I brought forward three witnesses, to prove that Captain Hawkins'
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, arranging and 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. It is a court of equity, with very few exceptions; and the
humbler the individual, the greater the chance in his favour.
I was awoke the following morning by my counsel, who had not gone to bed
the previous night, and who had come off at seven o'clock to read over
with me my defence. At nine o'clock I again proceeded on board, and, in
a short time, the court was sitting. I came in, handed my defence to
the judge-advocate, who read it aloud to the court. I have a copy still
by me, and will give the whole of it to the reader.
"MR. PRESIDENT AND GENTLEMEN,--After nearly fourteen years service in
His Majesty's navy, during which I have been twice made prisoner,
twice wounded, and once wrecked; and, as I trust I shall prove to you,
by certificates and the public despatches, I have done my duty with
zeal and honour--I now find myself in a situation in which I never
expe
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