Captain Teal coughed. "His story might be quite detailed if he gives enough evidence to convict those men."
Edwards shrugged his shoulders and, to Ramage's relief, said flatly: "As president of this court I intend to give these men a fair trial. I'm not concerned with whitewashing anyone. Anyone at all, " he added heavily, and the four captains knew that he included the unfortunate Wallis and his Commander-in-Chief, Vice Admiral Sir Hyde Parker. Did Admiral Davis and Edwards consider that Sir Hyde should have put a restraining hand on Wallis's shoulder? Ramage was not sure.
Edwards looked left and right at his fellow captains. "Very well, since we're all agreed about this man Weaver, we'll call him as our next witness. Gowers, is one witness sufficient to convict on a capital charge?"
The purser opened a book in front of him, looked up the index and turned to a page. "Ah, here we are, sir - 'As a prisoner ... by the rules of common law may be found guilty on the uncorroborated evidence of a single witness, so, if the court or jury believe the testimony of an accomplice - 'that word is in italic type, sir'- though such testimony stand totally uncorroborated, a prisoner may be found guilty of a capital crime.'"
"That's clear enough, " Edwards commented. "Now, you remember that passage I marked about King's evidence: read it out to the court."
Gowers turned back a page. "It begins with a discussion of whether accomplices can be witnesses - they can, of course - and then says that if the court agrees to them being so admitted, it is 'upon an implied confidence which the judges of courts of law have usually countenanced and adopted; that, if such accomplice make a full and complete discovery of that, and of all other crimes or offences. . . and afterwards give his evidence without prevarication or fraud, he shall not be prosecuted for that . . . Were not this to be the case, the greatest offenders would frequently escape unpunished, from want of sufficient evidence.'"
"Very sound, " Marden commented.
"I agree, " Ramage said cautiously, "but in fact aren't we deciding before we hear any evidence that Weaver is guilty although we'll let him off if he turns King's evidence?"
"Hmm, that's a point, " Edwards admitted.
"Excuse me, sir, " Gowers said. "If the evidence warrants it, I think the court would simply return a verdict of not guilty in his case."
Marden nodded in agreement. "There's no other way of clearing a man once he's charged. I can see what Ramage means, though: that even if Weaver was guilty of every one of the crimes, he'd be 'not guilty' because he's turned King's evidence, but the same applies if he is completely innocent and turns King's evidence."
"But, sir, " Gowers said patiently, "the court can make that clear in its verdict. It can find a man guilty but 'because of mitigating circumstances' let him go free: that makes it clear he is being released in return for giving evidence. Or he can be found not guilty. That is - with respect, sir, " he told the president, "a very clear difference."
"Of course, of course, " Edwards said, "but you were right to raise the point, Ramage. Very well, Gowers, let 'em in! "
The prisoners marched in, led by Summers, and as Ramage watched him he knew he would have to be careful to judge him only on the evidence. Nature had given Summers an appearance which could make honest men condemn him without a word being spoken.
The president told Gowers: "Call the next witness."
"George Weaver, " Gowers said, and waved back the Marine sentry who was obviously going to escort him to the witness's chair. "Go over there, " he added, because Weaver obviously had not grasped what was happening.
Gowers then asked: "You are George Weaver, and on the fifth of June last you were serving in the Sarasota Pride, an American vessel?"
"I were."
Gowers paused and then wrote down "Yes". He was uncertain what the next question should be and glanced over at the president, who coughed and asked: "Have you ever served in one of the King's ships ?"
"Aye, sir, the Jocasta - for three weeks."
"How came you to be serving in her?"
"You know that already, sir! " Weaver protested.
"You are giving evidence now, " Edwards explained patiently. "The court has to hear the whole story, and in the proper sequence."
"Very well, sir. I were steward in the Three Brothers out of Plymouth. Bound from Port Royal, Jamaica, to Antigua, she was, when somewhere orf Navassa Island the Jocasta sent over a boarding party and pressed five men, including me."
"How were you rated in the Jocasta?”
"Well, Captain Wallis gave us the chance of volunteering, so we'd get the bounty, and we took it. Seems his steward had just died - 'e was one of them what you've still got on that list of mutineers, by the way - and so I got made 'is steward."
"Do you remember the date you boarded the JocastaT'
"Aye, the fifth of November, it were, an' a lot of fireworks there were a few days later."
"Quite, " Edwards said calmly, "but just answer without any additions. Now, how soon did you become aware that some of the ship's company might be discontented?"
"Soon as I went on board, sir: twelve men was flogged that afternoon."
Ramage glanced at Summers and the other two men.
"Why had Captain Wallis awarded that punishment?" Edwards asked.
Weaver paused, and Ramage thought it was an unwise question for Edwards to have asked at this stage; but the words were spoken.
"Well, sir, seems they was furling the foretopsail the day before, and Captain Wallis said he'd flog the last man down orf the yard, and a man fell and was killed -"
"Stop, " Edwards ordered. "That is hearsay evidence and -"
"T'isn't hearsay, sir, beggin' yer pardon, an' I heard you explaining what hearsay was. No, sir: I heard Captain Wallis say it with his own voice."
"But you were not on board."
"Not the day it happened, sir, but before he had those dozen men flogged he did some speechifying, an' he said they hadn't learned the lesson."
Edwards was silent but Marden asked: "What lesson, and how did it tell you about the threat?"
"The lesson was that they was too slow furling the topsail, " Weaver said patiently.
"But Captain Wallis said only one man, yet you say twelve were flogged."
"Yes, sir. He never did flog the last man because he was the one what fell and killed hisself. 'Murmuring', that's what the Captain flogged the twelve for. He said they was murmuring after the man was killed."
Ramage saw that Captain Teal, sitting next to him, had clenched his hands as they rested on the table top. Threatening to flog the last man down - that could only create panic. Flogging a dozen men for 'murmuring' when they saw a frightened shipmate fall from the yard in his rush to avoid punishment. . . The Navy, Ramage thought bitterly, was better off without men like Wallis. Edwards was still silent. Was he being tactful, leaving the junior members of the court the task of questioning Weaver? The minutes would make uncomfortable reading at the Admiralty, but there were other captains at sea, not as bad as Wallis perhaps but likely to become so; the story should come out, if only to warn them.
"What punishment was awarded the twelve men?" Ramage asked.
"Three dozen each, sir, and he had a left-handed bosun's mate who laid on the last dozen and so crossed the cuts."
"What happened on the lower deck that night?" Ramage knew he asked the question only to compare the answer with what he guessed his own reactions would have been if he was a seaman.
"Some of them decided to take the ship, sir."