st 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 anchored close to us. I shall not
enter into further particulars, as they will only detain the honourable
court; and I am aware that this court-martial is held upon my conduct,
and not upon that of Captain Hawkins. To the charge of again holding
disrespectful language on the quarter-deck, as overheard by Captain.
Hawkins, I must refer the honourable court to the evidence, in which it
is plainly proved that the remarks upon him were not mine, but those of
Mr Swinburne, and that I remonstrated with Mr Swinburne for using such
unguarded expressions. The only point of difficulty is, whether it was
not my duty to have reported such language. I reply, that there is no
proof that I did not intend to report it; but the presence of Captain
Hawkins, who heard what was said, rendered such report unnecessary.
"On the fifth charge, I must beg that the court will be pleased to
consider that some allowance ought to be made for a moment of
irritation. My character was traduced by Captain Hawkins, supposing that
I was dead; so much so, that even the ship's company cried out _shame._
I am aware, that no language of a superior officer can warrant a retort
from an inferior; but, as what I intended to imply by that language is
not yet known, although Captain Hawkins has given an explanation to his,
I shall merely say, that I meant no more by my insinuations, than
Captain Hawkins did at the time, by those which he made use of with
respect to me.
"Upon the other trifling charges brought forward, I lay no stress, as I
consider them fully refuted by the evidence which has been already
adduced; and I shall
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