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Peter Simple

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<h3>Chapter Sixty Two.</h3> <h4>A good defence not always good against a bad accusation—Peter wins the hearts of his judges, yet loses his cause, and is dismissed his ship.</h4> The next day I commenced my defence: I preferred calling my own witnesses first, and, by the advice of my counsel, and at the request of Swinburne, I called him. I put the following questions:— “When we were talking on the quarter-deck, was it fine weather?” “Yes, it was.” “Do you think that you might have heard any one coming on deck, in the usual way, up the companion ladder?” “Sure of it.” “Do you mean, then, to imply that Captain Hawkins came up stealthily?” “I have an idea he pounced upon us, as a cat does a mouse.” “What were the expressions made use of?” “I said that a spy captain would always find spy followers.” “In that remark, were you and Mr Simple referring to your own captain?” “The remark was mine: what Mr Simple was thinking of I can’t tell; but I did refer to the captain, and he has proved that I was right.” This bold answer of Swinburne’s rather astonished the court, who commenced cross-questioning him; but he kept to his original assertion—that I had only answered generally. To repel the second charge, I produced two witnesses. But to the third charge I brought forward three witnesses, to prove that Captain Hawkins’ orders were, that I should send no boats on shore—not that I should not send them on board of the men-of-war close to us. In answer to the fourth charge, I called Swinburne, who stated that if I did not, he would come forward. Swinburne acknowledged that he accused the captain of being shy, and that I reprimanded him for so doing. “Did he say that he would report you?” inquired one of the captains. “No, sir,” replied Swinburne, “’cause he never meant to do it.” This was an unfortunate answer. To the fifth charge, I brought several witnesses to prove the words of Captain Hawkins, and the sense in which they were taken by the ship’s company, and the men calling out “Shame!” when he used the expression. To refute the other charges I called one or two witnesses, and the court then adjourned, inquiring of me when I would be ready to commence my defence. I requested a day to prepare, which was readily granted; and the ensuing day the court did not sit. I hardly need say that I was busily employed arranging my defence with my counsel. At last all was done, and I went to bed tired and unhappy; but I slept soundly, which could not be said of my counsel, for he went on shore at eleven o’clock, and sat up all night, arranging and making a fair copy. After all, the fairest court of justice is a naval court-martial—no brow-beating of witnesses, an evident inclination towards the prisoner—every allowance and every favour granted him, and no legal quibbles attended to. It is a court of equity, with very few exceptions; and the humbler the individual, the greater the chance in his favour. I was awoke the following morning by my counsel, who had not gone to bed the previous night, and who had come off at seven o’clock to read over with me my defence. At nine o’clock I again proceeded on board, and, in a short time, the court was sitting. I came in, handed my defence to the judge-advocate, who read it aloud to the court. I have a copy still by me, and will give the whole of it to the reader. <blockquote> “Mr President and gentlemen,—After nearly fourteen years service in His Majesty’s navy, during which I have been twice made prisoner, twice wounded, and once wrecked; and, as I trust I shall prove to you, by certificates and the public despatches, I have done my duty with zeal and honour—I now find myself in a situation in which I never expected to be placed—that of being arraigned before and brought to a court-martial for charges of mutiny, disaffection, and disrespect towards my superior officer. If the honourable court will examine the certificates I am about to produce, they will find that, until I sailed with Captain Hawkins, my conduct has always been supposed to have been diametrically opposite to that which is now imputed to me. I have always been diligent and obedient to command; and I have only to regret that the captains, with whom I have had the honour to sail, are not now present to corroborate, by their oral evidence, the truth of these documents. Allow me, in the first place, to point out to the court, that the charges against me are spread over a large space of time, amounting to nearly eighteen months, during the whole of which period, Captain Hawkins never stated to me that it was his intention to try me by a court-martial; and, although repeatedly in the presence of a senior officer, has never preferred any charge against me. The articles of war state expressly, that if any officer, soldier or marine, has any complaint to make, he is to do so upon his arrival at any port or fleet, where he may fall in with a superior officer. I admit that this article of war refers to complaints to be made by inferiors against superiors; but, at the same time, I venture to submit to the honourable court, that a superior is equally bound to prefer a charge, or to give notice that that charge will be preferred, on the first seasonable opportunity, instead of lulling the offender into security, and disarming him in his defence, by allowing the time to run on so long as to render him incapable of bringing forward his witnesses. I take the liberty of calling this to your attention, and shall now proceed to answer the charges which have been brought against me. “I am accused of having held a conversation with an inferior officer on the quarter-deck of His Majesty’s brig Rattlesnake, in which my captain was treated with contempt. That it may not be supposed that Mr Swinburne was a new acquaintance, made upon my joining the brig, I must observe, that he was an old shipmate, with whom I had served many years, and with whose worth I was well acquainted. He was my instructor in my more youthful days, and has been rewarded for his merit, with the warrant which he now holds as gunner of His Majesty’s brig; Rattlesnake. The offensive observation, in the first place was not mine; and, in the second, it was couched in general terms. Here Mr Swinburne has pointedly confessed that he did refer to the captain, although the observation was in the plural; but that does not prove the charge against me—on the contrary, adds weight to the assertion of Mr Swinburne, that I was guiltless of the present charge. That Captain Hawkins had acted as a spy, his own evidence on this charge, as well as that brought forward by other witnesses, will decidedly prove; but as the truth of the observation does not warrant its utterance, I am glad that no such expression escaped my lips. “Upon the second charge I shall dwell but a short time. It is true that there is a general order that no stoves shall be alight after a certain hour; but I will appeal to the honourable court, whether a first lieutenant is not considered to have a degree of licence of judgment in all that concerns the interior discipline of the ship. The surgeon sent to say that a stove was required for one of the sick. I was in bed at the time, and replied immediately in the affirmative. Does Captain Hawkins mean to assert to the honourable court, that he would have refused the request of the surgeon? Most certainly not. The only error I committed, if it were an error, was not going through the form, of awaking Captain Hawkins, to ask the permission, which, as first lieutenant, I thought myself authorised to give. “The charge against me, of having sent away two boats, contrary to his order, I have already disproved by witnesses. The order of Captain Hawkins was, not to communicate with the shore. My reasons for sending away the boats—” Here Captain Hawkins interposed, and stated to the president that my reasons were not necessary to be received. The court was cleared, and, on our return, the court had decided that my reasons ought to be given, and I continued. “My reasons for sending away these boats, or rather it was one boat which was despatched to the two frigates, if I remember well, were, that the brig was in a state of mutiny. The captain had tied up one of the men, and the ship’s company refused to be flogged. Captain Hawkins then went on shore to the admiral, to report the situation of his ship, and I conceived it my duty to make it known to the men-of-war anchored close to us. I shall not enter into further particulars, as they will only detain the honourable court; and I am aware that this court-martial is held upon my conduct, and not upon that of Captain Hawkins. To the charge of again holding disrespectful language on the quarter-deck, as overheard by Captain Hawkins, I must refer the honourable court to the evidence, in which it is plainly proved that the remarks upon him were not mine, but those of Mr Swinburne, and that I remonstrated with Mr Swinburne for using such unguarded expressions. The only point of difficulty is, whether it was not my duty to have reported such language. I reply, that there is no proof that I did not intend to report it; but the presence of Captain Hawkins, who heard what was said, rendered such report unnecessary. “On the fifth charge, I must beg that the court will be pleased to consider that some allowance ought to be made for a moment of irritation. My character was traduced by Captain Hawkins, supposing that I was dead; so much so, that even the ship’s company cried out shame. I am aware that no language of a superior officer can warrant a retort from an inferior; but, as what I intended to imply by that language is not yet known, although Captain Hawkins has given an explanation to his; I shall merely say, that I meant no more by my insinuations, than Captain Hawkins did at the time by those which he made use of with respect to me. “Upon the other trifling charges brought forward, I lay no stress, as I consider them fully refuted by the evidence which has been already adduced; and I shall merely observe, that, for reasons best known to himself, I have been met with a most decided hostility on the part of Captain Hawkins, from the time that he first joined the ship; that, on every occasion, he has used all his efforts to render me uncomfortable, and embroil me with others; that, not content with narrowly watching my conduct on board, he has resorted to his spy-glass from the shore; and, instead of assisting me in the execution of a duty sufficiently arduous, he has thrown every obstacle in my way, placed inferior officers as spies over my conduct, and made me feel so humiliated in the presence of the ship’s company, over which I have had to superintend, and in the disciplining of which I had a right to look to him for support, that, were it not that some odium would necessarily be attached to the sentence, I should feel it as one of the happiest events of my life that I were dismissed from the situation which I now hold under his command. I now beg that the honourable court will allow the documents I lay upon the table to be read in support of my character.” </blockquote> When this was over, the court was cleared, that they might decide upon the sentence. I waited about half-an-hour in the greatest anxiety, when I was again summoned to attend. The usual forms of reading the papers were gone through, and then came the sentence, which was read by the president, he and the whole court standing up with their cocked hats on their heads. After the preamble, it concluded with saying; “that it was the opinion of that court that the charges had been partly proved, and therefore, that Lieutenant Peter Simple was dismissed his ship; but, in consideration of his good character and services, his case was strongly recommended to the consideration of the Lords Commissioners of the Admiralty.” <hr></div> <div class="bodytext"> <div style="break-after:column;"></div>

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