, and I preferred calling my own
witnesses first, and, by the advice of my counsel, and at the request of
Swinburne, I called him. I put the following questions:--"When we were
talking on the quarter-deck, was it fine weather?"--"Yes, it was."

"Do you think that you might have heard any one coming on deck, in the
usual way, up the companion ladder?"

"Sure of it."

"Do you mean, then, to imply that Captain Hawkins came up stealthily?"

"I have an idea he pounced upon us as a cat does on a mouse."

"What were the expressions made use of?"

"I said that a spy captain would always find spy followers."

"In that remark were you and Mr Simple referring to your own captain?"--

"The remark was mine. What Mr Simple was thinking of, I can't tell; but
I _did_ refer to the captain, and he has proved that I was right." This
bold answer of Swinburne's rather astonished the court, who commenced
cross-questioning him; but he kept to his original assertion--that I had
only answered generally. 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 b