Caribbee(6)

‘This is for the last two months. And, additionally, may I be allowed to point out that I find in the eight months of this commission, at least sixty of the ship’s company have been punished beyond that of Smythe and—’

‘Hah! All that shows, damn it, is what I said – I’ve a mutinous crew of rascals that need discipline.’

‘Captain, you should answer questions as they are put to you, not offer general observations.’

Tyrell smouldered. ‘Sir, I’ve the strongest objection to being told how to keep discipline in my ship by this—’

‘Sir, my intent in this is to show that, far from being a persistent offender and a blaggard, the prisoner is of a one with the majority of the ship’s company, the victim of the most heinous regime that—’

Cochrane slapped the table sharply. ‘We are here to try the prisoner, Lieutenant, not Captain Tyrell. We have indulged you this far – if you have other evidence, do produce it at the right time.’

Kydd threw a glance of sympathy at Hubbard as the witness was stood down.

Biggs drew himself up importantly. ‘There really is no point in prolonging the business. You have heard two unimpeachable witnesses swear to this unforgivable act of defiance and I dare to say the matter is proved. However, if the court wishes I could summon a further fifty.’

‘Thank you, no, Mr Biggs.’ The admiral took a sip of water and dabbed at his mouth with a lace handkerchief. ‘Lieutenant Hubbard?’

Laying out the case for the defence was the work of small minutes, a man driven by despair to his own destruction, one to be pitied rather than condemned.

Hubbard then summoned his first witness. ‘Call Able Seaman Hogg.’

The prosecuting officer was on his feet in an instant. ‘Objection!’

‘Mr Biggs?’

‘Those same ship’s books,’ he said, with a tinge of sarcasm, ‘reveal that Hogg is not only in the same watch as Smythe but messes with him. I hardly think his testimony can be considered at all impartial, not to say disinterested. I ask that it be disallowed.’

Cochrane nodded gravely. ‘This must be so – you can see that, can you not, Mr Hubbard? The word of a gentleman is one thing, that of the lesser sort quite another matter. This witness is excused.’

‘Then I call Sailmaker’s Mate Martin,’ Hubbard said defiantly, ‘who does not mess with the prisoner.’

Biggs rose wearily. ‘But is his tie-mate. Same objection.’

It was the custom for those sailors with pig-tails to choose a trusted friend to plait it for a return of the favour. Biggs had been clever to discover this information, which had essentially completed the destruction of the case for the defence.

‘Ah. Then I must disallow this witness too,’ Cochrane said uncomfortably.

‘Have you any others you may call upon in their stead, Mr Hubbard?’ he prompted.

The young officer’s face burned. ‘None, it seems, that can stand before gentlemen,’ he said tightly.

‘For God’s sake!’ Kydd blurted. ‘Can’t we just hear what he’s got to say?’

Cochrane looked sideways in astonishment. ‘Mr Kydd! I find your outburst both ill-timed and impertinent. Your duty is to sit in judgment after hearing the evidence. In silence, sir, not to intervene as you see fit.’

Kydd dropped his gaze. It was not worth creating a scene – in any case, it was unlikely that the sailmaker’s mate could achieve much for his friend now.

To his surprise, Cochrane harrumphed. ‘On reflection I have decided to allow this witness to speak.’

After a small delay a stooped, apprehensive little man was ushered in. He stood blinking, in his nervousness passing his hat from one hand to the other.

‘You are John Martin, sailmaker’s mate?’

He gulped, then whispered, ‘Aye.’

‘And you know the accused, Daniel Smythe?’

Darting a quick look at the prisoner, he nodded hastily, then looked down.

‘Come now, Martin, there’s no need to be afraid. Simply answer the questions the way we agreed,’ Hubbard said kindly.

Biggs swooped: ‘Sir, this is insupportable. The witness has been coached in his answer by the defence!’

Cochrane leaned back heavily and sighed. ‘Mr Hubbard. I’ve given you every possible indulgence but this is—’

‘Sir!’ the lieutenant came back. ‘Martin is unused to appearing in public and I sought only to ease his fears in the manner of his speaking.’

‘Nevertheless, Mr Biggs’s contention cannot easily be dismissed. I rule that this evidence is tainted. Stand down the witness. I rather think you must look to concluding your case, sir.’