Tyger (6 page)

After a muttered consultation the president was ready.

“Carry on, the Admiralty marshal.”

This was the warrant for proceedings, under the signature of the highest authority possible.

A clerk took up a paper and read, in a thin, reedy voice, “‘Whereas Captain Sir Home Popham left the Cape of Good Hope without orders to attack the Spanish settlement on the Rio de la Plata, now this is to command you that you take the said Sir Home Popham under arrest preparatory to his trial by court-martial for his said offence.’”

Each of the members of the court were then individually put on oath.

“Bring in the prisoner.”

Popham wore a faint smile as he stood erect before the court.

His sword was produced by the provost marshal and handed to the president.

“You are Captain Sir Home Popham?”

“I am.” The voice was calm and even. “Mr President, I have thought it advisable to seek legal assistance upon this occasion and I beg leave to ask permission of this court to have this assistance attend me during the trial.”

“Sir Home, any assistance you may require, the court is very willing to allow you.”

Popham gave a slight nod in acknowledgement, and the opening gentlemanly play was over.

Although he was not in the great cabin, Kydd knew what would be happening. A court-martial was a straightforward affair: the precise charge facing the prisoner would be read out, then the prosecution would make its case, producing the entirety of evidence in support of the charge. Following this, the defence would begin with its own evidence, then witnesses would be called and examined by both sides. On completion, after the customary closing address by the prisoner, the court would be cleared for deliberation to a verdict.

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.”

The president frowned. “As there is no evidence of the receipt of these orders, of course no charge of disobedience can arise out of them. However, let them be so received.”

Popham smiled wolfishly. “Then for what purpose are they laid before the court, if they are not meant to affect me? I really cannot perceive the object the learned counsel has in view. I do not wish to argue a point of law with the eminent gentleman but I am advised that naught may be entered save it is legally admissible as evidence.”

“Sir! Are you questioning the prerogatives of the court to rule upon a question of law?”

“Sir, I have been asked to accept the entirety of a total of eighteen documents brought forward today when but three were served on me when arrested. There are here papers I have never seen or heard of. I hope the court will feel it natural that I should seek to be fully prepared and therefore grant an adjournment.”

“Sir Home. There are officers here today called away from various stations where they are engaged in the service of their country. Therefore every degree of expedition is desirable. I shall adjourn, and trust you are ready with your defence shortly.”

Bowden was waiting for Kydd after he had braved excited crowds to return to the George.

“Sir, you’ll think it awfully impertinent of me, but—”

“You want to hear about the trial.”

“I do, sir. Everyone’s talking of it and—”

“I’m bound not to speak of proceedings until they be over, Lieutenant.”

“Oh. Well, I do understand then, sir. I’m sorry to have troubled you.”

Kydd relented: all would be made public eventually. “If it was known I’d been speaking to you, I’d be indicted for contempt of court, and you wouldn’t wish that upon me, would you?”

“No, sir.”

“Then we’d better not let it be known. The cards room, one hour.”

“Aye aye, sir.”

They found a pair of winged chairs near the fire, the noisy play at the tables ensuring they could not be heard. Kydd appreciatively sipped the brandy he had demanded as fee for his tale.

“Well, do you know the usual watch and station bill for a court-martial?”

“I’ve never attended one, sir.”

“Now, this one’s nothing like it. It’s held in
Gladiator
, a paltry new-hulked forty-four-gun fifth rate of the last age, thirty years or more old. Can you conceive of it? Seven admirals, four captains and all the court lackeys, jammed into a great cabin not much bigger than
L’Aurore
’s?”

Bowden shook his head.

“So they made as though clearing for action—tore down the bulkheads so the bed-place, coach and great cabin were all one.” He smiled ruefully. “Well, of course, witnesses aren’t allowed in the court except when they give their evidence, but through—shall we say?—
various means
, we did get the drift of what was going on …”

“And?”

“First of all Popham is brought in to hear the charges read, as cool as may be. And I should tell you that the prosecutor is old Jarvie’s—that is to say, Earl St Vincent’s—nephew. And then all kinds of legal backing and filling. By any standard, Popham was a taut hand at the business, dishing Jervis like a good ’un. Not a wise notion to bait such a one, I’m thinking, or debate law with the president of the court.”

Kydd smiled briefly. There was no doubting the man’s courage, or his intelligence.

“Then they read out the prosecution evidence, all of it, and a shocking hill of it there was. I really can’t see how he can tack around it. He did sail for South America without orders, that’s the truth of it, and they’re going to hang him for it.”

“Court will come to order. Sir Home, are you now prepared to defend the charges brought against you?”

“In so far that in the small time allowed me to draw up my defence, I am now ready to answer, yes, sir.”

“Then do so, if you will.”

“If it please the court. Sir, after having devoted the greater part of my life to the service of my king and country, I am brought before you to vindicate my conduct upon a charge so extraordinary in its nature as was ever submitted to the interrogation of a court-martial—that with means placed at my disposal for a successful attack against the possessions of the enemy, instead I should have suffered my command to remain inactive.

“Notwithstanding this singular view, it is my intention to demonstrate to the court that, far from being a rash adventure conducted on an impulse, this has been an operation of long consideration, carefully planned and authorised at the highest level, the prime minister himself terming it his ‘favourite object.’ I shall bring to the attention of the honourable members of this court memoranda and dispatches that reveal my actions to be sanctioned by ministerial knowledge and approval.