“I have an idea he pounced upon us, as a cat does 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 two witnesses. But to the third charge I brought forward three witnesses, to prove that Captain Hawkins’ 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.”