by Nordhoff
Fryer: I cannot recollect that I overheard any of the conversation.
Myself: Had you any reason to believe that I was a member of Mr. Christian's party?
Fryer: None whatever.
Myself: If you had been permitted to remain in the ship, and had you endeavoured to form a party to retake the vessel, would I have been among those to whom you would have opened your mind?
Fryer: He would have been among the very first to whom I would have spoken of the matter.
The Court: You say that you had no reason to believe Mr. Byam member of Christian's party. Did you not consider the fact that when you came upon deck he was in conversation with Mr. Christian a suspicious circumstance?
Fryer: I did not; for Mr. Christian spoke to many of those, during the mutiny, who were not members of his party.
The Court: During your watch, on the night before the mutiny, did you observe Mr. Christian and the prisoner, Byam, together on deck?
Fryer: No. To the best of my recollection, Mr. Byam was on deck during the whole of my watch, and Mr. Christian did not appear at all.
The Court: Did you speak to Mr. Byam at this time?
Fryer: Yes, upon several occasions.
The Court: Did he appear to be disturbed, or nervous, or anxious in mind?
Fryer: Not in the least.
I felt deeply grateful to Fryer, not only for the matter of his testimony concerning myself, but even more for the manner of it. It must have been plain to all the Court that he considered me innocent.
Morrison asked: "Did you observe any part of my conduct, particularly on that day, which would lead you to believe that I was one of the mutineers?"
Fryer: I did not.
The other prisoners questioned him in turn, and poor Burkitt only made his case appear even worse than it had before, for Fryer was obliged to repeat and enlarge upon the details of Burkitt's activity as one of the mutineers.
The master then withdrew and Mr. Cole, the boatswain, was called to the stand. His testimony necessarily covered much the same ground; but while this was true in the case of each of the witnesses, there were important points of difference in their evidence. Each man had witnessed events from different parts of the ship, and their interpretation of what they saw, as well as their recollection of it after so long an interval of time, varied considerably.
I learned from Cole's evidence that he had seen Stewart and me dressing in the berth on the early morning of the mutiny, with Churchill standing guard over us. His testimony was of melancholy importance to Ellison, and the more damaging because of the evident reluctance with which he gave it. Cole had a great liking for Ellison, as had most of the ship's company. Nevertheless, being a man of strict honesty and a high sense of duty, he was obliged to say that he had seen Ellison acting as one of the guards over Bligh. He passed lightly and quickly over the mention of his name, hoping that the Court might not notice it. His evident struggle between the desire to spare all of the prisoners as much as possible, and the necessity for telling the truth, was apparent to all, and won him the sympathy of the Court but no mercy. When he had finished he was at once probed for further information concerning Ellison.
The Court: You say that when you were allowed upon deck, you saw the prisoner, Ellison, among the other armed men. How was he armed?
Cole: With a bayonet.
The Court: Was he one of the guards over Captain Bligh?
Cole: Yes.
The Court: Did you hear the prisoner, Ellison, make any remarks?
Cole: Yes.
The Court: What were they?
Cole: I heard him call Captain Bligh an old villain.
I then asked: "When you saw Stewart and me dressing in the berth, with Churchill standing over us with a pistol, did you hear any of the conversation that passed between us and Churchill and Thompson?"
Cole: No, I heard nothing of the conversation. There was too much noise and confusion.
Ellison: You say that I was armed with a bayonet, Mr. Cole. Did you see me use it in any way?
Cole: By no means, lad. You...
"Address your replies to the Court."
Cole: He never once offered to use his bayonet. He merely flourished it in Captain Bligh's face.
At this reply I saw the hint of a grim smile on the faces of some of the members of the Court. Cole added, earnestly: "There was no, real harm in this lad. He was only a boy at that time, and full of mischief and high spirits."
The Court: Do you think this in any way excuses him for taking part in a mutiny?
Cole: No, sir, but...
"That will do, Boatswain," Lord Hood interrupted. "Are there any further questions from the prisoners?"
Morrison: Do you recollect, when I came on deck after you had called me out of my hammock, that I came to you abaft the windlass and said, 'Mr. Cole, what is to be done?' and that your answer was, 'By God, James, I do not know, but go and help them with the cutter'?
Cole: Yes, I do remember it.
Morrison: Do you remember that, in consequence of your order, I went about clearing the cutter? And afterward the launch, when Mr. Christian ordered that boat to be hoisted out instead of the cutter?
Cole: Yes.
Morrison: Do you remember that I brought a towline and grapnel out of the main hold and put them into the launch? And do you remember calling me to assist you to hoist a cask of water out of the hold, and at the same time threatening John Norton, the quartermaster, that he should not go in the boat if he was not more attentive in getting things into her?
Cole: I have every reason to believe that he was employed in this business under my direction. I remember telling Norton that, for he was frightened out of his wits.
Morrison: Do you recollect that I assisted you when you were getting your own things, which were tied up in part of your bedding, into the boat?
Cole: I had forgotten this, but it is strictly true. I had no reason at any time to suppose that he was concerned in the mutiny.
Morrison: After I had helped you put your things into the boat, did I not then run below to get my own, hoping to be allowed to go with Captain Bligh?
Cole: I know that he went below, and I make no doubt that it was for the purpose of getting his clothes to come with us.
The Court: Did the prisoner, Morrison, seem eager to go into the boat?
Cole: None of us was eager, for we never expected to see England again. But he was willing to go, and I make no doubt he would have gone had there been room.
Burkitt then asked: "When you came aft to get the compass out of the binnacle, did not Matthew Quintal come and say he would be damned if you should have it? And you then said, 'Quintal, it is very hard you'll not let us have a compass when there's plenty more in the storeroom'? Then did you not look hard at me, and did I not say, 'Quintal, let Mr. Cole have it, and anything else that will be of service to him'?"
Cole: I know that Quintal objected to letting the compass go, though I do not remember that Burkitt said anything, but he was standing near by. The confusion was so great that it was impossible I could take notice of everything particularly.
Burkitt: During the time that you say I was under arms, do you recollect hearing me give any orders, or making use of bad language?
Cole: I only observed that he was under arms.
Millward: Can you say whether I took a musket willingly, or only because of Churchill's orders?
Cole: I do not know whether it was by Churchill's order or not. He took the musket.
The Court: Were all the people who were put into the boat bound, or were they at liberty in going into her?
Cole: They were not bound, but they marched them who were below on deck with sentinels at different times.
The Court: Were there no other arms in the ship but those in the arms chest in the main hatchway?
Cole: Not to my knowledge.
The Court: At what time did day break on that morning?
Cole: I suppose about a quarter before five, or ha
lf-past four.
The Court put many other questions to the boatswain beside those given here. He was examined closely, as Fryer had been, concerning the men in Christian's watch, those he saw under arms, my own relationship with Christian, and the like. His evidence made it plain that, although Morrison, Coleman, Norman, McIntosh, and myself all assisted in hoisting out the launch, this was done at the boatswain's orders, and could not be construed as evidence that we were of the mutineers' party.
At the conclusion of Cole's testimony, the Court adjourned for the day, and we were again conveyed to the gun room of the Hector . Mr. Graham came, bringing a brief note from Sir Joseph, which read: "Now you know the worst, Byam. Keep up a good heart. Both Fryer and Cole have struck excellent blows for you to-day. It is evident that their opinion of your character made an impression upon the Court."
Mr. Graham talked with me for half an hour, going over the evidence in detail, instructing me further as to the questions I should ask of the witnesses yet to be heard. He refused to give an opinion as to what he thought of my chances. "If you can, keep your mind from dwelling upon the outcome," he said. "It is not my part either to hearten or discourage you unduly, but I think it well that you have no illusions about your situation. It is grave but not hopeless. Meanwhile, be assured that I shall do everything in my power to help you."
"May I ask one more question, Mr. Graham?" I said.
"Certainly. As many as you like."
"In your heart, do you believe me innocent or guilty?"
"I can answer that without a moment's hesitation. I believe you innocent."
This heartened me greatly, and gave me reason to hope that some, at least, of the members of the Court might feel as he did.
There was little conversation in the gun room that evening. As long as daylight served, Morrison sat by a port, with his Bible on his knee, reading aloud to Muspratt, who had requested this. Ellison turned into his hammock early and was asleep within five minutes. Four men among us had little to fear. The events of the first day's hearing made it increasingly plain that Coleman, Norman, McIntosh, and Byrne were all but certain of acquittal. Burkitt and Millward paced up and down the room in their bare feet. The soft padding of Burkitt's feet was the last sound I heard before I went to sleep.
CHAPTER XXII.—THE CASE FOR THE CROWN
At nine o'clock the following morning the hearing was resumed. As we were marched into the great cabin I noticed that it was even more closely packed with spectators than it had been the previous day. The same solemnity marked the proceedings, and Court and spectators alike attended the examination of the witnesses with the same air of absorbed interest.
William Peckover, gunner of the Bounty , was called in and sworn. The remarkable thing about his testimony was that he claimed to have seen but four men under arms during the whole of the mutiny—Christian, Burkitt, Sumner, and Quintal. I do not believe that he deliberately falsified his testimony. I think he must have reasoned in this way: "The mutiny took place so long ago, how can I be certain as to whom I saw under arms? I have a clear recollection of only four. The other lads shall have the benefit of the doubt. God knows they need it!" Immediately he had finished, he was questioned on this point.
The Court: How many people did the Bounty's company consist of?
Peckover: Forty-three, I believe, at this time.
The Court: State again how many of those you saw under arms.
Peckover: Four.
The Court: Was it your opinion that four people took the ship irom nine and thirty?
Peckover: Not by any means.
The Court: Give your reasons for thinking so.
Peckover: There certainly must have been more concerned or they would not have taken the ship from us. But these are all I can say, positively, that I saw under arms.
The Court: What were your particular reasons for submitting when you saw but four men under arms?
Peckover: I came naked upon the deck, with only my trousers on, and there I saw Burkitt with a musket and a bayonet, and Mr. Christian alongside of Captain Bligh, and a sentry at the gangway, but who he was I do not remember.
The Court: Did you expostulate with Mr. Christian on his conduct?
Peckover: I did not.
The Court: Did you see Mr. Byam that morning?
Peckover: Yes. I saw him standing by the booms talking with Mr. Nelson, the botanist. Then he went below, and I did not again see him until the launch had been ordered astern.
The Court: Where was he then?
Peckover: I saw him for a moment at the taffrail.
The Court: What are your reasons for believing that Coleman, Norman, McIntosh, and Byrne were averse to the mutiny?
Peckover: When they were looking down upon us from the stern they appeared to wish to come into the boat, what slight view I had of them. I was busy stowing things in the boat, so that I remember only Coleman calling to me.
The Court: You have said that, in talking with Mr. Purcell, he said to you that he knew whose fault the business was, or words to that effect. Do you apprehend that Mr. Purcell alluded to any of the prisoners?
Peckover: No. I think he alluded to Captain Bligh, owing to the abuse so many of the ship's company had received from him. The Court: What was the nature of this abuse?
Peckover: Many severe punishments for slight offenses, and foul and abusive language to all hands. Try as they would, neither officers nor men could ever do anything to please him.
Morrison then questioned the gunner, and brought out even more clearly, not only that he had never been under arms, but also that he had done everything in his power to supply the launch with provision and much-needed articles so that the men in her might have a better chance for their lives. Morrison conducted his case remarkably well. Unfortunately, the questions I put were to little purpose. Peckover had been officer of the middle watch on the night before the mutiny. He had seen Christian and me upon deck at that time, but had heard nothing of our conversation; nor had he heard any of the conversation that passed between Nelson and me the following morning.
Purcell, the carpenter, next took the stand. He was the same burly, heavy-jowled man whom I had heard say to Nelson on the morning of the mutiny: "Stop aboard? With rogues and pirates? Never, sir! I shall follow my commander." I had great respect for the old fellow. No one could have hated Bligh more, but there was never any hesitation in Purcell's decisions when it came to a matter of duty. His evidence was of great importance to me, but whether it helped or prejudiced my case it was difficult to say. Purcell gave the names of seventeen men whom, he stated with conviction, he had seen armed; among them, Ellison, Burkitt, and Millward. Muspratt he omitted to name.
The Court asked: "In the former part of your evidence you say that you asked Mr. Byam to intercede with Christian for the launch instead of the cutter. Why did you speak of this matter to Byam? Did you consider him one of the mutineers?"
Purcell: By no means. But I knew him to be a friend of Mr. Christian. I also knew that Christian had no liking for me and would have listened to no request I might have made.
The Court: Do you believe that it was owing to the prisoner Byam's intercession that Christian permitted the launch to be hoisted out instead of the cutter?
Purcell: Yes; and had we not been given the launch none of us would ever have seen England again.
The Court: What had been the relations between Christian and Byam throughout the voyage of the Bounty to Tahiti and during the sojourn there?
Purcell: Most friendly.
The Court: Name any others whom you believe to have been particularly friendly with Mr. Christian.
Purcell: Mr. Stewart was one. I can think of no others that I could say were intimate with him. Mr. Christian was not an easy man to know.
The Court: Do you think it likely that Mr. Christian would not have divulged his plans for the mutiny to Mr. Byam, his most intimate friend?
Purcell was taken aback by this question, put to him by Captain Hammon
d, who sat on Lord Hood's right. He lowered his head like an old bull at bay.
Purcell: Yes, I do think it likely. Mr. Christian was not a man to involve his friends in trouble, and he must have known that Mr. Byam would remain loyal to his commander.
The Court: Where was Byam just before the launch was veered astern?
Purcell: I do not know. I had seen him upon deck a few moments before, and he had told me of his intention to go with Captain Bligh. I think he must have gone to the midshipmen's berth for his clothes.
The Court: Did you see Morrison at this time?
Purcell: No.
The Court: Do you think it possible that the prisoners, Byam and Morrison, may have feared to go into the boat and that they went below to avoid the necessity of leaving the ship?
Purcell: No, I do not. They must have been prevented from coming. They were not cowards as both Mr. Hayward and Mr. Hallet were...
Lord Hood interrupted, sternly admonishing the carpenter to reply only to the questions asked of him.
The Court: Putting every circumstance together, declare to this Court, upon the oath you have taken, how you considered Mr. Byam's behaviour, whether as a person joined in the mutiny or as a person wishing well to Captain Bligh.
Purcell: I by no means considered him as a person concerned in the mutiny.
The Court: Did you consider Morrison as a mutineer?
Purcell: I did not.
A pause followed. Lord Hood said: "The prisoners may now question the witness."
Myself: How deep in the water was the launch when the last of the people went into her?
Purcell: We had seven and one-half inches of freeboard, amidships.
Myself: Do you think others might have come into her without endangering the safety of all?
Purcell: Not one more could have entered her. Captain Bligh himself begged that no more should be sent off. When we lost Norton, the quartermaster, who was killed by the savages at Tofoa, for all our regret at the poor fellow's death we were glad to have the boat lightened of his weight. It gave the rest of us so much more chance of life.
