On more than one occasion Kydd had sat on courts that had opened in the morning and concluded before midday; evidence presented, witnesses heard and verdict arrived at-a man condemned to hang at the yardarm.
The president turned to the judge advocate. “The letter of complaint, if you please.”
The archaic practice was for the charges to be framed in the form of a grievance from the Admiralty to be addressed by the assembled court.
Rising to his feet and adjusting his spectacles, the learned gentleman outlined the case to the court: “‘By the commissioners for executing the office of Lord High Admiral of Great Britain and Ireland, etc., to William Young, Esquire, Admiral of the Blue, and second officer in the command of His Majesty’s ships and vessels at Portsmouth and Spithead. By command of their lordships, William Marsden, first secretary to the Admiralty.’” The words rolled out with a practised delivery.
“‘Whereas, by an order … Sir Home Popham, then captain of His Majesty’s Ship Diadem … was directed to take under his command … for the purpose of capturing the enemy’s settlements at the Cape of Good Hope in conjunction with the troops of Major General Sir David Baird … and whereas it appears from letters from the said Sir Home Popham that he was proceeding to Rio de la Plata with a view to attack the Spanish settlements for which he had no direction or authority whatsoever, and he did withdraw from the Cape the whole of the naval force which had been placed under his command for the sole purpose of protecting it, thereby leaving the Cape, which it was his duty to guard, not only exposed to attack and insult … all of which the said Sir Home Popham did notwithstanding that he had previous information of detachments of the enemy’s ships being at sea … And whereas it appears to us, that a due regard to the good of His Majesty’s service imperiously demands that so flagrant a breach of public duty should not pass unpunished.’” He flashed a glance at Popham. “‘We send herewith, for the support of the charge, the following papers, viz:
“‘The copy of an order from the lords commissioners of the Admiralty … to Sir Home Popham, to take the ships therein named under his command, and to proceed to the Cape of Good Hope …’”
Some eighteen orders and instructions were cited, and after a small cough to signify a change of tempo, the reading concluded with, “‘And we do hereby require and direct you forthwith to assemble a court-martial; which court (you being the president thereof) is hereby required and directed to enquire into the conduct of, and try the said captain, Sir Home Popham, for the offences with which he is charged accordingly. Given under our hands …’”
The judge advocate turned to the president. “Further, sir, I have here a letter directing Mr Jervis, counsel for the affairs of the Admiralty and navy, assisted by Mr Bicknell, to conduct the prosecution on the part of the Crown.”
At the opposite end of the table to Popham, a thin, predatory figure in legal robes rose and bowed briefly to the president. Before sitting he fixed an intent look on Popham.
It was crowded in the witness waiting area. Several left to stretch their legs on deck for a space. A seamed old captain sitting next to Kydd leaned sideways and whispered, “They’re no doubt making sure o’ things. That legal cove prosecuting can call old Jarvie ‘uncle,’ did ye know?”
Kydd felt dismay. Was St Vincent really going to such lengths or was it merely coincidence that his nephew was leading the prosecution? Either way, however Kydd answered as a witness, his words would doubtless be known to the implacable old admiral the same day. When under examination it would be wise to weigh what he said very carefully indeed.
“This court now sits. Pray read to the court the evidence in support of the charge.”
“Very good, Mr President. Document One. Copy of Instructions to Sir Home Popham.
“‘By the commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, etc., the Lord Viscount Castlereagh, one of His Majesty’s principal secretaries of state, having, with his letter …’” He read aloud the actual instructions to Popham in the matter of preparation for the descent on Cape Colony in all their meticulous wording.
“Document Two. Copy of a letter to Sir Home Popham …”
One by one the orders and strictures that had passed out of the Admiralty from hopeful beginning to disastrous end were revealed, a damning avalanche of evidence that took nearly two hours to complete. Included were intelligence appraisals from military commanders in the field, advisories from the new governor of the colony and correspondence between the secretary of state for war and the Admiralty.
It finally ceased.
Popham had been listening politely, his faint smile still in place, but as soon as the judge advocate sat down he spoke crisply: “Mr President, I beg leave to point out that Document One is in error, sir.”
Admiral Young blinked in perplexity. “Sir Home, these are Admiralty documents. How can they possibly be in error?”
“May I draw the court’s attention to a significant omission? If you’ll note the passage relating to the governor having information concerning where the French had prosecuted their voyage, here we read ‘the Indies,’ which is clearly in error.”
“I don’t really see-”
“Sir, the accompanying dispatch makes clear that the ‘West Indies’ is signified. If this document is to be received as it stands I shall have been sorely calumnied, for if understood as the ‘East Indies’ a most improper impression of my motives for proceeding would have been deduced. Sir, these are copies. That a clerk may have omitted the word is to be regretted, but worse would be to let it stand. I must insist that the word ‘West’ be inserted to correct the error.”
“This is most untoward. Mr Jervis, do you wish to speak to the matter of this omission?”
“Sir, I am not prepared, not having the original dispatch by me.” The prosecutor glared down the table. “I’m not disinclined to admit that there might be such a mistake alluded to by the honourable captain, but without the original I cannot state positively.”
“Then-”
“The matter is trivial. This dispatch is not entered in as evidence against the honourable captain but read in the statement of the charge only.”
“Sir Home?”
“I am aware that the document is not admissible evidence against me, but I allow I’m desirous that every document laid before the court should be correct in its particulars. Indeed, sir, I’m anxious that everything should transpire, as concealment is not in my interest.”
“Mr Jervis?”
“This conversation is very irregular, sir. As the paper is not adduced in evidence, any mistake in it cannot be considered material.” He shot a venomous look at Popham. “However, I would have no objection to accede to the honourable captain’s wish.”
The correction was so entered.
“Mr President,” the judge advocate intoned, “all papers that compose the charge have now been read.”
“Sir Home, do you now accept the receipt of these documents on to the court’s records?” the president asked heavily.
“Certainly. I do admit every document referred to in the charge that purports to be written by me, also such as were received by me.”
“Thank you. Then we may go on to-”
“Such as were received by me. This cannot include Documents Three, Four and Five.”
“Pray why not, sir?”
“These Admiralty instructions sent in dispatch by Belle Poule packet were captured by the enemy. Their duplicates, by Lyar cutter, never arrived on station as she did not touch at the Cape. In fine, sir, I cannot be held to account by anything specified therein since I did not receive them.”
Jervis came back instantly: “May it please the court, the dispatches do not form evidence to affect the honourable captain as knowing their contents. They are adduced merely to show to the court the orders issued by the Admiralty in the belief he was still on station.”