That is to say, they felt bound, under the clause referred to in the Articles of War, to sentence him to death, but obviously hoped that the extreme penalty would not be inflicted under the circumstances--a very proper view to take. The recommendation, however, was ignored--it will be recollected that just at this period the British Navy was, for some reason, passing through a very unsatisfactory phase; courage and energy appeared often to be lacking--as in the instance of the treasure ships, in the previous year, when George Walker was compelled to witness the outrageous incapacity and supineness of the captains of the men-of-war. These men were acquitted--Lieutenant Baker Phillips was not. Perhaps it may be permitted to ask, would Captain Elton have been shot had he survived the action? His lieutenant was made an example of, and there is some story that a reprieve was refused on account of his Jacobite tendencies; no evidence appears to be forthcoming in support of this view. Another and very terrible tale in connection with the incident relates that Phillips's wife, after a reprieve had been refused, went in person to Queen Caroline and obtained one, with which she posted in feverish haste to Portsmouth; but the unhappy young officer, desiring to avoid the terrible pain of a final interview with her, had, in ignorance of her mission to the queen, requested that the hour of his execution might be hastened. When she arrived, he had already been shot. One can only hope that this story is not true; it is too terrible to dwell upon. Well, that is how the privateer _Apollon_ scored off us. Five-and-thirty years later, in 1780, within a mile or two of the same spot, a still more powerful vessel, similarly commissioned--to wit, the _Comte d'Artois_, of 64 guns--was overcome and captured by the _Bienfaisant_, 64 guns, captain Macbride, after a smart action of over an hour. The _Bienfaisant_ was countenanced, more than assisted, by the presence of the _Charon_, 44 guns, which took little or no part in the action. The French loss was 21 killed and 34 wounded, while the British lost 3 killed and 23 wounded.