The "Guilliaume Tell"-(Sannier, Commander)
| Jurisdiction | England & Wales |
| Judgment Date | 13 July 1808 |
| Date | 13 July 1808 |
| Court | High Court of Admiralty |
English Reports Citation: 165 E.R. 1013
IN THE HIGH COURT OF ADMIRALTY
S. C. 2 Eng Pr. Cas 1
the " guilliaume tell "-(Sanmer, Commander) July 13, 1808 -Co-operation in the blockade of Malta -Claim of joint capture by ships stationed at different _ points in support of the blockade, established [S. C. 2 Eng Pr. Cas 1 ] The present question arose on a claim of joint capture interposed on behalf of His Majesty's ships " Culloden " and " Northumberland," on the ground of associated service ior the purpose, among other objects, of effecting this capture -The prize was a French ship of war, which with another had been for some time blockaded in the harbour of La Valetta in the island of Malta, by a British squadron then under the orders of Sir Thomas Trowbridge, commander of His Majesty's ship " Culloden," acting in the absence of Lord Nelson. In the night of the 29th of March 1800, the " Guilliaume Tell " made an attempt to escape, but was pursued and taken by the " Foudroyant,'' and some other ships belonging to the blockading squadron, while the remainder kept their stations off the port, except the '' Culloden " and " Northumberland, ' which were at anchor at the time in the Marsa Sirocco Bay, a few miles distant from La Valetta [7] An objection was taken to the evidence of Lieutenant Oliver of the " Northumberland," who was stationed at a signal post on the island, and threw up rockets when the " Guilliaume Tell " was putting to sea, as it appeared that he belonged to one of the ships claiming to share, and had not released his interest. It was admitted, that although he was not on board at the toH/mfnteHirnl of the chase, he was on board during part of the time. The Court said,-That the question was of some nicety, whether this officer would be entitled to share, supposing he was not on board, on account of the intelligence he was the means of conveying ; but that it should allow his evidence to be read, subject to all objections For the actual captors, Lawrence and Swabey -Two witnesses only have been examined upon the allegation given on the part of the " Culloden '' and "k Northum- 1014 THE "GUILLIAUME TELL" BDW. 8. beriand " Lieutenant Oliver of the " Northumberland " and M'Donald, the master's mate of the " Culloden." If Lieutenant Oliver is an incompetent witness, their case must depend entirely upon the evidence of M'Donald, who is a releasing witness, and whose testimony therefore, taken alone, cannot support a claim of this nature. He states, " that about twelve o'clock on the night when the enemy put to sea, having gone up to the mast-head of the ' Oulloden ' to look out, he saw the rockets and blue lights which Lieutenant Oliver threw up on observing the French ship ' Le Guilliaume Tell ' haul out from the harbour. And in about ten minutes afterwards (it being very dark, the moon having gone down and the wind blowing strong out of the said harbour of La Valetta) he heard guns firing from ships [8] off the said harbour, and very soon after saw the flashes from the said ships' guns in three directions That he continued to look out there (except at short intervals, when he went to communicate with the commanding officer) till about half-past three o'clock in the morning, by which tune the three engaging ships had got so far to the N.N E. that he could no longer see the flashes from the guns " ; and he adds, " that when he came clown upon the deck of the said ship to report to the commanding officer, the flashes from the guns of the said engaging ships were plainly seen from the poop." Now how does this accord with the evidence of Lieutenant M'Kenzie and the three other witnesses, examined on behalf of the actual captors ? They state, that at the time the first guns were discharged from any of the chasing ships they must have been twelve or fifteen miles from Marsa Sirocco Bay, and as the prize and the chasing ships were all that to windward, and the wind blew strong, it is hardly...
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