Page:Royal Naval Biography Marshall v1p2.djvu/63

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LORD AMELIUS BEAUCLERK.
487

Baron de la Raffiniere, Commander-in-Chief at Rochelle, for a suspension of hostilities between Great Britain and those parts of the French coast which felt disposed to acknowledge the authority of Louis XVIII. He was created a K.C.B. Jan. 2, 1815; and in the course of the same year elected a F.R.S. His promotion to the rank of Vice-Admiral took place Aug. 12, 1819.

Country Seat.–

Town Residence. – 30, Margaret-Street, Cavendish Square.




WILLIAM TAYLOR, Esq
Vice-Admiral of the White.


At the close of the American war, this officer commanded the Cygnet sloop; and during the Spanish armament, the Thorn, a vessel of similar description, stationed in the Channel[1]. He was subsequently appointed to the Weazle, of 12

  1. In January, 1789, Lieutenant Thackeray, of the Thorn, was tried by a court-martial, on several charges exhibited against him by Captain Taylor; and amongst others, for going into the captain’s cabin, when alone at tea, and calling him scoundrel and liar. The privacy of this offence excluded all other positive evidence but that of the prosecutor; and, when the court assembled, the President had his doubts of the propriety of admitting Captain Taylor to give his evidence; the court was therefore adjourned, until they had the opinion of counsel on the following question: “Whether Captain Taylor’s evidence, under the above circumstances, ought to be admitted, or not; and, if it ought to be admitted, whether, after he has been examined, as is the custom of courts-martial, to examine the witnesses separately, and apart from each other, he can be permitted to remain in the court to conduct the prosecution?” The opinion of counsel on this question was, in substance, that in criminal prosecutions it is not a legal objection to the competency of a witness, or to the admissibility of his evidence, that he is the prosecutor, whatever objections to his credit may arise, under the circumstances of the case. The rule, which is universal in civil actions, that a plaintiff cannot be admitted as a witness in his own cause, does not apply to criminal prosecutions, which are always supposed to be at the suit of the crown, and on behalf of the public.

    The court afterwards re-assembled, Captain Taylor’s evidence was admitted, and the prisoner was dismissed from the rank of Lieutenant, and adjudged to serve in the navy as a Midshipman.

    See M‘Arthur on Courts Martial, edit. 1813, vol. II, cap. iii, sect. 16, pp. 103, 4 ,5.