the action, or for any

other purpose of conducting the fleet down to the enemy at that time, disabled as the fleet then was.

66 Q. Am I to understand from your account in general, that the condition of the fleet was such, that it was not proper to face the enemy, and renew the attack when they stood towards us, before they formed into a line?

A. The fact is, we did face the enemy.

67 Q. But whilst they were facing us, did not our fleet wear, and stand the other way?

A. We wore certainly: I described the object of that yesterday.

68 Q. Did you ever know or hear of a British fleet turning their sterns upon an enemy of equal or inferior force, that enemy standing towards them, immediately after having engaged them?

A. I deny the fact in all its extent and meaning.

69 Q. You have said that whilst the English fleet was standing to the southward, the French could have fetched and attacked them. In that case, were not our sterns towards them?

A. I answered to the whole of this yesterday; I explained the whole manœuvre, in answer to a question put by the admiral, and I shall not explain farther unless the Court require it.

70 Q. In an answer you gave yesterday, you mentioned the fleet edging down to four or five crippled ships were not three of those ships of my division?

A. I did not know at that time what ships they were.

71 Q. You said, yesterday, that the sail the admiral carried during the afternoon could not prevent the vice-admiral of the Blue keeping up with him and keeping his station. Do you know whether the distance you have stated the Formidable to have been at, of three miles, was occasioned by any neglect of the Formidable, in not keeping up with the admiral?

A. I have not stated any such thing, neither the first part nor the latter. There was no distance specified in the afternoon, nor is the first part rightly stated.

72 Q. Did you know the particular condition of the Formidable at that time?

A. I never pretended to any such knowledge.

73 Q. When did the Red division quit the station of the vice-admiral of the Blue?

A. They were never in it; I mean, in the afternoon.

74 Q. Were not they nearly so? A. No, by no manner of means.

75 Q. Whereabouts was you during the afternoon-ahead or astern of the admiral?

A. Astern of the Victory, in my station, which I never quitted for a moment.

76 Q. Did not the Red division form astern of the admiral?

A. The greatest part of the Red division did -a considerable distance astern of the Foudroyant.

77 Q. What time did they quit that station? A. To the best of my recollection-I cannot speak positively to time-about five o'clock.

78 Q. Was not the vice-admiral of the Blue, and the ships of his division, the last that came out of action?

A. They certainly were: they must have been, from their situation.

79 Q. Have not you understood that they suffered more than the ships of the other division?

A. It did not appear to me that they had suffered more than many ships of the centre division; the Formidable certainly did appear to have suffered very much; but I conceive the ship I commanded suffered as much as any ship in the fleet in every sense, except in killed and wounded, which I am happy did not happen.

80 Q. Was not the Red division the first

part of the fleet that came out of action; consequently, had been the longest out in the evening?

A. Yes, I believe so.

81 Q. Are the sailing and fighting instructions you receive signed by the commander-inchief, or are they signed by the flag officers of the separate division?

A. I never was of any division but that of the commander-in-chief.

The Court. This being new matter, it is not proper for cross-examination.

82 Q. You have said you did not see the signal for the line repeated on board the Formidable. Was not the signal which was flying on board the commander-in-chief a sufficient warrant for every ship to take her situation when they were able to do so?

A. I must beg the interposition of the Court upon this question, for this is leading me to reflect upon the conduct of the captain of the vice-admiral of the Blue's division, whom I have the highest opinion of.

The Court said - you need not answer it, as it is matter of opinion.

A. I do not see any other application it will bear.

83 Q. No such application was meant, for

the following question would have been putwhether they could take their stations, while they were occupied by other ships?

A. I have already denied that fact.

84 Q. You have been asked whether you saw the vice-admiral of the Blue make any signal of distress. I should be glad to understand what signal of distress it is supposed was applicable at that time.

A. Though I am not accountable for the questions that have been asked, I will repeat, I did not know the particular station* of the Formidable, and never pretended to any such knowledge.

85 Q. By the Court. Was the weather such that a boat could pass from one ship to another, without danger at that time?

A. The best proof of it is that our long boat was floating between the enemy's fleet and our own, without any body to guide her; but it was certainly weather that any boat might have lived in.

You said you

86 Q. By the Prosecutor. kept close to the Victory the whole afternoon? A. From three o'clock, from the time the admiral wore.

It is supposed the word "station" has here been inserted in the original by mistake for "situation."-ED.