It took a little while, for the noble lord was being accommodated ashore until summoned. A tall, imposing figure, he appeared with his flag lieutenant.
As soon as he was sworn in Popham wasted no time. “Will your lordship have the goodness to relate to the court the circumstances respecting the communications I held with Mr Pitt and your lordship upon the subject of a proposed expedition to South America?”
A respectful hush descended. If a first lord of the Admiralty supported Popham’s claims, then the court-martial was all but over-who sitting there in judgement would dare to press the issue?
Jervis waited in a forced rigidity, Popham with an air of supreme confidence and polite patience.
“I … feel some difficulty in answering this question,” Melville began, with a deprecating gesture. “I have no doubt it can be answered but for any allusion to confidential secrets of state, and this …”
Popham’s smile slipped a little. “Nothing can be more foreign to my wish than a disclosure leading to the improper publication of a state secret. No-let my reputation suffer rather than such a consequence be risked.”
“Then I shall endeavour to answer to the best of my recollection.”
Dundas began by telling the court how Popham had introduced General Miranda with a plan for a simultaneous descent on the southern continent, at the successful conclusion of which Britain would be rewarded with preferential access to the newly opened market.
“Did Mr Pitt accede to this plan?”
“We had several conversations on the matter but did not immediately proceed.”
Jervis scribbled something that was handed to the president, who held up his hand. “Can your lordship indicate to the court why this was so?”
“I may say that a higher political purpose prevented it.”
“Sir, if at all possible, the court would be interested to know it.”
“Very well, as any pretence at secrecy in the matter is now no longer practicable. It is that until the events off Cape Trafalgar it was held that any attempt on the Spanish colonies would provoke a more fierce adherence to the French cause, at hazard to our diplomatic exertions in Madrid to detach them.”
Swiftly Popham gave over a paper. “Does your lordship recognise this letter?”
“I do. It is one sent by me directing you to attend a meeting with Mr Pitt upon the subject.”
“And to produce a memoir upon the matter.”
“That is so.”
“Which resulted in a warm discussion between us.”
Jervis had waited for his moment: it was now.
“Mr President,” he said, in a voice silky with menace, “this is neither here nor there in the charge before the court. We accept that the honourable captain was engaged in dealings with the noble lord and Mr Pitt in the matter of South America. There is really but one question that interests us: does his lordship confirm or deny that orders were given to Sir Home Popham specific to an attack on Buenos Aires?”
“Let the question be put.”
“No orders were given in that tenor.”
Smoothly, as if nothing had happened, Popham continued to examine the first lord. Cabinet meetings, dry detail of fleet assembly, intelligence pertaining to Spanish colonial conditions but nothing to stand against the damning disclosure just given.
Melville was stood down with every expression of gratitude for his time graciously given.
Popham then called William Sturges Bourne, Esquire.
He took position before the court and was duly sworn in.
“Is it possible, Mr Bourne, from the situation you held, you should be acquainted with the secrets of government?”
“I am not aware of the extent of your question.” The man was reticent, defensive.
Popham seemed nettled. “Were you one of the secretaries at the Treasury during the administration of Mr Pitt?”
“I was.”
“Then do you recall, sir, confidential information received by your office relative to the situation obtaining in Buenos Aires?”
“I have a faint recollection only.”
“Come, come, sir. Of such import, and bearing so on the-”
“I object-leading the witness!” rapped Jervis.
“Quite. Sir Home, in any case the witness has further admitted only an unreliable knowledge of this. I rule the question disallowed.”
“As the court pleases. Mr Bourne, do you recollect the confidence Mr Pitt reposed in me in respect of secret matters pertaining to South America and in particular the situation in the Rio de la Plata?”
“He mentioned you in cabinet discussions on the subject,” he said carefully.
“And did he not in your hearing seek my personal opinion on the officer to command the Cape expedition?”
“I have some remembrance of it, but not sufficiently strong for me to speak positively on it.”
Admiral Young interjected, “Sir Home, where your questioning is headed is not altogether clear to the court. I have but one question to put to the witness: Mr Bourne, in the conversations at which you were present with Mr Pitt and Sir Home Popham, was it determined or proposed to attack the Spanish settlements in South America after the assault on the Cape, in the event that it proved successful?”
“I recollect no proposal being made in any conversation respecting a descent on the Spanish settlements in South America.”
“Thank you. Have you any more questions for this witness, Sir Home?”
Bourne was stood down and William Huskisson was sworn in.
A young, intense individual, his prominent forehead and alert eyes gave an impression of high intelligence.
“Were you one of the principal secretaries in Mr Pitt’s government?”
“I was.”
“Do you recollect my taking leave of Mr Pitt in your room at the Treasury, immediately prior to my sailing for the Cape?”
“I do.”
“Was the impression at all on your mind that I had at that time a conversation with Mr Pitt on South America?”
Jervis objected immediately. “The question is illegal. How can the witness testify to what transpired when he was not present?”
“Sir Home?”
“Mr President, I cannot understand distinctly what the learned prosecutor means when he calls this illegal evidence. Unfortunately for me and the country, Mr Pitt is no more and I am therefore under the necessity of seeking that from others he could prove by himself were he alive. In the absence of this testimony I now adduce one of his most confidential friends in order to show the wish and views of that illustrious man.”
“We will allow the question.”
“I had the impression that the conversation related to South America, yes,” said Bourne.
“Sir, did you have any discussion with Mr Pitt yourself upon the subject of South America, particularly Buenos Aires?”
“I did have, as I was directed to take certain steps by his desire concerning Buenos Aires.”
“And what was the nature of this direction?”
“In that instance it was to explain the existence of a map or chart of the approaches being lately taken from the King of Spain’s depot in Madrid, being afterwards copied for the French military.”
“For what purpose, pray?”
“It was believed to form part of a design by the French for their own incursion, a likelihood which was not thought much of.”
“Sir Home,” the president came in, “I find myself under the painful necessity of intervening once again. Let the witness answer: did Mr Pitt at any time communicate to you any orders of a nature requiring Sir Home to attack Buenos Aires upon successful conquest of the Cape?”
“I certainly never understood from Mr Pitt that Sir Home had such positive or provisional orders, no, sir.”
“Sir Home?”
“Sir. It could be said that plans were well advanced for the reduction of the Spanish colonies when I sailed for the Cape. Were they not put in train to take effect once news of the successful taking of Cape Colony was received? That is to say, orders from Mr Pitt would have been issued if I had not exercised my discretion in view of rapidly advancing events?”
“I cannot speak to that. At this time there was no communication between myself and Mr Pitt, he being upon his death-bed.”