poffeffed of offices which fupplied an ample income, and though for thirty years of my life, afflicted with a painful bodily infirmity, from an accident in the courfe of the fervice, and therefore more expofed to danger from the fatigues of a feacommand; yet, warmed by a zeal to ferve my country once more in the walk of my profeffion, I was happy to be honoured with the third poft in the fleet under the command of Adm. Keppel.

An engagement foon enfued; and for my fhare in it, the Admiral publicly and repeatedly teftified his approbation of my conduct. But, the action not being followed with that fplendid and complete victory our countrymen expected, fome of the friends and dependents of the Admiral thought fit to caft injurious reflections both on me and my divifion, tho' much the greater fhare of the engagement had fallen to our lot; and it was endeavoured, by letters in the public prints [40. 624.], and otherwife, to imprefs the world with an idea, that my mifconduct more particularly was the caufe of not having come to a fecond and more decifive engagement.

I appealed to my commander in chief for juftice to my character, but I found him averfe to giving a proper check and contradiction to the reports by which my honour was wounded [258.]; and, not withstanding his having at first publicly approved of my conduct, I had too good grounds to fufpect, that privately he did not difcourage a very oppofite reprefentation of me.

Inflamed with refentment by the attacks on my character as an officer, and by refufal of the commander in chief either to accufe or to exculpate me, I purfued measures, with a view chiefly to my own juftification, which have brought upon me the rage of a violent party; and the most unexampled irregularities have been practised to effect my ruin and destruction, as well as through the pretence of my name to disturb the public tranquillity.

To check thefe proceedings, I anticipated the wishes of my enemies, by maing an immediate furrender of feveral valuable offices, to the amount of between wo and three thousand pounds a-year, eaving myself with no other mark of difinction than my military rank, which I retained with a view only of having the Denefit of a trial.

But my enemies prefcribe no bounds to

their rage and malice. Before my trial was ordered, every species of threat was applied to deter me from appealing to a court-martial for clearing my honour; and, fince it has been known, every art, which the industry of a hoft of powerful enemies can fupply, has been practifed to difappoint me of a fair hearing. All accufe fecretly, but not one of the whole lift chufes to come forth in a manly way to avow his accufation. By this ungenerous manner of proceeding, I am expofed to the most extraordinary difadvantages. My real accufers become witneffes. No fpecific charge is made, in confequence of which I fearce knew how to hape my defence. Every witness claims the right of attacking me as an accufer; fo that, fince the first day of the trial, new accufations have been daily springing up. If the accufation fails of fuccefs, blame belongs to no body. It it fucceeds, each will claim a fhare in the merit of making it. But even all this is not enough to gratify their refentment: fince my trial has been ordered, they have attempted to deter me from it, by conspiring to addrefs his Majefty to degrade ine from my rank; and I have too much reafon to believe, that two of the Admirals, and moft of the Captains examined against me, have been fo regardiefs of even the femblance of decency as to fign it, though even when they knew that they were to be called upon as witneffes. Nay, fince the trial has been going on, daily attempts have been made in the public papers to alarm my judges, as if themfelves would not be fafe from attack in doing me juftice.

With all this weight of party and prejudice co-operating against me, my enemies may have flattered themselves with the hope of difarming me of the fortitude requifite to fuftain me in fo oppreffive and trying a fituation: but, feeling a confeioufnefs of my innocence, and encou raged by confidence in your firm impartiality, unequal and fevere as the conflict is, I look to the iffue of it without dread or apprehenfion.

DEFENCE.

THE general fubject of my misconduct as the third in command, claims my attention in preference of all others: and it is first infinuated, That at five o'clock in the morning of the 27th of July I was to leeward, and confiderably out of my ftation; that a fignal was made for fe

veral ships of my divifion to chafe to windward, in order that they might clofe with the fleet.

Adm. Campbell made that fignal without orders from the commander in chief; and feems to endeavour to justify himself with the propriety of the measure, altho' it had quite a contrary effect.

My answer to that is, That the Formidable, on the morning of the 27th of July, was nearly in her ftation, agreeable to where fhe had been placed the day before; notwithstandiag which, Adm. Campbell places me in quite a different fituation. Sure I am, that I was ever ftudious to keep my fhip as near in her ftation as circumstances would permit.

My conduct, during the action was fuch, that my most bitter enemies have not dared to accufe me, or in the least to disapprove of.

I will fpeak a few words with refpect to the action. I went into it with great difadvantage; and whatever was the real intention of the fignal made to chafe, it operated quite contrary. The centre and van divifions went into action, and were fupported by each other; whilft I had only two ships to go into action with me, and the neareft of them at half a mile diftance: before I began firing, I backed my mizen topfail, and both received and gave more fire in confequence of it, and hauled my wind to clofe with the two fternmoft fhips of the enemy, who had avoided a great part of the action. I apprehend that I engaged far more fhips than fell to my fhare, whilft Adm. Keppel, even by his own log. book, fell in with only fix or feven. I fhould be against mentioning this, only to account for the damages my fhip re. ceived more than any other, and, confequently, wanted more repairs.

Adm. Keppel, in giving his evidence, it is true, faid, in doing what I did, I did no more than my duty. It was a cool way of mentioning my conduct; and altho' it was my fortune to have more of the action than the two other divifions, yet I do not in the leaft mean to infer, but that, if the officers of the other divifions had been engaged on the fame terms, they would have acquitted themfelves with equal zeal.

I imagined the Admiral would have renewed the action immediately after paffing the rear of the enemy, and was therefore willing to take the lead, and ordered the hip to be wore directly without examining into her particular damages; my orders were executed, and

by temporary ropes, and other expe dients, we wore immediately; which was plainly feen by Capt. Marshall and Capt. Robinson.

Some time after the wearing I percei ved the fignal for battle hauled down a board the Admiral, likewife on board Sir Robert Harland's divifion; I thes thought the Admiral had given it over: and finding three French fhips pointing towards me, I faw no reafon to contine in the fituation I was, unfupported, and liable to be cut off; therefore wore, ta meet and join the body of the fleet; and never did I fee the fignal for the line urtil abreast of the Victory; which will ap pear the lefs extraordinary, when Sir Robert Harland himself never faw it while on the larboard tack, neither did Capt. Laforey while the Victory was e that tack.

Had the fignal for fhips being out of their station been made, in all probabi. lity I must have seen it, as it would have been at the main topmaft head, and which would, in my opinion, have be a proper fignal.

Had I not wore again as I did, the three French fhips would moft undoubt edly have feparated me; and furely I ftand exculpated in that, when Adm. Keppel fays, he should not have deferved the name of an officer had he led on to battle again without his fleet being form ed, when he plainly faw that of his ent my was. If the Victory was in a danger ous fituation while on the larboard tack, with fome ships with her, how much more fo muft I have been, unfupported and alone? But Adm. Keppel blames me for it; and Adm. Campbell, ever willing to find fault with me, difapprove of my conduct, and approves of that of all others: how to account for this ftrange partiality I am at a lofs.

The Formidable paffed the Victory s little before three o'clock, and the fig nal for wearing and the line was then fir feen, which will be proved by feveral c my witneffes; and had not a member of this court afked, during the prefent tria' the question, Whether a gun was fire. when the fignal was made? a particu fact could never have come to light. On hearing the question asked, I directly, ca leaving the court, fent for my gunner, and, on examining his expence-book, i find the particular charge of powder *** firing that gun fet down in his book, which was the last gun fired.

In the course of the evidence which I all produce, I shall prove, that the fig. al for the line was repeated on board he Formidable, and kept flying until ark, except the small interval of time it as hauled down to fhew the fignal for earing into the wake the more plain, as as done on board the Victory.-And ere it is proper to take notice of the difbedience of orders which has occafioned I thefe unfortunate difputes. Adm. Keppel, when speaking in parlia ent, would not impute any wilful neglect me for not obeying his orders; but id, the fignal for bearing down into his ake was flying for five hours unobeyed. faying this, he fuppofed facts which ever exifted; for the fignal for bearing to his wake, a blue flag at the mizeneak, was first made at twenty-four miites past three, and kept flying only a ort time; it was then hauled down, nd not hoifted again until after fix clock. The fignal when it was first ifted could not be applicable to me, as was then in the Victory's wake; and, cording to the time mentioned of its ft being repeated on board the Arethu, I was abfolutely to leeward; notwithanding which, the Admiral firmly afrts, that the fignal was for fhips to indward to bear down, and that it was enforcing fignal for my divifion, hich is represented as to windward of e Admiral, when they were not fo. As the fignal was not applicable to me first, it may probably be asked, then, to hom could it be applicable? I will enavour to account for this: My opinion , that the blue flag was firft intended r Sir Robert Harland, and I conclude e Proferpine was fent with the mefge; if it was not for the Red divifion, must be intended for fome ships of the entre-divifion. As the Victory carried uch fail, she was continually increafing -r distance.

To find out whether I endeavoured get into my ftation, two things are ceffary to be observed; whether I ered the right course? and whether I rried proper fail ?

When the Victory paffed to leeward, e edged away; we did the fame; and hen we edged away to give the Red diion room to form, it did not in the ft impede us in our repairs, nor inrupt the orders for forming the line, we were then not in a condition to ve kept our station in the line between VOL. XLI.

any two fhips; we therefore kept the Victory open on our lee-bow: and that we carried all the fail I poffibly could, and our inability to bend the fore topfail fooner, I fhall thoroughly prove by witneffes.

The court will confider, as my ship fuffered more in her men than any other, it is very natural to fuppofe the suffered more in her hull and rigging, and confequently would want a longer time to refit. We fuffered in our men within two as much as the whole ten ships of the Red divifion; and as we came out of action laft, it ought to be expected that we fhould be the last repaired. Befides, we were much retarded in wearing directly after we came out, as we did not begin to refit until after we had wore; and the boatswain being killed in the early part of the action, it must be allowed by all judges to be a material loss in repairing our rigging. Befides, I was deprived too of the ufe of three of my lieutenants, one being wounded, and two others too ill to attend, notwithstanding they endeavoured to do all that lay in their power, and expreffed an ardent with to be employed.

I had not one perfon in my fhip that was in her when he was fitted out, that knew where any of the boatswain's stores were placed in the fhip.

Had I not placed Capt. Bazeley in the fore part of the ship to attend to her repairs, it would have been impoffible to have got ready fo foon as we did, as the chief damages lay in her føre part.

Great pains have been taken to perfuade the world, that, as the Formidable could wear, and sheer out of the way of others, fhe could undoubtedly have got into her station. I will appeal to any feaman, whether or no a fhip, with any fails fet in moderate weather, may not be made to wear, or sheer out of the way of others, when at the fame time the may not be able to fetch into her station.

Adm Keppel and Campbell have af serted, that by bearing away I might have fetched into my ftation, as I was nearly on the Victory's beam; but Capt. Bazeley, and Mr Forfar, the master of the Formidable, will entirely confute them, and fhew, that I was at that time in the Victory's wake, a mile aftern; and it is rather extraordinary, that not one who has spoke to my fituation has ever pretended that he fet me by compafs.

4 X

Cap'.

Capt. Marshall corroborates Capt. Bazeley's evidence with respect to my fituation; and, what is rather uncommon, Adm. Keppel and Adm. Campbell place me within a point of what my officers affert I was; which makes it impoffible to have fetched up into my station, unless the Admiral had fhortened fail.

It was officer and seaman like to keep to windward, until I could fetch my ftation, and then bear into it.

The affertion, that I kept clofe to the wind, and that the Victory went large, is untrue: the Victory's log-book is falfe and erroneous; for we always fteered the fame courfe the Admiral did, and, had we even been willing to hug the wind close, we could not, owing to the want of braces and bowlings. The For midable's log-book makes the Formidable to have failed, the early part of the evening, two knots two fathoms, afterwards three knots, and at last three knots four fathoms, which I believe was nearly a true account; the Victory's logbook at those periods makes her to fail only two knots. Was there any truth in the logs, I own there would be great room for argument; as I outfailed the Victory, it would entirely have been my fault; but as the logs are incorrect, the force of reafoning is loft.

A man must be but little skilled in-naval affairs if he expects correctnefs in log books, and I never knew that any great credit was given to them as evidence. Adm. Byng was told fo on his trial. The Victory's log-book makes the fignal for bearing down hoifted at half past four o' clock on board the Victory, which by the minutes of Capt. Marshall was not hoift ed a fecond time until thirteen minutes after fix o'clock. The fame log-book makes the Prince George and Bienfaifant's fignals to be thrown out to chafe the French fhips on the morning of the 28th at four o'clock, and not to be hauled down until nine o'clock; which leaves you to fuppofe the chace was continued for five hours; when the evidence of Capt. Macbride tells you he did not chafe more than half an hour: thefe mistakes, whewilful or not, are fufficient to impeach the authenticity of the book; and unless the Foudroyant's log-book is confiderably overmarked, the Victory's log-book is much undermarked.

I would not fuppofe the Victory undermarked, only our want of headfail muft have made her outfail us confiderably

The Admiral did not expect me before fix o'clock, which was plain, not only by his not hoifting the blue flag at the mizen-peak until fix o'clock, and his b ving ordered Sir Robert Harland to cupy my ftation aftern until that time.

The pendants for particular hind my divifion were not added to the fi until after six o'clock, and even then the of the Formidable was not made : i expected me fooner, why did he not hat them before?

The next stage I shall touch upon, that of the meffage fent to me by de Fox frigate. I fhall confute the evident that has been given about it from the first to the last. Adm. Keppel fays, be fent it at five o clock; in which he is fupported by fome of the officent b fhip. Capt. Windsor makes the fine earlier. But they are all falfe in ther accounts, as I fhall make appear by the minutes produced by Capt. Mar; and, furely, after the high encom paffed on that officer by Adm. Kep he cannot disbelieve him. Capt. fhall makes the fignal for the Fox to within hail at thirty-two minutes five o'clock, which is half an hour later, and if Capt. Marshall was three ma from the Victory and the Fox near him. Adm. Keppel could not fend the mo fage before five, but after fix o'clock; and in this Adm. Keppel fpeaks direc falfe; for the fignal for the Fox made at thirty-two minutes paft five, d not hauled down until three minutes pal fix o'clock. However, the time t mentioned was moft convenient for plan of my destruction. But I hope, for Adm. Keppel's fake, that he founded the Proferpine's fignal for the of the Fox; but that he could not də, without impeaching the evidence of Ca Berkley, Capt. Windfor, and Admin Campbell. Capt. Windfor fwore, the he delivered the message about half p five; which will appear to the court be grofsly mifreprefented; for he a the Formidable was three points on weather-quarter, and three miles diftan and before he could gain her he was liged to take a trip; which muff tak: him more than an hour; which neary agrees with the time it was delivered, which was between feven and eight o clock, a little before fun-fet. The i in July, in the latitude of Ufhant, f between half paft feven and eight o'clock; and to ftrenghten this we had repeated

the blue flag's particular pendants before Capt. Windfor came. The refult is, that what was faid to be delivered at half past five o'clock was not delivered until half past seven o'clock, which makes the time of delivery to be too late to re

new the action.

There is likewife a strange difference with refpect to what the meffage was: fome affert it was for me and my divifion, others it was for my divifion only, to bear down. I allow that the meffage was delivered for my divifion to bear down; but I equally deny that me, or that he waited for me to renew the action, was mentioned: thofe gentlemen who have fpoke to the meffage, fpeak only from recollection, never having committed the meffage to paper; thofe n my ship who heard the meffage agree with me.

The Admiral could not be waiting for ne the whole afternoon: if he had, why id he not make an enforcing fignal, unil paft fix o'clock? If he was diffatified with my conduct, why did he not o farther? make a fignal for more fail? nd why did he not make my particular ignal? If he meant to be delicate, (as e fays), would not my particular fignal ave been more delicate than to fend a rimming meffage ?

In Adm. Keppel's public letter [40. 87.], he fays, he allowed the enemy to orm (nay, his log-book fays the fame), hat he might engage them the next aorning; but not a word of renewing he action the fame afternoon; and when hofe cruel words were thrown out aainst me, I appealed to him if fuch a effage was fent; when he replied in is remarkable manner, "I am told fuch ords were used." His language on oath of the fame defigning pitiful kind. The effage did not come to me by the Fox ntil, as Adm. Campbell faid, all degns of renewing the battle were laid ade. I was, however, in my ftation, ady for action, before day-light next orning; and it did not strike me then, om the pofitions of the fleet, as necefry either to fend a message of my incacity, or to fhift my flag.

When I close my evidence, I hope to indulged with a few words upon what Thall have proved; I fhall therefore >w fpeak to the two laft points. The It is, that of my distinguishing lights. have witneffes to prove that they were arning all night, although I, on the

former trial, was led to fuppofe, from the lanthorn being broke, they might not. The remaining article, with refpect to the fituation of the Formidable at day-break, Sir Charles Douglas fays, he faw us greatly ahead. I am pretty confident he believes what he afferts; but I fhall bring witneffes to prove that he was miftaken, and that the Formidable, as the ninth fhip from the Victory, was aftern at the time he fays he faw her ahead.

After the action was over, I vifited Adm. Keppel on board the Victory : he did not then in the least blame me for my conduct; but fhewed me a letter, which, if it was not the fame, was very little different from that in the London Gazette, approving of my conduct. And is it poffible that he can be guilty of fo much duplicity as to commend me then, and blame me now! But it was apparent enough, that, in giving his evidence before this court, he endeavoured to narrow his praise as much as poffible, by faying, he meant my conduct while in action. Indeed I faw his embat raffment, but was not aftonished, as it arofe from his fecret and mental refervation.

He wrote a fecond letter while at Plymouth, in which he approved of my conduct; and he muft either allow that I am innocent, or he guilty of duplicity.

Here I close my defence for the prefent, furrendering my life and honour into the hands of the court, with a full affurance, that you will not allow truth and innocence to be made a facrifice to the clamour of party, or to the prejudiced teftimony of perfons avowedly acting from the dictates of private malice. - One word more : My mind fees no medium between life with entire honour and death without; and I ardently wish that your judgement may be directed by the fame alternative."

We must confine ourselves to a very few extracts from the evidence in defence, as we did in that for the profecution.

Capt. Bazeley. Q. From the circumftances you defcribed when examined the other day [475.], whatever meffages might have been fent, or fignals made, was it poffible for the Formidable to have got into her ftation in the line? A. It was impoffible, unlefs the Admiral had fhortened fail.-Q. Was it fafe to have fet more fail upon the foremaft fooner than it was done? A. By no means safe, in any refpect whatever.-[Here, being 4 X 2

afked