PRESIDENT.—“No; _not the least_!”[49] (_Minutes_, pp. 30, 31.)

-----

Footnote 49:

Inspection of more than one of the logs can leave no doubt, from the

neatness of the handwriting, that those relating to the date of the

action had been recopied, and could not have been written from day to

day; which from the difference in the pen and other little

circumstances must have shown itself as in other logs. In one instance

portions of the signal book have been transcribed into the ship’s log.

G.B. EARP.

-----

It was nevertheless a fact that it _had_ been tampered with, as was

unwittingly elicited by Mr. Bicknell from the same witness.

QUESTION.—“You say, on your oath, that you believe everything in this

log to be correct.”

MASTER.—“Yes.”

QUESTION.—“How does it happen that the signals of the _Impérieuse_ are

inserted in the margin of the log amongst the columns, and _not in the

body of the log_?”

MASTER.—“I wrote that _at the same time the log was written_!”

“Why did you not put it in the body of the log in the narrative?”

MASTER.—“_I made a mistake!_ in copying it from the log-board!”

(_Minutes_, pp. 29, 30.)

It will thus be seen that my most material testimony was attempted to be

stopped by the Court as “irrelevant;”—that the Judge-Advocate gave as a

reason for receiving testimony _really irrelevant_, that it _ought_ to

be received because “_it would affect the evidence of Lord

Cochrane_;”—that garbled logs were resorted to—that the whole

proceedings were directed against me, and carefully in favour of Lord

Gambier, by leading questions which abound in almost every page, that I

was not allowed to be present whilst the witnesses were under

examination, so that I had no opportunity of cross-examining them in my

own vindication—a right granted to every man by the constitution of his

country; and that I was _refused admission_ to the Court during the

delivery of Lord Gambier’s defence, _by the Judge-Advocate himself_! a

most unusual course, that defence being full of the most injurious

insinuations against my honour, though these were not borne out by

evidence. In short, I was refused admission to the Court, though I

quoted a precedent _not two months old_, in support of my right to be

present—a right the more important to me if only from the fact of Lord

Gambier having written a second despatch relative to the action in Aix

Roads, in which despatch my services were altogether omitted,

notwithstanding his lordship’s praises of my conduct in his first

despatch written on the spot, where everything had transpired under his

own observation.

I must now briefly advert to his lordship’s defence, but only so far as

personally concerns myself.

Lord Gambier stated at the outset of his defence, that he had been

compelled to demand a court-martial in consequence of “the insinuations

thrown out against him by Lord Cochrane, which not only compromised his

own honour, but that of brave officers and men serving under his

command.” (_Minutes_, p. 105.)

I never threw out against his lordship a single insinuation, nor does

one exist, either on the records of the Court or elsewhere. I merely

told Lord Mulgrave, as narrated in the first volume, that I did not

consider Lord Gambier’s services worthy of a vote of thanks from

Parliament, and that on this ground, as bound by public duty to my

constituents, I should resist it. As will presently be seen, this was

also the opinion of many eminent men in Parliament, and on the same

ground too—that of public duty. If I committed any offence in this, it

was that of refusing to have my name coupled with that of Lord Gambier

in the vote of thanks, and resisting an offer of an independent squadron

and a regiment[50], not to persist in my determination of opposing it.

-----

Footnote 50:

See vol. i. p. 404.

-----

That my objection to the vote of thanks to Lord Gambier included any of

the officers serving under him was a gratuitous assumption to secure

sympathy for himself. As I have shown, the opinions of those officers

present in the action, whose opinions were to be relied on, were

_anything but in Lord Gambier’s favour_. Not a single word did I utter

against any officer; though, on the ninth and last day of the

court-martial, it was with the greatest difficulty, and _after a

positive refusal_, that I succeeded in getting a denial of Lord

Gambier’s unfounded assertion attached to the Minutes. It will be better

to give the whole transaction.

The Right Honourable Lord Cochrane called in.

PRESIDENT.—“Lord Cochrane, I have received the note which you

addressed to me, and have taken the sense of the Court upon it. The

decision of the Court is, that as the matter to which your lordship

refers _does not at all bear upon the trial of Lord Gambier they

cannot enter into it_.”

LORD COCHRANE.—“I would request, sir, that that letter may appear as

an official letter to you, and that it may be entered upon the

Minutes.”

PRESIDENT.—“The Court will take that into their consideration.”

The Court was cleared.

The Court was re-opened at one o’clock.

PRESIDENT.—“Lord Cochrane, the Court have taken into their

consideration the note you addressed to them, and have agreed that it

shall be attached to the Minutes.”

The autobiography of a seaman (volume 2 of 2) · 第 30 / 106 题