“Q. Did I afterward send him an order, appointing him commander of the Porpoise? – A. Yes; it was sent to Major Johnstone for that purpose. He refused to deliver it, unless Governor Bligh would agree to certain terms.
“Q. Do you know from Mr. Kent whether he received it? – A. I cannot charge my recollection. I think he did, on the next day after his taking the command.
“Q. Did I not refuse to accede to the terms of Major Johnstone ? – A. Yes.
“Q. Did Mr. Kent, in fact, take the command of the ship ? – A. The ship was down the harbour. He certainly did take the command on the 13th of April, 1808.
“Q. Is this a copy of his commission? – A. Yes.
[Order to command the Porpoise read, and admitted by the Prisoner.]
“Q. Was the ship then stationed at Port Jackson? – A. Yes.
“Q. Did Lieutenant Kent afterwards, on the 19th of April, sail and quit that station ? – A. She was half-way down the harbour, and not there next day.
“Q. Had he any order from me for that purpose? – A. No, not to my knowledge.
“Q. In your situation as secretary, must you, or must you not, have known it, if he had? – A. Certainly I should.
“Q. Have you, or have you not, heard from Mr. Kent that he had no order from me ? – A. I know, from conversation, he had no order from Governor Bligh.
On the Second Charge.
“Q. Did you, on the 30th of July, deliver to Lieutenant Kent an order to hoist and wear my broad pendant? – A. An order was made out on that day. I cannot recollect whether it was delivered to him or not; or whether it was sent. I think the latter.
“Is this the order? – A. It is a copy of it.
[Order read: the Prisoner admitted it to be a true copy.]
“Q. Did he hoist the pendant in pursuance of the order? – A. It was flying at the time on board the Porpoise, on his return from Port Dulrymple, on the 26th of May, 1808. I went down the harbour in a boat, and saw the pendant flying.
“Q. Did Lieutenant Kent, at or about the 1st of November, again sail from Port Jackson, and quit his station there? – A. He did.
“Had he any order from me for that purpose ? – A. No.
“Q. Do you know, when the Porpoise sailed, whether the pendant, was flying or struck? – A. The broad pendant was flying when I last saw her; the ship was under weigh at the time; I saw her from Sydney Cove. It is customary to drop down the harbour a day or two before they sail.
“Q. Was it hoisted on board of any other ship, after the Porpoise sailed? – A . No.
