The brave Admiral Benbow, more surprised at this language than he would have been at the sight of another French squadron, sent for the rest of the captains on board in order to ask their opinion. They obeyed him indeed, but were most of them in Captain Kirby's way of thinking; which satisfied the admiral that they were not inclined to fight; and that, as Kirby phrased it, _there was nothing to be done_, though there was the fairest opportunity that had yet offered. Our strength was, at this time, one ship of seventy guns, one of sixty-four, one of sixty, and three of fifty; their masts, yards, and all things else in as good condition as could be expected, and not above eight men killed, except in the vice-admiral's own ship, nor was there any want of ammunition; whereas the enemy had now no more than four ships, from sixty to seventy guns, and one of them disabled and in tow. The vice-admiral thought proper upon this to return to Jamaica, where he arrived with his squadron, very weak with a fever induced by his wounds, and was soon after joined by Rear-admiral Whetstone, with the ships under his command. As soon as he conveniently could, Vice-admiral Benbow issued a commission to Rear-admiral Whetstone and to several captains to hold a court martial for the trial of several offenders. On October 6th, 1702, the court sat at Port Royal, when Captain Kirby, of the _Defiance_, was put upon his trial. He was accused of cowardice, breach of orders and neglect of duty; which crimes were proved upon oath, by the admiral himself, ten commissioned, and eleven warrant officers; by whose evidence it appeared that the admiral boarded Du Casse in person three times, and received a large wound in his face, and another in his arm before his leg was shot off; that Kirby, after two or three broadsides, kept always out of gun-shot, and by his behaviour created such a fear of his desertion as greatly discouraged the English in the engagement; that he kept two or three miles astern all the second day, though commanded again and again to keep his station; that the third day he did not fire a gun though he saw the admiral in the deepest distress, having two or three French men-of-war upon him at a time; and that he threatened to kill his boatswain for repeating the admiral's command to fire. He had very little to say for himself, and therefore was most deservedly sentenced to be shot.