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and, from what he knew of the Members of that Court, he thought he could speak for them also. After a few more observations from the President, Sir Home Popham's question was waved. A

Q. Was Admiral Stirling directed to evacuate the River de la Plata?

Mr. JERVIS présented a paper to witness.

A. I am asked whether the orders issued by me to Admiral Stirling were to that purpose. Having no notice of any questions to be asked before I left town, I cannot answer from recollection: I suppose I am not allowed to answer from the paper in my hand; 1 cannot conscientiously swear to the identity of this paper; but my answer is, I do not recollect.

Q. Do you recollect that any force, as a stationary force for the Cape, was sent there after the receipt of my letter of the 9th of April, 1806, stating the arrangement I had made for going on the east coast of South America, with the squadron under my command?

A. The Sampson, I think, was sent as a ship intended for the Cape of Good Hope station; and I believe that shortly after Sir Thomas Trowbridge was ordered thither from the East Indies.

Q. When did the Sampson leave England?

SA. I do not recollect the precise date.

Q. Was the Sampson ordered to call at Rio de la Plata?

t

A. I think she was.

Q. Could you then consider her as a ship ordered directly to the Cape of Good Hope, for the immediate protection of it?

A. Not directly.

Q. Do you recollect when I was employed in Rustsia, that Fbad several commands in the navy put unnder my orders?

A. I do not recollect the fact, though I have no reason to doubt it.

Q. Have you brought down the sentence of the court-martial upon the trial of Captain Thompson?

Judge ADVOCATE-" The judgment of this Court cannot be bound by the precedents of any former Court."

Sir HOME POPHAM" I apprehend with great deference, that nothing is more usual in all Courts than to refer to a former decision upon an analogous case; not in order absolutely to adopt that decision, but to derive any information from it, it may be capable of affording. I do not of course mean to refer to the case of Captain Thompson with any view to an opinion that this Court is to be governed by any former precedent, but merely from the consideration I have already expressed, or at least, to shew that I have not acted without precedent.

Admirals COFFIN and ROWLEY concurred with the Judge Advocate, and were adverse to the idea of submitting the judgment of the Court to such rules.

Sir HOME POPHAM-" I do not presume to offer precedent as a rule to determine the opinion of this honourable Court, but merely to shew that I have been guided by precedent, which I hope is justifiable in an officer,-which I know is a habit in the service, and that my conduct has not been of the singular character ascribed to it elsewhere."

The question was not pressed.

Sir ISAAC COFFIN-Q. Do you know the nature of the service on which Sir Home Popham was then employed? was it of a military nature, and subject to military discipline?

A. My recollection is so faint, that I cannot speak with certainty.

Sir HOME POPHAM-Q. Do you know whether the Sampson was coming home with a convoy?

A. I do not.

THOMAS WILSON, Esq. called in, and sworn.

Sir H. POPHAM-Q. I believe, Sir, you are a merchant of London, and have had considerable intercourse with the Rio de la Plata?

A. Yes, I have.

Q. Do you recollect my having had several conversations with you on that subject, in the summer of

1805?

A. Yes, I do. I think about the month of June, it was respecting the produce of the country, and the strength of the country, from what I could collect through persons I had employed there. The result was, that all the information I got from Captain Collins, Mr. Harding, and another, I made an appointment with one of them to go up to Mr. Pitt with Sir Home Popham, on his return from Portsmouth.

Q. Did you endeavour to persuade me to impress upon Mr. Pitt's mind the necessity of having a footing in South America?

A. Yes, I did myself endeavour to impress it upon the mind of Mr. Pitt, and upon that of certain members of the Board of Privy Council, the Duke of Montrose, and others. Mr. Pitt I never saw personally on the subject, as the appointment did not take place in consequence of an intimation from Sir Home Popham, that the object was waved for the present, and that I should hear from Mr. Pitt. Since the year 1798, I have been in the habit of trading to that country by licence, in neutral vessels; and at times, to Mr. Fawkener, and to Sir Stephen Cottrell, I have suggested the great consequence the trade of that country would be to this country, and how easily it might be effected in British vessels, the place being so weak.

Q. Did you ever mention this to the Board of Trade?

A. Yes, I did several times.

Mr. THOMAS BROWNE called in, and sworn.

"Sir H. POPHAM-Q. Were you master-attendant of the Cape, after its capture in January, 1806?

A. I was.

Q. Did you consider the Cape in a perfect state of security after I sailed from it with my squadron for the Rio de la Plata ?

A. I did.

Q. Do you think Sir David Baird so considered it, from any conversations you had with him on the subject?

A. I do.

Q. Relate to the Court as shortly as possible, the substance of these conversations on the state of defence in which the Cape was.

JUDGE ADVOCATE " I doubt that this is evidence, and I feel myself bound in my official situation to state my opinion."

Sir HOME POPHAM" Surely I shall not be precluded from entering into evidence obviously necessary to rebut the charge against me."

Admiral STANHOPE" Sir Home Popham has unquestionably a right to put this question, as it is a part of the charge against him, that the Cape became defenceless in consequence of his leaving it."

The Court decided, that Sir Home was entitled to follow up this question.

Q. Did Sir David Baird ever consult you about placing any batteries and what did he say to you on the subject of the defence of the Cape?

A. Sir David Baird never consulted me about placing batteries, but he told me that he had erected additional batteries for the protection both of Table Bay and Simon's Bay. I have gone to the batteries a dozen times, and have seen the different batteries. I have heard Sir David Baird repeat, more than once or twice, he wished Bonaparte, with 10 or 12,000 of the flower of his army, would come to attack the Cape, and he would give him such a drubbing that he would wish himself back in his own country again. I have heard Sir David Baird say that all the round

5

towers, and different batteries, were in complete and good repair; and it was impossible to make the Cape very little stronger than what it really was.

Q. Were you at the Cape when the Cannoniere French frigate anchored there?

A. Yes.

Q. Where did she anchor?

A. She anchored in False Bay, nearly as I have marked in the chart delivered to the, Court, outside both Noah's Ark and the Roman Rock. She never came into Simon's Bay. (Produces the chart, and points out the spot.)

Q. If I had been lying in Table Bay with the whole of my squadron, do you think I should have been able to have taken that frigate?

A. I do not,

Q. If I had been lying in Simon's Bay, under the circumstances of wind and weather when she came in from the eastward, or under the general circumstances of wind and weather at that time of the year (May, I belive), and with the most common look-out on the part of the enemy, do you think it possible that 1 could have taken her?

A. I do not.

Q. State to the Court your reasons.

A. When the commodore was lying at anchor in Table Bay with the most part of his squadron, there was a signal made from the tower on the Lion's Rump, that there was an enemy's cruiser bringing to a ship in the offing, and a signal was made for the Leda and Narcissus to prepare to slip and chase the said ship, but it continued calm all that night and all the next day in Table Bay, and the enemy had a breeze in the offing. I think it was about six o'clock the next evening when the Narcissus went to sea; and the vessel that she had boarded, I went on board when she came in, and found that the enemy's cruiser had fired a shot right through her main-mast, and rendered it useless. She had told the officer who had boarded her from the French cruiser (who said it was the Piedmontaise), that the Cape was in the possession of the English, which prevented her coming in, and our capturing her; for if she had come in, she would have been be