Popham’s hands clenched, once, and in a thick voice he asked, “How long have you been in post?”
“In a situation with the Admiralty? Why, sir, we may say above twelve years.”
“In a long experience as chief secretary to that board, can you state to the court whether in the trials of Admiral Byng, Lord Keppel, Sir Robert Calder, Admiral Duckworth-”
“Pray what is your question, Sir Home?” the president asked testily.
Popham went on doggedly, “-whether the charge was framed in such a manner as to call the court, ahead of the trial, to punish the individual to be tried?”
The witness looked helplessly at the president, who frowned.
“Sir Home, I’m at a loss to understand where this is leading. Kindly explain to the court what you expect the witness to disclose by this line of questioning.”
Popham breathed deeply. “I demand a precedent for the scandalous pre-judging of my case, by which I mean the charge, which contains an incitement to punish the defendant even before tried!”
“I cannot know what you mean by that, sir!”
“I quote from the charge, sir, read out in open court at the outset of this trial. It plainly states: ‘Whereas a due regard to the good of His Majesty’s service imperiously demands that so flagrant a breach of public duty should not go unpunished!’ This is not to be borne, sir!”
“I beg to know what we have to do with that,” the president rapped. “The Admiralty have the authority to word the charge as they please. They are not to be arraigned for wording the charge as they see proper. I have sat on fifty courts-martial or more and never heard such quibbling.”
Jervis looked sorrowfully at Popham. “And as learned counsel, my earnest advice is that censuring the Admiralty is not a way for the prisoner to defend himself.”
“Quite, quite,” the president rumbled. “This seems a good point to end the day, I believe.”
“What he said today didn’t help him, apparently,” Kydd said, tucking into more collops of fish. “Talk about Nelson and other great men leaving their station.”
Bowden reached for the sauce. “He has a point, surely. They quit their rightful station without orders-this is a precedent if ever there was one.”
“Not so! Consider the charge-it’s wonderfully crafted. They want to make sure of it, see him nailed to the bulkhead.” Kydd hesitated to say more in front of a former lieutenant in his ship. But he knew the young man could be trusted not to repeat what he said. “The charge is not for leaving station, it’s not for attacking South America, it’s not even for failing at Buenos Aires. It is that he’s guilty of sailing off and leaving the Cape undefended.”
“So …”
“You see, Nelson and all the other commanders had a battlefleet, which is meant to chase after the enemy. Popham had a fleet of sorts but its job was to stay in one spot to defend a territory, not sail off into the blue.”
“Ah. Then what about his talking of Miranda, bringing in Pitt, the others?”
“He nearly did it-pulled the court around, humbled ’em by showing how he’d been hobnobbing with high politicals. He even called Lord Melville and other grand ones to witness how he’d been thick with Billy Pitt actually planning an attack on South America.”
“And it didn’t work?”
“If he could show he’d orders or instructions for the taking of the Spanish colonies he’d be able to argue he was only being impatient-but none of ’em would say he had positive instructions to that effect. It really destroyed him and he ended up losing his humour.”
Kydd leaned back. That such a brilliant mind was being slowly ground down was a sad spectacle, but how much was he bringing on himself? This talk of how he, a lowly post captain, had had the ear of the highest could only provoke resentment and fear among those his superior, and there was not much doubt that his disgrace would bring much satisfaction.
The trial had gone on for considerably longer than the usual court-martial but the end must be soon. Unless Popham could meet the central charge with an unanswerable argument it would be all over for him.
“Sir Home. Before we begin proceedings, I think I must mention, sir, you will feel that this court has listened to you with patient attention while many papers were read and examinations put that were wholly irrelevant to the question immediately before it. It has done so out of consideration of what you have alleged to be unfavourable prejudices in the public at large, which have gone abroad. With such the court has nothing to do. Thus I trust you will confine yourself to points necessary to defend against the charge now before us.”
Popham was now back in possession of himself and spoke in a cool, wary manner. “I shall most anxiously endeavour to comply with the wishes of the honourable court and I beg to present thanks for the indulgent attention I have received.”
He glanced once at the silent Jervis, now poised like a vulture awaiting its chance to fall upon a weakened prey.
“I do call Mr Thomas Browne, Esquire.”
A bulky man entered and came forward.
“Mr Browne. Were you master attendant at the Cape directly after its capture?”
“I was.” The voice was husky and indistinct.
“Speak up, if you please,” the president snapped.
“I was that, sir, yes.”
“Do you remember when I sailed for South America?”
“I do, sir.”
“At that precise time, were the defences of Cape Colony in such a state as to offer sufficient security against any attempt of the enemy to retake the Cape-in your opinion, of course?”
“Opinion has no place as evidence, if it please the court,” Jervis said, with heavy patience.
“Sustained.”
Popham smiled briefly. “Then it becomes necessary to lay before the court in detail the facts of the situation obtaining at the Cape in order they shall make their own appreciation.”
“Is this really necessary, Sir Home?”
“Sir, as you have made abundantly clear, the heart of the charge against me is that I left the Cape undefended to prosecute my attack on the Spanish settlements. By this I will show that it was far from the case.”
Without waiting for an answer he launched into a detailed examination of the fortifications and other works one by one.
The litany drew on.
Jervis was attending with an air of superior confidence. Finally, he spoke. “If I could be permitted an observation?”
“Of course, Mr Jervis,” the president said with relief.
“The honourable judge advocate might correct me, but surely what is being attempted to be established is entirely beside the point. Whatever the honourable captain brings forward in military facts does not address the central issue: that it is for the Admiralty to adjudge the level of defences due a station, and in their wisdom they had appointed him and certain forces they deemed necessary to defend Cape Colony.
“I would be interested to know what grounds the prisoner has for disputing the judgement of their lordships.”
It was a savage blow and, for the first time, Popham’s face betrayed a stab of despair.
“A valid and cogent remark, Mr Jervis. Sir Home, this line of defence is worthless to you. I strongly suggest you find a more reliable one.”
“Very well, sir. Stand down, Mr Browne.”
And then it was time. “Call Captain Sir Thomas Kydd.”
Kydd entered and made his way to the table to be sworn in, conscious that every eye was on him.
“Sir Thomas, how long have you been an officer in the Royal Navy?”
He raised his eyes to meet Popham’s and saw only a controlled wariness.
He braced himself: if the questions following attempted to implicate him as principal in the offence then not only would he most certainly earn St Vincent’s ruthless enmity but he might well end up with his own court-martial.
“Since the year 1797.”
“When you earned a field promotion at the battle of Camperdown.”
“Yes.”
“Your subsequent service saw you at both the Nile and Trafalgar?”
“That is true.”
The president interrupted: “Captain Kydd wears the star of a knighthood, Sir Home. We accept that he is a distinguished and gallant officer if that is your purpose.”