Part 49 (2/2)
No more questions were asked, and they proceeded to the second charge.
This was a very trifling one--for lighting a stove, contrary to orders.
The evidence brought forward was the sergeant of marines. When his evidence in favour of the charge had been given, the following questions were put by some of the members of the court:--
”You have served in other s.h.i.+ps before?”
”Yes.”
”Did you ever, sailing with other captains, receive an order from them, to report direct to them, and not through the first lieutenant?”
The witness here prevaricated.
”Answer directly, yes or no.”
”No.”
The third charge was then brought forward--for sending away boats contrary to express orders. This was substantiated by Captain Hawkins'
own evidence, the order having been verbal. By the advice of my counsel, I put no questions to Captain Hawkins; neither did the court.
The fourth charge--that of holding mutinous conversation with the gunner, and allowing him to accuse the captain of unwillingness to engage the enemy--was then again substantiated by Captain Hawkins, as the only witness. I again left my reply for my defence; and one only question was put by one of the members; which was, to inquire of Captain Hawkins, as he appeared peculiarly unfortunate in overhearing conversations, whether he walked up as usual to the taffrail, or whether he _crept up_.
Captain Hawkins gave the same answer as before.
The fifth charge--for insulting expressions to Captain Hawkins, on my rejoining the brig at Carlscrona, was then brought forward; and the sergeant of marines and one of the seamen appeared as witnesses. This charge excited a great deal of amus.e.m.e.nt. In the cross-examination by the members of the court, Captain Hawkins was asked what he meant by the expression, when disposing of the clothes of an officer who was killed in action, that the men appeared to think that his trowsers would instil fear.
”Nothing more upon my honour, sir,” replied Captain Hawkins, ”than an implication that they were alarmed lest they should be haunted by his ghost.”
”Then, of course, Mr Simple meant the same in his reply,” observed the captain sarcastically.
The remainder of the charges were then brought forward; but they were of little consequence.
CHAPTER SIXTY TWO.
A GOOD DEFENCE NOT ALWAYS GOOD AGAINST A BAD ACCUSATION--PETER WINS THE HEARTS OF HIS JUDGES, YET LOSES HIS CAUSE, AND IS DISMISSED HIS s.h.i.+P.
The next day I commenced my defence: 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 a mouse.”
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