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I BROWN.
SUTTON v. JOHNSTONE [1787]


John Montague, esquire, Admiral of the Blue Squadron of his Majesty's feet, and Commander in Chief of his Majesty's ships and vessels at Portsmouth and Spithead, President, John Campbell, esquire, Vice Admiral of the White Squadron of his Majesty's feet, Captain Jonathan Faulknor, Captain Sir John Hamilton, Baronet, Samuel Marshall, William Affleck, James Bradby, Alexander Edgar, Samuel Osborne, Jonathan Faulknor junior, John Wainwright, and Patrick Sinclair, esquires, for the said supposed crimes and offences, and upon a false, malicious, and injurious charge, exhibited against the said Evelyn, as late Commander of his Majesty's ship Isis, by the said George, as late Commander in Chief of his said Majesty's ships and vessels, employed on the said service, for delaying and discouraging the public service, on which he, the said Evelyn was ordered, on the said 16th day of April 1781, and for disobeying his the said George's verbal orders, and public signals, in not causing the cables of his Majesty's ship Isis, then under his the said Evelyn's command, to be cut, or slipt, immediately after his the said Evelyn's getting on board, in order to put to sea after the enemy (meaning the said French squadron), as he the said George had directed, and also for falling a-stern, and not keeping up in the line of battle, according to the signal then abroad, after the Isis had joined the squadron (meaning the said squadron under the command of the said George), and cleared the wreck of the fore-top-mast, when he the said George bore down upon the enemy (meaning the said French squadron) about sun-set of the said 16th day of April; at which said trial, the said court-martial having heard the witnesses produced in support of the said charge, and by the said Evelyn in his defence, and having heard what the said Evelyn had to urge in his defence, and having maturely and deliberately weighed and considered the whole, was of opinion, that it appeared to them, that the said Evelyn did not delay, or discourage the public service on which he was ordered on the said 16th of April 1781; that, from the circumstances proved of the condition the Isis was in, it appeared to the said court-martial, that the said Evelyn was justifiable in not immediately cutting, or slipping the cable of the Isis, after his getting on board her on that day; and that, after the wreck of the fore-top-mast had been cleared, the said Evelyn did his utmost to regain his station in the line of battle; and that the Isis was in her [81] station about sun-set of that day; the court did therefore adjudge the said Evelyn to be honourably acquitted of the whole of the said charge, and he was thereby honourably acquitted accordingly; by means of which said false, malicious, and wrongful proceedings of the said George, he the said Evelyn not only suffered and endured a long and grievous imprisonment, for a long space of time, to wit, for the space of two years, seven calendar months, and nineteen days, but, during that time, lost and was deprived of divers sums of money, amounting, in the whole, to a large sum, to wit, 20,000l. of lawful money of Great Britain, which he would otherwise have gained if he had not been suspended and removed by the said George from his rank and post of Captain and Commander of the said ship called the Isis, from prizes and captures which were taken and made from the enemy by the said ship the Isis, and the other ships of the said squadron, under the command of the said George, in the course of the said service and expedition, and during the said arrest and suspension of him the said Evelyn for the time aforesaid; and also suffered, sustained, and underwent great hardship, pain, grief, vexation, and anxiety of body and mind, and was thereby put to great and heavy charges and expences of his money, amounting, in the whole, to a large sum of money, to wit, the sum of 5000l. of like lawful money, in and about the defending himself against the said false and malicious charge and accusation of the said George, and the manifestation of his innocence in the premises, and was also thereby greatly aggrieved, hurt, and damnified, in his good name, fame, character, and reputation, to wit, at London aforesaid, in the parish and ward aforesaid. And whereas, on the 16th day of April, in the year of our Lord 1781, and long before and afterwards, there were open war and hostilities between our said Sovereign Lord George the Third, now King of Great Britain, &e. and the French King, his Most Catholic Majesty, and the States General of the United Provinces. And whereas, during such war and hostilities, and before the committing of the several grievances herein after-mentioned, (that is to say,) on the said 16th day of April, in the year of our Lord 1781, a squadron of ships and vessels of war, of and belonging to our said,

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