Norfolk Gazette And Publick Ledger

Trial of Captain Whitby of the Leander

A court martial assembled on board the Gladiator, in Portsmouth Harbour, on the 16th and 17th inst. to enquire into the conduct of Capt. Whitby, late of his majesty's ship Leander, who by order of Capt. John P. Beresford, of his majesty's ship Cambrian, (about April last,) then commander in chief of his majesty's ships and vessels on the Halifax station, was directed to cruize off New York, for the purpose of gaining information, and who, by letters dated the 6th of May last to Capt. Beresford, represented that on the 25th of the preceding month, several vessels were coming down from the light house, near New York, and, as they obstinately persisted in not attending to the first shot fired from the Leander, when closely pursued, several of the said vessels were boarded, and among the number that did not bring to, was a coasting sloop, on board of which it appeared, by various letters and papers transmitted by captain Beresford to the admiralty, an American seaman was unfortunately killed, by a shot fired from the Leander. or some other of his majesty's ships and vessels then under the orders of capt. Whitby; the court having enquired into the conduct of capt. Whitby on a charge of violating the neutrality of a nation in amity with his majesty, & having on the 25th of April last, within the waters and jurisdiction of the United States of America, unlawfully wilfully and of his malice aforethought, caused a shot to be fired from his majesty's ship Leander; thereby one John Pierce, a citizen of America, was feloniously killed and murdered; and having heard the evidence in support of the charge, and capt. Whitby in his defence; and having maturely considered the whole were of opinion that the charges had not been proved, and did adjudge capt. Whitby--to be acquitted.