Without these written documents nothing of importance could be proved, unless the non-commissioned officers and men of the regiment should happen to get the better of their dread of the lash; and, even then, they could only speak from memory. All, therefore, depended upon those written documents, as to the principal charges. Therefore, as the court-martial was to assemble on the 24th of March, I went down to Portsmouth on the 20th, in order to know for certain what was become of the books; and I found, as indeed I suspected was the case, that they had _never been secured at all_; that they had been left in the hands of the accused from the 14th of January to the very hour of trial; and that, in short, my request as to this point, the positive condition as to this most important matter, had been totally disregarded. There remained, then, nothing to rest upon with _safety_ but our extracts, confirmed by the evidence of Bestland, the corporal, who had signed them along with me; and this I had solemnly engaged with him not to have recourse to, unless he was first out of the army; that is to say, out of the reach of the vindictive and bloody lash. He was a very little fellow, not more than about five feet high, and had been set down to be discharged when he went to England; but there was a suspicion of his connexion with me, and therefore they resolved to keep him. It would have been cruel, and even perfidious, to have brought him forward under such circumstances; and, as there was no chance of doing anything without him, I resolved not to appear at the court-martial, unless the discharge of _Bestland_ was first granted. Accordingly, on the 20th of March, I wrote from Fratton, a village near Portsmouth, to the Judge-Advocate, stating over again all the obstacles that had been thrown in my way, complaining particularly that the books and documents had been left in the possession of the accused, contrary to my urgent request and to the positive assurances of the Secretary at War, and concluding by demanding the discharge of a man, whom I should name, as the only condition upon which I would attend the court-martial. I requested him to send me an answer by the next day, at night, at my former lodging; and told him,[5] that unless such answer was received, he and those to whom my repeated applications had been made, might do what they pleased with their court-martial; for that I confidently trusted that a few days would place me beyond the scope of their power. No answer came, and as I had learned in the meanwhile that there was a design to prosecute me for _sedition_, that was an additional motive to be quick in my movements. As I was going down to Portsmouth I met several of the sergeants coming up, together with the music-master; and as they had none of them