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  took place during frosty weather. The gunner’s crew were kept up in the rigging until half-past three in the afternoon.

Sir Edward Hamilton, in his defence, said, that motives of humanity had often restrained him from bringing the gunner to a court-martial for repeated intoxication, as he had a family, and was an old man; that he had not the least intention to hurt him; and that the punishment was ordered in the heat of violent passion, in consequence of the gunner having disobeyed his orders. After maturely and considerately weighing the whole of the evidence, as well as Sir Edward Hamilton’s defence, the Court were of opinion that the charge had been proved, and therefore sentenced him to be dismissed his Majesty’s service. Sir Edward was restored to his former rank in June 1802.

