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At this time, therefore, I had no tacked, and wore his whole fleet, and greater inducement to form the line, stood to the southward, on the starthan I had the morning of the former board tack, close hauled; but the wind, dav; and I could not have formed it immediately after they wore about, cowithout greatly increafing my distance ming more southerly, I continued to from the French fleet, contrary to that stand on till a quarter past ten, at which Nao of operation which I have already time I tacked the British fleet together fubmitted to the judgement of the court. by signal. Soon after we wore about on

The Vice Admiral of the Blue next the starboard tack, the wind came two charges, « That although my fleet was points in our favour to the westward, littady dispersed and in disorder, I, by which enabled us to lie up for a part of making the fignal for several ships in his them; but in a dark squall that foon af

fion to chase to windward, increased ter came on, I loft sight of the enemy for the diforder of that part of my fleet; and above half an hour, and when it cleared that the ships were in consequence more away at eleven o'clock, I discovered the lattered than they had been the day be- French fieet had changed their position, fore; and that, while in this disorder, I and were endeavouring to form the line banced to the enemy, and made the on the larboard tack; which finding they igral for battle."

could not effect without coming within in this part of the charge there is a gun-fhot of the van of the British fleet, beous design to mislead the under they edged down, and fired on my headring, and, by leaving out times and moft ships, as they approached them on termediate events, to make the trans. the contrary tack, at a quarter after etons of half a day appear but as one leven ; which was instantly returned ;

pent. It is, indeed, impoffible to and then, and not till then, I made the iad it, without being poffefred with signal for battle. All this happened in the idea, that at half past five in the about balf an hour; and must have been Derning, when I made the fignal for six owing to the enemy's falling to leeward of the thips of the Vice-Admiral of the in performing their evolution during the Blue's divifion to chase to windward, I fquall, which we could not see, and by is in the immediate prospect of closing that means produced this sudden and unwith an enemy approaching me in a re- expected opportunity of engaging them, per line, and all their motions plainly as they were near three leagues ahead of deating a design to give battle; instead me when the fquall came on. which, both the fleets were then on If therefore, by making the fignal for

arboard tack, the enemy's ficet near the line of battle, when the van of my teret leagues, if not more, to windward, fleet was thus suddenly getting within poing off close by the wind with a prefied reach of the enemy, and well connected 1. My reason, therefore, for making with the centre, as my accufer hipself that signal, at half past five, was to col has admitted, I had called back the Viceled as many ships to windward as I Admiral of the Red, the French flect cald, in order to strengthen the main might either have formed their line combody of the fieet, in case I shonld be able plete, and have come down upon my to get to action, and to fill up the interval feet while in the confusion of getting in. between the Victory and the Vice-Admi- to order of battle; or (what I had ftill ral, which was occasioned by his being greater reason to apprehend) might have far to leeward; and it is plain that the gone off to windward out of my reach Vice-Admiral must have himself under- altogether; for even as it was, the efood the object of the fignal, since it has , nemy's van, instead of coming close to appeared in the course of the evidence, action, kept their wind, and paflcd hardthat on its being made, the Formidable ly within random-thot. it ber main-fail, and let the reefs out of My accuser next afferts, as an ageratt top-fails : and indeed the only rea- vation of his former charge, “ That the in why it was not originally made for French fleet was in a regular line on that the whole divifion was, that they must tack which approached the British fleet, bare then chased as a division, which all their motions plainly indicating a de. would have retarded the best-going ships fign to give battle.” IT an attendance on the Vice-Admiral. Both these facts have already been

Things were in this situation when, contradicted by the testimony even of his 1: half past nine, the French Admiral own witnefics. That the enemy's fleet

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