So the lieutenant--Baker Phillips by name--hauled down his colours, and in due course was tried by court-martial for the loss of his ship. The court "was unanimously of opinion that Captain Elton, deceased, did not give timely directions for getting his ship clear or in a proper posture of defence, nor did he afterwards behave like an officer or a seaman, which was the cause of the ship being left to Lieutenant Phillips in such distress and confusion. And that Lieutenant Baker Phillips, late second lieutenant of the said ship, by not endeavouring to the utmost of his power after Captain Elton's death to put the ship in order of fighting, not encouraging the inferior officers and men to fight courageously, and by yielding to the enemy, falls under part of the tenth Article.[11] They do sentence him to death, to be shot by a platoon of musqueteers on the forecastle; ... but ... having regard to the distress and confusion the ship was in when he came to the command, and being a young man and inexperienced, they beg leave to recommend him to mercy."
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.