'Quite, sir. Well, Weaver said that after the Jocasta sailed from Jamaica, and before the mutiny, she fell in with a British merchant ship and pressed five men. Among them was Weaver.'
Aitken paused as Gowers waved his quill frantically, warning him to speak slowly, and Ramage suddenly realized the point Weaver was trying to make. As far as the Admiralty was concerned, Weaver did not exist - at least, not as a Jocasta.
'Weaver claimed that because the mutineers destroyed the Jocasta's latest muster book, the Navy did not know that he was on board. The Navy only knew the men who were on board when the ship was in Jamaica, when the previous muster book was sent in.'
The five captains understood exactly what Weaver meant, but it had to be explained more fully for the minutes. 'Did Weaver know that muster books are sent to the Admiralty from time to time?' the president asked.
'Yes, sir. He told me that a new muster book had been started a week before the Jocasta sailed from Jamaica, so that the only record the Admiralty had of the men on board during the mutiny came from the previous muster book.'
'Did he know of any men who had left the ship after the new muster book was started but before the ship left Jamaica?'
That was a shrewd question, Ramage noted; Captain Edwards was as concerned with the truth of the whole mutiny as he was with trying these four men. His question could avoid a man being wrongly accused of being on board the ship.
'Yes, sir. He mentioned three men who had been discharged dead just before the mutiny.'
'He gave the names?'
'Yes, sir.'
'Were these dead men's names on the list of mutineers you had in your possession?'
'Yes, sir.'
'Very well. Now, Weaver, have you any more questions to ask this witness?'
'Yes, sir.' He turned towards Aitken. 'Did I say to you that I was giving myself up, sir?'
'You did.'
'And wasn't you taken aback, like, and didn't you go right through your list and ask me if the name 'George Weaver' was an alias?'
'I was puzzled at first, yes, and I did check the list again.'
'Why, sir?'
There was a sudden silence in the cabin: Gowers's pen stopped squeaking and every man's eye was on Aitken. Even the Marine sentries realized how much depended on the Scots officer's reply.
'Because you'd have been left in the American brig if you had kept silent. At least, unless one of the other prisoners gave you away.'
Captain Edwards held up his hand. 'Summers refused to denounce the other two. Do you think he would have denounced you?'
'Yes, sir, providing he was asked direct; we'd had a falling out, ' Weaver said simply, obviously realizing that the question and answer did much to destroy his defence. 'But, sir, I went up to this gentleman to give myself up the minute he boarded. I didn't know why he was coming on board. No one did. It just seemed routine. No one knew he was looking for Jocastas - why, all that happened two years ago. I didn't know he'd find Summers.'
Ramage leaned forward to catch the president's eye and Edwards nodded, giving permission for him to ask a question.
'Why did you sign on board the American brig?' Ramage asked.
'T'was the only way I could get away from the Main, sir.'
'Why did you want to get away from the Main?'
Weaver looked puzzled and went to scratch his head, but his hands were manacled. 'Well, sir, I was trying to get back to my own folk.'
That was what Ramage had expected, but Weaver was taking too much for granted; he was expecting the court to understand instinctively why he had done certain things. More questions were needed so that Weaver's answers filled in the story.
'But you were in an American ship, bound for an American port.'
'Aye, sir, I were; but the Jonathans are the only ones what come into ports on the Main. I was reckoning on getting to England from Charleston, or maybe back down to Jamaica.'
'Supposing you reached England or Jamaica - what did you Intend to do?'
'Do, sir? Why, report to the authorities - just like I did when this gentleman came on board the brig.'
'Why did you think the Lieutenant boarded the brig?'
'I dunno, sir. Mebbe to press some men, like when I was pressed into the Jocasta. But the minute I saw the Juno was a British ship I told my mate I was going to try to get on board.'
'Your mate?'
'The friend of mine I met in Barcelona: the one what got me signed on.'
'Was he an American or one of these prisoners?'
Weaver looked dumbfounded. 'An American, sir. Why, if these fellers -' he nodded towards the other three men '- if they'd known what I was going to do they'd 'ave done me in. Why, you saw that Summers tried to throttle me. Well, you didn't, sir, but the Lieutenant did.'
Edwards tapped the table lightly with his gavel.
'Are you prepared to give evidence against the other prisoners?' he demanded.
'Why, yes, sir, of course.'
'Clear the court, ' Edwards said briskly.
CHAPTER SIX
The four prisoners were marched out, the onlookers left the cabin and the provost marshal shut the door with a flourish as he ushered the last man out. Captain Edwards gave a sigh of relief. 'Well, we've got our witness! '
'What was all that business earlier on?' Marden asked. 'Those three lieutenants going out when you ordered all but the first witness to leave the court?'
Edwards grinned and confessed: 'That was in case none of the prisoners turned King's evidence. If they thought Aitken was the only witness against them, they'd know that if they kept their mouths shut they'd be safe. The fact that three officers left at that moment was a fortunate coincidence.'
'Indeed it was, ' Marden said. 'I'm glad they could take a hint! '
'Ah well, ' Edwards said, 'we now have to consider what to do next. Are we agreed that Weaver should be allowed to turn King's evidence?'
The four captains agreed, and Edwards asked Gowers: 'Are we following the correct procedure?'
'I think so, sir, ' the deputy judge advocate said. 'We haven't made him any promises.'
'Indeed not! ' Marden exclaimed. 'As far as he knows he'll be strung up from the foreyardarm as soon as he's told his story.'
Captain Teal coughed. 'His story might be quite detailed if he gives enough evidence to convict those men.'
Edwards shrugged his shoulders and, to Ramage's relief, said flatly: 'As president of this court I intend to give these men a fair trial. I'm not concerned with whitewashing anyone. Anyone at all, ' he added heavily, and the four captains knew that he included the unfortunate Wallis and his Commander-in-Chief, Vice Admiral Sir Hyde Parker. Did Admiral Davis and Edwards consider that Sir Hyde should have put a restraining hand on Wallis's shoulder? Ramage was not sure.
Edwards looked left and right at his fellow captains. 'Very well, since we're all agreed about this man Weaver, we'll call him as our next witness. Gowers, is one witness sufficient to convict on a capital charge?'
The purser opened a book in front of him, looked up the index and turned to a page. 'Ah, here we are, sir - 'As a prisoner ... by the rules of common law may be found guilty on the uncorroborated evidence of a single witness, so, if the court or jury believe the testimony of an accomplice - 'that word is in italic type, sir'- though such testimony stand totally uncorroborated, a prisoner may be found guilty of a capital crime.''
'That's clear enough, ' Edwards commented. 'Now, you remember that passage I marked about King's evidence: read it out to the court.'
Gowers turned back a page. 'It begins with a discussion of whether accomplices can be witnesses - they can, of course - and then says that if the court agrees to them being so admitted, it is 'upon an implied confidence which the judges of courts of law have usually countenanced and adopted; that, if such accomplice make a full and complete discovery of that, and of all other crimes or offences. . . and afterwards give his evidence without prevarication or fraud, he shall not be prosecuted for that . . . Were not this to be the case, the greatest offenders would frequently escape unpunished, from want of sufficient evidence.''
'Very sound, ' Marden commented.
'I agree, ' Ramage said cautiously, 'but in fact aren't we deciding before we hear any evidence that Weaver is guilty although we'll let him off if he turns King's evidence?'
'Hmm, that's a point, ' Edwards admitted.
'Excuse me, sir, ' Gowers said. 'If the evidence warrants it, I think the court would simply return a verdict of not guilty in his case.'
Marden nodded in agreement. 'There's no other way of clearing a man once he's charged. I can see what Ramage means, though: that even if Weaver was guilty of every one of the crimes, he'd be 'not guilty' because he's turned King's evidence, but the same applies if he is completely innocent and turns King's evidence.'
'But, sir, ' Gowers said patiently, 'the court can make that clear in its verdict. It can find a man guilty but 'because of mitigating circumstances' let him go free: that makes it clear he is being released in return for giving evidence. Or he can be found not guilty. That is - with respect, sir, ' he told the president, 'a very clear difference.'
'Of course, of course, ' Edwards said, 'but you were right to raise the point, Ramage. Very well, Gowers, let 'em in! '
The prisoners marched in, led by Summers, and as Ramage watched him he knew he would have to be careful to judge him only on the evidence. Nature had given Summers an appearance which could make honest men condemn him without a word being spoken.
