‘Interrupting a witness is most irregular, sir. Yet I’ll answer you on that – it doesn’t signify one whit. The twenty-second Article of War, of which the prisoner stands charged, specifies clearly – and I quote, “… who shall strike, or draw or offer to draw, or lift up any weapon against him …” by which we may understand that the simple act of taking up the belaying pin with the object of injuring this officer in the execution of his duty is sufficient to condemn.
‘Carry on, Captain Tyrell.’
‘Then I had the rogue taken up. This stirred up his accomplices who made motions to deny me. I must turn out the marines before I could restore order on my own decks, the mutinous rabble! I’m sorry to say that this ship’s company is a scurvy crew, the worst scum it’s been my misfortune to command, and I demand an example be made.’
‘Ah, just so, Captain Tyrell. Have you any further questions, Lieutenant?’
‘Er, yes. Sir, have you had cause to punish Smythe on any previous occasions?’
‘I have! Above half a dozen times, the vile shab!’
Cochrane stirred impatiently. ‘Captain, I’ll not have such language in my court. Kindly confine yourself to the facts, if you please.’
More mildly, he addressed Hubbard. ‘I think you can take it that the prisoner has a record of ill behaving. What in my day we called a “King’s hard bargain”, if memory serves.’
There were dutiful smiles but the young officer was not to be deflected. ‘Sir, I have on hand Hannibal’s punishment book. I beg permission to read from it.’
‘What the devil-?’
Tyrell’s objection was cut short by a look from the president of the court, who then replied, ‘If it’s pertinent to the case, sir.’
Hubbard took the book and began reading. ‘Twelve lashes for wry talk … half a dozen for being slow in stays and another dozen for silent contempt … mastheaded for six hours …’ It went on and on, a revealing litany of suffering that told of a ship in the hellish thrall of a tyrant.
‘This is for the last two months. And, additionally, may I be allowed to point out that I find in the eight months of this commission, at least sixty of the ship’s company have been punished beyond that of Smythe and-’
‘Hah! All that shows, damn it, is what I said – I’ve a mutinous crew of rascals that need discipline.’
‘Captain, you should answer questions as they are put to you, not offer general observations.’
Tyrell smouldered. ‘Sir, I’ve the strongest objection to being told how to keep discipline in my ship by this-’
‘Sir, my intent in this is to show that, far from being a persistent offender and a blaggard, the prisoner is of a one with the majority of the ship’s company, the victim of the most heinous regime that-’
Cochrane slapped the table sharply. ‘We are here to try the prisoner, Lieutenant, not Captain Tyrell. We have indulged you this far – if you have other evidence, do produce it at the right time.’
Kydd threw a glance of sympathy at Hubbard as the witness was stood down.
Biggs drew himself up importantly. ‘There really is no point in prolonging the business. You have heard two unimpeachable witnesses swear to this unforgivable act of defiance and I dare to say the matter is proved. However, if the court wishes I could summon a further fifty.’
‘Thank you, no, Mr Biggs.’ The admiral took a sip of water and dabbed at his mouth with a lace handkerchief. ‘Lieutenant Hubbard?’
Laying out the case for the defence was the work of small minutes, a man driven by despair to his own destruction, one to be pitied rather than condemned.
Hubbard then summoned his first witness. ‘Call Able Seaman Hogg.’
The prosecuting officer was on his feet in an instant. ‘Objection!’
‘Mr Biggs?’
‘Those same ship’s books,’ he said, with a tinge of sarcasm, ‘reveal that Hogg is not only in the same watch as Smythe but messes with him. I hardly think his testimony can be considered at all impartial, not to say disinterested. I ask that it be disallowed.’
Cochrane nodded gravely. ‘This must be so – you can see that, can you not, Mr Hubbard? The word of a gentleman is one thing, that of the lesser sort quite another matter. This witness is excused.’
‘Then I call Sailmaker’s Mate Martin,’ Hubbard said defiantly, ‘who does not mess with the prisoner.’
Biggs rose wearily. ‘But is his tie-mate. Same objection.’
It was the custom for those sailors with pig-tails to choose a trusted friend to plait it for a return of the favour. Biggs had been clever to discover this information, which had essentially completed the destruction of the case for the defence.
‘Ah. Then I must disallow this witness too,’ Cochrane said uncomfortably.
‘Have you any others you may call upon in their stead, Mr Hubbard?’ he prompted.
The young officer’s face burned. ‘None, it seems, that can stand before gentlemen,’ he said tightly.
‘For God’s sake!’ Kydd blurted. ‘Can’t we just hear what he’s got to say?’
Cochrane looked sideways in astonishment. ‘Mr Kydd! I find your outburst both ill-timed and impertinent. Your duty is to sit in judgment after hearing the evidence. In silence, sir, not to intervene as you see fit.’
Kydd dropped his gaze. It was not worth creating a scene – in any case, it was unlikely that the sailmaker’s mate could achieve much for his friend now.
To his surprise, Cochrane harrumphed. ‘On reflection I have decided to allow this witness to speak.’
After a small delay a stooped, apprehensive little man was ushered in. He stood blinking, in his nervousness passing his hat from one hand to the other.
‘You are John Martin, sailmaker’s mate?’
He gulped, then whispered, ‘Aye.’
‘And you know the accused, Daniel Smythe?’
Darting a quick look at the prisoner, he nodded hastily, then looked down.
‘Come now, Martin, there’s no need to be afraid. Simply answer the questions the way we agreed,’ Hubbard said kindly.
Biggs swooped: ‘Sir, this is insupportable. The witness has been coached in his answer by the defence!’
Cochrane leaned back heavily and sighed. ‘Mr Hubbard. I’ve given you every possible indulgence but this is-’
‘Sir!’ the lieutenant came back. ‘Martin is unused to appearing in public and I sought only to ease his fears in the manner of his speaking.’
‘Nevertheless, Mr Biggs’s contention cannot easily be dismissed. I rule that this evidence is tainted. Stand down the witness. I rather think you must look to concluding your case, sir.’
The prosecution’s summing up was brisk, simple and short. The prisoner had committed the act before witnesses and no extenuating circumstances had been found. There could be no finding other than guilty.
Kydd looked across at Smythe. There was no change in his expression as he heard the damning words – he must have known there was no hope from the outset but he was not giving his accusers the satisfaction of showing fear.
Hubbard performed nobly. Allowed full scope for his speech, he spoke eloquently of the lot of the common seaman, of the harshness of his daily life at sea. He touched on Smythe’s ‘very good’ for conduct when discharged from other ships but when he appeared to veer towards a criticism of the regime of discipline in Hannibal he was stopped and cautioned.
‘Thank you, Lieutenant. The court will now consider its verdict.’
The cabin was cleared of all but the president and members of the court.
‘A straightforward enough case, I would have thought,’ Cochrane said. ‘Does anyone have any strong views at all?’
This was Kydd’s chance – but what could he do? The man had raised a weapon at a superior officer, an unforgivable crime in the Navy, and before his shipmates. If he were not punished accordingly they themselves would be in breach of the same Articles of War.