CHAPTER SIXTY ONE.

BAD NEWS FROM HOME, AND WORSE ON BOARD--NOTWITHSTANDING HIS PREVIOUS

TRIALS, PETER FORCED TO PREPARE FOR ANOTHER--MRS. TROTTER AGAIN;

IMPROVES AS SHE GROWS OLD--CAPTAIN HAWKINS AND HIS TWELVE CHARGES.

No other event of consequence occurred until we joined the admiral, who

only detained us three hours with the fleet, and then sent us home with

his despatches. We arrived, after a quiet passage, at Portsmouth, where

I wrote immediately to my sister Ellen, requesting to know the state of

my father's health. I waited impatiently for an answer, and by return

of post received one with a black seal. My father had died the day

before from a brain fever; and Ellen conjured me to obtain leave of

absence, to come to her in her state of distress. The captain came on

board the next morning, and I had a letter ready written on service to

the admiral, stating the circumstances, and requesting leave of absence.

I presented it to him and entreated him to forward it. At any other

time I would not have condescended: but the thoughts of my poor sister,

unprotected and alone, and my father lying dead in the house, made me

humble and submissive. Captain Hawkins read the letter, and very coolly

replied, that "it was very easy to say that my father was dead, but he

required proofs." Even this insult did not affect me; I put my sister's

letter in his hand--he read it, and as he returned it to me, he smiled

maliciously. "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 long

list of the charges preferred by him. I was stupefied, not so much at

his asking for a court-martial, but at the conviction of the

impossibility of my now being able to go to the assistance of my poor

sister. I went down into the gun-room and threw myself on a chair, at

the same time tossing the letter to Thompson, the master. He read it

over carefully, and folded it up.

"Upon my word, Simple, I do not see that you have much to fear. These

charges are very frivolous."

The next morning, the official letter from the port-admiral came off,

acquainting me that a court-martial had been ordered upon me, and that

it would take place that day week. I immediately resigned the command

to the second lieutenant, and commenced an examination into the charges

preferred. They were very numerous, and dated back almost to the very

day that he had joined the ship. There were twelve in all. I shall not

trouble the reader with the whole of them, as many were very frivolous.

The principal charges were:--

1. For mutinous and disrespectful conduct to Captain Hawkins, on (such

a date), having in a conversation with an inferior officer on the

quarter-deck stated that Captain Hawkins was a spy, and had spies in the

ship.

2. For neglect of duty, in disobeying the orders of Captain Hawkins, on

the night of the --- of ---.

3. For having, on the --- of ---, sent away two boats from the ship, in

direct opposition to the orders of Captain Hawkins.

4. For having again, on the morning of the --- of ---, held mutinous

and disrespectful conversation relative to Captain Hawkins with the

gunner of the ship, allowing the latter to accuse Captain Hawkins of

cowardice, without reporting the same.

5. For insulting expressions on the quarter-deck to Captain Hawkins, on

his rejoining the brig on the morning of the --- of ---.

6. For not causing the orders of Captain Hawkins to be put in force on

several occasions, etcetera, etcetera, etc.

And further, as Captain Hawkins' testimony was necessary in two of the

charges, the King, _on those charges_, was the prosecutor.

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 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 pairs of stockings. I did not refuse

them, nor shall you refuse me now."

Mr 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-martial. 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.

Court-martials 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 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.

"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.

"But, Captain Hawkins, do you not think, allowing that you came up on

deck in your _usual_ way, as you term it, that you would have done

better, to have hemmed or hawed, so as to let your officers know that

you were present? I should be very sorry to hear all that might be said

of me in my supposed absence."

To this observation, Captain Hawkins replied, that was so astonished at

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 his

evidence in favour of the charge had been given, the following questions

were put by some of the members of the court:--

"You have served in other ships before?"

"Yes."

"Did you ever, sailing with other captains, receive an order from them,

to report direct to them, and not through the first lieutenant?"

The witness here prevaricated.

"Answer directly, yes or no."

"No."

The third charge was then brought forward--for sending away boats

contrary 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 the

gunner, and allowing him to accuse the captain of unwillingness to

engage the enemy--was then again substantiated by Captain Hawkins, as

the only witness. I again left my reply for my defence; and one only

question was put by one of the members; which was, to inquire of Captain

Hawkins, as he appeared peculiarly unfortunate in overhearing

conversations, whether he walked up as usual to the taffrail, or whether

he _crept up_.

Captain Hawkins gave the same answer as before.

The fifth charge--for insulting expressions to Captain Hawkins, on my

rejoining the brig at Carlscrona, was then brought forward; and the

sergeant of marines and one of the seamen appeared as witnesses. This

charge excited a great deal of amusement. In the cross-examination by

the members of the court, Captain Hawkins was asked what he meant by the

expression, when disposing of the clothes of an officer who was killed

in action, that the men appeared to think that his trowsers would instil

fear.

"Nothing more upon my honour, sir," replied Captain Hawkins, "than an

implication that they were alarmed lest they should be haunted by his

ghost."

"Then, of course, Mr Simple meant the same in his reply," observed the

captain sarcastically.

The remainder of the charges were then brought forward; but they were of

little consequence.

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