row-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 expected
to be placed--that of being arraigned before and brought to a
court-martial for charges of mutiny, disaffection, and disrespect
towards my superior officer. If the honourable court will examine the
certificates I am about to produce, they will find that, until I sailed
with Captain Hawkins, my conduct has always been supposed to have been
diametrically opposite to that which is now imputed to me. I have always
been diligent and obedient to command; and I have only to regret that
the captains with whom I have had the honour to sail are not now present
to corroborate by their oral evidence the truth of these documents.
Allow me, in the first place, to point out to the court, that the
charges against me are spread over a large space of time, amounting to
nearly eighteen months, during the whole of which period Captain Hawkins
never stated to me that it was his intention to try me by a
court-martial; and, although repeatedly in the presence of a senior
officer, has never preferred any charge against me. The articles of war
state expressly that if any officer, soldier, or marine has any
complaint to make he is to do so upon his arrival at any port or fleet
where he may fall in with a superior officer. I admit that this article
of war refers to complaints to be made by inferiors against superiors;
but, at the same time, I venture to submit to the honourable court that
a superior is equally bound to prefer a char
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