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Tous las autres exemplaires originaux sont filmte en commen^ant par la premiere page qui comporte une empreinte d'impression ou d'iilustration at an terminant par la darnlAre page qui comporte une telle empreinte. Un des symboles suivants apparaftra sur la darnidre image de cheque microfiche, selon le cas: le symbols -«^ signifie "A SUIVRE", la symbols ▼ signifie "FIN". Les cartas, planches, tableaux, etc., peuvant Atre filmAs A des taux de rAductiun diff Arents. Lorsque le document est trop grand pour Atra raproduit en un seul clichA, 11 est filmA A partir da I'angia aupAriaur gauche, de gauche A droite, et de haut an bas, an prenant la nombra d'images nAcessaira. Les diagrammas suivants illustrent le mAthode. •V. 1 2 3 1 2 3 4 5 6 IK / T H CONDUCT AND TREATMENT O F John Crooklhanlcs, Efq\ V«R9«?9^?<3KiP^9fP^99i9«P«FW^^ tft>'. "•f!r? ->gw. , w.' ■■^. (.) i -.iU* t • ■■tt; t HE CONDUCT AND TREATMENT O F John Crooklhanks,^; , Late CoMMANDElt of His Majefty's Ship the LARK} kELAtlMG to His Attempt to take the Glorioso, a Spamjh Ship of War, in 'July 1747 : ^ CbNTAININd The Original Orders, Letters^ and Papers* that paffed, in Confequente of that Affair, bewe«n Captain Crookshanks, Admiral Knowles, the Seceeta- RIBS of the Admiralty, and others. With a PLAN, (hewing the Pofitionsof the Ships* iJaaaAiArfata L O N D O K: Wintcd for J. SCOTT> at the Blacr-SwaK* irt Patir-noster-Ro w. >.: MJ>CC.UX. ^:\\ . ..m mn^j^* I J, ' p J. ; c >i li.i\J '»V c: »' (^ .1 £ O 4 - .\ ;i '•■«W»W»w»«»i ■iimi fiimmm mm mmmm ¥o THE bJr f)} R E A D E R. :ji:> TH £ Perfon iti whdfe Bejiali^ the following Pag^s are wrote, is ienfible how dif* ficult, 1k>w irkfome, a Taflc it is> for any one to fpeak of himfelf. Yet there arq Oceafions, when the nK>ft moderate Man, after being cruelly attacked, injured, and calu^nniated, niay urge his own Innocence, with"- out the leaft Violatioa of Modefty.: Any Apology, in this Place, is con- ceived the lefs necei&ry ; as he hopes the following Fads will fufEciently . plead his £xcufe, and juftify this Addrefe to the Public. To this. Tribunal he would very long fince ..:im^ i. _ have in To the READER. 'fiave brought his Caufe ; but chofe to feek Relief in the ufual Forms, and patiently to wait for the Deci- fion^f that Power, upon whim R«- drefs immediately depended. He niever meant, he never wiflicd, /ofl more, than to procure a dofe .and ftrid * Examination of his Conduct, in a fairer Manner, than that, under which he now ftands eondcmnedi Such) for Years, he has been endea* vouring to obtain j by every decent,^ every earneft Solicitation: But the Door has beeiv coiiftahtly kept fliut, and lie finds>hunfel'f ' at length com-^ pelled to repr^ferit ' his Cafe to the World, to whom he appeals as to his laft beft Judge, always impartial, always candid. He craves the Reader's Patience to go thrbi^h the . : -.. DetaU * There are many Examples, in funllar Cafes^ To the READER. vii : cho/e brms^ Deci- InRd- He e .and ndu6t, under r jndea^ lecent)^ It the : fliut, com-* to the as to ia£tial> 1 the ;h the. DetaU Detail of Fads, which make up a large Sum of Opprefllon and In- juftice. The Account, indeed, is long ; becaufe it is circuniftantial : nd it is neceflarily fo, in order tq rnifh every Means of pointing out e Truth, and to obviate any fallp 4 malevolent Reprefentations. # A N Cafes^ i # '•■■•-■I!': -Sa^ '■'•-^ -' \\ iT .jyMi u ,r=;.. %■ .^«»: r« A K IMPARTIAL ACCOUNT O F T H E CONDUCT OF Capt. Crookshanks^ Late Commander of His Majesty's Ship The L A R K, Relating to his Attempt to take the GloJiIcso, a Spanish Ship of War, in 1747. ■'IS CJilAPTAIN Croekjhanks was Commander of his Majefty's Ship the Lark^ of 40 Guns, and 250 A Men, when he received at Spithead the follow- ing Orders from the Lords of the Admiralty. •♦ By the CommifHoners for executing the Of- fice of Lord High Admiral of Great-Britditi. and lutandy Uq. JT^HEREASy we have received a Petition from the Merchants trading to Newfoundland^ requeuing that a Convoy may be ordered to carry their Trade thi< ther J and whereas feveral I Merchant Ships, bound to o- ther Parts of North-JmericOf may be now at Spithead waiting for Convoy ; and whereas the Ship Beaufort^ 1ad|cn with Forces, and Baggage, fox Louijhurgh, lies now in' the Downs^ and yf\\\ fail from thcn?e th? fird faijr Wind for B " ' Spithead: ip^ SPfPiiRPiiP WV!' '■•"»•! «HPP Spithead: Tcu are hereby required and direSed to tat:e his Majefty's ShJp the Warwick under your Command» WHOSE Captain is directed to follow your ORDERS) and making all poffible Difpatch tn getting ready for the Sea; and then making Enquiry for, and tak- ing under your Convoy, all Merchant Ships and Veilels bound for Newfoundland^ or any Part of North-America, that are ready and defirous to accompany you ; you are to proceed out to Su Helens } and, fo foon as the %ip Beaufort joins you from the Downs, you are to repair, without Lofs of Time, to Plymouth, where you are to coIleiSl together what Trade are bound to North-America, or Newfoundland, and proceed with them under your Con- voy to Newfoundland, You are to fend Word to the Mayors, or Pfiole, chief Magiftrates of the Ports named in the Weymouth, Margin, to let them know the Orders you Bridport, are under ; that you fhail call oS their ref- Lyme, pe£Hve Ports for the Trade from thence j Topjham, by what Time you Ihall probably appear in J^artmouth. Sight, and what Signals you (hall make , and you are accordingly tp call off thofe Ports in your Way to Plymouth, to make the appointed Signals, and ftay a reafonable Time for the Trade to vome out to you, and then take them under your Cara and Protections When you arrive ztNewfoundland, you are to inform your- felf what Force the Enemy have in thofe Parts, and what Danger the FiHiing Ships, or the Ifland itfelf, may be in frum the Enemy } and whether any of his Majeiiy's Ships «rc guarding the fame : And, if you find all quiet, you are to proceed on to Louifburgh. But, if there be no Ship employed for the Prote. Orders from the Right Honourable the Lords Commiifioners for executing the Office of Lord High Admiral of Great-Britain, &c. dated 5th of June, 1 747 } Tou are hereby required and dire£ied tofoU hw all fuch Orders as you Jhall from Time to Ttme receive from me for his Maj^fs Service j and you are to keep his Majefty's Ship Pf^arwick under your Command, in con- ftant Readinefs, in all Refpefls, to fail in Company with me. Given under my Hand on Board his Majefty's Ship Lark at Spithead this nth of June, 1747. Signed, JOHN CROOKSHANKS. To Captain ErOtine, Commander of his A^jejlfs ShipWat' wick, Spithead." 6 2 SIGNALS: ip wfrnf '^^^^^mmmmmnimm * i t4l SIGNALS: *< If I v/auldrptak with the Captain of tUtieffarvneky I will hoift a Pendant at the Main Top Maft, and with a Lieutenant, a Weft of the Enfign. If with a Boat with- out an Officer, the Weft half Staff up. To chace^ I will hoift. If you fee aftrange #• Shipon any of the I To N. W. . . a Spanijh Jack, Quarters, you are I N. £. . . a French ditto, tomaketheSignal 1 S. W. , . a Dutch ditto, keeping it out till f S. £. .. an ^n^/^ ditto, I repeat it. C For all other Signals I refer you to the general printed failing and fighting JnJlruSfions. Dated on Board the Lark at Spithead^ this ilth Diyof June, 1747. To fpeak with the Cap- tain of the Montagu Bilander^ a blue Pendant at the Mialen Top Maft Head. J. CROOKSHANKS. To Captain Erfkine, Commander efhii Maje/i/s Ship War- wick, Spithead." Captain Crookjhanh alfo gave Signals and Inftrut^ons to fuch Merchant Ships as were then at Spithead waiting « fbr Convoy, for their Guidance, and better keeping him Company in the Lari. The Beaufort joined Captain Crook/banks, who failed down the Channel.^ on the 15th of June^ and anchored the 17th in Plymouth Sound, where he made up his Convoy, and failed from thence the 20th in Company with the Warwick^ Beaufort Tranfport, and the AimtagufKVet, This Packet was in the Service of the Office »f Ordnance^ and was commanded by Mr. CenneUy^ who took Orders k Orders ; and he iriaUi was I 5] ^ an excellent Sailer, and expertly managed. Ttieedier Part of the Convoy, confifted of 24 Merchant Ships, bound to Newfeundlmdy and different Parts of America^ who kept Company with the Men of War as long as their Mafters pleafedjor as their different Routes lay tolerably well together. It is proper to obferve, that the Lark was one of die worft conffru<^ed, bad failing Ships,|that perhaps was ever called a Man of War, in this or any other Country : But (he was rather well manned ; and would have paifed, in other Kefpefts, Tor a Ship well appointed. The War^ vflck was a fmall 60 Gun Ship, of the old Eftabliihment, much inferior to thofe of the new, as to her natural De-> fence : She had 400 Men ; but Captain Erjkine has been heard to complain of the Badnefs of his Ship's Company; however, he certainly had this Advantage, that, in Addi- tion to the ufual Number of three Lieutenants, there were three others on Board his Ship as Paflengers, who were going warmly recommended to Commodore K/muUs^ to be preferred to Commands, as Opportunities might hap» pen. This Fleet proceeded on their Voyage, without any remarkable Incident occurring, till Tuefday, the 14th of JuJf/i 17479 when, at 7 o'Clock in the Monang, as the Ships lay becalmed in the Latitude 40—38, and Lon^^ tude from the Lizard 21—22, they difcovered a Sail to the Weft ward, which Captain Creei/hatiis, after fome Obfervation, concluded was a Cruzier, and a large Ship. About 10 o'clock, with little Wind at Weft and by North, Captain Croekjhatih gave Chace to her; but keep- ing as much as poffible in the Track of his Voyage. About 1 1 o'clock, the Lark made a Signal to the Jl^mtagu Packet to chace, who went fuperlatively better than either of the Men of War, and gained faft on the Chace in Sight ; the Convoy then confifting of 13 Sail* including the Beaufort Tranfport. At 9 o'Clock atNight, the mF^ mmmmmmmm '^^f^mmmmi'' "'^"^^''mmmiwmm , I I" [6] the Fleet entirely loft Sight of the Chace ; but continued the iaine Route. A little after lo the Montagu fired Guns, and burnt falfe Fires i which enabled Captain Crook/hanks to judge that the Ch^e was tacked, and fail- ing the contrary Way from him ; and that the Montagu was keeping her Company : Therefore, he alfo ordered falfe Fires to be burnt; which was an Acknowledgment to the Montagu that he difcerned her Signals. Captain Crosijbatiis made the Night general Signal to the fFar- wick and Convoy ; in confequence of which they tacked ; the Wind beirig then changed to the North-Eaft and by North i and the Fleet chaced Eaft and by South, which was going almoft diametrically oppoftte to the Courfe of %^ their Deftination, defcribed in the foregoing Order from ^ the Lords of the Admiral^ } fo that Captain Crook/hanks^ by chacing the Enemy in fuch a Courfe, expofed himfelf to Danger, as will appear by the 13th Article of the Ar- ticles of War, which is Word for Word as follows. ** The Captains, Officers, and Seamen, of all Ships, appointed for Convoy and Guard of Merchant Ships, or any other, (hall diligently attend upon that Charge, " without Delay^ according to their Inftru£lions in that ** Behalf; and whofoever (hall be faulty therein, and (hall *' not faithfully perform the fame, and defend the Ships ** and Goods in their Convoy, without either Averting to o- •' ther Parts or Occaftonsy or rcfu(ing, or negleding to fight ** intheir Defence, if they be fet upon or aflailed,orrun- ** ningaway cowardly, and fubmitting thcfein their Convof *' to Hazard or Peril, or (hall demand and exa£l ?ny ^' Money, or other Reward, from any Merchant or Ma- ** fter, for convoying of any fuch Ships, or other Veflels ** belonging tj his Majefty's Subjedb, ^11 he condemned ** to mqke Reparation of the Damage t$ the Merchants, ** Owners, and others, as the Court of Admiralty (hall '* adjudge ; and alfo be puni(hed criminally, accordi.ig to their Offirnces, he it h Pt €i <( Qiiality o/De c< »( (( or fciiiaSi.,.,, mmmm ><*liP«IHiiiliPli "^mm ':* cn . , «< or other Pun5(hment, according as (hidl be adjudged fit ** by the Court Martial." As the 4th Article relating to Convept in the Nerval In- flrudlions efiabliihed by his Majefty in Council, fpealca very explicitly to the Point in queftion, it is neceilary to be inierted, and is as follows. *■*• All Commanders, who h&ve Merchant Ships under •* their Care, are Jiriilty forbiddm to thace out ef Sight of *< their Convoys \ but they are to be watchful in defend- «* ing them from any Attack or Surprizcj and, if any of •« them fhall be diftrefTed by Weather, or other Acci- ** dent, to afFord them all neceflary Affiftance." The Montagu continued frequently to burn falfe Fires, which were as often repeated by the Larky whofe People fometimes heard the Report of Guns. At 2 o'Clock in the Morning of the 15th of July y the Lark again difcover- ed the Chac<* j and at 4 o'Clock, Captain Crookjhanks was perfectly able to judge of the Force of the Enemy, who he perceived endeavoured to avoid him, and Teemed as if he intended to a fible. The Rigging was flacked, the Stauncheonstaken down, the $hip trimmed by running fome Guns aft» a great Number of Men were kept feated on the Q^iarter Deck, and not one fufFered to fiir but on ibme very particular Occafion, till all Hands were ordered to their Quarters. Captain Crook/banks frequendy examined the Trimming of the Sails himfelf, and ftood almoft conftantly by the Helm's-men, inftru£ting and encouraging them to ufe the utmoft Care and Nicety in fteering according to the Di- re^ons of the Quartsr-mafter at the Cond. The Lari was appointed, in all Rcfpeds, ready for an Engage* ment at every Inftant. At S2 at Noon, the Englifi) Men of War had chafed 29 Hours, 1 3 of which were directly out of the Courfe of their Voyage : And the Warwick was then near a Stern ef the Lark, t( Late ■W«" «nv« IP* M^pM||p9> mv«n>i ll«iP|l|pif*^«P ""^P "^ date Shoe fovour led with ontribute i Enemy, fignalize the fame they had to think, deviation th the ut- edions in ) Doubts, I and con- common »ment ne- iMrk up 1 as pof> cen down, c, a great ter Deck, particular Quarters, imming of ly by the to ufe the to the Di- 1 Engage- t 9 ] Late in the Afternoon, Mr. Cratg^ the firft Lieutenant bf the Lark^ niade the following Obfervation, addreffing . himfelf to Captain Crookjhanksy publickly on the Quar- ter-Deck : ** That he thought every Officer and Man iil ** the Lark and Warwick were beholden to him, and " ought to pray for him as long as they lived, for having "* gone fo far, at fuch Rifque, to endeavour tb put a ** Fortune in their Pockets." This Remark would have been fully fufficient, to have made Captain Crookjhanks recolledl the Thirteenth Article of War, and the Naval Inftru£lions, in cafe he had actually for- got them : However, Captain Crockjhanks replied to Mr. Craig^ *' That he did not think he merited fo great a •* Compliment : That, if they could take the Enemy, it "* would certainly do them all much Honour j and, if ** Fortunes * were to be made, he (hould be entitled to *• a Share." He then feized that Occafion to exhort the Seamen to all poffible Silence, and calm Refolution, whenever they came to an Engagement } afluring them, he had well grounded Hopes of Succefs, and could hardly doubt of having an agreeable Opportunity of thanking Mr. Craigy and every one of the Officers, for the refpe£live good Management that might depend on them. "Yi^/tZ/z^Af//^ /Aa/;tff^ As we are near the Period of Chewing the Manner, vx/it^A^*fi?lf /'-?-**•> which the Lark z'tA Warwick appproached the Enemy, ^y^./e^^f;^^ it may be neceflar)rto (hew the Reafons why Captain ^ • jXar^** Crookjhanks did not M«/?//f Captain Erjkiney in regard t>V' ' his defign and method of Attack : Becaufe Captain Erf'/yy '^ kine has loudly, and with uncommon Arrogance, cen^ -/•■ fured Captain Crtok/bankst for not aikmg his Advice j ^ ^ * By this Time, the Officers and Seamen had fully deter^ termined, in themfelves, that the Enemy was come from the Havtumaht and had aTreafure on board ; which was an <^ Opinion that Captain Crook/hanks was glad to cheriih. ^ L-Z/^r/.-Vif y/^' ^^^i*/^ .yv^^^,^^ ^^/j^, - ^i< , » ^ •J ^. .f^-y, ^-^^' "^yy . . ^^Ar^-^ f<^«^ v*f,y^ r to ] - treatkig it even as a criminal Negle£l. Captain Croik'- Jbanks was fenior Officer: And there is not any Law, r '^rdery or Preicription, that dire^ed fuch a Confulu- But, fuppofing there had been a ftrong Injun£lion to the Senior, to afk die Advice of his Junior Officer ; or that Captain Crookjhanks had been diffident of himfelft or entertained a great Opinion of Captain Erjkine^ and, in oanfequence, earneftly defifous to confult him: Yet Captain Crotkjhanks was then fo circumftanced, that He muft either have refolved to a£b without the Advice of Captain Erjkiru, or relinquifh tfie Enterprize. Becaufe, k was clear, that fo far from having Tinte to flacken Sail, to bring the Ships too, to hoift out Boats, to pafs and repafs, nay, even to fpeak to each other, that if any of the Operations and Diligences of flackening the Rigg- ing, taking down the Stauncheons, trimming the Lark^ and other Circumftances abovementioned, had been ncglcdted, fhe could not have overtaken the Enemy. For after all that Captain Crookjhanks had done, he over- hauled the Enemy, merely by little Advantages^ of having more Wind at particular Times, when the Enemy had lefs; which is often known to be the Cafe of Ships chacing each other in fine Summer Weather : But, as to any DitTercnce of going between the three Ships, it was fcnrccly perceptible ; nor could this fail of being obferved on board the Warwick all that Day, and indeed during the whole Voyage \ which might have ferved as an Ad- monition to Captain Erjkine.^ not to fcparate from his commanding Officer, more cfpecially in the Night, and in the Manner he did, as will be fairly reprefented. And here it will not be impertinent to afk, if Captain Erfnine exerted himfelf, by making all the Operations and Diligences that were in his Power ? for, if he did, he might ' hiive come up with the Enemy fooncr than theX^ri. *^ /o\ ' V'>" 'iwipw tain Creok- any Law, Confulta- Elion to the ;f; or that Imfelft or /, and, in him : Yet ^, diatHe ; Advice of Becaufet ! to flacken its, to pafs that if any ;theRigg- r the Larkt had been lemy. For , he over- ) of having )nemy had b of Ships But, as to ips, it was ig obferved eed during as an Ad- te from his Eighty and eprefented. if Captain rations and i, he might X Lark. ?-«> The/^ C " 1 -T: The firft Ifiift as poflible \ Point was to get a-head of the Enemy as ^ • /^ /> A fible, to impede or divert him, during the *^'«'**^' , /^^/-^^ Night, from leading Captain Crookjhanki farther out of->^"*-'^^;r ^-i his Way, and thereby making him run the Rifque of XV P>/i jp>^ ^^ Itotally lofing his Convoy j for, at the dofe of Day, /^^;^ ^ ftherc were only feven Sail to be feen, at a very great )i{bnce a-ftern. At Ten o'Clock at Night, the Lark drew near up {with the Enemy, who fooii after hawkd up his Main- Ifail and Fore(all { which Motion was underftood by Cap-> jtain Crookjbankty as declaratory that the Enemy would jlay there to fight himH^The Wind then frefhened a tlitttes and, at half an Hour paft Ten, the Lio'k was [very near up a-breaft of the Enemy; the tVarwick B-ftem, and fomething to windward of the Lark^ fol- lowing her } as may be feen in the annexed Plan. ^ Captain Crook/hanks intended to ftretch out, juft far ^^'/-M*-^ f^^it^f' [enough a-head to gain the Wind of the Enemy, in ox-\// r-'-^/^X* rA,M der to return inftantly, and endeavour to engage him a^^ ^/,V/>^S^ ^>" dawn of Day on the Weather-Bow: Nor ha4he any, ^ ^ • ' Reafon to doubt but Captain Erjktne wouid> have fol- y • yJLj" lowed him, as clofe as he had done from the firft begin-i' '^f *, • ^ ning of the Chace. Both Ships had then out all the'^'^ *^^^*^> f/-^ Sail that could be fet by the Wind, even to d»e Sprit- '•< iail-Topfatls i and it could not be conceived that Cap-. ' tain Erjktne (hould fail to fee that the Intention of his commanding Officer was to pafs by the Enemy : For the muft have been certain that Captain Crook/hanks kept all his Sail abroad ; becaufe, as the going of their two Ships was fo equal, the leaft Diminution of Sail on board the Lark^ would have obliged the Warwick to ihortea Sail alfo, or have forced her a-head of the Lark^ However, contrary to the Expectation of Captain Cronkjhankit juft at the Time that the Lark had got up with the Enemy's Quarter, at about 350 to 400 Yards Dift^nce, Captain i C 7. Enkins '^ ../ [ " ] Erjkine ordered the Warwick to be tacked, and (loo4 from the Lark and the Enemy ; in which, as junior Officer, he certainly a£led extremely wrong j for no In-? ilrM£Mon, Rule, or Pra//, yz/XHow could Captain Erjkine flatter himfelf that the r'^j x,-^ /V^^.v/f'-w-w/Vif alone was capable of undertaking a battering ,^ • ^ Fight againft the Gloriofo, at all Difadvantages, to Lee- ^r^A"^;'?P/'^^^^^''^ard, and a-Breaft? Nothing elfe could have been ex- fiK.Oii^ ^''■'{'^'^^^tdv^^^ but exadly what happened; that he would be c^//c <'/^/*/'7 crippled, and thereby fruftrate the Defign of Captain^ >Lff/ftyt/ /'''^r-*^ X:rookfl>anh, /f/c? //fc'.^^f*^''^'^ Captain Erjkine intended to engage the Enemy to Leeward, his tacking, in the PoHtion he did, was not necefTury : For, if he did not judge himfelf able to have reached up with the Enemy, in dofe engaging Diftance, rt is next to impoffible he could be ignorant, that, if the Enemy would engage lying too, with a Topfail to the Mail, or moving under a flack Sail, the G/0r/r no In? h a Pro- direi^Iy nunding :h ftrong^ as will of aftr ^orced in- o an ab- juibridled :afures of to have VIerit of that the battering , toLee> been ex- would be CaptainJ [ '3 ] Jbanks (hould take, and how he would engitg^ } furdft in this Cafe, Captain Erjkifu could have no Reaibn to tack when he did ; as the eafieft and moft proper Mcm^ thod would have been, to iborten and accommodate his /*, .^/ Sail to that of the Enemy, "/ t If Captain Erjkint meant to get to imidward of thc^^^ ;> i)^ ;^ , . v / ^ {)nemy as faft as he could, the fooner to bring on an^-;. .«/„.'. /•/J^^- Engagement in clofe eng^ng Diftance, andtonm the,;^ ,r/r.P^ f^^ }*,f/.' 'y/i leaft Rifque of lofing the Enemy» fhould he have en«^^ ^.^ , > deavoured fKll to avoid him and the Lark f In that Cafe, / ^ _ - ) / " s it may be conceived, that, independent of every othcr^ "^ Confideration, it was the Bufinefs and Duty of Captain '^ ^' '"^ ErJInne to have followed the Courfe of the Lark^ as thef''^'^ ihorteft and moft certain Method to gain that Point ; for thereby he would have kept the Diftance, clofing by as /i much as the Enemy failed, following the Zari on th^^.*^'-*'^*^ fame Tack: Whereas, by the Method he took, he in-/'/'"^/>^'''" ^'>"l creafied the Diftance, fo much as he failed from the £ne>/v '^ ' *./ J? 4 Seamen. ''C//[ ^/.^^ .^ Upon being informed by (bme Perfon on the Quarter^ • ^^ / Deck, that the WarviUk was tacking. Captain Crook-^^^"*^ y,^" Jhanks looked behind lyn, faw the Warwick, and immc-^^'^ vT' diately gave Orders teC^re on the Enemy; declaring, as i^'^^'***'^ • it were in the fame Breath, ** That it was impoffible ^* Captain Erjkine could a£t fo little like an Officer ; fH^y/fi -^ '' " and that he was certainly caught in Stays* \** for fo//^/^"'^'''*'^"/^ indeed, il appeared to Captain Craekflkmks, who thejt)^^ t^z^M.^f/O* went into the Gang-way to ^ve Directions j where he /2^^ C^./.x.^^ heard a Man,^quartered at one of the Guns in the WxRel" ^ ' hallow aloud, ** D^—n thtm, they are rutming atuof' ^z "^ * ' v ^ ^'-frm us: But Captain Cm^/Swii** iharply reprimanded ^*^* '"^ ^ "^ hini} and Cud, " It was certainly :an Accident, and that-z^'v /t/'/^^ft* ^/*i ><"■ /X^ /^ \e u,fft»-*^- • %^ iiuroluntary Tacking. ^eirJ'X M'f ^yi^3~ jtti /«»«.* /"^ i^y; '-/'f-'. \1 1 4? >«- X. t: %^'rt.t^^- t'*- ./. A ^x ''/ -^ «^^yi-m. ^ .A*"^ if-M 'f>*~0 9 /v *r ^^<-^ J 4* 4 J //• C'* ^ t «4 J /5/^/** //- //^ / « he had no doubt they would immediately vttxt^ or tack, ** and rejoin the harV* k- However, t|iis caufed no Alteration in the Plan of Operatiop/which Captain Crook/banks had laid down to himrclf|/except that he kept the Ship luifing and (hak* ing in the Wind as much as poffible, without throwing her about, in order to fire on the Enemy as he pailed by him. What firing the Lark made, appears, by the Mafterwer-Deck Guns were broke, and one of the Guns had almoft efcaped down the Cockpit Hatchway. It may be pro* per ^fo to obferve,that the Lark*% firing was within fucU aDilUnce, W^'^^^-'y-'f^^X '^Y,^ *A^ /".. ?/^/^ /f.r tfJ^. Breechings are large Ropes, ib contrived, and iixe4> y. as to prevent the Guns firom recoiKng beyond a. certain ^-y /^yit*- >^^u^iftance : And though fpare Breechings and Tackles lay * f always ready. To that the Damage might be repaired in a **'/ 'r->K few Minutes, when every Thing on board a Ship is quiet 1 [« , «-/^v 'A ' ^^ ^'* however, widely di&rent when engaged with an Enemy ^>^^" /i "^ of fo fuperior a Force; for then it muft take confiderable more Time ; and to lay expofed to his Batteries, without being able to return any Fire to Advantage, would be no Sign of Bravery ; but, on the contrary, would be confirued, by the Difoerning, as a Mark of Ralhnefs, and very great Imprudence. I »5 1 a Diftance, that her Quarter-deck duns certainly reach- td the G'ioriofo, fince the Gtoriofo's Grape-fliot reached the iLark* It might well be conceived, that Captain Crook/hanks ihould here find a fufficient Excufe for quitting f the Enemy till thefe Damages were repaired : Qut, far from defiring to reil upon this Plea, let us defcribe what he intended j becaufe it is avowing the Truth, on which a- lone he ihould rely. It has been mentioned, that Qi.^i.CrookJhanks orAym^/j, y/^'u/ja9. tended to intercept, and not to engage, the Enemy, tilJ towards the Dawn of Day. His Aim was to have flood far enough to gain the Wind, and to w?.tch his Advan- tages on his Weather-bow ; By which Means he fhould, or ought to, have had the ff^atwick ready to engage hor Quarter or Stern. Befides, the Montagu could have niolefled // e /* \ r ,'//» /v t (T^ "f M t This very Cafe happened to a very gallant and de- '^-^ ^ a fcrvedly efteemed Officer, Sif Edfward Haivie, in his En* .r^ • /^'Y gagement off Cafe Fimflere with the French Squadron under ^ the Command of M. VEtenduer the 14th of Oilober 1747. " Rear-Adffliral Hmoke, in pafling on to the firft Ship he could get near, received feveral Fires at a Diftance, '* till he came dofe to the Severn, whom he foon filenced, *' anciL left to be taken up by the Frigates a-ftern : Then *' per<;eivii\g the Eagk and EMnburgh, fomewhat difabled by *< the TonaHt, the DevenJUre kept her Wind as dofe as « po^ble to !>'Gft them } but this Attempt was fruftrated *< by the Eagle's falling twice on board the Devonfiiire, ha- *' ving Had her Wheel ihot to Pieces, all the Men at it " killed, and all her Braces and Bowlings gone; which *< drove the Rear- Admiral to Leeward, and prevented his " attacking either the Monarpie, or TortaHt, within any ** Diftance to de Execution ; however, he attempted both, *' efpecially the latter ; but, while he was engaged with *' her, the Breechingt of ell ibe latuer - Deck Guns of the «< Devonfhire broke, and the Guns flew fore and aft, iJucl) " obliged her to /hoot- m-head , becat^e her Upper and Quarter Deck Guns could not reach the Tonant." See Kelt's Hiftory of the )ate War, tol. JT. p, 485. // -•■^ u >/a 7./ , ^^ /v^tttolcfted the finemy at a Diftance, by firirig at h /"/ //'xl&^Z* The Beaufort Store-fliip had been an Eaji-Indid */ ^■*' '*/ Ship of the largdll Size, was a ftout Veflel, and carried yi^ ^iff^, '^ '"^ ~**^ Guns } had on board, befides her own necefiary Com* /^ ^ C / P^e*«cnt, a Number of OflScers and Recruits for the Gar- ,»r .> > ^"^y ' yifon Qf lottisburgh, and flie would have been up with \'f i^//^/ff^^'f'- the Zflr>f at Day-light, when her Appearance might have ^^^A / >*^/^/^**^'^ ^^® * ^^^ ^^ '* ^"^ ^® doubted, that her Matter, . ognd the Gentlemen on Board, would have hefitated in ^ ^'^/'"'''"'^'^^^giVing their AflMlance, when they perceived they could/ o> . ^^ — 7^* Major Lawrence, who has beendnce promoted to the •"* '*"^ '^Z"" t^^ank of Brigadier-General, ;.iid is now Governor of ^tcr^i /'^^'''■^y Halifax, Capt. Cotterell, Caipt. Pf^ynck, and Lieut. C/n;- Y/i^!^/^ /Ayf'-^f't!^^'' ^**® ^'''^ Soi'^g to join tlieir rcp^aive Regiments ^t Louisburgh, were to have taken their PafTage in the ^ /^2t^/^^>"'y Beauf«rt\ but were then actually on Board the Lark: ? //^/'//y^z-vT Therefore, if the Defign of Capt. Crook/hanks had not been thwarted, he would have made no Scruple of pro- z^ ^'^^*^ ^^^-/-^ "Tjofing to thof? Gentlemen tb repair to the Beaufort j be- tt*Jh^ j' ' ' -^ •""' ^' away after him, till the Z<7r/^ had the Wind one Point ,^^ ^,^^^^,^^j(^^ on the Starboard. Quarter i in which Manner (he fol- /^ .^ / cr* ^. lowed the Enemy, and the Mafter himfelf diretSled the^^ ^ ' . \, Steering of the Ship, by the Order of Captain 0*55^- /'<' '^/^'"* i ^/t Jhar.ks from the Gang-way. /^^^v^////^ f^ During the Time the Lark had flood to the South- ■ ^^ \ ^ / Eaflward, Captain Crac^/^aw/fi feveral Times afked after» ''*'"!/ ' ^ y and ordered a look-out to be kept for, the Warwick :I For /•^'^ ^.r^'/T/'/ not feeing her when the Lark tacked, he immediately . exprefled great Concern and Surprize to Major Lawrence^ and the other Gentlemen, who were ftanding by Cap- tain Crookjhanks on the Quarter-Deck ; declaring, ** That he began to fufpeil: fome Accident, or iViifma- ** nagement, on board the Warwick ; and feared the ^/ . , ^ " Enemy might overtake, and engage him finely, witlv^''^' " "[^ *' many manifefl Difad vantages on the Warwick^ Side ;"'»'*'^ •■ ' '^**** becaufe Captain Crookjhanks could not then in the leafl^y^ .ai^x/v^P /A apprehend, that Captain Erjkine had ordered his Ship a^^ ^9^//- to be tucked, to ftand from the Lark and Enemy ji ^ Which proved to be the Fadl. ^^'"^ ' ^''^ It has been whifpered, and infinuated, by fome de- ^» ^V ijgning and evil-minded People, whofe fole Merit for their Preferment was, their forwardnefs in cenfuring the i ^ , Conduft of Captain Crookjhanksy « That he lojl Time in ^ " c>.^'J ** tacking f injieadof wearing" That is a doubtful Point,^^- X« "-'-"y €ven as the Circumflances flood: But it is certain, ^^^^^ J.^^ /f^ that, if the Enemy had kept his Wind, Captain Crook^ y , ,^^ Jhanki would have gained Time, and alfo fecured "his /A/ s// Intent of being to windward. It has likewife beeir "^ ^ infmuated againfl Qx^XAxnCrookJhanks^ " That, in followO:^ '-^ ">• ** ing the Enemy after tacking, he did not make ail ^je/to*^ ^*f ^ ■ft' re ^/f/y-^^^''^ /^,<:% ..X^> j?V.^>^ •.:^'>^e>/«-/'i*-/i i^ /*^^*/ / c» ^^, /%r <-^' /? ^ •!»-.. X ^/ ..*, ^ /^^ t> - ** S**^ ^* *"*8;^' *"^* done." But the real State of ^ (_^5rSthe Cafe is, that, during that Time, there was very A ittle Wind; the Sails often flapping to the Maft; the K«arboard Clew-Garnet of the Main-Sail was dropt; , iind the Fore-Topmaft Studding-Sail ordered to be fet, ^^ ^ ^ which was not done as quick as uAial, and of which / ^^^ /f 7r^.**'^iptain Crookfixinks found Fault, by feveral Times com* /VJ>laining about it* particularly to Mr. Craig the firft ^^*^^ Lieutenant, upon the Main-Deck j and to the third ^^v^y ■'^''^'*' Lieutenant yix.Toung^ upon the Forc-Caftlej fothat, >^A^^^y/7i^'f'^ ^'^ neceffary Orders were not diligently executed, it ^^. was furely their Fault, and not the Captain's, whofe (■3/*. .^ ' • ^ Province it was to order, and theirs to fee the Execu- ^j^^^f*'^^^'^/ (\on. But, fuppofmg the Studding-Sail had not been y^ ^ ^^ ^ ^ ordered at all to be fet, we fhould not think Captain /^ Qrooltjhanks in the lead; blameable in that RefpeA ; be- **"'"* ^'*' ^ caufe it was in the Middle of the Night, and there was >.j^r f /x f^'rr %r then fo little Wind, that the Studding-Sail could not have ^-c /'^^ ^.'^//i -^ Jn^de the Difference of two Yards in an Hour, as to the ^ y-^A^*^^*^ go'Og' Therefore, Captain Crookjhanki ordered it rather out of Ceremony, than in Conflderation of , %/^A- '^ije iiifs wanted, and perhaps thought improper j for, as the Lark'i People faw the Enemy plainly, and never loft Siglit of him, though the Night was obfcure, they might reafonably expe£l to be foon up with him, as it certainly would have happened, if Captain Erjkine had a6led in any other Manner i\vm jufl as he did ; and it is fubmitted to the judgment of cvLMy (kilful and experi- enced Officer, ** Whether, in the Night, a Topmaft *' Studding-Sail, is a Sail fit to approach an Enemy, with " whom you expedt every Minute to enter into an En- ao-cment f " /.> /"iW an t>"&^ The m ■p"^p« mmmKm^ t f State of was very laftj the as dropt; to be fet, of which mes com* the firft the third i fothat, xuted, it 's, whofe le Execu- not been c Captain )e£l; be- there was not have as to the i ordered ration of and, if ail would for, as never loft re, they im, as it '^Jkine had and it is experi- Topmaft ny, with 3 an £n« The t 19 ] f/;'.^Ar.A The Steps taken by Captain Erjktne were the lafl that s/^'^^* 2r«^.^; Captain Crookjhanks could have fufpefied him, ^^ ^^^ Jj ^j'yy ^///)^,*' an unexperienced Youth, capable of taking. It has ^ .//'j> ? r^f^-j^ been already mentioned that|the ^arwiV* tacked, and' "V ///!^ j^ ftood from the Enemyja-fterti. From fuch a Proceed- ''^^'^'''^^'* • ; '''/'' ing, it may be concluded, th t if Captain Erjkiru had^^' ' V // >>l formed any fort of Scheme, it muft have been to get x.Ck'^*'^'^"^'^/*' ^ the windward of the Point, or Station, from which hc/r/r?* **^"% '^^^'*'' tacked i and alfo to get to windward of the Enemy : But-/^ /^'.7/^te/t^a it is certain, he neither fucceeded in one orthe othej;?;^^^,, ? J'i/y^ However, fuppofe we admit, that he 'tfhedandintended A^;^'^,.^^,r|^^ ^ it : How came it to pafs, that his Endeavours were not ^^y^ ^,0 /^ attended with Succefs ? efpecially as no Accident or /% /y/^t Misfortune intervened to prevent it. To what other Caufe, then, can the Failure be attributed, but to fome "^ fort of bad Management ? The Time that the Warwick ftood from the Lark znd^,'^^^ ^nemy, could not be exa£Uy afcertained, till Captaii^^^/^^ , Crookjhanks came upon his Trial f^iit fo fai it is certain, ^^ y ^ ^^ . *. vv that the Enemy failed to the South-Eaft under a flack / »' Sail, and followed the Lark under a preft Sail, till h^*""^ "/'^ faw the Lark ftretched nearly far enough a-head to wea-^y^*' '^''y /'''''^ ther hi mTlw hich moft Seamen can judge of by Infpec-//' "Z'^^-^* ' 5^^ tionj and, if not, they may have recourfe to their ^ Compafs. Then feeing the Warwick to Leeward of /^t ^/fy^* ^.s/ l ** certainly bring the biggeft Ship to a feparate Engage- " " • ) ^ *' ment j and I ftiall preferve the DiJJance between my^ / . » ** two Adverfarleo ; becaufe, I have the Proof, that I " . j> ^* go as well as they do by the Wind : I am loftier in m/^'^^ '** ' ,; "Sails: There is now but little Windj and I ftiall/^'*^-'"*'^ ^/ ** in all Probability, have the Advantage, by going v///Ay^''y/^^/ ^ . D a *« large. crXX»J r^a^o^ /l^^t ^er/y '>/>, mm ■■M HHIIi mmm ' " large *. If I can make him fight before the Wincf, ** though biggeft, he is greatly inferior to me : I a£b ** only on the defenfive j and I will do what I can to '* avoid having two Ships upon me at once." His Con- du6l plainly fhewed he adied conformable to fuch Rea- foning ; which could not fail to occur to any able Officer in his Situation. Capialn Erjkine^ in {landing again to IL/* /» • *^ ' ^'^^ South-Eaft towards the Enemy, then bearing down upon the IFarwick^ tried to crofs the Spaniard a-head ; but he would not let him ; and, to prevent it, bawled the Wind two or three Points. This fkillful Manage- ment of the Spaniard, f greatly embarafled Captain Ersk'mey obliged him to bear round up, and he wore too, in fuch a Manner, as to find himfelf Mtdfliip-Beam and Midfhip-Beam a-breaf); of the Enemy, whom, by this * The fecond Captain of the Ghriofo, had been, alfo feconfi Captain of the Prince^-' Man of War, when taken by the Lenox, Captain Covil Moj/ne ; the Kent, Captain Thomas Du' rcll\ and the Orford, the Hon. Lord Augujlm Fitxroy, each Ship of 70 Guns, and their Commanders have always been ellccmcd very able OfBcers, and truly brave Men ; in which I'.ngagement, the faid fecond Captain muft have learnt, by Fxpcrience, to judge of the DiiFerence between making a running Fight againft three Ships, and lying to, with his Fore-top-fail to the Maft, to receive their Fire. The public Account fays, that the PrinceJ/a had 700 Sea- men, and 200 Marines aboard : The firA-Lieutenant, and r.iany of them Irijhmen ; and "ihat fhe made an obiUnate and Moody Refiftance, for fix Hours. t Captain Erjkint^ at the Interview he had with Captaiv'^ Creokjkanks after the Aftion, told him, "That, asfoonaf' " the Enemy began to fire, there was fo much Noife au4/^ " Confufion among his People, that it was not known wli»^ " commnnded the IVarwck." This was certainly a weak/ Declaration ; fince it was pronouncing himfelf a bad OfH- 1 ccr, and his Ship's Company ill difciplintd. M I Wind, ;: I aa [ can to [is Con- ich Rea- Ic Officer again to ing down I a-head i , hawled Manage- Captain wore too, hip-Beam /hom, by this alfo feconfl en by the Thomas Du- tzroy, each ways been ; in which learnt, by making a J, with his id 700 Sea- tenant, and bfUnate and *at ^r^2 ///*/ P.^f ^y. ^r->» :i >^ ^^^Ay^i^ ^1 /Atl^ // /i^i*-^ tKi^roceeding, he fufFered to take the g^eateft Advan-^ tage, to edge down upon him, and attack him at die^ Diftance he liked. If Captain Erjkine had in the lead penetrated into the £nemy's Scheme, he would have put his Helm a-lee \ for, at fuch a Crifis, we may imagine that his OfHcert and Men were fo placed and difpofed, as to be at every Moment ready to work the Ship fuitably to any new Inci- dent. Had he taken that Step, he would have oppofed the ftrongeft Part of the Warwick^ to the weakeft Part of the Gloriofo : He might have had the good Fortune, by his Quarter and Stern chafe Guns, to have wounded fome Mail, Sails, or Rigging : He might have forced the Enemy to yaw his Ship, if he continued to follow large, which would have impeded his Way, and have given the Lark the Advantage of getting up fafter in litttleWind. The two Ships being then a-breaft, as juft now def- _. ^'^.. /^/^j^^^^ cribcd, the Gloriofo began to fire her Guns deliberately, , ■\ ^ and flowly, into the TVarwick^ till fhe carried away thi"'' ' '^'C]** fVarwick'A Main-Topmaft, wounded her lower Mafts,^^'' ^ /^f^'e^ Ihattered her Sails, and tore her Rigging; but killed/T^-^^^ ''^' only two Men and one Boy. The Warwick fired Num— yi^/^- /A*.'* /W« bers of Guns at a Time, in a confufed hafty Manner j'^^/.'' .^ i^/?A, and then made long Paufes : But what Damage (he did^y' the Gloriofo was never known; though there was no*^ "Z'^*' Appeafance at Day-Light of any j nor, indeed, could any Damage to her well happen. The Enemy, with VX great Addrefs, kept fo clofe to the Warwick^ as to be ^^ almoft fecure from any eflential Injury ; wh'ch will be conceived, if the great Difference between the two Ships is confidered; as the Gloriofo was vaftly fuperior in Heighth, in the Thicknefs of her Sides, and Stren'rth of Conftru(^ion, in the Number of Men, Calibre of ^er Shot, and Weight of Metal. I: /- 1 MM RMP "^npnufippp wmmm <» *« ^/iO-ri' [ 22 ] "^''1'*^'^' It has been obfenrcd, that the Ntght was obfcnrei » ^^^>''"^' But, diuing^e Firing, the Explofions of the Powder enabled the People on board the Larky to fee the Hull^ . y of both Ships at Times, as pimnly as if they had been ♦ /'-''"^ ? '"*■ illuminated on purpofe. The Spmuard clearly perceived ^<7? //'/.^^<^ Ilia Advantages, and oiade the utmoft and beft Ufeof /V///''''''^them, by keeping the IVanmdt under bis Guns ; while r^^ a/ /y^^^*f Captain Erskine aded as inconfiftently, as if he had^ ' ' *r^'*~^J^' *^o"^""**^ ^^^ '^® Enemy in all the Operations } for» y* ' I ff ^y negleding to tack (bort, and by his manner of wear- vi^/'X*- '^'"^gj he gave the Enemy the Advantage of beginning ^^* ^ ..the Engagement nearly * Midlhip-Beam and Midihip- //l^ /^^^'-^^'Bcam. But, if CapUin ErsHnt found himfelf thereby ^*af^ ttf^'^^ hardly prefled, and over powered; if he found he could ^a-^t^rr**^, not gain his Bow, by failing a little better, there were ' //r- J 7^? other Methods to be tried, to attempt being extricated ff jj *-^ / ^-/■{xom the Difficulties in which he had entangled himfelf: yt; /.^xa he might have hawled up his Fore-Sail, or lowered ?^r y . A*^^.*// ),js Top-Gallant-Sails ; he might have Ihivered hisTop- ' /-^r Sails, or yawed his Ship, without appearing to quit the Engagement. If the Enemy had changed his Difpofi- tion, or altered his Courfe, Captain Erskine could, and ought to have exerted a ready Manaeuvre ; Jmce his Ship was of a Size eafier to he worked than the Gloriofo ; and nothing could be wanting for that End, but his quick Diicernment, giving Orders in confequence, and j ^is Officers feeing them diligently put in Execution. — f 7 , ' • ;, /^^Soon after Two o'Clock in the Morning, of the lytK ' '" ''*** ^ ^'% /of y«^, the Lark appeared to be fo near up again with u ' (ti'^f J^<"^'^ * ^' the Enemy and Warwick^ that Captain Crook/hanks gave '<*.«• '*/ ''^***^''^. Orders to the Men carefully to examine their Matches, y ti*' ^ '^'^^' ^*^ *° ^® ^^'^y ready ; as he really expe£led to enter. into . ^ ^. ^ the Engagement in ten or fifteen Minutes at moil, and ^*^. // r> was then fure the ^?^«rw/Vi*s Main-Topmaft was gone : : • Both Ships, during-the whole Time they were engaged, ktad their Top-Sails, Top-Gailaut'Sails,. aod Fore-Sails fct, \ V** / But, preferttly after giving thefc DireAtons, he obf«nre4^,jln and foon declared, that he would have the Enemy under his Lee have it in his immediate Power to bear down, and j»r -,*/,%, j^^^^^^^ gage, in Cafe it ihould be found expedient. The Xarj^^^ ' '^ ^^?/t*x ^/,, C%^' ^^ >/<3 t ^4 ] /. f-*» > /.^// //// "' pretation of the Signal, and the R efolutloh to \Jt ** taken, he would bear down, andfpngage the £nemy> *' as long as he was able in his own Perfon, or could *^ find a Man to ftand to a Gun." This fhort Conference between Qz^XAxiiCrookjhanks and his Officers was fcarce ended, when the Montagu Bilan- der came near the Lark \ and Mr. ConoUy^ the Mafter, told Captain Crook/hankTyy*^ that Captain Erjkine had called ^ ** to him, and defired him to follow the Lark^ to let '^.V/'^^ 7t^J,M^^**' Captain Crook/banks know that he was in Diftrefs, that ^/yC{*c*y* f-Z^y ** his Ship was a WrecKj and to requeft that the Lark 7^ a. P >/ «? rj?-»>y' ''Vould come to his immediate Affiftance*" y j^ ^\ /e^'Uf^^c Jf^arwick was then immediately * joined by Cap- /, ^ '*^ ^ '^*''* Crookjhanks, who fcnt his firft Lieutenant, Mr. Cralgy , a// t>t 't j^ ^gg Captain Erjkine^ and enquire into the State of his A y>7 c*/5"»- ? •*" Damages; as alfo to let him know, " if he could foon *' put himfelf in a Poilure of following the Larky and If rf^/A'*/*i//mSt would colle£ltheConvoy,that,CaptainCrw4/2'i?»ij would d] ' ** Hill purfue the £neniy,<|vho was yet in Sight, and confider f f IT!*' „ jj- gjjy Thing could be attempted." Captain Erjkine took a much longer Time than was needful for the Difpatch of his Anfwer, the Purport whereof was, ** that his Ship " was in a dijirejfed Condition \ that he could not follow, ** or take any Charge of the Convoy : That the Lark^ in •' his Opinion^ was no way equal to the Tafk of ert- ** gaging the Enemy fmgly i and defired that Captain *' Crook/hanks would not think of leaving him." As Captain Crookjhanks Was not fully fatisfied about the Diftrefles of Captain Erjkine^ he went on board the War- /- wick himfelf ; I when the Officers, and Men, were all ofF the Deck, and perhaps moll of tb.em aflcep j for. Captain Crookjhanks only faw Mr. Hughes, one of the Lieutenants going Paflenger, recommended to Commo- dore Knowles i and Mr. Hughes was leaning on the Gun on /r■ [ »6 1 Erfktnty who had Tent Mr. CoruUj on Purpofe to acquaint him he vtai in Diftrtfs, . Captain Crook/hanks was then clear, in his own Opi- ^^' nion, that Captain Erskinii Condu£l, in tacking, was ,r^, ynjuftifiable j and, confequently, that he had the Power /bf fufpending him : But Captain Crookjhanh could not i/^ perfuadc himfelf to do any Thing that might carry the , p y . ^caft Appearance of taking an Advantage. This is a "o^/ i^«^/^'^'"-*^*^*]gircumftance neceflary to be mentioned here ; becaufe, ^j^ A**^*'^ *"^ even the Friends of Captain Crook/banks have cenfured ► ^^/^"*'";/'4?^'''^'fin for this Negleft of his own Security. The In- ^m^/a^ff'f /a/^ fcrcnce that his Adverfaries would draw from thence, ■y^,,,'^ /^ /?, * » ? f* y • ** f^rm a regular Complaint againft him as A y ^^ « Captain Crookflxinks certainly might have confined y^i-V/cV*- ,/^> ^**Yt* Captain Ersktne, it would have been treating him with ^ ^ <'*'^v ey**^ //^^" the grcateft Rigour; and there are flrong Precedents >/^ /,>^/«/^«^ /^_* to juftify the Proceeding of Captain Crookjhanki on this , X^ ^-** Occafion : But, as he always exprefTed an Inclination • xA '^ **" J * * / ** '® '^^^^ ^^ whole Affair enquired into by a Court- , ^..rfw >^>«^r '-^ti Martial, it may well be apprehended, that his Lenity 7 /-A. ^' '*-^ Lenity ** towards Captain Erskhuy cannot be conftrued, as ** intended, with any finifterView, of having fuch a *' Tranladion hufhed, or partially repjefented." Notwithftandlng the pretended DiftrefTes, and wrecked Condition, of the Warwick ; Captain Erskine propofed to Captain CrookJJianh " to give him Orders to go to '* England^ as the mofl expeditious Method of repairing ** his Ship : " But, as he advanced very trifling I Reafuns to induce Captain Ci-ookjhanks to take fuch I a Rcfolution, Captain Crook/hanks very foon fini(h> I ed his Converfation with him, by recommending *< Dif- Vpacch in giving the necefTary Orders to fit the ^ *« Ship, [ »7l <* Ship, To as to purfue their Voyage;" and, to that End, he fent him Carpenters, and all other Aillftancs that the Lark could afFord. It was then about ten o'Clock in the Morning : And, about two in the Afternooi., the Lark began to make a moderate Sail, and purfue her Voyage, in Company with the JVarwicky and feven Sail of the Convoy. Captain Crook/hanks^ on the 2ift of July^ wrote the following Orders and Letters to Captain Erskine. « By Captain John Crookjhanksy Commander of his Maje%'s Ship Lark \ YO U are hereby required, and directed, as foon as 1 ihall hoift a Dutch Jack at the Mizen Top Maft- Head, tfrnZ/fr^TwoGuNs, to part Company, and make the beft of your Way to Louijburgh \ taking, under your Care and Prote^on, the Beaufort Store-ihip, and Mon- tagu i as alfo what other Ships are bound to that Port. Upon your Arrival there, you are to put yeurfelf under the Command of Commodore KnewUsy or the com- manding Officer of his Majefty's Ships on that Station ; obferving their Dire^ons for your further Proceedings. But, if you don't meet Commodore KnowUs there, or any fentor Officer to yourfelf or me, you are then to uie fuch Meafures as may be requifite for the moft fpeedy getting his Majefty's Ship, under your Command, ready and fit in all Refpet^s for Sea } waiting my Arrival from Newfoundland^ which will be with the greateil Expe- dition, the Winds, and Servipe I am going on, will permit. Given under my I^and, on board his Majeily's Ship Lm-kf at Sea, this jt^fl Day of July i^ifl* Signed, JOHN CROOKSHANKS. 7f Captain Erfkine, Commander of his Majejiy^s Ship .Warwick." « To ^^p*a ^J' ^^^s/ Z^^"^***^ ^-7//^ /^a/^/^> /^^•^^/St**^ ^ \^ [ 28 1 « To Captain Erskiniy SIR, Larky 2ift J«^ 1747, at Sea, IF you don't meet Commodore Knowles at Louijburghy or any fenior Officer to you or me, by the Time the Wanvick is ready for Sea ; you will inform yourfelf of any apparent Reafon there may be for your cruifmg on that Coaft ; and leave me a Rendezvous, or the befl Information you can, for my ready joining you : And I am to defire you will, by all Opportunities, tranfmit me Accounts of your Progrefs to St. John's Harbour in Newfoundland i and I will fend you mine, if I am ne- ceflTarily detained there longer than I have now Reafon to expe«£l. Signed, I am, ^c. JOHN CROOKSHANKS.** ** To Captain Erskincy S I R, Larkt 2ift July 1747, at Sea. T T P O N your Arrival at Louijburghy you will deliver 1^^ the Packets directed for Conjnodore Knowles, and the feveral others herewith fent you : But, if you ihould not find him there, you will take fuch Methods as you may judge proper for getting them quickeft to his Hand, and the others to their refpedive AddreiTes. Signedi I am, ^c. JOHN CROOKSHANKS." Captain Captam CrookJbanJts alfo fent die follovHng Letter by the ff^arwiH;, and a Duplicate therectf by die AitntagH : <* To Charks KiuwUs, Elq; Ife. SIR, , . Larif 2ift Jufy, at Sea. AS the ff^arwick has fuftauved coofideraUe Damage by an Engagement, I judged it for the Service to give Captain Erskine Orders to make the beft of bis Way to Lmjburgh \ which I hope you will approve. I ihould, at every Event, make Dilpatch to get there, after having complied with my Ordfj:* ^ ja- ilru£lions,' Copies of which I herewith fend you. Ai our Jttttmpt to takf a large Ship of the Enemfs was attmded with Hi Suuefs j / judge it mu/i neceffhritf call for a public Enquiry \ and, therefore, if in Confe- quence of fuch Orders and Inftrudtions, I fbould find myielf obliged to ftay at Newfyundland, I am to hope the Service will permit you tf> fend me Orders, to join you as foon as poJfAk, I am, &r. Signed, J. CROOKSHANKS." Captain Crook/hanks, on the J(Oth of July^ met with a imall VefTel at Sea, bound fpr Lijbon ; and he took that Opportunity of writing the following Letter, which he inclofed open, under Cover to Mraham Cajlresy Efqj his Majeily's Conful at the Court oi Portugal, ** To the Honourable Henry Legge, Efq; SIR, Lark^ at Sea, the 20th of July 1 747^ I HAVE juft Thne to give you an Account, by z. Ship we meet at Sea, of an Engagement with a Spani/b Man of War ; which, by «11 we could judge, wa$ of 74 Quns. As we had the MufiBrtune tojofe •^^ '-J* flk-^ Eleven at Night, I ran a-long-ifide of her, as near as f-yf^A-^ ^yV-^ the Wind would permit j and, in pafling, fired j hop- ^ /'J>J . ing thereby, though not in clofe engaging Diftance, to y^^^ / ^mbarrafs her, and give the ^/7;«;/V/f the furer Chance ^'*2^*-'/^^^fecuring a Station on her LfJ-Quarter i defigningto. /A ff' Wretch a-head, tack, and on gaining the Wind, fecure ft Station on her oppofite Bow *. But the Warwick tacking on her Quarter, and then a fmall Diftance a-ftern of us, I think was the only Means of deftroy- i^^^L /,'^^-'<^'*'ing ray Flan, The Spaniard wore, hawled the Wind ^ Cri^^Aa^y tor a very imall Time, and edged away towards the 2^/ /t^/^ f^cjci « ^'w^j *"^ engaged; by which ihe enlarged her ^ 7 -^_ Diftance from us. We ftood after them immediately : pe^ yJ-r^.yi"/^ ^^^ ^jy having little Wind, and they going nearly be- fore it, we were not able to get up, to fuflain the War- wick^ till we faw them draw off from ea. ' other, and the Warwiek*ti Main-Top-Maft gone. We then ftood. towards the Enemy^ propofing to have engaged her zVer- Day-light: But, on Uie Warwick's lying with her^/A Head from us, and firing a Gun, which I was to con-y& elude a Signal of Di/lrefsy I thought it indif^ienfably '^ my Duty to quit that Defign } making th>* beft of m^^ < Way to her Affiftance, and to coUefl the Convoy. lam, ^c. Signed, J. CROOKSHANKS." From * By this Method, it v ould have been next to impoflible fo- the Enemy to have tffcaped, or to drag the Britijh Ships farther out of their Way : But he muft probably have begun to fight them in the Morning, in the Manner that Captain CrookflnaAs fhould then hanre found it expedient to attacti; ^ir. i^ mmmmmm t Ji ] ^rom this Letter, it plainly appears, that Captaiq Crook/hanks has not varied in his Sent ments, relating to the whole Tranfadion; for the Letter is a concife Defcription of that Affair: And what Captain Croak- jhanks wrote to Mr. Knov.Ui clearly fhews, how deli- cately he adled with Refpefl to Captain Erjkine ; as he was not only unwilling to foreftal any Opinion thae might prejudice or prepoflefs People againft him } but* on the contrary, was determined to leave every 1'hing to a fair, open, and impartial Enquiry. Captain Craok- Jhanks^ on the i-^i, of July^ fent an Officer on board the Jfarwicky with the foregoing Order, Letters, and Packets ; h^' whom Captain Erskitu acknowledged the Receipt thereof; and, at the fame Ti^ne, informed Captain CrookJhankSf ** That the JVarwick was in aU " Re(pe(Sls as cumpleat as (he could be made at Sea, " and believed ju^afiable Manner: But this u certain, that he feparated from Captain Crook/hanks, without waiting for the Signal mentioned in his Order to him ; and that he did not ftay to take on board, the very Gentlemen (o whom he himlelf had offered a PafTage to Louijburgh. His Con- duct, therefore, with Refpefl: to his Separation, feems extremely fufpicious ; as if he intended to take the beft Opportunity he could to clear up his own Character, be- fore it could be impeached by his commanding Officer. Captain Crookjhanks, on the 13th of Auguji, arrived at St, John's Harbour in Newfoundland, where "a found his Majefty's Ship the Panther, commanded Captain Wickham, with whom he immediately conceittu Meafures, in confequence of his Orders and InftnuStions from the Lords Commifliuners of the Admiralty; and was actually preparing to put thofe Meafures in Execu- tion ; when, on the igtli of Augujl^ he received the following Order and Letter tVoin Commodore KmwUs, I '5 T>t • See Page 27. I. 14. I t 33 1 /^A^^t .y^4^f^^mr^ V Y ««By CharUs Knowks, Efq; Commander '^^ ^ Z^" <-7^^ Chief of his Majefty's Ships on the North- {^2^ S^i^ /if ,4t America Station, and Governor of Capt- /> /O,^ /^ Bretm. /^--/f^J^^-* OU are hereby required, and dire£led, to put y. y* ^ yourfelf under my Command ; and obey all fuch ^*^^ ^^ Orders as you fhall, from Time to Time, receive from me ; for which this fhall be your Warrant. Given un- der my Hand, on board his Majefty's Ship Norujichy in Z,0«(/^r^^ Harbour, this 14th Day of Auguji^ 1747* ' Signed, CHARLES KNOWLES. To Captain Crookflianks, of his Majejiy's Ship Lark. d^»^ //^ /i/i ^k I By Command of the Commodore, ROBERT KIRKE. „ jSs^/Cet^ ».'<*^ «« S I R, HAVE received your /^ C^^^i't^^*', Louijburgh, Auguji 15, 1747. v ,z> our Letter, of the aiftof July^ •- " inclofing me a Copy of your Orders from the Lords '■*^'^^'^';f by"^'* of the Admiralty : And, as I have a Complaint againft/^^^^ /^v>^/. you, from Captain Er\kiney of his Majefty's Ship /if^-y, ' 3\ tvick, for not aififting him in an Engagement with a Spanijh Man of War, whereby (he efcaped j you are,- /^7 /V*^y: pair here, and anfwer the fame at a Court-Martial j which I truly Vfijb you may be able to do, y ^' * '^ z,"*^/ r, I am SIR, ^^^U^a.^\,c' ^ Your moft humble Servant, CHARLES KNOWLES. To Captain Crookihanks." P . Captain p mm mmmmmmmmmmmm ^^ /i^tyi-r/^^ ^^^ (^ r* [34] Captain Crookflxmhy in Confequence of thefe Orders^ |>repare(l for his Departure with the utmoft Expedition. ;.<«. **-«^ ^^'^ faile; >€ /p ^fi? t-'^^^^^ Captain Erskine made his Appearance at another ; ^ ' ^ r and Mr. Knowles opened the Converfation, by declar- ^"^*'* j^y «ing, " the high Regard he always had for Captain r/jfV/^ '**• '^^ *'^ Croohjhanh', and that he was the laft Man he ihould /'^^«*"»^^^*^*' ^"'P^ '® ^^ charged with behaving in the Manner ./» ^' \^y^^** that Captain Erskine had exhibited to him.'* Cap- * ' ^ / ^,a^>^tain CrookJ})anks anfwered, ** that he was extremely «*-^.;^^-/^//^« obliged to him for his kind Expreflions : But that he ^,»-y4f^u»«*y thought himfelf fufficiently able to prove very un- %x/J^^»^^ *' warrantable Behaviour againft Captain Erskine', and ; <' that, if the Ship was to be taken, he was confident ** the ill Succefs would appear to be owing to his Mif- f /^-^rt ■ ^i^**^-*' management.'* In the Courfe of their Conference, ».*»i?vvXs* /^f ^'^ Commodore affirmed, with great Warmth, •* that, >r * ** if Af had had the Cotntnand of the Warwick and Lark, . ^ [/> *• he would certainly have taken the Spaniih Ship** To yf2*j A^ V^ j^Miich CaptamCrookJhauis anl'wered, ** that, though he ^^>r^^>«'-'*^'^'/»4i/might readily yield to him in Point of Skill and Judg- ; ^ a ^A ^t^^^' — ** ment, he would venture to fay, of himfelf, that no 1^^^ ^'Aftft^ '^ ** ^*" furpafTed him, in Zeal and Difpofition, for the I y» • * V *>d» Honour and Good of hii: Majefty's Service.** 4^ Commodore Knowles was I'o free as to acquaint Cap- ifn Cmkjhanks, *< that he had already fent his Opinion { /j^t^f/'/ '''^t'^^^oi this TranfaiStion to the Duke of Bedford, and to >/- /^/T? Xi.*^/yr*^Lord AnfoH :" Which was formed upon the Hngle yx' / ,i,^. Authority of the Account brought and given by Mr. • ,r^ Hughes^ \ ^ • ■• /' land cc « «( cc «c Hippniip HMVPVi wmmmm feOrderS) xpeditioiu Louifburgh idiately on i;//5, who ity. The A Officers, tis in his m at one t another ; by declar- r Captain \ he fliould le Manner 1." Cap- extremely lUt that he very un- ikine\ and s confident his Mif. onference, 1, " that, and Lark, hip*' To though he and Judg- If, that no on, for the *> uaint Cap- US Opinion ofd, and to I the Angle en by Mr. HughtSf i 0\ Hughesy who arrived at Louijhurgh, in the Montagu 21'^'^^''^^ ./a^>^ lander y on the 9th of Auguji^ nine Days before the ^•->"^'^/^ -^"^^ Arrival of the Warwick. The Commodore gave fuch /^ af J i" who exprefled himfelf in fuch. a ^1.,^j,jC a^ //^ Manner, as to (hew, " that he was perfe£lly eafy as to <" /Z. « his own Condudi and that it would be a great Sitis- ^'^"7 *''*'*^^ ** failion to him, to have the whole Affair enquired /^ii-/-^^u^^r/\ «* into by a Court-Martial, as foon as might be conve- ^/^. /^ ^V/rz '* nienL"^Commodorei&i9Z(;/?i then told Captain Crofii- ^ ^ fiianhy tfiat '* he Ihould be tried by Commodore £that Opportunity of delivering to the^^^^- X' /L,^ Z' Commodore a Letter of that Day, which he had pre- ^'^ • pared to acknowledge "the Receipt of his Order and ^'"^''^^''''^^ •* Letter qf the 14th and j 5th of Auguji\ and to repre-/J^ ^ ^f // *« fent, that, by his Letter to the Commodore of the y ^j ' « 2lft of >/jr, it might be eafily perceived how tended 'r-^'''''*7''v-'''' «* he was in making the firiKComplaiht j as he thereby//- */rV/ ('■ i*><''f*/ <* endeavoured to avoid all Sufpicioh of the leaft finifter ,^;^%v*X/ / **^greatfyc ^ , Y*^ and urmfdffantam hebaviour. //■A*^^t'^/(f The Commodore read that Letter jBiit ^ id not vouci ^Ca9t^*f~j^f^ /ffi^ ,,.0-t^, //i /i'/^ViS-ei-i*^ fafe to give any Anfwer ; upon which, Captain Croilt- y Jhanks took his Leave, and returned to the Lark. The /.^^ ^/ft«^I*'v^ next Day, Mr. Knewles came on board the Lark, (uf-^'j^rrr^ /./( pended Captain Cm^/w**«vC/*^^*^ the following Letter, which was dated the 4th, -^ b6ing the Day of his Arrival at iMu/burgb, and confe- r4^ >^-g^ ^th one of the Enemy's Ships : I, therefoi^l^ fend you which you have for your Defence^ ''**^y^^6?Etn a fufficient Number of Captains can be affembled ^ <^ /»^ /^^ ^>^ *° compofe a Court-Martial. / Jhall fend you Copies of V •j>r> /a *^/*^^^e feveral Depofitiom when colleifedt =ff^ And am, SIR, 'yf fj t J^ ^^9 Xpur nioft obedient humble Servant, |L^yj:.':kiVwX^;^^^, ROBERT KIRKE. ^ t^>fVj6c%/(. <^^^/»*«/ly- ; Deputy Judge- Advocate, ^ ^y ^ //• rookfhanks." / e*i*- << (but not in point blanic Shot) by the Difcliarge of her ^^ f £ ^yi^^yt^ (' Larboard Broad-ilde ; and received the Enemy's Fire : // %^-^Cl** ** Bttt Ae Warwick, hni^ % judged to be at an improper ' j^/ < . <« DiJIanci^ || Jhe tacked', and in /*» Mnutes, came to ^ • /4^av ^l%i5^ only, affirms it to be between 4 and 500 Yards ; and it is '^ well known, that 440 Yards, or a Quarter of a Mile, is point blank Cannon Shot. 4^' % What Right could Captain Erfiinehxve, to judge for himfelf in fo important a Step ; he being junior Officer, and fubjeft to the Orders of Captain Crookfianks ? U The Lark and Warwick approached the Enemy on the Larboard Tack, Handing to the South Eaftward, wheq /t^^ *' the Warwick tacktdy She then tacked again to thc^ South-Eaftmrd ; by which Means the Enemy met the War-Z/.'^'y-'t ^ ^^** 'w'tckf wlj^Tnen wore. They then joined* and failed, /_ b.ait^-cl engaging^ith their Heads to the Northward. It therefore appears,' that two Tackings, and one Wearing, were per- formed *< in ten Minutes." An Inftance of fuch expedi- tious Working, that the beft manned Ship is incapable of executing. S Could they come to chfe Engagtmettt in tin Minutes, from being at about one Mile Diftance \ In that Cafe, if one Ship had been at an Anchor, the other muft have failed upon « dire£^ *^^m 9 r 1 1 t 38 ] . • % ** That the Lark did not return to the Charge, to <( fupport the Warwick then engaging ; which (he might, *' and was her Duty to have done : But, on the con- ** trary, ihe run from the Enemy, and never returned * ** to tiie Ailiftance of the Warwici, during any part of " the Engagement, which lafted from Eleven at Night, " till Three in the Morning the i6th In/iant; at which ' *>* Time, the Enemy made her Efcape, by the Diftrefs **' of the Warwick in her Sails, Rig^ng, and Mads. " « R. ERSKINE. i ** Dated on board his Majefty's Ship War* ** fvickf in Louijburgh Harbour, Augujl 18, " 1747." « A Copy,* « ROBERT KIRKE.** The Reafon for introducing the above Complaint, in this Place, is chiefly to preferve the Order of Dates, and to ffaew the Time when Captain Crookjhanh was liirnifhed with a Copy of it : Therefore, it is proper only to make feme ihort Notes ; and to refer the Reader, for a more regular Confutation, to what has already advanced, and to what will be diftindly fet forth here- after ; when the Judicial Proceedings are related. However, direft Courfe, at the Rate of fix Miles an Hcni^ dofe her : for it fhould be confidered, that the JVar•'■>' pwiipp m^m ""vtf^^i^^'m'rifn [39I iHowever, it may not be conftrued as Prolixit^y to make this fingle and plain Ol^fervation. The whole Purport and Strefi of the Chaise confifts in a malicious Iniinuation, that Captain Crook/banks was either guilty of CowariSce, or want of Zeal; fince Captain Erjkine ex- preily aflerts, that Captain Crook/hanks, ** run from thi •* Enemy^ and nruer retumtd to his JJft/lance** To this cruel Afperfion, it is only neceflary to inform the Reader, that he will find an unanimous Refohe of the Court-AIartial, by which^ •* they acquit Captain Crook- ** (banks of the Sufpicion of Cowardice, DifaffeSlion, or « want of Zeal:* Captain Crook/hanks, on the 9th of September, the very JDay he received a Copy of the Charge againft him, wrote a Letter to Commodore Knowles ; of which the following is an Extradl: " As Major Lawrence, Captains fFyncb and Cotterell^^^t^^^ a^/ur /C-*^ ** and Mr. Jo^ua Mauger, were Faffengers on Boax^* /ta^faJf^-*//^ ** the Lark, at the Time of engaging a fuppofed Spaniflt^i ^yA-^-^^ /i^*f •* Man of War: And, as I am informed, the Timeof/yV //*^a /^^* *« the Zflri's Stay in this Harbour will be ihort, iten-/^^*)^,^«^<.^«/^ ** gages me to requeft of you, that their Depofitions^^^/^^j,,, ar^* ** may be taken; and that fuch Means may be ufed, as >. ^^a^j^ m " you (hall judge proper to direct, to make them, to ^UrJ*^ /i^/ 'a ** Intents and Purpofes, a Viva Voce Evidence \ as the Na- . yj* , ^ - a *' ture of their Duty, and the neceflary required Service^^ . .1 /y '* of the Ship, may keep us afunder, when thcTriar^' f*^"*^" ^'^ •* comes on. I beg Leave to obferve to you, that thofo^*^<^ ^^ caii^*^/ ** Gentlemen could be but very little interefted, either^^Pc^ )tn^> •* in Point of Honour or Profit, in taking, or not taking,y^ ^^ ^^^^^A a rich Prize ; and the only Connection, and Attacu- y ^ ment, they can have to me, is that which may arify''^^ "^"/X ' from having, in the Duty of a Gentleman, fliewn/$^.*^/^/^c^ A/V " them the few little Civilities in xo-y Power, whilft^/;;,,^/^^^,^^ " they/, ^^,^^y Y>^/ iliiMiili i «c cc « '^*4^, i,^ '/*-> //i. 97- t<'^ V //^■^ /^r— jmmmsrff^""^ mmmmFi'^''^ f 40 ] ** they ftmained on Board die Ship I commanded. *< The Inferences I cgiild draw from this, I do noC ** piefume to trouble you widi : But continue to beg ** that their Dqnifitions may be taken } and that they ** may be queftioned diftin^y, and particularly, with '* Regard to Diftances^ LtngAytudPtriodsafTimei what '* Orders they beard rru givey and what Replies vnert made '* ia me, upon Opiaiens that I aflked/rtm Oncers, either *« feparately, or together'* Captain Crook/hanks obtained no Anfwer i'r*< not furnifli him with any : And, what was ftill a greater dihip, the Depofitions of thofe Gentlemen were not ^^^/«^^-^^ ^^.j?roduccd in Court, as not being Viva Voce Evidence i •y ^r^K^t^*/^^ Captain Cr'^okjhanks was confequently deprived of ^ the Advantage that would naturally refult to his Caufe from thofe Depofitions. However, he afterwards re- ceived the entire Senfe, Meaning, and Purport of them, from the Gentlemen themfelves, duly legalized before Peregrine Hop/on, Efq; Lieutenant-Governor and Com- mandant of Louijburgh, The following Letter clearly fliews how defirous Cap- tain Crookjhanks was to have a dole Examination, at his Trial, of as many Witnefles, from both Ships, as the Service might admit. ** To Charles Knowles, Efq; ^c. * ' ^ Lark, in LouiJhurghKathonr, SIR, lOthof 5^^^»^^, 1747. FINDING Mr. Hugh Hargroves, late Gunner of the Lark, has delivered you a Petition, fetting forth fome Inconveniences tb?.; he fufFers from a Shot- wound "r:5» wound in his Leg or Tiiigh ;. tlierefgre, praying "joyyc/^/^, ^/^^ ^y^-^/^^r^ Leave to quit : And you having been pleafed to appoint^,^^^^^,-']^^'^ ^/\ another in his Room, it Jays me under a Ncceffity of -^ - ' / /y'^/'^t defiring you to ufe your Authority in retaining the faid'^'^^ ' '' ^ /\ Hargroves till my Trial is over; as, from the Nature J^ '^'y/' /\ of his Office, his Evidence muft be material, either ^, /^^■^!^^y ^'^^ •> againft, or for me, as it may happen. ^x^X-:^ .//^^jy I beg Leave to think it of the utmoft Confequence, / that * every Per/on that was in this Ship and the IVar- wici, in the Time of the ASlion^ Jhould be kept together as much as the Service will admit of, till the Trial is ovcrj which is always fubmitted to your Judgment. I am, l^cr nation, at On the nth of September ^ the Canterbury y Captain Hoare^ arrived at Louijlurgh. And, en the 14th, Mr. Knowles hoifted his Broad-Pendant on Board that Ship \jr^f,^^/\ ^vk^/< when, as Captain Hoare had obtained Leave to quit isA/,/ ft^/ ^ f<^^'^'^ return to England^ the Commodore appointed Captain /^«'/>^>W'^a^/^>^J Erjkine to be Captain of the Canterbury under him y'^^^ y^'//^''^'^^ and gave an Order to a Lieutenant to command \^Q.^/if\////j/X\K. Warviick pro Tempore: Which fhould be regarded as zw^Ar^y^'^y-*^^-' extraordinary Step at fuch a JuntSlure) or rather as an' ''^^'' '^•^^'''"^^ Inftance of fuch Partiality as he pyblickiy manifefted, '"•^'^'^'^^''^'''^ ky going on Board the Warwick the next Day, after hcr/^ '"'''Z''*^^ G Arrival /•f y^ . * Captain Crookjhanht upon his Arrival at Louijhurgh, was privately informed, that the Firll Lieutenant and Boatfwain of the tVarwiek had been difcharged, and fent away in the ^/T^.r^.v//^ AorowVA, before he arrived J which he could not confider as'^yz /^^ rf^'/^^- ;»^. a trifling Circiunftance ; becaufe the Evidence of fuch, y^r X^^'^7-y^* Officers might be very material, either to fupport or con- {^r /'i'^ ^ ' -^ ^ demn their Captain's Conduct, if their own was clear. This occafioned the ei^neft Requeft in this Application to the Commodore, that every Perfon belonging to both Ships might be kept together utl> the Trial was ove/. [ 42 ] '^'^ t^^f^^3^rrival at LouiJburgK and thanking t^c Officers and Men r •'^*^^^^ i^*'^"*"' Behaviour in the Aaionj adding, that ^*^T^ /^ -•* W^d not doubt but the Lark's Company would 'A/:t^C.ao^f^A^^^^^^ behaved as wcU, had their Captain led them to fAz-^nr^ /i^>^W*^the Engagement." 9-^^^**^^^ On the loth of Sepiembery Captain Creokjhanks wrote rr^^A- V^^**- ^^^"^^''^^^uve rollowing Letter to Commodore KmwUs : .,^^»^/-^^SIR, -3 f^^rt.4 by being long at Sea, without Intermiffion^ the whole Courfe of the War, with an Ap- pearance of being much longer, I have been a good deal plagued with the Scurvy, keeping it under htterly only by Art and Medicine ; this induces me to the Fa- vour of you, to give me Leave to lie a- , «, while ./'iaaA\//f/*nA^^ Ship remains at Newfoundland, to take the Advantage /^^if'if walking., and fucb Exercife as I can benefit myfelf iy ^ ^ /~^ there : And I hope you will confide in me fo far, as to believe I will do nothing that is indifcreet, if this In- dulgence can be granted me. I (hould do Injury to my X ^ , own Judgment, in thinking Mr. Hughes won't fliew \ ^ Z ^^^ivcry Civility in his Power : But, in fucha Cafe, Cautioik \^/ ^ •<«<»*-* may preclude his Inclination. ^^^/ym.y^^2^i^^^^ I am, 3^." /:»*r t*y^«r / ^f^' ^his Requeft was granted : But it will very fooit ^t^/^i^*^ /^S^ippear, that the moft bafe and cruel Inferences were y'^ t ^^**^ ^«* 'v!;/where fhe found his Majefty's Ship the Norwich^, Captain ji-^ 9't.M^^^*'*fnt., who came laft from Louijburgh. J^tnT^-^M^f U Captain Crookjhanks went a-Shore, in Confeqpence of v^^- /'/y/'J^^ Commodore's Permiffion ; Bus w.a> viry fooo cr«di- i( biy informed, by Perfons of undoubted Veracity, that/TW-^/^-^Xi'/^Ky^ Lieutenant tiuglni had confidently aflerted, *' That the*J^^'SV/"r^f^'*^^^' «* Commodore was fo thoroughly convinced of the bad Be- ^ ^'■y^r^/'^r/vW* " haviour of Captain Crookflianks, that he had granud ^^/ ^*///' A « his Retfuejl of going a-Shore, as the EffeSloj his ^«»»-I^^^''''^y^P^C'^ ** fajdiony to give him an Opportunity of efcaping^ and /ry/^, ,^, ,'j/?///t4i *'■ faving his Life." ,j>f/ryty/t,\/^//r/^* Captain Crookjhamks, on the 29th of Septemher^ failed in the Lark from Newfoundland, and arrived the lotb of October at Bo/ion in New-England, where they joined Mr. Knowles, who bad his Pendant on Board the Can-' terhttry, the JVarwick Captain Jmtes, the Aldborough Cap- tain Darby, :he Jehilles Captain Blyh, the ^owey Captain Taylor, and the Commet - Bomb Captain Leaver. As Captain Crookflianks was conftantly a-Shore at JVeymouth, about fifteen Miles from the City of Bofion, the fame malicious Infinuations prevailed there as at Newfoundland^ relating to his Intention of making his Efcape : And many Cabmnies were thrown out, by Captain Erjkine, and others, to blaft his Character, and prejudice the Minds of People againft him ; the Parti> culars' whereof would be too tedious to enumerate. Lieutenant Cleland, whom Captain Crookjhanks had left at Newfoundland on his firft Arrival there, was at this Tini&at.jS0^0» ; and Captain Crook/hanks wrote the following Letter to the Commodore, defiring that his Depofition might be taken. ence of I credi- ** To Charles Knoivles, Efq; l^c. Lark, in Nantajket Road, Bofion SIR, Harbour, November 26, 1747. AS Lieutenant Wtlliam Clelfnd, of an independant Company at New-Tork, but now in Bofion^ was on board his Majefty's Ship Lark, under my Command, when we began to attack a large Ship of the Enemy's, Q 2 fuppofed ■.'^xi.jji. ■j&^t^ ,/ir /"//'f [ 44 ] Aippofcd a Spaniard: i\nd, as he was on this Ship's Quarter-Deck, moft, if not the whole Time of the IVarwitk's engaging, he muft, I believe, know, and be able to judge, of many Circumftances not the leaft de- pending on Sea Skill. I am, therefore, to defire, (in order that I may be as well enabled as pofEble, not only to defend m) felf from the Charge formally given to you againfl me, but alfo to clear up many Afperfions unge- neroufly caft on me) that you will be pleafed to dire£l the Judge-Advocate to take the Depcfition of Mr. Cleland'i and alfo that he may be examined particularly, and diftin^^.^'<<^"^''' Event fhewed, that, notwtthftanding this Depofition was ^'^''f^^^^^^- TAKEN BY Mr, KIRKE HIMSELF, it Was ^OT ' ^^ ;/ ^^^^^yfi PRODUCED at the Trial, as not being a z/zW z/df^Evi-^^.^l,., ^^^rr ^^^'* dence ; by which Means Captain Crook/hanks was tO'-v^-'''''^.'' v^i'^'^'j tally deprived of the Advantages his Caufe might have/' ^''''''^'^^''^''"'"* gained by this Depofition. ';l C^-C^-, j-^/-^' Such a Proceeding fufficiently demonftrates how igno->j;^>r/ «/v <, v /l^r rant Mr. Kirke w?.a of the Nature of Courts Martial,'">^^''''^''**^^'^'*^'''"^J that the Commodore himfelf was mor.? enlightened} " ^'''' '^'''^'^"•'^' becaufe as he communicated the Letter (ent by Captain Crcokjhanks to his Secretary, the Deputy Judge- Ad vo- vate, it is natural to fuppofe the latter had the fame Complaifance, in fhewing Mr. Knowles what he wrote to Captain Crookjhanh in Anfwer. What ftiil rendered this Difappointment at the Trial, a greater Hardfhip, was, that, Inotwithftanding none of the Depofitions of the Perfons not appearing at the Trial were produced, a very long Depofition of Captain Erjkine was publicly r r^ »/* >^ REAJ) P**^ m I [ 46 J HEAD in Courts though he was not prcsent. It may indeed be faid^ that it could be of no Validity> as not being zviva voce Evidence : But then, to what Pur- pofe was it read, except it was with a Defign to pre- judice the Court and Audience againft Captain Crook- Jhanks? On the 30th of NovemteTf the Canterbury, Warwick, Frjjey, Aldborough, AchiUes, and Lark, failed from Bojlon, and arrived, on the 28th of December, at Barbadoes, where they were joined by the Mary Galley, Captain Swantm, the PortmahoHf and Porcupine Sloop of War. They were informed that Commodore Legge was dead ; by which the Squadron, late unuer his Command off Martinico, devolved to Captain Potock', and, on the 3d of January 1748, Mr, Knowles, in the Canterbury, with all the Ships above mentioned, failed from' Barba- does. The next Day, at five in the Afternoon, they got near in off Fort-Royal, on the Ifland of Alartinico : And, on the 6th, at four in the Afternoon, being then in light of the Ifland, they were joined by Mr. Pocock's Squadron, whicl) confifted of the following Ships. The Captain, The Dragon, The Sunderland, The Sutherland, The Dreadnought, And Ludlow-Cajile, Captain Pocock, Capt. Frankland, Capt. Cornwall, Capt. Pallifer, Capt. Broderick, • Capt. Piggot. Thefe 'joined ithem on January I the 7th. Captain Crookjhanks was ftill on board the Lark j and, in their PaiTage from Barbadoes to Martinico, confidered that they would foon have more than a fufficient Num- ber of Captains to form a Court-Martial : But he ob- ferved, that no Difpofitions were made towards bringing on the Trial, nor any Intimation given him relating thereto i though they had been four Weeks in their PafliigQ .. «( ->^ C 47 ] I, Paflagc from Bojlon to Barbadoes, and nothing had OC"' curred that might hinder the taking of Depofitions. He therefore thought it expedient to exprefs his Defire to have fuch a Court convened as foon as ^oflible; and, for that Purpofe, on the 3d of January, he ivrote a Letter to Robert Kirh, Efq; Deputy Judge- Advocate, who was on board the Canterbury j the material Para- graphs of which were as follow. *' By your Letter, of the 4th of September laft, ac- ^^y^'^,,^ ^>^^^ v •* companying an attefted Copy of Captain Erjkine*&^;^^^^.^^jcr4f^^ajt^ " Charge againftme, you acquainted me that you would f^^^i/.t.^i^-'* ^ *< fend me Copies of the feveral Depofuions when col- J^^ . ^.yjyy/Z/ r>^*- •• ledted. I fhould imagine Captain ^i^/ft^ would Tiot-^i^>/'f^^/A^'^ ** fo long havd negleded himfelf, as not to have applied /t.-f^f'^'^^ '^f^ "to you in Form* Four Morubs are now elapfed, f/^' ''^ >^^' '■t'^/' if.. " fince I found myfelf in no very pleafing Situation. ^^,y, /j- ^ I Jhall be glad to fee the Signal made to call me before ^'"'^^'''!/^ "*'*' **'Jufiice: Therefore, I certainly Ihal' ot offer at any *' Thing, that can be conftrued to fucw a Defire of " lofing or delaying Time. *' I greatly hope, and am well inclined to bcUcve, ♦' the Witnefles for the Accufer will declare the Trutl», •* the whole Truth, and nothing but the Truth, to the '* heft of their Knowledge and Skill. But, fuppofe it ** only poflible, weakly to tempt one, or more, into *' fuch a wicked Snare as * Perjury % I hope the accufed. "is ! * Mr. CrMgt the firft Lieutenant of the Lark, had /hewn, t(> feveral People belonging to this Ship, a Copy of the Depontion which he made at Barbadoit on board the Canter' bury ; which Capi^in Crook/hanks could not help confidering, as a Step that might tend to influence thofe who were to give in their Depofttions : It was therefore natural to fuf- pe£l. that his Adverfaries would make Ufe of all Means to gain ti.w'tr End) and the Sequel will fufficiently ihew that thefe Apprehenfions were aot ill founded. [ 48 ) ** is not to be left unguarded^ and unprepared with <* Means, to point it out to the Court inftantly.'* The next Day, he received the following Anfwer. ** To Captain Crook/hanks. I ^^<^*^-^ Canterhuryy off Martimque, SIR, January ^^ '747*8. 'Received your Favour of the 3d Inftant, wherein you defire #)pies of the feveral Affidavits taken agreeable to my Letter of the 4th of September laft; which I then intended to have complied with, by way of Compliment to you : But, upon my acquainting the Commodore with my Intentions, (if agreeable to him) he FORBAD MY DOING IT J as you'll fee, by the Aft /f of Parliament, and that Part of the printed Inftrudions /^*^/^ ^^«^ which relates to Courts Martial, the Charge I then fcnt /it/j^^o^*^ you was fufficient. %y^^A^ ^^^^' "As to the Accufed being left unguarded, and unpre- y/* ^t^^/^ pared, in the Day of Juftice, I hope that will not be j^ ' ^^^your Cafe : But was it fo, / cannot find I am to be your // ^ * Advocate j but dare believe. Innocence and Bravery are the beft Supports at thofe Times } both which, I hope, you nay make appear j as nothing could be a greater I >v^/^ Sat^if action to^ SIR, Youi moft humble Servant, ROBERT KIRKE.' Captain rmm mm with I i 49 1 Captain Crook/hanks, upon the Receipt of this Let* ter, immediately feat the following Anfwer. « To Robert Kirie, Efqi SIR, Larky January 4., 1747-8, THE printed InftruiStions are now before me. Thd A«Sl of Parliament I have read : But, as it is a confiderable Time ago, my Memory may have failed me; and, as I am not now poOefled of it, I beg you will lend it me a few Hours only, in order that I may make an Application to the Commodore. I thank you for your very genteel Expreflions. Fear is an Impulfe I am not fubjedl to be attacked with j and Innocence gives me very comfortable Hopes. I am, ^c» J. CROOKSHANKS." Mr. Kirke was fo obliging as to fend Captain Crook* /hanks the A^ of Parliament, with a Letter in the fol- lowing Words. ** Canterbury, off Martiniqutf SIR, January^, 174758. AGREEABLE to your Defire, I fend you in- dofed, the hdt of Parliament j which hope you will be pleafed to return me as foon as convenient. / Jhall always be ready to render you any Services that are confiftent with the Oflice I have the Honour to fill : And am, SIR, Your moft humble Servant, ROBERT KIRKE. 7» Captain Johfl Crookihanks." H A% t 50 ] As fopn as Capt^ Croo^nks received the kGi of Variiament from Mr. Kirke^^ he began to examine it, and the printed Infbudtons relating to Courts Martial, with great Attention, th«^t he nvight frame an Applica* f ion to Mr. Knowles ; for which Purpofe, he had defired Mr, Touti^, the tl^ird Li^i^tenant, to give him h^ Affift- aace. When l\e was thus 9pgage4, Mi:. Hughes, en- tered the Ca^n; which proyeq an In^eri^up^c^. j and P^ptain Cxookjhanks very civilly defired, ", he ovgh^ leave '* him fjpr ah9ut h^f an Hour, as lie was buiy in an *' Afi^ir *of fome Confequence; relative to his Tr^^." But Mr. Hughes anfwered, in a very abrupt and rude Manner, ** That he had Orders^ from the Commodore^ ** to PREVENT his having any private Difiourft *• with the Officers" This is a Gircumftance ^at ,? wUl either tend to (hew the Partiality of Commo- ur /<< vV'-'*/^/-^'*"aor^ jr«ow/« J or that the Ul^e ^^l^i^h Captain Crook' ^ /^,^ ^At/yfianks met with from Mr. Hughes, was very unwarrant- . ^^ able and impertinent. However, this Incident, and the general Behaviour of Mr. Hughes, obliged Captain f'^^ ' Crook/hanks, at laft, to treat him in the Manner he der ferved j and Captain Crook/hanks even threatened to fend u Complaint to the Commodore, concerning what he i^d, a4vajnced in hi^ ^^anifi; adding, " that he hoped '^ be wa^ not capabji^ of giving fuch an inconfifteitf and " unpfec^^nted Qljdei;." Th;s i^^m^\^^\Bxvcf^.Huj^es, a^d drew- %b, paltry Excufes, frQi^ hiii;, ^, <|9n%m^d Captain Crookjhan^s, ii>. ^ OfiJmgn.. tlj^h^hafii wJi/- crceUy H(M(d an Qr,der, t^hat; cj^en, \^ bjimlj^lf yiWfS afli^n^ed, tp be the Infif utf^^iit; gf ii^ £xi^i^iQ|i. P^'^id-i.1/ /f^'«^'*'"'^t'may eafily be conceived, by Mr. /C/V^/s firft Letter ^^^ /t^At^^^r of the 4th of January, that ^iJiii.^va, Crookjhanks was to- ]y/^^,^i/ra^,A'V''' I am, SIR, Your mod tumble Servant^- EDWARD HUGriES. tmi. Vx'^'i'l r> c^it Thiil Ndicd of Trial, Ottght regulafly to have beert ,y^r'/v'»A»f^^ gltfen by the Jttdge- Advocate, or by any other Perron,c>^'^^/'/-«t>^ ^^ ^^' father thart the prof terttpOre Cottmander of the £ , H 2 which t^**- [pi '1 ^ >»' [ 50 which the Commodore leplied, *< that the Judge Advo. <' cate fhould go on board the Lark to take them ; and *^ that the Trial might begin on Saturday Morning.** But, after fome Confideration, the Commodore faid, ** that, as Sunday intervened, it was better not to begin ** till Monday :" And to this, out of Decency, Captain Crook/hanks made no Reply ; though he was fatisfied the Trial might have been brought qn, even on Friday ; and though the leaft Delay was very difagreeable and vexa^ tious to him, in his hard Circumftances. As the Trial was foon to come on. Captain Cnook- Jhanks wrote the following Letter to the Judge- Advocate, to acquaint Captain Erskine^ by his Means, that he ex- pe£l;ed he would be ready to produce his original Orders, Signals, and Letters. I <« To Robert Kirke, Efq; S I R, Larky January 7, 1747-8^ AM to beg the Favour you will write to Captain Erjkincy that he may be prepared to produce all my original Orders, Signals, InftrutSlidns, and public Let- ters direded to him, between the nth of yune, and ?ift of July 1747 J as likewife the IVarwick's general Mufter-Book ; with the original, or his counterpart, of the Gunner's Expence for ^e Month of July, I am uninformed whether Captain Erjkirie may have required the Perfons undermentioned to appear as Evi- dences, in fupport of his Charge againft me : But, if he has not, I defure you would fummon. Lieutenant Harris j the Boatfwain of the ff^arwici, (whofe Name I don't know J ) Mx* JVebJlery and Mr. 5flM>fj, Petty- Officers J and Mr, Otway, Captain's Clerk, to attend piy Trial. J am, ^c, J. CROOKSHANKS." On 1 14 [53 ] On Thurfiay and Friday^ the 7th and 8th of January^ Mr. ISirke came on board the Lark, to take Depofitions ; in which he employed his own Clerk, Captain Crook- Jhanki*s Clerk, and a Marine. Thefe Depofitions lay open to public View ; and were taken in the Hearing of thofe who had not yet depofed. Several of the WitncfTes did then aver, and have iince confirmed it, that the Judge- Advocate rejected great Part of what they had drawn up ; faying, ** // was Nonfenfe^ ** or foreign to the Purpofe." In this brow-beating Stile he exprefled himfelf to Mr. Crifpo, the fecond Lieu- tenant, to Captain Crook/hanks'' s Clerk, and others : And a Depofition wrote by Lieutenant Calhoune of Marines was entirely ryeSled, /; M.-,//* Mr. Kirke fo far forgot the Dignity of the Office he ^-"^ ' ^*^" had the Honour to fill, that he condefcended to be ex- /^ ^z^^| «* three whereof he already had." After furnifhing the>!^ ^j^^'v^ Company with this Hint, the Judge-Advocate gave bis^v:^^->>j Sentiments upon it, ** that he could not perceive, by^ • ^ ** what he had yet found in the Depofitions, how Cap- . ** tain Erjkine was to prove the Charge j but, if he ^^ ' « could prove it, he was fiire that all he had been about ** on board the Lark was Labour lofl." Though this open Declaration has the Appearance of being much in the Favour of Captain Crookjhanks, it was not to the honour of a Jud^e-AdvoQate, confidering him in his judicial Capacity, On [ 54 J On Monday Morning* the nth of Jankiarfy being the Time appointed for the Commeheirfient 6f th6 ^Hat, Captain Cdodkjhdfih was feady, and anxious, to appear l>efori the Court- Martial : But, contrary to his txpe^- flon, no Notice was fent him; nOr did he hear any Thing relating thereto till the Evening, when the Signal was made for all Captains to meet on Board Mr. Poeoci's Ship, the Captain. When they were ailembled. Captain Creok/hanis was fcnt for ; and Commodore Knowles ac- quainted him, " That he could not be tried till he « Came to Jamaica \ fmct the Judge-Advocate had been '* the whole Day bufy on Board the Warwick^ and had «« not yet finiflied." The Shock which Captain Crdokfliariks felt by thi^ DUappointment Was eafily perceived by Captain Potttky and (bme other Gentlemen of the Squadron } who very humanely Endeavoured to reconcile it, " alledgirtg, the ** Situation of Martinko^ wher6 there was a lar^ <* Fleet, which the Leeward - IJIand Squadron otight '' very iharply to look after ; and that the Commodore <' had urged to them the Necefflty of feparating to prtf- «« ceed to JemaUa^ where, in all Probability, thfcy woiitd *• foon arrive." It is certain, that the cruifing clofe off Martinlco was a necefiary and important Service, which ought to be regarded by Captain Pocock, with the Squadron under his Command : But this could be no Secret to Commodore Knowles from the 6th of Januajy being the Day he joined Mr. Pocock : And, as they did not part Comparty till the nth in the Evening, they were confequently five complete Days together, which might have beftn mofe than fufficient for the Trials of Captain Crookjhanks and Captain Erkine : But, if the following Circumftancds are duly confidcred, the Difappointment that Captain Crookjhanks met with, will appear ftill more vexatious. During Ij ya^ce^'^ /'/u^ 1^ foJ ''J*y« '*<9^« v/ /fre^je- /^3ff*€-^:^/ /e^*^*^fif ^ /Uz-y^t'/^ ,/". ^/la^/r^^ I 55 ] H-^. *c^ t-V/^- /. Omfing the whole Time thj^t the two Squadrqiit wecc* y? geth^fi, they coijftantly drpve to Leeward, lying by, or ^^'*^*^ ^^^^ together plying Mnd^r a very flaQk S^^l ; by which they loft Ii^arUm<.!iy a(i4 gpt clofe off the Iflandof Afimtftru^y where they came to Anchor on the i^thTT^rhf; Reafons the Qonunodore might have for thus driving to Lee- w if^ / tT3.,9~ y i^M-A Opinion,^ tjiat ^he Comnaodore intended CapSwn Qrtok- ^^^ ^""/t^/ Jhanki flipi^d be tried by Mr. PocQchi which h^ after- •*"'''^*'*^^»*'^< Wiards coe<»:»»_i to fen|d C^ptaLn Crookflxmhy and repeated it to him ©■T^'^'y ^^^j^j Bpafd tlpi^ CtPttgrhry, before all the Ca{>tains, whom he had a^mble4 for tha,t very Pwrpofe; though he then iiu,i|b h^ve knQWQs that driving to. Leewsani was in- t^Qffipal^hle with keeping Compai^y wi^ Mr. FacocK tiojvt^^y^r, t^& Cole- Reafon that Me. Knowle$ aJiedged, to (Paptaii^ QrookJImt^Sy for f»Mttii>g qS \ifi Trial was, that iha jHdie-r4dv(^atf had been, the whole £>ay huff on Board the 'ii\ 7.tyi\c}t. and had not yet imyhed. But what ReaTon y' yj^ C^ bie affignisa for the Jjudgc-Aovocate s deferring to^^ ^ tain Crookjhanhi after four Months Imprifonmenty fliouldf^") /Cyj/W^^X be obliged to follicit and requeft to be. tried^ and then ^t^t^.^t u^7tr» Duty it \fas to have brought on the Trial as foon za/ poifible. _-X.-— y As to the Want of Depofitlons, that might have been /V^^'-^ ■ prevented; fince they might have been taken on the* Arriv*! f-ey/i-^ti^h /^ «^Wj ^v/-*^ ^*^^ i^l^ c. kif- /^i CL ,Xa.A ^^'^^f^ ^^/^«^Anival of Captain Croohjbtmkiy at Louijburgh^ in the ^^a^n ^^y^^Z^^'^Z ®^ September', which would have been the r-^^ /^^fX/vxrt^Cj^'o^ proper Time, as the Faib were then recent, and ct^iT^t^ ^ minute Circumftances might be better recoUedled ; but j^ '])';^^.-^at feafonable Opportunity was totally neglected : And, ^ py y f^Jte^ what is ftill mor e furprizing, the fame Inactivity pre- "^ ^ ' vailed dui'ingi Ninety - three Days that the Canterbwjf were conftantly in Company, from on the loth ofOdiober, to their — ' ///' Separating from Mr. Pff«r«fi on the nth oi 'Januaiy ^ \^a^'^^^y'^^ ^f^'^io^^ nothing occurred that could be an Impediment to the taking of Depofitions. Notwithftanding the Pains that Captain Crookjhanks took to procure a fpeedy Trial, and the Difappointment he met with ^ fuch was the Malice of his Adverfarics, that, foon after their Arrival at St. Chrt/lopher's, on the 14th of J.anuaryy a ftrong Report was fpread, that h • , had made an Application to the Commodore, for ^. >ft^ poning his Trial. Upon this. Captain Crookjhanks wrote a Letter to Commodore Knowles, fignifying, *' that he^ " the Commodore, could not but be fenfible the real Fadt ** was quite the Reverfe.^i^o which the Captain received u ' ,:^,' // ^° Anfwer i though common Civility, or the leaft Re- jFft^// '. y ^"^"'"^"^zxA to Truth, might have induced the Commodore to ■/! ^ArV yi^^ff'^-^ r^urnifh him with the Means of confuting, and filencing, /A/. ^ir^!^^'^'^^^\x'i:^i a vile and fcandalous Afperfion. fi:V'^//i ^/.«3*^^The Squadron failed from St. Chryiopher\ on the '/ ^^7* ,r , ^'^^ ^ ^r. Cr<7/V, the firft Lieutenant of the L^r-f, wat •aA^J^'^*'^'^ A^^ fent for on Doard the Canterburyy previous to the Trial, \/ ^aaA'»^ and was acquainted, *' that his Depofition was miflaid, 'r ^'^^■^^* ifi^ ** or loft J and that he muft make another.** This r*i "^ /r^, ^*^/V Proceeding Teems extremely fufpicious ; fince Mr, Kirki **>» Af yy^ ,»^3S!f"°^^'^''8^^ *° Captain Crookjhanks, off MartinicOf t^t- /^ r^ /^ . " that he had the Depofition in Queftion :" And he r/xf€<^ then compared bis Lift of the Deponents Names, with f/W^.,^,,,j, the Lift of Captain Crooklhanki^ when they agreed) and ^^,,/i_ the Name of Mr. Craig was in both Lifts. ,,»^^^st^ /^//^ Captain Crookjhanks, on the Day before the Trial, /^i A^u //f^} ,^^ informed, by Mr. Hughes, *' That Captain Erjkine ^ • ^ /^Miad diflocated his Arm :" Upon which Captain Crook' ' ^ jhanh faid, ** that he was forry any perfonal Hurt had ,j^9 .^^;»,..> >/v-^i_y«t happened to him j and that he feared it might retard •' his Trial, as he might not be able to be prefent, and ** crofs examined." To this, Mr. Hughei affured Cap- tain Crookjhanksy " he might be very eafy j for the Ad ,9~i^^?/>i'^)^^u^ *' miral, on Account of that Accident, intended to order t£f^^t^^frt/^A /^2f*' t^c Court-Martial to lit on board the Canterbury, in- ,/ 5* ftead of the Cornwall I (o that Captain Er/kine wo\i\d ^ \i^ prefent, and might be exammed." But no fuch u//atftc^ J- Qy.^1,^ ^^j given: /ind, when the Trial came on, Cap- jM"- , ^t/ r/ A^*-^Ya.m Crookflxinks was deprived dF the Right of confront- ^ tr*^^ /fT*'^*^A/> ing his Accufer. He might then, indeed, have offered /a /« 7»^/^«* this Confideration to the Court, as a Plea for deiiring ^y- ^/e/Ac^ *^^' ^^^ Trial might be put off, till Captain Erskine }kf ^ -^ , ' could apneur : But he waved it; as he was well con- V' z' u^ *" vlnced, that fuch a Step would be conftrued, by his Ad- -y^ /'^■^ /i^y^/ verfaries, as a mere Pretext for dtlaying the Trial. yj/ J* /> ,, On Afaw^;' Morning, the i A of February, before the Opening of the Court, Captain Crooijhanks font a Mef- , *■/'. Yfage to the Admiral, by Mr. Parker, Surgeon on board /%*^A-^M .f-^i)[iQ Lark, to acquaint him, ** that, as hi§ Clerk was to . ** be an Evidence upon the TrUl, heihould bt thereby . .^Ae7^-r.,./^^, deprived of his Alliftance in taking down the Mi- t/ A/r<*^- tia/1'' t't^'^^'1'^/i^te 0irt.rft^a6^' -^A* cW//"' /<^^^*/, x/Yi,^ . t^ ^'^ ^.?^'*. ^/^*,.' I 59 3 ** nutes; and, therefore, defired the Favour that h(4 ^.y^-' o^^ j^ *« might permit Mr. GadfJerij Purfer of the AldbonUrb^ '^/^ V^ ' «* to write for him, who had offered him his Service.** '^'^ ^^rs^^^f^^' This Requefl met with fuch a Reception that it pre- vented Mr. Gadfden from aflifting Captain Crookjhanks in the leaft: For the Behaviour, and warm Expreflions^ of the Admiral, on that Occafion, were fuiHcient to deter any Perfon, under his Command, from render- ing any good Office to Captain CrookJ})anks.'^ About Ten o'Clock, the Signal was made, on board the Cornwall^ for affembling the Court-Martial ; which was compofed of the following * Captains : > <^ Y/^^ ,^^ DIGBT DENT, Efqj President. ^..^ •^r.-.y^c- Capt. Samuel Graves, -;./^y^/ ,/. ■ Or- dipt. Thomas Andrews, //^ J^ ^ ■y Captain fames Rentene, Capt. Charles Holmes, Capt. Policarpus Taylor, Capt. Richard Ohadwkk, Capt. Edward C/arh, ^^ A^^Cft^z^ •c The Court being convened, the Admiral's Order for. holding the Court-Martial was read ; and then followed Captain ErJJiine'% Complaint againft Captain Crookjlyanks., as in Page j6 to 38. • Captain Clmr/es Panviet, of the JBidJefir J Man of War, y- yy / //'.; was at the Court-Martial the Firft Day ; but did not return i ^ ', '^ "^ y y/ being fent out by the Admiral on a Cruife. / r^-^a^^-yr^ ^/ / '" Captain Thomat Imes, of the IVarivick, was fent to Rock^ c Z./^*^// y.r//'y Fort, about two Miles from Port Royal, to water, and refit his Ship, and did not appear at the Com t Martial, though within View of the Signal. It is pofliblc, that the Orders he hnd received from the Admiral, and the Service he was upon, might require his conftant Attendance at the iship ; But, if Captain Lutes had allcJgcd the Dillance of Place, as a Reafon for no; coming to tlie Court-Martial, itwculd be fuch an Ejccufc, .if neither Mr. AwJtj, or any other ■T. < ^. "IP HP ^mmmm I 60 3 The firft extraordinary Step," taken by the Judg<- Advocate, to confirm the Charge, was to produce two Letters } one from the Reverend Mr. FratueSy Chaplain of ^tfVarwick't and the other from the Reverend Mr. Hooper^ Minifler of Trinity Church in Befierij who went Paflen- ger on board that Ship. Thofe Letters, though they could be of no Validity with regard to Evidence, were publicly read in Court ; which was fuch an extrajudicial Proceeding as may have no Precedent in Cafes of this Nature. Tho(e reverend Gentlemen had retired, during the Time of A'*'^ to refer to the Charge which Captain Enkine exhibited^''' •^'^'''^'(-^'^,^ againft Captain Crookjhatth : And, that the Weight of ^<^v/V//<^^^^ the Evidence may be the more eafily conceived, it vi~//^^^yrr ^. to Mr. Macey, " Acquaint the Court, if my <* Orders to you, before we fired, were not to take <* particular Care to cond the Ship well, and ieep her cloft- ** by the Wind, with a full Sail-, in Order to get up *' with the Enemy, as foon as poffible ?" A. ** Tes; and (he was kept full and by, and, when, ** we were a long- fide the Enemy, Beam and Beam, yoa <( gave Orders to keep the Ship as much Jhivering in the •* Wind as poffible, without the Rifque of Staying her" ^ ** Do you remember any Shot going through the ** Mizen, in the fecond Cloth from the Maft V* A, " Yes } and the Height of that Shot-HoU was about ** tight Ftet from tht ^arter-Deci" Mr. [6* J ^Hr. Matthew iJf*M7/oM, Carpenter of the Lark, depofed 1 ** That when the Lark frji fired at the Enemjy the ^* Di/tance was about 'Three ok. Fouk HUNDREb <* Yards; and the Lark's Sails received soms *«' Damage." lilt. Geoti&i i Midfbipiiian of tUeZv}r>, depofed t <* That he was quartered at the' Bfaees; atid HEARb ** Shot whistle over his Hea)&, and pas* " THROtJGH THE RIGGING SEVERAL TiMES. The ** Lark was brought up as near the Enemy, as the Circum" "Junces 9/ Wind and Weather would pemut'" Mr. Royci, Midfhiphiati of th6 Lafi", depofed : ** That at doming tip with the Enemy, he was on the ^^ Quarter>Deck, and heard Captain Crookjhanh give re- *^ peated Orders to keep the Shipaa clofe to the Wind sU ** poffiblej and^e WAS so kept." Mr. Hargrove, Gunner of the LarJl, depofed i *' That three Broad-Sides, bating one Gun^ of the " Lower-Deck Guns were fired. Fifteen Breechingsi ^< of the Lower-Deck Guns broke, and one of the ** Upper-Deck, which were foon fupplied by others. ^' Mr. Crifpe, the fecond Lieutenant, was ordered to <* load all the Lower-t^ck Guns with grape and round ** Shot, and^ likewife, to ceafe firing when the Guns would •* not bear from the Lower-Deck. I am certain we were *• NIGH enough to RECEIVE GRAPE SriOT from ^* the Enemy't being three HundrJ^d and FORTYi ^< ok THRfeE HUNDRED AND FIFTY YaRDS di^ani ^^ from the Enemy *^ Mr. John Bifakir, Midfllipitiari of the Lark, depofed : **^ I was quartered at the aftermoft Gun at the Quar- ** ter-Deck) and was reprimanded by Captain Croekjhanks K *' for [66 1 *< for firing a Gun aftter he had told me it would not <* bear. One Shot from the Enemy went through *' THE MizEN of the Lark.'* Mr. John Trebfyf Quarter^Mafter of the Laykf who did adually cond the Ship when engaged, dej^ed : " A litde before the Lari came up with the Enemy, « I heaid Captain Croekjbanks frequently call Luff", and '* he oruered me to hep the Ship as clofe to the IVini as ** Jbe would Ue i in Confequence whereof, fiie was kept <* as tlofe to the Wind as pojftbles without the Danger of *' ftaying, or going about." ^ to Mr. James Screetch^ Midfhipihan of the Lark i ** Did you obferve, when the Lark and Enemy were ** firing at each other, that any of the Enemy's Shot *^fell near the Lark^ and what kind of Shot it was ?'* JI, '* Yts i both round ^nA grape Shot i and so near «« that they teat the Water againft the Ship's Side.** Stephen Calway, Gunner's-Mate of the Lark, depofed i ** A grape Shot, as I take it, Jiruck below the Port of ** the fifth Gun on the Main-Dsck, where I was quar- "teredf and / heard several great Shot go " OVER the lark:* John Hartjhorn^ of th£ Lark^ depofed : " A Bag of grape Shotf as I judge, fell fi nigh the ** Larkf as to fplafl) the Water in at the Port, where 1 << was quartered; and several great Shot flew *' over us.'* Abraham Nichols^ of the Lark^ depofed : <* Captain Crookjhanks defired the Quartet-Mafter that ^'^ cond, to keep the Ship as mgh the Wtndasjhe could lie, ** fo as not to ftay her." John «« « «( C«7l 'John Crojly, of the Larky depoTed : <• Whnt xue came a-Breast of the Enemyt Captain <( Crook/banks ordered thofe quartered forward to fire the ** Guns Jkwly and deliberatefy, into the Enemy ; and, ** after the firftBroad-Side,ywim// a QyAR" ** TEji ^ a Mile Oiftance." Mr. Young, third Lieutep^t of the Lark^ depofed : ** The Warwick tacked, juft as the Lark began to " FIRE." Mr. Macey^ Mailer of the LmtI, depofed : 'M faw the Warwick, and heard her Guns, when flic V Tuft fired j at '^hich Time WE wer* engacbo/ , M Mb Ce?] from >ur firft. Ted: i ■ IN TO leiilhs I* Mc Mr. £^, Boatfwain of the Lari^ depofed : f* fFh^ the Lark was engaging the Emr/y, Beam ?f and Beam; I fmu the Warwick tacking, 0t a V MU Diftan^ arStiTH tf tbi Lark : 1/ tkt Warwick f* HAD NOT TACKEPj fife COuldboiM PASSED NIAB.9K •* by the Enemyy in Order to ftretch a-head tf her, tbtm ff the Lark did. The Lark made no Signal, eu a J3ir«* \* tion for the Warwick to tack.** Mr. Georges, of the Lar^i dspoTed; ^* Jt the Time the Lark and Eneny were firing at each. ^* either, I looked over the Gm-PTale, and faw the Wajr- 1* wick in Stays, at about a Mile and Half, tr ^* TWO Miles Distance, andabotft a Point ufwtbc ** Larboard-Quarter of the Lark." C H A R G ]^ IV. 1« That the Lark run from the Eneipy, and ** never returned to the AJJifiance gf the Wianmek,** P R o o F ^. Mr. HKghei, of the Warwick, pro tempoi^e Cofnmandcr 9f the Lark^ depgt&d ; *« The Lark could have ajfijiei the Warwick, by tack-r or moft, of the Breechingfc of the *< Lower-Deck Guns broke in firing ?" A. ** Yes; fome of them on the Larboard-Side were ** twice broie," ^ ** How long, after we ceafed firing, was it that (« you came up to the Quarter-Deck, to report to me» <* tliat the Breechings were refitted, and fit for Adtiod " again ?" A, " About three Quarters of an Hour.** Q. ** Whether or no, the Ship was tacked, BEFORE ** you reported to me^ that the Breechings were faced?** A. " Yes j she was." Mr. Tomg^ third Lieutenant of the Lark, depofed : / yC v^ <( ** I faw the Warwick when (he firft fired : She tacked ** juft as we began to fire ; and the Lark ftood on three *< Quarters of an Hour to the Southward. Had the ** Lark tacked, upon hearing thofe firft Guns from the ** Warwick, we fhould have joined the Warwick and Enemy fooner : But we continued ftanding on, about « Half a ^rter of an Hour after." ^. ** Does it appear to you, that the beft Endea- <( voUrs were ufed, after you had tacked, to come up " with, and fuccour the Warwick ?*' f A. ** The Enemy bore away^ fat or feven Minutes before J^ ** we tacked. When we had tacked, the Warwick and ^^^*i *i-*- " Enemy were on our Larboard-Bow ; and, as foon as " the Sails were trimmed, w« bore away dire£My, keep- «in^ ^ to mn" [ 72 i ^ ing die Enemy and Warwick about a Point lipoh dil *• Lee-Bovr. We had Fore-Sail^ Top-Sails, and Top- ** Gallant-Sails fet: Soon afte)- fet Main-Sail : The ** Fore-Top-Maft Studding-Sail-Boom Was rigged out^ ** and hoifted up with a Turn. I was ordered to lower •* it upon the Yard, and take out the Turn. When *' that was done^ I was called to^ to let alone hoifUng ** it again^ and to rigg in the Boom : The Enemy was ** then at the Diftance of aboitt three or four Miles." Queftions from Captain Crookflninks, ^ to Mr. Toung. ** How mUch Jongei^ or further^ *' do you apprehend, we ftdod pafti and by, the Ene- ** my, to the Southward, than was neceirary to fetch ** up to herj refpe^ling her Pofition of Sailing when «« we pafled her ?*' A. ** / thinkf Due Jl9o'd ifui «* Sail. The Top-Mail Stay-Sail was fet ; and, when •* we bore away, the Weather-Clew-Garnet of the ** Main-Sail was hauled up. The Enemy and JFarwtck ** fleered then the fame Courfe that we did. JVe made ** no Alteration in fail, till the Warwick bore away from ** the Enemy. After the Warwick had ceafed firings we, ** contitiucd fleering for the Emmy aboUi half an Hour^ or ** thrive ^tarters." Queflions from Captain Crookjhanks, ^ to Mr. Maity. " After v/e had pafled by thtf ** Enemy,. fliU keeping clofe by the AVind, did not you, ** or fomebody, acquaint me that th« Enemy had « wore ?" A. " Yes i I myfelf did ; and it was then your O//- ** nionj as well as my own^ that we could but jit .T ** FETCH the Enmy.** ^ " Did not I immediately call ready cbcut Ship .* •* and faid, pray make Hafle to place the Hands, that ** we may get the Ship quickly tacked V* L A. ^Tts: I ■ipnwi ! [ 74 ] A. '^^ Yes : And fhe wat tacked, as foon as the Ship ** could be got clear for going abcut.** ^ ** Soon after oui bearing up, "d not I order you ** into the Larboard-Gangway, to fee the Ship cond and •* fleered, clofe up to the Enemy's Starboard-Quarter V* A. << Tes : I was ordered into the Larboard -Gang- *• way, to cond the Ship, in Order to come to an ** Engagement ag^inj and the Lark, in Confequence of •' that Order^ was kept conftantly fi.eringy azd pointing, "fo as to regain the Enemy in the '^uickeji ^danner, till ** after we obferved that (lie and the IVanvick had fepa- « rated." Qj ** Did not you conceive that it wot neetffary to have *' the Starboard'Clew-Garnet of the Main^Stdl up, in or^ " der to let the IVind freely into the fore-Sail ?" ^. ♦' Yesj I didr ^ " Did not I frequently conne into the Larboard* ** Gangway, while the Warwick was engaging the ** Enemy, and enquire if ws gained upon the Enemy ?** J. " Yesj you did." The Court afked, Q. " Do you think Captain Crookfhanks did every ** THING IN HIS Power to rejoin the Warwick, ** after you Jhot a-Head" J. " Yes i I believe he did." Quefticns from Captain Crookjhanks, ^ to Mr. ElJIy, Boatfwain of the Lark. " How *^ long, after paiUng the Enemy, was it that the LarJt «* tacked ?" J, *' About half an Hour, and endeavoured to come <* up with the £nemy9 ^^^^ was then better than % •* League diftant." ^ *' How c< C( t 75 ] ^ " How long, after the Tacking, was It that I ** ordered the Fore-Top-Maft Studding- Sail-Boom to be *' rigged out ?'* A. *• Not quite a garter of an Hour ; and I heard •* you often find fault with the flow fVork they maiie, '* in getting it out, and fetting the Sail " ^. ** During the Time we were ftcering after the " Warwick and Enemy, did the Sails appear to you to '* be properly trimmed ?" A. «r«i they did." The Cuurt afked. Q. ** Is it not your Opinion, that the h&rk haJ it equally ** in her Power to gtt up to a clofe Engagement with the ** Enemy i as the Warwick Aa^/ ; provided Jhe matLofftd tht ^^ fame Means?" A. *' No } Jhe COULD NOT." 1^ '* Might not a Separation between the Lark and Warwick^ by a Calm or verylitoc Wine, have made ^* it iinpojQible for tiie Lark to have oeen of any Afliit* ** ance to the Warwick in resucing the Enemy ?" A. *' It was IMPOSSIBLE for the Lark to come ap, with •* the Wind there was^ in Time to ajftfi the Warwick uMcs ** Jhe was engaged." ^ " When they had difcowered to the Lark the Dr^ ** trefs of the Wtarwick^ what Diilance wat* you from «« the Enemy ?" A. " About two Miles** ^ " What Means did you ufe, after tacking, to **• come up with the Enemy ; and how was the Ship *' kept in regard to her ?" A. " We flood RIGHT DOWN tohtr** ^ « Under what Sail ?" jf. ** Our Fore-Sail, Top-Sails, Fore-Top-Maft- •• Studding-Sail, Top-Gallant-Sails, Jib and Stay-Sails, •* all but our Fore and Forc-Top-Maft Stay-Sail, and "the (( ^. Ll Pi 1 76 ] " the Main-Qew-Garnet of the Main-Sail was hauled •* aft. The Fore-Top-Maft -Studding-Sail was once *' hoifted with a Turn in the Head, and then hauled *' down and fet a fecond Time } but would not (land; ** then it was hauled down on the Fore- Yard : The Fort- " Tad was aboard, and the Head-Sails braced (harp for ** about five Minutes, and then the Weather-Braces ** were rounded in. Mr. Tomg told Mr. Craig, that ** the Fore- Yard, and Fore-Top-Sail- Yard, were braced ** fliarp : And I hci rd the Captain order tltc Weather- •* Braces to be rounaed in, and the Fore-Tack «* got up.*' N.B. William Robinfon, ^artsr-MaJler of the Lark, gave the fame Accomt of the Sails as in tbg foregoing Anfiuer, Mr. Matthew M^MiUon, Carpenter of thOrLark, depofed : ** When the Warwick and Enemy ceafed firing, to ** the heft of my Knowledge, the Lark could have got •* a long fide the Enemy in about three garters of aa ** Hour, at the Rate the Lark appeared to be thai " going.'* Mr. Georges, of the Lark, depoCei : (( it ** About ten Minutes after the Lark had ucked a> the Northward, Captain CrsJiJJmnks ordosed the Fore- Top-Maft Studding-Sail-B'jom to be rigged out ; and ** I heard him find Fault uji:^r; tlje flow IVom they made ** in rigging out the Boom, a»i getting the Sui fet." Queftion from tiae Court. ^. to Mr. Georges, of the LarK ** Had the Enerm ** contintud in the Sfot where Jije utre t^ from, ami mar " Ship ct (t Sh (k an «» Af , that he had lo^ his Main-Mq/if andwAS " A Wreck. Captain Erfkine told me, the Morning <* after the Engagement, in anfwer to a Meffage from •' Captain Grookjhanks, that he would get to work to repair ** his Rigging and' Mq/is, and would follow the Z.tfr^ ; ** and that, if he could get a-long-fide the Enemy, he ** believed he eould take her : And, if hii Mcun-Maji was " iwonvenitntf he would cut it away,** cc «( Mr. he Mr. i Mr. JohnTrMy, Quarter-Mafter of the Larif depofed ; ; •' The Morning after the ^aruncfs A^ion ceafed, •* the Bilander hailed us, and faid the Warwici had loft /^ , xy .. « her Main-Top-Maft, and was like a Wreck." '^^ '^'^ .'^/-e?r/- X.' ^^/^"^ This is the fair State of all the Evidence that Captain ^u^ l\-/,?.9rrrei.M Creoijhanis wzs permitted tocolledl; whofe Adverfaries ^^^^^^^^^^^^^^ have conftantly ufed all Sorts of Methods to perplex and y/^^^^ /Vl- \ keep his Cafe in a confufed Light; fo as to fruftrate a/^^^^^^^^ 1 every fort of Means to which he could have Recourfe ^ gj ^ for his Juftiiication. ^ 9/- ,! The Court fat, for the Examination of Witnefles, i. the I ft, 2d, 3d, and 4th of February 1748. The firft Day, Mr. Parker^ the Surgeon of the Lark aififted Captain Crookjhanki in writing down the Queftions and Anfwers \ but was taken ill after the Adjournment of the Court. The fecond Dai a little before the opening of the Court, Captain Cru... hanks fen' a MefTage to Captaia Ch«dwkky Commandei of the Cornwall^ requefling the Favour of that Gentleman to Ir Mdhim his Clerk ; which he very readily and politely granted ; But, as foon as the Court entered upon Bufinefs, and the Judge-Advocate perceived that Clerk at the Table appointed for Captain^ ,^;^^,P«j«^!5^| Crookjhanksy he rofe up, and told Captain Chadwickt / / / / X" «* that he had the Admiral's Order to borrow his Cleric j'* ^ ' which deprived Captain Crockjhanks ot his Affiftance ; /J» ' /^^ ' %*/-« !^:i^^ though th^i Clerk fat by the Judge-Advocate the whol Courfe of tuat Day, without the leaji Employment: So"^^ that if C:ir'ain Crookjbanks hail not foon received the Affiftance > ' a Clerk, fent him by his Majefty's Naval Store-Keeper, he muft, in Addition to every other op- preffive Circumilance, have fallen under the laborious Taik of writing every Queftion and Ani'werhimfelf, or M 2 h-:ve >/?^a /^i/^ <^* A:'* .'iU^^rfV, 1^. IMAGE EVALUATION TEST TARGET (MT-3) // % 1.0 I.I 11.25 II I^|2j8 125 wuu P; 03 ^ S ^ 3^ HiotDgraphic Sdences Corporation 4^ 33 WiST MAIN STMIT WI1STIR,N.Y. MSM (7l6)t71l-4S03 ^ t^4 ^\^ i^pp"i>w^l^ Jff^V^* %/4f have been put to the cruel Neceffity of leaving hlmfelf '/^^^aked and open to a Judge- Advocate, who, on his go- ing into Court, that very Morning, had the ill-Nature and Infolence to tell Captain Crookjhanhy that/* it was the Duty of his Office to dejiroy him, if HE coulb. Captain Crookjhanks during the whole Courfe of the Trial was greatly embarrafl'ed, and fometimes totally prevented from obtaining clear Anfwers to dillindt Quef- tions, that he afked, relative to Periods of Time, Dif- tances. Operations, and the particular Condu£t of the TVarwick, in certain Circumftances : For the Judge- Advocate, in the Beginning, offered an Opinion, which found the Support of one or two Members, ** That •* fuch Queftions tended only to fijh out Matter, where- ** on more fully to found and ftrengthen a Complaint *' againft Captain £nimf ; and that, as he would be ** TRIED, they might then properly fall in Courfe.'* But Captain Crookjhanks afiured the Court, that he was very far from having any fuch Intent : That he humbly conceived, the Operations of the two Ships were fo in- terwoven, and dependant on each other, that the An- swers to Queftions regarding the one, would unavoida- bly tend to fet in a clear Light the Ma.iagement of the 6ther : And though the Cafe of the Warwick was not yet before them, judicially, and direftly, with Regard to the Cenfure, or Juftifications of her Captain; he, nevertbelefs, apprehended it was before them relatively, in Regard to himfelf, fo far as it cottid tend to condemn, or difculpate him, from the Charge of which he ftood accufed. Upon the third Day, Captain Crookjhanks produced a Letter, directed to Admiral Knowles ; which he aflured the Court, *< contained the Complaint that he intended to «* exhibit againft Captain Erjkine ; that it had been ♦* drawn up, a long Time before his Trial came on ) ** and he (hould be very glgd to fend it that Inflanti^ Captain '<: ; Ca *'J !^ ^ tha <« J*i •*» fid* > ^ tail ^ >«f< N Me J « i( . '^«tl C( g «'h > w Otl) i 85 1 '^ 5 Captain, ReHtone replied, « he thought Captain Crn\»\J'^^^/' (//,^^^ \ \i**Jhanks might fend it, as loon as the Crown Evidence ^^, >^ /r/f/ fr,W/^r/M tV4 ///♦> /** ^ , ^ « was clofed :" And Captain Crook/hanks accordingly fentY' ^it, after the Adjournment of the Court this Day, by ^ Mr. Luke Macey^ Mafter of the Lark, who reported, \\ ;> that the Admiral, upon appearing to have read only z \ % few Lines, flew in a Paflion j and faid, ** what does he \/t//f//^^t. /^ / ) N ** mean, by plagueing me with his Complaints? ^^ji^y^/f^,,.^. 5 yv^ •* may write to the Lords of the Admiralty : IwiUhaw^^ /f ^ ' 1 ^^ « NOTHING TO DO Vlith it,'* ^ ^w*-^ ,/ff//^/^ ^' J- Vl'be fourth Day, upon opening the Court, the Prey* ^•^-^^'^'/''^ J^ •« fident declared ; •* he acquainted Captun Cntokjhanks^*,^;^ ^, J',?*^^^ \ ^ <* by Order of the Admiral, that he had received hit/ a , • >, ^^ I Jj, ^** Letter of Complaint againft Captain Erjkine: But ^ /jC y% (Captain Crookjbanks) was then on his own Trial, ,^ JjV*L«' V^?^*he, ^ , . _ . ^ ^"upon an Accufation of Captain £f/b'»«, the Admi^ay'4'^'^>^'^•^^''^' \ ^ •• could not take Cognifance of his Complaint, being 9x»/^ /tf/*^Ji*'*'/^> ^. >!^*^ unprecedented Thing." The Prefident, on being "Kr-^ecoi/^i^ y/a ^ \ minded by fome of the Members, alfo acquainted ^^^^^/^ \f//Aj' k ^ \ ^ tain Crook/hanks^ that ** the Admiral had defired hiniy^ 1 ^A^-^oj^ ^ ^ ** to tell him, that he hoped Captain Crookjbanks woulo^ 9 "A ^^ ^ ^ *• difpatch to finifli the Evidence, and call asy^ Wit- /^^ Jj- / \ !\« neffes as poflible : That the Admiral had been Ini^'^ ^*^^.^^ J ^ ^,« formed Captain Crookjbanks had taken up z great dtal/^^ ^^'*^ *^* \ \ ** if the Court's Time, in 2S)s\t\% frivolous ^ejlions abouty^V* SZTSF^ : ^, '* the Warwick ^ and that the Fleet was undfr a Nccef-.*y, i^^« fity of failing in a Day or two *:*/?^*^*^^i((,'^vyj^>ci'^**-^y A'^? b^" ^ Captain Crookjbanks was greatly furprised at fuch %ce^/^ ''^'^ MefTagej in Anfwer to which, he afliired the Court,^^/^^//.^^ ; v^ *' it had been, and ftill was, his Defign to give them^/yw^ S(x4\ ) r^**the leaft Trouble he could ; That he heartily wiihed //^*^a/ y?/^J ^ 1^ « to have his Trial over : And though he could call %^ ' ^^ '''»^'^*1 ^ " great Number of Witneffes, feveral of whofeNamef ^^ ^^'^ '/""* j^ •*• he had already given a Lift of to the Judge-p Advocate jf4Lf^/^*iy%^ -x f •* yet he was fo unwilling to take up their Time, ^^ //Cy jfQ. «»he risi^ £ij t Tbe Fleet did not fiul till tea Days after* ^./; ^"t^ re* e* Z^*-^ M ^e wodd fliorten the Evidence,'* and he did foaccor- '/C-^ By the Evidence already given, Captain Crook/hanks tJ&x/^/'^. dertakiog the whole of the above Meflage, was, that the Court were aUb cf Opinion, that the Charge was Entirely invalidated. — y- — The Members i^ of the Members, conftituting that Court-Martial, to have encouraged, and prompted him, to produce further Evidence in his Behalf, as long as he declared a Probability of finding it ^ and they cer- tainly ought not to have prevented him from ufmg every regular Means for his Defence. In every Court-Martial tb^'t can be convened, pro- vided no Arts were ufed, to influence or corrupt Wit- nelTes, and drefs Evidence, there would always be found a fufficient Number of able Officers and juil Men, fully capable of difcovering the Truth, and who would atft on fuch Principles, as never to let the Caufe of theji.- Iiocent fuJFer Reproach, or the Guilty efca^ due Cen- fure and condign Funifluncnc. After mm Wf"jii>mipw After the Witneffes which the Juclge>Advocate eaOei y^ zea^ //C^ ' ^-^ the Crown Evidence, were examined, the foUowingA^ •, ^^^^ ,&^ ^ Anfwer to Captain Erjkme*s Charge was pronounced / >". «'' pronounced in Court, by Captain Crookjhanksy who addrefled him-^''^'^;/^^'^ ^"''^1 felf to the Prefidentj and delivered a Copy thereof tJ^^'7 ^ " Cafe in Queftion j as can be made very apparent. Butlfind: ^ ^^** /* myfelf relieved, and happy, in being now brought }at/^^'^^'^ V ^^^ fore a Court, to whofe Candour and Equity I chearfulljr^'*^ /J^x^K fubmit the Determination of my Caufe j being perfuaded''^''^^/*'^//^ y^''«« that each Member is guarded againft Prepofleffions, ztid/i-y /fi^-i/mA ^ will take the Fails only as they ihall hereafter be mad«^-^,^p^^^^^ ^^. to appear. A^k*^9i\^*'^'»<^* « We difcovered, and began the Chace of, the Enemy, . • fometime after Seven o'Clock in the Morning of the " ^ * 14th of July, bearing between the North and the Weft from US} appearing, at different Times, a large Sail, with her Topfails only out of Water, from the Lark*% Fore-Caftle, where I went to look at her with my Glafa* and cQuld difcovei her Head laid differcaC Ways i but whether After 9 l/PJ«v/>«» 9-9»^*^ f 4.*1»^^»»* * ■ A ijyWt^ cc ^/^ ^c ///^^ rc/Z/f^ K/it/^if //J [88] whethet by tacking, or wearing, could not judge. A* bout tenTT made a Signal for the Montagu Bilander^ , in the Ordnance Service, to chace to the North-Weft, (f-^A ^v:.vAo^hich Mr. ConoUy, her Matter, very alertly obferved. it .it(^ Hi^'ween twelve and one, in the Afternoon of the 15th, 1 >yV/ ^ '."yirr— made the Waruiick'^ Signal to chace, and open to the /ei/a^ /ft(f " North-Eaft, which I well re.iiember was w/fl* „ .^ ^^|)gfore the dofe of Day, fuppofed the Montagu nearly Mr . /J - - yf-/7^^ -^/^^yp^jth the Chace, as it afteiwards appeared fhe was, cYtrxr-'-^ ^<^ /y^'^-%xA rather on our Weather-Bow. About ten, they ^ /nA^i-' /«/» palled us to the Eaftward; and, being convinced of it, hat" ^/S^^^/f

*^ /if cS»A-,'?/'^^^*'^'"S ^^^ ^s Difference of the Sound of the Guns, /■ A3 //ou^^ *"^ '^* Enemy fired at each other, I made the gene- , •* z' ^jT/J^ Signal to tack; hoping, that the Warwick would \^J^^^^ V ', /have been inftantly prepared to obey it ; for (he was fo jA0 i^/ ^^ '^^ ^fwar on our Weadier-Quarter, as to lay in our Track ; .7> /^'* ^>^<='^VHich obliged me, in tacking firft, to pay round off, rutr <^ *' '^ '^^^"^^'^ P*''^ '° Leeward of her, thereby lofing the better J <^' A^Chance of gaining the Enemy's Wake, while the War-' , 'y / • 7/ ^^ might have endeavoured to gain the Reach of him, '^^^'^'^'v 5^rovided the Enemy had attempted to fail large, 99, i/t >/'»V/»y' jtnowlng It to be the favourite Way of his Ship's go- ing beft. We chafed clofe, bawled till Day-Light, and then (C 'IJ^ I / \ ^g*'" ^*w ^^ Enemy, a very tall Ship, and the Mon* ^ '* '' • tarn on her Larboard or Weather-Quarter. About \t/ //i< ^'"^^^^fen, I could diftlndtly count fifteen lower-Deck Ports, U^aj /T-//^^ regularly bawled up j and was fo near as plainly to dif* //?^*» cover, in my Glafs, Men on her Poop, and Gang- • / boards j fo that I was then at no Lofs to form a Judg- ?a A//^t ^^^^ ^j. jj^^ gj^g ^j. ^^^ gj^jp^ ^^j jjjg Force Ihe was f^^/T.',//?-//iW better Government, ^vas, whether or not, (he was well /./6 /r /» ^ <-^ - -^ appointed I \i a /f, ^^'y^^i9-'^/y^'"i^\/f '^^'''^^^,' '^/^ ^^ 9 ^ac*^ 7 ^lapl^fnted? 'in the ider ^./-^ ;^^^ / common Prudence of >n Qfficer, t certainly was to think (he was, and hope for the beil. ** That I did then, and always, determine, vigoroufly and refolutely, with the proper Affiftance of the War* vaicky to engine the Enebiy, I do folemnly, before God anj this Court, aveFiTftill referving to myfelf an un- doubted Right of judging, when to begin and in what Manner. That from Day-Light in the Morning till'^ Eleven at Night, (I fpeak now of the i6th of July) \ the greateft Care and Pains were taken, to trim the Hull 1 and Sails of the Lark to the bed Advantage, to fteer ^d bring the Ship up with the Enemy, is ^hat, I flat- ' ter myfelf, will appear from the Evidence of every Oflicer and Man in the Larky Who was capa- ble of making Obfervations. In this Martner, I led Up to the Enemy ; the Warwick following in our Wake, on one Quarter or the other, as fmall Shifts of Wind, and common unavoidable Accidents, might occafion. Some little Time, before we reached up with the Ene- my, and th&t there was a ilrong Appearance of doing it, I fent for the firft Lieutenant, and gave him Orders ih {[-and by the foremoft Qun, and to keep it pointing, and to call to me when he found it almofl growing tifelefs } giving him alfo, fome few, as I thought, ne- ceflary Cautions, in Regard to managing the Men and Battery under his more immetuate Care and Direction. 1 alfo fent for the fecond Lieutenant from his Quarters between Decks, intimated the Orders I had given to the firft, and directed him to be in immediate Readinefs: that if he heard a Gun fired upon the upper Deck, it ihuuld be a Signal to haul all the Ports up, run the Guns but, and make the beft Ufe of them he could ; recom- mending particularly to his Endeavours, the keeping the Men cool, to fire flow, And their Guns fo pointed as to be in a Manner fure of doing Mifchief. I was rather ^en determined not to engage till I got dofe on the ^^/<^/i ,14 f^ ir^ N Enemy '•:J /y^ /d ,^ ^^tlt4 A ^A,f^^^ ^*i [ 90 1 Enemy's Weather-Bow, refpefting the Pofitlon of failing he was then in f But I fired, upon obferving the ff^ar- wici, which I thought was unluckily and accidentally caught in Stays. The Lines of Sight are frequently known to deceive the Skillful ; but, to the beft of my Judgment, the If^arwick was, at the Time of putting Helm-a-Lee, a-Stern in a Parallel to the Windward of the Larky very nearly the fame Dillance from the Lark, as the Lark was from the Enemy a-Breaft. The Lark then only got a-Breaft of the Enemy, which the ff^arwick might have done, and conflderably nearer ; but, (he tacked, and fired in tacking } though, I conceive, (he could not fire with any Sort of good View, till after the Wind was a-Head, or rather that fhe paid two or more Points oft*, untefs for Reafons I cannot enter i{ito, and fhould imagine Captain Erjktne^ as late Commander of the Warwick^ won't chufe to avow. A Mile Standard Meafure is 1760 Yards j 350 to 400 Yards, is the moft extreme Diftance that any Body on Board the Lark, (I have heard of) has judged her to have been from the Enemy, when firing at each other, a-Breaft, Beam and Beam. Diftances at Sea, efpecially at Night, are fomewhat difficult to determine to a very nice Degree j fo is Point- Blank- Shot, which is commonly called a Quarter of a Mile, or 440 Yards i therefore, I can only ask Leave to offer Arguments from certain Fa£ls, admitting Proba- bilities amounting very near to pofitive Truth. The Lark pafTed the Enemy, as tall a Ship as the Princejpiy to 1 Leeward of her, with all "the Sail that could be fett by 1 the Wind, which was then moderate, and, what is \ often termed by Seamen, juft a pleafant working Gale, \ and the Water fmooth. By this I mean to fhew, the I Lark heeled two or three Streaks. The Enemy had : only her Top-Sails and Top-Gallant-Sails j I am not \ p)fitive whether the latter were hoifted, or on the \C.ips : But, with her Superiority of Length and Breadth, I pre- -h # [ gi ] I prefume (he was nearly upright ; and It has been judg- ed that moft, if not all, of the Guns flie Bred at us, were from her upper Decks. Now, it it certain, we received a Shot through the lower Part of the Fore- Stay-Sail ; one through the Main-Sail, a little above! the Collar of the Mizen Stay; a Shot went through[ the Mizen-Stay-Sail, a large deep Sail, a little above the Foot-Rope ; another through the fecond Cloth of the Mizen from the Maft, about eight Feet above the] Quarter-Deck ; and many others pafled and dropt in a particular and obferved Manner. I conceive, from all this, the Lark was within Point-Blank-Shot ; (though not in a very clofe engaging Diftance,) and fhe was eonded, and fteered, fometimes by myfelf, as near as thej^^ z/^/"^' Wind would let us pafs. — <,^..«//^^X/ .^^ -^ The ^tfrw/Vi tacked, when it is wifhed (he had /^'* '^'^''/' "^"^ ^/ not; but how thejrreconcile coming to a clofe En-' c^"^ /■^ -^ ^~ gagement, in ten Minutes^ from being a Mile to Lee- ^^f - ^^ ^ ^^t^\ ward (the Words of the Charge) is what I cannot pre-^,^,^ «?^y«-^, tend to account for j yet, I think, I am not miftaken, ^^^ ^ y^ ^^^ when I fay, it muft have been full fifiy Minutes^ or.-> . ^ . ^, 1 ufed' my beft Endeavours to return, and fupport' ^ • . L, the Warwick \ and did return fo near, as to have pro- d^c^/^//*/ /'■'' "^perly renewed my Part of the Engagement, in ten, at_^^^,^^/^y<^ the moft in fifteen Minutes, if the Warwick had not >^ ^ y' bawled off, to the Southward. The Enemy, at the ^^•'^''-^^'^•^'^ Warwick's going off, fired ten or twelve Guns ^^^Y y/f j{ '^^^i, fmartly at her, and bawled to the Northward. Upon obferving the Warwick* s Main-Top-Mafl gone, and notV/*^ h i^r/^ being able to guefs what further Damage (he might have fuflained, I concluded it was hpfl to hawl to the^^ f ^ y\ Northward, to be near the Enemy at Day-break, ((if^*^ ''^^^'*' /^\ the better Opportunity of difcerning her Condition, as ^^ well as that of the Warwick. The latter, ftill lying in ^_^ the fame Pofition, fired a Gun ; which I could not but ^ ^ confider as a Signal of Dl/lrefs j and, very loon after, N 2 I was ,5' ■^^•w^p^Ptsr, t 9» 1 I was confirmed in this Opinion, by Mr. Conotty in th^ ^ntegu, Bilander, who told me, he had been hailetf by the Warwicky and defired to acquunt me with theii^ Condition, that fiie was quite a fVreck, We wore, and joined the Warwick, And now. Sir, fUnding heavily acculed of running away from the Ene- my, which I take to. imply and mean Cowardice, the moft (hocking and ignominious Charader that can pof- ilbly be given to a Military Man, \ cannot, in Duty and Juftice to myfelf, omit declaring an Opinion, and with Confidence too, that if Captain Erjkine had m^aged, or even mi/managed, in any other Manner than precif<;* ly what he did, the Enemy could not have taken, I fay, /notched, fuch Advantages as he did, of the Warwick ; and, in Addition to his fuperior Force. I then venture to think my Condu<^ would fcarcely now have been to call in Queftion ; I am, in the higheft Degree, pofitive* my perfonal Refolutton 'could not have fuflFered Sufpi- cion. In View, that Part of what I have now fatd may in fome Degree prepare the Court to hear and canvas the Evidence, as well in Support of the Charge, as in my Defence ; and in Confideration that my greateft and on- ly Comfort, while I exift, depends on my clearing fo bafe and villainous an Afperfion as has been fpread about, I have depended, and am to hope, for Excufe in having trefpaflfed on Your Time,'* This was the Anfwer which Captain CrookJ^nks deli- vered to the Charge : And the following is the Sentence pronounced by the Court-Martial. cc At • •■■•U'l 1- '- I'll 9^* '■" ■! f'^m^^m'v^ I 93 ] ** At a Court-Martial, held on board hit Majefty*» Ship Cornwall^ in Port-Royal flarbour, Janrnta^ Chit ift of February 1747-8. PRESENT, DIG BY DENT, Efq; Presidemt; Captain James ReniorUi — — Capt. Samuel Gravely Capt, Charles Holmes, - ' ■ Capt. Thomas Jndreios^ Capt. Policarpus Taylor, — — Capt. Edward Clarhm Capt. Richard Chadwici, The Court being fat, and duly fwom, (purfuantto an Order from Charles Knowles, Efq} Rear-Admiral of the White Squadron of his Majefty's Fleet, and CoqimaQ- der in Chief of his Majefty's Ships and Veflels, em- ployed, and to be employed at, and ahout yammat^ dated the 30th of January 1747-8, and directed to Cap- tain Digby Dent, of his Majefty's Ship Plymouth,) pro- ceeded to enquire into the Conduct of Captain jolm Crooijbanks, of hi^ ^lajefty's Ship Lark, with the War* toick under his Command, in Relation to his Behaviour in an Engagement, between the faid Ships and a Spatufi Man of War at Sea, in the Latitude 40. 38. Norths Longitude 21. 22. Weft from the Lizard, and to try him for the fame, upon a Complaint of Captain Robert Erjkine, late of his Majefty's Ship the JVarwick, and exliibifed by the Judge-rAdyocate in Behalf of the Crown. And the Court having examined the Witneiles, pro- duced as well for the Crown, as in Behalf of the IVi- foner : And having duly confu^ered their Evidence, do unanimoufly agree^ that the faid Captain John Crook' Jbanks, by his MifconduA, and imprudent Behaviour, falls under Part of the 14th Article of an A£t made ii^ the 13th Year of King Charles the Second, intitled an i\£l for eftabhibing Articles and Qrders for the Regulat- ing ■r [ 94 } ing and better Government of his Majefty*8 Navies, Ships of War, and Forces by Sea ; and therefore do think fit to adjudge the faid Captain yohn Croa^Jhanks to be dlfmijjh'l trom the Command of his R'A-,sfty*s Ship Larlj and cciJiAcred during his Alaje/Ifs Pleafure', and the f.xiJ Captain John Crookjhanks is hereby difmijfedy and cajhicred, accordingly. Given under our Hands, on Board his Majefty's Ship Cornwally in Port-Royal Har- bour, Jamaica^' this 5th Day of February 1747-8. '---7 ^X^'^f^**^-^ > . / . Signed by the Members. ^ Robert Kirksy Deputy Judge-Advocate. ROBERT KIRKE.'* (A Copy.) • ' ^* A [981 When the Wanmck tacked, ihe fired fome Guns as file gathered Way towards the Enemy's Wake : But the ^ • ^ * Shot fell (hort. If the Court unanimoufly date the War' tuicJfs firft Engagement from the firing of thofe Guns, ^*^*^ ' and diat Captain Crool^/banks was guilty- of Mifeondu£i for not tacking immediately, the Anfwer then is. Captain Crook/banks could not conceive Captain Erjkine capable of fuch a palpable Miflake, as, that of tacking to ftand ffom the ImtH : But Captain Creol^/hafiks imagined the Warwick was caught in. Stays : At the very Inftant, he de- clared that was his Ojunion ; and often averred the f:imeto the Court in very.explicit Terms. But fiippofing Qaptain Crofkjhoftks hjul been certain, that Captain Erjkiw had ordered the Warwick to be tacked, it would ftill have been wrong,, in every Shape, for Captajn. Crtt^/hanks to kave followed him; Unless he had determined the JUfrk ihould relincLuifh all Engagement with the Endkny, in Confequence of the Condudfc of Captain Erjkine ; for the Enemy hid then his Majin-Sail and. Fore-Sail haul- ed up; but, till that time, had) (hewn that he endeavour- ed to avoid the Britijh Ships. It was therefore morally certain, that, when he f:^w both Ships tacked to ftand a^ * Stern to the Northward, he would immediately have made Sail^ and purfued his, Voyage* In fuch a Ckfe,. who can ^Aiy when the Lark and^rw/VA wpiild hayeibfeit able to \ pvertake him ? * Befides, the Enemy knew pofitively that the Lark \aA Warwick were Men of War. He alfo faw they had ^ the Charge of a Convoy : biit he could not know that ^hci Btatffort Stor€-Ship, was not 9 thir;^ ^ey^J. , O/^ ^9^4^ /^/^ ,i yo ^^M^s. >/i«V/i y/Xa^ 4:1 J^ ■ t^ il-' A^/A r '/4m^ •-♦#»«^ 5^/;^*^4 fe £n|ajgement. Lieutenant Cummins^ PftQenger cm Board tiie H^ar- wici, fays, ** die tVarmek flood diree Quarters of an « Hour to die Northward, itom her firft ucking, be^ *'' foie (he came to dofe Ei^gentent :" and the &me appears by thi Evidence of Mr. Jtkins^ (bcond Lieute- nant of die JVarioieki thoug;h the Charge fays, it wtf& only ttn ABnutes. .Mr* Cr^po, fecond lieutenant of the Lark, hyin ** that the Lari was ucked in lefs than threi garters of *' an Hour, from the Time flie Ceafed firing on the Ene- ** my } which did not laft Above five Minutes." It appears, by many Witnefles^ diat the H'arwick tack- ed whilft the Lirk ^ta firing. Ml-. Jtkinty and Mr. Cummins, fay, ** that the PTanmck flood three Quarters " of an Hour to the Northward, from her firft tacking« ** before (he came to elofe Engagement." Then, con- fequendy, the Lari was tacked at the Time the En- gagement begUn. According to Mr. Macty, Mafter of the Lark \ and Mr. John/on i ** the Lark tacked in about <( half an Hour after (he Ceafed firing" therefore,, it was a ** Quarter of an Hour before the Engagement begap. But lAxJToungy third Lieutenant of the Lark, i& ftill more pre% cifei for he depofed, <* that the Lark tacked in fix or **' feven Minutes after the Enemy bore away, towards the ** IFarwick." And, it appears by Mr. Atkim*s Evidcnte^ that the dofe Engagement did not begin till about half O2 «« [ lOO 1 an tiour after the Enemy bore away, it wiU, from thenee» folloW} ^at the Lark was tacked twenty'tbree MinMte» before the Engagement began ; and this is cmtrary to ibt Refohe^ which aflerts, that the Lark did tut tack whtn Jhifaw the Waxvrick fr/i engaged i unlefsthofe Words are to be explained, fo as to refer to the firft Guns fired by the IVarwkiy in tacking \ in which Senfe, it has. already been anfwered. It may be added, with Regard to Evidence on this Article, what Mr. Macey^ Mafter, and PFilliam Ro^ Unfmy Quarter-Mafter, of the Lark, declared on the Trial : The firft faid, " that though the Lark was kept *< con/lantly Jleering, and pointing, fo as to regmn thi *' Enenvf in the quicke/i Marnier } it was neverthelefs ini' « pojjihle for her to come up, with the Wind there then ^< wasy \n. Time to aj^i the Warwick when Jhe was en'- « gaged:* And the latter affirmed, " that Captain V' Crookjhemks did oil in his Power t» come yp with the <* Euemy and i^rw/V/t.'* R E S O L V E V, •* That Part of the Charge is not fully froved." Answer. The Charge irr^lies Cowardice ; and nothing elfe h alledged againft Captain Crookjhanks: therefore, n«) Part of tjje Charge is proved; for, by RESOLVE VI. Pronounced by the Prefident, on the Judge- Advocate's Omiffion, **>^The Court did, unanimoufly, AcqyiT Capttut^ . ** Crooklhanks, of the Suspicion of Cowardice, Difir *«afFeaidn, wr Want of Zeal." Thus [ loi ] l»tc*s I 'hU9 Thus, it is evident, that Captain Croekjhanks v^as laid under a very fevere Sentence, when his Judges had ac- quitted him of the very Charge, which^ in FaA, was Cowardice; and that was really what Captain £;>/l^/«r wanted to prove, that he might efcape being called to a Trial himfelf on a Charge that was ready to be exhibited agginft him by his late commanding Officer, as appears by the following Letters, from Captain CrMi/i«if/(x to yy ^ Admiral Knnules, /A*'^^' /if//i*u*/A/ Lark, in P»rf . Rtyd Harbour, Jf^ ^^' /jT ■ «* S I R, tmtca, February 3, 1747-8. '^i"' '/^ ,V NOW ofFer you Articles of Complaint againft Cip^' ti^yA^\/y^ . tain Robert Erjkine, late Commander of his Majefty'sy^j^^^vy/ //X Ship Warwick j defuing, as I conceive you will think thei^A^ y ^A4! -Z. fufficient, that you will be pleafed to order a Court-J^ar- .v^ • .'' tial to be affemblcd, and held, for the Trial of Captkio'^^^J^ ^'^ Erjkine^on the Articles hereafter mentioned. /^"^^ ^^/M^t ^ Firft.— 7^/, on the -i^th of July 1747, between^ ^^^^^^^^ twelve and one o'CIock in the Afternoon, he £d ^a/^9^0^ A^ OBEY my Signal made to him, to chace and opentoth^ • /#/* North-£att } by which Dijibediencey it is almoft mani-^^^ * ^ feft, we were prevented from overtaking, and intercept»^J^^ Ar"- V ing, fome Hours fooner, a certain large Ship of the ^/g*/' /!• ^^ I Enemy, that we afterwards engaged : Abftra(^ed from/ ^j/^ */^*^ ith** pernicious bad Example in Difcipline* ^ * '^ v » * I Second.-— -7i&fl/, on the i6th, between ten and eleveni.^^ ''^'-^^ at Night, he did not proceed to attack the Enemy, in the Method I had led him on, nor follow me : But, contrary to my Expr^ation, tacked j and fired fome Quns, in fuch a Manner, as almoft made it a Queftton a| what I That he afterwards came to an Engag^ent with, or was brought to an Engagement by, the fame large Ship, in a difirderfy confufed Manner; giving the greateft Advantage he could dO| to a fuperior Enemy, and WW»W('S|W" I ii.uap II '■"■""""WTIWipp » .' « i»v r > [ >02 } and thereby rifquing his Majefly's Ship ; and afterwards ^tting the Enemy with a very inconfiderstble Loib of Men, or Damage to dw Htdl of his own Ship, whcli it muft neceflarily have J»een Obfervcd, that the Lark waa near up with the Werwkky tomit^ to fafport the Eogage-* nent Third. — That^ on the 29th of Jufyy about eleven o'Qock in the Morning, upon dilcovering a Sail in the North North-Weft from us, ftanding to the Eafiward,. '. ■ J made the Warwick's Signal to chace the faid Sail ; which lie obferved, and chafed accordingly : But, about four ^« .o'clock in the Afternoon on the 30th, he left off chace, without Siguai^ or aay tther Dhne£ii§H ; though diere Wtts - > Reafon to hope, the faid Chace might have been ipoke with, before Night, and to believe (he was an Enctit^ by her Built, and had fliewn falfe Colours, Whkh wefe Eu^U/b, fourth. — That, about two o'Clock in the Afternoon, . ' on the I ft of Aaguft^ I began to chace a Ship to the North-£aft j and, the Weather being obfcure and hazy^ I made the Warwick's Signal for chacing in that Quarter, -chiefly to prevent the Rifque of lofmg Sight of her. .That, upon my approaching within a fmall Diftance of the Stern of the Chace, which was an £«^/^Merchant- $htp, that had been lying too a coniiderable Time, with all his Sails lowered and clewed up, the Warvnck run up witlr the Lark\ Starboard-Bow, borrowing {a ~ near as to force her almoft a-b^ard the Merchftnt-^ip, whereby (be at Icaft might have been funk a Sacrifice to this Indifcretion : And for that, upon my writing to Captain Erjklney to know who hid diretSled and mailaged. the Warwick in fuch a Manner, he wrote vtit a Letter in Anfwer^ and ready to be produced, that is humbly conceived rather infoleat, than an Officer-like Excufc, for the Behaviour. Fifth. dii iu) the Sig fbn Sig and Coi lofii Ad^ Ai£ . A are„ t of To ( C( A rf T again IBiii "-| , I'll '111" t *03 >' Fifth. b«V lFUtb.r-7^ by aijr Ooder of the sift of ^!^^.^ directed to Captain Erfkine, he was to frutuk to Laak^^ ittrghy Sec. as foon as I ihould hoi/i a Dutch * Jack at ^ the Mizen-Top-Maft-Head, and fire two Guns ; IvhicHI^ " Signal he did not wait fir: But, on the-Sthof Augufi^, y fometime between four and fix in the Afternoon, loft ^ghtof «s, b^'fteecing dtflferendy: which was obferved, and Guns were fired accordingly, for the Alteration^of > Courfe; to which he f aid no Regard \ whereby, afiter lofing Mails and other Difirefles, he in^jtrudeuify lo^ the ' Advantage of having a Ship in Company to ^ve hini Aififtance, after the abating of the Gale of Wind. . My Reasons for not exhibiting this Complaint fooner^ are,, I hape,, fiifficie«tly explained to you^ in my Lvttev t of the 4th of SeptmbiT 1^747. *" 1 am, ^CtJ>^zm.^^//aj»**^t^^'^^ Vi^rr* {^A/»/. ^y-i ^. JOHN QMXXM^ZT^%^^^±: OW. To Charles Knowles, Ef(i\ Rear-Jdmirel of the WbiUytt't^^,^ M^f- t^Tit N.R. This is the Letter that was delivered by }/ic, i»y/4^Li^j»f< ' ' *" mentione ' ' " « //^ - - * - - Luke Mac0^ as mentioned 1 in Page^M/A^f^///yy,^M*^ PortrBeyaU hitjmuueag, . , ^ «^SIR, Feb. 8, 174JI.8. /'/i''»/^^*-/^iv^ AS my firft Letter, of theadlnftant, on thiaSulfc."''''>'*^''**'^r*^ jedt, may be conceived to havei been dshveredouC; ^ a. \, «f Time^ I now againy oficr you Artidea <^ Ci^«^nt^jk^ /^ //V*> Z^?/, ogaiiifl Captain Esibtrt Erjkine^ late Commander of W^/^^ if/t/*^ Majefty's ^.-r^'t 4^, --.^ ^wW " 104 ] Wanmck\ hp^^ that you will order a p ' I/*^/^>^J^^°**^"***"***» *• ^®®" *' **" Majefty's Service can con- ^ I am, '^c, » ^ . Signed, ^^""^^JOHN CROOKSHANKS. To Charles KnewUs^ £fq} ^c." /5r^,. ^/: ^i^'^^^'^^IS^he five foregoing Articles of Complaint m/s^^e*^, /i' /'*' To the firft Letter, Captain Crool^nks received no An- //C*^K.>fi/j»^^* ^<^^5'•^^"* *^ **^ Letter he delivered into the Admiral'! ■s /, //^ ^^^£^^^^h on Board die Canterbury : And the Admiral ^ .^ , /j.JfflJ^Bfo'^ Anfwer, ** that he would confider of it; "^'•^ ^'^ ^rJ^^r^Stmt i6would be impoffible to order a Court-Mar- yi^'^9/?yy>^ e«tiai till the Return of the Fleet." Captain Crooi* |; >>>**» '4'^"^/'^/S«w*f then took Occailon to fay, ** that he found it was \^'^/Py*'^*T'^- ** a prevailing Opinion, that the Admiral was going to i > ,^{Kiy /M ^ Sea, with ' thie Fleet, upon an Expedition*^ iii Whi^h /^^t'^stiL /*^« there probably niight be fome particular Service; and ^fitm>' • c< that he hoped the Admiral .would give him Lci^ve to t^/*^ /•/«^> could notyW-^/f the Offer that Captain Cr^^/^nix had r^yZ*i~/^^*^, ]nadeof.his Service. \,.4^^^.^^ /'*/ /^* *^^* <2r»ft^aw«^ alfo fent the following Letters to '/■»<^i. L-v^/^J-;^^'' 1 .^j^ 'i"-^ /H^*A^'^«//^ ceivc You, as Commander in Chief here, have the fame. '/^^y .^//i»/i^ight, in this Cafe } and, as I am mortal, uncertain kA- xrmj>-,^cl a/'^ j»y Arrival in England^ now la)^;iring under many Diffi-. ^ cuilties and Difadvantages, and neither Intending, or do ^ '* ->. \ think it poiSible for me, td make any improper or bad **'''^/"'**Jr/^^h of *«•"» ^ hope, at leaift, you wHl hot blame me /. r-2trtr/t^A^^^^ a/king; though yoifinay jjudjg* i' wrong to grant mc. ^"^f^MiTFavour, . - I am> lie* 'j^/ J) CROOKSHANKS.'^ tfff^^s / ^(^ . Captain tirobijhanh received no Anfwer to the above Z. -V Letter ;. nor could he ever obtain, at Jamaica, the Copy y'^ ^**^ tl theRefolvesj but he got them, muttlated. a> diey /^t^t c"^ t./ were, wHcn he came to England. A^ ^^^>n the "ijth of /V^ruary, Admiral £v0ft;i!rf failed with • T-a ^ ^ v|^g pj^gj ^^ ^^ Expedition to St. Jaga de Cuba and Port /- ff-i^e^ "^ li^n. the ad of Aprily a^ter hik Return, to Jamaica^ Cap- tain Crookjhanks waited upon hini, and-pfFered hini a. Let- ter i when the Admiral faid» " he fuppofed it was con- »* cerning the Trial of Captain Erjkine :" Captaib Crookjhanks faid, ** it was," (o which he replied, thatp ** he was very bufy, and defired the Captain would. ** come to him a few Days after." Captain Crookjhanks accordingly returned on the 7th of Jpril, when the A^f. Ihiral accepted the following Letter from hin^* -V- SIR, V- Port-Reyal in Jiamaica, jfyril 2, 1748. ^ N the Duty I cof^tinue. to d^e tp his Majefty's Ser- vice, I mud bt^ Leave to remind^you, of the feverd Articles * of Complaint I have exhibit(;d againft CaQtai^i £rjlune^ m my two formi;r Letters, one delivered be- fore, ~/^.f. /^ - •See/. 1 or. A^ CC- ^y tj^-^y4./ '. ^ Crt>/t^-^ ^ ..ae^*. ,, (C (( I 107 1 tore, and the other afiter, my Seiitence wa3 pronouncc4i ^n.the 5th oi February laft. \ am, a's to myfelf, cmiincedy that Captain Erjkirii lias ad^eid, at leaft, fikb a bad Officer : Therefore, I pei^ fevere in defiriog to home him brought to Trials to anfwer for his Coodu£l ix. a Court Martial. His own negUsl- ing to inji/i on the fp^ediell Opportunity of endeavouring to clear himfelf publickly, giVes foAne robtti Xojufpeil^ htf may be coHfcious that he has been gtulty of fimething tha^ will not bear the 7\^. I am to obferve, that, great Part of the neceflary Witnefles are noW together, and under your Command ^ But, if I am t6 wait for the Determination of the Lords t^ommiffioner's of the Adhiiralty, thiey may be fo fepa-*' irated as not poiBbly to be collected. I hope to be (^< i'oured with your Ahfwer, and remain^ ^r. Sigi^edi J. CROOKSHANKS; To Charles Knowles, Efqj ^c^* The Admiral read this Letteri and feepied a- while tf ^onfider of its Contents 1 aftef which, He asked Captaiii CrocifiltanJts, *' if it would not be tequifite to wait for th« ^' Return of the t.arJt to fanm^Hy before the Trial came ** on " The Capt^id ^nfwi^red, ^* that it certainljf '(> would i as qiany of the Witnefles were on Boar4 ''* that Ship." Vpon which the Admiral anfwered^ ^* that as the i^k was oiit on a Cruize, it would be unnen " ceflary tb give Orders about the Trial, till her Re- ** turn :" and he defired tQ fee Captain Crookjhankt^ again. At the next Interview; the Admiral tpid Captaiii Crookjbanks^ that, *^ he had asked the Advice pf the At-^ ^* tomey-Genetal of ^anmea\ who was of Opinion^ M that it was not Ui his (th^ Admiral's) PjBfrer to bring; i^ P2 *« Captain 'f/tf ^"^ /»>■■' ^ *^^ji)** Cap'iin Erjkint to a Trial ; however, to be more ** certain of what was proper to be done, the Admiral *< (aid, he would fummon the Giptains, and ask their •• Opinions." Some time after. Admiral lOuwIes, then acquainted Captain CrockJbank$^ *' that having ajktd tbt Opinions ** 0/ the Captains^ they alfo ibougbt he eould not bring *^ Captain Mrskint to Trial." Upon which, Captain Crook/banks applied to the Captains, and asked their Sen- timents on this Subject ; defiring alfo to know, if they had been J^okeH to by the JJmral? They all declared^ *< they had n' <* tnent to fay, that Captain Erskine ' ought to anfwer **for his CowkSl at a Court Martial." When Captain Crook/hanks waited on the Admiral, at another Time, the latter feemed to exprels a Concern, ** that he had not ordered Czptzin Erskine to be tiied be- ** fete i fmce, in cafe he (bould now order his Trial, it *< would be judged, that he took that Opportunity of ** (hewing his private R^ibntment ; as it was now pub~ ** lickfy knounif that he had great Reafm to be offended at ** Captain Erskinit Behaviour towards him." How- ever, the Admiral dofed With. Capuin Crookjbankt in Opinion,. '*< that Captain Erskine, himfelf, Jboidd de- « SIRE to be tried;" -• , i ;.->"' That Captain Erskiin'e ^i^lit not pretend to be I^oi* rant of the Complaint laid a^inft him, CapUin GrMi- fianks (ent him the fallowing Notice. y-^-j --^ ' ■ ; ; /-^ubb : ** Port-Royal in yamatca^ SIR,' , j|^/i3vi748. HAVE been often asked, if J had made ^ Complaint againft you to Admiral Knowlesy wbAth ^ints out toioe it has been a Secret to (he World, ^ ■ though I ^ diough I hope it has been ftone ta yoir. Yet> in feat of Accidents, I afltire yoiH under my Hand, / htami and in fuch Terms as Will gnStfy prefudic* your Reputa*' tion, if yod, your own felf, do not foHcit, and' ifi the moft reiblttte Manner, to be broi^ht to a Court Mar- tial ; when, and where, I advife you to endearoor, by all jufl Methods, to acquit yourfelf* am. ^c. A/ l/^c. ^'e i *, 7 Signed) J. CROORSHANKS* To Captain Rohm Erskint, Commander of hiS) Majefty's Ship Canttrbury," r The Admiral infinuated to Captain Croakjhanks, " that i *< Captain Erskine had been the firft Complainant ; and j ** that it might, therefore, be irregular to try him." But as ' / 1- }^ Captain Creokjbanks could not fuX to obferve in Mr. ^ A/t*^'^ . r\ KmwiUi fuch an undetermined, and evafive Manner of ^. fpeaking, and ading, in this Affair, he refolved to com- I mit to Writing the Reafoning znd .Queries here under V|nentioned.> which he delivered into the Admiral's own Hand on the aift of jipril^ I74S> '* Mr. ^^i&m/x fufpended Mr. Lejiock^ fent him Home* and» (as I believe^^ only acquainted ^e Lords of the Admiralty, in general Terms, of his Mifcondu^l : Mr. Alatbews then knowing he was ibon to be in Eng- imd, *< The particular Charge againft Mr. Lejlock was not drawn, nor was he ordered to be tried, till long after file Examination before the Houfe of Commons. **Mr. Ahthews was afterwards ordered to be tried* on Articles of Complaint to be exhibited ly Mr* Lef- tuk:* A\ /' ^eiy. ■nm i: iko i 4 ^utrj, — «< If Mr. Liflock had been fentenced iii Dc^i or i>ther ^iinifliknent» inftead of being acquitted^ -^ slould it have prevented Mr. Ms*hewh beiAg tiied ? ^^/ /f'Ue^ «( Captain Efskine^oit away a Complaiilt a^nft me; ^wry,'^K it Ihoiild be attended to» before I had Op-^ portuni^, or had been ordered^ to make a particular Reprefentation ? ** As it was determined I (hould be tried firft, thotigK Senior Officer, my Defence abfolutely required a * Re- CRiMiNATioK. It was pointed out in the ftrongeft Manner in my Letter <^ the 4th of f Septembc/ ; and though it may not be the Prai^ce in Common -Law- Courts; yet, as Courts-Martial are underfttjd to be Courts of Equi^, (and Caufes cognizable before them^ bei.ig fubjedl and liable to Gircumftances that cannoi ^of- fibly happen in Land-Difputes,) it is conceived, it may be admitted in particular Cafei : Howevet^ it b prefumed, that my firft Letter, % of the 2 ill: of July^ was a fu$cient generid Complaint^ which arrived at Lowjburgh oh or about the the 5th bf Auguji- ** My Order to repair to Lovifburgh, to anfwer iti my Otmdud at a Court-Martial, was dated the*^ 15th of Augufti thottgh the Warwick did not arrive tiU the i8th. '* My firft particular Charge ^d Articles of Cofti-^ plaint, againft Captaiil Gvu^Mmii^if bear Date the 3d of Fehvary ; which wis the Day the Judge- Ad- vocate acquainted the Court he had fini(hed the Crown- Evlttenct. * The Word RtcrimnatioH has been much cavilled at, and may be improper: However, the Conduft of the two Ships was fo comflkaud and interwoven^ that it was impoffible tA judge of :he onei without aiking Queftions regarding the other } which was the TUttg meant by tiie Word Rttriminatieii 1 and it is prefumed will be fo underftood. t See Page 35. J. See Page «9. •• f ^ Page 33* ft Sec Page 101. w ^ V ' a/'i^f— z A*' *- /it ^« * t^-. rt / ^*«V/i 'Ot^f* V0*- A^r»^^/'\f^/ • f I" } Evidence. They v^ere fent, under the San^Q of ^^|K ^in Rentmis Opinion, for the Regularity of the Pro- ceeding ; as he then quoted the Af&ir of Mr. Aiathews. and Ltflock as a Precedent, The fame Articles ^ere * repeated in a A^bfeqHent Letter, and reffhed to in a third. ** Although it is publickly known, that Admiral Knmles has the moft ftrong and juft Reafons to be angry with Captain Ersiine, for his unfaithfkl and un^er-Uke Bt" hqTfipur, on a certain Occafioa; fhould the Advocates for Captain Er/kiae, fay, ** that Pique or Spite have en- (( gaged Admiral Knosvles to lay hold of an Opportunity ** to bring him to a Court-Martial :" may not Captain Crotkjbmksy or his Friends, siore reafonably fay, *^ the Admiral feems to favour the Interejl <^ QzftTixn Erjktne^ at the Price of Captain CrooiJhanki*s Hemury in not bringing him to a Court-Martial V* ^uery. — " If a Commanding Officer is to pay the leaft Regard to private O^initmsy in a Cafe of publick yu/iiee ? Tor Captain Erskine is accountable to his lUiig and Country^ for the /// Behaviour with, which he ts charged. ^tery. — ** If there is an Inftance of a Military Man that had due Regard to his Reputation, and was con- ^ yinced of his own Innocence, who, after having re* ^ated Notice, by different Methods, that his ConduA Was formally arraigned, did not Jlrenuoujly folicit and in- jyi upon having ^^ fpeediejl publick Opportunity to endea- vour to acquit himfelf ? *< Thefe few Reafons, and Querjes, have been fuggeft- ed, *^^s to whatever Neceffity (as you fay at the End of rA^^^ '^'^^'jraur Lift of Queries) you may be drawn into of men- tioning my Name, upon this Occafton ; you have my Leave, to make fuch ufe as you think proper, being in- clinable to do you the Juftice to believe, you will adhtrt toTruth,^, I am, SIR, ■ ■^, . Yourmoft humble Servant^ Signed, CHARLES KNOWLES. To Captain Crookjhanks** Captain Qjiery. Were thofe Letters tranfmittcd ? }^a/. a / V/L^f* *<*4^' rr-^9—^ 7 f "3l t the up- /7. /t Captun Qrnhjbanh returned the fallowing Anfwer to fliis Letter. ^< KlniJUm^ in ^amaUa^ S I Rk 4 M 28, 1748. AFTER ackhowled^uig the Receipt of your Let- ter of the 26th, it can ohiy remain for me to defire the Favbur of you, that, in- Addition to niy Let- ters you propofe fending to the Admiralty, you will be pleafed to order the Judge-Advocate, to t nfmit, by the firft Opportunity, the Refdves of the Members of ^% my Court- Marjial ; als likewife the feveral Depofitions applied for by mc» to be taken* in feveral * Letters to you and him. Captain Dtnt has been fo kind to offer mie the Wei* come of a Paflfage to England in the Plymouth \ and j as* I think I ought now to embrace the fiift Opportunist I alk your Commands, and am, ^u fiigneoj^ JOHN tRbOKSHANkd. 1^0 CharUi KnowUs^ Efqj" After the Delivery of the above Letter^ to whtck Captain Crook/hanks received no Ahfwer, he faw the Admiral* who then acquainted him, *' that he intended to change tlapt^in Erskine to the Command of thd Mil* fhrdy and'feAd him home." Upon this Intelligence* Captain Crooijbemkt wrote the following Letter to Ad« Jliiral Knowks, 4 ^^mngjlm^ /^^/l • See Pugpr loj. ^V * 'U^Ji->.^':'f^.,mIk».:iui. 1 1. jgigi*.i|j.iippp7n9ni|i t"4] / t P ./<^>«^« « KmiftoH^ M»f *, 174S. SIR, I SHOULD havt been better fatisfied with my own Opinion^ if you had efteemed yourfdf fuificient- Vf iaipoweried and authorifed to order r. Court-Mardal for the trying of Captain Erjkine^ on the fiveral Articks •fCmfimra as you have thein> fet forth, by me, agulift him. As you propofe very foon to fend Captain Ertking Homey in die Command of the A^l/ord i the only Me- thod I can have Recourie to, for ftill endeavouring to do my Kingy nly Countiy, and myfelf^ pubUck Juftice« is^ herein to fend you, agreeable to your own Defiret a Lift of fach Evidences, as, I now can Judg^ may be abfohitely neceflaiy ; provided my Lords Commiffibners i6f die Admiralty, ihould be (deafed^ to ordef a Trial, on my Application to them after ifty Arrival in Eng&md, as you feem to think they would, whhh I lafi waited on you, I am, fJc» Signed, JOHN CROOKSHANKS* To Charks Ktiowles^ Efq^ f^c. -rl 'V» 7 ^^. B, The Lift of Names of fuch People that Captain Croa/^nks required, as Evidence^ was . (ubjoined." The above Letter was delivered fo the Admiral bjf Mr. FftughMj who aflced him, ** if* he had any Com- mands for Captain CrookJhanhV* But, as \liu Vaughan reported, the Admiral, inftead of giving him an An- swer, addrefled himfelf to feme other Gentlemen in /',,at •« talin Care to put a Spokb in the WiifiBl.** — ^ Xi/^ The Plymouth, Captain Dighy Dentf fyikd from ^- maica, on the 17th of A^' 1748 s on Board rWhich Ship Captain Crook/hanks came Home Paflenger, .aiid ,ar- .rived, on the 3d of July, at Port/mouth j from whcVRCP he immediately difpatcbed the following Letter, (o^thc Se- ^ . • ^ er^ary of the Admiralty. J^/ e*"/^ AM?/'*"'' *^h «« S I R, Pi^fmuih, jMly 3, 1748.^^^ y^f^/^ I AM to beg the Favour of your gpod Qififces, to «>j,^ ^t^Ayr*//A prefent^ that 1 ihould have taken the earlijc^ Op- ^ ^^ x ^ ^ d portunlty, after ^y Sentence, to have addrefled nay-vC) /L » H tlf to their Lordlhips from Jameica, if I had not beeA*^*^''"^ "' led en to expe£l that Admiral Zaowles would h^ve.Qideoe;dj^;^|i!^PrV' //< Court-Martial to be held for the Trial of Captain JErAiKw,^^^/^^^,,^^^^] on the feveral Articles of Complaint exhibited, by me^ , J[^j'_ _ ^ ^ j >J^/i ii^^y^^i againft himj which were firft delivered to Mt.^JOiowlei, immediately after the Judge-Advocate acquaiotwl the*''^ Court he had finiihed with the Crown Evidence, on/^Sy^r*^^^^< my Trial. As the Admiral pronounced this an vrre"/^ y^>^« gular Step, I fet forth the fame Articles, in a fecond Let- ' . * ter to the Admiral, after I received my Senfe^ce wi ih&V*^^^^^*'^''^ 5th of February laft. ^9^^^*^/ /A^J It was humbly conceived,^ that Commodore KvawUiM^^f^ ^7'**'^ would have underftood my firft Letter, of the nfto^") ^.^ / July, (Copy of which you have already inclofed, witlr^ ^ ' ^■ the Abftra£t of my Journal, tranfmitted you the i6t^/' C^<*f/f^^/' of Augufl {torn Newfoundland) as a fufficient Gi^un^/^'^«?r^^/i'r the Reafons I now acquaint their Lordihips with : That moft, or all, of the ncceflary Witneiles were then together, and under his Conunand : That, by my being under the Neceflity of waiting for their Lordfhlps Determination, and then at lb great a Dif- tance from them, the Witneifes might be fo feparated^ as not pofEbly to be collected. Th^t Captain Ersk'me negle£ling to follicit the fpeedieft Opportunity of endeavouring publickly to acquit himfelf of a Complaint againU him, I con- ceived, might alone, give Caufe of fufpicion, that he tuas {^njfious iff having been guilty of what would not har the Te/l of an J^nqtfiry. That, as an 0£|cer, he was accountable to his King and Country, for the ill Behaviour he is charged with } which was a fufl^cient ^otive for perfevereing in my Requeft of having hiin brought to Juftice: But that it was ftrengthened, by conildering alfo, that it would tend to enable me, in my Endeavours, rea- dily and obvioufly to exculpate myfelf from every Tittle in Captain Ersiine's Charge againft me. The Admiral was ple^fed to fay, he would fhortly (end Captain Erskine to England^ in the Command of the Milfordi \)ut that he would difcharge all fuch Witnef- fes as I ihould give hun a Lift of} a^d accordingly I delivered him one. I am, &r. Signed, JOHN CROOKSHANKS. To Thomas Coxbett, Efq-;* Mr. ■■■ I "8 J Mr. Corhett wrote the following Anfwer to this Letter. Jdmrabf-Offict^ Jufy «SIR, 5, 1748. I HAVE received, and communicated to my Lords Commiifioners of the Admiralty, your Letter of Yefterday's Date, defiring a Court-Martial may be held on Captain Erskincy for Mifcondu^fc in the Ute A^on with the Gloriofoy and Copits of fevtral Papert, in Order to make good your Charge againfi him : And I am com- manded, by their Lordfhips, to acquunt you, that, if you had defigned to have brought him to a Trial, for Mifconduffc in the A£Uon, you ought to have APPLiEn ABROAD, in proper Time, to your Commander in Chief; but not now, ajier your Condemnation^ wbtebpro' feeds from a recriminating * Temper, Their Lordfiiips £uther order me to let y«i know» that your Name is Jiruck out of the Lifi rf Captains j and that you are not to look upon yourfelf to be confidered as a Captain in the Navy. I am, SIR, Your very humble Servant. Signed, THOMAS CORBETT. To John Crookflianks, Efq-^* The above Letter was fent to Port/mouth : But Cap- tain Crook/hanks had fet out for London before it came down, fo that it did not fallintohis Hands till the 15th of July ', and, on the 26th, he fent a Letter to Lord 4nfon, wherein he acquainted his Lordfltipt ^^Thai f Sec Pagjt no; (C iat I "9] * ^ That it was his ill Luck, and not his Fauftr, to have '*< furvived many Friends, fo as to have few left in a ** very diftinguifhed Light, and thofe perhaps little or '* not known to his Lordlhip. That the Refle^on was ** alleviated upon this Principle, which he hoped would ** never leave him, that it was only his oum Tajk, t§- **^ acquire^ maintain^ and defend his own Credit j more cfpe- <* cially in a public Calling. That his Character had been *< tnduced, and blackened, by the vileft Arts, and moft ^* bafe Infinuations : And that he was, in great M«afure» <* a Sacrifice to popular Cry, raifed by a few defigning **< bad Men, was what he had been too plainly con^ ** vinced of, and in the fevereft Manner. '' That he fhould be unpardonably wanting to himfelf, ** not to addrefs his Lordlhip, as the Means to feek and ** obtain Redrefs of the Grievances and Misfortune he ** had fuffered, when he might be found to deferve it ; ** declaring, he fliould efleem it next to ftabbing him- ** felf, to offer to impofe upon his Lordflnp, or to gloft ** or eonch a (ingle Circumftance." And fiien Captain Crookflianks addrefled himfelf to Lord Ar^m in thefe Words : « I conceive. Mathematical Truths cannot be ex- <* plained aw:^ by Words ; and I have learnt to hope* <* they will fooner, or later, glu^e through the dark«ft «* clouds. « With Regard to the Attack of the Gloritfoy I had ** formed a Plan <^ Operation, if not a good one, the ** beft that occurred to me, and which nothing but *< Captain Erjkini^ managing in the Manner he did» « could poffibly have prevented me putting xealoufly iii ** Execution. It was not in my Power to command ** Succe& : But, I am confident, I fliould not have la- '* boured a Minute under the Sufpicion of not having " tried every ^ort in human Power to gain it ; fic(^ *< for the Honour of his Majefty's Armsj and next, for •* our ■A. [ "o ] " our own Credit and Profit. HerCyReafon and Indinatioi *^ join and force me to requeft a Favour : It is, that your ** Lordihipwill be pleafed to grant me,the/itiui^Mc/^0>f^ « a Siuarttrofan Hour of your Leifure ; when I hope to ** demonftrate, how far I conceived myfelf to have been ** right with Regard to the Attack of the Gleriofa } and <* to fumifh your Lordfliip with (uch Matetials, as may ** more readily point out every Circumftance. ** I have ftru^Ied againft vaft Difficulties, and a ** Torrent of Prepofleffion ; yet my Spirits could never ** be the leaft deprefled. My Confcience was, and is, *< clear; my Mind free and eaiy j from a Conviction of ** my Intention to have performed my Duty, as became <* a Man, and an Officer, to the beft of my Judg- «« mcnt." Captain Croekjhanh^ a few Days after fending this Letter, waited upon Lord Jnfon at the Admiralty, and opened his Reprefentation by faying, ** he laboured ** under the Misfortune of being fufpended his Majdly's *« Service, during his Majefty's Phafure** His Lord- ihip inftantly, and warmly, replied, '* he ielievtd that ** wotJLD BE FOR-EVER ; and that it was verV ** HAPPY for Captain Crock/hanks to have been tried <* Abroad ; fince, if he had been tried in England, his ** Lord(hip was convinced, he fhould have met with *« another Sort of Fate,** This excited Captain Crookjhanks to fay, ** he was vtryfurt of the (ontrary ; and that he had *< no Manner of Doubt of being able to demonftrate the ** Severity of his Sentence, and confequently that he ought **■ to obtain Redrefs." His Lordfhip then aiked Captain Crookjhanks, ** If he expeded any Favour through the ** Admiral^ ?" To which the Captain anfwered, <* he « did form fuch Hopes ; and to have his Lordihip's ** Countenance in particular : But only expe£Ud it, when *' he Ihould be able to clear up every Douht that might remain cc [ lil ] « remain in his Lordflup's Mind relative to his Con* ** du£t } and, in fuch Expe^tion, the Captain faid, ** he (hould wait with the great A Deference and Re- ** fignation -, fenfible, that it might require Time, as he ** was too well informed of the Indujiry and Pains that ** had been taken, not only to fow private, but popular ** and general, prepofleffions againft him." His Lord- ibip then told Captain Crook/hanks^ " that his own firft '* L'tfutenant had wrote againft him." And the Cap- tai.1 replied, that " he very well knew that Lieutenant '* had fathered a Letter, which, he had been informed^ '* had fallen into his Lordihip's Hands." Captain Crook/hanks then produced to his Lordfhip a Draught of the Engagement, as hereto annexed ; and took that Opportunity of fhortly defcribing his Scheme of Opffration. Lord Anfon then aflced him, ** Why ** he thought it neceflary to get to Windward ?" And Captain Crook/hanks gave him Reafons, which his Lord- fhip neither exprefly approved or difapproved j but told the Captain, ** he had loft a very fine Prize.** Upon the Clofe of this Converfation, Captain Crook' Jhanks took the Liberty of obferving, " that the Refolve* *• and Sentence^ implied only an Error in 'Judgment** But his Lordfliip faid, " there was a great Difference •' between a rash and a cautious Error in Judg' " TTMt." Captain Crookjhanks wrote the following Letter to Mr. CUvlandi Secretary of the Admiralty. "SIR, London, Auguji 14, 1 74 J. IN my Letter to you, of the 3d of July from Portf- mouth, I prayed their Lordfhips to grant me feveral Requefls} and firft, a Copy of the Refolves of my Court-Martial } by your Anfwer to which, I am in- R ftruaed ^^mmmm. I >»» 1 ftntded that their Lordflup* weM of C^nion, that I wanted foveral Papers, in order to nuke good die Quurge againft Captain Ersiiw. 1 beg you to afliire their Lord- flups, that my Intent was only to be enabled to (hew, from an authentic Paper, wherein I conceived myfdf to have been treated with Rigour, when they might be pleafed to give me Leave. ** The Refokesy I apprehend, are the Court's Reafons for the Sentence they pronounced againft me, or a Part of the Sentence ', therefore, humbly beg their Lordfliips will be pleafed to indulge me in having a Copy of them. It fo nearly relates to, and afFefls, my Honour, that I can hope their Lordfhips will not blame me for this Importunity j efpecially, as I beg Leave to declare, that I am morally certain I fliall be able to (hew, that the Warwick'^ being tacked^ to Jland from the Lark, and managed afterwards in the Manner Jhe was, could only have been the Caufe, or have given the leafl Opening, for my perfonal RefolUtion or Conduct being called in Queftion, and to have long (iifiered in the Manner they have : But I hope to clear this up to their Lordfliips Satisfaflion. Signed, JOHN CROOKSHANKS. To John Clcvland, £fr»" « Mr. Clevland returned the following Anfwer to this Letter. *''• Admiralty-Office, «« SIR, 16 Auguft 1748. IHave received, and read to my Lords CommiiBoners of the Admiralty, your Letter of the 14th Inftant, defiriiig a Copy of the Refohes of the Court-Martiali held «c ■\ i^«iU|iinnnnnniHiMiHippp|gB| "■■'"^aM ^t^A \a*f >ArA held on Board bis Majeftjr's Ship Ctrttwally in Port'* Royal Harbour, JtMu^a^ for enquiring into your Con- ^ dudi and am colnmand«d;| by their Lordfhips, to itvAj7/^-a*^ /^^/j4 yoa the Copy you defire. L^i^A/^j^J^aia/r^ »,l,/u Thus Captain Crooijhanks, at laft, obtained a Copy^^ ^ — -r-- of the * Refolvbs, for which he had been fo long {o\\\/^^J^^**y citii^, both at Jamaica and in England: But thefe Re* folves were very different from f thofe made in the ^ \ Court-Martial, and were as follow ; /i//^^4, «* COPY of the Rtfolves of a Court-Martial ^i^T^A^ «« Captain Crookjhanks. /mJ A^ .^^^^ " R'fil'oed unanimoujfy, Afa./A£^ «* That [// has appeared, by the Evidence given, to ^^^/^^.h^jC, /^ ^* doubtful whether Captain Crookihanks was within J <^' / •* Fnita Blank Shot, when he fired at the] Enemy*" Ou ^: « R^olved unanimoufiy, /:C/^4$^/^^,;^^, •* That Captain Crookjhanks did not [relieve or} affift >i^. / y_ *• the Warwick, during the Engagement, [/« the Manner «« he might have done :] but do not think him guilty of^^****^'*^'^ ' ** That Captain Crookjhanks adled imprudently {in ** ftparattng from the Warwick, whilt Jhe was engaged •. '- • Sec'*]p. loy; R * t See p. 94. 41 wi tb \ ♦ v^ ^•pippMnn »PPI»H ;^^^^yir,^^j»-iCwi/A //&/ £Mi»)f, upm tht cmtrary Tack, and thtrehy rs. yjf •* incrtafing his Diftame from them, fo much} before he r* Lea. J /^-»/**^«« tzxkcd [tojland towards thm, that he put it out of 14^ A /Cz ^*^A«< hii Power to get up to relieve or] affift the Warwick i^ne/^^ ^^t-Ul'fire the^ Engagement had reafed', by the Warwicfs " kfing her Maig Top-Mq/i, and being otherwife much £f- •tr^^ ^ » '^^^^ '" ^'^ ^J^^i 3^ ^ ^^ is to be found in the original Refohes, as taken down in • \^ jpourt, and fet forth in P. 94. ' *^^^\\ It appea'-s, that Captain Crook/hanks appKed ♦ to the tV /!> /»*^^*»*'<^^udge- Advocate by Letter, and afterwards to the Ad*^ r^^^^j^^X- w^^f*'* ^^ i/btain an authentic Copy of the Refohes ', iJ y^^^^f^ ''/u*Jf^ ^^^ r^{/^'y^^ foregoing Copy of Refohes, fiom the Secretary of the r^^^ifjt^ ttf^Ax^ Admiralty, he was no longer at a Lofs to difcover the '^/^i^t^jS/^^* Heafon, why he was not furniflied with them at fa- ''^ At,f^^trk>0>/- maica. If a Copy of thofe Refolves had been granted •while every Thing was fo frefli in Memory, who would // AAve dared to altc: and adulterate the Records of the Court? It was therefore refufed, thst falfe znd Jpurious Refohes migl}t bcf impofed on the Lords of the Admi- ralty, with Hopes of being undete£fe4. By comparing chefe, with the real Refolves in P. 94. wrote down im- i^ediately from Minutes taken in Court, it will dearly ^ /;CL^M*^^*^ ^--^/^^e^i/Z^f appeal. A *.i«/V'*»- 'f? l.^Xrt.7 i^-c^Mc-V /#f.^ »y Tack, towards, and venr near up to, the Enemy ; both Ships carrying every Jncb- of Ciinvas that could be fet by the Wind. «■ Captain Erskitu, judging for him/elff (as appears fince, . ; hi$ Dwn Confeffions in different Shapes) * ordered the j^w'/'k to BS TACKED } in doing which, he /red j'ojfi C>4h'! from his Starboard-Side, whofe Shot were feea tc »"all in the Water, and f far jhori of the Bnemf. From this Period of Time, to that of their coming to Adion, was near an Hour and a Quarter. The Enemy followed me under a flack Sail ; while I carried a prefl Sail, in Order to gain the Wind of him, in the kaft Time poffible ; untill he faw the Lari far enough diflant| * Without any Signal, or DirefUon, from me. t In his Charge againft me, he confeiTes the Order of tacking ; and fays, I fired at too great a Diftance, or without Point-Blank-Shot ; though it is in Proof, that he fired at a much greater Diftance than jne. M [ 128 ] diftant, to crofs him a-head upon tacking, of which he could judge as well as myfelf. Then he, feeing the ffarwicA as far, or farther, diftant from him, a-fiem and to Leeward, wore; and, foon after, hore awayj preffing Sail to meet the Wanuick^ at the greateft Extent of Diftance from the Lark^ to bring her to a feparate Engagement; in which he but too well fucceeded. The / *' "vas tacked, and was fteering dire^y after the Enemy^ ,ing away full Half an Hour or more, before the Enemy met the Warwick, I beg Leave to obferve, and am in Hopes it will appear, to their Lordihips, that if the Enemy had prefled Sail after the Lark, on the Larboard-Tack, by the Wind, inftead of wearing and bearing away to meet the Warwick, that he would have brought me to a feparate Engagement, inftead of the Warwick, who, by ftanding from the Enemy, and extending his Diftance a-ftern, more than I did a-head, would have put it out of his Power to have overtaken and fuftained the Lark in A£lion, till, probably, after ihe had met the Fate the Warwick did, in having her Rigging and Sails hurt. *' As to the Reafons of the Enemy's efcaping, or the Warwick's ceajing Jiiien, I do not in the leaft recoiled the Court-Martial made them the Subje£l of a clofe En- quiry : But, on the contrary, I received fome Checks from the Court for offering to enquire into Captain ErfkineV ConduS ; which I imagined allowable, as it was certainly neceflary to the clearing of my own Condud in this Affair ; and I had no other View in it, than that of doing myfelf Juftice, and fetting of every Circum- ftance in a clear Light to the Court. Yet, I conceive, it is in Proof, that, after the Enemy met the Warwick, and brought her to a feparate Engagement, they kept before the Wind under a Prefs of Sail : And alfo, that, at the Time the Warwick ceafed ASfion, neither her Tiller, Rope, Wheel, Rudder, or Helmfmen, had received the Uaji Damage : It might be imagined they could therefore have fteered fi^mmm mmmm [ 129 ] fteered her, and brought the Ship to the Wind, with her Head to the Northward, if it had been ordered. I am, l!fc. JOHN CROOKSHANKS." Captain Crook/banks received no Manner of Anfwer to this Letter : And, fifteen Days afterwards, he fent the following Letter to Lord An/on, «* My Lord, London^ Sept. 10, X748. I HUMBLY beg Leave to offer to your Lordihip's Perufal the indoled Copy of a Letter to Mr. CUv- land, of the 26th of AuguJI 1748, which I fhould have deferred fending, had I not feared Cenfure for being tardy ; and could not learn, with Certaint}r, when your Lordfhip might return to London, I can only form Hopes of fucceeding, from your Lord- fliip's being pleafed to take my Cafe into your Conftdera" tion. It gives me the greateft Concern to be in Necef- fity to diflurb your Lordfhip a Minute, with a SubjeA that I know to be of the moji umve/come Nature > as I firmly believe. Time will fet this unlucky Affair, in a different Light. It is a Difadvantage to me, if I am fuf- pe£led to have a Difpofition fond to complain, * recri- nanatey or caft Refle£tioa on any Perfon: But a fair Reprefentation of Fa£isy fuch as I may unavoidably be called upon to make in my own Juftification, I hope» will not be interpreted againfl me ; when I only wifh, and mean, to recover, what, by many, I am fuppofed to have loft. When I had the Honour of waiting upon your Lord- fliip, you was pleafed to obferve, the material Difference between a rajh and a cautious Error in fudgment : I, there- fore, afk Pardon for repeating, that I chaced the Enemy S forty • See PiTff 1 : 8, ilpi mmm C 130 ] forty Hours ; twenty-four of which were quite out of the Track of my Voyage : Sixteen or Eighteen before I eatni a- long fide of him,' I knew certainly his Force, and fuh' mittfd myfelf to be complained of, and broke, for NegleSf oj my Convoy, Order, and Ihflru^ions. Mr. Craig, the firft Lieutenant of the Lark, in a very particular Manner, in the Afternoon before our over- taking the Enemy, took Occafion loudly to fay to me^ in Hearing of the whole Quarter- Deck, ** That ♦ ho *• thought every Officer and Man in the two ' s ob- '* liged to me, for giving up fuch a Point, to 're the " Rifque of giving them Profit." After the Ai£Uon, and even after my Sentence, his declared SentinMntt aft very publicly known, in Regard to the Coftdu(SI of th« IVarivtck ; efpeciaily in Point of Tacking t9 ftaiid H fht Lark and Enemy without Signal, I am hopeful to obtain Leave to wait upon y^ur Lord* fiiip, at fomc convenient Seafon ; and, as I ought to be cautioub to trefpafs on your Time, I do not venture fer- ther at prefent, than to fubfcribe myfelf, (^c, J. CROOKSHANKS. P. S. As I am uncertain if the Complaint I made againft Captain Erjkin^ has fallen under your Lordfliip's View, 1 have llkewife inclofed a Copy. To the Right Honourable Lord Anfori.** «( Captain Crookjhanks readily perceived, that the Letter wrote by Mr. Craig, had done him moft efTential Preju- dice in the Mind of Lord Anfon ', and as he had imme- diate Intimation, upon his arrival in London, of the . Channel thr'ough which that Letter had been conveyed to his Lordfhip, Captain Crookjhanks thought it very ma- terial to afccrtaiii the Truth thereof ; for which Purpofe he I A] re tions fet fcl 1748I their • See Page 9. 1^)11 in n.^um^mmjut'^^mmil^ e [ 131 1 he deiired a Friend to introduce him to JVilUam yldair^ £A]'^ to whom he related all he knew, and had heard, con ;rning that Letter. Mr. ^dair very frankly ac- knowledged, ** that it had fallen into his Hands ; and *' that he had carried it to Lord Jnfin, as a common ** ?iece of News j but without any V iew to do Preju- '* dice to Captain Croeijhanks j ilnce he could have no ** peifonal Motive for injuring a Perloio who was an entire •* Stranger to him." Mr. Adair agreed, in what Captain Crookjbaaks was very Aire of, that Mx. Craig was incapable of Craming fudi a well wrote Letter. Captain Crookfiianks then faid, ** that, as that Letter had certainly made fome difadvan- *' tageoNs Impreffion on Lord Anfon^ he ihould take it ^ as a Favour, if Mr. Adair would endeavour, as far ** as might depend upon him, to remove it." Mr. Adair afTured him he would : But faid, " if Captain Crook- *^fl}anks could clear up a ctrtam Maritime Pointy which «* he could not undertake to relate, as not being a com^ •* petent Judge of the Subject, he believed it would en- ** tirely alter his Lordfiiip's Opinion in Regard to his «« Cafe." Captain Erjkine was foon expected from famaicai therefore, Captain Crookfiianh deferred any farther Appli- cations to the Board of Admiralty, till his Arrival, which happened fome Time in December ; and, on the 3d of January 1749, Captain Crooijbanks wrote the following Letter to the Secretary of the Admiralty. ■m "SIR, I AM under the Neceflity of defiling, that you will reprefent to their Lordlhips, "he repeated Applica- tions made by me, heretofore, to Admiral Knoxvlcs^ as fet forth, in my Letter to you, dated the 3J cf July 1748, immediately after my landing at Por/y;w5«//^, that their Lordfhips may be fully apprized, that n. thing was S 2 r.crjccled [ 132 1 negle£led on my Part, in Order to havoa Court-Martial appointed by the faid. Admiral, for the Trial of Captain Erjkiruy in the WeJi-IndieSy whom, I did tben^ and da now J charge with dijebedienty unwarrantable Behaviour i and by whofe ASfmanagementf both as an Officer and a Sea* num, I think it will manifejily appear ^ that our Attempt ta take the Gloriofo proved unfuccefsful. As Captain Erjkine arrived lately from Januiica^ in the Command of the Mtlfordy it will not, I hope, appear unfeafonable, that I renew my Application at prefent; and humbly pray f that their Lordjhips will be pleafed to or* der Captain Erflcine to be tried, upon the fame Articles of Complaint I exhibited againft him to Admiral Knowles, at Jamaica, pofterior to the Declarations I had before made, to the fame Admiral, to the fame Purpofe and £f{e£l at Louisburgh; and of which, / had no Reafon, at that Time, to be in the leajl Doubt, but fo warrantable a Demand would be granted and performed^ if not in Re- gard to me, at leqfty as I thought, in Regard to himfelf and Captain Erfkine. Their Lordfliips will readily forefee, that fome of the Witnefles, neceflary to make good my Charge againft Captain Erjkine, may poifibly be abfent, until the Re- turn of the Ships they were in from the Wejl-lndies -^ though Admiral Knowles, at the Time I left Jamaica, upon my delivering to him, at his own repeated Dejhre, a Lift of Wimefles, I intended as Evidence at the Trial of Captain Erjkine, was pleafed to fay to me, " that •' he would take Care they Jhould be fent to England j** which, probably, the Exigencies of the Service alone may Jiave prevented. I have no other Motive for this Requcft, than what I know, and am very fure, is perfeAIy agreeable to their Lordfliips Intentions, of holding up the Dignity of the Ser- vice, by fuch Enquiries as will be a conjiant Terror to the tnojl I \ ■Ilppl9*««p*'""'"'^ m^mmmmmiifiiiiiim!!^^ I ^33 i fAf/i unworthy, 0td a Security to thoje only who art trufy tapable, and do their Duty regularly. I I am, ^c, J. CROOKSHANKS.- This Letter was anfwered as TqUows: ^ [ Ui 1 ' <* SiK, The Court do, by an unanimous Refoire, ACquiT you of the Sufpieion of Cowar£ce^ DifaffeSuH^ or the ff^ant of Zeal. " As the Hurry of the Squadron to go upon an Ex- pedition, and many Incidents befides, might occafion ^ me to forget to demand a Copy of the whole Proceed- -^'^' '^'-^ '^^ ings of your Court-Martial j I will not undertake, from '^^ '^"^ '"^^' my Memory, poiitively to y&y that they are, Wordfor ^'^"^'^'^ '^^ "^ Word, aU the fame diftindk Refolves that were agreed to ^^^^ /^/Oi^f^» by the Court, and read to you as fuch, upon that Occa- y^yy /^^h ^-^ Substance of what luai draiam up^ and agreed to, uii-j^9t^^/V;.^«/i.9 v dcr my InfpeiSlion, and that of the other Members com-^yj^/^;^^ ,,,^ A pofing your faid Court-Martial. I am, SI R, Your moil obedient humble Servant. Signed, /^^t-. /Ca*^^"^' DIGBY DENT.'" Jfl John Crx>ok{hanks, Efq'y* a.'C^< t / ■-'-' »/-. The fixth Refolve, mentioned in the Prefidem's Let- u>~^. .^A^*, blended with another Relolve, leaving out the Words / Want of Zeal / if the Refolves fent to the Admiralty could be fuppofedv^/fcc^ genuine, would it not then be furprizing to obferve, that Members of the fame Court, who could i?rOT<;-A/^' ^ '/yf^^^/fr^r^^^^^^'^'* *® -^^^ di^iiot tack, and ufe her beft En^ ^^ deavours to join the Warwick, as foon as the Ghviofa boro y • /^' awav, tpwards^the ^f^r«//Vi ? ^ ^ r-\ ,Wbeth<;r, %hc Hf^arwick, feeing the Zflf^ coming to he!!> ^ « y\iinftance, ought not to have continued the Engagement^ ^asflie h^ rsc^ived no Pamag;eriiat could prevenvit ? -^ [ ^^t^* /^^^^'^ Whether, the Plan formed by Captain Crook/havh, for ' // awaclcing the Epemy to Windward, W9i& not well con-.,^ Whether, Capt, £n/f/Vs, tackin^^ did ftot ovcfttirow' ^ , <^^K Plan ? ^ ^ ' . '^ Whether, the Lark was not obliged to leave off cna^ ^ihg the Eoemy, in Confequence of the Gv(n fired froa;\ / ^hrr ff «rr«wV^> as a Sicnal ^ Piftfcfs ^ - ^ ^^ /^ y y y^^mitted terated Wb« /^ iheCoi "* Queftic not deb Wh. ^ A tried at ^ ^Jbankit Wh( f ^ tried in / , cations Wbet <;^. r./^-^^'ir^/yp, ^^-^/-//tiryK/^^/ fS^ for a T ^/^/ ■^.v '/'^< ^i^'/ifZ/Uf /? A 'czj^r K'rc/ ^ 7 'A,/ t «*7 J Whether, tht Proceedings of Mr. KimvUi^ in this Af* ^ /^' fair, arjc not repugnant to Equity, and evidentlj dire^ed / V a (hamefulPartiality?^^^^^^ ,..^r^\'^^^/^'^^' Whether, Mt. KtmoUs^ by appointing Captain BnlAni ^f Captain of his own Ship, did not induce People to be ///k^ ^ /2. prejudiced againft Captain Crook/hanki? ^ '^ ' / V Whether, the Behaviour of the Judge- Advocate was tlot extremely partial in Favour of Captain Erjkine^ and very unjuill to Captain Crook/hanks^ efpecialLy in his at- . teiliptin^ to omit the fixth kefolve ? / ''^// //^^'^ ^^'^<' f^^^r^^^'^^-'^''''''''^^'^''^^^^' . Whether,'^the Refolves of the Court-Martial are con ^^. All^nt with their Sentence 7 '^fr. ^rA^,, CK^^ _ ^^^ ^^'Ay 9f'r 3f- r-r ^r^'*^^^^^^' Whether, being ten Years fufpended his Majefty** Service, is not a very heavy Punifhment, for an Error in Judgment, fuppofingitto have been an Error? -, Whether, the Amount of the Charge againft Captaiip y Whether, the Court-Martia! did not unanimottfi^ aco ^^ quit him of ^e Su^em 6f CovMrdicif Difafie^on, or ' WantofZeal? ^ ^ ^ ^ Av,?Kn^ A nex as in I ~<( w E Necligi fue the Beaten oi Friend in puniflied fliallfindi • va ■i r «49'] APPENDIX- The XIV/A ARTICLE of WAR, m in the AB made in the i^th Year of Charles II. and in Force in I'J^'J' «{ "f¥7R ATSOEV ER Perfon or Perfons, in or belong- ^^ ing to the Fleet, either through Cowardice, Negligence, or Disaffectiok, {hall forbear to pur- fue the Chace of any Enemy, or Pirate, or Rebel, Beaten or Flying, or (hall not relieve or affift a known Friend in View, to the utmoft of his Power, ihall be puni(hed with Death, or otherwife, as a Co^.'^i-Martial AiaU find fit.'* . \ TUES- t »50 ] H I K I F I Coorfe | Winds | TUESDAY, Jafy 14, 174;.' Saw a Sail to the Weftward. Hasy, Rain. fVar^Uk attd ij. Sail in Coihpany. Oat all Reefs. Made the Montagues Signal to ChacetothftN.W. Little Wind, haty. ff^arwUi and 1} Sail in Company • 7 ( 8 •^ -v 9 10 2 N.byW. W. by N. ti 2 5 N.N.W. W. la 2 4 f , ' . ^ rf'i 'i ,j.'. . ■- ■;o ,;.^^ rv/cn)I 1 : iifH/ •— tbt JO: I cd Iii.-^* «-t-yv, . ij fart! khifcM iliJw3 ~ "1. ,^»;/.i:.i': w .--••. .J.'t i.n\ Mfc.li WED- H|K|Fi C 1 3 2 4 3 4 4 3 5 4 6 I T 7 8 9 4 J 1 4 4 I i 3 4 S 7 N. 3 N. « N. 4 5 3 4 3 1 3 E. S E. 4 1 $ E. E. 4 9 * 10. z I r '51 1 H|K|F| Coqrfe 1 Winds | WEDNESDAY. Jk^ 15. I a 3 4 5 6 7 8 9 19 'I U i 4 5 7 9 * 10 2 N.N.W. N. by W. N. N. by E, N.E. lUwT 3 } E. by S. S E.^S. Eaft E.|N. E. by N. E,byS, E. S, E^ Weft W. by N. W.N.W. NWbyW N.N.W. NF. byN. N,N.E, N. by E. NE,byM. jSaw a Sail to NW. Moderate and faif. Made the If^artvick^s Signal tf> chace to NE. IFar-wici and 1 3 Sail in Com- pany. Made the Signal » tacfe'd : H'arvjick repetatedit. Lof* Sight of the Chace. The Montagtt made theSig. the Chace tark'd, made the Sig. audtack'd. W^e burnt 9 falfe Fires to the Montagu. Moderate cloudy : heard the. Report of leveral Guns. Saw the Chacq Little Wind, hazy : half paft made |h^ Montagu'h Signal to bear down pighcr tb« Cbace. The M3i<*f»» and Chace fired o,t each otUqr. Fired i of our Lower-dcrk- Shot ; hoifted ant Cojou^rs^ CJear'd Ship, Ditto Weatlier .' Ifar^d and 8 Sail of oup Convov sknd the Cha<;Q i« Sig^Ht;, THURS- Hi WKmmmmmm mmmmmmim* ^mmmmitmimm T C 15^ ] H |K |F| Courfe | Winds | THURSDAY. 9 10 II 12 1r 2 3 .4 I 7 S 9 10 II 4 4 5 4 3 2 3 2 2 2 2 up up SE. byE.lNE.byE. SE. SE. by S S< S.E. E, N.E. E. by N. Eaft Light Airs and Cloudy Wea< ther. Still in Chace. Moderate and cloudy Wea« ther. The fTarwici and 7 Sail of Merchantmen in Compa- ny and the Chace. &«» a Sail to the Southward^ Handing to the Weftward. The Chace bore S.E. by S, Diklance 3 Miles^ S.E.byS.jE.by N. Eaft North N.W. W.N.W. S.S.W. S.byW. S.W.byS NNW.oiFl NWbyW. N.NE.offJN.N.V/. FRIDAY, 29, mmmmm wm [ 153 ] JULY 16. 1747. Little Winds, Cloudy Weather, ftill in Chace. At Five faw a Snow to the Southward, ftanding to the N.W* Diito the Montagu bdre down and fpoke to us J at Dark the /JWwick and 7 Sail of our Convoy and the Chace iii Sight. At half paft Ten, came up on the Lee- quarter of the Chace ; having then all the Sail we coula tarry upon a Wind ', the Warwick then aboUt i-4th of a Mile a-ftern of usj and nearly in our Wake, (he tack'd. In pafling by the Chace, and fometime" (baking our Ship in the Wind, fired at her, and fhc at us. When we fiift begun to fire, we obferved her Courfes up, and that (he had a Jack at her Enfign- Staff, which we took to be Spanijh. As v/e vV'ere ^retching a-head, fiie wore, oii which we prepared to tack ; and, on judging we could lay fairly to Windward of her, we iackcd. Sometime after the IFarwick was engaged ; we then ftanding to them with all tb0 Sail we could make. At aboutTwo, wc perceived the Warwick had loft her main Top-maft, and foon after haul'd off from the Enemy, her Head to the Southward j then the Finemy haul'd her Wind to the Noiihv/ard, as we did alfo, keeping on his Weather-bow till Three ©'Clock, when the Warwick made a Signal of Diftrcfs, and we bore doWn to her. — N. B. The Diftance we run from the Time of Tacking, with Intent of gaining the Wind of the Enemy, to the Time of hauling our Wind to the Northward, in Corifequence of hdr doing fo at her Se- paration from the Warivicky is 7 Miles. At Three the Montagu came and told us, that the Warxuick was a Wreck, and had made a Signal of Diftrcfs. At Five came up With the Warwick, and found her Moin-top-maft gone, With her Rigging and Sails much fhattered. IJrought too^ and made the Signal for the Convoy to cove into our Wake. Found Shot-holes in moft of our Sails, We fired ih pafling the Enemy, of .8 Founders 26, Ilound-ftiot 29, Grape 22, Double-headed 1 1 j of 9 Pounders 23, Round-Shot 25, Grape 18, Double headed 13 j of 6 Pounders 4, Round - Shot 6- At Half palt Ten, loft Sight of the Enemy bearing N. by W. Diftance about four Leagues. At Noon, the Warwick and 7 Sail in Company, Serv'd the Ship's Company Brandy. X F R I- mii ■luiiwjvjHPimii [ 154 ] H;K| F| Courfe I Winds | FR IDAY, ^a/i- i7;i747, 3 9 lO II 12 I 2 3 4 S 6 8 9 10 II ?2 up I 1 z 2 3 3 2 2 3 2 3 3 up up N N;E.oiF W. by N fTWbyW W.N.W. N.N.W. N.N.E. NE.byN. N by E. N.N.E. N. byE, N. by W, S.byE.ofF South NE.byE, off N. by W. E.N.E. ^. by S. E.S.E. Moderate and Clovidy. Made S.iil. ^arw.and 7 Sail in Company, Made the Montagu': Signal tq Chace N.N.W. Little Wind. Found the Ftrap of the Main-; Jeer-Block gone. Pitto got a new One up. S.S.W. Brought too. Made Sail N. by W. r.Todcrate fair: Warivick an^ ] 7 Sail in Company. irrrn I 2 3 4 I 7 8 9 10 II |2 I £ 3 4 I 7 8 9 10 "P 2 4 2 4 2 4 up I J I 4 3 4 3 4 4 4 2 2 3 4 3 4 4 4 4 6 6,4 S SATUR t ^55 1 HjKll-' Courfe | Winds [SATURDAY, 7*^ 18, 1747 I up E.N,E.off N.N.E. Brought too ; moder. and fair.' 2 2 4 Half paft JVarwick mado 3 2 4 a Signal for feeing a Sail to 4 2 4 the S . W . Ditto gave Chace. S up S.ofFSW. SE. by S. Could not fee any Sul 1 6 1 5 brought too. ffarwick and 7 I 4 NWbyWl S.E. 7 Sail in Company. Made 8 3 4 a Signal for a Lieutenant of 9 3 the Warwick. 10 4 II 4 WbWiW S.E.byE. 12 I 4 2 I NWbyW Moderate, Cloudy, Rain. Z 3 2 3 6 4 4 1 4 3 4 6 7 8 4 Ditto Fair. 9 4 4 ■ |o 6 W^ft 3.byW. Saw a Sail to Wd. Dit. made a Sig. to the fTanv. and gave Chace. SetF.t.maftStud.fail. P 6 4 Mod. cloudy. PFartu. & 7 Sail in !* S Company i we in Chace. ne END. iiUMWiiiiiiiifiHili iM^MMM rm Rn«PPlVflini9Hl^lippiP!iMfp||p • ii^. tf ' -SVi- ^'«tJ E;^S.:i p« *■; -^f- ^ ••■■' . .- - vV. ■* ' ' 7 / - yi ■ ■ >■ rfltaii^.aM*«MWk^MM^B fi R R A T A. ^ i*ace 4, Line 3. for matn'topmaji, re2ii mah-top-hiaft-heaJ. jp,^.l. zS. for cruzier,T. cruizer. P. 6. 1. 5. (or Mantagu, t. Montagu. P. 17. 1; ij. for //&^, r. /&f. P. 38. 1. 21. after has, ' Jr. been. P. 67. 1. 25. for «/, r. on. P. 70. I. 33. inftead of the £&» place a, comma. P. 76. 1. i. for main-c/ew-gar/tetf r. feamer-cletu garnet. P. 88. 1. 27.. dele the firft commas and ^place a ^^/^m there. P. 91. 1. 3. for the lall //, r. it, P. vlljj. 1. 22. for 86, r. 85. ■«f ■ »•• •:*'3: ^ 'm. '■-.T^l' ■^•^iWKiii liMIMiiiilll >'*,•'• <•> mirtf,a/f/iesam£^ ltm« t/if Lark IcHnfmy rp^^re /intur a AacAffiA^r, »rk fcAuAfn nnnvSA^, ITU Q\vr\oio,kfe/unaaneajysaiiyt>^iiff>pi/lAe fAe Lark, to 6rina A^rto a s:^^arale^ S^ g^g^j jam I^Xmn^/rvm- D Ar B : £lnd wttvUkttandiaa j/u rmmde/l awtfyutrul SiMrifdw^ei^ a/i^r t/u£rum^ eM t/l^^ mind mas oru'^oin/efvt/i^ Star6