Chapter LXI
Bad news from home, and worse on board—Notwithstanding his previous trials, Peter forced to prepare for another—Mrs Trotter again; improves as she grows old—Captain Hawkins and his twelve charges.
No other event of consequence occurred until we joined the admiral, who only detained us three hours with the fleet, and then sent us home with his despatches. We arrived, after a quiet passage, at Portsmouth, where I wrote immediately to my sister Ellen, requesting to know the state of my father's health. I waited impatiently for an answer, and by return of post received one with a black seal. My father had died the day before from a brain fever; and Ellen conjured me to obtain leave of absence, to come to her in her state of distress. The captain came on board the next morning, and I had a letter ready written on service to the admiral, stating the circumstances, and requesting leave of absence. I presented it to him, and entreated him to forward it. At any other time I would not have condescended, but the thoughts of my poor sister, unprotected and alone, with my father lying dead in the house, made me humble and submissive. Captain Hawkins read the letter, and very coolly replied, "that it was very easy to say that my father was dead, but he required proofs." Even this insult did not affect me; I put my sister's letter into his hand—he read it, and as he returned it to me, he smiled maliciously. "It is impossible for me to forward your letter, Mr Simple, as I have one to deliver to you."
He put a large folio packet into my hand, and went below. I opened it: it was a copy of a letter demanding a court-martial upon me, with a long list of the charges preferred by him. I was stupefied, not so much at his asking for a court-martial, but at the conviction of the impossibility of my now being able to go to the assistance of my poor sister. I went down into the gunroom and threw myself on a chair, at the same time tossing the letter to Thompson, the master. He read it over carefully, and folded it up.
"Upon my word, Simple, I do not see that you have much to fear. These charges are very frivolous."
"No, no—that I care little about; but it is my poor sister. I had written for leave of absence, and now she is left, God knows how long, in such distressing circumstances."
Thompson looked grave. "I had forgotten your father's death, Simple: it is indeed cruel. I would offer to go myself, but you will want my evidence at the court-martial. It can't be helped. Write to your sister, and keep up her spirits. Tell her why you cannot come, and that it will all end well."
I did so, and went early to bed, for I was really ill. The next morning, the official letter from the port-admiral came off, acquainting me that a court-martial had been ordered upon me, and that it would take place that day week. I immediately resigned the command to the second lieutenant, and commenced an examination into the charges preferred. They were very numerous, and dated back almost to the very day that he had joined the ship. There were twelve in all. I shall not trouble the reader with the whole of them, as many were very frivolous. The principal charges were—
1. For mutinous and disrespectful conduct to Captain Hawkins, on such a date, having, in a conversation with an inferior officer on the quarter-deck, stated that Captain Hawkins was a spy, and had spies in the ship.
2. For neglect of duty, in disobeying the orders of Captain Hawkins on the night of the —— of ——.
3. For having, on the —— of ——, sent away two boats from the ship, in direct opposition to the orders of Captain Hawkins.
4. For having again, on the morning of the —— of ——, held mutinous and disrespectful conversation relative to Captain Hawkins with the gunner of the ship, allowing the latter to accuse Captain Hawkins of cowardice, without reporting the same.
5. For insulting expressions on the quarter-deck to Captain Hawkins on his rejoining the brig on the morning of the —— of ——.
6. For not causing the orders of Captain Hawkins to be put in force on several occasions, &c. &c. &c.
And further, as Captain Hawkins' testimony was necessary in two of the charges, the king, on those charges, was the prosecutor. Although most of these charges were frivolous, yet I at once perceived my danger. Some were dated back many months, to the time before our ship's company had been changed: and I could not find the necessary witnesses. Indeed, in all but the recent charges, not expecting to be called to a court-martial, I had serious difficulties to contend with. But the most serious was the first charge, which I knew not how to get over. Swinburne had most decidedly referred to the captain when he talked of spy captains. However, with the assistance of Thompson, I made the best defence I could, ready for my trial.
Two days before my court-martial I received a letter from Ellen, who appeared in a state of distraction from this accumulation of misfortune. She told me that my father was to be buried the next day, and that the new rector had written to her, to know when it would be convenient for the vicarage to be given up. That my father's bills had been sent in, and amounted to twelve hundred pounds already; and that she knew not the extent of the whole claims. There appeared to be nothing left but the furniture of the house; and she wanted to know whether the debts were to be paid with the money I had left in the funds for her use. I wrote immediately, requesting her to liquidate every claim, as far as my money went, sending her an order upon my agent to draw for the whole amount, and a power of attorney to him to sell out the stock.
I had just sealed the letter, when Mrs Trotter, who had attended the ship since our return to Portsmouth, begged to speak with me, and walked in after her message, without waiting for an answer. "My dear Mr Simple," said she, "I know all that is going on, and I find that you have no lawyer to assist you. Now I know that it is necessary, and will very probably be of great service in your defence—for when people are in distress and anxiety, they have not their wits about them; so I have brought a friend of mine from Portsea, a very clever man, who, for my sake, will undertake your cause, and I hope you will not refuse him. You recollect giving me a dozen pair of stockings. I did not refuse them, nor shall you refuse me now. I always said to Mr Trotter, 'Go to a lawyer;' and if he had taken my advice he would have done well. I recollect, when a hackney-coachman smashed the panel of our carriage— 'Trotter,' says I, 'go to a lawyer;' and he very politely answered, 'Go to the devil!' But what was the consequence!—he's dead and I'm bumming. Now, Mr Simple, will you oblige me?—it's all free gratis for nothing—not for nothing, for it's for my sake. You see, Mr Simple, I have admirers yet," concluded she, smiling.
Mrs Trotter's advice was good; and although I would not listen to receiving his services gratuitously, I agreed to employ him; and very useful did he prove against such charges, and such a man as Captain Hawkins. He came on board that afternoon, carefully examined into all the documents and the witnesses whom I could bring forward, showed me the weak side of my defence, and took the papers on shore with him. Every day he came on board to collect fresh evidence and examine into my case.
At last the day arrived. I dressed myself in my best uniform. The gun fired from the admiral's ship, with the signal for a court-martial at nine o'clock; and I went on board in a boat, with all the witnesses. On my arrival, I was put under the custody of the provost-marshal. The captains ordered to attend pulled alongside one after another, and were received by a party of marines, presenting their arms.
At half-past nine the court was all assembled, and I was ushered in. Courts-martial are open courts, although no one is permitted to print the evidence. At the head of the long table was the admiral, as president; on his right hand, standing, was Captain Hawkins, as prosecutor. On each side of the table were six captains, sitting near to the admiral, according to their seniority. At the bottom, facing the admiral, was the judge-advocate, on whose left hand I stood, as prisoner. The witnesses called in to be examined were stationed on his right; and behind him, by the indulgence of the court, was a small table, at which sat my legal adviser, so close as to be able to communicate with me. The court were all sworn, and then took their seats. Stauncheons, with ropes covered with green baize, passed along, were behind the chairs of the captains who composed the court, so that they might not be crowded upon by those who came in to listen to what passed. The charges were then read, as well as the letters to and from the admiral, by which the court-martial was demanded and granted: and then Captain Hawkins was desired to open his prosecution. He commenced with observing his great regret that he had been forced to a measure so repugnant to his feelings; his frequent cautions to me, and the indifference with which I treated them; and, after a preamble composed of every falsity that could be devised, he commenced with the first charge, and stating himself to be the witness, gave his evidence. When it was finished, I was asked if I had any questions to put. By the advice of my lawyer, I replied, "No." The president then asked the captains composing the court-martial, commencing according to their seniority, whether they wished to ask any questions.
"I wish," said the second captain who was addressed, "to ask Captain Hawkins whether, when he came on deck, he came up in the usual way in which a captain of a man-of-war comes on his quarter-deck, or whether he slipped up without noise?"
Captain Hawkins declared that he came up as he usually did. This was true enough, for he invariably came up by stealth.
"Pray, Captain Hawkins, as you have repeated a good deal of conversation which passed between the first lieutenant and the gunner, may I ask you how long you were by their side without their perceiving you?"
"A very short time," was the answer.
"But, Captain Hawkins, do you not think, allowing that you came up on deck in your usual way, as you term it, that you would have done better to have hemmed or hawed, so as to let your officers know that you were present? I should be very sorry to hear all that might be said of me in my supposed absence."
To this observation Captain Hawkins replied, that he was so astonished at the conversation, that he was quite breathless, having, till then, had the highest opinion of me.
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, I was asked by the president if I had any questions to put to the witness. I put the following:—
"Did you repeat to Captain Hawkins that I had ordered the stove to be lighted?"—"I did."
"Are you not in the custom of reporting, direct to the captain, any negligence, or disobedience of orders, you may witness in the ship?"—"I am."
"Did you ever report anything of the sort to me, as first lieutenant, or do you always report direct to the captain?"
"I always report direct to the captain."
"By the captain's orders?"—"Yes."
The following questions were then put by some of the members of the court:—
"You have served in other ships 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 only one 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 amusement. 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 trousers 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. The witnesses were chiefly the sergeant of marines, and the spy-glass of Captain Hawkins, who had been watching me from the shore.
It was late in the afternoon before they were all gone through; and the president then adjourned the court, that I might bring forward my own witnesses, in my defence, on the following day, and I returned on board the Rattlesnake.