The TRYAL.

At a Court-Marshal holden on Board the Britannia at Spithead, the [...] day of April, 1694. Present, Edward Russel, Esq Admiral, Lord Berkley, &c.

CApt. Wickham. You are brought here to answer for the King's Ship The Diamond, wich was lost under your Command, and here are several De­positions against you:

Whereupon Lieut. Coleman was called, and his Deposition read, (which had been penn'd with as much Art and Cunning as possible) the Heads whereof were as follows —

1. That Capt. Wickham sold thirty or forty of his Men to the Merchants Ships at Barbadoes.

2. That he did not order the Ship in a readiness when the Engage­ment approacht.

3. That he the said Coleman did advise Capt. Wickham to take some Men out of the said Merchants Ships under his Convoy.

4. That Capt Wickham came down between Decks, and said we must take Quarter.

I have been denyed a Copy of my Charge, and I therefore pray I may have time to recollect, before I give an Answer to those Accusations.

Sir, you had time enough to prepare your self for the Tryal.

Sir, This Gentleman that has thus accused me, knew very well that I would lay the Loss of the Ship to his charge, for selling Nine or Ten of my best Men a few dayes before we left Barbadoes, as is well known to Coll. Holt and Major Delaval, who are now ready to at­test the Truth of it.

He is the King's Evidence, and his Deposition is good against you.

Here is a Paper under this Lieutenants Hand, when the Action was fresh in his Memory, wherein he has given a true account of the whole Matter, and is contradictory to what he now alledges, and I therefore desire this Paper may be read.

It signifies nothing, he has sworn to the contrary, what he has sworn is to be believed.

It signifies nothing.

You do not know what is in it, and I beg it may be read, the Action was fresh in their memories when they signed it at St. Maloes, it was their voluntary Act, and they are Witnesses one for the other.

It will do you no good, they are Evidence for the King, and they have sworn to the contrary.

No, it will do you no good, they have sworn to the contrary.

If it will do no good, I desire however it may be read, because it will make them appear to be a pack of Villains.

Come Sir, come to the Business, the Kings Ship is lost, by your selling thirty or forty men, as your Lieutenant has sworn; what have you to say to that?

I beg liberty of the Court to ask Lieut. Coleman a question.

Ay, pray do.

Do not you own that you signed a Certificate at St. Maloes of the Action?

Yes.

Was it not your Voluntary Act?

I don't know but I might have been detained there, if I had not signed it.

Have not you owned since you came for England, that I behaved my self with as much Honour in that days Action, as any man in the World, for that (as I am told) was your Expression?

I never said such a Word.

Then I pray the Court to give me leave to call in three or four Witnesses, Lieut. Fisher, Lieut. of the St. Michael, Mr. Burchet the Admirals Secretary, &c. Who will all certifie they heard him highly com­mend my Behaviour in that Days Action, and said that I was very unjustly abused by the Mob.

It signifies nothing to call your Witnesses, nor can what they say be any thing to your Advantage, for Coleman is upon his Oath, and denies all.

What have you to say concerning your selling thirty or forty Men?

What Men I spared to the Merchant-men were their own, or in lieu of some of those I had taken from them at their first coming to Bar­badoes, if I had not returned them part, they must never have sailed from [Page 3] thence. And moreover, their Majesties Orders are positive against the dis­abling Homeward-bound Ships, and that upon Miscarriage in such cases the Captain shall be answerable for the loss of them; but I had Sir Francis Wheel­er's Orders to assist all the Ships under my Convoy, as much as was possible: I never took a bribe of any Man, neither did I spare above twelve Men a­mong the thirty Ships that came with us from Barbadoes, and those were to such as I had disabled. I can prove that Lieut. Coleman sold nine or ten of my best Men at our coming away, as is well known to Coll. Holt and Maj. De­laval, who are both here, and will swear to the Truth of it;

upon this a man was called, who said that he and two more were put on board one Elderidge at Barbadoes, and that he was told that Captain Wickham had a Reward of fifteen Guineas.

I did put that Man and two more on board that Ship, I do acknowledge, but it was by order of Sir Francis Wheeler, and here is un­der the Masters Hand to avouch that I had of him no manner of Considera­tion for the said Men, but spared them to him in Obedience of Sir Francis Wheelers Orders.

The Man own'd it was done while Sir Francis Wheeler was there.

Then the Gunner's Depositions were read, which agreed with the Lieute­nants, that the Ship was not in so good a condition to receive the Enemy as she ought to have been, and by the Captains Neglect; and that he the said Gunner spoke to the Captain five or six times to get more Guns out below, and that the Captain replyed, No, it signified nothing, only put out four more to windward.

The Carpenters Depositions were read, that the Captain did not order more Ports to be knockt open than the Gunner speaks of.

Why was not your Ship in a Readiness when the Enemy approacht?

I ordered the lower Guns to be run out, so far as a Gun before the Main-Mast, which was a great many more than I had hands to manage, and if more Ports had been opened, not having Men to defend them, it would but have exposed us the more to the Enemies small shot, having many Occasions in time of Battle to run forward for Powder and o­ther necessaries at such a time; and besides, it was giving them more breach­es to enter in at, when they boarded us: This was what I was cautious of: And the Enemies made themselves Masters of those ports we had open, for want of Men to defend them, as soon as any other part of the Ship. A fort­night before we come near the Channel, I ordered all the Sea-ments Chests into the Hold, all the Cabbins to be knockt down upon the Gun-Deck, that all might be clear at a minutes warning, and this very Gunner, as well as my Lieutenant, hath often said to me, that we were in such a readi­ness, that it was impossible we should be surprised by an Enemy. I seve­ral times told them and the other Officers, that if any thing they could think of in the Ship were out of Order, they should acquaint me with it, and if we had had success, they would have remembred the care I took at all times to have my Ship in a readiness to enter upon Service. They both own that I ordered them to manage the Gun-Deck, and that to be their Charge, and all the Men to their Quarters there, and yet they have sworn that I would not suffer more than five or six Guns to be put out; we were engaged three quarters of an hour before we were boarded, and for them to employ for­ty of such hands as we had at four Guns or six, is somewhat strange, hav­ing twenty spare Guns by them, which they themselves might have run out in a minute, or as many of them as they could have managed. I ap­pointed my Lieutenant and Gunner to do the best Service they could upon [Page 4] that Deck, and if there was not Service done, it was their fault and not mine. I managed the upper Deck to the utmost of my Power, without any assistance; my Master was bed-ridden, the Eldest Lieutenant distract­ed, and in a little time the chief Mate was blown up; and if this Lieute­nant and Gunner had not more Guns below out, (altho' they had my express order for it) they should have come up upon Deck, and help'd to have defended the Ship there, but Coll. Holt, Capt. Garth, Capt. Hutch­inson, and my self, were left alone, as they are ready to certifie, after we were boarded by the Ship of forty Guns, and three hundred Men, and en­tered by Ninety at least; they can likewise witness whether this Lieutenant and Gunner came to assist us with any of the Men they had with them, tho' I called to them several times, and did what I was able to get them to our assist­ance, but they thought themselves safe, and very well knew upon whom the blame of all would be laid. If they had been the Men they pretended to be, they would have done something extraordinary with the Men they had, and if they had not done it out of their Zeal for the Service of their King and Countrey, yet I did verily believe the favour I had shown them would have inclined them to have stood by me in such an Exigency, and not have left me to shift for my self. Capt. Garth can testifie, that when he and I retreated upon the Gun-Deck, in hopes to joyn some of our Men there: We found the Enemy was entred, and we saw not beside the Gunner above three of our Ships Company.

Why did not you take the Men out of the Merchants Ships?

The Merchants Ships in our Company were so weak, that I should have run a great hazard in disabling them at Sea, for the Ene­my having two good Ships, and the Advantage of their sailing, one of them might have kept me in play whilst the other had taken all the Merchant-Men, and then I must have been accountable for their loss, the Mer­chants would have said two Privateers would never have attempted a Man of War and a Fire-ship, tho' I had been ill manned. But besides this, most of them kept to windward, and at such a Distance that my Boat might have been intercepted by the Enemy, and then I must have suffered for sending a­way the Boat at such a time with so many Men.

Why did you go down between Decks, and tell them they must take Quarter?

Coll. Holt, Capt. Garth and Hutchinson, can all testifie, that I was so far from asking quarter, that I stood with those three Gentle­men in our Steerage, till at last having neither Officer nor Seamen to stand by me, forty French Men were in the Great Cabbin, Coll. Holt, and Capt. Hutchinson were seiz'd in the Steerage, and Capt. Garth and my self leapt down between Decks, in hopes to joyn some of our Men there, but instead of meeting with them, were immediately engaged there with three or four French Men, one of which he killed with his Sword, I wounded another of them, and then were we presently blown up, and both suffocated, as the said Captain Garth will testifie upon his Oath.

Then the Pursers Deposition was read, purporting, that after the Ship was engaged, he retreated into the Forecastle with seven or eight Men, and defended that till he heard the Captain had taken Quarter.

Another Man deposed, that he saw Captain Wickham in the Hold, after the Ship was blown up between Decks.

What have you to say to this Captain?

I beg leave to ask this Man some Questions.

Ay, Ay,

At what time did you see me in the Hold?

After the Ship was blown up between decks.

Will you swear to what you say?

He has taken his Oath, —

Where was Coll. Holt, Capt. Hutchinson and Capt. Garth, when you saw me in the Hold?

Coll. Holt, Hutchinson and Garth were between Decks.

Will you swear to that?

I have sworn it.

It is as true, that I was in the Hold, as that they were between decks, I therefore pray the Court to take Notice what this Fellow says he has sworn to, and examine Coll. Holt and Capt. Hutchinson, whether they were between Decks in my Ship in that days Action.

It signifies nothing to ask them.

Call Coll. Holt and Capt. Hutchinson, which was done.

Was Capt. VVickham in the Hold after the Ship blew up between decks.

We were both seized by the French in the Steerage in the Captains Presence, before the Ship blew up between decks, and we declare, that neither of us were between decks in Capt. VVickhams Ship that day, but upon their seizing of us, the Captain jumpt from us down between decks, and Captain Garth followed him.

Capt. VVickham have you any thing more to say to this man?

Yes, I hope the Court will take notice he is forsworn, and besides, I have his Hand and all theirs that have sworn against me to contradict what they have said, and have Evidence ready to make it ap­pear that most of my Officers owned for the first Month after they came for England, that they had signed and left a Paper in my Hands, contain­ing a true account of the Action, and that while they speak well of me, they were in danger of having their bones broke, and could not have Pre­ferment, I therefore again pray that this Paper so signed may be read.

Read that Paper.

Clerk reads as follows.

When half the Paper was read, Captain Wickham interrupted, and said —

I hope, Gentlemen, you will allow the Kings Ship was [Page 6] fought for, where there was fifty two killed and wounded out of eighty, and you will find when my Witnesses are called, their Declaration will agree with this Paper, which is a true account of the Action.

Sir, You are not to fortell what your Witnesses will say for you, they shall be heard, when we have done with the Kings Evidence.

Two or Three of the Ships Company were called.

What have you to say against Captain Wickham?

We believe our Ship was lost for want of Good Conduct in the Captain, for that he seemed to be in great disorder and consternation.

I think it very hard that my Swabbers shall be asked how I behaved my self in that Action, when there were indifferent Per­sons, and Men of Honour on board, who were great Sufferers by our Mis­fortune; they are here, and I desire the Court will hear their Declarations.

Call Coll. Holt. He appeareth.

What account can you give as to the Loss of The Diamond.

Sir, To my Knowledge Capt. Wickham did his utmost en­deavour to defend the Ship as long as it was possible, and they wrong him who say to the contrary. I remember very well, after we were board­ed by the Philippo, upon the Starboard-quarter, the Captain order'd every Body to their close quarter, and Capt. Hutchinson, who was shot thro' the arm, Major Garth and my self retired along with the Captain off the Quarter-Deck into the Steerage, the French at the same time entering at the Gallery in the great Cabbin; we defended the Steerage as long as it was possible; I verily believe the Ship that boarded us had forty Guns, and three hundred Men, and at the same time the Captain had no body to stand by him but the Gentlemen which I have named, tho' he endeavour­ed what he could to get more men to our assistance. We had some Powder fired in the Steerage by their Granado-shells, which almost suffocated us, and I saw it was to no purpose for us to pretend to hold out much longer, unless we had had more men, being at that time not a­bove four or five to defend the Steerage, the rest of the Men being run away: The great Cabbin was full of the French, who were then entering in every where, the other Ship of thirty six Guns within half Pistol shot upon our Weather bow. In this Condition Capt. Hutchinson and my self were seized on by the French, both of us took quarter, and the Captain and Major Garth jumpt down between Decks. I saw a Declaration sign­ed by Capt. Wickham's Officers and Sea-men at St. Maloes, which gives a true Account of the Action, it expresses the Men we had Killed and Wounded, and also the weak Condition we were in when we began to Engage. If the Captain of the Fire-ship had acted his part, I verily be­lieve we should not have miscarried in that dayes Action.

Coll. Holt is a Land-man, and those that are the King's Evi­dence, being Seamen, are better Judges in such a Case.

Withdraw.

Call Capt. Hutchinson.

He appears.

What can you say as to the Loss of The Diamond?

When we saw the Enemy first in the Morning, I heard the Captain order the Ship should be cleared, and all things ready to engage, he immediately brought too, to stay for the Merchant-men, and made them a Sign to give Notice to them to clear their Ships; I heard Capt. VVickham call to Capt. Perry in the Fire-Ship to keep close under his Lee-quarter, within call, and when we made the two Ships plain to be French-men, the Captain ordered all the Ships Company up­on [Page 7] Deck, told them to this effect, that they had now an Opportunity to do their Majesties Service, added, that the Enemies Ships were small ones, and we must fight a dozen such as they were; he took particular Notice that none of his Men were drunk, and drank their Majesties Healths to them, afterwards ordered every Man to his Quarters. I remember one of the Ships came first upon our Larboard-side, pretty near, and we fired warmly one at the other for a considerable time, and I observed this Ship did us very much Damage: Then the other of forty Guns, and I verily believe three Hundred good Men, fired their Broad-side in our Star-board quarter, and boarded us there; presently after the Captain upon their Board­ing us, ordered every body to their close Quarters, and at that time I took Notice, that upon the Quarter-deck, where I and the rest of the Land-Officers were with Capt. Wickham, there were not above five left but were Killed or Wounded, the Enemies small-shot did us so much damage there. Coll. Holt, Major Garth and my self, along with the Captain, retired into the Steerage, which place we defended as long as we could. Major Garth guarded the great Cabbin-door with a Blunderbuss, it being then in the Enemies possession: Their Granado-sheels fired some Powder in the Steer­age, which almost suffocated us all; and I observed the Captain received much Damage at that time; there was no body but the Gentlemen I have named, and a Boy along with us, besides what were disabled, tho' the Captain did his utmost Endeavour to get more to our assistance, the great Cabbin being full of the French, Coll. Holt and my self seeing there was no possibility of any longer resistance, being seized on took quarter. Captain VVickham and Major Garth leapt down between Decks, I verily beleive that in the two Ships the French had five hundred good men.

Mr. Russel interrupted Captain Hutchinson in his Declaration, and said he was a Land-man, and not a proper Judge of Sea-matters.

Sir, I had Eyes, and could see who fought, and who did not.

Withdraw.

Call Major Garth.

I desire to be Sworn.

Sir, you are to declare what you know without being sworn, since you are not an Evidence for the King.

I saw Capt. VVickham all the Action, and know he did as much as was possihle to defend their Majesties Ship, after we were board­ed by a Ship of forty Guns, and three hundred Men, by the Captains Or­ders we retired to our close Quarters, and there was not one of his own Men stood by him, or was along with us in the Steerage, besides Coll. Holt, Capt. Hutchinson wounded in the Arm, my self and a Boy, tho' the Capt. endeavoured as much as he could to get more to our assistance, the Great Cabbin was then full of French Men, who entered at the Star-board-gallery, which they laid open with their great shot. I defended the Cabbin door with a Blunderbuss as long as I was able, till at last they seized Coll. Holt, and Capt. Hutchinson at the same time: Capt. Wickham and I jumpt down between decks, in hopes to joyn with some of our Men there, but the first we met with were four French Men, who asked us to take quarter, but we engaged with them; and I my self kil­led one, and threw another of them towards Capt. Wickham; and in this condition we were both of us blown up, and quite suffocated. I do like­wise declare, that I did not see besides the Gunner, above three of our men upon the Gun deck, and whoever says that Capt. Wickham did not to the utmost of his Power endeavour to defend their Majesties Ship, [Page 8] as long as any body stood by him, wrongs him to the greatest degree in the World.

Captain Wickham, have you any more Evidence?

Yes, I have Evidence enough to prove the truth of the Paper signed by my Officers at St. Maloes, and that they stood to it a Month after they came for England, but for the Reasons aforesaid they durst not speak well of me, and I therefore pray my Witnesses may be called.

Captain Wickham, your Witnesses as to this matter sig­nifie nothing, the Kings Evidence have sworn the contrary.

If you will not suffer my Witnesses to be called, who are ready to prove that my Officers have been corrupted since they came into England, I pray that you will call in Coll. Holt, Capt. Hutchinson, and Capt. Garth, who were indifferent Persons in the action, and hear what they have to say in favour of those men, who are Evidence against me: They have already declared that I did my utmost Endeavour to defend their Majesties Ship, as long as I had any to stand by me.

They are the Kings Evidence, and need no Mans Certificate.

Captain Wickham, have you any more to say?

No, if you deny me such reasonable requests, I have nothing farther to desire, only that the Court will consider that fifty two men be­ing killed out of eighty is an Argument that the Kings Ship was fought for; this was attested at St. Maloes' by all the Ships Company that re­mained, and I have given their Declaration already into the Board under their own Hands. I have something to say against Capt. Perry, the Com­mander of the Fire ship, and I desire I may be heard when he is called in,

upon which Capt. Perry was called, and after his Officers were Examined, Capt. Wickham was sent for.

What have you to charge Capt. Perry with, Capt. Wickham?

Sir, Capt. Perry might with ease have intercepted the French's boarding of us, if he had but kept in the Station I ordered him, which was to lye close under our Lee-quarter, within Call; and that was my Orders to him, in the hearing of his Ships-company as well as mine; be­sides, I made no Sail but our Top-sail half-mast, that he should have no Excuse for being out of the way.

I was in the station you ordered me to lye in.

If you were, then you quitted it to the Enemy, for we were boarded upon the same quarter I ordered him to lye, which they could not have done without being on board of him, if he had been in his station, as he pretends he was; I appeal to the Court-Marshal, whether it was possible for the Enemy to have boarded us where they did, if Capt. Perry had not sheered from them as they past him.

You were to have made me a Sign with your Sprit-sail Top sail, which I have to show under your hand.

Yes, I own it, but you well knew that was in case I could not speak with you before we engaged; if so, I was to have made you the sign you speak of, but this caution was added to my Orders, that Acci­dents might happen which might hinder us from making the sign afore­said, therefore when we saw an Enemy, I ordered him to use his utmost Endeavour to get within call of me and that I would then appoint him a station, where I thought it most proper: He likewise knew, I chiefly de­pended upon his intercepting the Enemies boarding of us, if he saw them attempt it, and that was my Orders to him, and his not doing it was the loss of our Ship: Nay, his own Master prompted him to board the Ene­as they past him, which I can prove; Capt. Perrys answer was, he would [Page 9] not be Fool-hardy, and at the same time commanded the Helm, a Weather, which I think was plainly sheering from them, his Master likewise minded him of our weak condition, and told him to this Effect, that the Enemy had four times our number on board, and would certain­ly carry us, if he did not endeavour to intercept them; at this time the other Ship of thirty six Guns, and two hundred men, lay within half Pistol-shot, upon our Weather-bow, which Capt. Perry could not but see. But besides all this, not half an hour before we engaged, he sent his Boat on board me for a barrel of Powder to prime his Ship, which was a great Token of his Readiness to go upon Service, when he had concealed his want of Powder till that time of day, tho' he had in our passage, I am certain, been twenty several times on board me, without making the least complaint of any manner of want; neither did he so mu [...] as open his Sally-port, which the French declared themselves, that if they had suspect­ed him to have been a Fire-ship, they durst not have attempted what they did. The Ship that Boarded us past by Capt. Perry without so much as firing on shot, great or small, at him, neither had he one man hurt in the Action: He knew I had not above eighty well men in the Ship, and might have reasonably concluded we must needs have some of them shot down in that time, the Ship of thirty six Guns having then engaged us near three quarters of an hour, within half Pistol shot, and the Phillipo which past him and boarded us, had forty Guns, and three hundred and odd men, they were plain enough to be seen by Capt. Perry, for they were mann'd half shrowds high, as thick as they could stand on the contrary side to him, ready to enter us as soon as they got on board. I am certain Capt. Perry cannot pretend they blinded him with the smoak of their Guns, as they past by him; for, as I said before, they did not fire one great Gun, or small one at him, but just as they boarded us, fetched a large sheer, and fired a whole broad-side in at our quarter. This was all the Service Capt. Perry did me in that unhappy days action, and I hope the Court-Mar­shal will take it into their consideration, and likewise please to consider how impossible it was for me to have the Ship better mann'd then we were, after serving four years in a Country so sickly, that two died out of three on board all the Ships that came into those parts, in that time. Besides what I have already laid to Capt. Perry's Charge, I can prove he had Sugar and Rum on board, to the value of three or four hundred pounds, which was no small temptation to him to preserve his Ship, for the sake of so considerable a Cargo.

Withdraw.

After an hours consideration, Capt. Wickham was called in.

Capt. Wickham, the Court-Marshal has befriended you, they have sentenced you ten years Imprisonment, and to pay a Thousand pounds to their Majesties.

Note that in the whole Court-Marshal there were thirty four Com­manders against, and fourteen for Capt. Wickhams suffering Death.

Capt. Perry sentenced the same with Capt. Wickham, notwithstanding there were twenty four of the Court-Marshal for his suffering Death, and but twenty five against it.

Extract of a Court-Marshal, held on Board their Majesties Ship the Brittania, at Spithead, the 30th. of Aprill, 1694.

Captain Henry Wickham, late Commander of their Majesties Ship The Diamond, was accused for the Loss of the said Ship, by surrendring her to the Enemy, she being taken by two French Privateers on the 20th. day of Sep­tember last, off Cape Clear on the Coast of Ireland, after a strict Enquiry into the aforesaid Charge, and the examination of many Witnesses upon Oath, it ap­pear'd to the Court, that Capt. Wickham did not use fit means to man his Ship out of the Merchants Ships, and also that he was wanting in his Conduct in the Defence of his Ship, and that he falls under the tenth Article, but in regard several Officers of the Army, who were on Board him did testifie that the Diamond was very thinly mann'd, and that they had also many Men kill'd and wounded, and that the men forsook their Quarters before she was surrendred; the Court does resolve that Capt. Henry Wickham shall be only fined One Thousand Pounds to the King, and that he be imprisoned for the Space of Ten Years.