A good defence not always good against a bad accusation—Peter wins the heart of his judges, yet loses his cause, and is dismissed his ship.
The next day I commenced my defence, and 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 on a mouse."
"What were the expressions made use of?"
"I said that a spy captain would always find spy followers."
"In that remark were you and Mr Simple referring to your own captain?"—
"The remark was mine. What Mr Simple was thinking of, I can't tell; but I did refer to the captain, and he has proved that I was right." This bold answer of Swinburne's rather astonished the court, who commenced cross-questioning him; but he kept to his original assertion—that I had only answered generally. To repel the second charge I produced no witnesses; but to the third charge I brought forward three witnesses to prove that Captain Hawkins's orders were that I should send no boats on shore, not that I should not send them on board of the men-of-war close to us. In answer to the fourth charge, I called Swinburne, who stated that if I did not, he would come forward. Swinburne acknowledged that he accused the captain of being shy, and that I reprimanded him for so doing. "Did he say that he would report you?" inquired one of the captains. "No, sir," replied Swinburne, "'cause he never meant to do it." This was an unfortunate answer.