Report of William Grant, on 2 individual petitions (2 from James Maury, American...

Report of William Grant, on 2 individual petitions (2 from James Maury, American Consul in Liverpool, the original and a copy), and 1 collective petition (from seamen on board HMS Actaeon [wanting]) on behalf of Peter Martin, seaman, tried (with 4 unnamed others who were acquitted) at the 'last' Chester Assizes, for firing at John Saunders, and the crew of a boat belonging to HMS Actaeon. Evidences supplied by members of the crew of the Actaeon: Robert Aitchison, Lieutenant; John Saunders, gunner; Christopher Simmett, Edward Murphy, Benjamin Hazelton, Edmund Read and John Blackburne. The members of the crew of the Actaeon had a press warrant, and had already pressed seamen Smith and Kirby from the ship Henry, bound for the West Indies. Kirby was later discharged as being unfit to serve. Smith was brought to the Actaeon without his clothes and orders were given to fetch his clothes from the Henry. The crew (10 members, usually 7) that went to the Henry were said to be unarmed. When the crew drew near 'half a pistol shot' to the Henry they were told to keep away, but before a reply could be given a shot was fired at them. Saunders called out the business of the crew, to fetch clothes not to press further members, but the Henry's members could not hear. The crew of the Henry continued to fire and Martin pointed a pistol straight at Saunders but bumped the Henry and his shot went wide. Edward Murphy was injured in the thigh by a musket or pistol ball. Members of the crew of the Actaeon then got aboard a smaller boat and Martin was captured from this boat, on board were pistols and cutlasses. The prisoner was an American citizen and submitted a comprehensive list of the British ships of war and armed vessels, between 1779 and 1794 on which he has served, the Rover, Gayton, Yorkshire Hunter, Elizabeth, Golden Grove, Trimmer, Stag, and Sovereign and is noted to have been present at 'The Glorious First of June' in 1794 on board the Royal Sovereign. Martin also lists the number of guns on board, Commanders names and places where they engaged the enemy fleet. There appears to be some confusion over respites, and the dates of execution of the prisoner, due to various reports being sought and the findings transmitted onwards. There are 2 letters from John Blackburne, of Liverpool, 1) noting the petition of the American Consul and saying Mr Maury has also applied to the American Minister and 2) a covering letter to the previous correspondence forwarding the petition onwards. A report is requested from the Admiralty Commissioners and Evan Napean writes to William Baldwin on behalf of the Commissioners twice, letter 1) the Commissioners have instructed their solicitor to state the case of Martin and will report the findings to the Duke of Portland; and 2) the recommendation is that Martin is not an object deserving mercy. George Witley, town clerk of the City of Chester writes that he has received a copy of the warrant for the execution of the prisoner including a respite in order to obtain judges reports and 'if unfavourable the Law must take its course,' continuing 'It is the custom for the Sheriffs of this City to execute the County criminals,... they [the sheriff's] do not think themselves justified in executing Martin, at the time mentioned in the respite. [10 days after the 22 September]. The Duke of Portland's letter, being an official one, and having been delivered to the Sheriff's, they, of course, did not carry the Sentence into Execution'. The Sheriff's have since been informed by Lord Belgrave that the report was unfavourable but having not seen the report they do not intend to execute Martin unless they receive an official letter from the Duke of Portland, and time is running out to make preparations. Whitley ends his letter 'it seems to be the Wish of every Person here that the poor Fellow may be pardoned.' A copy of the Order of Execution with respite is included. Lord Cholmondeley writes enclosing again a copy of Martin's service record and finishes his letter 'As from the... information I can collect, his case seems so particularly unfortunate.' On the 27 September Maury petitions for a further respite and C.J Hanniforth, Mayor of Liverpool forwards the petition from the crew of the Actaeon. There is a letter from F. Thomas, constable of Chester Castle to W. Baldwin, noting that in future a note of the date of executions will be forwarded to the Secretary of State as soon as the sentence shall be known. Grounds for clemency: previous good character, 15 years naval service, the wounded man will recover and the crime was not premeditated. Initial sentence: death, respited. Recommendation: speaks in favour of mercy; annotated: 'unfavourable'. [taken from Admiralty report?] and that the respite expires 2 Oct 1798. Folios 176-209.