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the letters to and from the admiral, by which the court-martial was demanded and granted; and then Captain Hawkins was desired to open his prosecution. He commenced with observing his great regret that he had been forced to a measure so repugnant to his feelings; his frequent cautions to me, and the indifference with which I treated them: and, after a preamble, composed of every falsity that could be devised, he commenced with the first charge; and stating himself to be the witness, gave his evidence. "I wish," said the second captain who was addressed, "to ask Captain Hawkins, whether, when he came on deck, he came up in the usual way in which a captain of a man-of-war comes on his quarter-deck; or whether he slipped up without noise?" Captain Hawkins declared that he came up as he _usually did_. This was true enough, for he invariably came up by stealth. "But, Captain Hawkins, do you not think, allowing that you came up on deck in your _usual_ way, as you term it, that you would have done better, to have hemmed or hawed, so as to let your officers know that you were present? I should be very sorry to hear all that might be said of me in my supposed absence." To this observation, Captain Hawkins replied, that was so astonished at the conversation, that he was quite breathless, having, till then, had the highest opinion of me. No more questions were asked, and they proceeded to the second charge. This was a very trifling one--for lighting a stove, contrary to orders. The evidence brought forward was the sergeant of marines. When his evidence in favour of the charge had been given, the following questions were put by some of the members of the court:-- "You have served in other ships before?" "Yes." "Did you ever, sailing with other captains, receive an order from them, to report direct to them, and not through the first lieutenant?" The witness here prevaricated. "Answer directly, yes or no." "No." The third charge was then brought forward--for sending away boats contrary to express orders. This was substantiated by Captain Hawkins' own evidence, the order having been verbal. By the advice of my counsel, I put no questions to Captain Hawkins; neither did the court. The fourth charge--that of holding mutinous conversation with the gunner, and allowing him to accuse the captain of unwillingness to engage the enemy--was then again substantiated by Captain Hawkins, as the only witness. I
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