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^JANUARY.
top-gallant-sails ; that the wind and
weather was such that he could have
carried all the fail in the ship that he
commanded, and knesv of no reason.
why rhey could not do the Same ;
that Che van of our fleeC was engaged
about an hour and a quarter ; that
the admiral did not continue in the
Same poSition, but kept lasking (7) away,
angling from che enemy ; chat
he Saw the Ramillies sire; chac che
distance of Some of the rear division
from the van seemed to be about three
miles ; chac he made no doubt if the
rear had carried Sail, all along, but
they might have prevented the enemy's
tear from pouring Some oS their
fire into our van ; and that the distance
between our rear and their van
was occasioned by our rear throwing
their top-Sails a- back when they began
to fire.
Capt, Heryev, os the Phoenix, Sworn.
He was stationed a-breast tne admiral
to repeat signals ; that about 43 minutes
after two, Signal was made for
the DeptSorel to quit the line ; and abeut
5o minutes aSter two, tlieBamilhes
began to fire upon the enemy, having
beSore that received the ire of the
3 tternmost ships of the enemy for ahout
io or i2 minutes, in which time
he obServed some of the enemy's, Shot
tn sail between the Ramillics and his
shl^ the Phtanix ; about the same
time he observed the Intripid's for^top
to he lost - he obferved then, that the
^uck motion of the lntripid in bearing
^lewn, hed occasioned her to be raked
ry the enemy, to lose her topmast, and
inn the risk of falling on board the
^hairal, who was then engaged, and
might not fee them time enough to
prevent it. Some time after the Rallies
ceased fire, the i ith ship in the
anotny ^ tine bore away from the Ranullies
strc, ^ ^as concluded bv the
^opla on board ; that the Culloden
^red hat ^ p^ times, and at a greater
distance than the Ramillies ; that the
^hele sue ceased about five in tbe af-
ternootl ; that the enemy seemed to
go off from the fire of our van, Some
of them not damaged.
Tuefday, Jan. 4. Capt,* Hervey
re-examined till near two, with very
little variation from the narative he
had given the court the day before.
Captain Amhurst was examined,
which lasted a long time, and he and
all the officers that have yet been examined,
?cquit the admiral of any unnecessary
delays , but could not fpeak
positively as to the admiral's conduct
during the engagement.
Wedn. Jan. c. Mr. Loyd, a lieutenant,
and Mr. Philips, a volunteer on
board the steet, but now a captain,
were examined ; in whose examination
nothing particular appeared, further
than has been already noted.
Thursday, Jan. 6. The lieutenant
of tbe Laneaster was examined, and
then a gentleman who was a volunteer
on board ; their evidence seemed
very clear and certain as to Some particular
facts which fell immediately
under their observation, and which
seem not much to be in favour of the
admiral.
The Same day Capt. Young oS the
Intrepid, the ship that was Said to have
occasioned Adm. Byng to back his
Sails, and to have thrown the whole
fleet into disorder, So as to prevent the
rear Srom a close engagement, was
examined, He had before given his
evidence in writing to the judge advocate,
which was read by the court and
then he was interrogated as to the
facts, and among many other queStious.
was alked.
Did the lofs of your foa'etopmast
put any of your ships in our rear in
danger of being on board you ? A^ot as
1 could perceive. —Did it occasion any
impediment to the admiral and his
division from going down and engaging
the enemy closely? Alotas ! could
perceive. —Did any of the ships in
the rear tack at that time t 1 did
not obsorve just then ; thry were to wind-
S 'r n.. • ward
t^ By lashing is mean: net steering directly t^Rards the enemy, with his how towards
then,