is Majesty's
brig; _Rattlesnake_. The offensive observation, in the first place
was not mine; and, in the second, it was couched in general terms.
Here Mr Swinburne has pointedly confessed that _he_ did refer to the
captain, although the observation was in the plural; but that does not
prove the charge against me--on the contrary, adds weight to the
assertion of Mr Swinburne, that I was guiltless of the present
charge. That Captain Hawkins had acted as a spy, his own evidence on
this charge, as well as that brought forward by other witnesses, will
decidedly prove; but as the truth of the observation does not warrant
its utterance, I am glad that no such expression escaped my lips.

"Upon the second charge I shall dwell but a short time. It is true
that there is a general order that no stoves shall be alight after a
certain hour; but I will appeal to the honourable court, whether a
first lieutenant is not considered to have a degree of licence of
judgment in all that concerns the interior discipline of the ship.
The surgeon sent to say that a stove was required for one of the sick.
I was in bed at the time, and replied immediately in the affirmative.
Does Captain Hawkins mean to assert to the honourable court, that he
would have refused the request of the surgeon? Most certainly not.
The only error I committed, if it were an error, was not going through
the form, of awaking Captain Hawkins, to ask the permission, which, as
first lieutenant, I thought myself authorised to give.

"The charge against me, of having sent away two boats, contrary to his
order, I have already disproved by witnesses. The order of Captain
Hawkins was, not to communicate with the shore. My reasons for
sending away the boats--"

Here Captain Hawkins interposed, and stated to the president that my
reasons were not necessary to be received. The court was cleared,
and, on our return, the court had decided that my reasons ought to be
given, and I continued.

"My reasons for sending away these boats, or rather it was one boat
which was despatched to the two frigates, if I remember well, were,
that the brig was in a state of mutiny. The captain had tied up one
of the men, and the ship's company refused to be flogged. Captain
Hawkins then went on shore to the admiral, to report the situation of
his ship, and I conceived it my duty to make it known to the
men-of-war anch