come down?’ As far as witness could recollect, he did not salute him, but spoke in a sharp and demanding tone. Prisoner had absented himself from the ship without witness’s permission, his leave having been stopped. Was not aware of any disrespectful conduct on the part of the prisoner, save in the case he had alluded to, and putting his hands in his pockets when speaking to the commander or witness – upon which latter offence he had often reprimanded him.
“Mr. R. Hopkins, midshipman, did not consider the prisoner’s manner respectful, when he asked about his discharge.
“Lieutenant Miles, assistant-surveyor of the AEtna, was on deck when the prisoner addressed Commander Belcher about his discharge. He came up in an abrupt manner, and said, ‘Is my discharge come down. Sir?’ I think his manner was not respectful. In answer to another question, witness said, the prisoner was in one of the barges, and Commander Belcher reproved him for some neglect of duty; the prisoner at this time was sitting on the deck of the boat, and did not get up during the conversation, which witness thought disrespectful; he also sang very loud on another occasion, on quitting the commander’s cabin, as if he wished him to hear him, but witness did not think it was meant to insult him. The prisoner’s manner generally was abrupt, but not disrespectful. He observed the prisoner touch his hat to Commander Belcher, when he asked about his discharge. The prisoner dined with the prosecutor on the voyage home, and was treated with the same courtesy as the rest of the officers. Witness should have thought that when prisoner was asked to the commander’s table, all had been forgotten. Witness had seen officers on the quarter-deck without any shoes or stockings, and he believes in Commander Belcher’s presence, for it was not a remarkable occurrence.
“Lieut. Quin, late first of the AEtna, deposed, that Commander Belcher had suspended the prisoner from duty on the quarter-deck. Prosecutor gave him an order not to go below to mess with the midshipmen, because he considered his conduct to be mutinous. Witness told Commander Belcher he thought the prisoner in a deranged state of mind, which he considered the cause of such conduct. He also mentioned to Commander Belcher, that on the cutter being manned to take a young gentleman who had dined with the midshipmen on shore, that he found Mr. Backhouse stowed away in the fore part of the boat, and on his coming on deck he found him in an intoxicated state. He did not see the prisoner wear the hat produced more than once on deck. The effect of the remainder of witness’s evidence was in corroboration of what had fallen from those who had preceded him, with regard to prisoner’s conduct to the prosecutor.
“The Court was then cleared, to take into consideration whether Commander Belcher should be allowed to give evidence respecting the prisoner’s conduct, which was objected to by prisoner, who considered