,

M. W. BARNES, esq., of Reigate, to

the Hon. Georgiana Catharine Coventry, second daughter of Viscount Deerhurst. Mr. James Ward, of Christ Church, Surry, to Miss May, of Lambeth.

Joseph Kay, esq., architect, of Bedfordstreet, Bedford-square, to Miss Porden, eldest daughter of William Porden, esq., architect, of Berners-street.

Leonard Walbanke Childers, esq., to Miss Sarah Ann Kent, second daughter of Sir Charles Kent, bart., of Grantham House, Lincolnshire.

Mr. John Murray, bookseller, Fleet-street, London, to Miss Elliot, daughter-of the late Mr. Charles Elliot, of Edinburgh.

E. B. Lousada, esq., of Devonshire-square, to Miss Goldsmid, eldest daughter of Abraham Goldsmid, esq.

At Edinburgh, the Countess Dowager of Dalhousie.

At Tower, in Furness, Lancashire, the Rev. Mr. Bell, in his 95th year; and on the same day, and in the same house, his brother-in-law, Mr. William Hemming, in his 91st year.-Mr. Bell had been curate of Tower upwards of 61 years; and about seven years ago, two of his predecessors (curates of Tower) were living, one at Scathwaite, in Furness, the other at Grayrigg, Westmoreland. A short time ago, a gentleman of the neighbourhood asked Mr. Bell what the curacy of Tower might be worth? On which he answered, that it was now a very good thing, viz. about 351.

Charles Combe, esq., son of Dr. Combe, of Hart-strect, Bloomsbury, to Miss Payne Georges, eldest daughter of the late W. Payne Georges, esq., of Manchester-square.

Sir R. L. Blosse, bart., of Gabalva, to Miss Charlotte Richards, of Landaff, Glamorganshire.

The Hon. Thomas Parker, of Gresham Hall, Oxfordshire, to Miss Eliza Walstenholme, of Holywell, Sussex.

Philip Gibbs, esq.. eldest son of Sir Philip Gibbs, bart., to Miss Maria Knupe, third daughter of Robert Knipe, esq., late of New Lodge, near Great Berkhampsted.

Capt. Stuart, of the 16th light dragoons, to Miss Anson, sister of Viscount Anson.

OBITUARY.

per annum, whereas, at the time he came there, it was not worth more than 101. ALthongh Mr. Bell had been blind for many years, yet he performed the occasional duty until a short time previous to his death.

In Ireland, the Right Rev. Dr. Michael Peter McMahon, titular bishop of Killaloe, aged 70 years; more than half of which time he was in that see.

Aged 84, the Rev. G. Drury, rector of Overston and Billing, in Northamptonshire. AtWindsor, the Rev. Lancaster Adkins, D.D. rector of Belangh and Scottow, in Nortolk. Mrs. Ireland, wife of Mr. Johu Ireland, author of "Hogarth Illustrated," ^&c.

At Newington, Mrs. Poole, mother of Mrs. Dickons, the vocal performer.

At Findor, the Rev. Dr. Mctealf, vicar of that place, aged 62.

At Moreton, Cheshire, aged 90, Mr. George Meadow.