Revised Jun 5 2021

WILLIAM MUSPRATT, being called on for his Defence, delivered a Paper Writing to the Court which was read by the Judge Advocate as follows—

"It is every day's practice in the Criminal Courts of Justice on the Land when a Number of Prisoners are tried for the same facts, and the Evidence does not materially Affect some, for the Court to acquit those that are not Affected, that the other Prisoners may have an Opportunity to call them if advised to do so. I beg to have the Opportunity of calling Byrn and Norman."

The Court withdrew and agreed, That the Court is of Opinion that they cannot depart from the usual Practice of Courts Martial and give Sentence on any particular Prisoner, until the whole of the Defences of the Prisoners, are gone through.

The Court returned and, the above Minute being read,

WILLIAM MUSPRATT then delivered to the Court a Paper Writing containing his Defence, which was read by the Judge Advocate and is hereto annexed.

To the Right Honble. Samuel Lord Hood, Vice Admiral of the Blue, President, and the Members of the Court Martial Appointed on Board His Majesty's Ship "Duke" in Portsmouth Harbour for the Trial of Wm. Muspratt and others, for Mutiny and Desertion.

May it please your Lordship and Gentlemen of the Court,

Under the heavy Charges of Mutiny, Desertion, and running away with His Majesty's Ship the "Bounty" on the 28th. day of April, 1789, I have the satisfaction to acknowledge that I am tried under the most Benign Laws, and by a Court attentive equally to the Life and Liberty of the Subject, as to the Honor of the Crown, and the support of the Royal Navy: and under that satisfaction I presume to call my God to Witness, and to Assure this Honble. Court, that I am innocent of the Charges laid against me, and beg leave to state, That on the said 28th. of April I was Assistant to the Cook of the "Bounty," then being on her passage to the East Indies; That Mr. Christian, Mr. Hayward, Mr. Hallett, John Mills, Isaac Martin, Charles Norman, Thomas Burkett, Thomas Ellison, and Matthew Quintal had the 3rd. Watch, and that in that Watch, and between the hours of 5 and 6 O'Clock I went in Company with John [Thomas] Hall, then a Cook, up the fore Scuttle on the Starboard side and sat down to split Wood; That Michael Byrn came up just after and asked me what I was about, making such a Noise when the People were just turned into their Hammocks; that Mr. Hayward at this time came running forward on the Larboard side of the forecastle, to look for a Shark that was then about the Ship and called for his Hook; that I then heard it said that Mr. Christian was gone below to get a Musquet to shoot it; that Mr. Hayward went immediately aft; That Wm. M'Coy then came up the fore Hatchway with a Musquet in his hand and gave two or three hard thumps with its But-end upon the Deck saying, "Bear a hand, for Mr. Hayward is gone Aft", that a number of Men came up and ran aft; I immediately heard that Captn. Bligh was made a Prisoner; Churchill, Armed with a Cutlass and Pistol, ordered me to assist in getting the Yams out of the Boat, saying, "Otherwise it should be the worse for me"; that finding Norman Assisting, I joined. When the Yams were out, I then Assisted at the forestay Tackle fall; the Boat being out, the Cutter was ordered to be cleared; I then Assisted to clear the Cutter and, the same being out, there was some hesitation respecting the Launch. I then Assisted my Messmate Hall, who was going in the Boat, to get such things from the Galley as we thought would be useful. I then sat down on the Booms abaft the forehatchway on the Larboard side, when Millward came and communicated to me Mr. Fryer's intention to rescue the Ship; I then said I would stand by Mr. Fryer as far as I could. And I humbly hope this Honble. Court will permit me to examine Millward to that, not withstanding the unfortunate situation in which he stands. With that intention to Assist Mr. Fryer and for that purpose only I took up a Musquet which one of the People had laid down and waited for Mr. Fryer's making his Effort to regain the Ship. In this, I submit, I am in some Degree Coroborated by Mr. Cole, but Mr. Fryer with others being hurried into the Boat, I quitted the Musquet and laid it down alongside the Windlass. I then went and Assisted in getting things into the Launch, and here I beg leave to observe that it does not appear upon the Evidence that I was at all active in supporting the Mutineers or that I assisted them in any one instance.

I should call Mr. Purcell in Aid of my Defence, but I must decline it on observing the very unaccountable Manner in which he has given his Evidence to this Honble. Court by stating that he could not charge his Memory with any particular Circumstance as to me, and then in Answer to the Question from the Court What was he doing stating that I was walking about the Ship handing liquor to the Ship's Company, and handing Capn. Bligh's and Mr. Fryer's things up. The truth of both which charges I deny.

Mr. Hayward's Evidence, I trust, must stand so impeached before this Honble. Court as not to receive the least Attention in this Case, where the Lives of so many Men are to be affected by it, For he swears that Morrison was a Mutineer, because he Assisted in hoisting out the Boats and that McIntosh, notwithstanding he Assisted in the same Business, was not a Mutineer.

Mr. Hayward's criminating Morrison from the Appearance of his Countenance;

Mr. Hayward's feint remembrance of that most material and striking Circumstance of Morrison's offering to join him to retake the Ship;

Mr. Hayward's Answer to Muspratt's question that Captain Bligh's words "My Lads, I'll do you Justice," applied to the people in the Boat and not to them in the Ship;

Mr. Hayward's saying that he could not remember that Morrison said to him "Go it, I'll Assist you there is tools enough in the Ship," when such an Expression to a Man in the Situation Mr. Hayward then stood must have made an indelible impression. And some other Observations which I cannot with Decency make, as they may materially Effect one of the Prisoners now standing at your Bar, and which I am sure will not escape the discerning Eye of this Honble. Court, are circumstances, which I cannot but believe, must most materially affect Mr. Hayward's Credit.

Had I have been under Arms at the time Mr. Hayward has sworn I humbly Submit that Mr. Hallet must have seen me.

The great Misfortune attending this unhappy Business is that no one ever Attempted to rescue the Ship; it might have been done —Thompson was the only Centinel upon the Arm Chest.

Mr. Peckover saw me upon the forecastle not doing anything.

There is not a single Act done by me during the time I had the Musquet or at any other time, and I submit to this Honble. Court that such is a very strong Circumstance, from whence to conclude that I had it for the purpose I have suggested and not for any Mutinous purpose.

WM. MUSPRATT.