THE TRYAL OF Capt. Henry Wickham LATE COMMANDER OF Their MAJESTIES Ship THE DIAMOND LONDON Printed in the Year 1695. THE TRYAL OF Captain Henry Wickham c. Note That at London some days before the Tryal Capt. Henry Wickham desired a Copy of the Charge deposed against him that he might not be surprised but have his Proofs ready as there should be Occasion but Bathurst the Judge Advocate refused it Capt. Wickham being able to prove that his Lieut. Coleman had sold Nine of his Men at Barbadoes desired to know of the Judge Advocate the Method of bringing an Indictment against him and the rather for that he was informed that Coleman was now the Evidence against him but the Judge Advocate 's Answer was that there was no need of it for the Charge against Coleman would naturally arise in the Tryal because when Capt. Wickham should plead the Loss of his Ship was occasioned by the want of Men he would then have a fair Opportunity to accuse the said Coleman but notwithstanding this the Judge Advocate said at the Tryal that Coleman was now the King's Evidence and whatsoever the Captain had to say against him signified nothing it being not then a proper time to accuse an Evidence 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. Judge Advocate 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 Capt. VVickham 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 Mr. Russel Sir you had time enough to prepare your self for the Tryal Capt. VVickham 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 Judge Advocate He is the King's Evidence and his Deposition is good against you Capt. VVickham 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 Judge Advocate It signifies nothing he has sworn to the contrary what he has sworn is to be believed Mr. Russell It signifies nothing Capt. VVickham 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 Judge Advocate It will do you no good they are Evidence for the King and they have sworn to the contrary Mr. Russell No it will do you no good they have sworn to the contrary Capt. VVickham 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 Mr. Russel 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 Capt. VVickham I beg liberty of the Court to ask Lieut. Coleman a question Court Ay pray do Capt. VVickham Do not you own that you signed a Certificate at St. Maloes of the Action Lieut. Coleman Yes Capt. VVickham Was it not your Voluntary Act Lieut. Coleman I don't know but I might have been detained there if I had not signed it Capt. VVickham 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 Lieut. Coleman I never said such a Word Capt. Wickham 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 Judge Advocate 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 Mr. Russel What have you to say concerning your selling thirty or forty Men Capt. Wickham 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 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 Capt. Wickham 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
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 Court Capt. VVickham have you any thing more to say to this man Capt. VVickham 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 Court Read that Paper Clerk reads as follows We the Officers and Seamen belonging to their Majesties Ship The Diamond do testifie that on the 20th of September about 11 in the morning we engaged with two French Frigats one of forty Guns the other of thirty four that of thirty four engaged us first to the windward nigh an hour within half Musquet shot in which times she killed and wounded us several Men the other boarded us upon the Lee-quarter having on board him two hundred and eighty men they entred us in the Gun Room great Cabbin and Quarter-deck where we fought them above half an hour after they were entred and cut down our Colours having fifty of our best men killed and wounded and not above eighty men well on board when we began several being very weak with the flux our Company with boys not exceeding one hundred and forty we were so weak at last and their number so great that one after the other as they seized us took quarter being almost suffocated with their Stink-pots and Granado-shells which they hove in at the ports and holes they tore with their great Guns in our quarter VVe likewise declare that our Captain to the uttmost of his power did Encourage us and defend their Majesties Ship as long as it was possible with so weak anumber as remained to which we subscribe our hands the 27th of September 1693. Robert Colemam Lieut. John Shales Robert Hemmens Boatswain Thomas Ursgate Carpenter to the Number of Forty Nine When half the Paper was read Captain Wickham interrupted and said Capt. VVickham I hope Gentlemen you will allow the Kings Ship was 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 Mr. Russel 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 Court What have you to say against Captain Wickham Two or Three of the Ships-Company 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 Capt. Wickham 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 Court Call Coll. Holt. He appeareth Court What account can you give as to the Loss of The Diamond Coll. Holt. 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 Mr. Russel Coll. Holt is a Land-man and those that are the King's Evidence being Seamen are better Judges in such a Case Court Withdraw Court Call Capt. Hutchinson He appears Court What can you say as to the Loss of The Diamond Capt. Hutchinson 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 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 Capt. Hutchinson Sir I had Eyes and could see who fought and who did not Court Withdraw Court Call Major Garth Maj. Garth I desire to be Sworn Judge Advocate Sir you are to declare what you know without being sworn since you are not an Evidence for the King Maj. Garth 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 as long as any body stood by him wrongs him to the greatest degree in the World Court Captain Wickham have you any more Evidence Capt. Wickham 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 Judge Advocate Captain Wickham your Witnesses as to this matter signifie nothing the Kings Evidence have sworn the contrary Capt. Wickham 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 Mr. Russel They are the Kings Evidence and need no Mans Certificate Court Captain Wickham have you any more to say Capt. Wickham 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 Mr. Russel What have you to charge Capt. Perry with Capt. Wickham 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 Capt. Perry I was in the station you ordered me to lye in Capt. Wickham 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 Capt. Perry You were to have made me a Sign with your Sprit-sail Top sail which I have to show under your hand Capt. Wickham 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 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 muâ—â— 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 Court Withdraw After an hours consideration Capt. Wickham was called in Mr. Russel 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 30 th 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 This is a True Copy of the Original Paper remaining in the Admiralty-Office T. PARMITER FINIS