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The official record of the Court Martial relating to the taking of HMS Drake by the American Continental Navy ship Ranger, under the command of John Paul Jones, has been sitting in England's National Archives for over 200 years. Most biographers of Jones have ignored it, in favour of his own accounts of the battle (or as I like to call it, the North Channel Naval Duel). However, it contains a very large amount of important information (although you'll spot obvious signs of witness rehearsal), and shows clearly the poor state of of some Royal Navy ships and crews in the 1770s, so here is a full transcript (with added punctuation...) from the version preserved in an Admiralty ledger (National Archives ref. ADM 1/5314, leaves 219-232).
If you were looking for information about the armoured cruiser HMS Drake, which sank off the coast of Northern Ireland after being torpedoed by a U-Boat in October 1917, try here.
Note also that in this transcript, days are divided in nautical fashion, midday to midday; hence 25 April is actually midday on 24 April to midday on 25 April.
At a Court Martial assembled and held on board His Majesty's Ship Hyaena in Portsmouth Harbour on the 17th Day of Novem'r 1779
Present
Samuel Uvedale Esqr. Commander of His Maj's Ship Ajax and Senior Captain of His Majesty's Ships and Vessels at Portsmouth, President.
Capt. Mark Robinson, Capt. John Brisbane, " John Houlton, " Sir Hyde Parker Kt., " William Dickson, " George Montagu, " Richard Rodney Bligh, " John Bazely, " Thomas Lloyd, " Thos. Lenox Frederick, " Walter Young
The Court, pursuant to an Order from the Right Hon'ble the Lords Commissioners of the Admiralty dated the 13 Instant, proceeded to enquire into the Cause of the Loss of His Majesty's late Sloop the Drake, and to try Mr. John Walsh late Master of the said Sloop, and the other Persons therein mentioned, and having maturely and deliberately enquired into the Matter, the Court are of Opinion that the loss of the said Sloop was owing to her being disabled in her Masts, Yards, Sails and Rigging in the Action with the American Privateer, which rendered her unmanageable, and not from and Want of Conduct or Bravery in the Officers or Ship's Company.
The Court do therefore acquit the Master, Officers and Company of any Misconduct or Neglect of Duty on this Occasion, and they are hereby acquitted accordingly.
[ALL SIGN, with the officiating Judge Advocate, J.P. Maxwell]
[PROCEEDINGS OF THE COURT:]
The members of the Court, and Judge Advocate respectively took the Oaths directed by Act of Parliament.
All the Officers and Men late belonging to the Drake were ordered to withdraw except Mr John Walsh, the Master, who was Sworn.
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Court: Relate what you know of the loss of His Majesty's late Sloop the Drake.
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Answer: On Monday the 20th April 1778 the wind being at NNW having observed a Ship standing into the Bay of Carrickfergus and putting about to stand out when she was about 3 miles distance from us which Circumstance caused several on board His Majestys Sloop the Drake to Suspect her being an Enemy.
The Day following being Thursday the 21st Do. a Ship came into the aforesaid Bay, went round our Larbd. Quarter & a cables length to windward and ahead of us and there (as it was then very Dark & we could only Judge) she let go her Anchor and Instantly cut her cable, after which she stood out under easy Sail, and when she came abreast of us our Captain ordered a Gun to be fired to bring her too, which was done without Effect, it then blowing very fresh that our Captain did not think proper to make any other attempt to know what the said Ship was; at 3pm unmoor'd Ship preparatory to our getting underway on an Emergency in heaving up our Best Bower Anchor, we found foul thereof an Anchor of about 15 or 16 hundredweight with 56 fathoms of a 14 inch cable, which from the appearance of one of the ends thereof we were fully convinced of its lately being cut by the Crew of the said Ship which before we could only Suspect to let go her anchor.
Friday the 21st Do. at 5pm [recte 24th Do. at 5am] observed a Ship hovering off the entrance of the Harbour, at 7am Got under way with a light Breeze of wind from the northward to go out to the said Ship, having no Lieutenant, Gunner, Boatswain or Masters Mate on board, Mr George Stoddard having departed this Life two Days before of a fever, Mr James Campbell our late Boatswain having been killed on the Impress Service, our Gunner and Masters Mate having been left at Sick Quarters at Portsmouth; at half past 7am it coming almost Calm, a Boat in which were a Midshipman, the Gunners Mate and Six Men was sent to discover if possible what the said Ship was, in which attempt the said Boat and Crew were taken by the said Ship; at half past 8 Do. returning Breeze of Wind from the Eastward sprung up, which obliged us to turn out of the Harbour during which time the aforesaid Ship seemingly remained in wait for us.
Saturday the 25th at 1pm Sea Calculation Lieutenant Wm. Dobbs from a Principle that does honor to his memory Voluntarily came on board and acted in the Station of a Lieutenant; at 6 Do. got in the wake & within Pistol shot of the said Ship who had then American Colours up. Mr Dobbs by order of the Captain hailed her and asked what Ship that was, he was answered the American Ship of War the Ranger and that they waited for us. Mr Dobbs replyed very well that we should soon be on their Larboard Quarter; they then wore their Ship and as soon as they got their Guns to bear the Engagement begun, which continued for the Space of one hour & fifteen minutes, in which the following accidents happened, on board His Maj's Sloop Drake:
Lieutenant Dobbs by the third Discharge of the said Ships broadside, Rec'd a wound of which he died two Days after; Captain Burdon about 12 or 15 minutes before we were obliged to Strike received a Musquet Ball in the Head of which he died immediately; the Captain's Clerk & two other men mortally wounded of which they soon died; 12 men badly wounded & 8 Slightly wounded; the three lower Masts & Yards greatly shattered & wounded. The main Topsail Yard Mizen Gaff & Spritsail Yard shot away; the sides much damaged and Boared; all the standing & running Rigging for & aft Shot & cut away; not a Yard of Canvas left whole in most of the Sails which were loosed during the Engagement; the Colours shot away twice.
Many People placed at the Great Guns early in the Action, were Obliged to quit their Quarter to light matches which frequently used to extinguish, & in search of Cartridges which were a great part of the time of the Engagement not to be had; the People stationed at the small Arms obliged to quit their Quarters for want of Ammunition; the Ship an entire Wreck & under no Command; not the least prospect of repulsing the Enemy or getting away from them; not above ten or twelve men upon Deck, when it was by several recommended to me to Strike, at which time the desire I had to do the best in my Power for His Maj's Service & the Consideration of the weighty Consequence of giving up one of His Maj's Ships or Vessels, made me seek for the best and most general advice, which was to Strike, which I was well convinced was the best and most prudent to follow in the Situation we were in; acordingly with the greatest regret I thereto agreed & submitted to Superior Force- when I went on board of the aforesaid Ship Ranger I there learned she came from Brest commanded by John Paul Jones, th[at] she mounted 18 Double fortified 6 Pounders, pierced for Twenty Guns, had 8 Swivels & 135 Men, that our Shot had not force enough to go thro' her Sides tho' we were not above half a Pistol Shot distance from her all the time of the Engagement, the Impression of which was shown me the 7th Day of May 1778. -
Court: What Force was the American Privateer?
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Ansr: She had Eighteen double fortified 6 Pounders & either 135 or 145 men. I do not know which.
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Court: What Force was the Drake of?
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Ansr: She had Twenty 4 Pounders and 154 Men, Sup'ys Inclusive. 4 of the aftermost Guns by the sudden rise of the Quarter Deck were rendered useless- the major Part of the other Guns when fired used to fall upon their Muzzles, I apprehend from the Fore Trucks being too low. I believe the guns were purchased by the merchants.
[I'll just interrupt at this point to suggest that this is probably a reference to the previous owners of the vessel, which was not built for the Royal Navy, but was a cargo ship with defensive capability, bought by the Admiralty to fill the gap left by the sending of many ships to America- in fact, Drake entered Navy service almost exactly a year before abruptly leaving it]. -
Court: What Orders were given to prepare the Drake for Action and was she clear?
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Ansr: Orders were given by the Captain to prepare the Sloop for Action, but she was not Clear in my Opinion.
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Court: In what particular Instance was the Drake not prepared for Action?
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Ansr: Because she wanted Powders for the Great Guns & Small Guns, owing to the Acting Gunners not handing the Powder up; there was not a sufficient Number of musquet Cartridges filled; the matches frequently went out during the Engagement, I believe it was owing to the badness of the match & unskilfulness of some of the men.
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Court: Did you make any representation to the Captain as being the Officer next in Command, that there were not a sufficient Quantity of Cartridges filled, or the Ship in any other way not properly prepared for action?
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Ansr: The Night before the Action the Master at Arms informed me there was not a sufficient Quantity of small Arm Cartridges filled, in Consequence of which I acquainted the Captain therewith, who sent for the Acting Gunner. I then retired.
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Court: Do you know whether the Captain gave Orders to the Gunner to fill Cartridges?
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Ansr: I believe he did but the Acting Gunner told me afterwards that he had informed the Captain there was not paper on board to make Cartridges. I apprehended the Captain had furnished him with Paper.
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Court: Did you enquire into the State of the Ammunition for the Great Guns before the Action?
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Ansr: No I did not.
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Court: How many rounds of Powder had you filled for Service before the Action commenced?
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Ansr: I heard the Acting Gunner say there were Twenty rounds filled.
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Court: Was the Hammocks up and properly Barricadoed?
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Ansr: The Hammocks were up and properly Barricadoed.
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Court: Were any measures taken by you to remedy the want of Powder?
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Ansr: Yes; when the People first cried out for Powder, the Captain asked me the reason why they did not bring Powder. I told him I could not tell; he Ordered me to go down to hurry the Powder up; when I went down the Acting Gunner told me that the People would not bring down the empty Cartridge Boxes. I went immediately on Deck in search of Cases & could see no more than 3 or 4 empty ones. I told the Captain what had passed.
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Court: Were the Guns properly supplied with Powder afterwards?
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Ansr: No they were not.
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Court: What was the reason they were not supplied?
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Ansr: Because the Powder was not handed up from the Magazine. I went down a second time by Order of the Captain to the Gunner. I asked him the reason why he did not send up Powder. I do not recollect what reason he gave.
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Court: Did you go into the Magazine to enquire into the Cause of the want of Powder?
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Ansr: I went no further than to the Gunner who was between Decks, he said he would send up Powder; by and by Powder was sent up but not sufficient.
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Court: How long was you in action?
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Ansr: An hour & fifteen minutes or an hour & a half.
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Court: What number of men had you killed & wounded when you struck the Colours?
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Ansr: Five killed and Twenty wounded.
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Court: Was the Ship in such a Situation when you struck as to be rendered incapable of further Defence?
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Ansr: The Ship was a mere Wreck and could not make any further resistance.
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Court: You having mentioned that there were only 10 or 12 Men on Deck when you was Obliged to Strike, did the Ships Company & other Officers run from their Quarters?
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Ansr: Not to my knowledge.
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Court: Where was you when you only saw 10 or 12 Men upon deck at the time you struck?
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Ansr: I was upon the Quarter Deck.
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Court: Did you use any Efforts to oblige the men to return to their Quarters before you Struck?
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Ansr: I always encouraged the People to keep to their Duty to the utmost of my Power.
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Court: Were all the men on board the Drake quartered?
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Ansr: No.
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Court: What was the reason, as you was second Officer in Command, that you did not Quarter the Man?
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Ansr: A new Quarter Bill was made out before the Action by Lieut. Dobbs the Actg. Lieutenant.
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Court: Do you know of any reason why Lieutenant Dobbs did not Quarter the whole of the Ships Company?
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Ansr: To the best of my knowledge there were several Landsmen who could not be stationed at Small Arms for want of Cartridges. The Great Guns were manned with as many Men as was thought necessary by the Captain & Lieut't.
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Court: At the time of the want of Musquet Ammunition were any of the People Quartered at the Great Guns from the Small Arms?
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Ansr: Not that I know of.
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Court: Did you engage to Windward or to Leeward?
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Ansr: Sometimes to Windward and sometimes to Leeward, we engaged on both sides.
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Court: When you found a Deficiency in Ammunition for the Great Guns & small Arms were any attempt made to board the Enemy?
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Ansr: No.
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Court: Had you any Pistol Cartridges filled?
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Ansr: I believe there were.
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Court: In what manner did the Officers & Company behave during the Action?
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Ansr: They behaved in General very well.
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Court: Upon the whole do you attribute the loss of the Drake to want of Cartridges being filled?
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Ansr: No we laboured under many other disadvantages by some of the Guns oversetting by the Quick rise of the Deck and by others falling on their muzzles.
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Court: What Officers were there on board when you struck, & who recommended it to you to Strike?
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Ansr: Mr Souden Mid. and George Thompson Boats'n Mate, the only Petty Officers on deck & several of the Ships Company recommended it to me to Strike.
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Court: Who was the first Person that came to you and recommended it to you to Strike?
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Ansr: Geo. Thompson Boats'n Mate & Mr Souden Mid. were the first Persons. Thompson said "Mr Walsh we are totally disabled. You see that we cannot stand out any longer. You had best Strike." Mr Souden in a minute or two after came to me & spoke to me much in the same words. David Dick also came to me & recommended it to me to Strike, as it was the General Voice of the People- I then ordered the Colours to be Struck.
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Court: Did any of the People who spoke to you to Strike use any Force to Compel you to Strike?
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Ansr: No; they only gave me their advice.
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Court: How long had you ceased firing before the Colours were struck?
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Ansr: About 3 or 4 minutes.
Thos. Wilkinson, Pilot Sworn-
Court: Where was you Quartered during the Action on the 24th April 1778?
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Ansr: I was stationed on the Quarter Deck to assist the Master.
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Court: Were any Orders given by the Captain to Clear the Ship for Action on supposing the strange Ship to be an Enemy?
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Ansr: He did give Orders for that purpose.
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Court: Was the Ship for Action in Consequence of those Orders?
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Ansr: She was.
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Court: Do you know of any Interruption during the Action for want of Powder?
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Ansr: We wanted Cartridges for the small Arms about the middle of the Action; several of the Matches went out during the Action. I went down & lighted some of them again myself.
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Court: Do you [know] of any other obstruction?
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Ansr: I remember the Boys that were Quartered to bring Cartriges to the Great Guns did not bring them up fast enough. I suppose they were intimidated by seeing the wounded men.
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Court: Were any other Persons ordered to bring up the Cartridges?
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Ansr: I went down myself as did some other men, to bring up Cartridges, & several were brought up.
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Court: Did you observe any Slackness in firing after the Supply of Cartridges were brought up?
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Ansr: I did not observe any.
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Court: What do you attribute the Matches going out to?
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Ansr: To their falling into the water in the Match Tub.
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Court: Do you of any Complaint being made by the Actg. Gunner that he could not send up Cartridges for want of empty Cases?
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Ansr: No.
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Court: Do you know whether the Gunner alledged any Reason for not sending up Musquet Cartridges?
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Ansr: Yes; as we were going out to fight the Privateer I heard the Gunner say he had no paper on board to make Musquet Cartridges. We were making Musquet Cartridges as we went out.
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Court: Do you remember the People deserting their Quarters the latter Part of the Action?
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Ansr: I do. On account of the Ship being a Wreck we could not fetch the Guns to bear on the Enemy. The Drake had lost her Main Topsail Yard which came down upon Deck; the Fore Topsail Yard came down on the Cap; her Jib Fore Topmast Staysail Spritsail Yard shot away. Six Shot thro' the Foremast. Five of the Larboard Fore Shrouds were shot away. The Mizen Gaff shot away; the Sails were all shattered and torn.
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Court: Do you think at the time the Ship struck she was in a condition to continue the fight, or get away from the Enemy?
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Ansr: She was not.
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Court: Do you [know] of any particular Person coming up & advising the Master to Strike?
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Ansr: I do not recollect. It was the general Voice of the People on the Main Deck.
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Court: Did the Master when he succeeded to the Command of the Ship encourage the men to do their Duty?
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Ansr: He did.
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Court: Did you advise the Master to Strike?
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Ansr: Yes I did. I thought it adviseable to do so in the Situation the Ship was then in.
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Court: At the time you sailed from Carrickfergus was it thought the Ship you was going in quest of was an Enemy?
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Ansr: It was; the Enemy made a Signal for a Pilot, a fishing Boat went on board & was detained by the Enemy.
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Court: In the time of the Action did you hear any Complaint against the Gunner for not sending up the Cartridges?
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Ansr: No, otherwise than that I heard the Master go down & call to him for more Cartridges.
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Court: Was there any considerable Stop during the Action for want of Cartridges for the Great Guns?
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Ansr: Not above 2 or 3 minutes.
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Court: Did you know of any of the Guns oversetting during the Action?
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Ansr: I did, the after Guns on the Quarter Deck owing to the Quick rise of the Quarter Deck.
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Court: Was any preparation made during the action to board the Enemy?
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Ansr: Not to my knowledge.
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Court: Could you have boarded the Enemy during the latter part of the Action?
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Ansr: No we had no Command of the Ship.
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Court: What was the State of the Enemy's Ship when you Struck?
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Ansr: She had received very little Damage. She had the use of all Masts & Sails.
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Court: What Distance was you from the Enemy when you engaged?
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Ansr: When the Action began we were a Cable's Length Distance; afterwards she came within half a Cable.
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Court: How long was you in Action?
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Ansr: About 3 Glasses.
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Court: When you first weighed from Carrickfergus did you apprenehd the Drake was of equal or Superior Force to the Ship you was going in quest of?
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Ansr: At first we did not know what she was but when Lieut. Dobbs came on board he brought a Letter dated Whitehaven, directed to the Mayor of Belfast mentioning that there had been an American Privateer or Ship of War in Whitehaven Road & that some of the Crew went on shore & set fire to a Ship in the Harbour; the letter also mentioned that the Privateer mounted 18 double fortified Six Pounders.
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Court: What do you attribute the loss of the Drake Sloop to?
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Ansr: Not from want of any Conduct or Bravery in the Officers or Men, but from the Superior Force of the Enemy & their better Success. She was much better constructed for Action than the Drake was.
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Court: Do you recollect of Mr Walsh the master giving the least intimation of Striking till it was the General Voice of the People.
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Ansr: I did not.
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Court: Did the Privateer wait for the Drake's coming out of Carrickfergus?
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Ansr: Yes she did.
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Court: How many men were killed and wounded on board the Drake.
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Ansr: There were 5 killed and about 20 wounded.
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Court: Did the Master shew the least Fear, or Confusion during the Action.
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Ansr: None whatever.
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Court: Did he do his Duty as a brave man as far as fell under your observation?
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Ansr: As far as fell under my observation he did.
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Court: Do you remember whether the Ships Company was Quartered before the Action?
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Ansr: To the best of my remembrance they were.
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Court: Do you recollect whether Lieut. Dobbs called the People to their Quarters?
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Ansr: I do not remember.
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Court: Do you recollect what Number of Men were on board the Drake at the Commencement of the Action?
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Ansr: I believe there might be about 150 or 160 Men, Landsmen Included.
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Court: What was the proper Compliment of the Drake?
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Ansr: I heard say 100 men.
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Court: What number of Landsmen were there & when did they come on board.
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Ansr: I heard say between 50 & 60 part of which came on board the Night before the Action.
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Court: Do you know the reason why the Landsmen which came on board were not Quartered?
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Ansr: Such as said they could make use of a Musquet had one, the rest were put down between Decks.
Evidence withdrew.
Mr Rd. Souden Mid'n Sworn-
Court: Where was you Quartered on board the Drake in the Action of the 24 April 1778?
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Ansr: I was Quartered on the Main Deck.
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Court: Were Orders given to Clear the Ship for Action on seeing the American Privateer?
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Ansr: We were all Clear for Action before we weighed from Carrickfergus; the Ships Company were all Quartered & many of the Supernumaries as were sufficient were quartered to the Great Guns & some to the small Arms; the others were ordered down below.
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Court: Do you know whether there was any want of Ammunition during the Action?
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Ansr: In the middle of the Action the People stationed at small Arms called out for Cartridges; the Armourer went down & came up with His Hat full of Balls & two horns of Powder.
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Court: Do you know whether there was any delay in the Action for want of Cartridges for the Great Guns?
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Ansr: Yes there was in the latter Part of the Action.
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Court: What was the Cause of the Delay?
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Ansr: I cannot tell.
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Court: Was you at any time ordered to enquire into the Cause, or did you hear anybody else make any Enquiry?
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Ansr: I did not.
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Court: What was the General behaviour of the Officers & Ships Company during the Action?
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Ansr: Every one behaved well as I saw 'till the latter Part of the Action; when the Ship was disabled some of the Men left their Quarters in the latter Part of the Action.
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Court: Were any attempts made by the Officers to drive the Men to their Quarters before the Ship Struck?
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Ansr: Yes.
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Court: What were the means made use of?
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Ansr: The Officers went below but could not get the Men up.
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Court: Were any Men killed or wounded by any of the Officers in the Act of running away from their Quarters?
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Ansr: Not that I saw.
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Court: Were any of the Ships Guns dismounted by the Enemy?
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Ansr: No, only one Swivel; the 4 aftermost Guns on the Quarter Deck were of very little Use occasioned by the Quick rise of the Quarter Deck; the other Guns fell down on the Muzzles when fired off which occasioned great delay.
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Court: Was you upon the Quarter Deck when the Ship Struck?
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Ansr: Yes I was.
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Court: What was the Situation of the Enemy's Ship at that time?
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Ansr: The American Privateer was on our Larboard Quarter within Pistol Shot.
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Court: Was your Opinion asked with regard to striking the Colours.
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Ansr: Yes my Opinion was asked.
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Court: Did you think the Ship was in a State to be no longer defended?
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Ansr: She was not in a State to repulse the Enemy or get away.
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Court: Describe to the Court the State the Drake was then in.
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Ansr: The Maintopsail Yard was upon Deck; the Fore Topsail Yard down upon the Cap.
Jib, Topmast staysail & spritsail Yard under the Bows, Six Shot thro' the Foremast, the Main Topmast very much disabled & under the Cap, the sails all shattered to Pieces, the Shrouds & Stays shot away, the Braces, Bowlines & lifts shot away, all the running rigging cut to pieces, several Shot thro' the Side.
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Court: In the Situation the Drake was in as above described, was there a possibility of boarding the Enemy?
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Ansr: No.
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Court: What number of Men was there on board the Drake at the time the Colours were struck?
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Ansr: I cannot say.
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Court: How long had you ceased firing before you Struck?
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Ansr: About Ten minutes.
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Court: Was the ceasing of the firing occasioned by the Men leaving their Quarters or what other Cause?
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Ansr: It was from the Condition of the Ship
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Court: Did you hear a General Cry from the People to Strike before the Master ordered the Colours to be hauled down?
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Ansr: There was a general Cry to him to Strike from the People on the Deck.
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Court: What reason did the People assign for leaving their Quarters the latter Part of the Action?
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Ansr: Because we could not bring our Guns to bear on the Enemy.
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Court: To what reason do you attribute the loss of the Drake?
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Ansr: To the Enemy being of Superior Force. And the Drake being so disabled she could not continue the Action any longer.
Wm. Sweeney Quarter Master Sworn-
Court: Where was you quartered?
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Ansr: At the Wheel.
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Court: Was the Ship Clear for Action?
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Ansr: Yes.
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Court: Did you hear any Complaint of Want of Ammunition for Great Guns & small Arms?
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Ansr: Yes; I believe it was owing to the Boys not bringing the Cartridges, they went down and did not come up again. When the Musquet Cartridges which were in the Cartouch Boxes were expended the People went down for more & there were none.
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Court: Did you cease firing during the Action for want of Cartridges for the Great Guns?
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Ansr: I do not recollect.
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Court: What distance was you from the Enemy when you engaged & how long did you Engage?
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Ansr: We engaged about 3 Glasses at about 2/3 of a Cables length.
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Court: Did you in the whole course of the Action observe any want of Conduct in the Officers or Bravery in the Men?
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Ansr: No I did not.
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Court: To what do you attribute the loss of the Drake?
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Ansr: We could not fight any longer. The Ship was disabled & would not answer her Helm.
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Court: How long had she been under no Command of the Helm before she struck?
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Ansr: She would not Answer her helm for a Quarter of an hour before she struck.
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Court: Was either the Tiller or Tiller Rope shot away.
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Ansr: No.
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Court: Did you hear any Person call out to the Master from the main Deck & desire him to Strike?
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Ansr: Yes; some time before the Colours were struck several People called out to the Master to Strike as the Ship would neither wear nor stay.
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Court: Do you remember the Men deserting from their Quarters in the latter Part of the Action?
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Ansr: No I do not.
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Court: Did you hear the Master give the least Intimation of striking the Colours before the People called out to him to Strike?
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Ansr: No, the People came aft and desired him to Strike.
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Court: Did the Enemy appear to you to be anywise disabled when you struck?
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Ansr: No, she went round us like a Top & had done so for a considerable time before.
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Court: As an English Seaman did you think the Drake was defended as long as she ought to be?
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Ansr: Yes.
John Butcher, Jno. McIntoch, John Barnard, Cleland Kilpatrick, Nichs. Carr, James Lettoe, John McNeal, Wm. Trotter and James Nipper being brought into Court were respectively Sworn & were asked the following Question by the Court.-
Court: Do you know of any backwardness or Want of Conduct or Bravery in the Officers during the time of the Action between the Drake Sloop & the Enemy on the 24 April 1778?
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They unanimously answered no.
The Court was Cleared.
The Court upon mature and deliberate Consideration agreed that the loss of the Drake was owing to her having been disabled in her Masts, Yards, Sails and Rigging in the Action with the American Privateer, which rendered her unmanageable and not from any want of Conduct or Bravery in the Officers or Ships Company.
The Court was opened and Sentence passed accordingly.
James Primrose Maxwell
Officiating Judge Advocate
PS: Also in the Admiralty files at the National Archives (ref. ADM 8/54) is a 1778 ledger detailing the current status and whereabouts of Royal Navy vessels. Drake is described as mounting 16 Great Guns, and having a crew of 100, under Captain Geo. Burdon and Lieut. Geo. Stoddart, stationed (with two other vessels, Harpy and Wolf) since 4 May 1777 "To Convoy the Trade to & from Ireland to England."