The trial began on the eighth of October. Among the officers who
gave evidence (much against his will) against Captain Kirkby was
Dick Cludde, who was carried wounded before the court. Kirkby and
Captain Wade of the Greenwich were found guilty on all the charges
and sentenced to be shot. Captain Constable was cleared of
cowardice, but convicted on the other counts, and he was cashiered
from her Majesty's service, with imprisonment during her pleasure.
Captain Hudson of the Pendennis was lucky, as I thought, in dying
before the trial which must have branded him with indelible
disgrace.
As for my old friend Captain Vincent, and my new commander, Captain
Fogg, they alleged in their defense that they had signed the paper
only because they feared if we engaged the enemy, that the other
captains would wholly desert and leave the Breda and the Falmouth
to their fate; and Mr. Benbow himself testifying to their great
courage and gallant behavior in the battle, the court was satisfied
with suspending them from their employment in the queen's service.
The sentences were not executed at once, it being decided that the
officers (except Vincent and Fogg) should be carried to England to
await the pleasure of the queen's consort, Prince George of
Denmark, who as Lord High Admiral had the power to ratify or quash
the decrees of the court martial.
I was not myself present at the trial of these officers. On
arriving in the harbor, the admiral was informed that, taking
advantage of his absence, a buccaneer vessel had appeared off the
north coast, and was doing much damage among the merchant shipping.
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