the day after clare's arrest the stinger was hauled out of dock, and towed down to greenhythe, in order to hoist in her powder and heavy stores. after a few days' delay she proceeded to the german ocean, where she cruised about, while her commander endeavoured to work the ship's company into something like man-of-war shape.

tom was all this time kept a close prisoner below, as he would have to be tried by court-martial. the ship being on the home station, and immediately under the admiralty, it would hardly do to decide his case in the usual style afloat, viz. by a court, the judge and jury of which are one person, the captain of the ship. commander puffeigh was annoyed at the trouble and delay that must ensue before clare could be punished, and observed to crushe, "what a pity it is we have not been sent off to a foreign station at once; we could then have settled that scoundrel's business in ten minutes, without the fuss and worry of a court-martial."

one morning, when the crew were at breakfast, clare was paraded on the quarter-deck, and captain puffeigh heard the preliminary evidence against him, which was duly taken down by the ship's clerk, and on that statement a court-martial was applied for, and granted on the ship's return to england. when tom came on deck he looked careworn and pale; but seeing mr. cravan, his face flushed. this was noticed by the captain, who observed to the first lieutenant that "the fellow was case-hardened," an opinion which crushe at once confirmed.

mr. cravan gave his evidence, which was duly recorded by the clerk, and then crushe charged clare with having used mutinous language to him before his arrest. everything that could be brought against the man was stated in the report, which, on being completed, was read over to the prisoner, who was then asked if he had anything to say.

tom looked at the commander with astonishment, and replied.

"captain, one half of that 'ere writing aint true, and the other is exaggerated out of all shape."

upon hearing this bold statement, the gallant puffeigh at once cried, "silence! you mutinous fellow; that's enough. i hope you will get your deserts on our return to england. if i had my will, i'd hang all such as you!"

clare was then taken below again, and put in irons.

the stinger continued her cruise, until her commander had what he termed "toned his crew down." in this artistic occupation he found a valuable ally in crushe, who gave full vent to his cowardly nature, and proved himself a bully of the first water. suffice it to say, by the time the ship reached portsmouth the first lieutenant was detested by nearly all the officers, and thoroughly feared and hated by the whole of the crew.

on her arrival in port, the ship was at once docked, and clare sent on board the flag-ship victory, where he was very fairly treated, as her commander did not understand that the man should be considered a felon until he was tried and convicted.

polly came off to the ship, and was allowed to spend a few moments with him, in the presence of the master-at-arms. tom saw, with sorrow, that his situation and[pg 17] their separation were telling fearfully on his wife's health; he tried to cheer her up, and even joked about his prospects, but without avail, and it was with difficulty she could repress her feelings.

his wife used every argument she could think of to induce him to accept a lawyer's services for his defence, but he would not consent to it, saying, "i'll stand up and tell 'em what i did, and own what was wrong. if so be they turn agin my true defence, they wont believe the lies of a long-shore lawyer."

like many other sailors, the unfortunate fellow had a dread of the legal profession; and trusting to the mercy of the court, and the facts of the case coming out on his trial, determined to defend himself.

clare's friends also urged him to alter his determination, but in vain; and with great reluctance they gave up their pleading, and were compelled to abandon him to his own resources.

there was great excitement on the common hard at portsmouth, on the morning when the signal gun from the victory announced the holding of a court-martial on clare's case. crowds of what are termed "the lower orders" were assembled all along the portion of the hard off which the flag-ship was moored, their object being to witness the embarkation of the officers of the court, who were to be conveyed on board in boats specially detailed for the duty. every one was in full dress, and the handsome blue and gold uniforms of the officers contrasted strongly with the squalid appearance of the crowd who swarmed around them.

as each member of the court left his carriage at the end of the wharf, he found, to his disgust, that he had to walk between a line of these "lower orders," who, unabashed by his grand air and dazzling uniform, passed remarks upon any one who happened to be unpopular, in a manner more free than pleasant. not having any fear of the lash, they gave their thoughts free vent.

"there goes lanky jack, who flogged a boat's crew because his wife ran away with a sojer officer," screamed a woman in the crowd, as captain curt, a well-known advocate for the lash, walked down and entered the boat.

"lord help tom clare if there's many more like him in the court," said another lady.

some commanders were more popular, particularly with the irish women, who formed no small part of the crowd; and gratuitous advice, such as, "be aisy wid the poor boy, captain, aroon," or, "say a good word for poor tom, for the love of the mother of yez," were freely offered on all sides.

the spectators up to this time were, excepting in their observations, tolerably quiet. but when commander puffeigh, lieutenant crushe, mr. cravan, mr. shever, and the other witnesses, came down to the wharf, a loud yell of hatred broke from the people, and several stones were thrown at the officers. unfortunately on their arrival at the end of the pier, they found no boat to receive them, and for ten minutes had to bear the insults of the mob.

puffeigh was resplendent in a brand new uniform, which fitted him like a tight pair of boots; in fact, he was so well tailored, that he could scarcely breathe.

"isn't that a picture for a tax-payer?" cried a voice.

"i say, don't puffeigh look like old stiff the beadle this morning?"

"that long beast of a lieutenant is the cove wot drove tom to desert," roared a costermonger. upon which a policeman who was near tried to arrest him, but he was hustled away from his grasp, and the man escaped.

at this moment a stone, thrown by some one at the back of the crowd, struck crushe on the cheek. turning round, his face livid with rage, he found himself confronted[pg 18] by an amazon, who coolly putting her arms akimbo, sneeringly asked him "if he would like to strike a woman?"

shever, who knew the lady, thinking to curry favour, turned to her and said sharply, "i'm surprised at you, mrs. holloway."

"keep your breath for lying at the court-martial, and dry up, or i'll serve you as your wife does," retorted the dame.

mr. shever looked at her fiercely for a moment; then, probably thinking she might slap his face if he gazed too intently on her, turned away, and embarked with the officers in a boat, which had at that moment opportunely arrived from the victory.

the mob yelled and screamed like demons, and several stray stones and oyster-shells went flying after the boat. the captain, imagining these favours were from clare's friends, expressed his opinion that "he trusted all present would endeavour to get tom what he deserved;" a gentle hint, which was not lost upon shever and the sailors who were going on board as witnesses. on arrival alongside the flag-ship, captain puffeigh was received with naval honours, ending with a doleful wail on the boatswain's pipe. fortified by this, and feeling once more safe, he reported himself to the officer of the court. the proceedings immediately commenced, puffeigh's clerk first identifying clare as belonging to the stinger, his name being upon the ship's books. it was noticed by the spectators that the prisoner wore two war medals, and the royal humane society's medal.

then followed the examination of the witnesses for the prosecution, all of whom had been already primed as to their evidence by captain puffeigh, who as is usual, acted the part of prosecutor.

the court was composed of naval officers of rank, and undoubtedly was a fair tribunal, if we could shut our eyes to the fact that many of them had been brought up in a school which denied a blue jacket the common rights possessed by the most wretched outcast on shore. the president was an old and feeble officer, who thought the whole affair a bore, and he remarked to another veteran,

"ah! formerly every commander tried his own men, unless in very extraordinary cases, and we got on well enough. now every fellow who requires the lash must be tried by a court-martial if the ship is in a port or near a flag-ship. the service is going to the deuce."

lieutenant crushe was the first witness called; and his deposition which was taken down in writing by the judge advocate, was in substance as follows, captain puffeigh being allowed to put a most unwarrantable amount of leading questions.

having deposed that he was first lieutenant of the stinger, and identified the prisoner as an able seaman, belonging to her, the following questions were asked by the prosecutor:

"you know the prisoner?"

"yes."

"about what length of time?"

"about four years. he served with me in my last ship."

"has his character been good, or bad?"

"unquestionably bad. but he is a good seaman, and knows his duty."

"you had to find fault with him soon after he was drafted to the ship? state to the court what then occurred."

"i was obliged to stop his leave for insolence, the very day he joined the stinger; and though i spoke kindly to him, he continued this line of conduct, barely doing the work he was appointed to, and that in a sullen, disrespectful manner."

"he deserted from the stinger, did he not?"

"he did."

[pg 19]

"knowing his character, you were obliged to send a strong force to bring him on board, were you not?"

"yes. i sent an armed party of marines, as i was aware that, being a desperate man, he would offer resistance."

"where was he found secreted by the non-commissioned officer?"

here the president assumed a grave air and informed puffeigh that he could not put the last question, as lieutenant crushe could not testify to hearsay. the examination then proceeded.

"you had other reasons for sending an armed party to secure the prisoner? please state them."

"yes. i was aware that he consorted with people of the worst character."

"some of them had visited him on board the stinger, i believe. state if that be so."

"yes, a young woman, whose conduct while on board led me to suppose that she had come for no good. she came down with some of the worst characters in woolwich. he was afterwards arrested in her company."

when crushe stated that the man was arrested in the company of bad people, clare bit his lips, and tried to address the court, when he was informed that "he would have an opportunity of asking questions at a later period, but at present he must remain silent."

upon receiving this rebuke his face flushed with shame, seeing which, the members of the court, who took it for a sign of passion and rebellion, looked at each other, as much as to say, "see what a ruffian the prisoner is."

the corporal was the next witness. with a military salute that concise individual stated his name and rank, and was thus examined by puffeigh.

"you received orders to arrest the prisoner, and take a strongly-armed party with you?"

"i did" (with a salute).

"state to the court what occurred on that occasion."

(saluting) "well, sir, you see, being a corporal of the rile marine division at woolwich, i knowed that where the prisoner wor a hiding wor a werry bad place, so i went prepared."

"the prisoner showed a determined resistance, i understand? in fact nearly killed you."

(saluting) "that he did, sir, and the other willings with him."

"there were women in the house?"

(saluting) "yes, sir, a regler bad lot—speshilly one on them—his gal, who used awful langevage. i were expostulatin' with her about it in a werry perlite manner, ven the prisoner sudden seized me by the stock, my back being turned to him, and would have killed me but for my men."

(president) "how many men had you?"

(saluting) "twenty."

"all armed?"

(saluting) "yes, sir."

(puffeigh) "do you know any reason for the prisoner's attack upon you?"

"none in the verld, sir."

here tom clare's face flushed again, but remembering the hint he had shortly before received, he held his peace.

the next witness called was cravan, who, after the usual preliminary question, thus testified—

[pg 20]

"you were the officer of the watch when the prisoner was brought on board as a deserter?"

"yes, and being kindly disposed towards the man, i expressed my regret at seeing him in such a position."

"what then occurred?"

"he struck me a violent blow with his clenched hands, injuring me severely."

(president) "and this without any provocation on your part?"

"yes. i had spoken to him in the mildest manner."

"can you in any way account for this conduct; was the man drunk?"

"no, sir; i believe it was premeditated."

here tom could restrain his feelings no longer, but exclaimed,

"it ain't true, gentlemen; he's swearing away my life."

having been with difficulty quieted, he was asked if he had any questions to put, but clare declined to cross-examine witnesses, whom he had heard boldly perjuring themselves, and who were encouraged, and evidently instructed what to say, by captain puffeigh.

price and gummings were next called, their testimony going to show that clare had told them "he'd run away as soon as he could get a chance;" that his language was mutinous; and that he had declared his intention "of dropping a marlin spike on lieutenant crushe's head when he got a chance." price swearing he had said that "it would be a first rate end for the brute," meaning the first lieutenant. "he said it would be considered justifiable homicide, or words to that effect;" and that when the witness asked him "if he wished to be hanged," the prisoner had laughed and said, "he would be let off." both witnesses hypocritically tried to put in some words of condolence for their "unfortinit shipmate," but were silenced by the court.

mr. shever, the boatswain, was then examined by captain puffeigh. after the warrant-officer had corroborated the other evidence, the examination proceeded as follows:

"have you any idea what led the prisoner to desert?"

"no, sir; but i thought, from the first day he jined the stinger, that he would desert whenever he got the chance."

"what led you to suppose so?"

"well, sir, you see he belongs to a low lot, and wor always that mutinous and discontented. he is one of them as is always speakin' about rights. i could make no good on him, although he's a fust-rate sailor."

"the prisoner gave you a great deal of trouble, did he not, mr. shever?"

"yes, sir; and when he left i missed a palm and needle, which some woman has since brought aboard, and left in my cabin."

the president here again interfered, as the examination had been allowed to stray from the charges upon which clare was being tried.

puffeigh then said there were some questions he would like to submit to the president and court, which, though they did not bear on the charges upon which the prisoner was being tried, certainly would have some effect upon the sentence of the honorable court, should they find the prisoner guilty.

the court was then cleared, and after some time, it being again opened, the president informed captain puffeigh that the questions could be put.

"are you aware, mr. shever, who the mob were who insulted myself and my officers coming aboard?"

"yes, sir; they wos friends of the prisoner's. (sensation in the court.) i believe one on 'em wos his mother." (great sensation.)

[pg 21]

"state to the court the treatment we received."

"they throwed stones at us and dirt, and cut the first lieutenant's face with a large flint. (immense sensation in the court.) they also mobbed us down, and abused us shameful."

mr. shever then went on to state that he had often heard the prisoner say "that he would be cautious what he did." this the worthy boatswain construed into a threat against the first lieutenant. "he considered clare a dangerous man. never had seen him drunk, but believed he drank considerable when he had a chance."

we must observe, with regret, that the foregoing evidence of the boatswain was entirely fictitious in its most important portions; in fact, mr. shever did on that occasion commit what is commonly called perjury, and the evidence of the seamen was very much of the same unblushing kind. the boatswain knew that if the lieutenant could trust him, and depend upon him to say anything that would carry out his plans, he could do pretty much as he liked with the men, who would not dare to complain of his treatment. his first officer was his model; and being somewhat of a cur, he did not mind swearing to any falsehood that would injure tom, provided he could curry favour with his superiors.

the prisoner was then asked if he had any questions to put to the witnesses, upon which he replied,

"no, your honour. i've heard 'em say too much already."

this answer was looked upon by the court as evidence of the man's mutinous and dangerous disposition, it being, of course, entirely misconstrued.

clare was then called upon for his defence. usually when a sailor is tried this is prepared for him in writing by his counsel, and handed to the judge advocate, who reads it to the court; but clare availed himself of the privilege of reading his own defence, and standing up with his earnest face fixed upon the president, he spoke as follows, having committed what he had written to memory:

"your honors and gentlemen, i bows to you respectfully and begs to be allowed to say a few words in defence of this 'ere crime. i was drove to desert, regler drove, your honors. i jined my ship, intendin' to serve out my time, and if needs be, fight agin the roosians, and give my life for my country. but that was not to be. lieutenant crushe drove me to desert; 'twas him wot hounded me on, and him wot caused me to be here this day a prisoner. your honors, i could stand it no longer. i have a wife—a good gal—not a common gal—i love her, and i wanted to see her. yet, gentlemen, knowin' that, and probable that if we went on a furrin station i might never see my wife again, liutenant crushe deliberate stopped my leave, and hounded me on to desert. says he to me one day, "i'll give you a flakin', as soon as i gets you into blue water," or words to that effect, and then i took it into my mind to escape, and not afore that time. i throws myself on the mercy of the court, with regard to striking mr. cravan. your honours, i love my wife. you, surely, who are married love your wives, although i suppose you may think a sailor can't love as you does. i love my poor girl, and they have called her vile names, and said she used bad language. gentlemen, that's false! prisoner as i am, and at your mercy, i say that is a lie; she never uttered a bad word in her life. allow i am bad—a mutineer—a deserter. i won't defend myself agin all that; but i can't hear them lies, and not say a word. if i am wrong, i begs your honors' pardon, but let my wife be cleared from such falsehoods. i struck mister cravan because he spoke of my wife as i would not, and could not bear to hear her spoken of. i was mad, possibly; but i am sorry, and pleads guilty, gentlemen, and throws myself upon the mercy of the court, who i beg will look[pg 22] over my discharge papers from eleven of her majesty's ships, in all of which my character stands 'very good.'"

clare warmed in his defence when he spoke about his wife, until he no longer looked the prisoner. he uttered every word with a peculiarly expressive manner, which would have moved the hearts of most men. but the officers who composed the court heard only in his speech the words of mutiny and sedition. as to his love for the woman he called his wife, that was to them a subject of the most sublime indifference. during his defence, eloquent in its na?ve pathos, few of them really appeared to be listening to him. one dozed as if half asleep, and another read a letter, while others again wrote their opinions on certain passages of his speech, and pushed the scraps of paper across to their opposite neighbours.

when clare ceased speaking, he bowed respectfully to the court; then having signed his defence, handed the paper to the judge-advocate, after which the court was cleared for deliberation.

the members having consulted for a few moments, now resumed their cocked hats, which up to that time had reposed upon the table before them, and thus decorated, in grim silence, awaited the arrival of the prisoner, who was shortly afterwards brought in.

the judge-advocate then read the finding of the court, which declared him guilty on both charges,—first of "desertion," and secondly of "striking his superior officer," and the sentence of death was passed upon him for the latter offence. but in consideration of his former services and the very good certificates of character produced by him, the court mercifully commuted the sentence of death, and awarded the punishment of flogging. he would be taken on board h.m.s. stinger and kept in irons until the day commander puffeigh fixed upon as being most convenient for the execution of his sentence, which was, "that he should receive upon his bare back fifty lashes with the cat-o'-nine-tails."

the prisoner, who seemed quite overcome by the sentence, was then taken away and sent on board his ship, to be closely guarded and heavily ironed until the sentence was carried out. as he left the victory many of her crew who had been his shipmates cast pitying looks upon him but not one of them dared openly to express his opinion.

clare saw his wife for one moment, as he was entering the dock-yard on his way to the ship, and upon being allowed to speak, told her "to bear up, as his punishment would soon be over, and it was lighter than he expected," &c., &c. in fact, he said all he could to cheer her. polly, who had thrown her arms around his neck, was then torn from him by the police, who would not allow her to enter the dock gate with the prisoner; and when tom saw her for the last time, she was being carried away by her grief-stricken father, in whose arms she had fainted.