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 Captain Quilliam had by this time arrived at Spithead, and subpoenaed the whole of his officers and crew as witnesses, together with most of the merchants of St. John’s, Newfoundland, several gentlemen holding civil appointments, and many military officers stationed there. This occasioned a reference to the Admiralty, as to the means of procuring the attendance of all these witnesses; and, Captain Quilliam’s aversion to the trial going on, and his fear for the probable issue, being manifest, their lordships thought proper to direct the court to proceed in examining those already on the spot, amounting to more than 300 persons, at least one-third of whom had been impressed by their late first lieutenant, and some of whom, it might have been supposed, would be found to convict him, if guilty of any of the alleged offences.

The court accordingly assembled on board the Crescent, Sept. 3d, 1814, and Captain Quilliam, who pertinaciously refused to prosecute, was called upon as principal evidence. His answer to the very first question astonished every one present. – “Have you any thing to allege against the prisoner, and what?" enquired the court. "Nothing whatever,” replied he; “for although I have had complaints of him, they were not of that nature to call for a court-martial!” The president, Rear-Admiral Foote, here remarked to the other members of the court, that, “if the captain of the ship stated this much on oath, it was sufficient;” but the prisoner urged that they were ordered to try him for his conduct, for nearly three years; and although decidedly illegal, as far as regarded any thing prior to the last twelve months, he preferred having it laid open, and thoroughly investigated. The court then decided to proceed; and next day, being pretty well tired of the business, adjourned to the Gladiator, in Portsmouth harbour. All the officers of the Crescent, and their servants, as well as many of the ship’s company, were examined, but not one among the whole could bring forward a single instance of insubordination, or of unseamanlike or ungentlemanly conduct, on the part of the accused. Some of the witnesses were hardy enough to make comparisons