_Court_: Could the admiral and his division, as the wind was then, if
they had set all their sails from the time the signal for engaging was
made, and bore away properly, could they have come to a close engagement
with the enemy?—_Captain Young_: Yes, they certainly could; the French
were laying-to for us. I went down only under my topsails, and I don’t
know why they could not have added sail in proportion to the distance
and going of their ships.
Captain Cornwall examined:
“I went,” said he, “to my window abaft, to take a view of the fleet when
in line of battle, and was extremely surprised to see the admiral and
his division at so great a distance on the weather quarter; and seeing
the _Intrepid_ in great distress, and no signal given for removing her
out of the line, I went to her assistance; and, after getting her out of
the line, fell into her station, and engaged the _Foudoyrant_, the
French admiral, being the ship which I imagined fell to my lot in the
then line of battle.”
He also said he knew of no impediment to prevent the admiral’s engaging
at a proper distance, any more than the rest of the fleet.
General Lord Robert Bertie (son of Robert, first Duke of Ancaster, and a
scion of the great family of Bertie, now Earls of Lindsey and of
Abingdon) was sworn and examined, and proved an important witness for
the prisoner:—
_Court_: Where was you stationed?—_Lord R. Bertie_: Upon the quarterdeck
with the admiral.
_Court_: If the officers and recruits that were intended for Minorca had
been landed, do you think they would have saved Fort St. Philip’s?—_Lord
R. Bertie_: No; I think they were of greater service on board the fleet.
_Court_: Was you on board the quarterdeck with the admiral in the
engagement?—_Lord R. Bertie_: Yes; but upon informing the admiral that I
discovered one of our own ships through the smoke upon the lee bow of
the _Ramillies_, and which ship I was apprehensive the _Ramillies_ would
fire into without seeing her, I was detached by the admiral between
decks to stop the firing.
_Court_: Did you discover any signs of fear or confusion in the
admiral?—_Lord R. Bertie_: No, far from it; he expressed an impatience
to engage the enemy.
_Court_: How near were you to the enemy at the time of the
engagement?—_Lord R. Bertie_: We were so near the enemy as to be hulled
by them, and many of the enemy’s shots passed over us.
_Court_: Did you ever hear any murmurings, or complainings, by any of
the officers or men on board, upon a supposition that the admiral had
not done his duty?—_Lord R. Bertie_: No; I never heard anything like it.
Lord Robert Bertie’s examination being finished, Colonel Smith, who was
also upon the quarterdeck with the admiral, was examined next, who
confirmed what Lord Robert Bertie had said in every particular; and he
also added that a shot from the enemy passed between him and Lord Robert
Bertie as they were abaft the mainmast, which took off the head of a
timber upon the deck, and went through the hammocks in the main shrouds.
Captain Gardiner, of the _Ramillies_, testified that Byng showed quite
the reverse of fear, and there was naught to allege against his personal
behaviour.