"I give theft Buoki
firr the fauading of a, Colkgt. in- tAcs Ce/eny"

1916

MINUTES

COURT MARTIAL,
HOLDEN ON BOARD HTS MAJESTY'S SHIP

PORTSMOUTH HARBOUR,
Qn Thursday, the 25th Day of April, 1805,
And the two folloajing Days,
Sr FOR 1.THE TRIAL OF
Sir jfx: DUCKWORTH, k?b.
Vice Admiral of the Blue,
ON CHARGES EXHIBITED AGAINST HlM BV
CAPTAIN JAMES ATHOL WOODj

OP
THE ROYAL NAVY,
Taken from the original Minutes of the t)ep,uty Judge Advocate of the Fleet,
by permiflion of the Rt. Hon, the Lords Commiffioners of the Admiralty.

PORTSMOUTH!
SOm BY J. e. MOTTLEY, OPPOSITE THE PARADE J ALSO BY tON 0-
MAN, HBRiT, REES, AND ORME, PATERNOSTER-ROW,
LOKOON. ["Mottliy, Telegraph Office,

t^mriz

Court MartiaL

— — «SO»6t-—

MINUTES taken at a Court Martial, affembled on board
his Majefty's fhip Gladiator, in Portfrnouth Harbour, on
the z5th day of April, i8oy, and continued by adjournment
until the 27th day of the fame Month,

PRESENT,
GEORGE M*ONTAGU, Efq.
Admiral of the !Blue, and Commander iri Chief of his Majefty's
(hips and veflels at Portfrnouth and Spithead, Prefident,
Vice Admiral Sir Erasmus Rear Admiral Sir IsAAp Cof-
GowER, Knt. ' / FIN, Bart.
Capt. G. LosACK Capt. G. Duff
-— — C. J. M. Mansfield ¦  ¦ W. Shield
 J. Irwin — — G. E. HaMond, until
the fecond day, when he
was fuffered to depart by
the Court on public fervice
., C. Adam -^— J. A. Ommanney
 E. D. King -^  D. Woodriff

Vice Adraiisil Sir John Thomas Duckworth, k. B.broughit
in and Audience admitted. >
The Prefident reported to the Court that Captains Robert
Carthew Reynolds and WiUjam Hofte, weie a^fent on Adroit
jalty Ipave. <

The Order from the Rt. Hon. the Lords Cbmmi-ffioners of the
/ydmirahy dated the 22d day of April, Inftant, and direfted to
the Prefiient, fetting forth that he ha<I, with his letter to
their Lordfhips' Secretary, dated the igth Inftant, tranfmitted
to their Lordfhips a Letter which he had received from Capt,
J. A. Wood, reprefenting his having been oppreffively re
moved from the command of his Majefty's Ihip Acafta, by Vice
Admiral Sir J. T. Duckworth, k, b. then Commander in Chief
of !iis Majefty's fhips and veflels at Jamaica; and that the
faid Vice Admiral bad, in the moft fhameful and fcandalohs
manner loaded, received on board, and fuffered to be received
on board, his Majefty's fhip Acafta, an iramenfe quantity of
Goods and Mvchsndize, other than for the ufe of the Ihlp,
in defiance and contrary to the true intent and meaning of the '
1 8th Article of War,' and requefting, a« fuch proceedings were
contrary and highly injurious to his Majefty's fervice, oppreflive
to individuals, and unworthy the chara&er of an Officer, that ihe
faid Vice Admight be tried by ,a Court Martial for the offences
therein fet forth, and to try the faid Sir J. T. Duckworth, k. b.
Vice Admiral of the Bine, for the offences with which he is
charged by Captain Wood in his letter above, was read.
The Meriibers of the Court and the Judge Advocate, then
in open Coort, and before they proceeded to trial, refpeiSively
took the feveral oaths enjoined, and direfted in and by an Aft
of Parlia'nienl, ir.ade and pafled in the Z2d year of the reign of
his lace MajeftylCing George the Second, entitled, "An A^
for amending, explaining, and reducing into one Aft of Par
liament, the Laws relating to the Government of his' Majefty's
fhips, veffels, and forces by fea."
Thtfn the faid letter from Captain Wood to the Prefident,
cont.iining the Charges, was read, and is hereunto annexed,
and t^he witoeffes were oj-derfd to withdraw, and attend their
examinations fepj^ately, which they did as follows :
Dr. PRIMROSE BLAIR, Phyfician of his Majefty's Fleet
at Jamaica, called in and Sworn.
Capt. Wood aflced— Relate to the Court the ftatc
you found me in, when you called to fee me the
firft time on board the Acafta, at Port Royal ?

5
A. I. found Capt. Wood in b«d, comf^iaifiartg
©f a pain in the fide, which he told me he had long
been fubjeft to, in confequence of the affe<flioa of
the liver ; he had no fever, and I confidered him but
flightly indifpofed. When he had related to me
the whole of his fymptoms, he etmcluded by faying,
tliat he iiati not Ilept fir two nights, in confequence
of underfta.nding that he was abo.ut to be very un-
handfomely removed from his ftiip, and that that
circumftance alone was the fole' caufe of his prefent
indifpofition. I told him that I confidered his
prefent illnefs to be merely mental, 2ipd that I
thought the fooner his mind was. at ^fe and made
up the better; and that if he pleafed I would, with
pleafure, go to the Conaraander in Chief and relate
his cafe, which I accordingly did.
Q^ Did you fay it was necejTary the matter
fhould be fettled one way or the other, as footi as
poflibie, or that it might prove fatal to me ?
A. I remember faying to Capt^ Wood, that if
he-coQfinued in bed he would become ferioufly ill
at laft, and from "that circumftance was anxious to
have his mind at eafe, but from the firft to the
laft I never confidered him at all in danger ; he
protefted that he could not remain in the country,
that he was fure his fide would be in a very had
ftate. To the beft of my recolled:ion that is what
paiTed. Q^ . Did you call on and reprefent my fituatien
to the Admiral ?
A. I did.
Q^ Had I never any fever wken you called on
me? A. I think you had a flight degree of fever the

firft day I vifited you, but never in any other in-
ftance ; I never found any degree of fever on any
other vifit.
Q^ Did the Surgeon inform you, in my prefence,
that 1 had a fever ?
A. I remember afking the Surgeon whether
Capt. Wood h^d had any fever the day before,
from his having thought fo himfelf. The anfwer
was, he had not.
, Q. What do you mean by the day before ?
A. I mean about a day or two after the Surgeon
had joined the Acafta ; there was no Surgeon who
had joined the ihip when firft Capt. Wood was
taken ill.
Q^ Two or three days before the fhip failed, did
the Surgeon of the fhip inform you that my pulfe
was up to no by the watch?
A. No, I do not remember it, but I remember
Capt. Wood himfelf faying that his pulfe had been
in that ftate, but I never found it fo.
Q^ Do you remember faying to me, the third
vific you made to me, when I informed you that I
had had very little fever for twelve hours, that you
hoped it would put on an intermitting appearance ?
A. As Capt. Wood never had any fever, except
the flight degree when I firft law him, 1 concluded
that it there was any retura at all it would moft pro
bably put on the intermitting form, but from what
ever I could gather from the Surgeon, as well as
what I faw myfeif in my feveral, vilits to Capf.
Wood, I was never at all convinced that he had any
paroxifm of fever, but as I faid before, his com
plaints were purely owing to uncafinefs of mind.
Qj_ Did you fay that there was nothing worfe

than uncafinefs bf mind j that you had kilown it
prove fatal often, and begged me to compofe myfeif,.
as you faw I was much agitated ? '
A. I faid to Capt. Wood, that in ^1 afFedtions
of the liver, which from his defcription of his com^
plaint, I had no doubt he had formerly laboured.
under, anxiety of mind very frequently re-produced
the conriplaint, and begged him certainly to Compofe
his mind : and to enable him to do fo the fooner, I
offered to go to the Commander in Chief.
Qj^ Did you fay you allowed my cafe was a very
hard cafe, to be turned out of fo fine a fliip in fo
high an order as I had got her into ?
A. I remember faying to Capt. Wood, that I
thought it a very unpleafant circumftance ; but from
every thing I knew of the Commander in Chief, he
¦was incapable of doing an oppreflive thing.
Q^ Did you fay there were other fhips that muft
go home foon ?
A. No, I don't remember faying that^ but I
faid that I did not doubt when I had made Captain
Wood's cafe known, the Commander in Chief would
probably confider, and might not fend his fliip, un-
lefs he thought it abfoldfely neceflary.
Q^ When you returned from waiting on the
Admiral, relate the meilage you delivered to me of
ficially from him ?
A. The Admiral defired me to fay to Captain.
Wood, that he would remove him into the Hercule,
and fuch of his officers as he thought proper, and
would certainly appoint Captain Dunn and his own
followers to the Acafta.
Q^ Did the Admiral inform you at the fame
time that if I did not like that, I might go home

8
ahd feek redrefs from the Lordf-Commi'ffioners of
the Admiralty .?
A. He did.
¦Q^ Did Hie Admiral at the fame time defire you
to inform me, that I fhould not go home in the
Acafta in any fituation whatever .'*'
A. , Yes.
Q. Did you hear Mr. Smith the Firil Lieute
nant of the Aeafla, receive orders about his time,
and from whom, that I was not to go into the Her
cule, as Admiral Dacres intended to hoift his fl^>in
the Hercule, and to take his own Captain along
with him ; and that I vras to riemove into the The-
fcus ?
A. I never heard Mr. Smith fay a word on that
fubjedl ; but I was prefent with Capt. Wood one
day when the Firft Lieutenant of the Thefeus came
iri the name of Admiral Dacres, to acquaint him
that he had better not take the trouble of moving
into the Hercule, as, on her arrival in port, he
meant to hoift his flag on board of her, and would
appwnt Capt. Pacey ; and that therefore he had bet
ter move into the Thefeus at once.
Qj^ What ftate was thfe Thefeus then in fo far as
you obferved ?
A. I believe fhe was laying with her lower mafU
in, in order to go alongfide the Wharf, to be hove;
down. Q. Was fhe very fickly at that time, or becom-r
ing u), from the great length of time fhe had been
laying there ?
A. She was in better health at that period than
Ihe had been fince her arrival in port; Lonly remem
ber of one of the Lieutenants dying, and L believe

two or three men, during the time the Acafta. -was
in port.
Q^ Do you remember none of the midfhipmen
having died at that time ?
A. I believe one midfliipman*
Q^ Did you inform me that the Thefeus was in
fo bad a ftate that it was uncertain whether fhe would
proceed to Europe or be made a hulk of ?
A. I could not myfeif judge at all of the ftate of
the Thefeus, but from what I heard; but 1 believe
I might have faid to Capt. Wood that I heard it was
doubtful whether ftie might ever go home or not.
Q^ Did you fay at the fame tirhe to me, that my
going into the Thefeus to heave her down and refit
her, in my ftate of health, wo,uld be certain death
to me ?
A. I do not remember ever to have faid to Capt.
Wood, that his going to the Thefeus would be cer
tain death to him ; but I perfedlly remember telling
him, that unlefs he could get his mind into a very
different ftate from what it then was, that he would
foon be .unable to command any fhip : and that he
had better go home in the packet, which, if he
pleafed, I Ihould mention to the Commander in
Chief. Q^ IXd I requeft you at the fame time to inform
the Admiral, that however unpleafant it was to me
to be taken off^ the Jamaica ftation, I would not-
Avithftanding give up three-fourths of my cabin, or
rather the whole, if it would accommodate the Ad
miral, than be turned out of my fliip ; that I had
plenty of ftock for the homeward paflage, and every
thing neceflary except poultry, which could foon be
procured ; but begged to remain in the Acafta ?
B

IO
A. I canflot fay I remember any thing about
ftock or poultry, but I well remember Capt. Wood's
fayihgi he would be glad to go in any part of the
Q^ Did you make known to the Admiral my
wifti to have a furvey on my health, and did you
fend me a note that I fhould apply for a furvey ?
1 remember telling Capt. Wood, that if he really
found himfelf iricapable of duty, -which he declared
folemnly he was, he had better ftate his cafe to the
Commander in Chief, requdftiftg a furvey, who
would then qonfequently ortkr me to inquire into his
¦ftate bi^ health.
Capt. Wood defirad Sir J. T. Duckworth to produce an
Original letter he wrote to him, dated the 6th of February,
1805; which was produced, and is hereto annexed No. 1.
The aniwer from Sir J. T. Duckworth, dated the "jth of Fe*
bruary, 1805, was then read, and is hereto annexed 'No, 2.
The letter, dated 17th February, rSoj, was then pro"duced
and read. No. 3, and is hereto annexed.
The letter, dated 18th February, 1805, was produced an<'
read. No. 4, and is hereto annexed.
The order of 'Vice Adpiiral Sir Thomas Duckworth, tf
Capt.' 'Wood, to command the Hercule, v>as produced 'and read
and is hereto annexed. No. 5.
The letter, dated 19th February, 1805, 'was produced and
read, No. &, and is hereto annexed. . -
The fuvyey on Capt. Wood, dated 2 2d February, 1805, was
then produced. No. 7, and is hereto annexed.
Q^ What ftate of health was the Acafta's ihip'?
company in when fhe arrived ?
A. I believe, very healthy, if I recoUetfl rightly,
only two men in bed; one from an acciderrt:, aud one

II
from a. breaft complaint, and about twelve or
thirteen in the fick lift, I am not quite fure.
Q^ What was the ftate ;of the fliip's company
prior to her failing, how many were fickly, and how
many had died ?
A. 1 think the laft vifit I paid to Capt. Wood,
I found one roidfhipman ill of fever under the half
deck, but how many died on ftiore I have no know
ledge of, nor do I remember of any oth:er man being
fent from the Acafta 'with fever. ^ ,
Q^ Did three marines die at the hofpital on fhore ?
A. As phyfician to the fleet, I can only recount
what happened afloat ; and unlefs the bijfinefs of
fervice, or rather particular cafes, where the furgeon
may requeft me to fee a patient, many peipple may
dfe at the hofpital unknown to me.
Q^ Out of four taken iU after we failed,, how
many died?
A. Three.
Q^ How rn^ny days before we failed djd the
fever break out on board the Acafta ?
A. I think, aboijt three days ; the only cafe I
faw with fever then was the tnidfhipman.
Q^ When you firft came on boafd the Acafta to
refide, on the palTage home, were the fhip's decks
encumbered with packages of all forts ?
A. I remember on the evening I came on board,
that the fteerage was a good dea{ lumbered ; as to
any Other part of the fhip, except going to the gal
ley to fee the fick, I did not obferve ; there I never
met with any interruption.
Q^ Did you obferve. in the Admiral's c^bin, fe
veral large cafes and chefts, antd did you obferve tq
me that they contained arrow root, .^nd that piie
cafe was worth 4q1.

12
A. I do not remember ever dbferving to Capt.
Wood, any thing about arrow root ; nor could I
poflibly know whether the Admiral's arrow root was
worth 40I. or 4od. for I never faw the cheft contain
ing it.
Q^ Did you fee any cheft containing fnufF?
A. I remember a few days before we made the
land, or about the time we came into the channel,
that Sir John Duckworth's fteward brought a cafe
of fnufF from below, to infpedl the ftate of it, under
the half deck.
Q^ What quantity might it contain ?
A. I do not know, I fuppofe about Sqlb,
or 9olb.
Q^ Did you fee no other goods onboard, bales
and cafes on the deck ?
A. I faw a great many things belonging to the
Admiral, fuch as , fhaddocks and other things, in
tended, as I prefume, for prefents to his friends;
but I never faw any thing in the fhape of merchan
dize. Q^ How many calks of fliaddocks were there ?
A. I do not know at all the number, I know
they were reduced.
Vice Admiral Sir John Duckworth offered to produce an
-exaft lift of the articles he had onboard, to fave the time taken
up in proof.
Q^ Was I turried out of my cabin, and did I mefs
by myfeif in a cabiti between decks in the paflTage
home ?
A. I do notknow that Capt. Wood was turned
out of his cabin ; but, on my coming on board, I
found him living in an officer's cabin within the guii'-

13
roonti, which, next to his being in the great cabin,'
appeared fo me as corpfortable as any of the other
cabins in the fhip.
Q^ How many palTengers, who did not belong
to the fervice, flept and lived in the Admiral's ca
bin? A. Mr. Atkinfon and Mr. Herbert, two private
gentlemen ; one of Monferrat, and one of Jamaica-
Q^ Was I treated on board the Acafta as an of
ficer of my rank ought to have been ?
A. I never faw Capt. Wood otherwife treated
than as a gentleman ; and I remember when the
Commander in Chief fent Capt. Dunn with a melTage
to Capt. Wood, refpedting his leaviggthe cabin, he ^
defired him to fay, that he need notl£ig m any ftock, -f^t^
as 4iis fteward would provide for him. '^
Q^ Was I treated as an officer of my rank ought
to have been ?
A. I never faw the fmalleft indignity offered to
Capt. Wood's rank by any perfon on board ; andl
always underftood that his being in the frnall cabin
below was a matter of his own choice.
Q^ Who did you underftand that from ?
A. From the tenor of the Admiral's meffage to
wards Capt. Wood — it is from that only I judge.
The Court afked— Do ypu know that the Vice
Admiral endeavoured to cut the profecutor off from
fociety during the palTage home ?
A. By no means ; and it appeared to me, that
Capt. Wood mixed and con'vened with all the gen
tlemen officers' as well as pafTcngers 'whenever he
thought proper.
Q^- Do you know that the prifoner informed the
profecutor during the time he was on board, tlwt h.?.

could rrat mefs with his officers, which reduced him
to tfee neceffity of meffing in a cabin below ?
A. Never — this is the firft time I had an idea
that any fuch thing was ftarted.
<^ Do you know if the profecutor's goods were
turned out of the fhip in an oppreffive manner ?
A. I never underftood that any of Capt. Wood's
furniture was turned put of the fhip ; but he told
me himfelf, that in confequence of being unable to
ftow it away, he had difpofed of moft of it, if not
all, to Mr. Beak the mafler fhipwright.
Qj^ Do you know whether the profecutor dined
with the officers, ot was invited to dine with them
during the Ac^a's tjaffage to England ?
. A. I do not Jonow that he either dined there, or
was invited.
Tbe profecutoij: afked— Had I any place to put my
furniture in on board ?
A. I cannot pretend to fay how much of it might
have been put below, but I fhould think very Httle.
GEORGE MOREY, Steward td Vice Admiral Sir J. T.
Duckworth, called in and Sworn.
Capt. Wood afked— Have you a lift of the whole
of the Admiral's ciiefts that were fent on board the
Acafta at Jamaica?
The lift was produjced — which the Witnefs faid was the
whole of rth^Afiroira^'s eflfefts, except his furniture not packed
up — which was read by the Judge Advocate, No. B, ahd is
liereto annexed.
Q^ Are thofe all the things that were brought on
boahd the Acjifk oh account of the Admiral, ffiom
the 2ift of February to the ift of March.

15
A. There is live ftock, ii turtles, 7-of whick
came home, bags of hay, and a fmallcafe containing
a looking glafs, that I foi^t to put hi the lift.
Qj_ Was there a cafk tif yams ?
A. Yes, for fea ftock. — I took the number »f
the logs of the mahogany from the mate of ijie hold.
Q^ What was it between decks between the
hatchways, ¦which ipsrtevented the hammocks being
hung up ? ' ¦ -.t
A. I do not know that it did prevent the ham
mocks hanging up ; it was part of the Admiral's
^wardrobe, the other part was in the hold.
Q^ Could it be ufed onboard a fhip ?
A. The two parts feparately could, not together;
they were too high together.
Q^ Was it intended to be ufed on hoard the fhip ?
A. I cannot tell ; but it was not ufed — ^it came
from the Admiral's Penn.
Q^ Where was it made ?
A. I cannot fay.
Q^ How many mahogany tables came on board ?
A. None for the Admiral at all ;¦ we had none
but thofe in the cabin, and they.wcreof wainfcot. •
Q^ How many tables were there in the carpenter's
ilore-room. A. I do not know— ^none belonging to the Ad
miral. Q^ What was the tonnage bf the Admiral's
goods you have mentioned ? .
A. I am no judge. i^
The Court afked — How long have you been 'with
the Admiral ?
A.' About eight years. .
Q^ What part <rf" the goods yoo have mentiond

16
belbnging to the Vice Admiral, Was merchandize,
and intended to be fold ; which, as a confidential
man of the Admiral's, you muft know ?
A. I know certainly that none of it was intended
to be fold.
Q^ Was every thing embarked ?
.'The witnefs produced "Sir John Duckworth's direftions de
livered to him the day the fliip anchored at Spithead ; before
fhe did anchor, in what manner to difpofe of the articles if he
fhould go from Portfrnouth before they fliould be fent ofF;
which was read by the Judge Advocate, and is hereto annexed.
No. g. The SnufF the Admiral faid he fliould make a prefent
of part of it to the Queen, and he fliould fee if Lord Crfcmome
and Mr. Baker and his other friends lik^d it, and he (hould
give me direclions about it when I fliould get to Plymouth.
Mr. THOMAS HEADLAM, Secretary to Vice Admiral Sir
J. T. Duckworth, called and Sworn.
Capt. Wood afked — Relate to the Court what
you heard the Admiral fay about his intention of
foperfeding me in the command of the Acafta.
A. His intention to fuperfede Capt. Wood was
in confequence of the public fervice not admitting
the Hercule to proceed with his flag to England,
and that it was neceffary that the Officers who had
been accuftomed to ferve with him fhould be on
board the Acafta.
Q^ What orders or diredlions did the Admiral
give you about advertifing for money to carry to
England as freight ?
' A. None.
Q^ Do you know that the Admiral gave any
fuch orders to any other perfon ?
A. Nothing but by herefay.

Qj^ Did you fee any advertifement to that effedl?
A. I did.
Qj^ About what period ?
A. The date of the advertifement is the 5th of
February. Q^ Did you engage, as one of the Admiral's
Agents, any money on freight ?
A. None.
Q^ Did you hear the Admiral fay any thing as
to the difpofal of the freight, who was to be
nefit by it?
A. I never did.
Q^ Did you hear the Admiral fay that it fhould
remain with Capt. Dunn to go home in the Acafta,'
or remain on the Jamaica ftation, as he thought fit.
A. I never did.
Q^ Do you know who did benefit by the freight ?
A. 1 fhould fuppofe, according to the ufual cuf-
tom, the Captain and Admiral on the ftation.
Q^ Is the freight received ?
A. I do not know."
Q^ Did you know of Admiral Dacrcs's intention
to hoift his flag in the Hercule ?
Q^ I have heard Admiral Dacres fay that was his
intention.
Q^ When?
A. I believe, three or four days before we failed.
Q^ Did you hear any converfation pafs between
Sir J. Duckworth and Admiral Dacres refpedting
the latter's hoifting his flag on board the Hercule,
on the day after the Acafta arrived at Jamaica.?
A. I did not to my recolledtion ; I cannot exadl-
ly fay whether there was any converfation about the
Hercule at the time.

i8
Q^ Where was Admiral Dacres when*you heard
him fay he intended to hoift fiis flag on board the
Hcrculo? A. I believe, in converfation at the Admiral's
Penn. ^
Q^ Was it at the Admiral's table ?
A. I cannot recolledl.
Q;_ Was Sir John Duckworth prefent ? .
A. I h ;lieve not.
Q^ Have you any reafon to believe, that Sir J.
Duckworth knew of Admiral Dacres's intention to
hoift his flag on board the Hercule ?
A. I have no reafon to believe that Admiral
Duckworth knew of the intention of Rear Admiral
Dacres to hoift his flag in the Hercule, until Sir J.
Duckjvorth had fixed on the Acafta to carry him to
England. Q^ At v;hat period was it that the Admiral fixed
on the Acafta ?
A. I have every reafon to believe, the day after
her arrival if not before.
Q^ What are your reafons for believing fo ?
A. In qonfequence of the converfation that it
would be ncceflTary for the Hercule to remain on the
ftation, and that the frigate coming with the difpat-
ches would in confequence take the Admiral to Eng
land. Q^ When did you hear fo ?
A. It was a fuggeftion of my own.
Q^ Who did you hear fay that it was improper
for the Hercule to be taken home ?
A. ' I heard the Admiral debating with himfelf
the propriety of taking the Hercule, when he con
fidered the naval force for the protedtion of the fta-

19
fton, that he fhould on further confideration perhaps
go home in a frigate. -
Q^ What converfation was it you had refpedting
Admiral Dacres hoifting his flag on board the Her
cule? A. It was with Admiral Dacres himfelf.
Q^ What day was it.
A. It was I believfe daily, between the time of
the Acafta's arrival and her failing ; it was a com
mon converfation after the Acafta had been fixed on
to proceed home. , - ,
Q^ Was Sir J. Duckworth ever prefent at thofe ¦
converfations ? '
A. Not that I recolledt.
Relate to the Court, to the beft of your know
ledge and belief, acqqrding to the oath you have
taken, the whole of the quantity and quality of die
different articles fhipped on board the Acafta by Ad
miral Duckworth, not intended for the fhip's ufe ;
and inform the Court if you have now or ever had
any -account of thefe articles; if fo, produce it to
the Court.
A. The only knowledge I have of thofe things is
what I have obtained from a lift which the Stewed
made out two or three days ago to lay before tne
Court ; I never had any account of thofe things nei
ther with refpedl to quality or quantity.
Q^ Was my fituation and treatment fuch, on
bbard the Acafta, as a Captain in the Navy is in-
titled to.
A. With refpedt to the fituation as to -birth, I
underftood it was your own choice; with refpedt to
treatment, as far as the attention of all the officers,
pafTengers, and myfeif, I confider it to be v\hat would
be fhewn to'wards every gentleman.

20
Q^ Who did you underftand it was my choice
from ?
A. I^rom Capt. Dunn, and from Rear Admiral
Dacres's reports.
Q^ Do you fay that every attention has been paid
by every officer in the fhip to my fituation as having
been Captain of the Acafta, and a Captain in his
Majefty's navy ?
A. I anfwer as before, that every attention that
could be paid to a gentleman was not only paid by
me, but from my obfervation, by every officer of the
quarter deck in my opinion; every officer felt fo in
my opinion.
Q^ What were any of thofe attentions that were
paid me ?
A. I confider the general attention that one gen
tleman pays another.
Q^ Did the officers ever alk me to dine in the
gun-room, to your knowledge ; or was I ever afked
into the gun-room on any occafion ?
A. I never heard that you was.
The Court afked — Do you know how Captain
Wood came home in the Acafta ?
A. By application to the Admiral for a palTage
in the fhip.
Q^ On what pretence ?
A. In confequence of being invalided as unable
to do his duty in that cfimate.
Q^ Do you know why Captain Wood meffed in
the cabin between decks?
A. I do not know, but I heard he had been of
fered accommodation at the Admiral's table,
Q. Do you know that the Vice Admiral treated
the Profecutor in a moft oppreffive and fraudulent

21

manner, when he removed him from the command
of the Acafta ?
A. I do not, on the contrary in my opinion.
Q^ Do you know that he did it with a view of
defrauding him of a fum of money, going to Eng
land in the Acafta ?
A. Moft certainly not.
Q^ Did the Vice Admiral during, the time he
was on board endeavour to cut the Profecutor oflF
from fociety during the paffage ?
A. Quire the contrary ; he had every intercourfe
he wifhed.
Q. Did he, by force, oblige him to leave his
cabin, in a moft oppreffive manner, to make room
for perfons, paffengers, who did not belong to the
King's fervice ?
A. I was not on board the Acafta when Captain
Wood was removed, but from my knowledge of the
Admiral I fhould think it impoffible.
Q^ Do you know that in arty part of the condudt
of the Vice A'dmiral towards the Profecutor, he be
haved unbecoming the charadter of an officer ?
A. I do not.
Q^ When men of. war are coming to England
from Jamaica, is it ufual, for the accommodation
of the merchants, to advertize that money wfll be
taken on freight, or was it done only in the inftance
you have mentioned ?
A. It is always cuftomary.
Q. Did you hear Sir Thomas Duckw^orth inform
the Profecutor that he could not mefs with his of
ficers ?
A. I did not.

22
Q^ In what manner was the medical furvey op
preffive, fliameful, and fcandalous ?
A. In none.
Captain Wood afkecl — How do you know that I
made application to the Admiral for a paifage in the
fhip? A. My official fituation allowed me to read your
letter and Rear Admiral Dacres's report.
Qi^ What letter of mine do you allude to ?
A. No. 4, before the Court.
Rear Admiral Dacres's report was produced and read by the
Judge Advocate, and is hereto annexed. No. lo.
»
Q;_ When was I invalided ?
A. It appears by the report the 22d of February.
Q. Was not fending me down to the cabin be
low treating me in an oppreffive manner ?
A. I underftood when Captain Wood was inva
lided, and his requeft granted to go home in the
yVcafta, that a vacant cabin was allowed him, if he
thought it not derogatory to an officer of his rank ;
and 1 underftood at the fame time, offers were made
by the Vice Admiral of the comforts of his table,
and, I underftood of his ftores — which were refufed
by Capt. Wood.
Q. Was the money advertized for whilft I com
manded the fhip ?
A. The ufual advertizement appeared the 5th of
February, as follows : — " yth February, 1 805.
" His Majefty's fliip Acafta will fail for Great Britain the
" 251 h inft. and will take whatever fpecie is leivt to the Sub-
" fcribers Wharf, previous to the 24th.
" GRIFFITHS AND BRUCE." ,

23
After I fuppofe the Admiral had made up his mind
to hoift his flag in the Acafta, when the Hercule re
turned into port.
Q^ Did I command the Acafta at that time on
the 5th ?
A. You commanded the Acafta until the Her
cule came intp port.
Q^ Did y^ou ever know an inftance of a Captain,
of a man of war being fuperfeded in the command
of the fliip after money was advertifed for to-_be
brought home in her.
A. No, I never did.
Captain RICHARD D ALL"] NO DUNN, of his Majefty'^Ship
Acafta, called in and Sworn.
Capt. Wood afked — Did you acquaint Sir J. T.
Duckworth that Admiral Dacres informed you that
in the event of Admiral Duckworth's returning to
England^he would remove you from the Hercule,
as he intended to hoift his flag onboard the Hercule ?
A . I do not exadtly remember the day the con
verfation took place, but Admiral Dacres faid that
he fhould not remove me from the Hercule in the
event'of his hoifting his flag on board of her, unlefs
he found from his letters from the Admiralty that
they were not going to fend him a fhip out. — I be
lieve I might have mentioned it to Sir John ; but I
went to fea the day following.
Q^ ' What time did you go to fea ?
A. I think it was the 27th or 28th of January.
The Court — Did you go to fea in the Hercule ? '
A. Yes.
Captain Wood afked — When you returneci from
fea and waited on the Admiral what converfation

24
pafled bet\57een you and the Admiral, on the fubjedt
of the Acafta, previous to my anchoring in Port
Royal ?
A. It was in the evening Captain Aflcew brought
me my commiffion for the Acafta, faying it Avas the
Admiral's intention to hoift his flag on board her.
On the fhip's being anchored I waited on the Ad
miral, and I received his orders to go on board the
Acafta the following morning, with my commiffion,
to take the command of her, firft, acquainting
Captain Wood that I had come for that purpofe ;
and to prepare her to receive his flag on board.
Q^ In what ftate did you find me when you came
on board?
A. I found Captain Wood in his cot.
Q^ What paffed on the occafion ?
A. Upon my telling C^tain Wood that I was
appointed to the Acafta, I had my' commiffion at the
time in my hand, which I offered to him, he faid,
he would not go out of the fhip, that I might do as
I pleafed, but as to the taking the command of the
Hercule, it was impoffible, from the ftate of health
that he was in, that indeed he was not fit at that mo
ment to command any fhip, but that he fhould re
cover from a knowledge of his difeafe upon going to
fea, and be able to do his duty in the fhip he was
then on board,
Q^ Did you hear the Admiral fay to Capt. Tem
ple, who had no fhip at the time, that had he known
Capt. Temple would have accepted of the Thefeus
he would have appointed him to that fhip ; and did
Captain Temple fay any thing to you on this fub
jedt ?
A. Yes, after Capt. Wood was invalided.

25
Q^ Did Admiral Dacres hoift his flag in the
.Hercule before the Acafta failed.
A. Yes.
Q;_ After firft coming to me and your returning
to the Admiral and reprefenting the ftate of health I
was then in, what diredtions did he give to you ?
A. I reprefented to the Admiral, that Captain
Wood was in his cot complaining of his fide, that he
declared nothing but force Ihould oblige him to quit
the fhip ; on which the Admiral difedted Reai: Ad
miral Dacres to go on board taking me with him, to
advife Capt. Wood. . ' ' '
Q^ Did you receive orders to turn me out of the
fhip well or ill?
A. No, but I received orders to acquaint Capt.
Wood it was neceffary the cabin fhould be prepared
for the Admiral's reception ; of courfe it could not
be with Capt. Wood's laying ill in his cot.
Q^ Did you defire me to remove out of the ca
bin, faying it was the Admiral's orders I fliould do
fo? A. I recommended it to you, either to take the
command of the Hercule where the cabin was clear
for your reception', or to go on fhofe until things
were arranged ; the Admiral having fignified to me
that he purpofed coming on board to live the fecond
day. Q^ Did I defire you to inform the Admiral that
I begged permiffion to fleep in\any part of the cabin,
but begged he would not degrade me by putting me
down, below, in the feeble ftate of health I was in ?
A. ' There was no mention of being put down
below by Capt. Wood tO' me, he faid, he only de^
fired to go home in the fhip, not caring w'here he
D

26
was put ; he diti not make the requeft of fleeping
in the cabin.
Qi_ When Admiral Dacres returned- with you
to Sir John Duckworth, what diil he fay, or was
you prefent at the time ?
A. I was not then prefent..
Q^ Did you afterwards return on board the
Acafta, and inform me that the Admiral would al
low me 'to go home in the fhip, but that I muft
entirely quit the Acafta's cabin.
A. Upon my going to the Admiral to fay that^
Capt. Wood requefted only to go home in the fhip,
not caring where he was put ; the Admiral defired
me to return, and acquaint Capt. Wood that he had
no poffible objedtions to his going in the fhip, if
his health required it, but that he was unable to ac
commodate him agreeable to his rank, if he would
take a fpare cabin below to fleep in, his table was
at his fervice, and that.he would do every thing to
make it comfortable for the pafl!age.
Q^ Did you inform me the Admiral would not
allow me to. keep any table, that I might have a
feat at the Admiral's table, or a fowl fent down to
me by his fervants to attend me below.
A. The Admiral did not fay any thing refpedt
ing Capt. Wood's keeping a table, but having a
great quantity of ftock come on board for himfelf,
Capt. Wood could not continue his on board.
Q^ Did Admiral Duckworth order any ftock out
of the fhip ?
A. The Admiral defired me to tell Capt. Wood,
it would be neceffary for hirn to difpofe of his fheep,
as there would not be room for them ; but as Capt.
Wood had refufed his table, he fliould give diredtions

27
to his fteward to attend to Capt. Wood's wifhes in
letting him have any thing he defired.
,C^ Did I fay, 1 was obliged to him, and could
not accept of his offer, fituated as I was ?
A. Capt. Wood faid, he could not accept of his
offer. Q^ Did I defire you to put yourfelf in my fitua
tion, and then fay if I ought to accept of his offer ?
A. Yes.
C^ Did you fhake your head and fhrug up your
Ihoulders at the fame time ?
A. I do not recolledt.
Q^ When the Admiral came on board to look at
the cabin, did you hear me thank the Admiral for
his offer of the table, and decline it ?
A. I heard you decline it.
Q^ Did I requeft the Admiral at that time, to
allow my ftock to remain in the fhip, as my ftate of
health required fome nourifhment ?
A. I did not hear you make the requeft about
your ftock ; but I heard you, on the Admiral's fayJ
ing he fhould give diredtions to his fteward to fupply
you with any thing you wanted, fay, that you had
your own comforts, and did not want it.
Q^ Did you hear the Admiral fay, that I could
not mefs with his officers at the time ?
A. I. heard the Admiral fay, tell Capt. Wood,
as he had refufed his table, he could not allow him to
mefs with his officers.
Q^ Did the Admiral, afterwards on your inter
ceding to have me allowed fome ftotk to remain on
board, diredt it to be fent on fliore ?
A. The Admiral defired me to recolledt that he
expedted the fhip lobe clear for adtion, confequently

28
to be careful that there was no ftock or any thing in
the way of the guns, but fuch things as could be
moved in a minute.
Q^ Do you mean from that, that you had au
thority to fend my ftock out of the fhip ?
A. If they had been in the way, but that not
being the cafe, they remained.
Q^ Did you give any diredtions to fend my ftock
out of the fhip ?
A. No other than telling Capt. Wood, that I
thought it muft go ; and I think, leaving word with
the officer,' if Capt. Wood wanted a boat for that
purpofe, to let him have it.
Q^ Do you know thejquantity and quality of the
goods and merchandize brought on board the Acafta
between the times of your taking the command of
her and her failing ?
A. I know of no merchandize more than the
Admiral's ftock, and various articles that came from
the Hercule.
Q^ What various articles were brought from the
Hercul»? A. I did not take an account of them, I left that
to the matter and Admiral's fteward ;^ — there were
fome pieces of mahogany and fome cafes, and a piece
of mahogany of my own.
Q^ How many days were the boats employed in
bringing thefc goods from the Hercule to the Acafta?
A. I believe, they were moftly removed the fol
lowing day — I believe it was done in one or two days,
Q^ Have you feveral times obferved that you
never faw a Weft Indiaman more loaded and lum
bered than the Acafta ? ^,
A. I have frequently faid, there was a great

2g
quantity of things on board, which muft neceffarily
have been the cafe, there being Capt. Wood's things
and my own in addition to the Admiral's.
Q^ Have you faid the Acafta was a proper Weft.
Indiaman ?
A. I may have faid it from the fruit and things
we had on board. ' ¦
Q^ What quantity of mahogany had yau in the
Hercule belonging to the Admiral, that was feiit oa
board the Acafta ? '
A. I think there was altogecher on board the
Acafta II pieces, one of which belonged to me and
two little pieces..
Q^ What fize are thefe logs of mahogany ?
A.I never meafured them ; I believe the com
mon fize they bring from the Bay, fome larger than
others. Q^ How mclny tons were there in the whole of
mahogany ? '
A. I do not know — I am no judge.
Q^ How many pipes of wine were on board. the
Acafta ?
A. I do not know; I have two pipes and two
hogfheads of my own, and ahogfhead of rum.
Q^ Do you know what other packages came
from the Hercule, large cafes and chefts ?
A. No, I do not ; I did not rake an account of
them. Q^ Do you know how bften the, launches went
for them ?
A. No, I do not.
Q^ How far do the fhips lie from each other ?
A. Between two and three cables' lengths ; the
Hercule*s launch being chiefly employed in bringing

30
the Admiral's things from Greenwich, which is
four miles.
Q^ Was the water perfedtly fmooth and fair wea
ther during that time ?
A. It was as it generally is, fea and land breezes.
Q^ By whofe orders did you receive thefe things
on board the Acafta ?
,A. They came on board for the Commander in
Chief. Q^ Do you remember the number of cafks of
fhaddocks that were brought on board ?
A. No, I do not; the Admiral's fteward had an
an account of them.
Qj^ Did the Admiral diredt the fhips fpirits to be
removed from the fpirit room, to make room for the
money that was going on freight, and for his own
wine and fpirits to be put there ?
A. No, I ordered it.
Q^ When you fay thefe things came on board for
the Admiral's ufe, do you mean to fay that nothing
but the Admiral's ftock came on board the Acafta.?
A. There was a vaft quantity of things, I do
not know what they were, a great many of my own
that came with the Admiral's.
Q^ Was there any thing that came on board
more than for the ufe of the Ihip ?
A. Yes, there were I think two or three cafks
of wine for Lord Lilford, which belonged to his
brother Capt. Powis, who died in the Weft Indies,
and fome cafks belonging to Capt. Baker who was
drowned, which are to be landed at the Cuftom-
houfe and directed for Mr. Baker, of which the
Cuftom-houfe are apprifed, as well as of all the
other wines ; there were various prefent^ of the
Admiral's on board, fuch as fruit, &c.

SI
Q^ How do you know they were prefents ?
A. From Sir J. T. Duckworth's telling me fo.
Q^ Dont you fuppofe that the mahogarty might
be converted into caftl .? 
A. I cannot poffibly fuppofe it was the intention,
knowing that Admiral Louis had written to the Ad
miral to fay he was building or had built a houfe, and
begged he would endeavour to procure him two logs
of mahogany; and three of the others came from
the Pique a.^ a prefent from Capt. Rofs to the Com
mander in Chief, which he got at St. Domingo.. —
The'whole of the mahogany the Admiral had direc
ted me, if the fhip went to Plymouth, to 'apply to
Col. Hawker to pay the duty, and to allow it to be
put itito his timber yard, he having written to him
to that effedt, ' which letter I faw before our 'ar
rival at Spithead. S :
O. Did you frequently fay; there wais not ano
ther frigate on the ftation would have carried the
quantity of articles fent on board, except the Acafta?
A. I have frequently obferved, that the Acafta,
as a frigate; carrieti a great quantity of. water, and
had a very large hold.
Q. For how long was the fhip vi£lual/ed, or
ordered to be viftuaUed, when the Acafta failed from
Port Royal ?
A. For ten weeks— 390 men, prifoners and in
valids. Q. Do you rertiember the quantity of water on
board ?
A. Yes — 145 ton.s was the report given into me
by themafter — we arrived with 65;!: tons after feven
weeks' paffage.
Q. Was I treated according to the rank I hold.

during ^he paffage home, by being turned, down into
the cabin ?
A. It was Capt. Wood's own choice in goiing
home in that cabin, the Admiral havirig previoufly
told him, that he could not accommodate him ac
cording to his rank, and repealed the fame in perfon
when he (aw Capt. Wood-
Q. Could I have been pertnjtted to come home
in any other cabin in the (hip ?
A. The Admiral told Capt. Wood, whe n he
offered him the fpare cabin, that his arrangements
were made. -
Q. Wfiat were thofe arrangements ?
A. Such as the Admiral thought proper with
refpeQ; to his cabin . * i-
Q. Who did the Admiral bring home in the
cabin ?
- A. Mr. Herbert, Prefident of Montferrat, and
Mr.. Atkinfon, Secretary of Jamaica, and myfeif.
Q. Did the officers of the gun-rooni ever alk
me to dine with them, to your knowledge ?
A. UgX

Four o'clock, P.M. the Court adjourned till to-morrow rrmniH
at Sine o'Cloch-,

FRIDAY, the 26th April, 1805,
NINE o'clock a, M.
The Court met according to adjournment.

The Prefident reported to the Court, that Captain , Hamond,
one of the Members of the Court, was ordered to pi-oceed to
fea without a moment's lofs of time, by the Lords Commiffipners
of the Admiralty, on important fervice.
The Court agreed that he flioijld be permitted to depart ac
cordingly. CAPTAIN DUNN called in again, .
The Court afked— Did Vice Admiral Duck-
wor'th derive any greater advantage by the freight
brought home by you in the Acafta, according to
the ufage of the fervice is it confidered to be his
right, or have you promifed or bound yourfelf to
pay him more ?
A. Moft certainly not.
Q. Did you when in Port Royal Harbour, or
do you now, knoV of any goods and merchandize
fent on board by the Vice Admiral?
A. I know for a certainty there was no fuch
thing. Q. Are you perfeftly fatisfied that the yhole of
the things of various defcriptions that came home
in the Acafta are for the Vice Admiral's private

34
ufe, and not fuch things as coma under the iSth ar
ticle of -war ?
A. I am; and I ffiould fuppofe 1 was guilty of
the higheft difrefpeft and contempt to my fuperior
officer were I for a moment to harbour fuch an idea,
particularly of an officer of Sir |. Duckworth's
high rank and chara£ler in the profeffion.
Q. Was the quantity fuch as to prevent your
receiving on board and flowing away the fhips' pro-
vifiohs, water, &c.
A. No, nor did it more than fill up the part cf
the hold where I underftand hay was brought out
from England.
Q^. Was the quantity fuch as that many of the
men could neither mefs nor hang up their ham
mocks in their ufual births ?
A. No, there was not a man in the ffiip but what
was birthcd ; it is the ftanding orders of the ffiip for
a piquet to vifit between decks every half hour to
acquaint the officers of the watch, ffiould there be
any men out of their hammocks in the night.
Q. Were the AcaRa's decks and guns any way
incumbered by the things fent on board by Sir J.
Duckworth ; or was the fliip in a perfeft ftate fit for
aflion ?
A. On the contrary ; they were perfeaiy clear,
and on my reporting every evening to Sir J. Duck
worth the quarters being clear and the men at their
flations, the Admiral vifited them himfelf, and
feemed fatisfied that every thing was ready for im
mediate aftion.
Q'. How long have you been Sir J. Duckworth s
Captain ?
A. Going on four years.

35
Q. From )our knowledge of the force on the
Jamaica ftation i» it your opinion that the Vice Ad
miral a6led for the good of his Majefty's fervice by
coming home in the Acafta inftead of the Hercule ?
A. I am certain that he did.
Q. Was, it more perfonally convenient for him
to do fo ?
A. Certainly not, it put the Admiral to great
inconvenience. '
Q. Did the Vice Admiral derive more pecu
niary benefit by coming home in the Acafta, than
he would have done had he' come home in the
Hercule ?
A. , Moft certainly not ; that was never a con
fideration with the Vice Admiral. .
Q. When the Vice Admiral removed the Pro
fecutor from the command of the ffiip did he behave
in the. moft fraudulent and oppreflive manner, or
with any vie'w^ to defraud him of the freight of the
money coming to England in the ACafta ?
A. No, it was impoffible for Sir J. Duckworth
to aft fo.
Q. Did the prifoner, when the profecutor was
in a feeble ftate of health and recovered from the ef-
fe6ls of a fevere fever, force hira to leave his cabin,
to m'ake room for paffengers who did nqt belong to
the fervice, in a moft oppreffive manner ?
A. N^o; the day after I had communicated to
the profecutor, the Admiral came on board, and favy
Capt. Wood in the cabin dreffed, and repeated to
him in perfon the meffage I have before ftated.
Q. Was this after the profecutor was furveyed
at his own requeft ?
A. Yes.

36
O. And aftet he declined to take the command
of the Hercule .?
A. Yes.
Q. Did the Vice Admiral, dire6l; all the profe--
cutor's furniture to be fent out of tbe Acafta, to
make room for goods and merchandize ?
A. There was no merchandize in the ffiip ; what
ever room there was made, it was done by my order
as Captain of the ffiip.
Q. Do you remember that Vice Admiral Sir J.
Duckw'orth ever received, or intended to receive,
Any pecuniary advantage for tbe freight of any thing
brought to England in the Acafta, except the fpecie,
which is allowed ?
- A. I ffiould be ffibcked at offering him fuch an
infult. The profecutor afked — What do you reckon thofe
immenfe logs of mahogany if you do not reckon
them merchandize ?
A. For his own private ufe as a gentleman.
Q; Were the logs of mahogany for the private
ufe of the ffiip ?
A. No.
Q. Was the cheft of fnuff folely for the ufe of
the ffiip ?
A. No.
Q. Do you mean to fay that they were brought
out in the fore and after holds, bread room, and-ftore
room ?
A. I can only go by report.
Q. Do you mean to fay, the men were birthed
during the whole of the paffage ?
A. Yes, according to my di regions and orders
to the Firft Lieutenant, which he reported to me

37
was done ; and the word was paffed for any one to
acquaint him if they had not a birth ; the Admiral
repeatedly afking me the queftion, and defiring me
to be more particular, as we were going to the north
ward. Q. How long have you been at fea with Sir J.
Duckworth during the four years you have been his
Captain ?
A. I do not exaftly know ; I have had the Ad*
mital on board with his flag, in the Southampton,
Leviathan, Hercule, and now Acafta^ at fea-
O- How long in the Southampton ?
A. I do not recolledt.
Q, Was you three weeks in the Southampton ?
A. Nearer two month."!.
Q. How long in the Leviathan ?
A. About 1 8 monthsi I think, when there were
28 fail of the line under the command of Sir John
Duckworth. Q. How long of that time at fea with him ?
A. On the paffage from Martinique to Jamaica.
Qi How long was that paffage ?
A- Six or eight days.
Q. Were there many frigates on the ftation that
it was abiolutely neceffary to fend to E-nglandfor
repair, particularly the Defiree, then in port.
A. I have no right to give an opinion of a Com
mander in Chief 's conduct with refpe^ to the dif-
pofition of his fquadron.
Q. Have you given an opinion already as t6 the
ftate and drfpofition of his fqUadron ?
A. As far as to its being tor the benefit of his
Majefty's fervice — that the Admiral came home in
a ifrigate, leaving his flag^ftiip behind.

38
Q. As you have given an opinion in one in
ftance, I muft again aflcyou, if there were not fe
veral frigates on the fame ftation, which it was abfo-
lutely neceffary ffiould return to England for repair,
more particularly the Defiree, then in port ?
A. The Defiree was not in port when I arrived
in port in the Hercule, having been fpokeby that
fliip two or three days previous at fea ; nor was there
any other frigate in port at that time ; nor do I think
there was any ffiip fo fit to bear the flag of the Ad
miral as the Acafta.
Q. What frigates were there on the flation ?
A. The Surveillant, Blanche, Princcfs Charlotte,
Pique, Diana, Franchaife, Seine, Defiree, Fortunee,
Bacchante. Q. What was the ftate of the Blanche as to her
copper ?
A. I do not know.
Q. Did I lofe any pecuniary benefit by the Ad
miral's coming home in the Acafta.
A. No, as you came home invalided.
Q. .Do you know when the furgeons furveyed
me 1 informed them 1 was perfeftly able to command
the Acafta as to proceed to fea in her ?
A. I was not prefent.
Q. Was I invalided before you joined the Acaf
ta to take the command of her ?
A. No, I think he was invalided the day after I
read my commiffion.
Q. Had I not been invafided after I was fuper
feded by you, could 1 have received any more be
nefit from the freight of the money coming home in
the Acafta than I have done ?
A. If you had come home in the command of the

39
Acafta, of courfe, you would have been entitled to
the freight.
Q. After you had fuperfeded me, was it likely
the Admiral would allow me to refume the command
q^e Acafta ?
A. 1 ffiould fuppofe not with his flag on board.
Q. What motive could he have for depriving me
of the command of the ffiip, and the benefit of the
freight of money going home in the ffiip, but to
beftow it on you who had been fo long his Captain ?
A. The freight never was a confideration with
Sir. J. Duckworth ; it was for the benefit of his
Majefty's fervice the Admiral came home in a fri
gate and hoifting his flag in the Acafta ; I having
been his Captain fo long, he did me the honour to
take me with him, confidering it as a point of fer
vice. O. Would the fervice have fuffered by my go-
ingnome Captain of the Acafta ?
A. I cannot give an opinion on it;
Q. Did you ever know an inftance of a Captain
being fuperfeded and deprived .of the emoluments
of freight going home in his own ffiip, in the man
ner I have been ?
. A. I have heard of many inftances, and have
ever confidered it as the cuftpm of the fervice, when
flag officers ffiift their flags from one ffiip to another
that they take their captain and officers with them.
Q. Did you ever know fuch an^ inftance, where
there was a freight of money advertifed for whilft
the Captain commanded the ffiip that.he was after
wards removed from her to make room for an
Admiral and. his officers ?
A, No, but the Acafta would not have been ad-

40
vertifed had not the Admiral have fixed on her to
take his flag home.
Q. Did you order me out of the cabin.
A. I told you the Admiral was coming on
board, and as you had faid you would put up with
tlxe fpare cabin, it was neceffary to remove your
things, as the Admiral's furniture was coming on
board, and you repeatedly faid, I ffiall not be in the
way. Q. Did you fay that it was a very hard cafe,
and that you was very forry for it ?
A. I faid [ was forry you ffiould be inconveni
enced, and that you had better take the command
^f the Hercule ; which you fwore by God you
would not do, nor fet your foot on board of her.
. 0. Di<i I inform you that my ftate of health
rendered me utterly incapable of removing into
the Thefeus, or even going out of the Acafta at
that time ?
' A. The firft morning that I went on board you
did ; and faid you was not in a fit ftate even at that
moment to command the Acafta. — The day the
Aeimiral went on board you was in the cabin, and
in the courfe of the day went on the quarter-deck.
Lieutenant HENRY CARTHEW, Flag Lieutenant of the
Acafta, called in and Sworn.
The Profecutor aflced— What day in February,
laft did you join the Acafta? .
A. I do not recollea the day of the month, it
was in February, it was about ten days before ffie
fafled.frora Jamaica.

41
Q^ How long was you on board before the Ad-*
miral's flag was on board ?
A. Six or feven days. .'
Q^ What appeared to you to be the ftate of my
, health when you joined the Acafta ?
A. I really cannot be a judge of his health.
Qj_ Was I in bed, or on deck doing duty ?
A. (Capt. Wood was fonietimes in bed, and was
never out of his cabin, until the Admiral's flag was
flying from the time I j pined her. ,, ,
Q^ Did I keep my bed fometijmes a jvhple day,
or two days together ? ...
A. I believe, two or three days before the Ad
miral canleon board, he did keep his bed all day.
Q^ Did I keep rhy tjed when yoii firft catne on
board as much a^s-I di^ latterly ? • : j";
A. No. ¦'¦-'--¦-
Q^ Had you, any orders to clear the ffiip's fpirit
room, and to put the fpirits in the after-hold of 'the
Acafta ; and was this when Mr. Harnott the mafter
was on board, and prior fome daysto thC: arrival of
the Hercule in port ? , ^
A. No, the fpirit room was cleared by Captain
Dunn's order after he.jhad read his commiffion. .
Q^ Was it to make rocyrn^ for t;he Admiral's wine
and fpirits ?
A. Yes. , V, , '
Q^ Did Mr. Harnott meafure it, and make a re
port to you of the nupaber. of pipes it would hold ?
A. No. ' , ' ' , ' • '
Q^ How many days were the ffiip's compn:;
employed in taking on board ,the different "rticles
belonging to the Admiral ?
A. The ffiip's company were never wholly cm-
F

42
ployed about it — they were three days occafionally
going backwards and forwards for it.
Qj^ What were they employed about ?
A. In getting the ffiip ready for fea.
Q^ Were the boat's crewemployed from daylight
in the morning until dark night, and ftopt fr6m their
labour in going backwards arid forwards to the Her
cule and the 'ihore in bringing on board the Adftii-
ral's articles ?
A. No — the boats were yarioufly employed, the
launch was chiefly employed in bringing oh board the
Admiral's ftock.
Q^ How was the Hercule's launch employed ?
A. In bringing the Admiral's things frdm Green-
^Vich. Q^ What veffels or boats- ^as it that btought on
board the mahogany ?
A. An anchor boat belonging to thfe yard.
Q^ \y'hat boat brought on board the turn and
¦wine? >y--
A. The Acafta's feuhch ; the Hercule's, fome
of it — that that came from Greenwich came in the
latter. .' ' ''¦-'' '
Qj_ How many logs of mahogany camb on board ?
- A . 1 believe feveh^-I did not take an account of
them. Q^ Did you tell me there were thirty ?
A.- No. • ¦"¦ -^'^"' -
Q^ What were the fi^e of the logs of mahogany ?
A. There were two large ones, the reft the com
mon fize, I do not know the meafure of them.
Q. Did the ffiip'« cdmpjihy work fometimes in
the night as well as the day, to 'ftow away the Ad
miral's things?
A. I do not recoiled they ever did.

43
Q^ Did you fay there was not another frigate on '
, the ftation that could have carried fuch a quantity as
the Acafta ?
A. No. I do not recolledt making ufe of fucfi
an expreffion ; I faid fhe was deeply laden. ,
Q^ Do you know the contents of the numerous
cafes, cafks, and packages brought oh board, belong
ing to the Admiral ?
A. No.
Q^ Did I afk you how. many tons you fuppofed
there was brought pn board, for the Admiral ?
A. Captain Wood • might in the courfe of con
verfation, but I do not recolledt my anfwer.
Q^ Do you recolledt my afking you any thing
about it?
^. Captain Wopd wa§ frequently talking about
the quantity of things the Admiral had pri . board,
and I might have mentioned what I fuppofed the
tonnage was, but I do not recolledt it.
Q^ Did you tell me that you fuppofed there was
1 60 tons on board.
A. I do not recolledt it.
Q^ How many tons do you think were on board
to the beft of your knowledge ? ,
A. The mafter has calculated it all, and I believe
it is about 40 tons,
Q^ Do you mean to fay that there are pow 40
tons, or when the things originally qame on board ?
A. The mafter's calculation was from; the Ad
miral's lift of things he had on board.
Q^ Was the Acafta in fuch a ftate as in time of
war ffie ought to be, admitting that ffie had every
thing that was neceffary to irender the Admiral and
his , fuite every comfort, and nothing more, or ^yas
there any thing fuperfluous on board her ?

44
A. As to the firft part of the queftion I anfwer,
that ffie was in a ftate as a ffiip of war ought to be.
The Admiral's things, as mentioned in the lift,' were
on board her.
Q^ Were there any other articles on board the
Acafta, more than thofe mentioned in the lift before
the Court ?
A. I cannot recolledt any more than that the tur
tles are not down. I do not recolledt how many
there were.
Q^ Was the Acafta ordered to vidtual for ten
weeks before ffie failed from Jamaica?
A. The Acafta fent fome provifions out, and af
terwards got fome more on board ; I cant fay how
long ffie was vidtualled for.
Q^ Was ffie full in every part when ffie failed,
and many cafks and cafes lying about the decks ?
A. I was not in either of the holds, and I recol
ledt no cafks or cafes on the main deck.
Q^ Do you recolledt the ffiip's cafks being
ffiaken to make room for the Admiral's things being
flowed ?
A. No, not for that purpofe; there were feme
Ihaken'when emptied to clear the between decks.
Q. What cafks were they ?
A. They were a tier of cafks of water, on each
hde, about a dozen I believe.
Q. Did you hear or fee the Admiral, one or two
nights before the ffiip failed from Port Royal, come
down below and find great fault that the between
decks were fo much lumbered with cafes, cafks, &c.
not ftruckdown below ?
A. No.
Q^ Did you receive orders on the ift day the

45
Admiral came on board to fend all my live ftock out
of the Acafta, and did you fend my fcrvant down to
let me know you had received fuch orders ?
A. I received orders from Captain Dunn, that
Capt. Wood's ffieep was to go out of the ffiip ; I
fent his fervant to inform him of it, but they were
not fent out.
,Q^- Did I fend you a meffage to fay, that you
might fend them out if you pleafed ?
A. Captain Wood's fervant faid F might fend
them to hell if I liked, from his mafter.
Q^ Was you Lieutenant of the Defiree in the
Weft Indies ?,
>-¦ A. Yes.
Q^ Was that frigate in Port Royal harbour.while
the Acafta lay there ?
A. Yes.
- Q. Was ffie in good repair and fit to remain on
the Jamaica ftation, or do you know her defedts ?
A. She was not in good repair, and I believe
rotten. Q^ Did I quit the Acafta's cabin on the 2 2d,
and do you know by whofe order .•'
A. I do not recolledt the day of the month, but
I heard Captain Dunn fay, the Admiral could not ac
commodate Capt. Wood iri his cabin.
Q^ Did he leave any orders for me tp quit the
cabin, or to be forced out of it ?
A. No, he left no orders for Captain Wood to
be forced out, but ordered the. marine officer's cabin
to be cleared out for him.
Q^ Did I remove to the marine officer's cabin ?
A. Yes.
Q^ Did you ever know an inftance of a Captain

46
of a man of war being fuperfeded, and treated in
the manner I have been ?
A. No.
Lieutenant RICHARD HENRY MUDDLE, 2'd Lieutenant
of the Acafta, called in and Sworn,
The Profecutor afked — What day did youjoin the
Acafta ?
A. On the 2 ift of February I think.
Q. The day you came on board how were the
fhip's company and fliip's boats employed ?
A. I do not exactly recolledt how the whole of
the boats were employed, the launch made feyeral
trips to Greenwich, in jaringing off the Admiral's
¦ things ; but always had pofitive orders to return if
poffible by their meal time.
Q. Do you remember how many days they were
employed in that way ?
A. No.
Q^ Do you know what articles and things, were
brought on board ?
A Several cafes and cafks, which I always un
derftood contained the Admiral's wines, baggage,
and fuch fort of things, feveral of which I knew the
contents of, from having lived in Sir J. Duckworth's
houfe as his aid-du-camp.
Q. State the contents of fuch you know ?
A. A quantity of wine I faw packed up in the
cafes, fome of which I affifted in marking.
Qj^ Were there any cafes of fnuff, arrow root, or
other articles ?
A. I did not fee the fiiuff— I think there were
two marked arrow roots, and feveral cafks of fruit.

47
Q^ What fize were the cafes marked arrow ro<>t .''
A. About 4 feet long, and perhaps 2 or 3 feet
high, I am not certain. Sir John Duckworth faid^
the weight of the whole of the arrow root was about
two hundred pounds.
Q^ H<>w.niany cafks of ffiaddocks .'
A. Is3d not know.
Q^ Where were the fliaddocks flpwed?
A. In the after gun room.
Q^ The whole of them ?
A. I do hot know.
Q^ Were there any in the gun-room ?
A.. -NOi not after We got to Tea ; they Itood there
a day or two.
Q^ Were the ffiip's company employed all'the
day long in getting the things -on board ? • '
A. Nb. <' ¦
Q^ Did they ever work at tiight by candle light,
in getting them on board, or flowing them ^ay ?
A. Ido-not recdlect; '
Q^ How many logs of mahogany were there.
A-. I do not know.
Q^ How many tons of goods came' oh board al
together? :'-'-!''-'.:' r: ^
A. I do not know.-^-I cannot form any idea. /-I '
Q:_ Were- the decks cuxrtbered with them for the
firft three or four days ? rr- -
Al We flowed them away as faft as we could —
the decks were cumbered with pther officers' baggage
as Well as Sir John's. "
Q^ What other officers ? - ,
A. The officers who came on Ijoard.
Q^ , Did you fee the Admiral come down below
and find gireat fault that the boxes and cafes were not
ftowed away ?

4%
A. Yes, which I fuppofed was from a wiffi to
forward the ftowing them, away as much as poffible.
Q^ At what hour of the night was that ?
A. I do n.Pt recolledti it was after ,fun-:fet he was
down feveral times.
Q^ Did 'you hear the Admiral fay, that it was
Angular enough, that a ffiip that could flow 6 months
provifions on board, could not ftow what he brought
on board ?
A. No.
Q^ Was the ffiip very deep when ffie failed from
Port Royal ?.
A. Never having failed in the ffiip before, and .
not knowing her draft; of water, I cannot fay.
Q;_ Did you fee any fnuff on board ?
A. On the paffage I faw a cafe of fnuff opened.
Q^ How many puncheons of fum, not belong
ing to the ffiip, -were on board ?
A. I do not know.
Q. Was the Acafta's decks clear for adtion for
the firft week after we failed ?
A. I thought the decks were always clear for ac
tion after the fi.rft d ay .
Q. In what fituation did you firid me in on com
ing on board ?
;A. I did not fee Capt. Wood for the firft and
fecond day after joining the ffiip.
Q^ What was rny fituation on board her on the
paffage home ?
A. Capt. Wood had the marine officer's cabin
on the ftarboard fide, as a paffenger.

4gi

Mr. THOMAS WHITEWOOD, Mailer's Mate of the Acafta,
brought in and Sworn,
"The Profecutor afked — What day did you join
the Acafta ?
A. On the 2 ift of February,
Q. What quantity of tonnage of things belong
ing to the Admiral do you think was bi'ou,ght on
board the Acafta, after fhe was fitted for ten weeks ?
A. I cannot fay exadtly.
Q. Did you fay to me the day before yefterday
that you fuppofed there was about 140 tons ?
A. Captain Wood took me at a nonplus, pre
vioufly faying to me, before he put the queftion to
me, there were 160 tons, he could bring proofs to
witnefs there was more in the ffiip ; on that account
I gave my opinion that I thought there was no more
than 1 30 or 140 tons.
Relate to the Court what wines and things were
ftowed away in the fpirit room, not belonging to the
fhip. A. To the beft of my knowledge there were 8
pipes, 6 hogffieads, and 6 fmall cafks of different
fizes, and 260 cafes of fpecie.
Q. How many puncheons of rum ?
A. To the beft of my knowledge, two of 45
gallons each, and a butt. ,
Q^ Were any of the ffiip^s cafks ffiaken, to
make room for the Admiral's packages in the hold ?
A. To the beft of my recolledtion there was not.
Q^ Were there any of the ffiip's cafks ffiaken
during the paffage home ?
, A. Yes, fixteen puncheons on the lower deck ; we

50
ffiook them as faft as we emptied them ; they lafted
three or fcur days.
Qj_ Have you feen the logs of mahogany ?
A. Yes.
Q^ What were the fizes of them ?
A. I meafured two of them on the lower deck,
they were the largeft, loft. 4in. length; depth 2ft.
7in. and breadth 2ft. 4in.
Q. Were the others nearly of the fame fize ?
A. Not all in proportion.
,Q^ Before you could, hoift up the allowance of
water for the fhip's company, were you not obliged
to remove many of the things that were brought on
board, on the firft part of the paffage ?
A. None at aU.
Q. What was ftowed in the wings below on the
orlop deck ?
A. A few, planks of the Carpenter's, and fome
ftores of the Boatfwain's ; we cleared them at fea.
Q>_ What of the Admiral's was ftowed in the
bread room ? -
A. Ten cafes, ftowed abaft all.
Q. What did they contain ?
A. Wine, I believe.
Q. Had you any thing ftowed in the cock-pit
A. No, after we cleared away.
' Q. What was' in the afterhold belonging to the
Admiral ?
A. Three pipes I believe, to the beft of my re
colledtion, and twelve cafes, contents unknown.
Q. Were there no cafks there ?
• A. One cafk belonging to Commiffioner Stirling,
the fame as a fugar hogffiead.

51
Q. Were there no other large cafks about the
fize of fugar hogffieads, in the after hold ?
A. No.
Q. What was in the main hold ?
A. Thirteen cafks of Guinea corn, one hogffiead;
of cocoa nuts, and one cafe of furniture.
Q. What articles were in the Carpenter's ftore
room? A. I do not know.
Q, Was the ffiip very dieeply loaded when ffie
failed from Port Royal ?
A. Not that I perceived.
Q. Did the people work by candle-light fome-
tiiiies in ftowing away the things ?
A. Only when the fpecie was alongfide,
Q, Were feveral of the ffiip's company unable
to hang their hammocks lip, or mefs in their pro
per births, when the ffiip failed ?
A. The fame day and the day afterwards we re
gulated the fhip's company, birthing them ; we
meffed them a few days afterwards.
Mr. JOHN ROBINSON, Matter's Mate of the Acafta, called
in and Sworn.
The Profecutor afked — Was you on board, the
Acafta, on her arrival at Port Royal ?
A. Yes.
Q. Do you remember the day I was taken ill ?
A. No.
Q. Was it the day after our arrival ?
A. I cannot fay.
Q. What was the ftate of my health ?
A. I perceived Capt. Wood appeared to be ill,
but what his complaint was I do not know.

5,2
O. Dp you remember the day the fpirit rppm
was ordered to be cleared to receive the Admiiral's
wine ?
A. No. , , ,
Q. Was it before or after the arrival of the
Hercule in port ?
A, I cannot tell.
Q. Was you''prefent when I was fent out of my
Cabin, and went down below the firft time I
, A. No.
Q. Did you fee me beloiw in the cabin.?
A. Yes, a number of times.
Q^ Was you on board the Acafta when ffie teft
England with fix months', provifions .**
A. Yes,
Q^ Was ffie at that time fo deeply loaded as. ffie
was when ffie left Port Royal ? " ¦ ' - ^
A. No, not to the be;ft of my knowledge. "^ • ¦
jQ^ Was flie fo full in every part ? ' '
[ A. ' She was in many refpedls on account of the
horfes taken out.
Q^ What did ybu obferve was my treatment on
board the Acafta in the paffage home?
A. I cannot fay the particulars ; I can only fay
|ie was in a fpare cabin. ,-
Sir J. Duckworth afked — Was you in a ffever and
in your bed a few days after you left Cape Nicoia Mole;
and was it not fuppofed miraculous your' living ?
A. Yes — ^I was ill bttween a fbrrnight or three
weeks confiiied.

53

Mr. PETER HENXVOOD, Purfer of the Acafta, called in
and Sworn.
The profecutor afked^How long was it after the
arrival of the Acafta at Port Royal, you hea;rd> or
was informed, that I was to be removed from the.
Acafta into the Thefeus ?
A. I heard he was to be removed into the Her
cule the day that we arrived, and a day or two after-
Wards I heard he was to be removed into the Thefeus
by different reports.
Q^ What was my ftate of health during the time
the Acafta lay at Port Royal ?
A. I did not fee Capt. Wood but two or three
times for feveral days ; I heard Dr. Blair fay he had
a flight fever,
Q- Do you remember the day I was firft taken
ilP ,
A. I think it was a day or two after we arrived
into port.
Q^ Was you down in the cabin at any time to fee
the fituation I was in ?
A. I was.
Qi^ What fituation did you find me in?
A. At the table.
Q^ Do you remember when I was under the
neceffity of leaving my own cabin, and obliged to
take a cabin below in the gun-room ?
A. I remember his going from the great cabin
to the one below ; but I do not recolledt the day of
the month.
Q. What were your own feelings at feeing me go
doWn from that cabin to the one below .''

54
A. I felt as I .ffiould do for any Captain I had
failed with.
Q. Did you know that many of the beft men in
the ffiip were in tears when they faw me obliged to
remove into the fteerage ?
A. I did not.
Q.. Did you obferve the Acafta was much deeper
in the water and more overloaded when we left Port
Royal than when we left England ?
A. It never ftruck me that ffie was.
Q^ Were the fpirits removed from the fpirit room
by Admiral Duckworth's order before the Hercule
came into port into the after hold ?
A. I cannot fay whether it was before or after,
I think it was after.
Q. Did you ever fee fo great a quantity of goods
brought on board a King's ffiip as was brought on
board fhe Acafta before ffie failed from Port Royal .?
A. I think I did not ; but I never was with a flag
before. Q^ Was the ,ffiip much encumbered with the
Admiral's things ?
A. In fome parts, for inftance, the bread room,
the after gun-room ; I faw fome calks with turtle
between the guns, which was the only thing I faw
to prevent the ffiip being clear for adtion.
Mr. JAMES SHADE, Gunner of the Acafta, .called in and
Swpi;n.
The profecutor afked— When I went down to the
cabin below the firft time, were fome of the beft mert
of the ffiip fo affedled with the treatment I had re
ceived, that they were ffiedding tears ?

55
A. I believe Mr. Duffey was, the boatfwain of
the ffiip — I did not fee Capt. Wood go down below.
Q^ What were your own feelings on that account
on feeing me, after a long illnefs, obliged to go down
below into a cabin before the gun-room ?
A. I felt for Capt. Wood, as I had failed 14
months with him ; but he might have got another
ffiip in the Weft Indies — he informed mefo himfelf.
• Q. Did you obferve the Acafta was much more
loaded when ffie left Port Royal than when ffie left
England ?
A. No, I never looked at the ffiip's draft of
water. Q. Did you look at her fore and aft infide ?
A. We had much the fame lumber on deck com
ing home as in going out ; we had five turtle tubs
between the guns coming home, and we had five
ffieep pens going out, and a hamper of bottles, all
flowed betwixt the guris.
0. In getting on board thefe articles, did the
ffiip's company work in the night fometimes ?
A. Only one night when they were getting fpecie
on board, till about 9 o'clock.
Sir Johii Duckworth afked — During the time my
flag was on board the Acafta in the paffage to Eng
land, was ffie as ready and fit for fight asin the time
of Capt. Wood ?
A. She was.
WILLIAM WILLIAMS, a Quarter Mafter belonging to the
Acafta,' called in and Sworn.
. The profecutor afked — Was you on board the
Acafta wheri ffie arrived at Port Royal ?
A. Yes.

56
Q. Do you remember the firft day the packages
were fent on board the Acafta from the Hercule ?
A. I do not recolledt the day— there were fome
fent. Q^ Were you employed with your boat's crew
in bringing them on board ; and how many days ?
A. Sometimes I was left on board, and was not
employed in her.
Q. Where were ybu birthed in the ffiip ?
A. I meffed in the aftermoft birth on the larboard
fide, and flept No. 2, as quarter-mafter, abaft the
marines.
RICHARD BRAGG, a Seaman bdonging to the Acafta, caL
led in &nd Sworn.
^. Where did you mefs in the Acafta ?
Ai Abreaft the fore hatchway, on the ftarboard
fide. Q. Do you know how many births were taken
up with the Admiral's mahogany and furniture ?
A. Two juft abaft the fore hatchway,
Q. How many men in the birth ?
A. About ten or a dozen men meffed in the two
hirths.
THOMAS BRAIN, a Quarter Mafter belonging to the Acafta,
called in and Sworn.
The profecutor aflced— Where did you mefs ?
A. In the midffiips birth, abaft the fore hatch
way .
Q, Were there any of the men who could not
mefs or hang their hammocks up, on account of the
furniture put there.

^7
A. There was a large cafe of furniture as I be
lieve in our birth, which prevented our meffing there.
Q, Were there any other births occupied by .fflr-
niture or mahogany .''
A. I cannot tell how other people were difcotn-i
moded. Q. How many men were thrqwn out of their
melies ?
A. Six in our mefs.
The Court — What became of you?
A. We had our chefts a little outlide thecafe.
The profecutor afked-— Where did yoii hang your
-hammocks? A. Abreaft the fore hatchway, the larboard fide.
Q. Was the Acafta mote deeply loaded when ffie
failed from Port Royal than when ffie failed from
England ?
A. I cannot tell exaflly.
The Court afked — Did you find yourfelf very
much incommoded by being removed from where
you were to the outfide of the cafte to'^nefs ?
A, I could riot fay it waS fo well, our things
were in peoples way at times — it was not quite To
convenient. The profecutor afked — Was you in the hold oc
cafionally getting up the water ?
A. No.
EDWARD COOPER, Captain of the Hold ef the Acafta,
called in and Sworn* ,
The profecutor afked — Do you remember how
many days you was employed in the hold at Port
Royal, in taking on board and ftowing away the
H

58
mahogany, caflcs, and cafes, that were brought on
board there, belonging to the Admiral ?
A. No, i cannot rightly.
Q, Was you in the hold getting up the water
daily in the paffage home ?
A. Yes.
Q. Had you many cafes and patkages to remove
belore you could come at it every day.
A. No.
Q. Where did you fleep in the Acafta
A. Down in the larboard wins-
The Profecutor produced a requeft to the Court as
follows :
Capt. Wood begs to move the Court for the whole of the
Correfpondence between the Lords Commiffioners of the Admi.
ralty and Vice Admiral Sir John Thomas Duckworth, k. b.
"refpefling the circumftance of his removing Capt. Wooci from
the Acafta, &c. And how far, and in what cafes, the Lords
Commiffioners of the Admiralty permit Commanders in Chief,
after having received their letters of recall, to fuperfede Admi
ralty Appointmerns. Together with the Inftruftions furnilhed
to 'Vice Admiral Sir J, T. Duckworth, for his guidance in the
Appointment of Officers. For the Defeftsof the Frigates and
Line-of-Battle Ships on the Jamaica Station, more particularly
of the Hercule and Thefeus, that came laft to England, to be
tranfmitted to the Court, to (hew it was not for the good of the
Service the Acafta was taken off that Station, but for the con
venience of the Admiral.
The Court was cleared, and agreed that Capt. Wood ought
to have applied for the Papers mentioned in. his requeft, imme
diately he wrote for a Court Martial, and that it is not compe.
tent for the Coiort to make fuch application, or proper that
their proceedings Ihould now be delayed for that purpofe.

59 '
ANDREW GRAHAM, Boatfwain's Mate, belongipg to the
Acafta, called in and Sworn.
The Profecutor afked — Had you any complaints
from ^he ffiip's company of the Acafta, of their not
having births ?
.. A. No, I did not hear any of them ; there were
four births taken up, three midffiips and one abaft
the fore hatch-way.
Q. How inany men were in the four births ?
A. Six in one birth ; I cant rightly tell how
many there were in the others.
Q. How many are there in a mefs generally ?
A. Sometimes 8, fometimes 6, fometimes 4. .
Q. Did you affift in getting up the ffiip's com
pany's daily allowance of water ?
A. No. '
Q. Did you obferve them at work every fore
noon in the fore hold, two or three hours?
A. Yes. .
Q. What w^ere the about ?
A. Getting the caflts up to get the water out,
Q, Were you prefent when the mahogany was
hoifted in ?
A. Yes. ;
Q, Do you know the number of. logs ?
A. To the beft of rny knowledge eleven.
The Court aiked — Could hammocks hang up
over the baggage that was ftowed in any part of the
between decks ?
A. Yes, but they touched the cafe, the niahogany
they did not.
Q. What were in the three births ?
A. . Mahogany.

6o

JOHN BROWN, a Boatfwain's Mate belonging to tbe Acafta,
called in and Sworn.
The Profecutor afked — What was youconftant-
ly hoifting up two or three hours every forenoon ?
A. We ufed to hoift up provifions in the fore
noon fometimes, and water in the forenoon.
Q. Were there many of the Admiral's cafes and
packages in the way before you could get at the
water ?
A, No, not at the water,
Q. Were they in the way of the' provifions ?
A. Sometimes,

Wm. REDHOUSE, the Admiral's Joiner, belonging to the
Acafta, called in and Sworn.
The Profecutor afked — Did you purchafe • any
mahogany for the Admiral at Jamaica ?'
A. Yes, four logs. ' -
Q. What fize were they ?
A. I cannot particularly fay, they were about
s8 or 20 inches by 14, of different fizesj and 9, 10,
or 1 1 feet long.
Q. How long was you at the Admiral's Penn at
Jamaica ?
A. Abput three years,
Q, Do you know any thing of the furniture on
board the Acafla ?
A, Yes.
Q, What is it?
A. A cheft of drawers, cheft on cheft.

6i
O. What tables are they in thq carpenter's ftore
room ? , ' *
A. The Captain's, three of them.
Q. How many cafes did you^ack up to go on
board the Acafta.
A. I cannot fay fome were fmall and fome
large.

Halpmpast three o'Clock, ip. m. — The Prosecution being closed tik
Court uas cleared xtntil nine i' Clock to-morrow motningj

SATURDAY, the 27th April, 1805,
NINE o'clock a, M.
The Court met according to adjournment,
'Vice Admiral Sir John Duckworth produced a paper writ.
ing, containing his Defence, which was read,, and is hereto
annexed. Dr. BLAIR called.
Sir J. Duckworth afked — Relate to the Court my
meffage by you to Captain Wood, and the manner
in which I gave it in the capftan-houfe, on the
morning of the 5th of February.
A. T remember your fending a meffage by me,
¦which was given in a very kind manner ; I do not
at prefent recolIeQ; the purport of that meffage.
Q;, Was there .any thing tending to oppreffion
in my conduft or meffage to Captain Wood ?
Qi Very far from it ; on the contrary, I remem
ber faying to Captain Wood, that he might depend
on it that there was nothing perfonal in what Sir J,
Duckworth intended refpedting the Acafta.
Q. Did you fay to me that Captain Wood being
continually in his cabin would with any malady de
bilitate him, and render him unfit for fervice ?
A, I certainly did, and at the fame time ex-
preffed to Sir John, that Capt. Weed's own words
were to me, that his indifpofition was folely owing
to anxiety of mind.

, 63
Q. From the knowledge yOu have of me do
you fufpefl; me capable of turning mahogany to
caffi, or felling the prefents of my friends ?
' A. Very far from it, I cannot poffibly harbour
fuch an idea.
Q. On the Profecutor's coming on the quarter
deck of the Acafta, during the paffage, did I not
always treat him with the refpeft due to an officer
of his rank ?
A. Always,
The Court — Was Captain Wood's health in that
ftate to make his removal from the cabin to the one
below dangerous ?
A. By no means, Capt. Wood at that time was
labouring under a chronic complaint of the liver,
and it did not fignify what place he was in in the
ffiip, where he was cOmmbniy comfortable.
Captain Wood afked — When you came on board
and delivered that meffage from the Admiral to me
did you lay my cafe "was a very hard one ?
A. I remember faying to Captain Wood, that
I thought his fituation a very unpleafant one, and
recommended him to make up his mind to "what
he could not prevent ; as if he did not, I thought
he would become ferioufly ill,
Q. Did you fay that a man might be removed
in the laft extremity ?
A, I remember being fent by Sir J. Duckworth
to foe Captain Wood, in confequence of his having
faid to Admiral Dacres that he could not poffibly
get out of his bed, and- gave Sir J. Duckworth a
written report, faying that Capt, Wood might be
removed either' to the Hercule or the ffiore, with
perfcft fafety.

64
Q. Did you not add, that a man might be re
moved in the laft extremity ?
A. 1 do not remember having made ufe of that
exprefficin. Q. Is not pure air very neceffary in complaints
of the liver and hings ?
A. I conceive pure air neceffary in all complaints,
Q, Did you confider the air I was removed to
equal to that I was removed from ? <
A, I certainly confider the air of the great cabin
of a frigate more pure than it can be below, where
200 people are frequently breathing.
Captain DUNN called- in again ,
Sir J. Duckworth afked — Relate to the Court the
language ufed by. Capt. Wood, and the whole of his
GE^n^ti^u^(^ gping on board with authority from
me,tp command the Acafta.
A. I found Capt. Wood in his cot, when I told:
him I had received a commiffion from the Cpmman-
deein Chief to command the Acafta, and that he had
gfven orders to ufe th<e utnioft difpatch in getting her
ready for the recepition of his flag, Capt. Wood faid,
I might do as I pleafed, but that nothing! but force
f^qr^JdrinduGehijjitp. gf>, ojit of the ffiip ; tbaj: he was
incapable of taking the command of the Hercule —
indeed he. was -not fib to carry on the duty at that
time, on board his own ffiip ; but that he knew the
riatureof his complaint j^ by going to fea, he ffiould
recover immediately ; that the Commander in Chief
had no right to appoint me ; that he confidered him
as ati officer recalled from his command. I then en
deavoured to reafon with Capt. Wood, when he.

65
made the reply as before ftated j and 1 wetit en ffiore
to acquaint the Admiral,
Q. Did I in confequence fend Rear Admiral
Dacres, in company with yoU, to advife Capt* Wood
in the mildeft manner, to confider the confequences
of fuch conduft, and to direft him to join the Her
cule ; and was his manner and language to the Rear
Admiral the fame as to you ?
A. You did, I accompanied the Rear Admiral
on board the Acafta, when the language and condu^
of Capt. Wood viras nearly the fame aS above ftated.
Q. What was my meffage to Capt. Wood after
the phyfician and fUrgeon's furvey had been taken?
A. That you could not, having made your ar
rangements, accommodate him in the' cabin accord
ing to his rank; but that if Capt. Wood would put
tip with a fpare cabin below, you ffiould be glad to
receive him at your table, and allow him the com
forts of the cabin.
Q. Had you an officer prefent when you deli
vered my meffage ?
A, I had, and was piefent when you made the
fame offer yourfelf ?
Q. When Capt, Wood fpurned at the comforts
of my table, did I in confequence fay, — I am forry
for it. Sir, becaufe there' will be an impropriety in
your living with my officers, and I cannot admit it ?
A, You did,^
Q. Did Capt. Wood fay in anfwer, I need not
mention it, for he would not live with them?
A. , Yes.
Q. Did I ever aft unwarrantably or oppreffive^
to Capt. Wood ?
A. Never.

66
Q. Did I in any way prevent him from enjoy
ing the fociety of every officer and gentleman on
board ; and did not Capt. Wood walk, and even fit,
on the quarter deck during the paffage, whenever he
thought proper ?
A. He did ; I never faw him on deck but he
was in converfation with fome of the gentlemen ; he
frequently fat on the quarter deck.
Q. Is not fitting on the quarter deck an indCil-
gence I never before permitted ?
A. It is one I never knew before, fince I have
had the honour of ferving under your flag.
Q. Relate to the Court the converfation that
pafled between you and Capt. Wood, when you
demanded the fignals, public and private.
A. On my afking Capt. Wood on the quarter
deck, after he was invalided, for the public and pri
vate fignaL books, he replied — he would not deliver
them, as he confidered himfelf deprived of the com
mand of the ffiip ; but if I looked at a drawer in the
cabin, I ffiould find them there. I then acquainted
the Admiral with this converfation. He ordered me
to repeat my demand to Capt. Wood in the prefence
of another Captain. Capt. Temple being on the
quarter deck, I requefted him to be prefent, which
he was, when Capt. Wood repeated the fame ;— and
on my telling it to the Admiral, and finding that
the fignai books and private fignals were in the draw
er, he diredled Capt. Temple to give him in writing
what had paffed in his prefence.
O. From the knowledge you have of me, do you
fufpe6l me capable of turning mahogany into caffi,
er felling the prefents of my friends ?
A. Impoffible ; 1 ffiould confider myfeif dif-

6/
graced were I thought capable of harbouring fo
ffiameful a fufpicion.
Q. On the profecutor's coming, on the quarter
deck of the Acafta durii^ the paffage, did I not al
ways treat him with the refpe£l due to an officer of
his rank ?
A. Always.
Q. What live ftock and ftores had the profecutor
on board for his comfort during the paffage ; and
had he not the fame convenience allowed him in the
ufe of it as myfeif?
A. He had ffieep and poultry and various other
articles j and he had the fame convenience of the
galley and of the half deck to hang his provifions as
the Admiral had.^
Q. Acquaint the Court what cafes, furniture,
&c. the profecutor had in the bread room and war
rant officers' ftore room.
A. He had various cafes in the bread room, and
many things in the warrant officers' ftore-rooms, but
what they were I do not know, and a large cafk of
corn in the hold.
Q. Is it not always ufual to advertife when 3
man of war is going to England that will take fpecie?
A. It is.
Lieutenant CARTHEW called in again.
Q.. Were Captain Wood's furniture and ftores,
at leaft as much as he chofe, landed long before my
flag was hoifted in the Acafta ?
. A. Yes. ' .
Q. How long before, and were they fent to the
builders at the dock-yard to be fold ?

63
A. Two or three days, they were fent chiefly
to the builders, and fome to Kingfton.
Q. , Do you know any thing of my direding
them to be landed ? ,
A. No.
' Q. Did I embark and fleep on board 4 nights
before Meff. /tkinfon and Herbert Lake, and Cap
tain Campbell came on boardfor a paffage ?
A. Three or four nights, I am not fufe which.
Q. Did Captain Wood continue to haye the ufe
of my cabin until the day I embarked ?
A. Yes. " ¦ ^
Captain Wood aflced — Were my furniture and,
ftores removed to make room for the Admiral's fur
niture in confequence of your having intimated to
ine that he intended to hoift hiss flag on board the
Acafta? A. I do not know, but they were removed be-
fiare the Admiral's things came on board.
Q. Was you the fenior Lieutenant doing duty
on board at that time ?
A. Yes.
Q. Did you anfwer all fignals on board the
Shark made for the Captain of the Acafta, as I was
incapable of going myielf ?
A. I do not recolle£l the fignai being made for
the Captain of the Acafta while I was in her.
Q. Did the Admiral defire you to acquaint me
that he intended to hoift his flag in the Acafta ?
A. To the beft of my recolieffion not.
Q. When I was in the cabin for the laft day or
tvvo, was it ftowed full of boxes and cafes, and all
the Admiral's boxes and cafes ?
A. The Vice Admiral admitted that his things

eg
were there and that his fervants muft have been em
ployed to put thera there.
Q. Did you fee any thing belonging to me
landed and taken charge of by Mr. Beale ?
A. I did not fee them landed or taken charge of
but direfte'd the mate to land them by Capt. Wood's
order. * Captain DUNN called in again.
Q. Did my ftores on board the Acafta deprive
either the officers or men of their comforts ?
A. No.
Q. What orders did I give to you two days
previous to the failing of the Acafta refpeSing
her beiiig clear for aftion ; report alfo the earnett-
nefs with which I enforced them.
A. You ordered me to be very particular in
Having every thing put below ; to get the guns clear;
tha men pr* iperly appointed, that the ffiip ffiould be
ready to go into a£tion if neCejTary the day we fail
ed , which they were ; you vifited the quarters your
felf on the day of failing, as you did every evening
on the paffage.
Q Did you report to me the night before the
ffiip failed that every thing was prepared fiar fight?
A. I did.
Qk Had an enemy appeared in fight the mo
ment the pilot left the ffiip, was there any thing to
prevent her going int<}- aftion ?
A. No*
Capt. Wood afked^ — Did I fay 1 difputed the Com
mander in Chief's right to feaa^ me on ffiore in the
ftate of health I was then in, as it would be certain

death to me in fuch a climate, and even that the Phy
fician of the fleet had told me fo ?
A, You might have faid fo, but I never under
ftood that the Commander in Chief, had the leaft
idea of your going on ffiore, he having fent you a
commiffion to command the Hercule,
Q^ Did you prefs me to go on ffiore frequently
yourfelf, and that I ffiould be better on ffiore ?
A. I did, as I wanted the cabin to be prepared
for the Admiral's reception,
Q^ Did 1 fay to Rear Admiral Dacres that in
the ftate of health I was then in, that I could not
quit the cabin, and had been in my cot all day ? '
A- You faid you^could not go out of the ffiip.
Q^ Was the meffage of the Vice Admiral, that
he would allow me the comforts of his table, before
or after the furvey ?
A, After the furvey, I think, but I am not cer
tain — it was repeatedly offered.
Q^ The day after you fuperfeded me, when the
Admiral came on board on the 22d, did you hear
him fay he would order a furvey on my health, or
words to that purport ?
A. I heard a converfation between you and the
Admiral after he had made you the offer of his table
— I do not exac9:ly. recoiled; what it was.
Q^ Did the Admiral fay, I might have a feat at
his table or a fowl fent down below to me, dreft by
his fervants ?
A. The Admiral invited you to his table as a.
gentleman j on your declining it, he faid, then Capt.
Wood, all I can fay is, my fervants and what I have
are at your fervice ; but I do not think it a fituation
for an officer of your rank.

71
Q^ Did I thank the Admiral for his offer, and
fay, in my fituation 1 could not accept of it ?
A. I heard you fay it was impoffible for you to
accept of it, under your circumftances and future
intentions. Q^ Did you fay my cafe was a very hard one ?
A. I faid I was forfy for your fituation ; but I
thought you had better take the command of the
Hercule. Q. When I fat on the quarter deck, where did
I fit? A. I feen him fitting on the flides of the carro-'
nades, and on the carronade before the wheel.
Q. How many hours in the day was I- generally
on deck ?
A. I cannot charge my memory ; I did not take
notice ; I frequently faw him on deck.
Q^ Did I inform you I found it exceeding . hot
below ?
A. Frequently'.
Q^ In my feeble ftate of health at that time, after
walking the deck eight or ten hours, do you think it
was neceffary to fit down fometimes ?
A. I cannot fay I think it neceffary to fit on .the
quarter deck.
Q^ Did any other perfon fit on the quarter deck ?
A. Not as an officer that I recolledt.
Q^ Did any of the paffengers fit on the quarter
^eck? A. Sometimes; but I confidered it as an indul
gence, granted to them by me as Captain of the ffiip,
as friends of the Admiral, not knowing the cuftoms
fflf the fervice.

72
Q^'. Did the Admiral fit upon deck himfelf fbnie^
times ?
A. I do not recolledt that he did ; but I know
he has a great averfion to it, and always endeavoured
to prevent it ; it has always been one of his moft po
fitive orders.
Q^ Did you ever fignify to me his difapprobation
of my fitting there ?
A. No; but on noticing it to the Admiral, he
faid, it doies not fignify, never mind.
Q^ Could Twith propriety have gone down to
the drawer, to deliver -them up to you ?
A. I think you could.
Q^ Was rny ftock kicking about the deck for
fome time, and part of them in the manger ?
A. Capt. Wood had a fheep pen and a fowl coop^
1 remember, in vifiting the fhip m divifions in ^the
morning, mentioning to Capt. Wood the negledt of
his fervant, in fuffering them to be there ; they were
as well accommodated as the officers,
Q^ How many cafks were in the gun room, and
could the relieving tackles be free on that account .?
A. I do nor know how many cafks were in the
gun room ; but I was perfedlly fatisfied, as Captain
of the ffiip, that the relieving tackles were free j nor
was there any thing in the way of the tiller.
Lieutenant MUDDLE called in again,
Q^ Was Capt. Wood deprived from converfing|
lvith the officers of the Acafta during the paflTage ?
A. No.
Q^ Did he ever converfe with you ? ',
A, Yes.

73 ,
Q^ Cafi you recolledt anyparticular conyerfation
between you? " ' , .
A, Yes. — On walking the quarter deck with
Capt. Wood on the palT^ge home, convprfing about
thingSLof the fhip,, when Capt. Wood, pointing to
the .band of niufi(;:, faid, they were in the Admiral's
fuite; that he expedted. tp get the ffiip on his arrival
at Spithead, ^nd they ffiould get the Admiral's ca-
pabar out of the fhip, as fie would not allow a man
to affift. ' - . ,
The Court -afkedr-r- What, did, you conceive, was
meant by capabar ?
A. I underftood he meant tperchan^iye.
Capt. Wood afked-^- When this con ve'ffation paffed
as you fay on the quarter deck,.w'as yoq obferving t'o
me, that the band were a fet, of lazy rafcals ; that
during the Hurrkatie in the Hercule, they walked
on the poop like gentlemen, ^nd .would not put a
hand to any thii^g ?
A._ I obferved they, were la2;y rafcfils ; but could
not have faid they were walking ihe poop,, as it was
almoft impoffible for any body to hold on at the
time* Q^ When you was walking the quarter deck
with me, fiaye I obferved to you that your walking
fo mue.h with me might give umbrage to the Admiral
or.Capt. D.unn, and that you had better not do fo ?
-A,. Yqu, did once, but I cant fay that it was not
at that time.
Q. When yoju was walking )vith me one evening
did Captain. Dunn come up and find great fault with
you ?
A. . I dont recolledt whether I was 'walking with
Captaia.Wgod,; but Captain Diinn told nie it was
K

74
improper to be converfing on the quarter deck when
it was my watch, as I could not attend to the duty of
the ffiip; at other times he did hot rriiiid it.
Vice Admiral Sir J. Diickworth aflced— Could the
after-gHard or band hear the converfation between
you and Capt. Wood, when fpeaking of my capabar?
A. The band could not, biit feveral people werei
ftanding round the mainmaft who could have heard
had they been paying attention, but I think'they did
not. Q^ Is there a public ' order, tha,t the officers of
the watch ffiould not converfe with .any body ?
A. Yes, I have copied it. .,
C^ Did I diredt you on the" morning of faifing
from Port Royal, to go with my compliments to
Captain Wood, and acquaint' him that you had my
diredtions to fupply him with any comforts he might
want during the paffage ? ' '
A. The Admiral. did ; I delivered the meffage to
Captain Wood's fervant, who faid he delivered it to
Capt, Wood.
The Court was cleared, and agreed that the .Charges
had NOT BEEN PROVED againft the faid Vice Admiral
Sir John Thomas Duckworth, k. b. but that they are
grofs, fcandalous, malicious, ffiameful, and highly
fubverfive of the difcipline and good government of
his Majefty's fervice, and did adjudge him to bte.
MOST FULLY AND HONOURABLY AC
QUITTED of all and every part thereof:
The Court was j^ain opened— Sir J. T; Duck
worth brought in— audiencfradmitted — and Sentence-
paffed accordingly. M. GREETHAMi Jun.
Deputy Judge Advocate of the Fleet.

DEFENCE.

Mr, President and Gentlemen df the Court ^ ' '"
THE Profecutor hkving ended one bf the moft
unjuft and malicious attacks' that ever was
made againft a fiipeiibr Oflffcfer, I will, with ,thd
permiffion of the Court, coinhience a detail of fadls
that occurred a ffiort time prior fo the arrival of his
Majefty's ffiip Acafta, on the 2d of February faft. "-^'
In the early part of January' a ftrbng ruttio'ur .pre
vailed, through private 'correfpondence, that' I was
to give up the commafiddf the Jarilaida Stixidrr ha
Rfea;r' Admiral Dacrfes ;"up(3n"'whic'h'the;'fibwns arid
Pariffies of the Ifland begah'ito'addrefs' me'.'on my*
departure. Thus, cohfidering from'ie,ttters "of .Ad
miral Dacres, and my own friencis,',"that;'^'^fler%'' was'
little doubt the event was 'decided ofi^'beih'g dfefirous
to give him all poffible information, rddtifulted
wi,th the 'Rear Admiral on what would be the beftr
for the public fervice ; and as' I thoilght it'' piflible'
the Lords of the Admiralty might" Of der, ihe 'home
in a frigate, I determined to tpme t6 Ehglarid in'
the Fortunee, whit?h wAS hd^ving ddwh^^ But oh-
refledtihg thkt the Forttjnee W^s iri^'cbrnpleat repair,'
and nearly a new ffiip, it might be '.deemed incorrect"
to bring, her diredtly home ; 1 refolvfed to, 'return in
Whatever ffiip mi^t bring out my difffatdies, in

cafe the Admiralty did not allow me to go home in
the Hercyle. But on the 26th of January the
Thefeus, which had fu'ftered muCh in the hurricane,
and was fent to fea to try whether it would be fafe
to triift fier acrofs the Atlantic with a convoy, re-'
turned with a confiderable leak, which made it ob
vious ffie muft be hove down. This prevented me
from coming to a decifion till the frigate bearing my
difpatches, then known to be the Acafta, arrived
with the cohvoy, on , the a,fternppn of the 2d- -of
Febrqary, and on the morning of the 3d the Profe
cutor waited on me with my difpatches, which, after
perufing, and finding there was no mention of fend
ing out a line of battle f^iip, "I decided, thovgh't was
allowed JOr return in whatjhip I judged proper, that
it would' be incorredt to carry home the, Hercule,
which Iftatecl to the Admiralty, by a letter of the
date.of the 9th of Feb. which was fent by the Packet.
On the 4th of Feb. I niade. the fignai for the jProfe-
Gutor, that I might acquaint him that I intended to.
remove hirn. to the Hercule'. A Lieutenant anfwer-
ed the fignai,- and faid his. Captain was fick; on
which I dire6ted him to make my compliments to
his Captain, and fay, I wiffied to fee him on particu-.
lar bufinefs, as foon a,s poffible. On the morning of
the 5th in my ufuaL daily vifit to Port Royal, tp
forward the public fervice, I went to the Capftan
Houfe in the t)ock Yard, where T met Dr. Blair,
Phyfician to the Squadron, and upon inquiring
after Capt. Wood's health, lie told me he had fo'
agitated hinifelf from . underftanding he was to be
removed out of the Af afta, that he was really un
well, and he confidered it would be a relief to him
to know my opinion.

Nothing paffed between this and the 17th, but
my repeated defire to' the Lieutenants of the Acafta,
to 'fee their Captain whenever Jiis health would per
mit ; and the replies were — he was continually in his
cabin, and feldom out of bed. Therefore on tl^e
17th, when the Hercule appeared in the offing, I
wrote No. 3, and fent Capt. Wood his commiffion
for the Hercule ; to which he anfwered by No. 4,
and I replied as in letter No. 6. As the Hercule
did not get into Port till the 20th, nothing further
occurred till the 21ft, when, by iny order. Captain
Dunn went on board the Acafta to fliew and read
his Commiffion, and I muft beg to call that officer
to ftate to the Court the reception he met with.
My orders to Rear Admiral Dacres, No. 13,
relative to this biifinefs, and his report. No. 10,
to me, by which it appears that Captain Wood
faid — he was not able to command the Hercule or
any ffiip, will be found in the appendix ; and
Dr. Blair's order. No. 14, to repair on board the
Acafta, and ftate to me whether CaptainiWood's
health would allow of his going to the .j^ercule.
JNo. 15 is Dr. Blair's report; on which I ordered
the furvey. No 16, and No. 17 is the irefult. On
this I told Captain Dunn to acquaint Captain
Wood — that I begged he would not fo ' violate the
difcipline of the King's fervice, as to compel me
to force' him out of the Acafta, and which muft
lead to the moft ferious confequences.
Capt. Dunn then, with his ufual urbanity towards
a brother Officer, faid — I believe all Capt. Wood
wants is a paffage to England. In confequence ofthis,
and the ftatement of the furveying Surgeons, which
..v/as. — that he ought to go to a northern climate, I

could not ref oncile it to my feelings, (notwithftand-
ing Captaip Wood's violent, fecjitious, and I may
fay mutinous language,) to hazard his life.
Captain Duhfi will ftafe my inefliage to Captain
Wood, and Captain Temple gave into my poffef-
fion a ftatenient df the fadt, which I will read to the
Court as a part of my defence.
Capt. Dunn, in my prefence, delivered the follow
ing meffage to Capt. Wood:;
He was direfted by' the Commander in Chief to inform Capt.
Wood, that unlefs he' was determined, in tveiy inffance, to
comply with the regulations of the fervicdj' and to conduft him
felf wKilft on board the Acafta in a proper and becoming man-
nerj the Admiral. woul;d be obliged to recall the permiflion he
had granted, in allowing Capt. 'Wood a paffage to England in
that Ship, Capt. Wood faid in reply, the Admiral might force
him out of the Ship if he thought proper, but unlefs that was
done, be would nut go ; that he, was already degraded as much
as he well could be ; and mentioned beirtg put into a fmall cabin
below. Capt. Dunn then recalled to his recpUeftion the earneft
manner he urged to be permitted" to take a paffage to England in
the Acafta, and when the fort of accommodation he now has
¦was mentioged to him, he anfwered, any where, it will do very
well. — Which Capt. Wood did not leem to deny.
F. TEMPLE.
The above meffage ^was fent to Capt. Wood by theCommander
in Chief, in confequence of Capt. Dunn's alkirig for "the fignai
books, private fignals, &c. When Capt. Wood faid, he would
not formally deliver them up to any Perfon ¦whatever ; that he
confidered himfelf as much Captain of the Acafta as ever,
that the fignai books -where in tlie cabin and Capt. Dunn might
take them, that certainly the Commander in Chief had the
powe'r to fuperfede him, but he confidered the aft as illegal,
which was to be determined at a future period ; upon this Capt.
Dunn faid, he would acquaint the Admiral with.his fentimehts.
1 was prefent and heard the above converfation.
f: temple.

I now come to the illiberal and difgraceful epithet
which the Profecutor made ufe of, namely — de
frauding him of his freight, and of the Agent
advertizing for it, while he was on board the Acafta,
The ufual cuftom is, for the Commander in Chief
to give the earlieft notice to the Merchants, when a
man of war is intended to fail for England, that
they might have time to colledt and pack the
fpecie they intend to fend -on freight. But in this
inftance, as they knew I was going to Englan-d,
they waited on me on the 4th of Feb. to requeft I
would allow it to be advertized, which I did^ as ap
pears by the newfpaper 1 lay bfefore you, bufnotin
Captain Wood's name, as appears in the Minutes.
I conceive therefore, in complying with the requeft
of the Merchants, I difcharged a part of my duty.
I muft' now. Gentlemen, proceed to the charge of
loading his Majefty's ffiip in a fcandalous and ffiame
ful manner ; and I lament, ' that in confuting this
wicked and malicious charge, I muft, to vindicate
my own charadter and honor, prove fuch an expen
diture of liquors, in keeping a continual public ta
ble, as I am fenfible would, on any other occafion, bor
der on oftentation ; but I hope this Court aad the
Public -will fee the neceffity of my ffiewing, that the
liquors I brought in bottles was not equal to my fix
months' expenditure at Jamaica, and as I had not
any notice from the Lords Commiffioners of the Ad
miralty of my relief, I am fure the Couit will think
I could not have lefs than fix months' wine and other
liquors in bottles. As to the wine I brought home
in cafks, it is melancholy to fay, one pipe and two
hogffieads were the property of Capt. Powis, one
among the many vidlims of the climate, and in. con-

fequence of his deceafe, I brought them home for his
brother Lord Lilford. Alio, in confequence of the
interefting but forrowful fate of Capt. Baker, I had
to charge myfeif with four hogffieads of wine for his
father Mr. Baker, the member for Hertfordffiire.
I am indebted to my friends for the rum I have on
board the Acafta — it was prefented to me by Simon
Taylor, Edwards, and Mitchell, eminent planters in
Jamaica, as a tribute hoijourable to my feelings. —
This, which my Profecutor has been pleafed to call
merchandize, I refolvcd, from the moment of my re
ceiving it, to, diftribute among my friends in Eng
land, after the duties had been duly paid.— It is true
I brought home, in the Acafta, nine logs of maho
gany for myfeif, and tv.'6 for Admiral Louis, who
wrote to me in Sept. laft, that he had purchafed a
houfe, and begged mc to procure him a log or two,
I brought home alfo fcirne calks of fliaddocks, cafes
offweetmeats, fome Cayeine pepper, cocoa nuts,. cafes
of Briftol water, and a cafe containing, fome cannif-
ters of Spaniffi fnufi^, pa;: of which 1 intended, thro'^
Lady Hood, to prefent to her M:jefty, and defigned'
the remainder for her Ladyfnip and other Friends ;
but as the officers of the ( uftonis at Portfrnouth,
have detained a box of kgars, that I knt to the Cuf
tom-houfe, with the G.iign of p'.\vii"g the duty, on
the principle that they ciight to have been landed at
Cowes, I wrote to rL-,-,ucfl chat the fnuff might be
aflowed to pay duty a,! %'u.'<yra/:, but in cafe of diffi
culty, I ffiall fendfroir; the /Vcafta the fnuff with the
box of fegars, to the Tobacco C)fiicc at Cowes, The
reft of the articles on to.ud, fpeciiicd in the lift deU
vered to the Court, aad fworn to by niy Steward, it
was my wiffi to land at Piyn.outh, agreeably to a re-

qiieft rhade to the Lords Com-:niffioners of the Ad
miralty to that effedt.— Extracts from that letter I
will beg to read,
I alfo beg to obferve, that I wrote to Captain R.
King, of L'Achille, the day before I arrived, to fee
that the duties were paid, and to Mr. Salt, the ftore-
keeper of the Dock-Yard, to render Capt. JCing af-
fiftance, if he were employed in fitting his ffiip ; I
alfo wrote to Col. Hawker by the fanne poft, inti
mating that I underftood mahogany, was chargeable
with duty an'd rcquefting him to carry it thro' the
Cuftom-houfe, and to allow ft to remain in his Tim-
ber-Yard ; at this time. Gentlemen, I had no idea' of
the Profecutor's intentions. .
Having thus, I truft, as a man ofhonour and cha
radter, made it appeai- to this Court, that I have not
tarniffied, by any improper adl, the honours I have
earned; in the courfe of above 46 years fervice, and
by more thaii feven years abfence from my country,'
a great part of whichl was a' Commander in Chief,
i might be juftified in reftihg my Defence here. —
But, Gentlemen, I would wifli to afk,nvhether it is
probable, that, after bearing on my perfon, the ho
nourable pledge-of 'my Sovereign's approbation, and
after receiving tefti'monials from various quarters ho-
rioui'abre'to myfeif, I would lightly trifle with a re
putation, which it'has ever been my ambition to ac
quire and maintain. — If my condudt had not been im-
jj'eachcd, thefe, teftimonies would have been known
only to my -family and friends .—But I truft this
Court will, under exifting circumftances, permit
them to be read, and to form, a part of rny defence.
Among thefe^vvill be found, the Thanks of the Houfe
of Affembly at Jamaica, before it was even rumoured

8
I was to be relieved, ahd alfo, the Addreflfes of all
the Towns and Parifhes of that Ifland, on my depar
ture. Thefe, Gentlemen, are fufficient to refcue my cha
radter from the malevolence of an individual :—
Thefe will prove, not only to you, but to my Mafter
and my Country, that even in the moft extenfive
truft that can be committed to a Naval Servant of
the Crown, I was never guilty of fraudulent and op
preffive, of fcandalous and ffiameful adtions, to the
prejudice of his Majefty's Service, or the defraiiding
of the Public Revenue.
Gentlemen,' feeling as I did, that the power of the
Admiralty was 'vefted in me as' Corjimander in
Chief, can it be fuppofed that I would commit the
honour of my Flag and my own charadter to the
chapter of accidents, by croffing the Atlantic in a
Ship commanded by a Stranger ? Befides Gentle
men, permit me to fay, as I was not relieved from
my command for any errqr, or negledt of his Ma
jefty's fervice, I had the vanity to hppe that my
IJ,oyal Mafter would, in a conteft for'the poUtical
exiftence of our Country, again do me the honoiir
of employing me. — J udgetheri, the neceffity of hay-^
ing a Captain and fome Officers, acquainted with ray
ideas of fervice : fori will, venture;, to fay, . there is,
not an Officer of this Court, tho' not ^.dvanced to the.,
rank of an Admiral, who.has not found tlie inconr?',
venience of being- appointed to a Ship with Officer,s,.
unknown to him; and it cannot,, but agitate the,
mind, even when fixed on fecondary, tho' neceflfaryy
objedts, when the .'whole force of it ought to be di-
redted to the grand line of fervice : and on this
principle I removed my Captain and Officers, ^ho

who had for years ferved under me with great credit,
to the Acafta. — Gentlemen, Iwas an entire Itranger
to the Profecutor till he arrived in the Weft Indies,
is it poffible therefore, that Icouldhave had a wiffi to
injure him.
It is not my intention Gentlemen,- to make many
remarks on the condudt of the Profecutor, or to al
lude to the various inftances he has given, during the
trial, of the weaktiefs of his intelledls, and the malice
of his heart. — Thefe cannot have efcaped the notice
of the Court. But, Gentlemen, I-muft be fuffered
toexprefs my indignation at the infamous infinuation
of my having brought home nine -logs of mahogany
to beconverted into caffi ! — Gracious God, I ffiould
have thought the abfurdity of the Idea woifld at leaft'
have preferved me from fuch an infult. But cer
tainly I -had but little to expedt' from the liberality of
the Profecutor, ftom a man SS'ho dould queftion my
public fervices ; 'who had 'the vanity to think his own
eclipfed them'; who could "fay, he had placed a
brighter gem in the Britiffi Crown than I had ; the
Ifland of Trinadad. Alas! are the illuftrious at-
chievements of an Abercrombie and an Harvey to
be thus given up to the afTuranc^ of a man who
wiffies to adopt them as his o\Vn ? '^ ¦'>"'
Gentlemen; the Profecutor in the courfe of the
trial has talked much of his infulted honor ; happy
would it have been for him, if he himfelf had been
its protiedtor ; he would not then have gone to the
Cuftom-houfe in the charadter of a common in
former, againft a man at leaft high in rank, and
as I truft it now appears to the Court incapable
of an attempt to defraud the revenue. And it is
worthy of remark Gentlemen, that the Profecutor,

10
who wiflics to' appear fo zealous for the honor of
the public fervice, and fo tenacious of the public
revenue, has boafted in his uhguartled moments, of
getting on ffiore a, very valuable coUedtion of jewels,
in defiance of the revenue officers ; nay more, there
are Gentlemen now on board to whom he boafted
of having fmuggled on ffiore at Portfmouth, a pipe
of Wine in bottles, that an information was made
againft him, but he. had time, ¦with the affiftance of
his friends, to get the keys of the church yard, where
he depofited the, whole .of the 'W^ine,. before the
Officers made their fearch ,- this gave him an op
portunity of feverely - reprimanding the Officers,
though he knew they. had difcharged their duty.
Such have been the avowed adtions of a man who
has chafged me, without being, able to fubftantiate
a fingle proof, with infamous and fraudulent con
dudt; but who has afferted, in his letter, to the
Admiralty in 'which he applied for the prefent Cottjt
Martial; that his charadter was dearer to him than-
life. •'-•f ¦¦ . ; hv. ,- -r-f ; _
Gentlemen, I 'will trefpafs on' your patience no
longer, my charadter is • in your hands; and I have
not a doubt about its fafety;,:! am confcious it IwilU
ftand the teft of every iRveftigatipn, and I . feel
even' proud in having it thUs. brought before this
honourable Court, and the world. - ' \
J. T._ DUCKWORTH.

APPENDIX.

-e»»|01«»»f"

CHARGE.

Sir, Acafta, Spltheadj 19th April, 180J. .
PERMIT me-to reprefent to you, for the information of the
Lords Commiffioners of the Admiralty, that after my arri
val at Port Royal Harbour, vifith the convoy entrufted to my
charge, in the month, of February laft, "Vice Admiral Sir Tho
mas Duckworth, K. B. &c. did, in the moft oppreffive and
fraudulent inanner, 'fuperfede the commiffion I had the honor to
bear from their Lordfhips, as Captain of the Acafta, under the
pretence of its being for the good of his Majefty's fervice ; and
under the pretence of giving me a (hip of more confequence,
whereas it •was in reality for his own private convenience, and
for thepurpofe of defrauding me of the freight of a fum of money
going to England in the Acafta, ¦whfch the faid 'Vice Admiral
intends to appropriate to his own ufe, and to the benefit of Tiis
Captain : which money his Agents were advertifing for to
carry on freight at the time I commanded the Acafta ; it was
alfo to reward his own Captain, Capt. Dunn, with the com
mand of my ftiip, one of the fineft frigates in his Majefty's
Navy, at that time in the higheft order. The faid Vice Ad-
niiral Sir John Thomas Dilck worth, k. b. &c. did further,
tho' 1 was in a feeble ftate" of health, not recovered from the
effefts of' a fevere fever, force me to leave my own cabin, to
make room for his paffengers who did not belong to the King's
fervice, in the moft oppreffive manner, direfting all my furni
ture, &c. to be fent out of^ the Acafta, to make room for his
goods and merchandize ; informing me, at the fame time, that
1 could not mefs ¦with his officers, thus reducing me to the ne
ceffity of meffing in a c^bin between decks, and endeavouring to
cut me off from fociety, during the paffage home. The laid
,Vi,ce Admiral, after having fuperfeded me in the command of

- 12
the Acafta, did, for the purpofe of juftifying his unwarrant-'
able and oppreffive proceedings, direft a medical furvey to be
held on my health, whereby a more northerly climate was recom
mended, for the recovery thereof, tho' I informed the Medical
Gentlemen, who compofed the furvey, that I was perfeftly able
to command the Acafta, as fhe was bound to Europe.
I muft fui'ther, Sir, reprefent to you, for the information of
their Lordfliips, that Vice Admiral Sir J. T. Duckworth, k. b.
&c. did in the moft fhameful and fcandalous manner load, re
ceive on board, and fuffepd to be received on board his Majef.
ty's fhip the Acafta, an immenfe quantity of Goods and Mer
chandize, other than for the ufe of the Ship, in defiance and
contrary to the true intent and meaning of . the i8th article of
war. That the Acafta's holds, bread-room, gun-room, ftore-
rooms, and even the between decks were, fo fullof luch Goods
and Merchandize, that many of the Ship's Company could
neither mefs, nor hang upjtheir hammocks in their ufual births ;
as fuch proceedings are highly contrary and injurious to his Ma
jefty's Service, oppreffive to individuals and unworthy the cha-
rafter of the meaneft Officer, I requeft that you v\rill ¦ move
their Lordfhips to direft a Court Martial to try 'Vice Admiral
SirT. Duckworth, k. b. &c. for the Offences fet forth in the
above Lej;ter. '''
I have the honor to be. Sir,
Your moft obedient.
Faithful Servant, J. A. ¦WOOD,
To W. Marfden, Efq. Secretary
to the Admiralty, Admiralty
Office, London.

(No. i) Acafta, Part Royal, 6th February, i8oy.
Sir, — Your determination to fupercede theXJommiffion I have
the honor to hold from the Lords Commiffioners of the Admi
ralty, quite unmerited on my part, has thrown me into fuch
anxiety of mind, that a violent fever hasenfued, which it isthe
opinion of th? Phyfician of the Fleet, may be attended with
the moft fatal confequences to me, I am therefore to requeft, if

13
you ftill continue in your determination to fupercede me in the
command of the Acafta, and at the fame time not to allow me a
paffsjge toEnglandin my own Ship, that you will be pleafed to
direft a Survey to be held on my Health, to enab,le me to pro
ceed to England in the Packet, which fails on Monday next ;
1 have furtherito affure you, that I am totally incapable, from
the fituation I find myfeif in, to affume the command of his Ma
jefty's ftiip Hercule. "Where I not to make this reprefentation to
you Sir, I fhould not do juftice to the Service, to you, nor to
myfeif. s I am, Sir,
Your moft obedient humble fervant,
J. A. WOOB.
To Sir J. T. Duckworth, k. b.
'Vice Admiral of the Blue,
Commander in Chief, &c.
H. M. s. Shark.

(No. 2) Shark, Port Royal, February 7, 1 805.
Sir, — In reply to your Letterj juft received, I am to obferve,
that your intended removal from his Majefty's ftiip Acafta to
the Hercule, has neither arifen from impropriety in your con
dudt, or any difpofition in me to give you the diftrefs of mind
you exprefs to have felt ; but I am called upon to fay, it difplays
a want of that energy an Officer ought to poffefs. The Lords
Commiffioners of the Admiralty having thought right to order
me to England, I fix upon the Acafta for that fervice, and of
courfe muft have the Captain and Officers ¦who have been accuf
tomed to ferve under my Flag ; removing you to a ftiip of much
greater confequence. I cannot fufficiently exprefs my furprize
at your requeft for a Survey on your Health, before you have
made any effort to re-eftablifh it ; nor is it confiftent with my
duty fo haftily to comply ; but if the Phfiycian feels it necef.
fary for you to go to fick quarters, I can have no objeftjon to
approving fuch Ticket. I am Sir,
Your humble Servant,
J. T. DtJCKWORTH.
To Captain Wood, &c.

14
(No. 3) Shark, Port Royal, February 17th, 1805.
Sir, — Having already acquainted you of my intention to hoift
jny Flag in the Acafta, and to remove you from the command
of that Ship to his Majefty's fhip Hercule, in the 100m of Capt.
Dunn ; and as you have pleaded ill health for not waiting on
me, I fend you herewith a Commiffion for the Hercule ; and as
rumour declares you have fixed not to remove, though into a
Ship of much higher confequence, I feel it a duty I owe to the
Service, and an attention I always wifli to pay to any Captain
who I confider in an error, to warn him againft fuch an un-of.
ftcer-like and hafty ftep. I am. Sir,
Your very humble Servant,
J. T, DUCKWORTH,
p. S. I defire your Anfwer without delay. J. T. DUCKWORTH,
To Captain Wood, &c. Acafla.

(No, 4) Acafta, 1 8th February, 1805'., Port Royal Harbour.
Sir, — 1 acknowledge the receipt of your letter of the lyth
inftant, with an order for me to command the Hercule, I muft?
beg leave to acquaint you, that my prefent ftate of health ren-
ders me incapable to take the command of that Ihip, and makes
it abfolutely neceffary for me to proceed to fea, or to Europe,
for thfe recovery thereof; nor can you. Sir, be unacquainted
with the circumftance of Rear Admiral Dacres having officially
intimated tome that it will be unneceffary for me to remove
into the Hercule, as he intends to hoift his flag in that fhip,
and to take his own Captain along with him, when I am to
be turned over into the Thefeus, a mere wreck, very uncer
tain, until fhe is examined, whether fhe will be able to pro
ceed to England with the next convoy, or remain here a hulk.
Thus, Sir, am I at all events (notwithftanding the appoint
ment 1 have the honour to hold from the Lords Commif
fioners of the Admiralty,) forced out of the Acafta my proper
fhip, without employmenfj 'and in ficknefs in an inhof-.

15
pifable climate, deprived of my rights as Captain of the Acafla,
from a large freight of money going home in the , fhip
which your Agents are now advertifing for, while 1 am
ftill Captain of the Acafta, As I conceive fuch treatment dero
gatory to the rank I have the honor to hold in his Majefty's
fervice, and attended with great hardfhips on me as afi indi
vidual, aswell as contrary to the rules and regulations laid
down by the Lords Commiffioners of the Admiralty, and the
ufual cuftom of the fervice ; I moft refpeftfuUy intreat that I
may be carried, to England in my own fhip (even a prifoner if,
you think it neceffary) that I may lay my cafe before the,
Lords Commiffioners of the Admiralty, to enable their Lord
fhips to direft your conduft and mine to be inveftigated before"
a Court Martial. jBy this requeft. Sir, I declare I do not mean the
leaft difrefpeft to you my fuperior officer, nor in any way im
pede his Majefty's fervice ; but I conceive it a duty I owe the
higli authority from whence I hold my commiffion — a duty I
owe to the fervice to which I have the honour to belong — and
a duty I owe to myfeif.
I am. Sir, with all due refpeft,
Your moft obedient and very humble Servant,
J. A, WOOD.
Vice Admiral Sir J. T. Duckiworth, K. &. &c.
:• H. M. S. Shark,, Port Royal, Jamaica.

(No. 5) _ ; . •,-
By Sir John Thomas I)uckworth> Knight
of the, Bath, Admiral of the
Commander in Chief of bis Majefty's
Ships and Veffels- employed, and to be
employed, ,. at Jamaica, the Bahama
Iflands, and Seas adjacent.
To Captain James Athol "Wood, hereby appointed Cap
tain of his Majefty's Ship La Hercules-Captain, Ri
chard Dalling Dunn, removed to the Acafla.
By Virtue of the Power and Authority to me given, I do
hereby eonftitute and appoint you Captain of his Majefty's Ship
La Hercule, willing and requiring you forthwith to go- on board
and take upon you the charge jmd command of Captain of Iter

i6
accordingly, ftriftly requiring all the Officers and Company be
longing to the faid Ship, fubordinate to you, to behave tliemfelves
j-ointly and feverally in their refpeftive- employments :with all
due refpeft and obedience unto you their faid Captain. And
you.are -likewife to obferve and execute as well the General
Printed Inftru6lions, as what Orders and Direftions you fhall
from time to time receive from any your fuperior Officer, for
his Majefty's fervice. Hereof nor you, nor any of you may
fail, as you will anfwer the contrary at your peril ; and for fo
•doing this fhall be your warrant. Given under my hand and
Seal, on board his Majefty's Ship Shark, Port-Royal Harbour,
Jamaica, this Seventeenth day of February, in the Forty-fifth
year of his Majefty's Reign. J, T. DUCKWORTH.
.By Command of the Vice Admiral, w. ANGOVE, Pro Sec.

(^o. 6) ' Shark, Port Royal, February ig, r8o5.
Sir, — I have received your's of yefterday's ¦ date^ and as I
only feel myfeif refponfible to his Majefty, and the Lords Com
miffioners of the Admiralty, for ay ronduft, I fhall enter into
no further explanation, than that I think it for the good of the
King's Service tp remove you from the Acafta frigate itfto his
Majefty's (hip Hercule, for which purprfe I have fent you a
Commiffion, and can have no reference to any aft of Rear Ad
miral Dacres'^, when I have quitted the Command, but fhould
ybu not perform the Duty for which you are appointed Captain
of a Line of Battle Ship, it will reft with you to account for it
to his Majefty's Service ; nor can I admit of any further corref
pondence, without, as Captain of the Hercule, you fhould be
found, from ficknefs, unfit to continue in this Climate.
I am, Sir,
Your very humble Servant, -'
J. T. DUCKWORTH.
To Captain Wood, Commiffioned
to Command the Hercule, &c.

17
(No. 7) 5urfuant to an Order froin Sir Jphn Tho
mas Duckworth, ¦ K., B, Vice Admiral
of the Blue, Con;im,ander in Chief, &p.
We, whofe Names are hereunto fubfcribed, have been onboard
his Majefty's fhip Acafta, and there carefully inTpeft^dj the fti|tc
of Health of Captain James Athol Wood, of t^e faid, fhip» who
we find has long been fubjedt to obftrudlion in the liver, and 3,1
prefent complains of fevere pains in the fi4e attended with
great debility, in confequence of long confineinent to his cibin,
together with much anxiety of mind, which has, enervai;ed
him fo much, that we recommei^d,,liis removal to a Northern
Climate, as the moft propable mejaps of re.eHablifhing his health.
Given under our hands^ on board ihis Majelty's fhip, Acafta,
Port Royal Harbour, Jamaica, the 22d-.day of February, 1805.
p. BLAIR, Phyfician to the Squadron, ' '
J. CAEGORY, Surgeon of the Naval Hofpital,
A. ROWAN, Surgeon of the Theftus.
H. EwiNG, Surgeon pf. the Hercule.

?B=

(No. 8) ""¦•'
Lijl of WINES, &c. in Cafei, from L'Herctdi,
I 7 Dozen Cyprus, and 1 do. Syracuib
4 4y Dozen Seiges, and 3I do, Sardinia
5 7 Dozen Malmfey, 3 cafes do from General Nugent
9 4|- Dozen Seiges, Peach Brandy, snd'Afrack
II 7 Dozen Bercellus ',
12 6 Dozen do ,.^
15 7 Dozen Sherry, dra.wn off at Antigua ' '
17' 7-Dozen do '-¦' '"'''.;' .' '•', _^
18 7 Dozen do ' ' * ' ''
23 4 Dozen do
6 Cafes, containing 6 dozen Noyau
WINES, &c. fent from the Penn,
1 Vin d'Pay, Mufcadell, ^nd fweet 'Wines
2 7 Dozen particular Madeir*
3 7 Do do do, ^
4 , 6 Do . do , dq
o 7I I)o2fen Sherry c

i8
7 -7 1 Dozen Sherry
8 71 Do -do
9 7 Dozen Sherry, drawn off at, Antigua
,10 8 Dozen Teneriffe
II 7iDo do
12 7^ Do- do
13 7^00 do
14 7i Do do
15 7t Do do
16 7x Do .do
17 Cafe of White Burgundy
A Cafk, containing iz dozen of Small Beer
Two Cafes, containing 2 dozen and 5 bottles of Noyau
Thirty dozen Small Beer
Twenty dozen Porter
" WINES, &c. in prefent ufe in the Store Room.
Fourteen dozen Madeira - ¦
Six dozen of Engliffi Claret
Twenty-two bottles French ditto
Twenty-two dozen Porter
Twenty dozen Small Beer' " '
Seven dozen and half Port 'Wine
Five dozen Teneriffe ^. . ^
Five bottlesT.Noyeau
Twenty-fix ditto Rum
Twenty-two ditto Brandy
A Cafe and one Bottle of Gin . ,^
Thirteen dozen Briftol- "Water in a Cafe ,,, , .
Two Cafes containing bottled Water, from Penn, in Guij-Rodnt
A Cafk containing 8 dozen Briftol Water ^J. ' , ',
A Barrel of Coffee ); ' , ,
Part of two others in ufe > . ^. .
Sundries iti Gun Room, Brfadroom, (3c.
One Cafe containing cannifters of SnufF ,
One Cafe cdntainirig about' io bottles Snuff
One Box Segars and Tonquirl Beans
One Cafe containing Arrow Root in ajar and 6 cannifters
One Cafe containing 12 quart bottles Caftor Oil, 7 pint ditto,
and 12 fmall bottles Cayegne fepper

19
Six fmall cafes containing Sweetmeats and. Pickles
Thirty. three Barrels of Fruit, reduced by confumption and decay
to thirteen ., i
One Barrel Limes
Three Boxes Segars, in Admiral 'i Cheft in the Steerage
Main Hold,
One Cafk containing 14 dozen Cocoa Nuts
Thirteen Calks of Guinea Corn for ftock
s In the Hold,
Seven Logs and two Slabs for Sir J. T. D. Mahogany ¦
Two ditto for Admiral Louis of the Leopard
Between Decks,
Two Logs Mahogany, one on each fide, the fore 1 part of the
Fore- Hatchway
One Cafe a.midfhips containing Furniture, aft the ForeHatch-
¦way.
One of ditto in the Hold, being Sir J. T. Duckworth's "Ward-
robeJn two part* Lift of WINES, iSc. in Cafks,
One Pipe Madeira from Leviathan, Mr. Baker
Four Hogfheads ditto from Diana, .for ditto ,..i,:,, ,.
One Pipe ditto for Lord Lilford, from Vanguard
Two Hogfheads ditto, for ditto ¦:
Two Pipes ditto from Thefeus
One ditto from Princefs Charlotte ' ¦
Three ditto from Kingftbn, one of which for Capt. King
One But of Rum
One Puncheon ditto
Six fmall Cafks of different fizes of ditto
One Puncheon of ditto from Kingfton, for Admiral Sterling
Peduft two Pipes and two Hogfheads of Madeira for Captain
Dunn, for the fame quantity of his Wine ufed by Sir J. T.
D. at I^enn. ,1 GEO, MOREr.

SfO'
The Names of feveral -Nbblemen and Gentlemen, for whom
a great part of the above.articles were intended as prefents, wete
ftated to the Court; and it appeared, that feveril Pipes and
Caflcs of the "Wine had been the property of Captains Baker
and Powis, who had died in the Weft Indies, iadvfere dfeftined
to their Relatives.

(No. lo) Thefeus, Port Royal Harbour, 2iftFebrqary, 1S05.
Sir,^Purfuan,t to your order of this day's date, I repaired
on board his Majefty's ftiip Acafta, with Capt.'Dutiii, to en
quire into the caufe of Capt. "Wood's not it&itig-\ipon the
Commiffion you fent him for the Hercule, and his lefufal to
quit the Acafta ; and beg leavi to repoVt the following as Cap
tain Wood's anfiyer to that enquiry — " That his ftate of healthy
" WooldJaqt permit of his t<aking diai^ge of L'Hercule, or any
" other fhip ; that he would not quit the Acafta." On re^
coUeftion, he faid, ihe nieant, " he could not quittte-A-eafta ;•
" if Capt, Dunn chofe, he had the power to hoift him out ;—
*5 Dr.. BUir had told-hlnl, and would declaVe to his inability,
" to do duty, and that all his wifti was to 'g^ hOhie iW t'he
" Acafta as a paffenger." I am, Sir,
Your obedient hambleiServant, J, W. DACRES,
Vice Admiral Sifijohn Thomas Duckworth, it. b. '' ' , '
Comirianddt in Chief, &c. ' . . ¦

(No. 11) ,¦ ..
By the Commiffioflers for .executltig the office of Lord
High Admiral of the Ijnited Kingdon^ of Great
Britain and Ireland, &c, ,
Whereas we have appointed James Richard Dacres, Efq.
Rear Admiral of the Red, to relieve you in the command of
his Majefty's ftiips and veffels at Jamaica : "You are hereby re
quired and direfted to deliver to tiie faid Rear Admiral all fuch
ftanding orders and inftruftions relative^tothfe above-mentioned
command, as may remain in your hands, either • in ^r-t- or In
the whole unexecuted ; and proceeding to England in such flip

2^^
#
AS you Jhali judge 'piof proper ; repair to S^jithead foi" farther
orders, tranlmitiing to our Secretary, an account of yout- ar-"
rival, and proceedings, : Given under our haiids,- the 17th No
vember, 1804, "' P,' STEVENS.
¦ ¦•>"¦- ¦' ' ' ' J- GAMBIER.
:,.-  J. COLPOYS.
To Sir, John Thos, Duckworth, K. b. Vice
Admiral of the Blue, &c. at Jamaica. ^
By command of their Lordfhips,
JOHN bajlrow.

(No. 12) copy.
Shark, Port Royal, Jamaica, 9th Feb. 1805'.
; Sir,ri-The Lords Commiffioners of the Admiralty having, inv
their ord^ of the 17 th of November for my return to England,-
euopreOS^j-jtheir .permiffion for .my employing fuch ihip as 1,
might judge proper for that ftrvice ; I acquaint you, for thei
JnlorfevaBtidn of their, Lordfhips, th?it as the lervicesjtof the The
feus wri 111 he rendered -Jufelels whilft heaving down, I corifidet,
the nnhabitants pf. this valuable colony would feeliieglefted to
bft left Wiith only floeiaftSve line of battle fhipi; I tfiehefbre, wheiv
the Hercule returns into Port,' fhall remDve Capt. -Wood, of
the Acafta,. into that fhip, ,ahd pKuceed to -EnglBiul in the fri
gate, which event I now hope.wiil take.place^on.the 25th inft.
.T.i'XT.'.- , I am. Sir, -,
.;. Your obedient humble Servant, "¦
(Signed) j. t» duckworth.
Wmi?Ba;Marfde.n, Efq,.&c.

(No. 13) COPY.
By Sir John Thomas DUckwonli, k. b. Vice
'J Admiral of the Blue, Commander in Chief,
"J - ¦ ''&e.
It having been reprefented to me that Capt. Wood has re
fufed aftibg-iipOn thecominiflibn for Heitiflft which I fent, and
refufed to 'qiiit the Acafta: ' ' ¦'^'- '-^?'^
You-ate^hereby required and dire^ed tb-repair ofa bodrd: ihe
Ateafta #it)i Ca|)t. Dunn, Snd ehquir^ into the caufe thereof,

2*.
reporting to me from under your hand, your proceedings
herein. r
- Given, on board tjie Shark, Poi't Royal Harbour,
Jamaica, this z ift February, 1805.
, (Signed) j. t. Duckworth.
By command of the Vice Admiral,
C. WILLIAMS, PRO. SEC.

(No. 14) By Sir John Thomas Duckworth, k. b. Vice
Admiral of the Blue, Commander in Chief,
&c.
Capikain 'Wood, of his Majefty's fliip Acafta, having repre
fented to Rear Admiral Dacres that his health is in a ftate that
will not' permit of his taking charge of L'Hercule, or any
other (hip ; of his inability to do duty, and that he could not
be removed from the Acafta but by force ;
You are hereby required and direfted to repair on bbard the
Acafta, and examine' into his ftate of health, reporting' to me
from under your -hand, your opinion whether tbe removing of
Capt. Wood frbm the Acafta, either to-the Hercule or the fhore,
would be attended with danger to his life.
Given on board th? Shark, Port Royal Harbour, Ja
maica, 2 ift February, 1805. ' "' "
(Signed) j. x. duckworth.
To Dr. Blair, Phyfician of theTleet, Sec.
By command of the. Vice Admiral,
(Signed) c. Williams, fro, se&.

(No. is) Port Royal Harbour, Jamaica, 21ft Feb. 1805.
Sir, — In anfwer to .your letter of this day's date, wherein
you are pleafed to inform me, that Capt. Wood, of his Ma-
je-fty's fliip Acafta, has ftated to. Rear Admiral Dacres, his in
ability to take charge of L'Hercule, in confequence of illnefs j
and wherein you defire me to enquire into his ftate of health,
and to report tpyou, whether, or npt, be is in a condition to
be, removed to the Hercule or the fhore : I am to acquaint you,

23
that I do'not think Capt. Wood^ie'at this moment fit-to take
charge of a fhip, as he is quite unnerved from fhagceen, and
coill^nement to his cabin ; but I am firmly of opinion, that he
may be moved either to the' Hercple or the ,ihorey without the
fmalleft rifk to his life, as his prefent difeafe Is purely mental.
•' 1 have the. honour tO' be, Sir,- r',. •¦ i j
Your moft! Q&edieni humble Servant,
¦r. • ¦ , t. BLAIR.

(No. V6) , . ,. ,' '¦';
By Sir John Thornas ffiickworth, k.- a. Vice
Adtriiralof the'Blue',' Commander in Chief,
&C, J.:^:---^ -¦¦-=
It appearing from a repo!r^,of Rear Admiral Dacres, that
Capt-, James.-A.i;Ijiii?il Woq,d, ^as reprefented himfelf to be in a ftate
of health unfit tp comman^Jibis Majgfty's fhipiHeccule, for
which I.have'jCQiiimiffipnejd himj or any other fhip hp^iBoay be,
ordered to, for, the good pf the King's fervice: ,,,,;,; , , ,
You are, therefore, hereby required and direfted tp pTO|pe!--d
and carefully I infpeft into the ;ftafe of Capt, Wood's ^.^al^h^a^d
reportito me your opinion of th,e fame , ,. , , t,'
' / ,^i Givdo" board the Sha?k, 'Fort Royal Harbour, Ja-
.rtniaip3, 2ift February, 1^05. ., .<. i
'¦ 'H .?'-.- . U .¦ ij- i* D.U.CKW.ORTH.
To Dr., Blair, Phyfician of l^s, ^Iajefty/s ^,,p
Squadron, thCfSurgeon of h.;M. iiaynl ;,,.;:'
HofpltOil, and S^urgeon of h, M.fhips,^
Hercule,, Thefe'us, apd Reindeer* ,^ , ,
By comman4;(ifitl}f.Vioe Ad,mj[ral, "
' , - ,(SignedJ,r . r.i t. headlain.

(No, 17) . ¦ ., ,, n:-, .'"rr,,,, .-,o,.t .,y,\
Pu'rfiiant to an order frbm Srr-/Jbbn:,;ThpiJias
Duckworth, m. b. Vice* Admiral of the,-Blue,
' -' Comtnander in Chief, (&c, ' ,:<
We, vvhofe -names are hereunto fabfcribed, tiave been on
board his Majefty's fhip Acafta, and ' there carefull,yiinfpefted
the ftate of -health of Capt. JamesAthol Wood, late/ of the faid
fhip^ who, we find, ¦ has long been fobje^ to obflruftion in [the
liver, and at prefent complains of fevere pains in the fide, at-

24
teniUd with graatalBhaUijyVEiai c&ots'ffffepi^e. b f lon'g con (i.rtement
to Ms cabin, Stoigeth4rs),wi|^)iJiuc1i anxiety of mind, whjch has
einerVated him'ibmuch, tiia*:»'JreGOHimcnd his teroiQMal t/» a
northern climatefas -the moft-pnobable means of re-eftabl-ilhing-
his-healtht Given under our;:haods on board his^MajeAy's fhip
AcaSay! Port; Ro{iaB,Ffetbour, Jamaica, the 22d
• day of February, 1805.
P. Blair^ Pliyfician to the Squadron.
J. Gkegort, Surgeon of the NavaUHofpital.
A.-Ro-WAN, Surgeori.pf h. m. s. Thefeus.
H, Ew'iNCi,,.Surgeon of H, M. s, Hercule.

(No, 18) ctopY
' T^'' - Acafta, Spithead, April,
' Sir,; — I atrf'to reqiieftyou' will inform thd imds Commif-
fibneri of the"'^Admiralty of thea^Hval of his Majsft^'a fhip
Acafta, bearing my Flag, Captain Richrfrd Dalling Dunn, We
f^ifta'^'fSbm Jamaica the firft bf March ; on the 6c'h aachwed at
Ga^=<Nichola Mbl<e', and continued there till theSlh, tbj'kfeejtain
whether a, report of the Eftip6rbr DeffalineS having matched
¦with Ris "arttiy tea'tfeck'the Town of St, Dotoiniqiie^ was well
founded; and it appeared, 'from the ftatement of the (Black)
CcflonelCoBfinMrida'ht of tjiat Place, that the Army, confifting
of more than 20,000, was on itS march, in' toufr divtfibns,"
under Deffalines, Chriftophe, Clairreax, and a- fourth^ . vfhbfe
name he could not recoUcft ; but he'eould giveirasno further
intelligerjce. In th.i,s Ship there is a Freight of i).6G',boP Dol
lars, which v^enl^'nded, I Ihouldbe obliged if their Lordlhips
wollld'alIo^V Cifjjtatn Dunri to proceed with her to Plymouth,
to land my Furniture, and the various accumulation of Arti
cles, after feven years andsa^'half's abfence ; andl fhall wait
their Lordlhip's commands for my further proceediiig§, •-,; ,
¦ •! aJrV-tonbeg ybii will Acquaint ;thair Ijoiidlhiipl, that Captain
Jafn^s'- Athol. Wood,, late bf his.Majefty's fhip Acafta, is come
home irtvalided ; forslhe. particulars of this tranfaftion I muft
refer-their Lofdfhips.lo my Letter of the 4th of March, with
the various documems that explain a condtift moft unofficerlike,'
and replete with difiobedience that I believje has ever occurred
in Public Serviice ; but I underftand, he, confidered me as 31?
Gffioer' recalled, rand thereby diverted of all Pijweri Vs^j

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