"Yes, sir; they wos friends of the prisoner's. (Sensation in the court.) I believe one on 'em wos his mother." (Great sensation.)
"State to the court the treatment we received."
"They throwed stones at us and dirt, and cut the first lieutenant's face with a large flint. (Immense sensation in the court.) They also mobbed us down, and abused us shameful."
Mr. Shever then went on to state that he had often heard the prisoner say "that he would be cautious what he did." This the worthy boatswain construed into a threat against the first lieutenant. "He considered Clare a dangerous man. Never had seen him drunk, but believed he drank considerable when he had a chance."
We must observe, with regret, that the foregoing evidence of the boatswain was entirely fictitious in its most important portions; in fact, Mr. Shever did on that occasion commit what is commonly called perjury, and the evidence of the seamen was very much of the same unblushing kind. The boatswain knew that if the lieutenant could trust him, and depend upon him to say anything that would carry out his plans, he could do pretty much as he liked with the men, who would not dare to complain of his treatment. His first officer was his model; and being somewhat of a cur, he did not mind swearing to any falsehood that would injure Tom, provided he could curry favour with his superiors.
The prisoner was then asked if he had any questions to put to the witnesses, upon which he replied,
"No, your honour. I've heard 'em say too much already."
This answer was looked upon by the court as evidence of the man's mutinous and dangerous disposition, it being, of course, entirely misconstrued.
Clare was then called upon for his defence. Usually when a sailor is tried this is prepared for him in writing by his counsel, and handed to the Judge advocate, who reads it to the court; but Clare availed himself of the privilege of reading his own defence, and standing up with his earnest face fixed upon the president, he spoke as follows, having committed what he had written to memory: