To repel the second charge I produced no
witnesses; but to the third charge I brought forward three witnesses to
prove that Captain Hawkins's orders were that I should send no boats on
shore, not that I should not send them on board of the men-of-war close
to us. In answer to the fourth charge, I called Swinburne, who stated
that if I did not, he would come forward. Swinburne acknowledged that he
accused the captain of being shy, and that I reprimanded him for so
doing. "Did he say that he would report you?" inquired one of the
captains. "No, sir," replied Swinburne, "'cause he never meant to do
it." This was an unfortunate answer.
To the fifth charge, I brought several witnesses to prove the words of
Captain Hawkins, and the sense in which they were taken by the ship's
company, and the men calling out "Shame!" when he used the expression.
To refute the other charges I called one or two witnesses, and the court
then adjourned, inquiring of me when I would be ready to commence my
defence. I requested a day to prepare, which was readily granted; and
the ensuing day the court did not sit. I hardly need say that I was
busily employed, arranging my defence with my counsel. At last all was
done, and I went to bed tired and unhappy; but I slept soundly, which
could not be said of my counsel, for he went on shore at eleven o'clock,
and sat up all night making a fair copy. After all, the fairest court of
justice is a naval court-martial--no brow-beating of witnesses, an
evident inclination towards the prisoner--every allowance and every
favour granted him, and no legal quibbles attended to.
Pages:
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662