| At a Court Martial assembled on board His Majesty's Ship Gladiator, in Portsmouth Harbour, on the twenty first day of July, 1815, and continued by adjournment on the follow day. | |||
Present: |
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Peter Halkett, Esquire, Rear Admiral of the White and Second Officer in the command of His Majesty's Ships and Vessels at Spithead and in Portsmouth Harbour - - - - - - - - - - - - - - - - - - - - - President. Captains Willoughby, Thomas Lake, Captains Benjamin William Page, Zachariah Mudge, Sir George Ralph Collier, Bart. & K.G.B., Sir William Bolton, Knt, Sir James Alexander Gordon, K.G.B., Alexander Robert Kerr, John Cramer, Edmund Boger, The Honourable Anthony Maitland, Hyde Parker, Samual Jackson. Pursuant to an order from the Right Honorable Lords Commissioners of the Admiralty, dated the nineteenth day of July, 1815, and directed to the president, setting forth that Commodore Sir E.W.C.R. Owen, K.C.B, had transmitted to their Lordships a letter dated the 28th of May 1815 from James Galloway, Esquire, Commander of His Majesty's late troop ship Penelope, detailing the particular circumstances attending the loss of the said troop ship on the night of the 30th of the preceeding month, about three or four leagues to the eastward of Magdalen River, coast of Lower Canada, and including Captain James Galloway's above mentioned letter together with another letter from him dated the 17th of July, 1815. The Court proceeded to inquire into the cause and circumstances attending the loss of His Majesty's late troop ship Penelope and to try Captain James Galloway, his officers and surviving ship company for their conduct upon that occasion and having heard the evidence produced and completed such inquire and having maturely and deliberately weighed and considered the whole, the Court is of opinion that the loss of His Majesty's late troop ship Penelope was caused by her running on shore between Grand Étang and Magdalen Point in the River St. Lawrence on the 30th day of April last, occasioned principally by the state of the weather and the set of the current. That Mr William Hommer, the master, was not sufficiently attentive to the situation of the ship a short time previous to her running on shore, particularly to the observation of Mr William Hanlin, the gunner who was Officer of the Watch and expressed to him his doubt of seeing the land and therefore that great blame is imputable to him, the said William Honnor. That a due attention was not paid by the said Captain James Galloway and the First Lieutenant of the said ship to the safety of the ship's company by their neglecting to make proper arrangements for getting them on shore and that great blame is therefore also imputable to the said Captain James Galloway and to the said First Lieutenant of the said ship. That no blame is imputable to the rest of the officers and ship's company respecting the loss of the said ship but that it appears by a list subjoined to the narrative of the said Captain James Galloway, that forty seven of the ship's company subsequently deserted. And the Court is further of opinion that the charges of drunkenness, disobedience of orders, mutiny and desertion have been proved against Walter Howell, one of the seamen of the said ship and that Christopher Birch, Joseph Cooper, John Dudding, John Rowell and William Howell, seamen belonging, who had also conducted themselves improperly after the ship struck, but that the said Christopher Birch, Joseph Cooper, John Dudding and John Rowell had been punished for the same by the order of the said Captain James Galloway and the said William Howell remained at the Royal Hospital at Haslar. And the Court doth adjudge the said Captain James Galloway in consideration of his being afflicted with illness at the time, to be only reprimanded. Lieutenant Benamin Hooper, the First Lieutenant, to be severely reprimanded, the said Mr William Honner, the master, to be placed at the bottom of the list of Masters of the Royal Navy, and the said Walter Howell to receive five hundred lashes on his bare back with a cat-o'nine tails on board of or alongside such of His Majesty's ships or vessel at Spithead or in Portsmouth Harbour at such time or times and in such manner and proportions as the Commander-in-Chief of His Majesty's Ships and Vessels, for the time being, at Portsmouth aforesaid, shall direct and the remainder of the officers and ship's company to be acquitted with respect to the loss of His Majesty's said late ship Penelope. And the said Captain James Galloway, whereby reprimanded, the said Lieutenant Benjamin Hooper severely reprimanded, the said Mr William Honnor is hereby ordered to be placed at the bottom of the list of Masters of the Royal Navy and the said Walter Howell so to receive five hundred lashes on his bare back with a cat-o'nine tails as aforesaid and the said remainder of the Officers and ship's company are hereby acquitted respecting the loss of His Majesty's late ship Penelope, accordingly. |
| W. J. Lake | P. Halkett | |||
| Zackariah Mudge | Z. J. Tage | |||
| W. Bohm | George N. Collier | |||
| R. Kerr | James A. Gordon | |||
| L. Boyd | H. Cramer | |||
| Hyde Tacher | Arthur Maitland | |||
| Samuel Gartner | ||||
| W. Greetham | ||||
| Dept. Judge Advocate | of the Fleet. |