His condition was so hopeless that no choice was left to him.
Captain Biddle ordered his men to stop firing, and, stepping to the taffrail, asked his enemy if they had struck.

The answer was two musket shots, one aimed at the man at the wheel and the other at Biddle.

The latter was hit on the chin and badly, though not dangerously, wounded, while the man at the wheel was not struck.

The men who fired the treacherous shots were seen by two American marines, who shot them dead.
No doubt the action of the Englishmen was unauthorized, and probably was due to a misunderstanding; but the Americans were so incensed that it was difficult to restrain them from continuing the firing.

The enemy hailed a second time and called out they had surrendered.
The strength of the _Hornet_ was 20 guns and 132 men; of the _Penguin_, 19 guns and 128 men.