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.