Admiral Smith, the President of the Court, was then called; a grey-headed man, of comely and respectable appearance; but of no capacity, of no quickness to comprehend the chicanery of such a partial examination. He, and the greater part of his comrades, were awed too with the presence of the great persons before whom they were brought. Moore, and one or two others, were neither awed nor haggled with their inquisitors. Lord Morton caused the twelfth Article to be read; and would have asked Admiral Smith, whether he then thought, or ever did think, that Article applicable to error of judgment? The impropriety of the question, and the intemperate warmth of the Lord who put it, when he was checked by Lord Talbot, broke in on the solemnity of the scene, and disturbed it. Lord Temple observed, that Smith had already answered the Earl’s question by stating in their letter the words, _even by error of judgment_. Lord Hardwicke said, that letter was not an oath, _and hoped would be out of the question_; yet he owned the interrogatory was most improper. Lord Temple insisted that they were under the virtue of their oath till the sentence was pronounced, and they were dissolved as a Court. Lord Mansfield then asked the President, whether he knew any matter previous to the sentence which would show it to be unjust. He answered, “Indeed I do not.” Lord Mansfield--“If it was given through any undue practice?” Admiral Smith--“Indeed I do not.” Lord Halifax then asked him, if he desired to have the Bill? He replied, “I have no desire for myself. _It will not be disagreeable to me, if it will be a relief to the consciences of any of my brethren._” Lord Halifax asked him farther, whether he could reveal anything relative to the sentence, that was necessary for the King to know, and to incline him to mercy? The Admiral said, “Indeed I have not, farther than what I wrote at that time to Lord Lyttelton, signifying that we were willing to attend, to give our reasons for signing that letter.” Lord Lyttelton said, “He had returned that letter to the Admiral, that he might read it there.” Lord Hardwicke asked, whether he thought himself restrained by his oath from mentioning those reasons? He answered, “The application for mercy was unanimous. I think I am at liberty to give the reasons why I requested that mercy.” Nobody chose to ask him those reasons--the friends of Mr. Byng, one must suppose, lest it should interfere with the necessity of the Bill. His enemies did not desire to know themselves, or that anybody else should. Admiral Holbourn was then called, and to the two former questions of Lord Mansfield, and to the two of Lord Halifax, answered bluntly, “No.”