On the afternoon of 29 March, a large sail was spotted windward (upwind) of Anglesea, with the vessel heading in the direction of the British warship.
Apollon laid down a withering fire onto Anglesea, with the first broadside killing both Captain Elton and the master of the ship, leaving the second lieutenant Baker Phillips in command.
The court recommend that Philips should be treated mercifully on account of his youth and inexperience, writing: ... 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 common men to fight courageously, and by yielding to the enemy, falls under part of the tenth article.
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 unexperienced, they beg leave to recommend him for mercy.
[2] An appeal against the sentence of death was refused, and Phillips was executed by firing squad on the forecastle of HMS Princess Royal at 11 am on 19 July 1745.