Chapter LXI
Bad news from home, and worse on board--Notwithstanding his previoustrials, Peter forced to prepare for another--Mrs Trotter again; improvesas she grows old--Captain Hawkins and his twelve charges.
No other event of consequence occurred until we joined the admiral, whoonly detained us three hours with the fleet, and then sent us home withhis despatches. We arrived, after a quiet passage, at Portsmouth, whereI wrote immediately to my sister Ellen, requesting to know the state ofmy father's health. I waited impatiently for an answer, and by return ofpost received one with a black seal. My father had died the day beforefrom a brain fever; and Ellen conjured me to obtain leave of absence, tocome to her in her state of distress. The captain came on board the nextmorning, and I had a letter ready written on service to the admiral,stating the circumstances, and requesting leave of absence. I presentedit to him, and entreated him to forward it. At any other time I wouldnot have condescended, but the thoughts of my poor sister, unprotectedand alone, with my father lying dead in the house, made me humble andsubmissive. Captain Hawkins read the letter, and very coolly replied,"that it was very easy to say that my father was dead, but he requiredproofs." Even this insult did not affect me; I put my sister's letterinto his hand--he read it, and as he returned it to me, he smiledmaliciously. "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 longlist of the charges preferred by him. I was stupefied, not so much athis asking for a court-martial, but at the conviction of theimpossibility of my now being able to go to the assistance of my poorsister. I went down into the gunroom and threw myself on a chair, at thesame time tossing the letter to Thompson, the master. He read it overcarefully, and folded it up.
"Upon my word, Simple, I do not see that you have much to fear. Thesecharges are very frivolous."
"No, no--that I care little about; but it is my poor sister. I hadwritten 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: itis indeed cruel. I would offer to go myself, but you will want myevidence 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 willall 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 thata court-martial had been ordered upon me, and that it would take placethat day week. I immediately resigned the command to the secondlieutenant, and commenced an examination into the charges preferred.They were very numerous, and dated back almost to the very day that hehad joined the ship. There were twelve in all. I shall not trouble thereader with the whole of them, as many were very frivolous. Theprincipal charges were--
1. For mutinous and disrespectful conduct to Captain Hawkins, on such adate, having, in a conversation with an inferior officer on thequarter-deck, stated that Captain Hawkins was a spy, and had spies inthe ship.
2. For neglect of duty, in disobeying the orders of Captain Hawkins onthe night of the ---- of ----.
3. For having, on the ---- of ----, sent away two boats from the ship,indirect opposition to the orders of Captain Hawkins.
4. For having again, on the morning of the ---- of ----, held mutinousand disrespectful conversation relative to Captain Hawkins with thegunner of the ship, allowing the latter to accuse Captain Hawkins ofcowardice, without reporting the same.
5. For insulting expressions on the quarter-deck to Captain Hawkins onhis rejoining the brig on the morning of the ---- of ----.
6. For not causing the orders of Captain Hawkins to be put in force onseveral occasions, &c. &c. &c.
And further, as Captain Hawkins' testimony was necessary in two of thecharges, the king, on _those charges, _was the prosecutor. Although mostof these charges were frivolous, yet I at once perceived my danger. Somewere dated back many months, to the time before our ship's company hadbeen changed: and I could not find the necessary witnesses. Indeed, inall but the recent charges, not expecting to be called to acourt-martial, I had serious difficulties to contend with. But the mostserious was the first charge, which I knew not how to get over.Swinburne had most decidedly referred to the captain when he talked ofspy captains. However, with the assistance of Thompson, I made the bestdefence I could, ready for my trial.
Two days before my court-martial I received a letter from Ellen, whoappeared 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 thenew rector had written to her, to know when it would be convenient forthe 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 theextent of the whole claims. There appeared to be nothing left but thefurniture of the house; and she wanted to know whether the debts were tobe paid with the money I had left in the funds for her use. I wroteimmediately, requesting her to liquidate every claim, as far as my moneywent, 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 theship since our return to Portsmouth, begged to speak with me, and walkedin after her message, without waiting for an answer. "My dear MrSimple," said she, "I know all that is going on, and I find that youhave no lawyer to assist you. Now I know that it is necessary, and willvery probably be of great service in your defence--for when people arein distress and anxiety, they have not their wits about them; so I havebrought a friend of mine from Portsea, a very clever man, who, for mysake, will undertake your cause, and I hope you will not refuse him. Yourecollect 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 alawyer;' and if he had taken my advice he would have done well. Irecollect, when a hackney-coachman smashed the panel of our carriage--'Trotter,' says I, 'go to a lawyer;' and he very politely answered, 'Goto the devil!' But what was the consequence!--he's dead and I'mbumming. Now, Mr Simple, will you oblige me?--it's all free gratis fornothing--not for nothing, for it's for my sake. You see, Mr Simple, Ihave admirers yet," concluded she, smiling.
Mrs Trotter's advice was good; and although I would not listen toreceiving his services gratuitously, I agreed to employ him; and veryuseful did he prove against such charges, and such a man as CaptainHawkins. He came on board that afternoon, carefully examined into allthe documents and the witnesses whom I could bring forward, showed methe 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 mycase.
At last the day arrived. I dressed myself in my best uniform. The gunfired from the admiral's ship, with the signal for a court-martial atnine o'clock; and I went on board in a boat, with all the witnesses. Onmy arrival, I was put under the custody of the provost-marshal. Thecaptains ordered to attend pulled alongside one after another, and werereceived 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 printthe evidence. At the head of the long table was the admiral, aspresident; on his right hand, standing, was Captain Hawkins, asprosecutor. On each side of the table were six captains, sitting near tothe admiral, according to their seniority. At the bottom, facing theadmiral, was the judge-advocate, on whose left hand I stood, asprisoner. The witnesses called in to be examined were stationed on hisright; and behind him, by the indulgence of the court, was a smalltable, at which sat my legal adviser, so close as to be able tocommunicate with me. The court were all sworn, and then took theirseats. Stauncheons, with ropes covered with green baize, passed along,were behind the chairs of the captains who composed the court, so thatthey might not be crowded upon by th
ose who came in to listen to whatpassed. The charges were then read, as well as the letters to and fromthe admiral, by which the court-martial was demanded and granted: andthen Captain Hawkins was desired to open his prosecution. He commencedwith observing his great regret that he had been forced to a measure sorepugnant to his feelings; his frequent cautions to me, and theindifference with which I treated them; and, after a preamble composedof every falsity that could be devised, he commenced with the firstcharge, and stating himself to be the witness, gave his evidence. Whenit was finished, I was asked if I had any questions to put. By theadvice of my lawyer, I replied, "No." The president then asked thecaptains composing the court-martial, commencing according to theirseniority, whether they wished to ask any questions.
"I wish," said the second captain who was addressed, "to ask CaptainHawkins whether, when he came on deck, he came up in the usual way inwhich a captain of a man-of-war comes on his quarter-deck, or whether heslipped up without noise?"
Captain Hawkins declared that he came up as he _usually did._ This wastrue enough, for he invariably came up by stealth.
"Pray, Captain Hawkins, as you have repeated a good deal of conversationwhich passed between the first lieutenant and the gunner, may I ask youhow 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 ondeck in your _usual_ way, as you term it, that you would have donebetter to have hemmed or hawed, so as to let your officers know that youwere present? I should be very sorry to hear all that might be said ofme in my supposed absence."
To this observation Captain Hawkins replied, that he was so astonishedat 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 hisevidence in favour of the charge had been given, I was asked by thepresident if I had any questions to put to the witness. I put thefollowing:--
"Did you repeat to Captain Hawkins that I had ordered the stove to belighted?"--"I did."
"Are you not in the custom of reporting, direct to the captain, anynegligence, or disobedience of orders, you may witness in the ship?"--"Iam."
"Did you ever report anything of the sort to me, as first lieutenant, ordo 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 thecourt:--
"You have served in other ships before?"--"Yes."
"Did you ever, sailing with other captains, receive an order from themto report direct to them, and not through the first lieutenant?" Thewitness here prevaricated.
"Answer directly, yes or no."--"No."
The third charge was then brought forward--for sending away boatscontrary 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 thegunner, and allowing him to accuse the captain of unwillingness toengage the enemy--was then again substantiated by Captain Hawkins, asthe only witness. I again left my reply for my defence; and only onequestion was put by one of the members, which was, to inquire of CaptainHawkins, as he appeared peculiarly unfortunate in overhearingconversations, whether he walked up as usual to the taffrail, or whetherhe _crept up._ Captain Hawkins gave the same answer as before.
The fifth charge--for insulting expressions to Captain Hawkins, on myrejoining the brig at Carlscrona--was then brought forward, and thesergeant of marines and one of the seamen appeared as witnesses. Thischarge excited a great deal of amusement. In the cross-examination bythe members of the court, Captain Hawkins was asked what he meant by theexpression, when disposing of the clothes of an officer who was killedin action, that the men appeared to think that his trousers would instilfear.
"Nothing more, upon my honour, sir," replied Captain Hawkins, "than animplication that they were alarmed lest they should be haunted by hisghost."
"Then, of course, Mr Simple meant the same in his reply," observed thecaptain sarcastically.
The remainder of the charges were then brought forward, but they were oflittle consequence. The witnesses were chiefly the sergeant of marines,and the spy-glass of Captain Hawkins, who had been watching me from theshore.
It was late in the afternoon before they were all gone through; and thepresident then adjourned the court, that I might bring forward my ownwitnesses, in my defence, on the following day, and I returned on boardthe _Rattlesnake_.
Peter Simple; and, The Three Cutters, Vol. 1-2 Page 67