His defence concluded thus:—

“The question before you is a great and momentous one,—it affects every

officer who has been, or at any time may be, in a situation of command.

Miserable, indeed, must be their condition if they are to be censured

for the fair and honest exercise of the discretion necessarily resulting

from such a situation. I have ever felt, that in my case, I have

exercised it wisely and beneficially; I still feel so, and were I again

placed in the same situation, I should act in the same manner; unless

this court, putting themselves in the situation I then was, and

considering all the circumstances that at that time presented themselves

to my consideration, and the various objects to which my attention was

necessarily directed, shall tell me I have acted erroneously. This I

trust they will not do.

“If, in the discussion of this question, I may be allowed to look to

subsequent events, they, I think, will fully justify the line of conduct

I adopted. By it I was enabled, after receiving a reinforcement, to

pursue the combined squadrons to Cadiz, and thereby perhaps to have laid

the foundation of that glorious victory (Trafalgar) which we have so

recently celebrated. Believe me, gentlemen, the circumstance of having,

by the various calumnies which have been spread, been put under the

necessity of soliciting the present enquiry, and thereby been prevented

from being a sharer in the glories of that day, has been no small

addition to the various sufferings I have undergone.

“These sufferings, I trust, will now have had their period, and the

opinion of this court will, I flatter myself, confirm me in that

estimation with the profession and the public, which I have for so many

years enjoyed, and to restore me unsullied that fair fame and reputation

which has on this occasion been so cruelly and unjustly attacked.”

In support of the defence, the Gazette and several official letters were

read, approving his conduct throughout the encounter. Nine officers, the

Hon. Captain Gardner, the Hon. Captain Legg, Captain Boyles, Captain

Lechmere, Captain Brown, Captain Cuming, Captain Griffiths, Captain

Elphinstone-Fleming, and Lieutenant Warrand, and the Rev. John Souter,

chaplain of the _Prince of Wales_ (Admiral Calder’s ship), all witnesses

of the engagement, spoke strongly in favour of the Vice Admiral, and

bore out the view that he could not renew the engagement. The evidence

of each is so nearly alike that I need here only give the statement of

one or two.

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