CORNELL 
 
 UNIVERSITY 
 
 LIBRARY 
 
 THIS BOOK IS ONE OF A 
 COLLECTION MADE BY 
 
 BENNO LOEWY 
 1854-1919 
 
 AND BEQUEATHED TO 
 CORNELL UNIVERSITY 
 
UB855.G8''J27 """"'"'"' '""'""^ 
 
 A co'lectign of the charges, opinions, a 
 
 olin 
 
 3 1924 030 743 797 
 
The original of tliis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924030743797 
 
A 
 
 COLLECTION 
 
 OF THE 
 
 CHARGES, OPINIONS, AND SENTENCES 
 
 OF 
 
 GENERAL COURTS MARTIAL, 
 
 AS PUBLISHED BY AUTHORITY; 
 FROM THE YEAR 1795 TO THE PRESENT TIME; 
 
 INTENDED TO SERVE AS 
 
 AN APPENDIX TO TYTLER'S TREATISE ON MILITARY LAW, 
 
 AND FORMING A BOOK OP CASES AND REFEKENCES'; 
 
 WITH A COPIOUS INDEX. 
 
 TO WinCir ARE ADDED INTRODUCTOKY OBSERVATIONS RESPECTING THE TOWER 
 
 OP THE CROWN OVER ALl OFFICERS BELONGING TO THE BRITISH ARMY, 
 
 AND PERSONS OFnCIALLY CONNECTED WITH THE RECEIPT AND 
 
 DISTRIBDTION OF MILITARY PAY AND ALLOWANCES. 
 
 By CHARLES ^MES, 
 
 Late Major of the Royal Artillery Drivers, Author of the Military Dictionary, 
 
 Regimental Companion, Poems dedicated, by permission, to his present 
 
 Majesty, when Prince of Wales, &c. and Editor of the Third 
 
 Edition of Tytler's Treatise on Military Law. 
 
 LONDON ■ 
 
 PRINTED FOR T. EGERTON, BOOKSELLER TO THE ORDNANCE, 
 MILITARY LIBRARY, WHITEHALL. 
 
 1820. 
 
C. Roworth, Printer, 
 Bell-yard, Tcniple-bar, London. 
 
TO 
 
 FIELD MARSHAL HIS ROYAL HIGHNESS 
 
 THE DUKE OF YORK, K.G. G.C.B. 
 
 COMMANDER IN CHIEF OF ALL HIS MAJESTY'S FOKCES, 
 
 <5rc. 4rc. Sfc. 
 
 SIR, 
 
 The third edition of Ty tier's Essay on Military Law 
 has been dedicated, by permission, to His present Majesty, when 
 Regent, and acting on the behalf of our late Sovereign, because 
 the King of Great Britain is the source, and ultimate resortj of 
 military judicature; and it is no idle compliment to add, that 
 the Regent, following the example of your late Father and Sove- 
 reign, has invariably proved, in conjunction with yourself, the 
 Army's best support. You have given impulse and energy to the 
 physical strength of the United Kingdom ; brought heroes into 
 light that might have remained in obscurity, and secured that repu- 
 tation to the Military Force of the Kingdom, which our invete- 
 rate rival had endeavoured to destroy ; but which, like that of our 
 Navy, has risen to the highest pitch of glory. These are trutlis 
 that require no other illustration than an honest reference to factSi 
 
 To pretend to say that any country can do without a well-re- 
 gulated Force, either for the preservation of its own internal tran- 
 quillity, or for its defence against external aggression, would be a 
 violation of truth, and a direct contradiction of the experience of 
 ages ; and, however jealous the friends of civil liberty may be, in 
 regard to military interference, the wildest Republican must 
 admit that, considering the imperfect condition of all human in- 
 stitutions, the soldier is sometimes as necessary as the magistrate 
 for the maintenance of good order in society. 
 
 The French Revolution, and indeed the Revolutions of all 
 countries, have shewn that no government can be overturned, and 
 none cam be supported, without military aid. Under this im- 
 
 A 2 " 
 
IV DEDICATION. 
 
 pression, the proper organization of armies is a matter of senous 
 importance to the welfare and security of a state ; and, with this 
 view, the direction of the British forces has been entrusted, and 
 is still continued, to your Royal Highness. 
 
 The late Earl of, Rosslyij has well observed, that there is nothing 
 so dangerous to the citiil establishment of a state, as a licentious 
 and undisciplined army ; and your Royal Highness does not re- 
 quire to be told — for ancient and modem history proves the 
 fact — that soldiers who are identified with the nation, by entering 
 into the bands of matrimony, and adding to its population, 
 require the nicest manageinent to keep them within the bounds 
 of due subordination, without which their engagement becomes 
 abortive^ and their existence^ as an armed body, must be dange- 
 rous to the community. They are by no means the passive 
 instruments, of power; and although liable to be brought beforea 
 military tribunal, the principles by which that tribunal is govern- 
 ed are so connectediwith the common law of the land, that the 
 Prerogative is judiciously enforced without a violation of the Con- 
 stitution. That- His present Majesty- and; your Royal Highness 
 have- always acted with scrupulous deference to the liberty of the 
 subject) is universally acknowledged, and is shewn in the minutes 
 of every Court' Martial where the sovereign authority of the 
 Crown has been required to keep the finding, sentence and 
 opinion, of its members strictly conformable to justice. 
 
 The King, to whom the Army has been constitutionally en» 
 trusted, is the source whence emanate the powers that are placed 
 under your guidance; and you are the executive medium through 
 ■which all his rules and regulations must pass. ^ 
 
 To you, thereforcj the following Collection is, with strict pro- 
 priety, addressed ; and I confidently hope, that, as your Royal 
 Highness has condescended to countenance the promulgation) 
 you will not be displeased with the manner in which it is now 
 uttered to the army at large. 
 
 Nearly twenty years have elapsed, since I had the honour of 
 inscribing the Military Dictionary to your Royal Highness ; and 
 as many have passed away since His present Majesty, then Prince 
 of Wales, was graciously pleased to receive the Regimental Com- 
 panion, and to think favourably of its object and contents. 
 
DEDICATION. V 
 
 How far these humble labours, and this drudgery of research, 
 may have been useful to the army, I will not pretend to deter- 
 mine. Tlieir extensive circulation is, at least, a proof that they 
 were wanted ; and the official publication of the general Rules 
 and Regulations — which have been issued since the first appear- 
 ance of those works — shews the utility of such compilations.' 
 
 I have the honour to be. 
 Sir, 
 Your Royal Highness's 
 
 Obliged and devoted humble Servant, 
 
 CHARLES JAMES. 
 
INTRODUCTION. 
 
 Tros Tyrlusve mihi nullo discrimine agetur. — Virgil. 
 
 In oiFering the following Collection of Official Papers which 
 have been issued by Authority, for the information and govern- 
 ment of the British Army, the Editor thinks it fair to state, most 
 distinctly, that, as he has not been influenced by any personal 
 feeling for, or against, the several individuals whose names 
 are mentioned, he does not consider himself responsible 
 to any man for their promulgation. They have already been 
 read at the head of every Corps, remain entered in the Ge- 
 neral Order Book, and are regularly transmitted to the several 
 Army Agents, without limitation, or reserve. He can honestly 
 say, ' that he has nothing extenuated, nor set down aught 
 in malice ;' and as the notes are the only parts of the work 
 in which he can have erred, he will feel obliged by any com- 
 munication on that head ; especially with regard to those indi- 
 viduals who may have been permitted to return to the service. It 
 is not irrelevant to remark, that such persons must generally have 
 come in as fresh men. His object has been to fulfil the inten- 
 tion of the late learned Author of the 'Essay on Military Law,' 
 by giving the Practice of the Courts, without presuming to travel 
 out of their immediate records in mixing up any opinion of his 
 own with their subject-matter, or even quoting from other writers 
 such observations and conclusions as they might imagine to be 
 expedient and beneficial. It would indeed have been highly in- 
 decorous and disrespectful — considering the avowed tenor and 
 character of this collection — had he meddled with the comments 
 and final awards of the Prerogative. The propriety of giving the 
 authentic decision of each Court Martial without any partial 
 comment, or interpolation, is supported by the notoriety of many 
 individuals having taken upon themselves to publish their own 
 cases with remarks, and also of the same having found their 
 way to the community at large through the public journals. It 
 will, perhaps, be said, that the promulgation of these records 
 may be productive of unpleasant sensations ? The same obser- 
 
vni INTEODirCTION. 
 
 vation would holdgoc^d in regard to the State Trials, and indeed 
 with respect to our Law Reports.* But this consideration can have 
 little weight when the good of the service and the justice due to 
 every individual (whose case is liable to misinterpretation) are 
 placed in the opposite scale. Much information may be derived 
 from the animadversions which come from the Court itself, 
 and are confirmed, or corrected, by the King. The impor- 
 tance of these comments and awards must be felt by the 
 meanest capacity, especially in those cases where the King's 
 view of the charges is at variance, not only with the Sentence of 
 a Court Martial, but also with its ratification under powers which 
 have been delegated to others. Thus, in the case of two privates. 
 Wells and Molloy, who were tried by a General Court Martial, at 
 Assumer, in May, 1812, and found Guilty of mutinous conduct. 
 Wells was sentenced to serve for life in a corps abroad : — The 
 Sentence was referred to His Royal Highness the Commander 
 in Chief, who afterwards signified to Marquess, now Duke of 
 Wellington, the Prince Regent's pleasure thereon, viz. 
 
 " That His Royal Highness considered the Sentence on Wells 
 illegal, being alone applicable to the crime of desertion ; and 
 under these circumstances, there appeared no other alternative, 
 but that the prisoner should be ordered to join his corps." 
 
 We have another instance, in the case of Captain J. Gibbs, of 
 the l6th Regiment Native Infantry. He was arraigned in the 
 year 1814, at Futtyghar, and found Guilty of having endeavoured, 
 at Hewarrie, to prevail on the wife of Major E. P. Wilson, to 
 quit his protection. 
 
 The Earl of Moira, now Marquess of Hastings, Governor Ge- 
 neral and Commander in Chief in India, in remarking on the cir- 
 cumstances of the Sentence, observed, in his general order to the 
 Indian Army, that — 
 
 " The Court, in declaring the immoral act proved against C«p- 
 
 ♦ Not only tlie daily papers, but also the Monthly Army Usfs are open to thiese 
 records ; so that nothing can be more public than the decisions of our Military Courts; 
 and so they ought to be upon every principle of justice. How often has the editor 
 seen the finger of malice pointed at a respectable Officer who may have had ihe misfot- 
 tune to fall under the cognizance of a Military Tribunal, and although lie was honourably 
 acquitted, or only slightly reprimanded for a venial offence, heard his characteHuf 
 diously aUiicked by a loose, but significant, exclarjiatiou-That he has 6ecn (rierf'faf 
 o General Court Martyil. ' ' '• 
 
INTKODUCTION. K 
 
 tain Gibhs did not cqme within the description of scandalous, 
 infamous and unbecoming the character of an Officer and a Gen- 
 tleman, divested itself of all power (in the opinion of the Com- 
 mander in Chief) to award punishment, because the act cannot 
 stand within military cognizance ; but, inasmucli.as it may be con- 
 sidered to come under the above specific definition, the Com- 
 mander in Chief must, therefore, regard the Court as having 
 returned a verdict of acquittal genetiajly ; in tjbis view of the case 
 his Lordship directs, that Ctiptain Gibbs shall return to his duty."* 
 Various other cases might be add.uced, to shew that the King de- 
 liberately weighs the offe^ices of , the i lowest individuals of his 
 ■Afmy, and frequently interposes his authority by overruling the 
 decisions of Military Courts. For other instances in which the 
 , Crown has thought proper to animadvert upon the Anding and 
 sentence of the Court, see pages 212, 629, QOO, 661, 707, of 
 this Collection. 
 
 The Articles of War prescribe certain rules and regulations 
 which are susceptible of so many shades in the measure of in- 
 fraction, that nothing short of practical illustration can render 
 them clear to the most acute observer. The army is at present 
 governed by the Mutiny Act, which the jealousy of our Consti- 
 tution has made an annual act of parliament. In former times, 
 when the ancient Kings called out the feudal armies, they de- 
 clared inartial law, which, by most arbitrary proceedirigfi, they 
 frequently extended to the trials of persons not at all connected 
 with the military service ; and who, in fact, ought to have been 
 tried in the common Courts by judges and juries. Our ancient 
 historians are full of complaints on this subject. The line is 
 now strictly drawn, at least in time of peace, although in case of 
 invasion, or rebellion, the King may declare Martial Law, and 
 suspend all proceedings in the civil ai)d military courts. Custom 
 sanctifies, and time confirms, our rules of conduct in civil life, 
 and the same usage runs into authority upon the strength of pre- 
 cedent throughout our Military Code. Precedent, as Junius has 
 well observed, soon becomes law ; and every Officer who has 
 had occasion to visit the Horse Guards, must be convinced, that 
 of all difficult points, that of establishing a precedent is the most 
 
 • These Ci*ses niav be found in Samuel's Military Law, pages 2S5,'2S6 — 651, 652, 
 
INTRODUCTION. 
 
 precarious, even for the relief of acknowledged hardship, or the 
 reward of undisputed merit. A work, therefore, cannot surely be 
 deemed useless, whose very substance is composed of matter of 
 fact, and whose living practice puts an end to untried theory. 
 
 In the present Collection will be found cases of so diversified a 
 nature, that a reference to them will always prove desirable, be- 
 cause their conclusions must be decisive. Individuals who enter 
 the Army may look to them as beacons ; and the members of 
 Courts Martial will never be at a loss to ascertain the several de- 
 grees of guilt by comparing the charges and ofiFences which are 
 brought before them with cases of a similar nature. The essence 
 of military judicature is here, in fact, embodied, and made tangible 
 by illustration. The rule is not merely set forth under specific 
 articles, sections, and sweeping clauses, but its application is 
 shewn by personal identification. Even the fate of a prosecutor, 
 or witness, who may have travelled out of the province of fair 
 accusation, or candid testimony, into frivolous and vexatious mat- 
 ter, or been actuated by vindictive motives, is brought before the 
 discriminating and just eye of the Sovereign, and dealt with ac- 
 cordingly. After each charge has been thoroughly investigated, 
 before a body of honourable men, and the nature and complexion 
 of the offence sifted to the bottom, the matured and well- 
 digested result is submitted to the consideration and final approval, 
 or disapproval, of the King, as the acknowledged Head of the 
 Army, the source of its rules and regulations, and its ultimate 
 resort.* In the early and feudal times of our history there was 
 
 • The wisdom and propriety of this arrangement, with the happy effects that have 
 arisen from the Immanity and discrimination which have invariably attended the 
 exercise of so important a trust, in the decisions of his late Majesty, cannot be better 
 illustrated than in the following communication from a truly respectable nobleman who 
 commenced his public career in the Navy, whence he entered the Army ; which 
 he left for the profession of the law. 
 
 Dear Sir, 
 
 I am favoured with your letter— The cases of Colonel Stratford and of 
 one of the mutineers who was tried with others at Portsmouth, many years ago, involve 
 a principle highly important to the security of nulitary men, viz. that Courts Martial 
 should respect the rules of evidence as they are regarded liy the Courts of Law. 
 
 I do not remember the circumstances of Colonel Stratford's case further (which is 
 all that is necessary) than, that evidence had either been received by the Court Martial 
 
INTRODUCTION. XI 
 
 no standing army as is now constituted ; it can hardly be said to 
 have existed much before the Revolution ; though even a few regi- 
 ments appear to have been in the pay of Charles the Second. Al- 
 though the preamble of the Mutiny Act states, that an army in time 
 of peace, without the consent of Parliament, is against law, yet it 
 never has been, nor ever can be, doubted, that the absolute power, 
 controul and authority over that army, so established, is entirely 
 in the hands of the Crown. This high prerogative is interwoven 
 
 which a Court of Law would have rejected, or that the Court Martial had rejected 
 evidence which a Court of Law would have received. 
 
 The facts were laid before me soon after the trial ; I wrote an opinion that the 
 sentence ought not to be carried into execution ; and I believe that by His late Majesty 
 it was afterwards annulled. 
 
 The case of one of the mutineers at Portsmouth I remember more distinctly — He 
 was tried with others, and as it was likely that against one of them who knew the 
 innacmce of the person m question, no evidence could be given, I advised the Attorney 
 who was employed by him, if that turned out to be so, to apply to the Court, on the 
 authority of my "opinion, to direct such person to be acquitted, and then to permit 
 him to establish, by his evidence, the innocence of the man in question. This appli- 
 cation being accordingly made, the Court declared itself to be satisfied, that the course 
 proposed was agreeable to the practice of the Courts of Criminal Law but not of Courts 
 Martial, they therefore refused to adopt it, and having no other defence he was sen- 
 tenced to be executed. 
 
 Being then on a visit in the Isle of Wight, and the attorney from Spithead having 
 communicated to me this decision, I dispatched him immediately to Weymouth with 
 a representation to the late King, in which I humbly suggested to His Majesty, that 
 the Court Martial ought to have conformed to the rule established in the common Law 
 Courts, and implored the King, in the name of the unhappy man who had been unfor- 
 tunately convicted, to respite the execution and to submit his case to the Twelve 
 Judges for their decision on it — His Majesty, with his usual humanity and enlightened 
 attention to the demands of justice, instantly sent back the attorney with the respite 
 prayed ; and the Judges having decided unanimously that the conviction was 
 unwarranted, the man was set at liberty. 
 
 There can be no doubt, that neither in this case nor in any other of a similar descrip- 
 tion, could there have been an appeal to any of the Courts of Justice — It belongs to 
 the Xing alone to abrogate, or confirm, the sentences of Courts Martial ; but the 
 judgment of His late Majesty, so remarkable during his long reign for his fsuthful and 
 enlightened administration of justice, ought to be received as a precedent hereafter ; 
 and I feel great pleasure, therefore, in making this communication ; being deeply 
 interested in every thing which concerns the noble professions of my earliest youth. 
 
 I have the honour to be. 
 Dear Sir, 
 Your faithful humble Servant, 
 
 No. i. Upper Berkley Street, May 9, 1820. ERSKINE. 
 
 Major James. 
 
SU INTRODUCTION. 
 
 with the sbiape and frame of our Constitufaon, and is coeval with 
 the Monarchy itself. So extensive indeed is its inftuience, that, 
 although retired and Half-pay Officers are said not to be amenable 
 to a Court Martial, they can nevertheless be summarHy dismissed, 
 or, technically speaking, be struck oflf the list for conduct unbe- 
 comitig the character of an Officer and a Gentleman. So that, 
 in fact, they have not even the benefit of atrial ; save and except 
 that wJiich must ibe alitached to the judgmait and representation of 
 the Commander in Chief and Secretary at War. A trial by Court 
 Martial, for reasons which are obvious^ instead of being an injury 
 would Jbe a protection to a Half-p^y Officer. Various opinions, 
 however, baye (been entertained upon this subject, especially 
 when the pay of an Officer has been suspended. Without going 
 into the old question, of Half-pay being a retainingr-fee for 
 f«ture, or an 4b3olate compensation for -past, services, it may 
 ^ertainily be asked, whether that article of the Mutiny Act which 
 says, that " all persons are liable, who are in pay as Officers, 
 non-commissLoned Officers, or Soldiers in the Ijanid Forces, or 
 ■Marines," (see Imlex to the last Mw tiny Act, page "€176), does not 
 include retired and Half-pay Officers ?* If it should not, where is 
 the exception; or indeed, in what part of the Mutiny Act is any 
 notice taki^ of tbatestablishni^t? They receive pay, and bear 
 rank, and are consequently amenable for every offence which 
 militates against the purity of their situations ; and, under 
 this interpretation of the Act, all General Officers may be 
 summoned to appear before a General Court Martial to answer 
 for their conduct, or may be peremptorily stripped of their rank 
 and allowances, and dismissed the service by the special command 
 of the King, who alone has the entire power and controul over 
 the sword. If there be an exception to this sweeping construc- 
 tion of the act, it can only be foimd among those persons, who, 
 in lieu of receiving Half-pay, or retired allowances, have 
 been rewarded by a pension. Perhaps the safer way would 
 be to render all men, coming within the pale of military inter- 
 course, and receiving military monies, triable for every offence 
 
 * Common seuse, iudeed, dictates that if individuals can derive all the benefits and 
 advantages of their standing in the Army, they ought also to he liable to its penalties ; 
 and it should also be remembered, that even Officers on full-pay cannot claim a Court 
 Martial as a matter of right ; the King having the power to refuse one. 
 
IjilTHODUCTtON. ''"I 
 
 that can. militate agdinst the gennine principles of honour and 
 honesty. This, indeed, seems, in some degree, to be the meaning 
 and intent of- the Mutiny Act. We have had an instance in which 
 the King has peremptorily exercised his power by dismissmg three 
 Officers who had gone upon Half-pay, for improper conduct to- 
 wards their late Commanding Officer, see General Order, page 
 824. And although Army Agents, - in general, can only be punish- 
 ed under a single clause of the Mutiny Act, (sect, cxxxiii) yet 
 there exists an exception to this rule, in the Agents to the 
 Invalids, who are commissioned from the King, and conse- 
 quently amenable to a Court Martial, as are also the Pay- 
 masters of the Royal Artillery and Marines. Every thing 
 belonging to an army- is of so delicate a texture, that the slightest 
 deviation from it* honourable character may be the cause of 
 serious mischief. Upon this principle, camp-followers of every 
 sort and denomination are subjected to military- law ; and, from^ 
 this view of the principle, the Editor has never withdrawn the 
 observations which he has presumed to make in the Military 
 Dictionary, and the Regimental Companion. Human nature is 
 so constituted that the very circumstance of being within military 
 cognizance,* will oftfen prove a safe-guard against its infirmities'; 
 while the belief, and indeed the knowledge, of not being so' 
 placed j may occasion acts of turpitude that would otherwise be- 
 avoided'. 
 
 It will be observed, that a new mode of punishing' Officers- 
 wa» adopted by Hi& Grace the Duke of Wellington, during his 
 Campaigns in the Peninsulaj Scc. which mode still prevails in the 
 Army. In lieu of cashiering^ dismissing, or suspending an Offi- 
 cer from rank and pay, his services are continued in the regi- 
 ment, but his- army rank is abridged in a givdn number of years. 
 Thi9 ha» been recently done;t 
 
 • It mustalWajs- be recoUectedj that until the resignation- of an OiEcer has been 
 aece|>ted by the King, and officially communicated to the individual, he is to all intents 
 and purposes, subject to the Mutiny Act. The celebrated General Lee, who was 
 taken prisoner by the British during the American War, is reported to have saved his 
 life by the production ofsuch an official document. A mere resignation does not cancel 
 the original' contract ; and if an individual should absent himself before the resigna- 
 tion ha<t b(Ben,duly accepted and notified, he may be taken up and tried for desertion. 
 
 f See page 843. 
 
INTRODUCTION. 
 
 A very erroneous notion having prevailed in the Army, that all 
 Officers sitting at a mess, or, familiarly speaking, having their 
 legs under the table, or being in coloured clothes, lose, pro tem- 
 pore, their general gradations of rank, and are released from pro- 
 fessional responsibility and obedience; a reference is recom- 
 mended to page 293, where it wHl be found completely refuted ; 
 as also in pages 786-7- 
 
 When a gentleman first embraces the military profession — and . 
 none but gentlemen bom and bred, or rendered so by education 
 and good habits, ought to be admitted into a society, which of all 
 others, is governed by the nicest principles of honour — he is too 
 apt to conceive, that its character is confined to the external trap- 
 pings of appearance, to a mere knowledge of parade duties, or 
 to the various evolutions of the field ; forgetting that the essen- 
 tial qualities of a good Officer are only to be found in the re- 
 sources of the mind, and the exercise of them in the manly de- 
 votion of a robust constitution. Every man who enters the Army 
 with these fallacious notions may literally be said to walk all 
 the days of his life on burning embers : especially, if the temper 
 of his mind should be such as to render himself and his comrades 
 obnoxious to one another. Thus, in giving, or taking, personal of- 
 fence, so many delicate circumstances occur to render a despe- 
 rate appeal unavoidable, that even the most virtuous man and 
 the most strict disciplinarian cannot always escape its visitation ; 
 and it is a melancholy truth to add, that an individual may be so 
 situated as to be obliged to choose between the consciousness of 
 being justified in refusing a challenge, and the arbitrary dictates 
 of professional etiquette. In plain language, he must either fight, 
 or quit the army. Instances of this sort will occur in the en^, 
 suing pages ; and in one, or two cases, such as those of General 
 Gv^ynne (page 39) and Sir Eyre Coote, (page 46), exceptions 
 will be found to the general rule. According to the Articles of 
 War indeed, all Officers and soldiers are acquitted and discharged 
 of any disgrace, or opinion of disadvantage, which might arise 
 from their having refused to accept of challenges. 
 
 Every information has been given respecting the fate and 
 destination of the Officers of the line ; especially with regard to 
 those individuals who may have been reinstated, placed upon 
 
INTHODUCTION. XV 
 
 Half-pay, or departed this life. It will be observed, that these 
 particulars are generally published in the Official Army Lists, 
 and may, consequently, be traced; and the body of evidence can 
 be seen at the Judge Advocate General's office. The same 
 explanation respecting those belonging to the Militia has not 
 been furnished, because the records are not so complete on that 
 head. 
 
 No notice has been taken, in this Collection, of the Courts Mar- 
 tial held for the trial of non-commissioned Officers and Privates, 
 for obvious reasons ; among others, because the Editor is well 
 convinced, that where regularity and good order prevail among 
 Officers, especially among the Captains of troops and companies 
 — who are the main springs of discipline — the private soldier is 
 seldom guilty of insubordination and misbehaviour. There are, 
 however, exceptions to this general rule, during actual service. 
 And here it may not be improper to remark, that the insertion of 
 many Courts Martial which took place before the year 1795,* has 
 been dispensed with, because until that period the publication 
 of Official Circulars had not been thought expedient, or necessary. 
 That policy and common justice prescribed a different course is- 
 manifest ; and it remained for His Royal Highness the Duke of 
 York, not only to new-model the outward appearance and disci- 
 pline of the Army, but also to correct some of the glaring abuses 
 of its interior economy; and it must be allowed that, until the 
 commencement of the Revolutionary War with France, no two 
 British Regiments were alike, or capable of that simultaneous im- 
 pulse, by which alone large bodies of armed men can be rendered 
 efficient and successful. The real organization of the British 
 Army took place when the Prussian tactics were introduced ; 
 and from that period a new code of Military Rules and Re- 
 gulations has been adopted, and many improvements, derived 
 from experience, progressively introduced, in order to render 
 the Army truly respectable, and the guardians of it worthy 
 of trust, competent to the exercise of their several functions, 
 
 * The most important, however, may be found hi the Annual Register, Bemem- 
 biancer and other publications ; particularly tlie case of Lord George Sackville, after- 
 wards Lord George Gcrmaine, 
 
Xvi iNtRODUCTlON. 
 
 and stricfly obse^rv&iit of every prescribed' Rule and Regulation.* 
 Under such officers the armed portion of the population of the 
 country will prove a blessing; and the sacrifice of its expendi- 
 ture be amply repaid by the salutary protection afforded to the 
 commanity at large. This important object is not endeavoured 
 to- be attained by secret instructions, half communications, or 
 partial remarks, but by the unreserved exposition of efery 
 question that is connected with our military^ establishment^. 
 
 It is provided in the Mutiny Act, that all Original Proceedings 
 and Sentences of General Courts Martial shall be transmitted to 
 the Jiidge Advocate General's Office in Londbn,t and preserved 
 therein, that the body of evidence miy be resorted to by paying" 
 the necessary fees : and copies' may be, upon applicatiori, db- 
 tainedi Copies are also kept of the Chai^eiS, Opinions and Sen- 
 tences^ at the Adjutant General's office, in the Hb'rse Guards. 
 This collection does away the difficulties of access to those Re- 
 positories, and obviates, at once, the necessity for Uittch corre- 
 spondenee. 
 
 Every thing' which concerns the Army should be open and 
 unequivocal: The Soldier steps into his Profession aperta 
 front4fiSm6- runs his career with the same ingenuousness of cha- 
 rscteri-^The Editor is borne out in this opinion by the unifotm 
 and manly procedure of His Rbyal Highness the Commander in 
 Chief ;jj: iind-he feelS' gratified' in being" enabled to ^ate, that some 
 of our niost distinguished characters, civil aild'military, agree with' 
 him as to the propriety, and indeed the necessity, of promulgatitig' 
 the'decisions of our Military Tribunals. 
 
 • It "will be seen, in page 8^1, that circumstances may occur, evenupoUa paAdle,. 
 to justify a junioi OiScer in taking upon himself the slroug responsibility of ^adug 
 his Commander in arrest. 
 
 ■\ The office in Dublin haying lately merged in that of London, its principal officer 
 is now styled. Judge AUvoeate General bf the'United'Kngdoiii. 
 
 t See page 833. 
 
A COLLECTION, 
 
 &c. &c. &c. 
 
 COLONEL J. F. CAWTHORNE.— 1795. 
 
 ARTICLES OF CHARGE 
 
 Exhibited by Lieutenant Colonel Andrew Dennis O'Kelly, 
 of the Westminster ^Regiment of Middlesex Militia, 
 against Colonel John Fenton Cawthorne, of the same 
 regiment ; and investigated by a General Court Mar- 
 tial held at the Horse-Guards, on Friday, the 27th 
 Day of November, 1795; and continued by Adjourn- 
 ments on many subsequent Days. 
 
 ' Charge 1. That the said Colonel Cawthorne received 
 from the Receiver General of the land-tax for the county 
 of Middlesex, in the year 1793, when the said regiment 
 was ordered into actual service, the Guineas, by an Act of 
 Parliament, passed in the '26th year of His present Majes- 
 ty, entitled " An Act for amending and reducing into one 
 Act of Parliament, the Laws relating to the Militia in that 
 part of Great Britain called England," directed to be paid 
 by the said Receiver General to the Captains or other Com- 
 manding Officers of every Company of Militia so ordered 
 out, for the use of every private militia-man belongiiig to 
 his company, and for the use of every recruit, whilst in 
 actual service, as aforesaid, (commonly called the March- 
 
 B 
 
2 J. F. Cawthome. 
 
 ing Guineas) and did with-hold the said several guineas 
 so by him received, or some part thereof, from the re- 
 spective Captains or other OflScers comnD(anding companies 
 in the said regiment ; whereby the said Captains or other 
 Officers commandmg companies, were prevented from lay- 
 inw out such money for the advantage of the respective 
 militia-men, according to the directions of the said act; 
 and which receipt of the said money for Marching Gui- 
 neas by Colonel Cawthorne, and the with-holding the same 
 from the Captains of the regiment, are in direct violation 
 of the 101st section of the said Militia Act, and a misap- 
 plication of monies with which Colonel Cawthome was in- 
 trusted for the payment of the soldiers under his command, 
 against the 4th article of the 1 3th section of the Articles 
 of War, and also against the 2d article of the 23d sec- 
 tion of the said Articles of War, or some or one of them. 
 
 Chabge 2. That several of the militia-men having 
 complained that the said Colonel Cawthome had with- 
 holden the said Guineas, Lientenant-General Lascelles, 
 (then Major-General Lascelles) did, at the Camp at Brigh- 
 ton, in the month of October, 1793, by order of His 
 Grace the Duke of Richmond, investigate the grounds of 
 such complaints ; and upon such investigation, the said^ 
 Colonel was ordered by the Duke of Richmond, and by the 
 Secretary at War, or by one of them, to redress the same ; 
 and the said Colonel having refused, or neglected to obey 
 such order, several of the militia-men of the said regiment 
 did, at Lydd Camp, in the month of September, 1794, agaia 
 complain thereof to General Sir William Howe, and Lieu- 
 nant-General Lascelles, that the said Colonel Cawthome 
 did, on or about the 4th day of November, 1794, on re- 
 ceiving directions for that purpose, from the said Generals, 
 or one of them, order the Captains, or other Command- 
 
J. F. Cawthorne, 3 
 
 ing Officers of companies in the said regiment, to give 
 credit in their accounts, to the militia-men for the said 
 Guineas, called Marching Guineas. Nevertheless, the said 
 Colonel Cawthorne, having fraudulently obtained from se- 
 veral persons who had agreed to serve as substitutes, and 
 from other militia-men, receipts or agreements in respect 
 of such Marching Guineas, did afterwards, viz. on or about 
 the i20th day of November, 1794, issue orders to the said 
 Captains, or other Commanding Officers of companies, 
 not to account for the said Guineas to such of the militia- 
 men, or substitutes, serving as militia-men, as by any re- 
 ceipt or agreement appeared to have received the same : 
 whereby the said Colonel Cawthorne did, in a scandalous 
 infamous manner, unbecoming the character of an Officer, 
 and a Gentleman, attempt to avail himself of such receipts 
 or agreements so fraudulently obtained. 
 
 Chaege 3. That the said Colonel Cawthorne did, 
 since the said regiment was embodied, in a scandalous 
 infamous manner, unbecoming the character of an Officer, 
 and a Gentleman, accept sums of money for pardoning and 
 discharging several militia-men ; viz. Samuel Cook, James 
 Spence, — Morris, — Hunt, George Richards, and Jo- 
 seph Dyke, or some or one of them, who had deserted from 
 the said regiment ; and converted the same to his own use. 
 
 Chaege 4. That the said Colonel Cawthorne did, on 
 the 13th day of March, 1795, and at divers other times, 
 since the said regiment has been embodied, and when the 
 said regiment was absent from the said county of Mid-, 
 dlesex, in -consideration of money corruptly received by 
 him, in a scandalous, infamous manner, unbecoming the 
 character of an Officer and a Gentleman, discharge several 
 of the militia-men of the said regiment, viz. William East- 
 ley, Thomas Cleaver, Thomas Oliver, Isaiah Allen, Ben- 
 
 B 2 
 
4 J. F. Cawthome. 
 
 jamin Beech, Corporal John Cathie, Elisha Ford, Wil- 
 liam Hornman, Alexander Hamilton, Anthony Jackson, 
 George King, Walter Lewis, George Neal, Richard Par- 
 slow, Andrew Stewart, Corporal Lander, Corporal Gard- 
 ner, John Hunt, William Rickwaiter, Humphrey Minor, 
 and John East, or some or one of them, who had been 
 sworn and inrolled, although such militia-men were not 
 become unfit for service, nor had produced certificates 
 from any Surgeon, or medical person to that effect; and 
 although the said regiment was greatly short of its comple- 
 ment, to the prejudice of His Majesty's ^service. 
 
 Charge 5. That the said Colonel Cawthorne having 
 at divers times received large sums of money from men 
 chosen by ballot to serve as militia-men in the said regi- 
 ment, on his undertaking to procure substitutes for them, 
 did by himself, or agent or agents, reject men who offered 
 to serve as subsfitutes, and who were able and fit for ser- 
 vice, because they would not engage for less money than 
 the said Colonel, or his agent, had received for such pro- 
 curement ; and did agree for persons to serve as substitutes ; 
 viz. Henry Bayley, Charles John Ball, John Blake, Henry 
 Hewitt,- Benjamin Briley, John Cambell, George Cam- 
 bell, William Harrison, Thomas Smallman, Joseph Fill- 
 cill, JohnTobin, John White, Aaron Abbot, George Brad- 
 by, Jacob Emery, John Copeland, William Caton, Robert 
 Paul, — Sandell, — Kendall, — Fox, Walter Lewis, and 
 — Cameron, or some or one of them, because such per- 
 sons engaged to serve for less money than the said Colonel, 
 or his agent, had received for that purpose ; whereby the 
 said Colonel did obtain large sums of money for his own 
 use, in a scandalous infamous manner, unbecoming the 
 character of an Officer and a Gentleman. 
 
 Charge 6. That the said Colonel did pardon militia- 
 
J. F. Cawthorne. 5 
 
 men, who had deserted from the said regiment, viz. Dennis 
 Leeson, James Winter, Henry Molds, John Callard, Ed- 
 ward Knight, George Rogers, John Strap, John Jones, 
 John Wilson, John Hurley, Ambrose Stephens, William 
 Tuse, William Davis, James Pevey, Edward Malcolm, 
 John Lyon, and Thomas Couolly, or some or one of them ; 
 and placed such deserters in the said regiment as substi- 
 tutes for men chosen by ballot, to serve as militia-men, 
 from whom he had received several sums of money, to pro- 
 vide proper substitutes ; whereby the said Colonel Caw- 
 thorne did encourage desertion in the said regiment, to the 
 great prejudice of His Majesty's service ;, and did in a scan- 
 dalous infamous manner, unbecoming the character of an 
 Officer and a Gentleman, embezzle or retain considerable 
 sums of money which he had received for providing such 
 substitutes. 
 
 Charge 7. That the said Colonel Cawthorne did, as 
 Commanding Officer of the said regiment, or under colour 
 of such authority, since the said regiment has been embo- 
 died, in a scandalous infamous manner, unbecoming the 
 character of an Officer and a Gentleman, receive divers 
 large sums of money, exceeding respectively the penalty 
 inflicted by the 26th section of the said General Militia Act, 
 from several persons chosen by ballot to serve as militia- 
 men in the said regiment, viz. Francis Dolman, William 
 Lynn, George Stone, Andrew Burrage, John Vernon, ju- 
 nior, Richard Bolton, William Wightman, Edward Walker, 
 John Goodman, Thomas Bradbury, John Oakley Clerk, 
 James Jacobs, Charles Grey, William Burrel, Adam Smith, 
 John Treadway, and William Baker, or some or one of 
 them, upon his undertaking to procure substitutes for such 
 principals ; but did embezzle or mis-apply the money so 
 received, and did not procure any substitutes for such prin- 
 
'6 J. F. cLwthorne. 
 
 cipals, nor enter the names of the persons so chosen in the 
 Regimental Book provided and kept for that purpose. 
 
 Charge 8. That the said Colonel Cawthorne did, m 
 the Year 1794, oppressively and unjustly deduct out of the 
 Bounty Money he had agreed to give to several substitutes, 
 viz. Robert Blunderfield, William Eastley, William Ander- 
 son, Tichard Terry, John Cox, John Deane, John Hum- 
 phries, John Jones, junior, Anthony Pindar, John Stephens, 
 Mark Spranges, — Turwyn, Amos Walter, Edward Blake, 
 John Cowan, Stephen Farmer, William Sumners, John 
 Holt, Edward Ryland, William Harris, Donald Glass, John 
 Ashby, William Bolster, George Cable, Joseph Mall, Wil- 
 liam Anderson, G. M. Boswell, William Cooper, Jonathan 
 Chapman, John Macartney, John Long, John Hulbert, 
 Edward Callaghan, Bryan Maghauren, Harry Russel, James 
 Worthington, Robert Bates, Joseph Cooke, John Palmer, 
 and John Thorrington, one Guinea for his own use, alleg- 
 ing that he deducted the same for Clothing ; although a full 
 allowance is made by Government for the Clothing of the 
 militia-men ; thereby behaving in a scandalous infamous 
 manner, unbecoming the character of an Officer and a Gen- 
 tleman. 
 
 Charge 9- That the said Colonel did, at the Camp at 
 Lydd, in, or about the month of August, 1794, compel 
 several of the militia-men, viz. Robert Blunderfield, William 
 Eastley, Thomas Stewart, Walter Williams, Edward Mil- 
 lar, John Phillipson, Thomas Clark, John Knight, William 
 Shaw, John Copeland, William Lacey, Edward Gardner, 
 James Butterworth, Timothy Owen, John Benson, Corne- 
 lius Fay, Henry Cox, Jeremiah Macdonald, Thomas Tay- 
 lor, John Hulbert, John Sankey, Thomas Sandell, David 
 Lynch, Samuel Newman, Richard Seymour, Drummer 
 Macarty, John Chapman, William Cooper, Richard Stand- 
 
J. F. Cawthorne. 7 
 
 ibg, Thomas Parrot, Thomas Brooks, Jdhn Macintire, 
 Joseph Sedgby, Johti Ellis, William Lisle, Thoinas White- 
 Tard, James Russell, Richard Spalding, John Cowan, John 
 Rdper, Thomas Baldwin, Rainer Innholds, Heiiry Wat- 
 son, James Elms, John Hill, William Witch, George 
 Cobb, James Turvey, Thomas Hudson, John Swan, Isaac 
 Crow, William Burnston, John Jones, Joseph Cock, 
 Richard Bryan, James Bohannon, Thomas Carey, James 
 Dennington, Elisha Jones, William Hawkes, and John 
 Berry, or some or one of them, to take breeches, gaiters, 
 or foraging caps, at a time when they did not want such 
 articles, and when their new clothing was due, and did 
 charge such militia-men for the same more than such arti- 
 cles were worth, or more than the said Colonel paid for the 
 satne, and in violation of His Majesty's Instructions rela- 
 tive to the Pay and Allowance of Foot Soldiers serving at 
 Home ; which several Oppressions mentioned in this and 
 the preceding charges. No. 2 & 8, and others, occasioned 
 great discontent among the militia-men, in the said regiment; 
 who, having complained thereof to General Sir William 
 Howe, a'nd Lieutenant General Lascelles, at the Camp at 
 Lydd, in the said year 1 794, the said General ordered the 
 said Oppressions, with many others also complained of, to 
 be redressed by the said Colonel Cawthorne ; who then pro- 
 mised to redress the same : notwithstanding which proceed- 
 ings, the said Colonel Cawthorne did, on or about the 4th 
 day of November, 1 794, enter Orders in the Orderly Book, 
 stating such complaints of the men to be frivolous and 
 groundless, although he, the said Colonel, well knew to 
 the contlTary ; and that the Major of the said regiment had 
 certified to the said General Sir William Howe, and Lieu- 
 tenant General Lascelles, that the Grievances so complained 
 of were well founded. 
 
8 J. F. CawthOrne, 
 
 Charge .10. That the said Colonel did not supply the 
 regiment, during part of the Years 1793, 1794, and 1795,. 
 or some, or one of those Years, with a sufficient number 
 of Great Coats, or Clothing, whereby some of the men, 
 viz. Richard Monday, Walter Williams, Edward Miller, 
 John Phillipson, Thomas Clarke, William Shaw, John 
 Copeland, William Lacey, Edward Gardner, Samuel 
 Butterworth, Timothy Owen, William Witch, William 
 Bumston, Thomas Carey, James Bennington, Elisha 
 Jones, William Hawkes, Joseph Pulling, James Elms, 
 Thomas Baldwyn, Rainer Innholds, Thomas Whiteland, — 
 Pennington, — Mansfield j — Smith, John Berry, or 
 some, or one of them, suffered from the inclemency of the 
 weather; and others were obliged to wea.r their blankets, 
 when on duty as centinels, although money was intrusted, 
 pr allowed to him by Government for such Clothing, but 
 did embezzFe, or misapply the money so intrusted or 
 allowed. 
 
 Charge 11. That the said Colonel Cawthome hath 
 ■wilfully, kept *the said regiment incomplete, ever since the 
 28th day of January,. 1 793, when it was ordered out into ac- 
 tual service, yvhereby he hath embezzled, or mis-applied 
 sums pf money, issued for regimental purposes, to the 
 great prejudice of His Msijesty's service. 
 
 Charge 12. That the said Colonel Cawthome did, at 
 the Camp near Hythe, in the month pf May, 1795, know- 
 ingly make a false return pf the State pf the said regiment, 
 to the Adjutant General, or Major General Bruce (under 
 whose command tlie regiment then was), and did, at the 
 Camp near Brightpn, pn or about the 2Sth day of Juqe, 
 and on or about the 1 st day of J uly, the 4th day of July, 
 the 12th day of July, and the igth day of July, on each, or 
 some or one of those days, knowingly make a fal^e Return 
 
J. F. Cawihorne. 9 
 
 of the State of the said regiment to the Secretary at War, 
 the Adjutant General, and to Lieutenant General Lascelles, 
 under whose command the regiment then was, by carrying 
 on, or directing, or knowingly suffering to be carried on, 
 upon the strength of the said regiment, the names of men, 
 viz. Alexander Hamilton, Elisha Ford, Azariah Allen, Ben- 
 jamin Beech, John Cathie, William Homiman, Anthony 
 Jackson, George King, William Lewis, George Neai, 
 Richard Parslow, Andrew Stewart, Corporal Landen, Coi^ 
 poral Gardner, Francis Hunt, William Rickwater, Thomas 
 Davis, Thomas Wilson, and Michael Weare, or some or 
 one of them, who did not at the said several days of making 
 such returns, or some or one of them, belong to the said 
 regiment ; and that the said Colonel did, on, or about the 
 igthday of September, 1793, during the time the regiment 
 was encamped at Brighton, knowingly make a false Muster 
 of the St^teof the said regiment, by carrying on the names 
 of Thomas Yeatman, Francis Oaks, and Richard Yeats, or 
 some or one of such names, upon the strength of th^ said 
 regiment, who did not belong to the said regiment, and did 
 wittingly sign, allow, or direct the signing of the muster 
 rolls, wherein such false muster is contained. 
 
 Charge 13. That the said Colonel Cawthprae having, 
 on the 28th day of July, 1794, by his own authority, re- 
 duced Serjeant Thomas Jackson to the rank of a private 
 militiarman, for an ofFepce of which he was on the 4th 
 day of August fully acquitted by a Court Martial, did, not- 
 withstanding such acquittal, on the 4th day of August, 1794, 
 by his own authority, oppressively order the said Serjeant 
 to be again reduced to the rank of a private militia-man, for 
 the space of ten months ; by which proceeding, not only the 
 said Thomas Jackson, but the militia-men of the said regi- 
 ment, understood that the said Thomas Jackson was so 
 
10 J. F. Cawthorne. 
 
 reduced by Sentence of the said Court Martial. That the 
 Said Colonel Cawthorne having been informed that the said 
 Thomas Jackson had aipplied to the Secretary at War for 
 redress thought proper to restore the said Thomas Jackson 
 to his rank of Serjeant, but fraudtilently and colourably, 
 and in a scandalous and infamous manner, uhbecomiing the 
 character of an Officer and a Gentletaan, executed such in- 
 tention, 'by falsely ordering the following Errtry to be made 
 in the Orderly Book, viz. 
 
 " Head Quarters, Rye, 17th Nov. 1794. 
 
 " Parole — Dover. Countersign — Canterbury. Serjeant 
 
 Thomas Jackson, of Lieutenant Colonel O'Kelly'Js 
 
 Company, suspended by Sentence of a Court Mairtial, 
 
 is restored to his former station in the same Company ;" 
 
 although the said Colonel Cawthorne well knew that the 
 
 said Thomas Jackson was not suspended by Sentence of 
 
 a Court Martial, but had been fully acquitted by the said 
 
 Court Martial. 
 
 Chauge 14. That the said Colonel, since the said regi- 
 ment was ordered into actual service, and when there was 
 no Lieutenant for the said county of Middlesex, recom- 
 mended to the Deputy Lieutenancy, appointed by His 
 Majesty to grant commissions, and since the Marquis of 
 Titchfield was appointed Lieutenant for the said county, 
 did recommend to the said Marquis of Titchfield, persons 
 to serve as Ensigns in the said regiment, viz. John North 
 
 Boydell, James Chaiivel, Clarke, and Grant, or 
 
 some, or one of them, and by mis-representation procure 
 from the said Deputy Lieutenancy and Marquis of Titch- 
 field, commissions for such persons, although the said Co- 
 lonel Cawthorne knew that some of them were not of suffi- 
 cient age for siich service ; for the purpose of kppropridtin^ 
 
J, F. Cawthorne. 1 1 
 
 to himself the Pay and Allowances issued for such Ensigns, 
 or of giving the same to such Ensigns as a gratuity, which 
 Ensigns never joined the said regiment ; contrary to his 
 duty as an Officer, and in a scandalous infamous manner, 
 unbecommg the character of an Officer and a Gentleman. 
 
 OPINION AND SENTENCE 
 Of the General Court Martial upon the several Articles of 
 Charge exhibited against Colonel John Fenton Caw- 
 thome, stated in the Order in which they were inves- 
 tigated. 
 
 1st. Charge. With regard to the First Article of Charge, 
 it appears to the Court, that Colonel Cawthome did receive 
 from the Receiver General of the Land Tax, for the county 
 of Middlesex, iu the year 1793, when the Westminster 
 Regiment of Middlesex Militia was ordered into actual ser- 
 vice, the Guineas, by an Act of Parliament passed in the 
 26th Year of His present Majesty, intitled " An Act for 
 amending and reducing into one Act of Parliament the laws 
 relating to the Militia, in that part of Great Britain, called 
 England," directed to be paid by the said Receiver General 
 to the Captains, or other Commanding Officers of every 
 company of militia so ordered out, for the use of every pri- 
 vate militia-man belonging to his company, and for the use 
 of every recruit whilst in actual service, as aforesaid, (com- 
 monly called the Marching-Guineas). — And the Court is of 
 Opinion, that the said Colonel Cawthome is Guilty of hav- 
 ing withheld some of the said Guineas, so by him received, 
 from the respective Captains, or other Officers, command- 
 ing companies in the said regiment, whereby the said Cap- 
 tains, or other Officers, commanding companies, were pre* 
 vented from laying out such money, for the advantage of 
 the respective militia-men, according to the directions of the 
 
12 J. F. Cawthorne. 
 
 said Act ; by which receipt of the said money for Marching 
 Guineas by him, and by his withholding this same, from 
 the Captains of the regiment, contrary to the provision made 
 by the 101st section of the said Militia Act, the said Colonel 
 Cawthorne has mis-applied monies, which have been en- 
 trusted to him, for the payment of the militia-men under 
 his command. 
 
 2d Chaege. With regard to the Second Article of 
 Charge, it appears to the Court, that several of the militia- 
 men having complained that the said Colonel Cawthorne 
 had withholden the said Guineas, Lieutenant General Las- 
 celles (then Major-General Lascelles) did at the Camp at 
 Brighton, in the month of October, 1793, by order of His 
 Grace the Duke of Richmond, investigate the grounds of 
 such complaints ; and upon such investigation, the said Co- 
 lonel was ordered by the Duke of Richmond, and by the 
 Secretary at War, or by one of them, to redress the same ; 
 and the said Coloniel Cawthorne having refused or neglected 
 to obey such order, several of the militia-men of the said 
 regiment did, at Lydd Camp, in the month of September, 
 1794, again Complain thereof to General Sir William Howe 
 and Lieutenant General Lascelles, that the said Colonel 
 Cawthorne did, on or about the 4th day of November, 1794, 
 on receiving directions for that purpose from the said Ge- 
 nerals, order the Ca,ptains, or other Commanding Officers 
 of companies in the said regiment, to give credit in their 
 accounts to the militia-men, for the said Guineas, called 
 Marching Guineas : and the Court is of Opinion, that Colo- 
 nel Cawthorne is Guilty of having in general illegally, and 
 in some instances fraudulently, obtained from several per- 
 sons who had agreed to serve as substitutes, and from other 
 militia-men, receipts or agreements in respect of such 
 Marching Guineas, and did afterwards, viz. on, or about 
 
J. F. Cawthorne. 1 3 
 
 the 20th day of November, 1794, issue orders to the said 
 Captains, or otlier Commanding Officers of companies, not 
 to account for the said Guineas to such of the militia-men, 
 or substitutes serving as militia-men, as by any receipt or ■ 
 ^reement appeared to have received the same ; whereby 
 the said Colonel Cawthorne did, in a scandalous infamous 
 manner, unbecoming the character of an Officer and a Gen- 
 jtleman, attempt to avail himself of such receipts or agree- 
 ments, so illegally and fraudulently obtained. 
 
 8th Charge. With regard to the Eighth Article of 
 Charge, the Court is of Opinion that Colonel Cawthorne 
 is Guilty of having, in the year 1794, oppressively and un- 
 justly deducted out of the Bounty-Money, which he had 
 agreed to give to several of the substitutes, named in the 
 said Eighth Article of Charge, one Guinea for his own use, 
 alleging that, he deducted the same for clothing ; although 
 a full allowance is made by Government for the clothing 
 the militia-men ; thereby behaving in a scandalous infamous 
 manner, unbecoming the character of an Officer and a 
 Gentleman. 
 
 3d Charge. With regard to the Third Article of 
 Charge, the Court is of opinion, that Colonel Cawthorne 
 is Guilty of having, since the said Westminster Regiment of 
 Middlesex Militia has been embodied, in a scandalous infa- 
 mous manner, unbecoming 'the character of an Officer and 
 a Gentleman, accepted sums of money for pardoning and 
 discharging several militia-men, who had deserted from the 
 
 said regiment, namely, James Spence, Morris, 
 
 Hunt, George Richards, and Joseph Dyke, (being the 
 several militia-men, except one, who are named in the said 
 Third Article of Charge), , which sums so by him accepted, 
 the said Colonel Cawthorne converted to his own use. 
 
 6th Charge. With regard to the Sixth Article of 
 
14 J. F. Carethorne. 
 
 Charge/the Court is of opinion, that Coloiiel Cawthorne 
 is Guiltyi after pai-doning the several militia-men hereafter 
 named, who had deserted from the Westminster Regiment 
 of Middlesex Militia, namely, — Dennis Leesony James 
 Winter, Henry Molds, Edward Knight, George Rogers;, 
 John Strap, John Jones, John Wilson, John Hurley, Am- 
 brose Stephens, William Tuse, William Davis, John Lyon, 
 and Thomas Conolly (being of the number specified in this 
 Charge), of having placed them, the said deserters so par- 
 doned, in the said regiment as substitutes for men chosen 
 by Ballot to serve as militia-men, from whom he had received 
 several sums of money, for providing proper substitutes ; 
 and of having thereby, in a scandalous infamous manner, 
 unbecoming the character of an Officer and a Gentleman, 
 embezzled, or retained to his own use, considerable sums 
 of money, which he had received for providing such sub- 
 stitutes. 
 
 4th Charge. And with regard to the Fourth Article of 
 Charge, viz. " That the said Colonel Cawthorne did, on 
 the 13th day of March, 1795, and at divers other times, 
 since the Wetminster Regiment of Middlesex Militia has 
 been embodied, and when the said regiment was absent 
 from the said county of Middlesex, in consideration of mo- 
 ney corruptly received by him, in a scandalous infamous 
 manner, unbecoming the character of an Officer and a 
 Gentleman, discharge several of the militia-men of the said 
 regiment: viz. William Eastley, Thomas Cleaver, Thomas 
 Oliver, Isaiah Allen, Benjamin Beech, Corporal John 
 Cathie, Elisha Ford, William Horaman, Alexander Hamil- 
 ton, Anthony Jackson, George King, Walter Lewis, 
 George Neal, Richard Parslow, Andrew Stewart, Cor- 
 poral Lander, Corporal Gardner, John Hunt, William Rick- 
 waiter, Humphry Minor, and John East, or some or one 
 
Jt F, Ccmthorne. 15 
 
 of them, who had been sworn and enrolled, although such 
 militia-men were not become unifitfor service^ nor had pro- 
 duced certificates from any Surgeon, or medical person, to 
 that effect, and although the said regiment was greatly short 
 of its compliment, to the great prejudice of His Majesty's 
 Service." The Court is of opinion, that Colonel Caw- 
 thorne is Guilty of the whole of the crime, by the said article 
 imputed to him, so far as relates to William Eastley therein 
 named, — and that he is also G uilty of having in considera- 
 tion of monies by him received (not in these instances cor- 
 ruptly received), discharged* the several other militia-men, 
 in the said article of Charge named, except Thomas Oliver 
 and John East, although they were not unfit for service; 
 and although the regiment was greatly short of its comple- 
 ment, to the great prejiidice of His Majesty's Service. 
 
 13th Chakge. With regard to the Thirteenth Article 
 of Charge, being the last which has been investigated, it 
 appears to the Court, that Colonel Cawthome did, by his 
 own authority, on the 28th day of July, 1794, reduce Ser- 
 jeant Thomas Jackson to the rank of a private militia-man, 
 for an offence of which he was afterwards, viz. on the 4th 
 day of August, 1794, fully acquitted by a Regimental Court 
 Martial ; and did also, notwithstanding such acquittal, by 
 his own authority, on the 4th day of August, 1794, oppres- 
 sively order the said Serjeant to be again reduced to the 
 rank of a private militia-man, for the space of ten months, 
 by which proceeding, not only the said Thomas Jackson, 
 but the militia-men of the said regiment understood, that 
 the said Thomas Jackson was so reduced by Sentence of 
 the said Court Martial ; it does not, however, appear to 
 the Court, that Colonel Cawthorne, (as is stated in the Ar- 
 ticle of Charge) in consequence of his being informed of 
 an application made by the said Thomas Jackson to the 
 
]6 J. F. Cawthorne. 
 
 Secretary at War for redress, did think proper to restore 
 the said Thomas Jackson to his rank of Serjeant; but the 
 Court is of Opinion, that the said Colonel Cawthorne is 
 Guilty of having colourably, and in a scandalous infamous 
 manner, unbecoming the character of an Officer and a 
 Gentleman, caused a false Entry to be made in the Or- 
 derly Book in the following words : 
 
 " Head Quarters, Rye, nth Nov. 1794 
 " Parole — Dover. Countersign— Canterbury. Serjeant 
 Thomas Jackson, of Lieutenant-Colonel O'Kelly's 
 company, suspended by Sfentence of a Court Martial, 
 is restored to his former station in the company ;'' 
 the said Colonel Cawthorne well-knowing that the said 
 Thomas Jackson was not suspended by the sentence of a 
 Court Martial, but had been fully acquitted. 
 
 Upon the whole matter, the Court, reflecting upon the 
 several crimes of which they have found themselves com- 
 pelled by the evidence to find the Prisoner, Colonel John 
 Fenton Cawthorne, Guilty, think it is encumbent on them 
 to adjudge, and do hereby adjudge, that he be Cashiered, 
 and declared unworthy of serving His Majesty in any mi- 
 litary capacity whatever; and that the same be notified 
 to him in such public manner as His Majesty may think 
 most proper. And the Court do, for the sake of example 
 further adjudge, that the Charges, of which the Prisoner 
 has been convicted, together with the adjudication of the 
 Court, be declared, if His Maj.esty shall think fit, in Public 
 Orders, and that the same be read at the head of evei^ 
 militia corps in the Kingdom. 
 
 The Court Martial having proceeded thus far in their in- 
 quiry, in obedience to His Majesty's commands, and hav- 
 ing disposed- of such of the various Articles of Charge as, 
 from their being connected with each other, and from their 
 
J. F. Cawthorve. 17 
 
 very serious nature, seemed to demand the most immediate 
 attention, beg leave now to submit to His Majesty, whe- 
 ther their determination and Sentence may not satisfy the 
 purposes of Public Justice ; and whether His Majesty may 
 in his wisdom think it necessary to direct that the Court 
 should fully execute His Majesty's commands, by investi- 
 gating the remainder of the charges which have been pre- 
 ferred against Colonel Cawthorne. 
 
 Report having been made to His Majesty of the forego- 
 ing Sentence and Minute, by the Judge Advocate General, 
 the Court Martial was, on Thursday the 21st of January, 
 1796, re-convened by His Majesty's command, and pro- 
 ceeded, during several subsequent days, in the investigation 
 of the remaining Articles of Charge ; and after hearing Evi- 
 dence touching the same, as well on the part of the Prose- 
 cutor as of the Defendant, delivered their opinion on each 
 Article of Charge respectively, and made their final ad- 
 judication upon the whole as follows : 
 
 5th Charge. With regard to the Fifth Article of 
 Charge, it appears to the Court, that Colonel Cawthorne 
 has, at divers times, received large sums of money from 
 men chosen by ballot to serve as militia-men in the West- 
 minster Regiment of Middlesex Militia, on his undertaking 
 to procure substitutes for them ; and that he did, by him- 
 self, or agent or agents, reject men who offered to serve as 
 substitutes, and who were able and fit fOr service, because 
 they would not engage for less money than the Colonel, or 
 his agent, had received for such procurement; and also that 
 he did agree for several of the persons, named in the said 
 Charge, to serve as substitutes who were unfit for service, 
 because such persons engaged to serve for less money than 
 the said Colonel, or his agent, had received for that pur- 
 
 c 
 
18 J.F. Cawthorne. 
 
 pose; and the Court is of Opinion, that Colotiel Cawthorne 
 is Guilty of having obtained large suras of money for his 
 own use, in a scandalous infamous manner, unbecoming the 
 character of an Officer and a Gentleman. 
 
 7th Charge. With regard to the Seventh Article of 
 Charge, the Court is of Opinion, that Colonel Cawthorne 
 is Guilty of having, as Commanding Officer of the said re- 
 giment, or under the colour of such authority, since the 
 said regiment has been embodied, in a scandalous infamous 
 manner, unbecoming the character of an Officer and a Gen- 
 tleman, received divers sums of money from several persons 
 named in the Charge, who had been chosen by ballot to 
 serve as militia-men in the said regiment, viz. Francis Doll- 
 man, George Stone, John Vernon, junior, William Wight- 
 man, Edwkrd Walker, John Goodman, Thomas Brad- 
 bury, John Oakley Clarke and Charles Grey, upon his un- 
 dertaking to procure substitutes for such principals, with- 
 out procuring any such substitutes, or entering the names 
 of the said persons so chosen in the Regimental Book, pro- 
 vided and kept for that purpose, thereby embezzling or 
 misapplying the money so received. 
 
 9th Charge. With regard to the Ninfli Article of 
 Charge, viz. " That the said Colonel Cawthorne did, at the 
 camp at Lydd, in or about the month of August, 1794, 
 compel several of the militia-men, in the said Charge named, 
 or some or one of them, to take breeches, gaiters, or fo- 
 raging caps, at a time when they did not want such articles, 
 and when their new clothing was due, and did charge such 
 militia-men for the same more than such articles were 
 worth, or more than the said Colonel paid for the same ; 
 and in violation of His Majesty's Instructions relative to 
 the Pay and Allowances of Foot-soldiers serving at Home ;" 
 
J. F. Cawlhorne. 19 
 
 The Court is of Opinion, that Colonel Cawthorne is Not 
 Guilty, and does therefore acquit him. 
 
 10th Charge. With regard to the Tenth Article of 
 Charge, the Court is Opinion, that Colonel Cawthorne is 
 Guilty of not having supplied the regiment, during part of 
 the years 1793, 1794, and 1795, with a sufficient number of 
 great coats, although money was entrusted or allowed to 
 him by Government for such clothing ; but it does not ap- 
 pear that he embezzled or misapplied the money so entrusted 
 or allowed. 
 
 1 1th Charge. With regard to the Eleventh Article of 
 Charge, the Court is of Opinion, that Colonel Cawthorne 
 is Guilty of having wilfully kept the said regiment incom- 
 plete, ever since the 28th day of January, 1 793, when it 
 was ordered out into actual service; whereby an undue 
 emolument has accrued to him in respect of the clothing 
 thereby saved, to the great prejudice of His Majesty's ser- 
 vice. 
 
 12th Charge. With regard to the Twelfth Article of 
 Charge, the Court is of Opinion that Colonel Cawthorne 
 is Guilty of having knowingly made a false Return, at the 
 camp near Hythe, in the month of May, 1795, to Major 
 General Bruce, under whose command the regiment then 
 was, and also of having knowingly made a false Return of 
 the State of the regiment, at the camp near Brighton, on 
 the 28th of June, and on the 1 st of July, 1 795, to Lieute- 
 nant General Lascelles, under whose command the regi- 
 ment then Was, by carrying on, upon the strength of the 
 the said regiment, the names of several of the men, named 
 in the Charge, who did not, at tlie said several days of 
 making such returns, belong to the said regiment ; but with 
 regard to the latter part of the said Charge, namely, that of 
 making a false Muster, the Court is of Opinion, that Colo- 
 
•20' J. F. Cawthorne. 
 
 nel Cawthorne is Not Guilty, and does therefore acquit 
 him. 
 
 14th and last Chakge. With regard to this Article of 
 Charge, viz. " That the said Colonel, since the said regi- 
 ment was ordered into actual service, and when there was 
 no Lieutenant for the said County of Middlesex, recom- 
 mended to the Deputy Lieutenancy, appointed by His Ma- 
 jesty to grant commissions, and since the Marquis of Titch- 
 field was appointed Lieutenant for the said county, did re- 
 commend to the said Marquis of Titchfield, persons to 
 serve as Ensigns in the said regiment, viz. John North Boy- 
 d^ll, James Chauvel, — Clarke, and — Grant, or some or 
 one of them, and by misrepresentation procure from the 
 said Deputy Lieutenancy and Marquis of Titchfield, com- 
 missions for such persons, although the said Colonel Caw- 
 thorne knew that some of them were not of sufficient age 
 for that service, for the purpose of appropriating to him- 
 self the Pay and Allowances issued for such Ensigns, or of 
 giving the same to such Ensigns as a gratuity, which En- 
 signs never joined the said regiment ; contrary to his duty 
 as an Officer, and in a scandalous infamous manner, unbe- 
 coming the character of an Officer and a Gentleman ;" 
 
 The Court is of Opinion, that Colonel Cawthorne is Not 
 Guilty of the same, nor of any part thereof, and does there- 
 fore acquit him. 
 
 The Court Martial upon considering of a Sentence ade- 
 quate to those Articles of Charge, of which they have now 
 found themselves obliged, upon investigation thereof, to con- 
 vict the Prisoner Colonel John Fentou Cawthorne, and ad- 
 verting to the Sentence already passed by them, in respect 
 of the Seven other Articles of Charge before examined into, 
 have only fully to confirm such their former Sentence, where- 
 by he, the said Colonel John Fenton Cawthorne is adjudged 
 
A. D. O' Kelly. 21 
 
 to be cashiered, and declared unworthy of serving His Ma- 
 jesty in any military capacity whatever. 
 A true Copy, 
 (signed) J. A Oldham, 
 
 Dep. Judge Advocate General. 
 
 N. B. In consequence of this Sentence, it was resolved in 
 the House of Commons, by a Majority of 108 against 12, 
 that John Fenton Cawthorne, Esq. (who sat as member 
 for the town of Lancaster) should be expelled that House, 
 and he was accordingly expelled ; but after the lapse of 
 one session, he was again returned by his constituents 
 in Lancaster. — See Parliamentary Debates, 2d of May, 
 1796. Page 59'2..— Editor. 
 
 LIEUT. COL. A. D. O'KELLY.— 1796. 
 
 Copy of the OPINION and SENTENCE 
 Of the General Court Martial, held at the Horse Guards, 
 on Tuesday, the l6th of February, 1796) and conti- 
 nued by adjournments till Friday, the 11th of March 
 following, upon the trial of Lieutenant Colonel An- 
 drew Dennis O'Kelly, of the Westminster Regiment of 
 Middlesex Militia, in which the several Charges exhi- 
 bited against him by Colonel John Fenton Cawthorne, 
 of the same regiment, are recited. 
 With respect to the First Article of Charge, viz. 
 1 . Mutinous, disorderly and unbecoming conduct, in the 
 month of August, 1794, or thereabouts, and while in camp 
 at Lydd, in privately and otherwise " stimulating, exciting, 
 and ordering divers of the men of the Westminster Middle- 
 
22 J. D. QKelly. 
 
 sex Militia, viz. Serjeant Brown, John Benson, Thomas Fla- 
 ther, John Newland, John May, and John Weaver to con- 
 sult together, and to send a Letter or Petition to the then 
 Commanding Officer of the district. General Sir William 
 Howe, the said Lieutenant Colonel O'Kelly being then 
 Commanding Officer of the said camp at Lydd, concerning 
 certain of their complaints, as specified in the said Letter or 
 Petition ; and which said Letter or Petition, in consequence 
 of such the Lieutenant Colonel O'Kelly's conduct, was ac- 
 cordingly delivered to Lieutenant General Lascelles, then 
 second in command ;" 
 
 The Court is of Opinion, that Lieutenant Colonel O'Kel- 
 ly is Not Guilty, and does therefore acquit him. 
 
 With respect to the Second Article of Charge, viz. 
 
 2. " Disobedience of Orders, and unbecoming conduct, 
 in stating to the Generals at various times, during the en- 
 campment of the present year at Brighthelmstone, the com- 
 plaints of the men of the said regiment, as set forth in the 
 Letter or Petition, mentioned in the preceding Article, with- 
 out having first acquainted the Colonel with them ; whose 
 orders were, that all complaints of the men of the said regi- 
 ment should be communicated to the Colonel, in order that 
 the same, if just, might be redressed. Vide Order, dated 
 'Lydd, November 4, 1794;' and vide Order, dated 'Rye, 
 November 20, 1794;'" 
 
 The Court is of Opinion, that Lieutenant Colonel O'Kel- 
 ly is Not Guilty, and does therefore acquit him. 
 With respect to the Third Article of Charge, viz. 
 
 3. " Reducing non-commissioned Officers of the said 
 regiment, without a Regimental Court Martial ; namely, 
 Corporals Fogo and Price : the former, Fogo, on the 25th 
 of Octobei-, 1794 ; the latter. Price, on the 24th of Decem- 
 ber, 1793 ;" 
 
A. D. O'Kelly. 23 
 
 No evidence having been adduced in support of this Ar- 
 ticle of Charge, the Court do therefore acquit Lieutenant 
 Colonel O'Kelly. 
 
 As to the Fourth Article of Charge, viz. 
 
 4. " Having ordered Serjeant Storey to receive only Cor- 
 poral's pay, after he was put in orders, by the said Colonel, 
 as Serjeant, and which he was compelled to receive for up- 
 wards of two months, whilst in quarters at Rye, in the latter 
 end of the year 1794, and in the beginning of the year I'iQo, 
 and until the said Colonel's return to the regiment ;" 
 
 The Court is of Opinion, that Lieutenant Colonel O'Kel- 
 ly is Not Guilty, and does therefore acquit him. 
 With respect to the Fifth Article of Charge, viz. 
 
 5. " Disobedience of Orders at Winchelsea, on the 20th 
 of November, 1794, or thereabouts, in preventing the Or- 
 ders of the Colonel from being inserted in the Orderly Book 
 by the Serjeant, then acting there as Serjeant-Major; name- 
 ly the said Orders of the said 20th of November, 1 794 ;" 
 
 The Court is of Opinion, that Lieutenant Colonel O'Kel- 
 ly is Not Guilty, and does therefore acquit him. 
 With respect to the Sixth Article of Charge, viz. 
 
 6. " Misapplying, and converting to his own use, a Part 
 of the Government Allowance of Coals to the militia embo- 
 died, and whet) in barracks ; by causing whilst at Winchel- 
 sea, at different times between the month of December, 
 1794, and the 10th of May, 1795, part of such Coals so al- 
 lowed by Government to the men of the said regiment, then 
 in barracks, to be carried into his, the Lieutenant Colonel's 
 own house, and there consumed ; he the said Lieutenant 
 Colonel being, during that time. Commanding Officer at 
 Winchelsea ;" 
 
 The Court is of Opinion, that Lieutenant Colonel O'Kel- 
 ly is Guilty. 
 
24 A. D. O'Relly. 
 
 In regard to the Seventh Article of Charge, viz. 
 
 7. "Unbecoming and un-officer-like conduct in fre- 
 quently going from company to company, the Colonel be- 
 ing on parade, and endeavouring to render the men dissatis- 
 fied, during the late encampment at Brighton ; and for be- 
 having unbecomingly, and with disrespect to his superior 
 Officer, the Colonel of the regiment, during the time of 
 the said encampment, in the month of July, 1795, in or- 
 dering his own company to make other complaint or com- 
 plaints, after the General's inspection, before whom they 
 had declared they were all settled with ; and for directing 
 the soldiers to make claims, which he, the Lieutenant Co- 
 lonel, knew they were not entitled to ; and in asking certain 
 recruits, viz. John Cowden^ George Gutteridge, and John 
 Rawlings, " What they cost ?" and " Were they not' a pret- 
 ty set of fellows ?" And further, upon the said Colonel, in 
 the month of July last, stating on the parade, to the men of 
 the said regiment, that he, the said Colonel, would take 
 care they should have certain Dues or Rights, or words to 
 that effect, in using towards him, the said Colonel, the fol- 
 lowing disrespectful expression, " I will make yon. Sir ;" 
 
 The Court is of Opinion, that Lieutenant Colonel O'Kel- 
 ly is Not Guilty, and does therefore acquit him. 
 With respect to the Eighth Article of Charge, viz. 
 
 8. " Making use of the following mutinous, disrespect- 
 ful, and disorderly expression, of and concerning the said 
 Colonel, -whilst commanding his regiment on a Field-day, 
 near Brighton, and at other times in the month of July 
 last, — " By God, I will teach my Poll Parrot to give the 
 word of command better than him ;" meaning him the said 
 Colonel, or words to that effect ; which said expression was 
 either addressed to, or uttered in the hearing of many of the 
 
A. D. O'Kelly. 25 
 
 non-commissioned Officers and privates of the said regi- 
 ment, and with intent that they might hear the same ;" 
 
 The Court is of Opinion, that Lieutenant Colonel O'Kel- 
 ly is Not Guilty, and does therefore acquit him. 
 
 As to the Ninth and Tenth Article of Charge, viz. 
 
 9. " Behaving in a scandalous and infamous manner, and 
 such as is unbecoming the character of an OflScer and a 
 Gentleman, towards Major Chauvel of the same regiment, 
 whilst a Captain therein, towards the latter end of the year 
 ]792, or the beginning of the year 1793, in obtaining from 
 him a sum of money, to the amount of £\15, or there- 
 abouts, under a false pretence of having (he the said Lieu- 
 tenant Colonel O'Kelly, being then a Captain in the said 
 regiment,) agreed, or being about to agree, with Lieute- 
 nant Colonel Gordon, late and then of the said regiment, 
 that the said Lieutenant Colonel Gordon should resign the 
 Commission he then held, on the said Lieutenant Colonel 
 O'Kelly (then Captain O'Kelly) paying, or agreeing to pay 
 to him, the said Lieutenant Colonel Gordon, ^500, where- 
 by the said Lieutenant Colonel O'Kelly (then Captain 
 O'Kelly) was likely to become Lieutenant Colonel of the 
 same regiment, and stating to the said Major (then Captain 
 Chauvel) that the said sum of cf 175 so by him since paid, or 
 the sum of cfSOO, or thereabouts, was but the fair and just 
 proportion of the said sum of £oOO so by the said Lieute- 
 nant Colonel O'Kelly stated to have been paid, or agreed to 
 be paid, or about to be agreed to be paid ; and which the said 
 Major (then Captain Chauvel) ought to contribute as part of 
 the said of 500, as he, the said Major (then Captain Chauvel,) 
 would also gain Rank by the promotion of the said Lieute- 
 nant Colonel O'Kelly (then Captain O'Kelly), and inducing 
 him to pay into the hands of the said Lieutenant Colonel 
 O'Kelly, the sum of ^£'175, or thereabouts, as his just pro- 
 
26 A. D. O'Kelly. 
 
 portion of the said pretended sum of »f 500 j whereas, in 
 truth, the said Lieutenant Colonel O'Kelly never was m 
 treaty to pay, nor ever did pay, to the said Lieutenant Co- 
 lonel Gordon the sum of .f 500, on the above transaction ; 
 but on the contrary, only 250 Guineas; 50 Guineas of 
 which, by the said agreement was to be contingent, and 
 only payable to the said Lieutenant Colonel Gordon, in 
 case the regiment should remain embodied one twelve- 
 months after his smA resignation ; and which 50 Guineas 
 were not paid unto the s^id Lieutenant Colonel Gordon 
 until a very long time afterwards ;" 
 
 The Court is of Opinion, that Lieutenant Colonel O'.K^- 
 ly is Kot Guilty, and does therefore acquit him. 
 
 10. " Unbecoming conduct to the Colonel of the regi- 
 ment, in refusing to clear up his. Lieutenant Colonel O'Kel- 
 ly's character and conduct to the said Colonel on the above 
 transaction, when called upon by him so to dp, as will ap- 
 pear in a letter from the said Colonel to the said Lieute- 
 nant Colonel O'Kelly, dated March 24th, 1795, and by his 
 answer thereto, dated April 5th, 1 795 ; and by the said 
 Colonel's second letter to the said Lieutenant Cplonel, dated 
 April 9th, 1795;" 
 
 The Court is of Opinion, that Lieutenant Colonel O'Kel- 
 ly is Not Gailty, and does therefore acquit him. 
 
 With regard t@ the EJ^ymth, Twelfth, and Thirteenth 
 Articles of Charge, viz. 
 
 11. " Having drawn upon the Regimental Agent for cer- 
 tain 8uni8 of Money, namely, a sum of £'! for a Guu-d 
 Room, at Shoreham, from 7th November, 1793, to l6di 
 May, 1794; and a sum of ^l6. 4s. 4d. in the year 1794, 
 for Expenses incurred for the men, when shut out at Stey- 
 ning ; and stating an untrue Account, in order to discharge 
 hiqiself of the said sums, as if by a just expenditure thereof;" 
 
A. D. O'Kelly. 27 
 
 The Court is of Opinion, that Lieutenant Colonel 
 O'Kelly is Not Guilty, and does therefore acquit him. 
 
 12. " Selling the Regimental Provisions, and applying 
 to his own use the proceeds thereof, namely, by ordering 
 to be paid by a Brewer of Brighton, called — Chapman, 
 the said sum oi £\6. 4s. 4d. for certain Beer, furnished by 
 the Publicans of Shoreham, to the men of the regiment, in 
 the latter end of the year 1793, and until the month of May 
 1 794, or the amount thereof, and to deduct the amount of 
 the same from the Beer in his hands, belonging to the regi- 
 ment, or to place the same to the account of the Command- 
 ing Officer of the regiment, he, the said Lieutenant Colonel 
 O'Kelly, having already received a sum of money, namely, 
 the said sum of ,^16. 4s. 4d. for the Payment of the said 
 Beer to the said Publicans ;" 
 
 The Courtis of Opinion that Lieutenant Colonel O'Kelly 
 is Not Guilty, and does therefore acquit him. 
 
 13. "Applying to his own use a sum of £\6. 4s. 4d. 
 destined for the Relief of the Publicans of New Shoreham, 
 himself having first, in the name of Government, promised 
 them some compensation : which sum is the said sum of 
 £v6. 4s. 4d. mentioned in the two foregoing Charges;" 
 
 The Court is of Opinion, that Lieutenant Colonel O'Kelly 
 is Not Guilty, and does therefore acquit him. 
 As to the Fourteenth Article of Charge, viz. 
 
 14. " Unbecoming conduct in assuming unwarrantable 
 power at Shoreham, in the spring of the year 1794, or there- 
 abouts, in compelling the men of the regiment to take cer- 
 tain clothing, namely, a quantity of Trowsers, without the 
 permission or privity of the Colonel of the regiment, which 
 was a source of great murmer, and much discontent among 
 the men ; and for granting a Furlough to one of the men, the 
 Colooel of the regiment being then ^yith it, during the pre- 
 
28 A. D. O'Kelly. 
 
 sent* encampment at Brighton, without the said Colonel's 
 privity or consent ; namely to Rainer Innolds, of his own 
 company, on the 31st July, 1795;" 
 
 The Court is of Opinion that Lieutenant Colonel O'Kelly 
 is Not Guilty, and does therefore acquit him. 
 
 With regard to the Fifteenth Article of Charge, viz. 
 
 15. " Taking to his own use, the pay of a private of his 
 own Company, namely, one Morris, knowing that the said 
 private had, for a lo;ig time before the taking such pay, de- 
 serted from, or otherwise left the regiment ;" 
 
 No evidence having been adduced in support of this A r- 
 ticle of Charge, the Court do therefore acquit Lieutenant 
 Colonel O'Kelly. 
 
 As to the Sixteenth Article of Charge, viz. 
 
 16. " Unbecoming anH disorderly Conduct towards the 
 Colonel of the regiment, in writing a Letter to Lieutenant 
 General Lascelles, dated 2d July, 1795, or thereabouts, 
 
 • and stating therein, amongst other matters, as a reason for 
 not reporting the contents of the said Letter in the usual 
 manner. That the conduct of the Colonel of the said regi- 
 ment was such as was completely calculated to counteract 
 the discipline, which the punishment of disobedience of 
 ' prders is, or was, calculated to maintain, or words to that 
 effect;" 
 
 No evidence having been adduced in support of this Ar 
 tide of Charge, the Court does therefore acquit Lieutenant 
 Colonel O'Kelly. 
 
 ADDITIONAL CHARGES. 
 With regard to the First Additional Article of Charge, viz. 
 " Misapplication of a Sum of Money issued to him, the 
 
 •Meaning the Year 1795i in vphicli year these Charges were first exhibited. 
 
A. D. O'lielly. m 
 
 said Lieutenant Colonel, for Regimental Purposes, by draw- 
 ing on the Regimental Agent, for the sum of £[3. 12s. 6d. 
 for the use of a Store-room, for the said regiment at Shore- 
 ham, in the years of 1793 and 17^4, but which sum was 
 not, in fact, expended for the use of a store-room, but for 
 the use of a store-room and a stable also, and which stable 
 was not used for regimental purposes, but for the private 
 convenience of the said Lieutenant Colonel O'Kelly ; 
 whereby the expense of the hire of a stable, for such pri- 
 vate use aforesaid, was charged to the account of the Colo- 
 nel of the said regiment ;" 
 
 No evidence having been adduced in support of this Ar- 
 ticle of Charge, the Court do therefore acquit Lieutenant 
 Colonel O'Kelly. 
 
 With regard to the Second Additional Article of Charge, 
 viz. 
 
 " Fraudulently causing to be charged to, and paid by Go- 
 vernment, in the month of November, or thereabouts, and 
 in the year 1794, a sum of o£'9. 10s. or thereabouts, due by 
 him, the said Lieutenant Colonel, on his private account, to 
 Henry Masters, a Brewer, of Lydd in Kent, for one hun- 
 dred and eight gallons of Strong Beer, and for fifty-four 
 gallons of Strong Beer, sold to the said LieutenantColonel 
 on the 4th of June, and on the 1 1th day of August, or there- 
 abouts, in the year aforesaid ; and which said beer was given 
 by the said Lieutenant Colonel to the men of the said regi- 
 ment, then in Camp near Lydd, on the 4th of June, and 
 on the 1 2th of August, in the year aforesaid ; and which 
 said charge of the said ^9. 10s. or thereabouts, for the beer 
 aforesaid, to Government, and which said payment by 
 Government was fraudulently effected ; and caused, by the 
 said Lieutenant Colonel directing to be carried to the Co- 
 lonel of the said regiment, a blank, or unsigned Bill of Ex- 
 
30 A. D. (yiielly. 
 
 change, for the said Colonel's signature, drawn upon the 
 Barrack Master General, for the sum of ,£70, or thereabout, 
 in favour of the said Henry Masters, and being, or purport- 
 ing to be, drawn for Small Beer delivered for a detachment 
 of men of the said Westminster Middlesex Regiment, whilst 
 in barracks at Dungeness, by the said Henry Masters : and 
 which said Bill of Exchange was afterwards signed by the 
 said Colonel, in consequence of the same being brought to 
 him by order of the said Lieutenant Colonel for his signa- 
 ture, and was delivered to the said Henry Masters, with 
 the privity and knowledge of the said Lieutenant Colonel, 
 although the said Lieutenant Colonel well knew, at the 
 time of the signing and delivery, aforesaid, of the said Bill 
 of Exchange, (and the said Colonel did not know,) that the 
 payment of the said <£9. 10s. for the said Strong Beer so 
 sold to him, the said Lieutenant Colonel as aforesaid, was 
 included in the said Bill of Exchange ; and that the whole 
 of the said Small Beer, for which the said Bill of Exchange 
 was, or purported to be drawn, had not been furnished to 
 the detachment of the said regiment, whilst in Barracks at 
 Dungeness, but, on the contrary, only a part thereof ;" 
 
 The Court is of Opinion, that Lieutenant Colonel 
 O'Kelly is Not Guilty and does therefore acquit him. 
 
 And in respect of the Sixth Article, of which the Prisoner 
 has been found Guilty, the Court do adjudge, that he has 
 thereby incurred the Penalties stated in the IQth section of 
 the Act of Parliament, " for punishing Mutiny and Deser- 
 tion, and other Crimes therein mentioned ;" and in the 1st 
 article of the 13th section of the Articles of War : and the 
 Court, having no power under the said section, or Article of 
 War, to proportion penalties to the degrees of Offence, does 
 adjudge, that he, the said Lieutenant Colonel Andrew Den- 
 nis O'Kelly, be dismissed His Majesty's Service, and tliat 
 
A. D. 0' Kelly. 31 
 
 he forfeit the sum of One Hundred Pounds, which shall be 
 stopped from the Arrears of Pay due to him ; but the Court 
 being unable to ascertain with any exactness the quantity 
 of Coals which he has misapplied, in such manner as to ap- 
 portion the sum to be made good at his own expense, do 
 make no Adjudication in respect thereof. 
 
 J. A. Oldham, 
 Dep. Judge Advocate General. 
 His Majesty, graciously taking into consideration all the 
 circumstances of the case, did not think it necessary that the 
 Sentence should be carried fully into execution ; but His 
 Majesty at the same time judging, that it will not consist 
 with the upholding of discipline in the regiment, or tend to 
 promote a respectful attention from the men, towards their 
 Officers, that he should retain his Commission of Lieute- 
 nant Colonel in the corps, has directed that he should be 
 displaced. 
 
 N. B. This Officer is still living, but has never been em- 
 ployed in any military capacity since his trial. 
 
 COLONEL BALDWIN LEIGHTON.— 1798. 
 
 COPY OF THE CHARGES 
 
 Preferred against Colonel Baldwin Leighton, a Lieutenant 
 Colonel of the 46th Regiment of Foot, by Lieutenant 
 Colonel Bryan Bell, of the same regiment, which were 
 investigated, by a General Court Martial, held at Col- 
 chester Barracks, on the 22d of January, 1798, and 
 on several subsequent days ; together with the Opi- 
 nion of the Court Martial respecting the same. 
 
3^ A. B. O'Kelly. 
 
 1st Chaege. Disobedience to His Majesty's Orders, 
 and Breach of his Duty, as Comuianding OiBcer of the 
 46th Regiment of Foot, in not having directed an Inspec- 
 tion of Accoutrements in the year 1795, at the annual period 
 fixed by His Majesty's Regulation, bearing date the 15th 
 day of August, 1781 ; and also in not having directed an In- 
 ventory of the Regimental Stores to be made, in the year 
 
 1795, immediately after the death of General Sir John 
 Vaughan, late Colonel of the said regiment ; by which de- 
 parture from Regulation and Breach of Duty, great incon- 
 venience and confusion have been caused in settling the ac- 
 compts at this time, between the present, and representa- 
 tives of the late Colonel of the 46th Regiment. 
 
 2d Charge. Having suffered, without taking proper 
 notice thereof, seditious and "disrespectful expressions to 
 be made use of in his presence, at the Island of Martinico, 
 the latter end of the year 1 795, and beginning of the year 
 
 1 796, by Captain Dugald Campbell, then and now an Of- 
 ficer of the said regiment, execrating His Majesty's Military 
 Service, and reflecting on Field-Marshal the Duke of York, 
 one of the Royal Family, Commanding in Chief His Ma- 
 jesty's Forces in Great Britain, and also expressions of a 
 similar tendency used in his. Colonel Leighton's absence, 
 but which were afterwards reported, or made known to him ; 
 thereby departing from that duty to His Majesty, and re- 
 spect to the Royal Family, which were particularly incum- 
 bent on him as an Ofiicer, and in Command of the said 
 regiment. 
 
 3d Charge. Having drawn into contempt the autho- 
 rity of Lieutenant Colonel Bell, by having without cause 
 counteracted directions given by that Officer to Captain 
 Forster, the Paymaster of the said regiment (of which di- 
 rections the said Paymaster had informed him, Colonel 
 
Baldwin Lcigidon. S3 
 
 Leigliton), in causing to be divided among some Serjeants 
 of the regiment £<2.0 Bat and Forage Money (for 200 days, 
 from the 1st January, 179j) of the company then commanded 
 by Lieutenant Colonel Bell. 
 
 4th Charge. Great Negligence in the exercise of his 
 duty as Commanding Officer, in the distribution of the Of- 
 ficers under his command, on board the transports which 
 were bringing French prisoners from the West Indies to 
 Europe ; whereby one Subaltern Officer only (Lieutenant 
 Campbell) was placed in a transport where there were 105 
 French prisoners; although one Major, three Captains, and 
 two or three Ijieutenants were allotted to the transport 
 wherein Colonel Leighton himself was embarked, to which 
 negligent arrangement may be ascribed, the circumstance 
 of the prisoners taking possession of the vessel wherein Lieu- 
 tenant Campbell was placed. 
 
 5th Charge. Improper and 'Un-officer-like Conduct 
 when employed about the end of the year 1796, and com- 
 mencement of 1 797, as Field Officer, to inspect the Pa- 
 rochial Recruits destined for the 46th Regiment, by approv- 
 ing and sending to join the said regiment at Poole, men 
 who from age and infirmities were totally unfit for His Ma- 
 jesty's service at home or abroad, and who had not been 
 previously examined by any surgeon. 
 
 6th. Charge. Neglect of Duty, and Violation of the 
 Articles of War, respecting Quarrels and Challenges, in the 
 months of June and July last, in not taking the necessary 
 steps, on assuming the command of the 46th Regiment at 
 York, to prevent a duel between Lieutenant Colonel Bell 
 and late Surgeon Crigan, both of the said regiment, not- 
 withstanding he, Colonel Leighton, was apprized by the 
 Surgeon himself of the alFront conceived by him to have 
 been received from Lieutenant Colonel Dell, and of his, the 
 
 D 
 
34 Baldwin Leighton. 
 
 Surgeon's, intention to challenge him, Lieutenant Colonel 
 Bell, for the same"' but on the contrary, encouraging the 
 said Surgeon in his resentment towards Lieutenant Colonel 
 Bell. 
 
 7th. Chakge. Behaviour unbecoming an Officer and a 
 Gentleman, in opening a private Letter addressed to Lieu- 
 tenant Colonel Bell, from the War OflSce, dated the 17th 
 June, 1797, and con(!ealing the receipt of the same from 
 Lieutenant Colonel Bell. 
 
 8th. Charge. Behaviour unbecoming the character of 
 an Officer and a Gentleman, in availing himself of his situa- 
 tion of Commanding Officer, to send Officers of the said 
 regiment to distant Recruiting Stations, (in particular Lieu- 
 tenant Rose, to the Highlands of Scotland, and Lieutenant 
 Johnson to Cork) and to grant Leave of Absence to Cap- 
 tain Molesworth, of the said regiment ; either for the pur- 
 pose of depriving Lieutenant Colonel Bell of the evidence 
 of the said Lieutenants Rose and Johnson, and Captain 
 Molesworth, at the then impending trial of Lieutenant Co- 
 lonel Bell at the York assizes, or with an intention to en- 
 hance as much as possible, the expenses thereof. 
 
 OPINION. 
 
 The Court Martial, after a full investigation of the se- 
 vveral Charges, preferred against Colonel Leighton, and 
 upon due consideration of the whole matter before them, 
 think it in justice to that Officer, to declare their decided 
 Opinion, not only that he is Not Guilty of Misbehaviour in 
 any of the instances imputed to him, but that he appears to 
 have conducted himself in every part of his Duty, which 
 has come within the cognizance pf the Court, with a zea- 
 lous attention to His Majesty's service, and as becomes 
 the character of an Officer and a Gentleman ; and they do 
 
Dugald Campbell. 36 
 
 therefore most honourably acquit him, the said Colonel 
 Leighton, of all and every part of the said Charges. The 
 Court cannot close their proceedings without expressing 
 their serious concern, that Lieutenant Colonel Bell, by 
 whatever motives actuated, should have been so far led 
 astray from his duty, as to prefer Charges against his supe- 
 rior Officer, which appear to them to have been groundless 
 and vexatious : — a conduct in its tendency, destructive of 
 military discipline and subordination. 
 
 C. M. 
 
 N. B. General Sir Baldwin Leighton, Bart, is still in the 
 army. — Editor. 
 
 MAJOR DUGALD CAMPBELL.— 1798. 
 
 COPY OF A CHARGE 
 
 Preferred against Major Dugald Campbell, a Captain of 
 the 49th Regiment of Foot, which was investigated by 
 a General Court Martial, held at Colchester Barracks, 
 on Saturday, the 27th of January, 1798, together with 
 the Opinion of the Court-Martial respecting the same. 
 
 Having towards the end of the year 1 795, and beginning 
 of the year 1796, in the Island of Martinico, made use of 
 sundry seditious and disrespectful Expressions, execrating 
 His Majesty's Military Service, and reflecting on Field- 
 Marshal the Duke of York, one of the Royal Family, Com- 
 manding in Chief His Majesty's Forces in Great Britain. 
 
56 Richard Watson. 
 
 OPINION. 
 
 The Court Martial, having duly weighed the whole mat- 
 ter before them, is of Opinion, that Major Dugald Camp- 
 bell is Not Guilty of any.partof the Charge preferred against 
 him, and doth therefore most honourably acquit him. At 
 the same time, the Court has to lament, that a Charge, in- 
 volving the honour and character of an Officer of such me- 
 ritorious services and conduct, should have been brought 
 forward with so little consideration on the part of Lieute- 
 nant Colonel Bell. 
 
 C. M. 
 
 N. B. Major Dugald Campbell is now a Major General 
 in the Army. Lieutenant Colonel Bell was placed on 
 half-pay^ and died in 1810. 
 
 LIEUT. COLONEL R. WATSON.— 1798. 
 
 General Court Martial, held at Sunning Hill Wells, on the 
 1st of August, 1798, and.continued by Adjournments 
 till the 7th of the same month, for the trial of Lieute- 
 nant Colonel Richard Watson, Major in the 7th 
 (or Queens' own) Regiment of Light Dragoons on the 
 Charges, as expressed in the following 
 
 OPINION AND SENTENCE. 
 
 The Court Martial, having duly weighed and considered 
 the whole matter before them, came to the Opinion with re- 
 spect to the several Articles of Charge, preferred against 
 
Richard Watson. 37 
 
 Lieuteuant Colonel Richard Watson, of the 7th (or Queen's 
 own) Regiment of Light Dragoons, as follows : 
 
 With respect to the First Charge, viz. 
 
 " Disobedience of Orders in marching the regiment from 
 Canterbury to the field of exercise, on the 26th of June, 
 1798, contrary to the order of march prescribed by the 
 Commanding Officer on the 3d and 14th of the same month 
 and year ;" 
 
 The Court is of Opinion, that Lieutenant Colonel Wat- 
 son is Guilty. 
 
 As to the Second Article of Charge, viz. 
 
 " Acting in a manner derogatory from his Rank in the 
 setvice, by drinking and smoaking in company with some 
 of the Quarter Masters of the said regiment, while the re- 
 giment was at Weymouth Camp, in the month of August, 
 1797 ; and also by entering into the canteens and suttling- 
 booths, usually frequented by non-commissioned Officers 
 and private soldiers, and drinking and smoaking therein in 
 their presence, while the regiment was in barracks at Croy- 
 don, in the month of June, 1797, and at Canterbury in the 
 month of June, 1798;" 
 
 The Court is of Opinion, that Lieutenant Colonel Wat- 
 son is Guilty, inasmuch as it has appeared to the Court, 
 that he acted in a manner derogatory to his Rank in the 
 service, by drinking and smoaking with some ot the Quar- 
 ter Masters of the regiment, while the regiment was at 
 Weymouth Camp, in the month of August, 1797; but the 
 Court is of Opinion that the other parts of the Charge 
 have not been sufficiently established. 
 
 With respect to the Third Article of Charge, viz. 
 
 " Disobedience of Orders, in issuing an Order, on the 
 said 26th of June, 1798, in defiance of the orders of his 
 Commanding Officer, given verbally on the 15th, and noti- 
 
38 Richard Watson 
 
 fied in writing on the 25th of the said month, and regularly 
 entered in the Orderly Books ;" 
 
 The Court is of Opinion, that Lieutenant Colonel Wat- 
 son is Guilty of having issued an order on the 26th of 
 June, 1798, but that he did it more from an error of judg- 
 ment, than in defiance of the orders of his Commanding 
 Officer. 
 
 With regard to the Fourth Article of Charge, viz. 
 
 " Disobedience of Orders in refusing to give up the Ad- 
 jutant's Orderly Book, on the said 26th of June, 1798, 
 when required by his Commanding Officer;" 
 
 The Court is of Opinion, that Lieutenant Colonel Wat- 
 son is Guilty. 
 
 And the Court do therefore adjudge the said Lieutenant 
 Colonel Watson, First Major in the 7th (or Queen's own) 
 Regiment of Light Dragoons, to be reprimanded by the 
 President of this Court Martial, in the Presence of the 
 Officers of the said regiment, as soon as they can be assem- 
 bled together, for his great want of knowledge of his duty, 
 in disobeying the verbal and written orders of his Com- 
 manding Officer, and for entering into houses and places 
 appropriated for Quarter Masters, non-commissioned Offi- 
 cers and private soldiers to drink in, and remaining there- 
 in unnecessarily ; and the Court do further adjudge, that he 
 he suspended from Rank and Pay for the space of twelve 
 calendar months. 
 
 And the Court Martial think it incumbent upon them be- 
 fore they close their proceedings to observe, that where 
 there is no violence, or resistance, from the Officer put in 
 arrest, the sending two men with drawn swords with him, is 
 coptrary to the custom and spirit of the British Service, and 
 they approve very much of the strong terms in which Colo- 
 nel Lord Paget has expressed himself convinced thereof. 
 
Peter Beaver. 39 
 
 • His Majesty, in approving of the whole of the proceed- 
 ings and Sentence of the Court Martial, is at the same 
 time pleased to direct that so much of the Seatence, as re- 
 lates to Lieutenant Colonel Richard Watson being specially 
 reprimanded in. the, Presence of the Officers of the Regi- 
 ment, need not be carried into execution; as the promul- 
 gation of the Opinion and Sentence of the Court in Gene- 
 ral Orders, which His Majesty has commanded-to be made, 
 will distinctly mark the instances wherein his conduct has 
 been reprehensible. 
 
 N. B. This Officer was cashiered, but allowed to sell 
 out — He was tried in the Court of King's Bench for a 
 Libel against General Gwyn, who was President of the 
 Court Martial, and was fined and imprisoned in the 
 King's Bench. — He is since dead. — Editor. 
 
 MAJOR PETER BEAVER.— 1799. 
 
 COPY OF THE CHARGE 
 
 Preferred against Major Peter Beaver, of the Hampshire 
 Regiment of Fencible Cavalry, which was investigated 
 by a General Court Martial, held at Brighthelm stone, 
 on the 11th and 12th. of February, 1799; together 
 with the Opinion and Sentence of the Court Martial 
 respecting the same. 
 
 Scandalous and infamous Behaviour, unbecoming an Offi- 
 cer and a Gentleman, in having declared on oath that he 
 had not any other Place or Employment, Civil or Military, 
 
40 Peter Beaver. 
 
 under His Majesty, besides his Allowance of Half Pay, as 
 a reduced Captain in the second battalion of the Seventh 
 Regiment of Foot, during the respective periods hereinafter 
 mentioned, viz. between the 24th June, x 1796, and the 25th 
 December following; between the 24th December, 1796, 
 and the 25th June, 1797; between the 24th June, 1797, 
 and the 25th Dec. following; and between the 24th De- 
 cember, 1797, and the 25th June following; notwithstanding 
 he Was in receipt of Full Pay from His Majesty, by virtue 
 of his Commission as Major of the Hampshire Regiment of 
 Fencible Cavalry, during the whole of the said respective 
 periods for which he received Half Pay ; and having thereby 
 corruptly obtained several sums of money, to which he knew 
 himself at the time not to have been entitled. 
 
 OPINION AND SENTENCE. 
 
 The Court is of Opinion, that the said Major Peter Bea- 
 ver is Not Guilty of " Scandalous and infamous behaviour, 
 unbecoming an Officer and a Gentleman," and doth there- 
 fore acquit him thereof; and doth also acquit the said Ma- 
 jor Peter Beaver of " Having corruptly obtained several 
 sums of money, to which he knew himself at the time not 
 to have been entitled;" 
 
 But the Court is of Opinion, that the said Major Peter 
 Beaver did act in an irregular and improper manner, " By 
 having declared on oath (although without any wilful or 
 corrupt intention), that he had not any other Place or Em- 
 ployment, Civil or Military, under His Majesty, besides 
 his Allowance of Half Pay as a reduced Captain in the se- 
 cond battalion of the Seventh Regiment of Foot, during the 
 respective periods specified in the Charge, notwithstanding 
 he was in the receipt of Full Pay from His Majesty, by 
 virtue of his Commission as Major of the Hampshire Regi- 
 ment of Fencible Cavalry, during the whole of such respec- 
 
Thomas Colluon. 41 
 
 tive periods, for which he received Half Pay," in breach of 
 the second article of the twenty-fourth section of the Articles 
 of War ; 
 
 And the Court doth therefore adjudge, that the said Ma- 
 jor Peter Beaver shall immediately refund to the Cashier of 
 the Army Pay-Office such sums of money as he, the said 
 Major Peter Beaver, or his agent, hath thus irregularly and 
 improperly received for Half Pay, as a reduced Captain in 
 the second battalion of the Seventh Regiment of Foot, 
 during the said respective periods specified in the Charge ; 
 
 And the Court doth therefore adjudge, that the said Ma- 
 jor Peter Beaver shall, for his irregular and improper con- 
 duct, be reprimanded in the Public Orders of the army, in 
 such manner as Field Marshal His Royal Highness the 
 Duke of York, Commander in Chief of His Majesty's For- 
 ces, shall be pleased to direct. 
 
 (Signed) CHARLES MORGAN, 
 
 Judge Advocate General. 
 
 N.B. Brevet Lieut. Colonel Peter Beaver sold out in 1803, 
 as Captain in the 27th Foot. — Editor. 
 
 CORNET THOMAS COLLISON. 
 
 COPY OF THE CHARGES 
 
 Preferred against Cornet Thomas Collison, late Paymaster 
 of the Ayrshire Regiment of Fencible Cavalry, which 
 were investigated by a General Court Martial, held at 
 Eastbourne on the 6th and continued to the 20th day 
 
42 Thomas Collison. 
 
 of June, 1799; together with the Opinion and Sen- 
 tence of Court Martial respecting the same. 
 Desertion from His Majesty's Service, and having be- 
 haved iti a scandalous infamous manner, unbecoming the 
 character of an Officer and a Gentleman, by carrying off, 
 embezzling, and applyitig to his own use, certain large sumS 
 of money, with which he had been intrusted for the pay- 
 ment of the quarters of the Ayrshire Regiment of Fencible 
 Cavalry, for the month of February last, and of subsistence 
 of Officers and men thereof for the month following, and 
 for other uses of the corps. 
 
 OPINION AND SENTENCE. 
 
 The Court, after mature consideration of the evidence 
 before them, is of Opinion that Comet Thomas Collison of 
 the Ayrshire Regiment of Fencible Cavalry and late acting 
 Paymaster thereof, is Guilty of the whole of the Charges 
 preferred against him. And the Court do therefore adjudge 
 that the said Comet Thomas Collison be kept in close con- 
 finement, and suspended from Rank and Pay, and from all 
 Arrears of Pay, until he shall have refunded, or made resti- 
 tution of the sum- of three thousand and eleven pounds, 
 sixteen shillings and three pence, or until he shall have 
 made satisfaction to Government for the same sum, being 
 the amount of the sums of money which appears to this 
 Court to have been embezzled and applied by the Prisoner 
 to his own use during the respective periods specified in the 
 Charges. 
 
 And the Court doth therefore adjudge, that after the said 
 Cornet ThoJnas Collison shall have so refunded or made 
 restitution of the said sum of three thousand and eleven 
 pounds, sixteen sbitliiigs and three pence (being the amount 
 of the sums of money appearing to the Court to have been so 
 
Andrew .Armstrong. 43 
 
 embezzled, and applied by the said Cornet Thomas CoUison 
 to his own use), or when he shall have made satisfaction to 
 Government for the said sum so embezzled, and applied to 
 his own use as aforesaid. He the said Cornet Thomas Col- 
 lison shall be Cashiered with every possible mark of dis- 
 grace and infamy, and be for ever rendered incapable of 
 serving His Majesty in any military capacity whatever. 
 
 (Signed) CHARLES MORGAN, 
 
 Judge Advocate General. 
 
 MAJOR ANDREW ARMSTRONG.— 1799. 
 
 At a General Court Martial, held at the Royal Hospital at 
 Chelsea, on Saturday the 22d day of June, 1 799, and 
 continued by Adjournments till Thursday the 27th of 
 the same month, by virtue of a special Warrant from 
 His Majesty, bearing date the 5th day of June, 1799, 
 
 Major Andrew Armstrong, of the 11th (or the North 
 Devonshire) Regiment of Foot, came Prisoner before the 
 Court, and the following Charges, preferred by Captain 
 Wiltshire Wilson, of the Royal Regiment of Artillery, 
 were exhibited against him, viz. 
 
 J St. " Quitting his Regimefit or Division on the 19th 
 and 20th days of May, 1798, (when on Service near Ostend) 
 without leaVe of his superior Officer, in contempt of the 8th 
 article of the 14th section of the Articles of War. 
 
44 Arulrew Armstrong. 
 
 2d. Misbehaving himself before the Enemy by shame- 
 fully abandoning his Post on the 20th of May aforesaid, in 
 contempt of the 20th article of the 14th section of the Ar- 
 ticles of War." 
 
 Major Armstrong, admitted that he is, and was at the 
 times specified in the Charges, Major of the 1 1th Regi- 
 ment of P'oot. 
 
 The Court Martial having duly weighed the evidence given 
 in support of the charges preferred against the Prisoner, Ma- 
 jor Andrew Armstrong, of the 1 1th Regiment of Foot, with 
 that which he has adduced in his defence, is of Opinion, that 
 he is Not Guilty of either of the Charges preferred against 
 him, and doth therefore acquit him. 
 
 G. HOTHAM, Lieut. Gen. 
 President, 
 J. A. OLDHAM, 
 Dep. Judge Advocate General. 
 
 (A true Copy.) 
 J. A. Oldham. 
 Judge Advocates Office. 
 I3th July, 1799. 
 
 Letter from the Judge Advocate's Office. 
 
 " Grafton Street, past Q o' Clock, Wednesday I/cening. 
 
 SIR, 
 
 Just returned from St. James's, I lose no time 
 in acquainting you, that I have had the honor of laying be- 
 fore the King the proceedings of the General Court Mar- 
 tial upon your trial, and have the satisfaction to add, that 
 His Majesty has been pleased to approve the Sentence of the 
 
Andrtw Armstrong. 45 
 
 Court Martial, whereby you are acquitted of the Charges 
 preferred against you. — I have the honor to be, Sir, 
 Your most obedient, and 
 
 most humble Servant, 
 (Signed) CHARLES MORGAN. 
 Major Armstkong, 
 
 1 \th Regiment of Foot. 
 
 Horse Guards, Q,Sth June, 1800. 
 
 SIR, 
 
 I have the honor herewith to transmit to you a copy of 
 a letter addressed,, in pursuance of His Majesty's commands, 
 to Major General Coote, and at the same time to signify 
 to you, that it is His Royal Highness the Commander in 
 Chief's pleasure, that you cause the same to be read the first 
 opportunity at the head of the regiment under your com- 
 mand, and afterwards to be inserted in your Regimental 
 Orderly Book, to the end that every Officer may be fully 
 apprized of His Majesty's sentiment upon the subject to 
 which this letter alludes, and particularly that Officers, who 
 are intrusted with commands, may be made sensible, that 
 it is incumbent on them, on no account, to permit any mis- 
 understanding which originates in point of duty, to become 
 a matter of personal dispute. 
 
 The Commander in Chief is persuaded that the Royal 
 approbation which has been so fully expressed to Major 
 General Coote will ensure the same line of conduct under 
 similar circumstances, from every Officer who entertains a 
 just sense of the duty he owes to himself and to society, 
 and is actuated by an earnest zeal for the good of His Ma- 
 
46 Andrew Armstrong. 
 
 jesty's service, which is best exemplified by a strict observ- 
 ance of discipline, and a due submission, on every occasion, 
 to the laws and government of his countiy. 
 I have, &c. 
 
 (Signed) H.CALVERT, 
 
 Adjut. General. 
 To the Officer commanding 
 the Regiment of 
 
 Horse Guards, 9,bth June, ISOO. 
 
 SIR, 
 
 I have received His Royal Highness the Com- 
 mander in Chiefs directions, to signify to you His Majesty's 
 most gracious approbation of your conduct, in respect to 
 Mr. Armstrong, late Major in the 11th Regiment of Foot. 
 
 His Majesty considers the conduct of Mr. Armstrong, 
 in having endeavoured to ground a personal quarrel, on the 
 evidence which you gave in conformity to your duty, on 
 your oath, before a General Court Martial, as militating not 
 less against the principle of Public Justice, than against the 
 discipline of the Army ; and His Majesty has been pleased 
 to direct, that it should be signified to you, in the strongest 
 terms, that by having had recourse to the laws of the coun- 
 try on this occasion, you have displayed a spirit truly com- 
 mendable as a soldier, and peculiarly becoming the station 
 you hold in His Majesty's service, to which you have ren- 
 dered a material benefit by furnishing an example, which 
 His Majesty has ordered to be pointed out as worthy the 
 imitation of every Ofiicer under similar circumstances. 
 
 In order that His Majesty's sentiments on this head may 
 be generally known, I have received His Royal Highness's 
 
John Read. 47 
 
 command, to transmit a copy of this letter, circular, to com- 
 manding Officers, with directions to cause it to be inserted 
 in the Books of Orders of their respective regiments. 
 I have. See. 
 
 (Signed) H. CALVERT, 
 
 Adjut. General. 
 To Major General Coote, 
 Sfc. 8sc. Sfc. 
 
 N.B. — In consequence of the evidence which M. General 
 Sir Eyre Coote gave at this Court Martial, Major Arm- 
 strong, after he had sold out of the army, sent a chal- 
 lenge, which was not only declined by the former, but 
 followed up by a criminal prosecution at law — Major 
 Armstrong was tried in the Court of King's Bench, found 
 Guilty, fined 30 marks, and sentenced to one year's im- 
 prisonment in the King's Bench Prison. — Editor. 
 
 LIEUTENANT JOHN READ.— 1799. 
 
 At a General Court Martial held in the town of St. Helier, 
 in the island of Jersey, on Monday, the 2d day of 
 September, and continued by adjournments to the 
 ] Sth day of the said month, by virtue of General Or- 
 ders issued by Major General Gordon, Lieutenant 
 Governor and Commander in Chief of the said island, 
 dated the 20th August, 1799. 
 
48 John Read. 
 
 CHARGES. 
 
 Charges exhibited against Lieutenant John Read, of His 
 Majesty's Wallace Regiment of Fencible Infantry, com- 
 manded by Colonel Sir Thomas Wallace Dunlop, Bart. 
 
 1st. For being absent from his guard between the even- 
 ing of the 22d and morning of the 2od instant, for several 
 hours, whilst Officer of the main guard. 
 
 2d. For drinking, whilst upon duty, with an Officer un- 
 der arrest, to intoxication, at a public-house. 
 
 3d. For returning with said Officer to his guard drunk, 
 and keeping him there with him all night, in contempt of 
 all discipline and good order. 
 
 4th. For speaking with contempt, and in a manner high- 
 ly disrespectful of his superior Officers, at various times. 
 
 5th. For neglect of duty when Officer of the main guard, 
 in not reporting the gross irregularities committed by his 
 guard. 
 
 OPINION. 
 
 The Court, after having fully considered the whole mat- 
 ter before them, came to the Opinion respecting the several 
 Articles preferred against Lieutenant John Read, of the Wal- 
 lace Regiment of Fencibles, as follows ; 
 
 With respect to the First Charge, viz. 
 
 " For being absent from his guard, between the evening 
 of the 22d and the morning of the 23d instant, for several 
 hours, while Officer of the main guard." 
 
 The Court is of Opinion, that Lieutenant Read is Not 
 Guilty. 
 
J. Read. 49 
 
 With respect to the Second Charge, vTz. 
 
 " For drinking, whilst upon duty, with an Officer under 
 arrest, to intoxication, at a public-house ;" 
 
 The Court is of Opinion, that Lieutenant Read is Not 
 Guilty. 
 
 With respect to the Third Charge, viz. 
 
 " For returning with said Officer to his guard drunk, and 
 keeping him there with him all night, in contempt of all 
 good order and discipline ;" 
 
 The Court is of Opinion, that Lieutenant Read is Not 
 Guilty. 
 
 With respect to the Fourth Charge, viz. 
 
 " For speaking with contempt, and in a manner highly 
 
 disrespectful, of his superior Officers, at various times ;" 
 
 The Court is of Opinion, that they cannot enter into the 
 examination of this Charge, as the subject of it appears to 
 have arisen out of the limits of the command of Major Ge- 
 neral Gordon, who convened this Court Martial. 
 
 With respect to the Fifth Charge, viz. 
 
 " For neglect of duty when Officer of the main guard, 
 in not reporting the gross irregularities committed by his 
 guard. 
 
 The Court is of Opinion, that Lieutenant Read is Not 
 Guilty. 
 
 And the Court does therefore acquit the said Lieutenant 
 John Read of all the said Charges, and he is hereby ac- 
 quitted thereof. 
 
 (Signed) THOMAS HOLMER, Lt; Col. R. A. 
 President. 
 
 THOMAS LE BRETON, 
 Peputy .^udge Advocate. 
 
.( 50 ,) 
 
 COLONEL JOHN COLBY.— 1800. 
 
 CHARGES 
 
 Preferred against John Colby, Esq. Colonel of the Royal 
 Pemljrokeshire Regiment of Militia, which were in- 
 vestigated by a General Court Martial held at Ply- 
 mouth Dock, on the 14th of March, 1800, and on 
 subsequent days. 
 
 1st. " Having contrary to his duty as Colonel of the 
 said regiment, and to the great prejudice of His Majesty's 
 Service, neglected and still continuing to neglect to provide 
 substitutes to replace George Freeman, James John and 
 David Morris, inlisted into the Royal Artillery, and William 
 John, entered into the Royal Navy, and discharged from 
 the regiment, in the year 1795, when the regiment was en- 
 camped at Hopton, in the county of Suffolk ; and having 
 embezzled and misapplied certain sums of public money 
 issued to him at the rate of ten guineas for each man, for. 
 the purpose of providing such substitutes." 
 
 2d. " Having, in the years 179S, and 1799, when the 
 privates of the said regiment, then quartered at Bristol, re- 
 ceived new arms, neglected to furnish the Serjeants and 
 drummers with swords, in conformity to His Majesty's re- 
 gulations, and his. Colonel Colby's, duty as the Colonel of , 
 the regiment." 
 
 Sd. " Havinj, from the year 1 796 to the present time, 
 unjustly withheld from the men of the two old ,compani«s 
 of the regiment, the first commanded by, him Colonel Col- 
 by, and the second by Lieutenant Colonel Scourfield, part 
 of their clothing or half mountings, and also for having un- 
 
J. Colby. 61 
 
 jusily withheld from the supplementary militia part of their 
 clothing, or half mountings, which should have been issued 
 to them with their clothing for the year 1798, and to which 
 they were entitled according t6 the regulations of the Ser- 
 vice, without making them any compensation for the same, 
 he, Colonel Colby, having received the usual Allowance 
 from Government for that purpose." 
 
 OPINION and SENTENCE. 
 
 The Court after a mature and deliberate investigation of 
 the several Charges preferred against Colonel Colby of the 
 Royal Pembrokeshire Militia, and upon due consideration 
 of the evidence and whole matter before them., are of Opi- 
 nion with respect to each Charge, as follows : 
 
 With respect to the latter part of the First Charge ; 
 
 " That of having embezzled and misapplied certain sums 
 public money therein mentioned, the Court are of Opinion, 
 that the Prisoner Colonel John Colby is Not Guilty ; but 
 vvith respect to the first part, viz, of having neglected to 
 provide substitutes to replace certain men therein named, 
 the Court are of Opinion that there has been some irregu- 
 larity and delay in the mode of complying with the direc- 
 tions of the Act of Parliament, and it appears to the Court, 
 that two men are still wanting to replace the men discharged ;• 
 and that the sum of twenty two pounds is now remain- 
 ing in the Paymaster's hands applicable to that purpose." 
 
 With respect to the Second Article of Charge, 
 
 The Courtis of Opinion, that Colonel John Colby is Not 
 Guilty, and do therefore acquit him. 
 
 With respect to the Third Article of Charge, 
 
 The Court is of Opinion, that the Prisoner Cplpnel John; 
 Colby is Guilty, inasmuch as he neglected to furnish the 
 
 E 2 
 
52 J. Colljy. 
 
 clotliing of the year 1797, to certain men of the two old 
 companies, which it was his duty to supply ; and permitted 
 them to be put under stoppages to provide clothing at their 
 own expense ; and that no stocks (eleven excepted) have 
 been furnished to the men of the regiment since the year 
 1 796, and the Court are further of Opinion that Colonel 
 Colby is highly culpaljle for having permitted the men of 
 the supplementary militia to provide regimental clothing at 
 their own expense in the summer of the year 1 798, and in 
 which they did duty until the month of April, 179^- 
 
 The Court Martial, upon considering of a Sentence ade- 
 quate to the offences of which it has been under the neces- 
 sity of convicting Colonel John Colby, do adjudge him to 
 be removed from the command of the Royal Pembrokeshire 
 Militia. 
 
 The Court, before they conclude these proceedings, feel 
 themselves bound to observe, that it appears by the evi- 
 dence before them, that the Prosecutors,- commanding 
 Companies, as well as others in the same situation, have 
 Concurred in the culpable conduct of putting soldiers under 
 stoppages to provide regimental clothing ; a practice highly 
 oppressive to the soldier, and prejudicial to His Majesty's 
 Service. 
 
 • His Majesty has at the same time noticed, that it would 
 have redounded more to the credit of the Prosecutors, if-in 
 an early stage of the business they had remonstrated against 
 the irregulatity of any men of the regiment being put under 
 stoppages, for-making good the purchase of clothing which 
 ought otherwise to have been provided for them, whereas, 
 on the contrary, the practice was suffered to continue un- 
 complained of, whilst the grievances subsisted, and has 
 lately after a considerable lapse of time been produced by 
 the Prosecutors as matter of momentous Charge against 
 
J. Ode. 53 
 
 'o 
 
 the Colonel, a line of conduct that naturallj' begets a sur- 
 mise, that some other motive has led to this accusation, 
 than that of relieving the soldiers, or of pure zeal for His 
 Majesty's Service. 
 
 The King adverting to this circumstance, and recognizing 
 also an approved service of Colonel Colby in the Pem- 
 brokeshire Militia, during a considerable period, has graci- 
 ously expressed concern at seeing occasion for removing 
 him from the command of that corps, but His Majesty 
 has deemed it necessary, in point of example, that the Sen- 
 tence of the Court Martial sHould take effect, for more 
 fully assuring to the soldiers every article of clothing, as 
 well as every benefit to which they are entitled, whether 
 claimed by them or not. 
 
 CHARLES MORGAN, 
 
 Judge Advocate General. 
 
 LIEUT. COLONEL JOHN OGLE.--1800. 
 
 CftARGES 
 
 Preferred against Lieutenant Colonel John Ogle, of the late 
 ]28th Regiment of Foot, which were investigated by 
 a General Court Martial lately held at Chatham Bar- 
 racks. 
 1st. Disobedience of an Order of Major General Hewitt 
 directing the Attestation of all the recruits of Lieutenant 
 Colonel Ogle's Levy, which Were inspected by him on the 
 12th of February, ISOO, to be forthwith lodged in the 
 Commandant's office, which Order was signified by Letter, 
 bearing date the 15th of the said month of February, from 
 Mpjor Kent,. Fort Major to the Garrison ^t Chatham^ 
 
54 J. Dalzell. 
 
 2d. Writing to the said Major Kent in Answer to tlie 
 Letter of the 15th of February, as well as in a subsequent 
 Letter of the 19th of the same month, as also in other Let- 
 ters, in terms highly disrespectful and offensive, to the ma- 
 terial prejudice of good order and military discipline. 
 
 3d. Writing to Lieutenant Peter Carey, Aid-de-Camp to 
 Major General Hewitt, a Letter of the 5th of this'instant; 
 March, and another Letter of the 9th of the same month, in 
 terms highly disrespectful and offensive, to the manifest pre- 
 judice of igood order and military discipline. 
 
 OPINION and SENTENCE. 
 
 The Court having duly considered the evidence adduced 
 on the part of the prosecution, and the Prisoner's defence, 
 is of Opinion that he is Not Guilty of the Third Article of 
 Charge, and doth therefore acquit him of the same : and 
 the Court is further of Opinion, that he is Guilty of the 
 First and Second Articles of Charge, and doth therefore 
 sentence him to be suspended from Rank and Pay for the 
 space of eighteen calendar months. 
 
 (Signed) CHARLES MORGAN, Judge Adv. Gen. 
 
 Hone Guards, 5th April, 1800. 
 
 N. B. Tliis Officer's rank, having been temporary it ceased 
 with the breaking up of the 28th Regt. in 1800. — Editor. 
 
 SUBGEON JAMES DALZELL.— 1800. 
 
 CHARGES and OPINION 
 Of a General Court Martial, held at Sunning Hill Wells, 
 n«ar Swinley Camp, in the county of Berks, on the 
 
J. Dalzell. '55 
 
 15th July, 1800, and continued by adjournment till the 
 19th of the same month, for the trial of Surgeon James 
 Dalzell, of the 32d Regiment of Foot. 
 
 The Court Martial, having duly considered and weighed 
 the whole matter before them, is of Opinion with respect 
 to the First Article of Charge, viz. 
 
 " Making use of unwarrantable and most offensive lan- 
 guage to Major James Wentworth Mansergh, his Com- 
 manding Officer, in an Assembly-room at Nassau, in the 
 island of New Providence, Bahama, and on the night of 
 the 28th December, 1797, by telling him, the gaid Major 
 Mansergh, that he was a damned rascal and Scoundrel, and 
 no Gentleman, and threatening to pull him by the nose, 
 and afterwards on the same night repeating the same lan- 
 guage, raising his hand in a threatening manner, and again 
 threatening to pull him, the said Major Mansergh, by the 
 nose ;" 
 
 That Surgeon Dalzell is Not Guilty, and doth therefore 
 acquit him. 
 
 With regard to the Second Article of Charge, viz. 
 
 " Having when under an arrest at large, on the evening 
 of the Sd of June, M9S, behaved to Major James Went- 
 worth Mansergh, his Commanding Officer, in a contemptu- 
 ous and disrespectful manner, by telling him in the pre- 
 sence of soldiers of tl^e S2d Regiment, in the barrack yard 
 of Fort CJharlotte, in the island of New Providence, Ba- 
 hama, that his (the said Major Mansergh's) command was 
 a damned rascally one, to the prejudice of good Order and 
 Military Discipline ;" 
 
 The Court is of Opinion, that Surgeon James Dalzell is 
 Not Guilty of having behaved to Major Mansergh in the 
 contemptuous and. disrespectful manner as stated in the said 
 Cliarge; but the Courtis of Opinion, that Surgeon Dal- 
 
56 W. Davis. 
 
 zell's manner of addressing Major Mansergh, his Command- 
 ing Officer, on the evening of the 3d of June, 1798, when 
 under an arrest at large by order of Major Mansergh, not- 
 witTistanding the observation made respecting him by Ma- 
 jor Mansergh in his conversation with Captain Davis,' wag 
 highly disrespectful and reprehensible, and doth therefore 
 adjudge that he do make an Apology to Major Mansergh 
 in the following terms, viz. " I do acknowledge that my 
 conduct to you, my Commanding Officer, on the evening 
 of the 3d of June, 1798, when under an arrest at large by 
 your order, was highly improper, and I do therefore Apo- 
 logize to you for having behaved so." 
 
 N. B. Surgeon Dalzell was appointed Surgeon to the 
 Forces in Ireland in 1 804. — Major Mansergh sold out 
 in September, 1800. — Editor. 
 
 CAPTAIN WILLIAM DAVIS.— 1800. 
 
 CHARGES and OPINION 
 
 Of a General Court Martial, held at Sunning Hill Wells, 
 
 near Swinley Camp, in the county of Berks, on the 
 
 22d July, 1800, and continued by adjournment till 
 
 the 25th of the same month, for the trial of Captain 
 
 William Davis, of the 32d Regiment of Foot. 
 
 The Court Martial, having duly considered and weighed 
 
 the whole matter before them, is of Opinion that Captain 
 
 William Davis, of the 32d Regiment of Foot, is Guilty of 
 
 the whole of the Charge exhibited against him, viz. 
 
 ** Abusing and making use of highly disrespectful and im- 
 
TV. Davis. 57 
 
 proper language to Major Mansergh, his Commanding Offi- 
 cer, on the evening of the Sd of June, 1798, iu the barrack- 
 yard of Fort Charlotte, in the island of New Providence, Ba- 
 hama, and also following the said Major Mansergh, on the 
 same evening, attempting forcibly to stop him, and in the 
 hearing and presence of part of the 32d Regiment of Foot, 
 and in the front of the regimental barrack guard, calling him, 
 the said Major Mansergh, adamned Rascal and a Scoundrel, 
 and at the same time raising his hand in a threatening man- 
 ner, to the prejudice of good Order and Military Disci- 
 pline ;" And doth therefore adjudge, that he, the said Cap- 
 tain Davis, be suspended from Rank and Pay for the term 
 of two years. 
 
 The Court having found Captain Davis Guilty of beha- 
 viour so subversive and detrimental to His Majesty's Ser- 
 vice, feel themselves called upon to observe, that Major 
 Mansergh's conduct has appeared to them highly reprehen- 
 sible, in not having supported his command with more pro- 
 priety and energy, and in suffering a conversation of such 
 violent tendency to be continued without putting a stop to 
 it in the first instance, and that they have been induced to 
 pass the Sentence they have done, as well from the consi-, 
 deration of the very long duration of Captain Davis's ar- 
 rest, as from the very violent manner in which Major Man- 
 sergh addressed him,, which, although they cannot consider 
 itas justifying Captain Davis's improper conduct to his Com- 
 manding Officer, the Court are led to believe, operated upon 
 his feelings so far as to throw him off his guard and betray 
 him into error, and that his conduct did not proceed from 
 intentional premeditation. 
 
 N. B. Captain Davis sold out in August, 1800. — Editor. 
 
( <58 ) 
 
 CAPTAIN JOHN BEAVER BROWN.— 1800. 
 
 Hor^e Guards, 8th August, 1800. 
 SIR, 
 
 I have the honour to transmit herewith for the 
 information of the regiment under your command, a Copy 
 of the Sentence of a General Court Martial, held for the 
 trial of Captain John Beaver Brown, of the 13th Regiment 
 of Foot; and have received His Royal Highness the Com- 
 mander in Chief's directions to acquaint you, at the same 
 time, that His Majesty has confirmed the Adjudication of 
 the Court Martial with respect to Captain Brown's asking 
 Pardon of Major Dana, and also with respect to the Sus- 
 pension from Rank and Pay; but His Majestj' is pleased to 
 dispense with the Reprimand, awarded hy the Court ; not 
 because His Majesty s«es cause for any mitigation of the 
 Sentence^ which, regard being had to the enormity of the 
 dffence^ appears to His Majesty to have been lenient in the" 
 ext*«Kie, 'but inasmuch as the Suspension-virtually conveys 
 a strong reprobaitian of the Prisoner's conduct. 
 
 Officer Commanding 7 HARRY CALVERT, 
 
 the Regt. of i Adjutant General. 
 
 CHARGES and OPINION 
 
 Of a General Court Martial held at Southampton Barracks 
 on the 4th of July 1800, and on subsequent days, for 
 the trial of Captain John Beaver Brown, of the 13th 
 Hegiment of Foot, 
 
J. B. Broien. 59 
 
 Charged with " Having on the 20th day of June last, 
 (being the same day, on which he had in the presence of 
 Lieutenant Colonel Laurence Bradshaw, of the same regi- 
 ment, made an apology for hasty and disrespectful expressions 
 to Major Dana, of the said regiment, his superior Officer, 
 and almost immediately after the same) accosted him, the 
 said Major Dana, again in most offensive and provoking 
 terms, evidently calculated to excite a Challenge from him 
 (Major Dana) to fight a Duel." 
 
 The Court having maturely weighed and considered what 
 hath appeared before them in evidence during the course of 
 the prosecution, as well as what the prisoner, Captain John 
 Beaver Brown, hath urged in his defence, is of Opinion, 
 that he is Guilty of the crime laid to his charge ; which 
 being a breach of the Articles of War, they do in consequence 
 adjudge him, the said Captain John Beaver Brown, to ask 
 pardon of Major Dana, in the presence of his Commanding 
 Officer, to be suspended from Rank and Pay for the space of 
 three calendar months, and to be reprimanded in such man- 
 ner as His Royal Highness the Commander in Chief shall be 
 pleased to direct. And the Court have been induced to pass 
 this very lenient Sentence, in consequence of the very 
 honorable character which has been given of the prisoner as 
 an Officer and a Gentleman, and being satisfied that the 
 extreme impropriety of the prisoner's conduct arose from 
 the warmth of his temper, and the momentary impulse of 
 passion. 
 
 N. B. Captain Brown sold out in 1806. — Editor. 
 
( 60 ) 
 CAPTAIN GEORGE BRUHL.— 1800. 
 
 Horse Guards, \oth Jugust, 1800. 
 SIR, 
 
 I have the honor to annex a Cppy of a Letter from 
 the Judge Advocate General, containing the Sentence of a 
 General Court Martial, on Captain Bruhl, Lieutenant in the 
 3d Regiment of Foot Guards, which His Royal Highness 
 the Commander in Chief directs to be declared to the regi- 
 ment under your command. 
 
 Officer Commanding ? HARRY CALVERT, 
 
 the Regt. of J Adjutant General. 
 
 Judge Advocate GeneraFs Office, \%th August, 1800. 
 
 SIR, 
 
 I have had the honor of submitting to the King 
 the proceedings of a General Court Martial held at Sunning- 
 Hill Wells, near Swinley Camp, in the county of Berks, on 
 Friday the 1st, and continued by adjournments until Tuesday 
 the 5th of this instant, August, upon the trial of Captain 
 George Bruhl, a Lieutenant of the 3d Regiment of Foot 
 Guards, charged with " being'drunk on Thursday afternoon, 
 the 17th day of July last when.on duty, on the King's Guard 
 Cumberland Lodge, in Windsor Great Park." 
 
 Of which crime the Court has found him Not Guilty. 
 Captain Bruhl having alleged, that he had been for some 
 time in the course of taking laudanum, and had on the. day 
 next preceding the day to which this Charge applies, impru- 
 dently taken a larger quantity than usual, which together 
 with the extreme heat of the "weather and- the fatigue he had 
 
G. Bmhl. 61 
 
 undergone during six hours, overcame hlin, and brought on 
 a Somnolency, which he could not resist, and further that 
 his having been suddenly avfakened from a deep sleep, and 
 the confusion naturally arising from his being instantly 
 charged with so serious a crime bewildered him, and may 
 have produced the semblance of being inebriated, but which 
 he most solemnly averred was not the fact, and he adduced 
 the testimony of several Officers, who having seen and con- 
 versed with him at different times in the course of the after- 
 noon and evening, did not notice any symptoms which led 
 them to consider him as intoxicated or unfit for duty. 
 
 And I am commanded to express, that His Majesty cannot 
 but remark that the testimony given in proof of the charge 
 is positive, the result of a personal observation made at the 
 precise time in question, by witnesses who are above all 
 suspicion of wilful misrepresentation, or of a wish to ex- 
 aggerate, and whose Opinion so formed, received no small 
 degree of confirmation from the circujnstance of Captain 
 Bruhl not having then remonstrated against the imputation, 
 nor offered a negative thereto; His Majesty is however dis- 
 posed to acquiesce in the decision of the Court Martial, who 
 have inclined to the lenient side of the question, and is pleased 
 to direct, that Captain Bruhl be released from his arrest, 
 and restored to the functions of his commission. 
 
 C. MORGAN. 
 
 H. R. H. The Duke of York, 
 
 Field Marshal, and Commander in Chief. 
 
 N.B. This Officer sold out in 1807.— Editor. 
 
( 62 ) 
 
 MAJOR ROBERT Wm. OTTLEY.— 1800. 
 
 Horse Guards, IQtK October, ISOO. 
 SIR, 
 
 I have the honor to transmit herewith for the in- 
 formation of the regiment under your command, a Copy of 
 the Charges preferred against Major Ottley, of the 85th 
 Regiment, by Lieutenant Colonel Ross of the same corps, 
 before a General Court Martial convened on the 13th of 
 August last, together v^ith the Opinion of the Court respect-- 
 ing the same; and I am directed by His Royal Highness the 
 Commander in Chief to acquaint you, that His Majesty has 
 been pleased entirely to approve the Opinion of the Court 
 Martial respecting the whole of the Charges exhibitedagainst 
 Major Ottley. 
 
 Officer Commanding 1 HARRY CALVERT, 
 
 the Regt. of • J Adjutant General. 
 
 COPY OF THE CHARGES 
 
 Preferred against Major Robert William Ottley of the 85th 
 
 Regiment by Lieutenant Colonel John Ross of the 
 
 same regiment, -which were investigated by a General 
 
 Court Martial held at Sunning-Hill Wells, near Swinley 
 
 Camp, in the county of Berks, on the 13th day of 
 
 August, and continued by adjournment, till the l6tli 
 
 day of October, 1800, together with the Opinion of the 
 
 said Court Martial. 
 
 1st. Disobedience of Orders, and unsoldierlike conduct, 
 
 in neglecting to disembark three companies of , the 85th 
 
 Regiment under his command, in the Latona Transport off 
 
 the coast of Holland^ oa^e morning of the 27th of August 
 
R. W. Ottley. 63 
 
 last, 1799, with that promptitude and alacrity which the 
 service requires ; and for Disobedience of Orders and Un- 
 soldierlike Conduct in neglecting to lead the same three 
 companies into action on disembarkation on the beach, with 
 the promptitude and alacrity which the service requires, and 
 detaining Lieutenant Jordan with tlie company under his 
 command on the beach. 
 
 2d. Leaving the regiment when going into action in Hol- 
 land, on the morning of the 27th of August last, and shame- 
 fully abandoning Lieutenant Jordan and retreating into the 
 rear, after having ordered him to advance (contrary to orders 
 given that Officer) and attack a very superior force, and at a 
 time when his assistance could have been of the utmost 
 utilitity in leading up the said company, and enabling Lieu- 
 tenant Jordan to rally that part of it which had fallen back 
 on commencing the attack under a very superior fire; and 
 for making no report of the steps he had taken totlie Com- 
 manding Officer. 
 
 3d. Ordering Lieutenant CampbeD, with the Pioneers 
 of the 85th Regiment into action, on the 27th of August 
 last, in Holland, in direct opposition to the commanding 
 Officers orders ; for shamefully abandoning them after giving 
 that order; and for making no report thereof to the com- 
 manding Officer of the regiment. 
 
 4th. Shameful disobedience of the orders of the com- 
 manding Officer of the 85th Regiment, to lead into action, 
 on the 27th of August, 1 799, in Holland, a part of the same 
 regiment, ata time when thebody of it, under the directions of. 
 the commanding Officer, was warmly engaged in front, and 
 for keeping the said men concealed under shelter of a sand 
 bank, after having received orders to advance. 
 
 5th. Shamefully quitting part of the 85th Regiment that 
 same day, on receiving only a trifling wound; for embarking 
 
64 R. W. Ottley. 
 
 on board a vessel, and returnmg to England on the 28th of 
 August, or soon after, without the leave of the commanding 
 Officer, or consulting either of the Surgeons of the regiment, 
 and for neglecting to join his regiment again whilst on actual 
 service, and also for neglecting and evading to join his regiment 
 after its landing in England, on or about the 3d of November 
 last, he having no good or sufficient reason for his absence. 
 
 6th. Shameful and dishonorable conduct, in advising and 
 endeavouring to prevail on Captain MTntosh of the 85th 
 Regiment to embark from Holland, on the 27th of August 
 last, and return to England without the leave of his Com- 
 manding Officer, at a time when his regiment was most 
 warmly engaged, and when his services were particularly 
 required. 
 
 7th. Traducing and talking disrespectfully of the major 
 part of the Officers of his regiment at SwafFham in Norfolk, 
 between the 14th of November, and the 14th of December, 
 last. 
 
 8th. Joining with Lieutenant George Etherington,. and 
 Lieutenant John Alexander Grant of the 85th Regiment, 
 (while they were under arrest at Swaffham in Norfolk, in 
 talking disrespectfully of the commanding Officer, and 
 shamefully applying to him the most gross epithets, after 
 the said Major. Ottley had retired to the, apartments of 
 Lieutenants Etherington and Grant, from the mess room of 
 the '85th Regiment at SwafFliam, on some one of the days,; 
 between the 14th of November, and the 14th of December,, 
 last. 
 
 opinion; 
 
 The. Court Martial, having duly weighed the evidence 
 given in support of the First, Second, Third, Fourth, Fifth, 
 Sixth, and Seventh Articles of Charge preferred against 
 Major Robert William Ottley, with that whicji has been 
 adduced by. him in his defence, is of opinion that he is Not 
 
W. Biaybrooke. 65 
 
 Guilty of any one of the said Articles of Charge, and 
 doth therefore moat fully, and most honorably acquit him 
 of each and of every part thereof. 
 
 The Court Martial after an adjournment, occasioned 
 ty the absence of one of the principal evidences called on 
 by Lieutenant Colonel Ross, in support of the Eighth Article 
 of Charge against Major Ottley, proceeded on the l6th of 
 October to the consideration of the said Article, on which 
 the court doth acquit Major Ottley, the same not having 
 been proved tb their satisfaction. 
 
 N. B. See page 80, for the particulars of the Court 
 Martial held upon Lieutenant Colonel Ross. — Editor. 
 
 QUAR. MAST. Wm. BRA YBROOKE.— 1800. 
 
 Horse Guards, I8th August, 1800. 
 SIR, 
 
 I have the honor herewith to transmit to you the 
 Sentence awarded by a Detachment Court Martial, held at 
 the camp in Windsor Forest, against Quarter Master Bray- 
 brooke of the First, or Royal Regiment of Dragoons, which 
 the Commander in Chief directs to be communicated to the 
 regiment under your orders. His Royal Highness desires 
 you will at the same time explain to the regiment, that the 
 transaction to which the Court Martial adverts, appears to 
 His Majesty so essentially prejudicial to military discipline, 
 that, notwithstanding the long and meritorious services of 
 Quarter Master Braybrooke and the strongest testimony of 
 
66 W. Bxaybrooke. 
 
 his fotmer goo4 con4uot from many respectable Ofljcersj 
 His Majesty has though); fit to confirm the Sentence, hj 
 which he is reduced to the ranlf and pay qf, a private dragopii; 
 and although his Miyesty has been graciously pleased' to 
 dispense with any proceedings ags^inst the other Quarter 
 Masters who are implicated in the same oflfence with Quar- 
 ter Master Braybrooke, under t^e persuasion that thg con- 
 trition they have. expressed, arises fi'pm a deep and just sense 
 of their misdemeanor; this fprbearance on the part of His 
 Majesty results entirely from the royal clemency; for His 
 Majesty considers their conduct to have been equally un- 
 soldierlike and improper, and such as would have justified an 
 extension of punishment to qach individual. 
 
 His Royal Highness has further, commanded me to desire, 
 that you will, on this occasion, warn the Officers and men 
 of the regiment upder your command, that though in the 
 present instance His Majesty has been graciously pleased 
 to give no further mark of his disapprobation, than by the 
 confirmation of the Sentence awarded against Quarter Master 
 Braybrooke, yet any individual, who may hereafter be, in 
 any ahape, concerned in transactions of a similar nature, will 
 feel the full force of His Majesty's highest displeasure. 
 
 Officer Commanding } HARRY CALVERT, 
 
 thei Regt. of y Adjutant Genera],. 
 
 CHARGE 
 
 Preferred against Quarter Master William Braybrooke, of 
 the 1st, or Royal, Regiment- of Dragoons. 
 
 For disorderly and unsoldierlike behavioiu-, in having met 
 and, signed a petition to the Commander in Chief, together 
 with Quarter Masters John Hart, John Nickson, H. E. Ballj 
 Samuel. Street, Charles Rumby, Samuel Bateman, Ja^es 
 Scott, John Dieuthwswte, and John Pries, of the 1st Dxagoon 
 
T. Hartley . 67 
 
 Guards; Quarter Masters Edward Bolton, Perch Sp'ours, 
 John Evans, Michael Lettington, H. Hodge, Richard Broad, 
 James Woodhouse, and Thomas Warwick, of the 3rd 
 Dragoon Guards; Quarter Masters Thomas Coults, Richard 
 Harlem, Thomas Fitzsimons, James Gill, Edward Riddan, 
 and James Connor, of the 5th Dragoon Guards; Quarter 
 Masters Alexander Thistlewaite, John Cox, John Bennet, 
 Samuel Goddard, James Harrison, James Burt, Silvester 
 Eraser, Henry Kent, and Nathaniel Ekersley, of the 1st 
 (or Royal) Dragoons ; Quarter Masters John Brenan, Sholta 
 Sorlie, Thomas M'Cam, John Stitt, Joseph Wright, John 
 Robinson, John Babington, and Henry Smith, of the 
 14th Light Dragoons; E. Hughes^ John Laveny, William 
 Adridge, and C. Murdock, of the 17th Light Dragoons; or 
 Some of them, without the knowledge of their several 
 Commanding Officers in- camp, to the prejudice of good 
 order and military discipline. 
 
 SENTENCE. 
 
 The prisoner. Quarter Master William BrayTirooke, 
 having acknowledged himself Guilty of the crime laid 
 to his charge, and the same being a breach of the second 
 article of the 24th section of the Articles of War, the Court 
 do adjudge him to be reduced to the rank and pay of a 
 private. 
 
 LIEUT. & PAYM. T. HARTLEY.— 1800. 
 
 CHARGE . 
 
 Preferred against Lieutenant and Paymaster Thomas Hart 
 ley, of the 1st Royal Regiment of Tower Hamlets 
 
68 T. Hartley. 
 
 Militia, before a General Court Martial, held at the 
 Royal Hospital at Chelsea, on the 2d and 4th days of 
 October, ISOO, with the Opinion and Sentence of the 
 Court thereupon. 
 
 For having contrary to his duty as Paymaster, and to the 
 express orders of the Colonel of the regiment, received 
 money by way of gratuity from William Carter, Baker at 
 Edmonton, on or about the 25th or 26th of May last, and 
 from Thomas Dalby, Butcher of Grub Street, Mooriields, 
 about the latter end of May last, both of whom had con- 
 tracted to supply provisions for the soldiers of the regi- 
 ment. 
 
 OPINION AND SENTENCE. 
 
 The Court Martial having duly weighed and considered 
 the whole matter is of opinion, that Lieutenant and Pay- 
 master Thomas Hartley, of the 1st Royal Regiment of 
 Tower Hamlets Militia, is Guilty of having contrary to 
 his duty, as Paymaster, and to the express orders of the 
 Colonel of the regiment, received money, by way of gratuity, 
 from William Carter, Baker at Edmonton, on or about the 
 25th or 26th of May last, who had contracted to supply the 
 said regiment with bread. 
 
 With respect to the other part of the Charge preferred 
 against Lieutenant and Paymaster Hartley, viz. ' Having 
 received money by way of gratuity from Thomas Dalby, 
 Butcher of Grub Street, Moorfields, who had contracted to 
 supply tlie regiment with meat ;' 
 
 The Court is of Opinion, that Lieutenant and Paymaster 
 Hartley is Guilty of having received money from Mr. 
 Dalby, professedly for the purpose of its being given to 
 Lieutenant Scott, the Quarter Master of the regiment, and 
 although the money so jeceived by Lieutenant Hartley was 
 
W. A. Blakeney. 69 
 
 afterwards returned by him to Mr. Dalby, that Lieutenant 
 Hartley is highly criminal in encouraging and endeavouring 
 to promote a practice inconsistent with the duty of either a 
 Paymaster, or a Quarter Master, (a practice which the Court 
 strongly reprobates) whether the Commanding Officer had 
 given any orders relative to the not taking a per centage upon 
 tradesmen's bills, or not. 
 
 And the Court doth upon the whole matter adjudge, that 
 the said Lieutenant aqd Paymaster Thomas Hartley be. 
 suspended from the employment and pay of Paymaster, and 
 from the rank and pay of Lieutenant for the term of twelve 
 calendar months. 
 
 His Majesty has been pleased to approve of the decision 
 of the Court Martial. 
 
 HARRY CALVERT, 
 
 Adjutant General. 
 
 N. B. This Officer remained in the regiment until it was 
 disembodied in 1802. — Editor. 
 
 LIEUTENANT BLAKENEY.— 1800. 
 
 CHARGES 
 
 Preferred against Lieutenant William Aug. Blakeney, of 
 the 85th Regiment of Foot, before a General Court 
 Martial, held in the Island of Jersey, on the 10th of 
 October 1800. 
 
 1st. Disobedience of orders towards Captain Emerson, 
 on the evening parade of the 4th of the same month of 
 
70 R. Barnes. 
 
 Octpher, by refusing to confine a prisoner ip the Guard 
 Hon,5e. 
 
 %d. Contempt and disobedience of orders towards Lieu- 
 tpij,ant Colonel Lee, hi^ commanding Officer, by refusing to 
 confine the same prisoner. 
 
 SENTENCE. 
 
 The Court Martial, upon consideration of the whole 
 matter, acquitted the said Lieutenant Blakeney, of contempt 
 towards Lieutenant Colonel Lee, but found him Guilty 
 of the disobedience of orders, in both the instances specified, 
 and adjudged, that he be suspended from rank and pay for 
 the space of four calendar months. 
 
 His Majesty having been pleased to confirm the said 
 Sentence, His Royal Highpess the Commander in Chief 
 directs that the Charges above stated, together with the 
 Sentence of the Court, shall be inserted in the Orderly 
 Books of every regiment. 
 
 By order of His Royal Highness. 
 HARRY CALVERT. 
 
 N. B. This Officer remained with the regiment until 
 1803, when he died. — Editor.- 
 
 QUARTER MASTER R. BARNES.— 1800. 
 
 CHARGES 
 
 Preferred against Quarter Master Richard Barnes of the 
 Royal Regitnent of Horse Guards, before a General 
 
R. Barnes. 71 
 
 Court Martial held at the Royal Hospital Chelsea, on 
 the 9th day of November, 1800. 
 
 " For having embezzled or misapplied money intrusted 
 to him for the purchase of forage for certain troops of the 
 regiment, when in Sheffield Barracks, between the ST'th of 
 March, and Ifhe 24th of May 1800, by charging to Govem- 
 mettt atid reteiving a sum exceeding the sum at which such 
 forage was actually purchased, to the amount of thirty seven 
 ponnds, eleven shillitigs, and six-pence. Or thfeVeabouts, and 
 retaining such excess, attd appropriating the same to his 
 own use." 
 
 The Court Martial, after duly weighiiig the evidence ad- 
 duced in support of die above Charge, is of Opinion, that 
 Quarter Master Richard Barnes is Not Guilty of the 
 same, and does therefore honorably acquit him. 
 
 His Majesty has been pleased to approve the Opinion of 
 the Court, and further gratiously to express satisfaction, 
 that by a jVidicial investigation of the business any slur, 
 *rhich might otherwise possibly have attached to the charac- 
 ter of the defendant, has been effectually dotte away. 
 
 His Royal Highness the Commander in Chief directs 
 that the Chalrge above stated, together with the Opinion of 
 the Court, and His Majesty's gracious approbation thereof, 
 shall be inserted in the Orderly Book of every regiment. 
 
 iSy order of His Royal Highness. 
 
 HARRY CALVERT, 
 
 Adjutant General. 
 
{ 72 ) 
 LIEUT. RICH. HUDSON.— 1800. 
 
 CHARGES 
 
 Preferred against Lieut. Rich, Hudson, of the 49th Regiment, 
 before a General Court Martial, held in the Island of 
 Jersey, on the 10th, 11th and 12th days of December, 
 1800. 
 
 " For having behaved in a manner unbecoming an Offi- 
 cer and a Gentleman, on the evening of the 22d of No- 
 vember, 1 800 ; in grossly abusing, threatening and ill-treat- 
 ing Ensign Rawlins, of the same regiment." 
 
 The Court Martial adjudged Lieut. Rich. Hudson to be 
 publicly Reprimanded by the Commander in Chief, in 
 the Island of Jersey, and to be suspended from Rank and 
 Pay for the space of six calendar months. 
 
 His Royal Highness the Commander in Chief directs it 
 to be declared, that on the proceedings of this Court Mar- 
 tial being submitted to the King, His Majesty expressed 
 much concern, at having in several late instances had oc- 
 casion to remark the difficulties and disgrace to which Of- 
 ficers have exposed themselves, by indulging in liquor to a 
 degree of excess and inebriation ; and that in the present 
 case, wherein both Lieut. Hudson and Ensign Rawlins 
 appear to have been much to blame ; His Majesty has 
 thought proper to direct, that it be notified to the said Of- 
 ficers respectively, that His Majesty has not any further 
 occasion for the service of the former as Lieutenant, and 
 of the latter as Ensign, in the 49th Regiment of Foot. 
 
 The Commander in Chief directs, that the Charge above 
 stated, together with the Sentence of the Court, and His 
 Majesty's pleasure thereupon, shall be inserted in the Or- 
 derly Book of every regiment. 
 
 By Order of His Royal Highness. 
 
 HARRY CALVERT. 
 
( 73 ) 
 
 ENSIGN HARRINGTON.— 1801. 
 
 CHARGE 
 
 Preferred against Ensign Harrington, of the 40th Regi- 
 ment of Foot, before a General Court Martial, held 
 at Portsmouth, on the 2d day of January, 1801. 
 
 " For having disobeyed a positive Order of Major Gene- 
 ral Whitelocke, his Commanding Officer, by frequently 
 coming into the Garrison of Portsmouth, betveeen the 5th' 
 and l6th of December last, which he had been enjoined by 
 the said order not to do upon any account." 
 
 His Majesty having thought fit to confirm the Sentence 
 of the Court Martial, whereby Ensign Harrington was ad- 
 judged to be dismissed His Majesty's Service, His Royal 
 Highness the Commander in Chief directs that the Charge 
 above stated, together with the Sentence of the Court, and 
 His Majesty's confirmation thereof, shall be inserted in the 
 Orderly Book of every regiment. 
 
 By order of His Royal Highness. 
 
 HARRY CALVERT. 
 
 PAYM. SAMUEL SPRIGLEY.— 1801. 
 
 CHARGES 
 Preferred against Paymaster Sainuel Sprigley, of the 
 13th Regiment of Light Dragoons, befo/e a General 
 
74 S. Sprigley. 
 
 Court Martial, held at Colchester, on the 12th and 
 13th of January, 1801. 
 
 " For Misconduct in his Public Capacity of Paymaster ; 
 
 " 1st. In having, on the 13th day of August last, drawn 
 upon the Agents (as represented by them to the War Office) 
 for so large a sum as Six Thousand Pounds, although he 
 then had, or ought to hav« had in his hands, considerably 
 moie of the PuWic Monies th^ sufficient for the demands 
 of the regiment up to the 24th of that month. 
 
 "2d. In not having given credit for his said draft in the 
 Public Accounts for the period in which its amount was 
 received. 
 
 "3d. In having misapplied a large portion of the Monies 
 drawn by him for the Public Service of the regiment, in 
 advances to the Officers of the corps on their Private Ac- 
 counts, in consequence of which misapplication, the service 
 for which the said Monies were professedly received, re- 
 mained unsatisfied, and it became necessary to issue a fur- 
 ther sum for the Subsistence and the Expences of the regi- 
 ment." 
 
 The Court, having maturely weighed and considered the 
 whole matter before them, came to Opinion on the several 
 parts of the Charge, as following, viz. 
 
 With respect to the first part of the Charge, namely, that 
 of the Prisoner's having drawn upon the Agents for so large 
 a sum as Six Thousand Pounds, on the iSth of August, 
 1 800, although he ought then to have had in his hands con- 
 siderably more of the Public Monies than sufficient for the 
 demands of the regiment, up to the 24th of that month, the 
 Court is of Opinion that the Prisoner is Not Guilty, it ap- 
 pearing by the statement produced by the Prisoner, and 
 which the Agent's Clerk acknowledges to be a just ac- 
 
«S. Spri^ey. 75 
 
 count, that there was a Balance in the Prisoner's favor, 
 iipoD the whole of the Disbursements, up to the 24th of 
 August, 1 806, of One thousand two hundred and eighty 
 pounds, four shilliings and a half, previous to the payment 
 of that draft by the Agent, and the Court doth accordingly 
 acquit the Prisoner of that part of the Charge. 
 
 With respect to the Second part of the Charge, namely, 
 for not having given Credit for his said di-aft for the period 
 ip which its amoUnt was received, the Court is of Opinion 
 that the Prisoner is Not Guilty, inasmuch as he included 
 it in the Accounts of the following month, and it was not 
 paid until after the period of closing the Accounts for the 
 month of August, tlie Court doth therefore acquit the Pri- 
 soner of that part of the Charge. 
 
 With respect to the last part of the Charge, namely, for 
 having misapplied a large portion of the Monies drawn by 
 him for the Public Service of the regiment, in advances to 
 the Officers of the corps on their Private Accounts, in 
 consequence of which misapplication, the service for 
 which the said Monies were professedly received remained 
 unsatisfied, and it became necessary to issue a further sum 
 for the Subsistence and the Expences of the regiment, the 
 Court is of Opinion, that the Prisoner is Guilty of having 
 misapplied the Public Monies, by advances to the Officers 
 of the regiment on their Private Accounts (but with no dis- 
 honourable intention, or advantage to himself); and the 
 Court doth therefore adjudge that the Prisoner, the said 
 Paymaster Sprigley, be reprimanded by the Commanding 
 Officer of the regiment to which he belongs, and that he 
 make restitution of such Monies, as by the Accounts of the 
 Committee of Paymastership appear to be due to the Agents 
 by him, up to the 24th October, 1800. The Court cannot 
 
76 S. Sprigley. 
 
 close, their proceedings without remarking the very respec- 
 table testimonies that have appeared- so highly in favor of 
 the Prisoner's character for probity,- and honorable con- 
 duct, as well in his public as his private capacity, 
 , His Majesty has been pleased to approve the Opinion of- 
 the Court Martial, in acquitting the defendant upon two 
 of the points instanced in the Charge which was preferred 
 against him, and has also thought fit to confirm the Sen- 
 tence of the Court Martial, in respect of the Third Article,^ 
 whereof he was found Guilty ; which Sentence, His Ma- 
 jesty has remarked, appears- to have been extremely lenient, - 
 because, although His Majesty is graciously disposed to 
 give full credit to the respectable testimonies adduced in favor 
 of Paymaster Sprigley's general character, and is persuaded 
 that he was not actuated by any base or dishonourable mo- 
 tive, it was not however a light offence (although no ulti- 
 mate loss could ensue) to divert the application of Money 
 entrusted to him, as Paymaster, from the purposes for which 
 it was issued, thereby disappointing and impeding the Pub- - 
 lie Service, 
 
 His Royal Highness the Commander in Chief directs ' 
 that the Charges above stated, together with the Opinion 
 of the Court, and His Majesty's observation thereupon, 
 shall be inserted in the Orderly Book of every regiment. 
 
 By Order of His Royal Highness. 
 
 HARRY CALVERT. 
 
 N. B, This Officer remained Paymaster of the Regiment 
 until 1806, when he was dismissed. — Editor. 
 
( 77 ) 
 QUA. MAST. SELWAY.-1801. 
 
 Judge Advocate General's Office, 6th May, 1801. 
 SIR, 
 
 I have had the honour of submitting to His Ma- 
 jesty the proceedings of a General Court Martial, held at 
 Colchester Barracks, on the 4th day of April last, when 
 John Selway, Quarter Master to the Light Infantry 
 Battalion of Guards, was tried upon the following Charge, 
 viz. " Bringing a false Return to Colonel Calcraft for his 
 signature for Extra Price of Meat for the Battalion, from 
 the 27th of January to the 23d of February, 1801, both 
 days inclusive," and being found Guilty, was adjudged to 
 be cashiered, and esteem it my duty to acquaint your RoyaH 
 Highness, that His Majesty has thought fit to confirm the 
 said Sentence, which has this day been signified to Lieute- 
 nant General Balfour, under whose authority the Court 
 Martial was held. 
 
 CHARLES MORGAN. 
 
 To F.M. the Duke of York, 
 
 Sfc. 8;c. &;c. 
 
 N. B. Mr. Selway is since dead. — Editor, 
 
 CAPT.MASTERTON ROBERTSON.— 1801. 
 
 Judge Advocate GeneraPs Office, May 6th, 1801. 
 SIR, 
 
 I have had the honour of obtaining His Majesty's 
 pleasure, touching the proceedings of a General Court 
 
78 ill. Robertson. 
 
 Martial held at Edinburgh, on the 5th, 6th and 7th of Fe- 
 bruary last, for the trial of Captain Masterton Robertson, 
 of the 1st Regiment of North British Militia, together with 
 a' recommendation firom the Court Martial, and esteem it 
 my duty to acquaint your Royal Highness, that His Ma- 
 jesty upon the whole has dieemed it necessary, that the 
 Sentence of the Court Martial should take effect, (but 
 without an imputation of Captain Robertson's coildlict hav- 
 ing been either scandalous or infamous,) a correct tran- 
 script thereof, as also of the Charges, is hereunto annexed, 
 which has this day been signified to Lieutenant General 
 Vyse, under whose authority the Court Martial was Held. 
 
 CHARLES MORGAN, 
 To F, M. the Duke of York, 
 
 Sfc. 8fc. S^e. 
 
 CHARGES 
 
 Preferred against Captain Masterton Robertson of the 
 North British Militia, by Major Robert Campbell, of 
 the same regiment, at a General Court Martial held at 
 Edinburgh on the 5th, 6th, and 7th of February, 1801; 
 together with the Sentence of the Court Martial. 
 
 1st. For behaving in a manner unbecoming the character 
 of an OfHcer and a Gentleman, in the mess room at Dalkeith, 
 to the Officers of: the regiment to which he belongs on the 
 evening of the 1st of December last, or on one or other of 
 the days in that month, or of the month of November pre- 
 ceding, particularly in abusing; first bywords, and afterwards 
 by blows and other outrages, on the occasion above alluded 
 to; another Officer of the same regiment: all in breach of 
 the Articles of War. 
 
M. Robertson. 79 
 
 2d. For breach of arrest on the night of the day the 
 circumstances a,bove mentioned bad taken place, or early 
 on the morning of the following day, in leaving his room or 
 quarters, and going to the room or quarters, of Captain 
 Gillespie of the said regiment, in breach of the Articles of 
 War. 
 
 3d. For ungentlemanlike behaviour in so far as he was 
 guilty of a breach of faith in returning to the said regiment 
 at Dalkeith, in reporting himself present to his Commanding 
 Officer on the 3 1 st December last, and demanding to do duty 
 •with the regiment, after having obtained leave of absence 
 from his said Commanding Officer, on the 4th of the said 
 month (December), under the express condition, as specified 
 in Captain Robertson's letter to Major Campbell of that 
 date, that' he would send in his resignation: all in breach of 
 the articles of war. 
 
 SENTENCE. 
 
 The Court having considered the evidence and the whole 
 matters before them, are of Opinion. 
 
 On Charge 1st. — That it is proved that the prisoner be- 
 haved in a most outrageous and unbecoming manner, in 
 abusing, .first by words, and afterwards by blows, liiieutenant 
 Grant, of th« North British Militia and therefore that the 
 prisoner is Guilty of the said Charge. 
 
 On Charge 2d. — The Court are also of Opinion, thatths 
 prisoner is Guilty, of having broken his arrest on the night 
 of the 1st day of December last, in leaving his own room 
 or quarters, and going to the quarters of Captain Gillespie. 
 
 On Charge 3d. — The Court are likewise of Opinion that 
 th« prisoner is Guilty in respect that he applied by letter* 
 for, and obtained leave of absence for the express purpose 
 of transmitting his resignation, and that lie afterwards returned 
 
80 ■ John Ross. 
 
 within the period of the said leave without transmitting any 
 siich resignation and insisted to be restored to his duty, 
 thereby becoming Guilty of a breach of faith, pledged by 
 ;the letter above mentioned. 
 
 The Court therefore on the whole matters before them, 
 are of opinion, that the prisoner ought to be Cashiered, and 
 he is hereby Cashiered accordingly. 
 
 LIEUT. COLONEL JOHN ROSS.— 1801. 
 
 Judge Advocate GeneraFs Office, 
 
 Grafton Street ^ 7th May, 1801. 
 SIR, 
 
 The proceedings of a General Court Martial, held 
 at Newport in the Isle of Wight, on the l6th day of March 
 last, and on several subsequent days, having been submit- 
 ted to His Majesty, by which Court Martial Lieutenant 
 Colonel John Ross, of the 85th Regiment of Foot, was 
 tried upon several Charges preferred against him, by certain 
 Officers of the same regiment, a transcript whereof,, toge- 
 ther with the Opinion and Adjudication of the Court Mar- 
 tial, is to this letter annexed. 
 
 . I have the honour to acquaint your Royal Highness, that 
 His Majesty has approved the Sentence of the Court Mar- 
 tial, whereby the said Lieutenant Colonel Ross being found 
 Guilty of the First Article of Charge, namely, " of having 
 employed two persons, David Ross and William Weaver 
 as his servants, during periods in which they were respec- 
 tively mustered as Corporals, but did not do any duty as 
 
J. Ross. 81 
 
 Such," was adjudged to be reprimanded, and His Majesty 
 is pleased to direct, that the same be promulged in Public 
 Orders; His Majesty being pleased to dispense with any 
 other reprimand, than that which such promulgation will 
 virtually convey, and at the same time commanding it to be 
 intimated, that although His Majesty is disposed to pay all 
 due attention to a recommendation from a Court Martial 
 upon the ground of any meritorious conduct which has ap- 
 peared to them, His Majesty cannot admit in excuse of 
 any irregularity committed by an Officer, more especially 
 by one who has attained the rank of a Lieutenant Colonel, 
 that the like has been practised by others. 
 
 His Majesty has been pleased to approve the Opinion 
 of the Court Martial, as well with regard to their acquittal 
 of Lieutenant Colonel Ross upon the other Articles of 
 Charge, as to their pointed and just Stricture upon the 
 conduct of the Prosecutors. 
 
 This circumstance has recalled to His Majesty's mind the 
 like conduct on the part of Lieutenant Colonel Ross him- 
 self, in respect of the several unfounded Charges lately 
 urged by him against Major Ottley, of which His Majesty 
 has directed me to express His most serious displeasure ; 
 remarking, that to prefer accusations which cannot be 
 maintained, at the same time that the practice is highly in- 
 convenient and injurious to the Service, reflects much dis- 
 . grace upon those who bring them forward. 
 
 I have it in charge further to notify to your Royal High- 
 ness, that His Majesty, upon consideration of the whole 
 matter, is pleased to direct, that it be notified to the seve- 
 ral Officers, who exhibited the aforementioned unfounded 
 Charges against Lieutenant Colonel Ross, that His Majesty 
 has not any further occasion for their Services ; which Offi- 
 cers appear to be Captain J. C. Pigott, — Captain T. 
 
 G 
 
S2 J. Ross. 
 
 Backhouse, — Captain J. Lushington Reilly,— Lieutenant 
 Joseph Travers, — Lieutenant James Carter, — Lieutenant 
 William Norton, — Lieutenant George Penford, and Lieu- 
 tenant B. Sankey, all of the Both Regiment. 
 
 His Majesty morevoer perceiving, that it must be incon- 
 sistent with the harmony and discipline of the corps, that 
 Lieutenant Colonel Ross should retain his situation in the 
 said 85th Regiment, has commanded me to acquaint your 
 Royal Highness, that His Majesty has determined that he 
 retire from the regiment, but His Majesty is pleased to per- 
 mit, that he may sell his Commission of Lieutenant Colonel, 
 having purchased the same. 
 
 I have the honour to be, &c- ^c. 
 Field Marshal, CHARLES MORGAN. 
 
 Tfie Duke of York. 
 
 N. B. ' Lieut. Joseph Travers was restored to the service, 
 but the other OfiScers have remained unemployed. — Edit. 
 
 CHARGES. 
 
 1st. That Lieutenant Colonel Ross during nearly the 
 whole of the year, 1799, and the first six months of the 
 year 1 800, employed David Ross as a servant, and during 
 the last two months of the year, 1 799> and the six first 
 months of the year 1800, employed William Weaver as a 
 servant, during which respective periods the said David 
 Ross and William Weaver were mustered as Corporals in 
 the 85th Regiment, but did not do any duly as such. 
 
 2d. That in neglect or evasion of an Order which was 
 given by Lieutenant General Sir Ralph Abercromby in 
 Holland, on the 27th day of August 1799, of the following 
 import, viz. — That all Servants who were not Soldiers, 
 should disembark in Coloured Clothes, with the names of 
 their masters marked on canvass upon their arms ; and 
 that all regiments should land as strong as possible, he, 
 
J. Ross. 83 
 
 Lieutenant Colonel Ross, disembarked his said servaut 
 David Ross, then a Corporal in the 85th Regiment, without 
 arms, and in Coloured Clothes with his, the Lieutenant 
 Colonel's name marked upon his arm, for the purpose of 
 concealing his being a Soldier, and that the said David 
 Ross, although a Corporal, did not upon any occasion do 
 duty with the regiment when on service, from the said 27th 
 day of August, 1799, until the return of the army from Hol- 
 land, in the month of November following. 
 
 3d. That he possessed himself of, and used for his own 
 convenience, a Bat Horse, which had been furnished by 
 the Quarter Master General to carry the ammunition of the 
 8$th Regiment, and afterwards caused the same Horse to 
 be embarked as his private property, and brought it to 
 England, and afterwards sold it, applying the purchase 
 money to his own use. 
 
 4th. That he possessed himself, whilst in Holland, of an 
 Horse belonging to a deserter from the Dutch Forces, and 
 afterwards caused it to be embarked and brought to Eng- 
 land a9 his own property, and retained it to his own use, 
 until the month of June last. 
 
 5th. That after the return of the army from Holland to 
 Great Britain, he countenanced and gave sanction to an 
 unjust Claim made by Donald M'Neil, Gent, the Surgeon 
 of the 85th Regiment, for the value of an Horse which was 
 left in Holland, under a pretext not founded in truth, that 
 the said Horse could not be brought thence to Great Britain. 
 SENTENCE. 
 
 The Court, having duly considered the evidence for and 
 against the Prisoner, and what he had to offer in his defence 
 on the First Charge, is of Opinion that he is Guilty of the 
 said Charge, and do therefore Sentence him to be repri- 
 manded in such a manner, and by whom. His Majesty shall 
 deem fit. 
 
 G 2 
 
84 J. Ross. 
 
 With respect to the Second Charge the Proseciifoi's hat- ' 
 iDg failed to bring forward the Order on which- the Charge 
 is founded, the Court is of Opinion that the Prisoner is' 
 Not Guilty, and does therefore acquit him. 
 
 The Court, having duly considered the evidence for and 
 against the Prisoner, and what he had to offer in his defence 
 on the Third, Fourth and Fifth Charges, is of Opinion that 
 he is Not Guilty of any of the said Charges, and does there- 
 fore most honourably acquit him. 
 
 The Court is further of Opinion that the Third and 
 Fourth Charges are frivolous and- vexations, that the Fifth 
 is wholly unfounded, and that in general the Prosecution 
 has been brought forward from malicious motives, and not 
 with a view to the good of His Majesty's Service ; and the 
 Court is therefore desirous of expressing its reprobation of' 
 such conduct, it being highly prejudicial to good order and 
 Military Discipline. 
 
 The Court is further desirous of remarking, that although 
 it has found Lieutenant Colonel Ross Guilty of the Irregu-" 
 larity expressed in the First Charge, and sentenced him to' 
 be reprimanded, it is yet the Opinion of the Court, that it - 
 httving been the custom under several Officers who preceded 
 Lieutenant Colonel Ross in the Command of the 85th Re- 
 giment, to allow Corporals to be employed as Servants, that 
 circumstance is an extenuation of the offence, and con- 
 sidered together with the high military character of Lieu- 
 tenant Colonel Ross, induces the Court to beg leave hum- 
 bly to express a wish, that the Reprimand may be as le- 
 nient as possible. 
 
 N. JJ. Lieutenant Colonel John Ross sold out in 180U 
 He is since dead. Major Ottley, s^ainst whom Lieut.' Col. 
 Ross had preferred Charges (see p. 62), was honourably 
 acquitted, retired from the service, and is still living. — Ed, 
 
J. Beerling. 80 
 
 LIEUTENANT JAMES BEERLING.— 1801. 
 
 Judge Advocate GeneraVs Office, lid June, 1801. 
 
 Sir, 
 
 I have had the honour of submitthig to his Ma- 
 jesty the proceedings of a General Court Martial held at 
 Canterbury on the 1st and 2d of June instant, for the trial 
 of Lieutenant James Beerling, of the 1st Surry Regiment 
 of Militia, upon the following Charges, viz. 
 
 1 St. " Behaving in a very uugentlemanly manner in the 
 mess-rooiil of the regiment on the 24th February 1801, and 
 personally insulting one of the Officers with the most inde- 
 cent expressions, and, by his subsequent conduct, making it 
 necessary for him to quit the room, and which was followed 
 by his outrageously breaking the windows ; thereby con- 
 ducting himself in a scandalous and infamous manner, un- 
 becoming an Officer and a Gentleman ; 
 
 '2d. " Making use of very opprobrious language on the 
 24th February, 1 80 1 , to the Officers of the regiment then 
 present, after being out of the mess-room, being then within 
 hearing of the sentinels and in the barrack yard, and con- 
 ducting himself in a very riotous manner ; he being at that 
 time on duty ; thereby behaving in a scandalous and infa- 
 mous manner, mibecoming an Officer and a Gentleman ;" 
 
 And am commanded to acquaint your Royal Highness, 
 that His Majesty has thought fit to confirm the Sentence 
 of the Court Martial, whereby the said Lieutenant James 
 Beerling, having been found Guilty of the said Charges, is 
 adjudged to be discharged from His Majesty's Service ; and 
 \ am further commanded to intimate his Majesty's pleasure, 
 
86 Tr Phillipps and— Hall. 
 
 that, for the sake of example, the same be declared in Pub- 
 lic Orders. 
 
 I have the honour to be, 8tc. &c. &c, 
 
 CHA. MORGAN. 
 To H. R. H. the Duke of York, 
 
 Sjc. Sfc. ijc. 
 
 N. B, This Officer remained with the regiment till it was 
 disembodied in 1802. — Editor- 
 
 LIEUT. THOMAS PHILLIPS, and 
 BARRACK MASTER HALL. — 1801. 
 
 Weymouth, S8/A August, IBOl. 
 SIR, 
 Having had the honour of laying before the King, the 
 proceedings of a Grieneral Court Martial, held at Plymouth 
 Dock, on the 31st day of July last, and on the following 
 day, for the trial of Lieutenant Thomas Phillips of the 
 Scyllonian Fencibles, charged with having acted in a man- 
 ner unbecoming the character of an OflScer and a Gentle- 
 man : 1st, "in sending a Challenge to Lieutenant John Johns 
 of the Royal Tiivalids, on the 25th of June last, requiring 
 satisfaction for his having been expelled from a Masonic 
 Lodge oh the preceding day, in which lodge. Lieutenant 
 Johns was only a member ; and 2dly, in having, on the 27th 
 day of the same month, posted a paper written by himself, de- 
 claring the said Lieutenant John Johns a coward," of which 
 misbehaviour in both the said instances the Court Martial 
 found him, the said Lieutenant Thomas Phillips, Guilty, 
 and adjudged him to be Cashiered; but in consideration of 
 
T. Phillips and —Hall. 87 
 
 his youth, inexperience, and general good character, hum- 
 bly recommended him to His Majesty's clemency. I am 
 to acquaint your Royal Highness, that His Majesty having 
 taken into His Royal consideration all the circumstances of 
 the case, has deemed it necessary, for the sake of example, 
 to confirm the Sentence of the Court Martial, whereby the 
 said Lieutenant Thomas Phillips is Cashiered. 
 
 1 have also had the honour of laying before His Majesty 
 the proceedings of another General Court Martial, held at 
 Plymouth Dock, on the 13th instant, by which — Hall, Bar- 
 rack Master of Pendennis Castle, was tried and found Guil- 
 ty of " behaving in a scandalous infamous manner, such as is 
 unbecoming the character of an Officer and a Gentleman, 
 in violently knocking down, beating and kicking Ensign 
 William Jones, of the Royal Invalids, on the parade at 
 Pendennis Castle, in the presence of the Serjeant and of 
 several men of the guard, on the evening of the l6th of 
 July last," and was adjudged to be dismissed from His Ma- 
 jesty's Service ; and I am to acquaint your Royal High- 
 ness, that His Majesty has thought fit to confirm the said 
 Sentence against Barrack Master Hall. 
 
 His Majesty's Pleasure iil both the above-mentioned in- 
 stances, I shall notify by this day's mail to Lieutenant Ge- 
 neral Simcoe, or the Officer commanding the western dis- 
 trict. 
 
 I have the honour to be &c. &c. 
 
 CHA. MORGAN. 
 To H. R. H. the Duke of York, 
 Sic. ^c. Sfc. 
 
 N. B. Lieut. Tho. Phillips remained with the reoriment 
 till it \ias disembodied in 1802. — Editor. 
 
88 R. Johnsoh.-^H. Browne and D. J. Mahony. 
 LIEUT. RICHARD JOHNSON— 1801. 
 
 CHARGE 
 
 Preferred against Lieutenant Richard Johnson, of the 49th 
 
 Regiment of Foot, at a General Court Martial held at 
 
 Colchester Barracks, on the 2Sth day of August, 1801, 
 
 and subsequent days. 
 
 " Misbehaving himself before the Enemy in the action 
 
 off Copenhagen, on the 2d April, 1801." 
 
 OPINION. 
 
 The Court, haying maturely weighed the evidence for and 
 against the Prisoner, Lieutenant Richard Johnson, are of 
 Opinion, that he is Guilty of the Charge, and His Majesty 
 has in consequence been pleased to direct that he shall be 
 dismissed His Service. 
 
 His Majesty's pleasure upon this head is to be entered 
 in the Orderly Book of every regiment. 
 
 HARRY PALVERT, Adjut. Gen. 
 
 MAJOR HENRY BROWNE, 
 AND LIEUT. D. JOHN MAHONY.— 1801. 
 
 Judge Advocate's Office, 
 
 15th 8ept. 1801. 
 SIR, 
 Having had the honour of submitting to His Majesty the 
 proceedings of a General Court Martial, lately held at the 
 
H. Browne and D. J. Mahony. 89 
 
 Eoyal Hospital, Chelsea, upon the trials of Major Henry 
 Browne, and Lieutenant D. John Mahony, of the 14th (or 
 the Dutchess of York's own) Regiment of Light Dragoons, 
 the Charges against whom, respectively, together with the 
 determination of the Court upon each, are recited in the 
 annexed schedule, I have to acquaint your Royal Highness, 
 that His Majesty has approved the Opinion of the Court 
 Martial, whereby both the said Major Browne and Lieu- 
 tenant Mahony have been honourably acquitted. But in- 
 asmuch as this decision, not accompanied with any expla- 
 nation might seem to countenance a surmise, that the Com- 
 manding Officer, Lieutenant Colonel Michel, had preferred 
 a Charge absolutely destitute of foundation, His Majesty 
 has commanded me to subjoiii the following statement 6f 
 facts collected from the evidence, namely — That the misun- 
 derstanding between Major Browne, and Cornet Richard- 
 son, which has given occasion to these trials, originated in an 
 indiscreet allusion, made by the latter, to some former busi- 
 ness, in a way that led Major Browne to think an apology 
 necessary ; which there is reason to believe would not have 
 been refused, if sought by a temperate remonstrance : but 
 instead of trying that measure. Major Browne sent a mes- 
 sage by another Officer, plainly deipanding either an apology 
 or satisfaction, the import of which message was obvious, 
 and such as Lieutenant Colonel Michel, on its being 
 reported to him, as Commanding Officer, naturally consi- 
 dered as an eventual challenge, and as militating against 
 the spirit (at least) of the Articles of War, which prohibit 
 Duelling, and was thereby fully warranted, in the first in- 
 stance, to put Major Browne under an arrest. 
 
 His Majesty was pleased to express satisfaction on per- 
 ceiving from the evidence, that an amicable accommoda- 
 tion had afterwards taken place between Major Browne 
 
90 H. Browne. 
 
 and Cornet Richardson, and to direct that it be recom» 
 mended and enjoined in His Majesty's name, that the con- 
 ciliation be made complete by Lieutenant Colonel Michel 
 and Major Browne, and Lieutenant Mahouey, consigning 
 to oblivion, whatever may have passed in the course of 
 these trials, and joining their mutual endeavours to esta-' 
 blish and perpetuate harmony in the regiment. 
 
 I have the honour to be, &c. &c. 
 To the Duke of York, Sfc. Sfc. 
 
 CHA. MORGAN. 
 
 CHARGES 
 
 Preferred by Lieutenant Colonel John Michel, Command- 
 mg Officer of the 14th (or Duchess of York's own) 
 Regiment of Light Dragoons, against Major Henry 
 Browne of the same regiment, at a General Court 
 Martial, held at the Royal Hospital, Chelsea, together 
 •with the Opinion of the said Court Martial. 
 1st. '' Conduct in the Barracks at Rumford, on the even- 
 ing of the 21st of July, 1801, highly unbecoming the cha- 
 racter of an Officer, and highly prejudicial to military dis- 
 cipline, and in direct violation of the 2d article of the 
 seventh section of the Articles of War, by sending a Chal- 
 lenge to Comet Aldborough Richardson, a youth of seven- 
 teen years of age, who had joined the regiment but six 
 weeks, and who was at the time of receiving the challenge 
 the Officer of the regimental guard." 
 
 2d. " Contemptuous and disrespectful conduct towards 
 the Commanding Officer of the regiment, in sending the 
 said challenge to Comet Richardson, after having received 
 a reprimand from him, the Commanding Officer of the re- 
 giment, only three days prior to the said challenge, for 
 having offered to wave his superiority of rank in order to 
 
D. J. Mahony. 9I 
 
 receive a challenge from Mr. Young, an Assistant Surgeon 
 of the regiment," 
 
 OPINION of the COURT. 
 
 The Court Martial, having duly weighed the evidence 
 given in support of the prosecution against the prisoner, 
 Major Henry Browne, of the 14th (or Duchess of York's 
 own) Regiment of Light Dragoons, with that, which has 
 been adduced by him in his defence, is of Opinion that he 
 is Not Guilty of either the Charges preferred against him, 
 and doth therefore honourably acquit him. 
 
 N. B. Major Browne sold out in 1804. — Editor. 
 
 CHARGE 
 
 Preferred by Lieutenant Colonel John Michel, Command- 
 ing Officer of the 14th (or Duchess of York's own) 
 Regiment of Light Dragoons, against Lieutenant D. 
 John Mahony of the same regiment, at a General 
 Court Martial, held at the Royal Hospital at Chelsea, 
 together with the Opinion of the said Court Martial. 
 " Conduct highly unbecoming an Officer, in having, in 
 direct violation of the third article of the seventh section 
 of the Articles of War, carried a challenge from Major 
 Browne, of the 14th Light Dragoons, to Comet Richard- 
 son of the same regiment, on the evening of the 21st of 
 July, 1801, at that time the Officer of the guard, and deli- 
 vering the said challenge to Cornet Richardson at the stable 
 hour, at seven in the evening, while he. Cornet Richardson, 
 was going around the stables, in execution of his duty as 
 Officer of the regimental guard, although he, Lieutenant 
 
92 R. Brograve. 
 
 Mahoney was present on the parade, only three days pre- 
 ceding, when the Commanding Officer reprimanded Major 
 Browne for similar conduct." 
 
 OPINION of the COURT. 
 
 The Court Martial, having duly weighed the evidence 
 given in support of the prosecution against the prisoner. 
 Lieutenant D. John Mahony, of the 14th (or Duchess of 
 York's own) Regiment of Light Dragoons, with that which 
 has been adduced by him in his defence, is of Opinion, 
 that he is Not Guilty of the Charge preferred against him, 
 and doth therefore honourably acquit him. 
 
 N. B. Lieut. Mahony died in 1809 as Captain in the 14th 
 Dragoons. Lieutenant Colonel Michel was placed on 
 Half Pay in 1803, and is now a Lieutenant General unat- 
 tached. — Editor. 
 
 CAPTAIN ROGER BROGRAVE.— 1801. 
 
 CHARGES AND OPINION 
 
 Of a General Court Martial, held at the Royal Hospital at 
 Chelsea, on the 9th of October, 1801, and continued 
 by adjournments, till the 17th day of the same month, 
 for the trial of Captain Roger Brograve, of the 2d (or 
 Queen's) Regiment of Dragoon G uards, in which the 
 several instances of Charges preferred against him by 
 Quarter Master Samuel Wilton, of the same regiment, 
 are recited. 
 The Court, having taken into consideration the several 
 
 instances assigned in the Charges against the defendant. 
 
R. Brograve. 93 
 
 Captain Brograve, as well of Embezzlement or Misappli- 
 cation of Money, Provisions or Forage, as of having made 
 false Returns of the state of the troop under his command, 
 and having deliberated upon the evidence touching each in- 
 stance, the Court is of Opinion, as follows : 
 
 With respect to the 1st instance, viz. 
 
 " That the said Captain Brograve, on or about the 7th 
 of May last, being quartered with part of his troop at Mod- 
 bury Barracks, gaive an order for six of the horses then un- 
 der his command, to be sent to grass at five shillings per 
 week each, in consequence whereof they were accordingly 
 sent to grass at the rate aforesaid ; and that the said Cap- 
 tain Brograve, on or about the 24th day of May following, 
 made a Return of them to the Barrack Master authorized 
 to receive such Return, as being regularly in quarters or 
 barracks ;" — 
 
 The Court is of Opinion, that he Captain Brograve did 
 order six horses, as in the Charge is stated, to be sent to 
 grass at five shillings per week, but that those horses were 
 not included in the Returns made to the Barrack Master. 
 
 With respect to the 2d and Sd instances, viz. 
 
 2d. " That the said Captain Biograve, on or about the 
 said 24th day May, at Modbury, did make a false Return 
 to the Commander in Chief of His Majesty's Forces, or to 
 his superior Officer authorized to call for such Return of 
 the state of the troop under his command, by stating there- 
 in such six horses, so out at grass, to be in barracks or quar- 
 ters the whole of the time ;" 
 
 3d " That the said Captain Brograve by, or through the 
 means, or on the account of such last mentioned Return, 
 did shortly afterwards receive the full Allowance-money for 
 the subsistence of the said six horses from the said 7th day 
 oi May, up to the 24th, and, after payment of five shillings 
 
94 -Ri Brpgrave. 
 
 per week for each of them as before set forth, did embez- 
 zle or misapply the surplus thereof, being monies with 
 which he was entrusted for a Regimental purpose as afore^ 
 
 said ;" 
 
 It does not appear that any Return was made of the 
 horses sent to grass as being in quarters or barracks the 
 whole of the time ; but that the horses being at grass was 
 known to the Commanding Officer of the regiment, and 
 that they were continued at grass by his approbation : the 
 Court is of Opinion, that these two instances are un- 
 founded. 
 
 With respect to the 4th instance, viz. 
 
 4th. " That the said Captain Brograve, on or about the 
 S5th day of May last, at Modbury Barracks, did without 
 a proper authority for that purpose, order Quarter Master 
 Wilton to deduct or stop from the allowance of each horse 
 there, one pound weight of corn (being provision or forage) 
 per day, in consequence whereof one pound weight of such 
 provision or forage was accordingly retained from each of 
 the said horses daily, until on or about the 5th day of June 
 following; by which means 14 bushels thereof, or there- 
 abouts, were retained from due and regular delivery ;" 
 
 The Court is of Opinion, that although the stoppage of 
 one pound of corn from the horses to the amount of 14 
 bushels does appear to have been made, the same was 
 not by the order, or with the knowledge of Captain Bro-: 
 grave, 
 
 The Court cannot forbear observing, that there has ap- 
 peared much contradiction in the evidence given respect- 
 ing the stoppage of corn ; one remarkable instance of which 
 amongst others is, that Quarter Master Wilton, who speaks 
 of the orders having been given by Captain Brograve on 
 that subject, states that the first time the Captain men- 
 
R. Brograve. 95 
 
 tioned that subject to him, was on the morning of the Q.'^th 
 of May, at which time, as he also says, the Captain gave 
 him orders to stop the corn ; whereas, Serjeant Thomas 
 Allen, and Thomas Warburton and Charles Larkin, both 
 private dragoons, have deposed, that the Quarter Master 
 mentioned to them on the evening of the 25th of May, that 
 such stoppage was to take place. 
 Upon the 5th instance, viz. 
 
 5th. *' That the said Captain Brograve did, on or about 
 the 26th of May last, or between that day and the 7th day 
 of June following, at Modbury, embezzle, or misapply, or 
 cause to be embezzled or misapplied, certain provisions or 
 forage, appertaining to the troop under his Command, 
 being the provision or forage, or part thereof, which were 
 by his orders, as last mentioned, retained from regular de- 
 livery ;" 
 
 The Court is of Opinion, that Captain Brograve had no 
 knowledge of the embezzlement, or misapplication of the 
 forage therein stated ; but it appears to the Court, by the 
 prosecutor's own statement, that he (the prosecutor) did 
 receive the sum of ,£4. from the Contractor for Com re- 
 tained from regular delivery, at the rate of 6s. per bushel, 
 and also that to make up a deficiency, as he calls it, of 
 3d. for each bushel to the price of 6s. 3d. per bushel, he 
 made a further stoppage of corn at Totness, on the 5th 
 of June, the first day the troop marched from Modbury ; 
 whereas 1 4 bushels of corn, the quantity he states to have 
 been stopped, and which, as he says, he paid Captain Bro- 
 grave ,£4. for at the rate of 6s. 3d. per bushel, amounts 
 at the rate of 6s. per bushel to £4. 4s. which is more than 
 the money he says he paid Captain Brograve, as the amount 
 of the corn stopped. 
 
96 -R. Brograve- 
 
 With regard to the 6th instance, viz. i 
 
 6th. " That the said Captain Brograve did, on or about 
 the 3th day of June last, at Exeter, receive the Amount of 
 the said 14 bushels of corn so retained as aforesaid, and 
 converted the same to his own use ;" 
 
 The Court is of Opinion, that the same has not been sa- 
 tisfactorily proved. 
 
 Upon the 7th and 8th instances, viz. 
 7th. " That the said Captain Brograve, on or about the 
 24th day of June last, at Bristol, did make a false Return, 
 or false Pay List, to Mr. William Stellard, the Paymaster of 
 the said regiment (authorized to call for a regular Return or 
 Pay List of the State of the troop under his Command). by 
 stating therein the said six horses, (which, in fact, conti- 
 nued at grass, until the 1st day of June last) to be regular- 
 ly in quarters;" 
 
 8th. " That the said Captain Brograve by or through the 
 means, or on account of last mentioned Return, did shortly 
 afterwards, at Bristol, receive the full allowance money for 
 the subsistence of the said six horses, up to the said 1st day 
 of June, and after payment of 5s. per week for each of them 
 as before set forth, did embezzle^ or misapply the surplus 
 thereof, being monies with which he was also entrusted for 
 a regimental purpose as aforesaid ;" 
 
 The Court is of Opinion, that Captain Brograve did not 
 make a false Return or Pay List to Mr. William Stellard, 
 the Paymaster of the regiment, by stating the six horses 
 which were at grass, to be regularly in quarters, as is in- 
 tended by the 7th instance, and also that Captain Brograve 
 did not receive the full Allowance-money for the subsis- 
 tence for the said horses, as stated in the 8th Instance ; 
 but the Court is of Opinion, that he, Captain Brograve did 
 give or make a Pay List to the said Paymaster, wherein 
 
R. Brograve. 97 
 
 the said six horses which were at grass were stated as be- 
 ing in barracks, and that he did receive the usnal regimental 
 stoppages of 8|d. per day for each of the said six horses, 
 which Allowance of Stoppage, however, did not amount to 
 the sum he paid for the grass of those horses by one half- 
 penny per week for each horse, and consequently, that Cap- 
 tain Brograve could not derive any Surplus from such Pay ; 
 nor does it appear, notwithstanding the prosecutor has, in the 
 Abstract which he delivered to Captain Brograve, and 
 which is in evidence before the Court, given credit to Cap- 
 tain Brograre for those horses, as if they had been in quar- 
 ters, that any public money has been issued by the Pay- 
 master, or otherwise, on account of those horses as being 
 in quarters ; but on the contrary, and which the prosecutor 
 has admitted, the credit which he gave to Captain Bro- 
 grave was to his own loss, as the full allowance was never 
 issued for those six horses. 
 
 With regard to the 9th, lOlh, 1 Uh,and ISth instances, viz; 
 
 9th. " That the said Captain Brograve did, on or about 
 the 26th day of June last, at Bristol, order six horses to be 
 sent to grass, at 6d. per week each, and on or about the 
 2d day of July did order one other horse to grass also at 
 6d. per week, and on the J 4th of the same month did order 
 two other horses likewise to grass, at 6d. per week each, 
 and on the 21st day of the same month did order two other 
 horses at 6d. per week each, belonging to his troop, in con- 
 sequence whereof they were accordingly sent to grass, at the 
 times and rates aforesaid, and there continued on the 24th day 
 of July following, by means whereof 44 bushels of corn, ot 
 thereabouts, being provisions or forage, were retained from 
 due and regular delivery ; 
 
 iOth. "That the said Captain Brograve did, on or about 
 the said 24th day of July, at Bristol, embezzle or misappl}* 
 
 H 
 
98 R. Brograve. 
 
 or cause to be embezzled or misapplied, certain other pro- 
 vision or forage appertaining to the troap under his com- 
 jsnand, being the provisions or forage whidh were retained 
 from regular delivery by means of sending the Iast-4nen- 
 tioned horses to grass, as last aforesaid ; 
 
 nth. " That the said Captain Brograve, on or about the 
 said 24th day of July, at Bristol, did make another false 
 Return or Pay List to the before mentioned Mr. William 
 Stellard, the Paymaster of the Regiment as aforesaid, by 
 stating therein that the said horses, so continued at grass 
 up to the said 24th day of July, were regularly in quar- 
 teis^ 
 
 12th. " That the said Captain Brograve, on account of 
 such last mentioned return, shortly after the said 24th day 
 of July, at Bristol, received the full Allowance Money, 
 for the subsistence of such last mentioned Horses, and after 
 payment of the amount for their grazing as aforesaid, did 
 embezzle or misapply the surplus thereof, being Monies 
 with which lie was likewise entrusted for a Regimental Pur- 
 pose as aforesaid." 
 
 The Court finds that the horses were turned out to 
 grass, :and at the rates stated in the 9th instance, and 
 whilst so out at grass, were charged in the Pay List, as 
 being in Quarters, and also, that Captain Brograve did re- 
 ceive the full Allowance for subsistence of those horses, as 
 stated in the 1 2th instance, the same having been admitted 
 by Captain Brograve; but it appears, by the testimony of 
 Lieutenant Colonel Bupuis, that all the said horses were 
 turned out to grass, and were at the same time charged as 
 being in Quarters -by his. Lieutenant Colonel Dupuis, or- 
 der, as Commanding Officer of the regiment ; and the Court 
 is further of Opinion, that Captain Brograve did not em- 
 bezzle or misapply the Forage, as stated in the 10th in- 
 
R. Brograve. 99 
 
 stance, neither did he embezzle or misapply the Surplus 
 Money after payment of the cost of the horses being at 
 grass, inasmuch as he stood, and still stands accountable 
 for the same, as Public Money, to the Officer command- 
 ing the regiment, whenever such money should or may 
 be called for. 
 
 And upon the whole, the Court does acquit Captain Bro- 
 grave of every Article of Charge. 
 
 The Court Martial nevertheless cannot but consider the 
 conduct of Captain Brograve as open to some censure, in 
 respect of his having reposed too much confidence in his 
 Quarter Master, especially in the instance of his Pay Lists 
 pf the 24th of May and 24th of June last, which do not 
 correspond with his Abstract for the same period, without 
 Captain Brograve's having noticed and inquired into the 
 cause pf such variance, and also in respect of the feeding 
 of the horses at Modbury Barracks, whose diminution 
 of Feed could not have escaped his notice, had he himself 
 been properly attentive. 
 
 CHARLES MORGAN. 
 
 N. B. Quarter Master Wilton became afterwards a Ser- 
 jeant of Militia. — Editor. 
 
 GENERAL ORDERS. 
 
 Horse Guards, 13th Nov. 1801> 
 The Commander in Chief has received His Majes- 
 ty's directions in publishing to the army tae Sentence of 
 the General Court Martial, held for the trial of Captain 
 Roger Brograve of the 2d (or Queen's) Dragoon Guards, 
 
100 R. Brograve. 
 
 taanimadvert on some circumstances, which the proceed- 
 ings of this Court Martial have brought under his observa- 
 tion'. 
 
 His Majesty is very much surprised to find, that an Offi- 
 cer in the Command of a regiment of cavalry in his Service, 
 has not only tolerated, but absolutely authorized in an Of- 
 ficer under his command, a deviation from His Majesty's 
 Rules and Regulations, and a direct breach of an Article 
 of War of a most binding nature. His Majesty does not 
 consider it necessary to make any comment on the tendency 
 of such a proceeding, but to prevent any OflScer falling 
 hereafter incautiously into the same error. His Majesty has 
 commanded it to be thus publicly declared to the army, 
 that his Majesty highly disapproves of Returns being made 
 under any other description, than that which strictly cor- 
 responds with the fact, because it is evident, however pure 
 and free from interested or improper motives the intention 
 may be of the Officer who signs or countenances the Re- 
 turn, that if horses are certified to be in Quarters, or in 
 Barracks,, during a period in which such horses are in 
 reality at grass, such certificate leaves an opening for 
 fraud and imposition, though none may be practised or in 
 contemplation, defeats the very purpose for which correct 
 Returns are enjoined, and subjects the Officer who signs the 
 same to the imputation of having made a false Return. 
 
 His Royal Highness the Commander in Chief directs, 
 that the above order shall be inserted in the Orderly Books 
 of every regiment in the service, that all Officers may there- 
 by be apprized of His Majesty's sentiments on these points, 
 and that they may be careful to conform in every respect 
 most strictly to the line of conduct which is prescribed by 
 the Articles of War, and by the Rules and Regulations fot 
 
J. Stanton. 101 
 
 the maintenance of the discipline of the Army, which are 
 sanctioned by His Majesty's Royal Authority. 
 
 By H. R. H. Command. • 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Brograve sold out in 1807- — Editor. 
 
 LIEUT. & SURG. J. STANTON.— 1802. 
 
 Judge Advocate General's Office, 5th Feb. 1802. 
 
 SIR, 
 
 I have had the honour of laying before the King the 
 proceedings of a General Court Martial lately held at the 
 Royal Hospital at Chelsea, for the trial of Lieutenant and 
 Surgeon John Stanton of the 2d Royal Regiment of Tower 
 Hamlets Militia, upon the several following Charges, viz. 
 
 " 1st. Repeated neglect of duty as Surgeon to ihe regi- 
 ment, at the Regimental Hospital, between the S4th Sep- 
 tember, 1800, and the 24th September, 1801; in not hav- 
 ing complied with His Majesty's printed Regulations from 
 the Army Medical Board, to Regimental Surgeons, for 
 the conducting and management of Regimental Hospitals, 
 although strongly enforced so to do in the Public Orders 
 of the regiment, by Lieutenant Colonel Wilson's Order of 
 the 1 3th February, 1799; and by Colonel Smith's Order 
 the 6th September, 1 799 ; 
 
 " In not having the walls white-washed, and the rooms 
 fumigated after infectious fevers ; on or about the 4th of 
 April, and on or about the 15th April, 1801 ; 
 
102 J. Stanton. 
 
 " In »ot providing John Maynard, a private soldier of 
 Captain Clapperson's company, in the above named regi- 
 ment, with clean sheets at proper intervals, on or about the 
 months of September, October and November, 1800 ; 
 
 " In neglecting to provide bandages, though applied for, 
 for Edmund Eckley, a private soldier in Captain Clapper- 
 son's company in the above named regiment, on or about 
 the 20th February, 1801 ; 
 
 " In neglecting to provide the Ointment pointed out by 
 the Army Medical Board, for the cure of the Itch, for the 
 last six months, although there were occasions for the use 
 of it, as in the case of Robert Cording of Captain Merce- 
 ron's company, and William Cross of Captain Hawker's 
 Company, private soldiers in the above named regiment, 
 on or about the months of May and August, 1801 ; 
 
 " In neglecting to supply a sufficient quantity of the best 
 Medicines and Materials; according to tlie Army Dispen- 
 satory No. 3, and in neglecting to provide necessary In- 
 struments, from the 24th September, 1800, to 24th Sep' 
 tember, 1801 ; 
 
 " In not ordering Howard Brown of Captain Hawker's 
 company, Thomas Ralph of Colonel Smith's company, 
 John Piercy of Captain M erceron's company, and Charles 
 Lloyd of Major Jackson's company, private Soldiers in 
 the above named regiment, convalescent patients, to be 
 put on full di«ft in the mohth of June, July and August^ 
 1801 ; and in not visiting the Hospital once in every diy, 
 from August 1st to September 24th, 1801. 
 
 " 2d. Having stopped from the Sick Soldiers of the regi- 
 ment, in the Regimental Hospital, more than the sum allot- 
 ted by the Army Medical Board in their printed Instrlic- 
 tions, from the 21st of June until the 24th of September, 
 1801 ; namely, John Piercy of Cajrtain Merceron's com- 
 
J. Stanton. 103 
 
 pany, Thomas Ralph of Colonel Smith's company, Robert 
 Simkiiis and Charles Lloyd of Major Jackson's company, 
 Thomas Causton of Captain Clapperson's company, Wil- 
 liam Whitmore and Joseph Trajrter of Captain Hawker's 
 company, and Edward W atkins of Captain Carter's com- 
 pany, private soldiers in the above named regiment ; and 
 having charged those patients for their Bread ; not having 
 provided William Smith of Captain Merceron's company, 
 and Howard Brown of Captain Hawker's company, pri- 
 vate soldiers in the above named regiment, with Poultices 
 when they were in want of them, on or about the beginning 
 of September, 1801. 
 
 " 3d. Conniving at William Shepherd, a private soldier 
 of Colonel Smith's company in the above named regiment, 
 imposing upon the regiment under the pretence of Sickness, 
 and thereby exempting him from doing his duty the greater 
 part of the time, from May 24th to i\ugust 24th, 1801,, 
 and also conniving at Joshua Howard, a private soldier of 
 Captain Merceron's company in the above-named regiment, 
 imposing upon the regiment under the same pretence, and 
 thereby exempting him from doing his duty from about 
 25th August to 24th September, 1801 ; 
 
 "4th Disobedience of Lieutenant General the Earl of 
 Harrington's Order of the 8th November, 1800; and of 
 District Orders, delivered out by Lieutenant General the- 
 Earl of Harrington, from His Royal Highness, the Com- 
 ''mander in Chief, 7th of April 1801, m lying out of quar- 
 ters, and sleeping at Tooting, in Surry, on the 25th Decem- 
 ber, 1800, and 28th of February, 1801, and repeatedly dur- 
 ing the months of March, April, May, June, July, August, 
 and on the 21st September, 1801. 
 
 "Upon which Charges respectively the Court Martial 
 decided as follows, viz. 
 
104 J. Stanton. 
 
 " The Court Martial, after having attentively and delibe- 
 rately weighed the evidence produced in support of the se- 
 veral Charges preferred against Lieutenant and Surgeon 
 John Stanton, of the Second Royal Regiment of Tower 
 Hamlets Militia, with that adduced in his defence, is of 
 Opinion, with regard to the First head of Charge, that he 
 is Gruilty of those Instances which were alleged against 
 him of Neglect of Duty to the regimental hospital, namely 
 'not having the walls vvhite- washed/ and 'not having pro- 
 vided the necessary instruments pointed out by the Array 
 Medical Board ;' with respect to his not having provided 
 the ointment pointed out by the Army Medical Board for 
 the cure of the itch^ the Court is of Opinion that he did not 
 provide the specific ointment pointed out by the Army Me- 
 dical Board, but it has fully appeared to the satisfaction of 
 the Court, that he did upon every occasion, when a pa- 
 tient was afflicted with that disorder, provide good and suf- 
 ficient ointment, and obtained a speedy and effectual cure ; 
 
 " And of all the other parts of the said First head of 
 Charge, the Court doth acquit him. 
 
 " With respect to the Second head of Charge, the Court is 
 of Opinion, that Lieutenant and Surgeon Stanton is Not 
 Guilty of any part thereof, and doth therefore acquit him. 
 
 " Upon the Third head of Charge, the Court is of Opi- 
 nion, that Lieutenant and Surgeon Stanton is Not Guilty 
 of conniving at William Shepherd's imposing upon the re- 
 giment, under the pretence of. sickness, and thereby ex- 
 empting him from doing his duty, but that he is Guilty of 
 conniving at John Howard's imposing upon the regiment 
 under that pretence, and thereby exempting him from doing 
 his duty from about the 25th August to 24th September, 
 
J. Stanton. 105 
 
 "And with regard to the Fourth and last head of Charge, 
 
 " The Court is of Opinion, that Lieutenant and Surgeon 
 Stanton is Not Guilty of any part thereof, and doth there- 
 fore acquit him :" which acquittal His Majesty has been 
 pleased to approve. 
 
 And in respect of the three articles of Charge, whereof 
 the defendant Lieutenant and Surgeon Stanton was found 
 Guilty, the Court adjudged, that he be suspended from 
 Rank and Pay as Lieutenant and Surgeon of the said Se- 
 cond Royal Regiment of Tower Hamlets Militia, for three 
 calendar months. 
 
 And I have to acquaint your Royal Highness, that His 
 Majesty having regard to the duratiou'of the defendant's ar- 
 rest, which has unavoidably been drawn into considerable 
 length, as also to the trouble and anxiety necessarily sus- 
 tained by him in defending himself against the various other 
 Charges which he has been able to refute to the satisfac- 
 tion of the Court Martial, has been graciously pleased to 
 mitigate the Sentence, and to direct, that he the said Lieu- 
 tenant and Surgeon Stanton be suspended from Rank and 
 Pay for one calendar month only ; which I have according- 
 ly signified to the Secretary at War, and to Colonel Smith, 
 who commands the said Regiment of Tower Hamlets Mi- 
 litia. 
 
 I have the honour to be, &c. &c. 
 
 CHARLES MORGAN. 
 H. R. H. the 
 
 Duke of York, i;c. Ssc. 
 
 N. B. This Officer remained with the regiment till 1 807. — 
 
 Editor. 
 
( 106 ) 
 
 LIEUTENANT OSWALD WILKINS, 
 AND ENSIGN ROBERT SFUNNER.— 1802. 
 
 Judge Advocate Generals Office. 
 
 \9th March, 1802. 
 SIR, 
 
 I have had the honour of laying before the King the 
 proceedings of a Gfeneral Court Martial held at Silver Hill 
 Barracks, in the county of Sussex, on the 3d day of this 
 instant Marcli, and on subsequent days, for the trials of 
 Lieutenant Oswald Wilkins, and Ensign Robert Spunner, 
 both of the 55th Regiment of Foot, upon the following 
 Charges, respectively exhibited against them, viz. 
 
 ] St. A Charge against both the Officers " of shameful and 
 disorderly behaviour in having, between the 25th and 30th 
 day of November, 1801, at the George Inn at Roberts- 
 bridge, after drinking there till a late hour, violently as- 
 saulted Mr. Hazledon, keeper of the said inn, his brother, 
 and others, whorh they struck and wounded with sticks and 
 a sword, and having by such conduct subjected themselves 
 to be treated and expoised in a manner highly derogatory 
 to the mititary profession, thereby behstving in a manner 
 unbecoming the characters of Officers and Gentlemen ;" 
 
 2dly. A Charge against Ensign Robert Spunner only of 
 "having, whilst in the custody of the Civil power, so far 
 forgot what was due to his situation as an Officer, as to 
 endeavour to persuade the Surgeon of the 55th Regiment to 
 threaten Mr. Hazledon with the vengeance of the soldiers, 
 if he did not speedily release him and Lieutenant Wilkins, 
 thereby behaving in a manner unbecoming the character of 
 an Officer and a Gentleman ;" 
 
0. Wilkins and R. Spumier. 107 
 
 3dly. A Charge against Ensign Robert Spunner of " en- 
 deavouring to evade the fulfilment of his engagement to 
 leave the 55th Regiment, which he had agreed to do in con- 
 sequence of his improper conduct, as stated in the first 
 Charge. — First, by a submissive Memorial addressed to the 
 Officers of the regiment, hnmbly entreating their interces- 
 sion with the Commanding Officer, that he (Ensign Span- 
 ner) might be restored to his former situation in the regi- 
 ment, and afterwards defying his Commanding Officer to 
 prove any thing to his prejudice, and demanding a General 
 Court Martial ; thereby behaving in a manner unbecoming 
 the character of an Officer and a Gentleman." 
 
 In respect of which several Charges the Opinion and 
 Adjudication of the Court Martial were as follows, viz. 
 
 " The Court, having maturely considered the evidence 
 which hath been given in support of the prosecution, as 
 well as that which Lieutenant Oswald Wilkins and Ensign 
 Robfert Spunner, of the 55th Regiment, have produced in 
 their defence, is of Opinion, that Lieutenant Oswald Wil- 
 kins and Ensign Robert Spunner are Guilty of the First 
 Charge preferred jointly against them by Major John Cor- 
 nelius Halkett, of the same regiment ; 
 
 " The Court is further of Opinion that the said Ensign 
 Robert Spunner is Not Guilty of the Second Charge pre- 
 ferred against him the said Ensign Robert Spunner only, 
 by the said Major John Cornelius Halkett, and doth there- 
 fore accordingly acquit him the said Ensign Robert Spun- 
 ner thereof; 
 
 " The Court is further of Opinion, that the said Ensign 
 Robert Spunner is Guilty of the Third Charge preferred 
 against him the said Ensign Robert Spunner only, by the 
 said Major John Cornelius Halkett ; 
 
108 O. Wilkins and R. Spunner. 
 
 " And this Court doth adjudge the said Lieutenant Os- 
 wald Wilkins to be suspended from his Rank and Pay, as 
 Lieutenant in the said 55th Regiment, for the space of six 
 months from this day ; 
 
 " And doth further adjudge that the said Ensign> Robert 
 Spunner be suspended from his Rank and Pay, as Ensign 
 in the said 55th Regiment, for the space of twelve months 
 from this day; and that he the said Ensign Robert Spunner 
 be moreover publicly reprimanded in such manner, and at 
 such time, as the Commander in Chief shall be pleased to 
 direct." 
 
 And I esteem it my duty to acquaint your Royal High- 
 ness, that His Majesty has thought fit to confirm the Sen- 
 tences of the Court Martial against Lieutenant Wilkins and 
 Ensign Spunner respectively, whereby the former was ad- 
 judged to be suspended during a period of six months, and 
 the latter during a period of twelve months ; but His Ma- 
 jesty has been pleased to dispense with Ensign Spunner's 
 receiving any other reprimand than that which the Sen- 
 tence of suspension approved by His Majesty will virtually 
 convey. 
 
 The King infers from the punishment awarded by the 
 Court Martial, although they have not explained the same 
 as in propriety they might have done, that in finding each of 
 the said Officers Guilty in the terms in the Charge, namely, 
 " of having behaved in a manner unbecoming the character 
 of an Officer and a Gentleman," they did not, however, con- 
 sider the misbehaviour to have been to the extent, or of a 
 nature intended by the 25th Article of War, of the l6th 
 section, to which the Charge evidently pointed, a convic- 
 tion under which Article would have indispensably required 
 a sentence of dismission from His Majesty's service. 
 
A. Bruce. 109 
 
 I am further to acquaint your Royal Highness, that His 
 Majesty has approved the Opinion of the Court Martial, 
 in acquitting Ensign Spnnner upon the Second article of 
 Charge ; all which 1 have accordingly signified to Lieute- 
 nant General Hulse, under whose orders the Court Mar- 
 tial was held. 
 
 I have the honour to be, &c. &c. 
 
 CHARLES MORGAN. 
 H. R. H. the 
 
 Duke of York, Sfc. S(c. 
 
 N. B. Lieutenant Wilkins was superseded in 1803, and 
 Ensign Spunner was killed as Captain in the 89th Foot 
 25th July, 18\4:.— Editor. 
 
 LIEUTENANT ALEX. BRUCE.— 1802. 
 
 Judge Advocate General's Office. 
 iOth March, 1802. 
 SIR, 
 Having had the honour of laying before the King the pro- 
 ceedings of a General Court Martial held at St. Vincent, 
 on the 23d of December last, for the trial of Lieutenant 
 Alexander Bruce, of the 37th Regiment of Foot, charged 
 
 1st. " With absenting himself from the Post of Owya, 
 where he was stationed, without leave from Captain Bur- 
 dett, the Commanding Officer at the Post, and even con- 
 trary to his positive orders to remain and do duty there f 
 
 2d. " With sending a challenge to Captain Burdett of 
 the S7th Regiment, his superior Officer, to fight a duel:" 
 
110 R. Young, 
 
 And also upon ths trial of lieateaant Charles Haslewood, 
 of the same regiment, charged 
 
 "With bringing or delivering a challenge from lieute- 
 nant Bruce to Captain Burdett, his superior Officef." 
 
 Of which respective Charges the Court have found the 
 said Lieutenant Bruce and Lieutenant HaslevKood Guilty, 
 and adjudged.eaph of themto be cashiered. 
 
 I esteem it my duty to acquaint your Royal Highness, 
 that His Majesty has thought fit to confirm the said Sen- 
 tence against each of those Officers respectively ; which I 
 have accordingly notified to Lieutenant General Sir Tho- 
 mas Trigge. 
 
 . Afl soon as I shall have been infonned of ihe day on 
 which His Majesty's pleasure shall have been respectively 
 made known to Lieutenant Bruce and Lieutenant Hasle- 
 wood, I shall not fail to acquaint your Royal Highness 
 therewith. 
 
 I have the honour to t»e, 8cc. &c. 
 
 CHARLES MORGAN. 
 
 QUAR. MAST. ROBERT YOUNG.— 1802. 
 
 ■^ Judge Advocate General's Office, ^Bth May, 1 802. 
 SIR, 
 
 Having had the honour of laying before the King 
 the .proceedings of a General Court Martial held at the Royal , 
 Hospitail at Chelsea, on the 11th of this instant May, and 
 
R. Young. Ill 
 
 on subsequent days, when Quarter Master Bohert Young, 
 of the late Light Infantry Battalion of Foot Guards, was 
 tried and found Guilty of * desertion from the said battalion 
 on the 3d day of February last, and also of epibezzlement 
 of money with which he was entrusted for regimental pur- 
 poses between the 25th of December 1801, and the 1st 
 of February 1 802, amounting to =£662. 2s. 6|d. and it was 
 adjudged by the Court, that he forfeit the arrears due to him 
 on account of his pay, towards making good the deficiency 
 occasioned by such embezzlement; that he be suspended 
 from pay for the space of twelve months ; that during that 
 time he be closely confined, and that at the expiration of 
 the period of his confinement he be dismissed His Majesty's 
 service with the greatest ignominy.' 
 
 I have it in command to acquaint your Royal Highness, 
 that His Majesty has been pleased to approve the adjudica- 
 tion of the Court Martial, whereby the amount of the money 
 embezzled is declared to be £66%. 2s. 6|d. and whereby it 
 is directed that the money due to the prisoner in respect of 
 pay be forfeited towards making good the said deficiency: 
 His Majesty has also approved that part of the Sentence, 
 whereby the prisoner is adjudged to be dismissed His 
 Majesty's service with the greatest ignominy; and His 
 Majesty being pleased to dispense with the confinement, 
 during a period of twelve months, which was awarded by 
 the Court, has thought fit to direct, that such dismission 
 from the service do take effect forthwith, the prisoner being 
 considered as still liable to any civil process for enforcing 
 payment of the sum, which will remain deficient after de- 
 ducting the amount of the forfeited arrears. 
 
 1 am further commanded to signify His Majesty's pleasure, 
 that, for the sake of example, the Sentence of the Court 
 
112 J. Ashbiirnham. 
 
 Martial, with His Majesty's confirmation thereof, be declared 
 
 in General Orders. 
 
 i have the honor to be, &c. &c. &c. 
 
 C. MORGAN. 
 H. R. H. the 
 
 Duke of York, Sfc. Sfc. Sic 
 
 CORNET JOHN ASHBURNHAM.— 1802. 
 
 Judge Admcute General's Office, 9,8th May, 1802. 
 
 SIR, 
 
 I have had the honour of laying before the King 
 the proceedings of a General Court Martial held in Hamil- 
 ton Barracks for the trial of Mr. John Ashbumham, a Comet 
 of the 3d (or King's own) Regiment of Dragoons, upon the 
 following charges, viz. 
 
 1 St. " Scandalous and infamous behaviour, unbecoming, 
 the character of an Officer and a Gentleman; in having with 
 an evident intention of deceiving, falsely represented himself 
 to be the only son of Sir William Ashburnham of Broom- 
 ham in Sussex, and also tO-be nephew to the Earl of Ash- 
 bumham, on whose demise and that of Lord St. Asaph, son 
 to the said Earl, who was sickly, he would inherit the titles 
 and large possessions, of which he made declaration to Lieu- 
 tenant Colonel Pye, Major of the 3d (or King's own) Regi- 
 ment of Dragoons, in the month of September last, soon 
 after his joining the regiment as Comet. And for giving 
 countenance to which misrepresentation of his being the son 
 of Sir William Ashbumham, he, in the month of December 
 
J. Ashburiiham. \ 13 
 
 last, placed in tlie hands of Mrs. Manley, wife of the Riding 
 Master of the regiment, a draft written on cheque paper, 
 such as is commonly used at the banking house of Messrs. 
 Hammersleys, bankers in London, for the sum of of 154. 
 payable to himself or bearer, purporting to bear date, 
 Broomham, 3d of December, 1801, and signed William 
 Ashburnham. 
 
 2dly. " Breaking his arrest on the following days, viz. on 
 January the 28th and 30th, and on the evening of the same 
 day, viz. the 30th, the said Cornet John Ashburnham infa- 
 mously attempted to corrupt and bribe the sentinel doing duty 
 over him, by offering the said sentinel a sum of money to 
 permit him to escape, when confined by order of Lieutenant 
 Colonel Pye, the Major of and then commanding the regi- 
 ment in North Britain, on suspicion of his having falsely 
 assumed the above mentioned character." 
 
 And esteem it my duty to acquaint your Royal Highness, 
 that His Majesty has approved and fully confirmed the 
 opinion and sentence of the Court Martial, whereby the said 
 Cornet John Ashburnham was upon inature consideration 
 of the evidence against him, and of what he offered in his 
 defence, found Guilty of the first of the said charges, and 
 also of part of the second charge,viz. of " breaking his arrest 
 on the 30th of January 1802, and of attempting to bribe 
 the sentinel placed over him," and was adjudged to be " dis- 
 missed from His Majesty's service, with all possible igno- 
 miny, and rendered for ever incapable of F>gain serving His 
 Majesty as an Officer;" and I am further to acquaint your 
 Royal Highness, that His Majesty has thought fit to direct, 
 that for the sake of example, the said sentence, together 
 with His Majesty's approval thereof, be promulgated in 
 General Orders; I have accordingly signified His Majesty's 
 pleasure respecting the sentence, to Lieutenant General 
 
114 h- Mackenzie. 
 
 Vyse, commanding His Majesty's forces in North Britain, 
 in order to the same being carried into execution, 
 
 I have, §cc. 
 
 CHA. MORGAN. 
 
 H. R. H. The Duke of York, SfC. SfC. SfC. 
 
 N. -B. Comet J. Ashburnham was dismissed the service on 
 the 29th of May, \80S„— Editor. 
 
 COLONEL LEWIS MACKENZIE.— 1802. 
 
 Judge Advocate General's Office, 18 June, 1802. 
 SIR, 
 
 I esteem it my duty to acquaint your Royal High-. 
 ness with the result of a General Court Martial held in 
 Edinburgh Castle on Thursday, the 20th of May last, and 
 continued by adjournment until the 10th of June, upon the 
 trial of Lewis Mackenzie, Esq. Colonel of tlie Ross and 
 Cromarty Regiment of Eencible Infantry, which I cannot do 
 more clearly than by inclosing to your Royal Highness a 
 copy of my letter, signifying His Majesty's pleasure thereon 
 to Lieutenant General Vyse, commanding His Majesty's 
 forces in North Britain. 
 
 I have, &c. 
 
 CHA. MORGAN. 
 H. R. H". The Duke of York, Sfc. ^c. SfC. 
 
 Judge Advocate General's Office, 18 June, 1802, 
 SIR, 
 
 I have had the honor of laying before the King 
 the proceedings of a General Court Martial held in Edin- 
 burgh Castle on Thursday, the 20th of May last, and con- 
 tinued by adjournments until the 10th of June, when Lewis 
 "Mackenzie, Esq. Colonel of the Ross and Cromarty Regi- 
 ment of Fencible Infantry, was tried upon the following 
 «;harges, viz. 
 
L. Mackenzie. 115 
 
 1st. " Having compelled the soldiers of the said regiment, by 
 threats and confinement, to receive slop clothing out of his private store, 
 paid for out of their subsistence ; from which he derived the excessive 
 profit of ]4s. or upvrards upon each suit, and obliging them to vi-^ear 
 the same, they having been allovred no other clothing in North Bri- 
 tain or Ireland, betvreen the 14th of April, 1799, and the 1st of April, 
 1800. 
 
 2d. " Having withheld from the men of the said regiment their 
 proper clothing for the year 1799. 
 
 3d. " Having withheld from the men of the said regiment their 
 proper half-mounting for the year 1801. 
 
 4th. " Having withheld from the men of the said regiment money 
 stopped from them in 1799, at the rate of seven shillings and sixpence 
 eaph man, for knapsacks delivered to them in that year, the accompts 
 of the tradesmen who furnished the said knapsacks still remaining 
 unsatisfied ; and the said Colonel Mackenzie well knowing that the 
 usual allowance would be made to him by government for pro^'iding 
 the said knapsacks." 
 
 Upon which several Charges, the decision and Sentence of 
 the Court Martial were of the following tenor. 
 
 " The Court having deliberated on the evidence adduced by 
 the prosecutor and that adduced by the prisoner on his defence, 
 and the statement made by both parties, are of opinion upon 
 the First Charge, that the prisoner. Colonel Lewis Mackenzie 
 of the Ross and Cromarty Regiment of Fencible Infantry, is 
 Not Guilty of having by threats or confinement compelled the 
 men of the said regiment to receive slop clothing out of his 
 private store, and do therefore acquit him of that part of the 
 charge. 
 
 " The Court is of opinion also, that the said Colonel Lewis 
 Mackenzie is Not Guilty of having derived a profit of Four- 
 teen shillings, or any profit from the sale of the slop clothing, 
 and do therefore acquit him of that part of the Charge. 
 
 " The Court is also of opinion, that the said regiment hav- 
 ing tieen kept in slop clothing from the time specified in the 
 Charge, arose from the circumstance of its having marched to 
 Ireland soon after it became a regiment, and from its frequent 
 change of quarters ; and do therefore acquit the said Colonel 
 Lewis Mackenzie of having unnecessarily kept the regiment in 
 slop clothing. 
 
 " Upon the Second' Charge, the Court is of opinion that the 
 said Colonel Lewis Mackenzie did not withhold from the men 
 
 I 2 
 
] 1 6 L. Mackenzie. 
 
 of the said regiment their proper regimental clothing for the 
 year 1 799, and do therefore most honourably acquit him of the 
 same. 
 
 " Upon the Third Charge the Court is of opinion, that the 
 said Colonel Lewis Mackenzie, without any improper intention, 
 but from having misconceived the meaning of the warrant of 
 date»a3d April, 1801, has not issued to the men of the said 
 regiment their proper half mounting for the year 1801. And 
 therefore, although they acquit him of any improper intention 
 in withholding their half mounting from the men for that year, 
 they are of opinion that it is actually due, and do therefore 
 award the said Colonel Lewis Mackenzie to pay the same to 
 the men of the said regiment, and for such irregularity to be 
 reprimanded in such manner as his Majesty shall direct. 
 
 " Upon the Fourth Charge the Court is of opinion, that a 
 charge has been made to the men of the said regiment in their 
 accounts of the sum of 7s. 6d. each for knapsacks, which has 
 not since been credited to them ; 
 
 " That the tradesmen's bills who furnished these knapsack's 
 appear to have been paid by the said Colonel Lewis Mackenzie 
 at the time the regiment was passed, and therefore that part 
 of the charge, viz. the tradesmen's bills who furnished the said 
 knapsacks being unsatisfied, is unfounded; 
 
 " It also appears to this Court that at the time the charge of 
 7s. 6d. above mentioned was made, the prisoner was unin- 
 formed upon the existing orders on the subject, and that any 
 allowance was to be made to him for knapsacks, and are 
 therefore of Opinion, that the said Colonel Lewis Mackenzie 
 is Guilty of irregularity in not having made himself acquainted 
 with these Orders, and do further sentence him to refund to the 
 men so charged the sum of 7s. 6d. and do further sentence 
 him to be reprimanded for such irregularity in such manner as 
 his Majesty shall please to direct. 
 
 " But it appears to the Court, that although they are fully 
 sensible that the said Colonel Lewis Mackenzie has not liimself 
 derived any profit from the sale of the slop clothing, yet an 
 overcharge has with liis knowledge but without any fraudulent 
 pr criminal intention on his part been made to the men offoiir 
 
L. Mackenzie. 1 1.7 
 
 shillings upon an average upon each suit of slop clothing, and 
 therefore he having through neglect of duty permitted such an 
 overcharge in breach of the Articles of War, they sentence him 
 to refund to each of the men so overcharged the said sum of four 
 shillings; and the Court being convinced that the prisoner has 
 not durins; the whole of the transactions which have been the 
 subject of this trial been actuated by any dishonourable motives 
 have here to regret that no alternative is left to them, the Articles 
 of War pointing out a particular Sentence for the crime for which 
 the prisoner appears from a want of proper information of the 
 present regulations to have been guilty, and do therefore further 
 sentence him to be dismissed from His Majesty's Service." 
 
 And I am commanded to acquaint you, that His Majesty has 
 been graciously pleased to remit the Sentence of the Court 
 Martial, whereby the said Colonel Lewis Mackenzie was ad- 
 judged to be dismissed from His Majesty's service, as also to dis- 
 pense with the reprimand awarded by the Court Martial, in the 
 expectation, and upon the express condition, that he make full 
 and speedy compensation to the several soldiers of the regiment 
 for their proper half mounting for the year 1801, and that he also 
 refund the sum of 7s. 6d. to every soldier on whom such charge 
 for knapsacks has been erroneously made, and that he likewise 
 make good to the several soldiers of the regiment who have been 
 furnished with the slop clothing four shillings in respect of their 
 being overcharged to that amount for the same. 
 
 I did not fail at the same time to submit to His Majesty 
 agreeably to your desire, the letter which you had received from 
 Major General Ferrier the president of the Court Martial, a copy 
 whereof, as it is expressive of the sentiments of the Court Mar- 
 tial upon the motives and conduct of the prosecutor, lately a 
 Captain in the same regiment. His Majesty has thought proper 
 to accompany a publication of the sentence, and for that purpose 
 I subjohi by His Majesty's command a recital thereof, viz. 
 
 "Edinburgh, 10 June, 1802. 
 "SIR, 
 
 " I have the honor to present to you the proceedings of a 
 General Court Martial of which I havft the honor to be president, 
 
118 L. Mackenzie. 
 
 and to express their opinion to you, that this prosecution has iidt 
 been carried on by the prosecutor, Mr. Munro, li'ith a view to 
 do justice to the soldier or to His Majesty's service, but with 
 every motive of malice and recrimination, he never having come 
 forward with any charge on the subject between the 6th of Sep- 
 tember, 1 799, the day the regiment was passed^ and the 7th of 
 October, 1801, the day that he was put under arrest by the pri- 
 soner. 
 
 " For these reasons, as well as the opinion they have formed 
 from a general view of the whole proceedings, that Colonel Mac- 
 kenzie has not in any of the transactions which have formed the 
 subject of this trial been actuated by any dishonorable motives, 
 they humbly beg leave to recommend him to the consideration of 
 His Majesty in mitigation of that part of the Sentence which 
 adjudges him to be dismissed from His Majesty's Service. 
 
 " The Court request that you will have the goodness to trans- 
 mit this letter to be laid before His Majesty. 
 
 I have, &c. 
 HAY FERRIER, Maj. Gen. President. 
 " Lieut. Gen. Vyse, commanding 
 
 H. M. Forces in North Britain." 
 
 I have, &c. 
 (Signed) CHARLES MORGAN. 
 
 Lieut. Gen. Vyse, Sfc. SfC. Src. 
 
 N. B. The Ross and Cromarty Fencibles were disbanded at 
 Stirling Castle, on the £7th July, 1802; — Editor. 
 
 LIEUTENANT RICHARD BROME and 
 ENSIGN WILLIAM HUGHES.— 1802. 
 
 Judge Advocate General's Office, 19 June, 1802. 
 SIR, 
 
 I havp had the honor of laying before the King the pro- 
 ceedings of a General Court Martial held at Parkhurst Barracks, 
 in the Isle of Wight, on the gtli of this instant June, aud on sub- 
 sequent days, for the trials of Lieutenant Richard Brome, of the, 
 8 1st Regiment, and of Ensign William Hughes, of the 64th Regi- 
 
li. Brome. 1 19 
 
 ment, the charges against whom respectively, together with the 
 decision of the Court Martial upon each, are set forth in the an- 
 nexed schedule, and am to acquaint your Royal Highness, that 
 His Majesty has approved the Opinion of the Court Martial, and 
 has thought fit to confirm the Sentence, whereby the said Lieu- 
 tenant Richard Brome is adjudged to be suspended from Rank 
 and Pay as Lieutenant in the 81st Regiment, for the space of six 
 mouths, to be computed from the 15th day of this month, and I 
 have also the honour to acquaint your Royal Highness, that His 
 Majesty has confirmed the Sentence of the Court Martial against 
 Ensign William Hughes of the 64th Regiment, who is adjudged 
 to be publicly reprimanded in such manner as your Royal High- 
 ness the Commander in Chief shall be pleased to appoint. 
 
 I have &c. 
 
 CHARLES MORGAN. 
 //. R. H. the Duke of York, Spc. Sf-c. Sj-c. 
 
 CHARGES 
 
 Against Lieutenant Richard Brome, of the 81st Regiment. 
 
 Having disobeyed an order of Major General Hewett, of the 1 9th 
 April, 1802, communicated to him by Brigade Major Kenton that day; 
 having behaved disrespectfully to Lieutenant Colonel Farquhai', com- 
 manding (in the absence of Major General Hewett) the troops in the 
 Isle of Wight; and having behaved in an ungentlemanlike manner by 
 appeai'ing dressed unlilte an Officer, and shamefully intoxicated, at a pub- 
 lic ball at the Sun Inn in Newport, on the night of the 22d of April, 
 1802, to the prejudice of good order and nulitaiy discipline. 
 
 SENTENCE. 
 
 The Court having maturely considered the evidence which has 
 been given in support of the prosecution, as well as that which 
 Lieutenant Richard Brome, of the 81st Regiment, has produced 
 in his defence, is of opinion, that the said Lieutenant Richard 
 Brome is Guilty of the First Charge brought against him by 
 Lieutenant Colonel Farquhar, viz. ' for having disobeyed an order 
 of Major General Hewett.' The Court is further of opinion, 
 that the said Lieutenant Richard Brome is Guilty of the Second 
 Charge preferred against him, viz. ' of having behaved in a dis- 
 respectful manner to Lieutenant Colonel Farquhar,' inasmuch as 
 he entered into altercation with Lieutenant Colonel Farquhar, 
 instead of quitting the ball room at the moment when ordered so 
 
120 fV. Hughes. 
 
 to do. The Court is further of opinion, that the said Lieute- 
 nant Richard Brome is Not Guilty of the First Article of the 
 Third Charge, preferred against him, viz. with having behaved in 
 an ungentlemanlike manner, by appearing dressed unlike an OflB- 
 cer; and doth therefore acquit him the said Lieutenant Richard 
 Brome thereof, in consideration that his regimentals were packed 
 up for his departure in obedience to the orders he had received. 
 The Court is further of opinion, that Lieutenant Richard Brome 
 is Guilty of the Second Article of the Third Charge preferred 
 against him, viz. ' of being intoxicated at a public ball at the Sun 
 Inn, in Newport, on the night of the 22d April last,' but not to 
 the extent, or of a nature intended, by the 26th Article of War, 
 of thelfith section, and this Court doth therefore adjudge the 
 said Lieutenant Richard Brome, of 81st Regiment, to be sus- 
 pended from his Rank and Pay as Lieutenant in the said regi- 
 ment for the space of Six Months from the date thereof. 
 
 N. B. Lieutenant Brome was susperseded in 1806, as a Lieu- 
 tenant in the 5th West India Regiment. — Editor. 
 
 CHARGES 
 
 Against Ensign William Hughes of the 64th Regiment. 
 Having in breach of good order and military discipline entered into a 
 riot with some people of the town of Newport on the 30th April, 1802, 
 and taking the firelock from the Sentinel posted at the barrack gate, in 
 order to attack and disperse the mob. 
 
 SENTENCE. 
 
 The Court, having maturely considered the evidence which 
 has been given in support of the prosecution, as well as that 
 which Ensign William Hughes, of the 64th Regiment, has pro-^ 
 duced in his defence, is of opinion, that the said Ensign William 
 Hughes is Not Guilty of the First Charge preferred against him, 
 the said Ensign William Hughes, by Lieutenant Colonel Farqu- 
 har, and doth therefore acquit him the said Ensign William 
 Hughes thereof. 
 
 The Court is further of opinion, that the said Ensign William 
 Hughes is Guilty of the Second Charge brought against him by 
 Lieutenant Colonel Farquhar, and this Court doth therefore ad- 
 judge him, the said Ensign William Hughes, to be publicly repri- 
 
J. Imlach. 12! 
 
 manded, in such manner and at such time as the Commander in 
 Chief shall be pleased to appoint. 
 
 N. B. Ensign W. Hughes resigned his commission.-^Editor. 
 
 ENSIGN JAMES IMLACH.— 1802. 
 
 SIR, 
 
 Judge Advocate General's Office, 21 June, 1802. 
 
 I esteem it my duty to acquaint your Royal Highness 
 with the result of a General Court Martial, held in the Island of 
 Grenada, on the 4th and 3th days of February last, for the trial 
 of Ensign James Imlach of the 3d West India Regiment, which 
 I cannot do more clearly than by inclosing to your Royal High- 
 ness a copy of my letter signifying His Majesty's pleasure there- 
 on to the Commander in Chief of His Majesty's forces in the 
 Windward and Leeward Charibbee Islands. 
 
 I have, &c. 
 CHARLES MORGAN. 
 H. R. H. The Duke of York, SfC. SfC. SfC. 
 
 Judge Advocate General's Office, 21 June, 1802. 
 SIR, 
 
 I have had the honor of laying before the King the pro- 
 ceedings of a General Court Martial held in the island of Grena- 
 da, on the 'ith and 5th days of February last, when Ensign James 
 Imlach, of the 3d West India Regiment, was tried upon a Charge 
 (preferred by Lieutenant Colonel Dunbar) of " Ungentlemau- 
 like conduct, and also on suspicion of having issued short allow- 
 ance of provisions to a detachment of the said regiment when 
 under his Command at Grand Etang, and was found Guilty of 
 the First Charge, namely, 'behaving in an ungentlemanlike 
 manner,' declared by the Court to be a breach of the 22d article 
 of the 1 6th section of the Articles of War, and was therefore 
 sentenced to be dismissed from His Majesty's service, but was 
 acquitted upon the last mentioned Charge, the Court Martial be- 
 ing inclined to think, although it was proved that short rations 
 were issued, that the same was practised without his concur- 
 rence or privity, who was nevertheless blameable in not having 
 made it his business to look to the delivery of the rations. — And 
 
123 J. Imlach. 
 
 I am to acquaint your Excellency that His Majesty, takittg the 
 whole matter into his Royal consideration, and adverting parti- 
 cularly to the youth and inexperience of the defendant, is graci- 
 ously pleased to permit, that he may dispose of his Commission, 
 having purchased the same, whereby he may be enabled to re- 
 turn to his friends in his native country. 
 
 His Majesty has commanded me at the same time to point out 
 the irregularity of bringing before a Court Martial, and putting 
 an Officer upon his trial for a vague Charge of ungentlemanlike 
 conduct, unaccompanied with a designation of the offence to 
 which that predicament is meant to be applied — and I am fur- 
 ther commanded to express His Majesty's surprise that the 
 Court Martial should have pursued the like irregular course, 
 finding the defendant Guilty generally of ungentlemanlike beha- 
 viour, delcaring his crime to be in contempt of a special. Ar- 
 ticle of War, which has for its object the removal from the ser- 
 vice of Officers who are convicted of scandalous and infamous 
 behaviour, and thereby affixing a most serious imputation upon 
 the prisoner's character, without attending to an express pro- 
 vision contained in the same Article of War, which enjoins that 
 in every Charge against an Officer for scandalous and unbecom- 
 ing behaviour, the facts or fact, whereon the same is grounded, 
 shall be clearly specified. 
 
 As a recital in Public Orders of both the Charge and the 
 Sentence would not convey any idea of the offence objected to 
 the defendant, it may not be improper to explain that the fact 
 on which the conviction is presumed to have turned, and to 
 which the prisoner has principally directed his defence, was that 
 of having inconsiderately and reprehensibly messed for some 
 days in common with Non-commissioned Officers of a detach- 
 ment, to the command of which he (very young) was unfortu- 
 nately appointed, almost immediately after his having joined the 
 regiment, and before he had acquired any knowledge of the duty 
 required from him. I have, &c. &c. 
 
 CHA. MORGAN. 
 Officer Commanding the Forces 
 
 in the Windward and Leeward Charibbee Islands. 
 
 N. B. Ensign Imlach was allowed to sell his commission. — Editor. 
 
J. CampbelL 1S4 
 
 LIEUTENANTS JOHN CAMPBELL, 
 AND JOHN M'DURMOTT— 1802. 
 
 Judge Advocate General's Office, 21 June, 1802. 
 
 SIR, 
 
 1 have had the honour of laying before the King the pro- 
 ceedings of a General Court Martial held in the island of Marti- 
 nico, on the 25th of May last, and on -subsequent days, for the 
 trials of Lieutenants John Campbell, and John M'Durmott, of 
 the 7 th West India Regiment, the Charges against whom respec- 
 tively, together with the Opinion and Sentence of the Court 
 Martial are hereunto subjoined, and I esteem it my duty to ac- 
 quaint your Royal Highness, that His Majesty has thought fit 
 to confirm the sentence of the Court Martial against Lieute- 
 nant John Campbell, whereby he is adjudged to be cashiered -^ 
 but His Majesty has been graciously pleased to permit, that 
 Lieutenant John M'Durmott do retire upon Half Pay; whicli 
 has been communicated to Lieutenant Sir Thomas Trigge,. and 
 to Lieutenant General Grinfield. 
 
 As soon as I hear from either of them, that His Majesty's- 
 pleasure has been made known to Lieutenants Campbell and 
 M'Durmott, I shall not fail to acquaint your Royal Highness> 
 therewith. 
 
 I have, 8lc. Sec. 
 
 CM. 
 
 H. R. H. the Duke of York, SfC. 4-c. S^c. 
 
 CHARGES 
 
 Preferred against Lieutenant J ohn Campbell, of the 7th West 
 India Regiment. 
 
 1st. Causing a false alarm m the garrison at the Ridge, by discharg- 
 ing fire-arms between the hours of ten and eleven o'clock, on the night 
 of the 25th of April, 1802. 
 
 2d. Insolent behaviour to Lieutenant Colonel Shaw, his Commanding 
 Officer, on the night of the 25th of April, 1802. 
 
 3d. Tlireateniug behaviour to a Court of Inquiry ordered to investi- 
 gate the cause of tlie alarm. 
 
124 J. M'Durmott. 
 
 OPINION and SENTENCE. 
 The Court, having most maturely and deliberately considered 
 the evidence on the part of the prosecution, and also the defence 
 of the prisoner, with the evidence he has brought forward in 
 support thereof, is of opinion that the prisoner John Campbell, 
 Liieu tenant 7th West India Regiment, is Guilty of the whole of 
 the Charges exhibited against him, being a breach of the Arti- 
 cles of War, and does therefore Sentence him to be cashiered. 
 
 CHA. MORGAN. 
 
 CHARGE 
 
 T*referred against Lieutenant John M'Durmott of the 7th West 
 
 India Regiment. 
 
 Causing a false alarm in the garrison at the Ridge, by discharging 
 fire-arms between the hours of ten and eleven o'clock on the night of 
 the 25th April, 1802. 
 
 OPINION and SENTENCE. 
 The Court, having most maturely and deliberately considered 
 the evidence on the part of the prosecution, and also the defence 
 of the prisoner, with the evidence he has brought forward in 
 support thereof, is of opinion that the prisoner John M'Dur- 
 mott, Lieutenant in the 7th West India Regiment, is Guilty of 
 the Charge exhibited against him, being a breach of the Articles 
 of War, and does therefore sentence him to be cashiered. 
 
 CHA. MORGAN. 
 
 N. B. Lieutenant John M'Durmott was superseded in 1804 as 
 Lieutenant in the 58th Regiment. — Editor. 
 
 CAPTAIN CHARLES GORE.~1802. 
 
 COPY of the SENTENCE 
 Of a General Court Martial held at the Royal Hospital, Chel- 
 sea, on Tuesday, the 3d of August, 1802, and on subse- 
 quent days, for the trial of Captain Charles Gore, of the 3d 
 Regiment of Foot Guards. 
 The Court Martial, having duly and deliberately weighed the 
 evidence and the whole matter, is of opinion with respect to the 
 
C. Gore. 125 
 
 First instance, of Disobedience of Orders, and UnofBcerlike 
 conduct, alleged against the prisoner, Captain Charles Gore, yiz. 
 
 "Endeavouring to avoid landing, -when ordered to land with the 
 company to which he belonged, on the 8th of March, 1801, from on 
 board His Majesty's ship La Renomfee, off Aboukir, on the coast of 
 Egypt;" 
 
 That he is not Guilty, and doth therefore acquit him. 
 
 With regard to the Second instance, viz. 
 
 "After having landed, and the company was engaged in action, ab- 
 senting himself fi'om the company during the greater part of the action;'' 
 The Court is of opinion, that the prisoner. Captain Gore, is 
 Not Guilty ; it having appeared to the full satisfaction of the 
 Court that he did exert himself on the 8th of March, 1801, to 
 the extent which his infirmities would admit. 
 
 The Court Martial is of opinion that Captain Gore is Not 
 Guilty of the next instance of misconduct imputed to him, viz. 
 
 " Absenting himself from the company to which he belonged, on the 
 21st March, 1801, before Alexandria in Egypt, when the company was 
 engaged with the enemy, and remaining absent from the company during 
 the greatest part of the action in that day, and whereby the command of 
 the company during the whole of the action devolved upon an Ensign;" 
 And doth therefore acquit him of the same, it having appeared 
 fully to the Court, that he did on that day also exert himself to 
 the utmost extent which his infirmities would admit. 
 
 With respect to the Third and last Article of Charge, viz. 
 
 " Scandalous and infamous behaviour unbecoming the character of an 
 Officer and a Gentleman, in having, after his return to England, in or 
 about the month of April last, made a false representation of the state 
 of his health to the Commanding Officer of the 3d Regiment of Foot 
 Guards, viz. by alleging, that he had taken the opinion of Doctor Rey- 
 nolds, whom, at that time, he had not consulted ;" 
 The Court is of opinion that Captain Gore is Guilty of hav- 
 ing alleged, that he had taken the opinion of Dr. Reynolds, 
 whom at that time he had not consulted ; but it does not appear 
 to the Court to be of that description of oflfence which amounts 
 to scandalous and infamous behaviour, and the Court doth there- 
 fore for the crime of which Captain Gore is found Guilty, taking 
 all the circumstances of the case into consideration, adjudge that 
 he be publicly reprimanded by the Officer commanding tlie 3d 
 Regiment of Foot Guards. 
 
 CM. 
 
126 t. Gore. 
 
 Judge Advocate General's Office, 17 August, 1803, 
 
 SIR, 
 
 Having had the honor of laying before the King the pro- 
 ceedings of a General Court Martial held at the Royal Hos- 
 pital, at Chelsea, on Tuesday the 3d, and continued by adjourn- 
 ment until Friday, the 6th day of this instant August, upon the 
 trial of Captain Charles Gore, a Lieptenant in the Third Regi- 
 ment of Foot Guards ; I take the earliest opportunity of stating 
 for your Royal Highness's information (in the annexed paper), 
 the decision of the Court Martial upon the several Articles of 
 Charge which were preferred against him, and also of acquaint- 
 ing your Royal Highness, that His Majesty has approved thp 
 Opinion of the Court Martial in acquitting Captain Gore upon 
 those Articles of Charge which imputed to him a remissness of 
 duty when the regiment was engaged in actual service. 
 
 -Upon thp subject of the other Charge, I have it in command 
 to express, that His Majesty inclines to think if the Court Mar- 
 tifil should be reconvened for the purpose of revising their opinion, 
 the members thereof would upon further consideration feel 
 the propriety of passing a sentence which might more strongly 
 mark the very serious o£Fence of making an untrue averment to 
 a Commanding Officer, especially on a point which would govern 
 his discretion in granting or refusing an application, if made, for 
 a leave of abserice from the regiment, upon the score of indis- 
 position; but His Majesty perceiving from the evidence, as well 
 as from the general scope of the defence upon every part of the 
 case, that Captain Gore's state of health has rendered him un- 
 equal to any considerable exertion, and in many instances un- 
 able to discharge the duties of an Officer, has not deemed it ne- 
 cessary that the further sense of the Court Martial should be 
 taken, but has directed that it be intimated to Captain Gore, 
 that His Majesty has not any further occasion for his service.^ 
 Commiserating, however, the infirmities under which he labours. 
 His Majesty is most graciously disposed to permit that he re- 
 ceive the regulated price of a Commission of Lieutenaut in the 
 
W. Lidmith. 127 
 
 Foot Guards, which he has in eiFect purchased by an exchange 
 with another Officer. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
 //. R H. the Duke of York, SfC. SfC. S^c. 
 
 N. B. Captain Gore was permitted shortly afterwards to dis- 
 pose of his Commission. — Editor. 
 
 LIEUTENANT WILLIAM LEDWITH.— 1802. 
 
 COPY of the OPINION and SENTENCE 
 Of a General Court Martial held at Cork, on the 15th of Octo- 
 ber 1802, and continued by adjournments until the 1 0th of 
 November following, for the trial of Lieutenant William 
 Ledwitb, of the 45th Regiment. 
 The evidence being closed, and the prisoner withdrawn, the 
 Court took into their serious consideration the evidence which 
 had been laid before them, and are of opinion that the prisoner 
 is Not Guilty to the full extent of the Charges preferred against 
 him, viz. of behaving in a scandalous infamous manner, such as 
 is unbecoming the character of an Officer and a Gentleman, by 
 stealing from the mess-room of the regiment a pocket handker- 
 chief, marked with the initials of Captain Fothergill's name, and 
 keeping the same in his possession for a considerable time, and 
 pot returning it. And by having stolen from the mess-room, by 
 his own acknowledgment, a bottle of wine, the property of the 
 mess, and suffering the wine so stolen to be charged to another 
 person, and by taking from the same place a pocket-book, the 
 property of Captain Forthergill. The Court acquit the pri- 
 soner Lieutenant Ledwith of the Charge relating to the pocket 
 book, but find him Guilty of having acted with the greatest im- 
 propriety, derogatory to the character of an Officer, although not 
 with fraudulent intentions, by keeping in his possession the 
 pocket handkerchief in question — and of having taken a bottle 
 of wine from the mess-room, and in sufteiing that wine to be 
 charged to another, in breach of the Articles of War. And the 
 Court do therefore adjudge, that the prisoner Lieutenant Wil- 
 liam Ledwith, of the 45th Regiment, shall be publickly repri- 
 
12S K. Bunbary. 
 
 manded by the Commanding Officer of the 43th Regiment, in 
 presence of the Officers of the said corps, and that he shall be 
 suspended from Rank and Pay in His Majesty's Service for the 
 space of six calendar months from this day. 
 
 The above is to be entered in the Orderly Book of every regi- 
 ment. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 B. N. Lieutenant Ledwith was permitted shortly afterwards to 
 dispose of his Commission. — Editor. 
 
 CAPTAIN KANE BUNBURY.— 1802. 
 
 Judge Advocate General's Office, 10 December, 1802. 
 
 SIR, 
 
 Having had the honor of laying before the King the 
 proceedings of a General Court Martial, held at the Royal Hos- 
 pital, at Chelsea, on the 22d day of November last, and conti- 
 nued by adjournments till the 25th of the month, upon the trial 
 of Captain Kane Bunbury, of the 7th (or Princess Royal's) 
 Regiment of Dragoon Guards, upon the following articles of 
 Charge, viz. 
 
 1st. "Disobedience of Orders in permitting Zacharia Jones, private 
 in his troop, to neglect his troop horse, by allowing him to ride a horse 
 not belonging to the regiment, with a pair of saddle bags behind him, on 
 the 30th of September, and 1st of October, 1802, whilst on the march 
 from Leicester to Birmingham j" 
 
 2d. " Unofficerlike conduct in having denied any knowledge of said 
 Zacharia Jones having marched with the regiment with a pair of saddle 
 bags, when spoken to by his Commanding Officer, when he must have 
 seen and well knovni that he marched in that state with the troops from 
 Leicester, on the 30th of September, and 1st of October, 1802, to Bir- 
 mingham;" 
 
 3d. " Disrespectful and unofficerlike language towards his Command- 
 ing Officer, on the 3d of October, by telling the Hon. Lieutenant Colo- 
 nd. Mahon, in the public mess-room of the regiment, that his conduct 
 was very ungentlemanlike in sending Lieutenant Michael Mahon, the 
 acting Adjutant of the regiment, to order said Zaccharia Jones to his duty, 
 and not to attend in future the horses he had in care." 
 
 I am to acquaint Your Royal Highness, that His Majesty has 
 approved the decision and Sentence of the Court Martial, a 
 
K. Bunhury. 129 
 
 transcript whereof is hereunto annexed, and to direct that the 
 same be promulgated in Public Orders accordingly. 
 I have, 8cc. 
 
 CHARLES MORGAN. 
 
 H. R. H. the Duke of York, Sj-c. Src. 3rc. 
 
 COPY of the OPINION and SENTENCE 
 Of a General Court Martial, held at the Royal Hospital, at Chel- 
 sea, on the 22d day of November, 1802, and continued by 
 adjournments till the 'i5th of the same month, for the trial 
 of Captain Kane Bunbury, of the 7th (or Princess Royal's) 
 Regiment of Dragoon Guards. 
 
 The Court Martial, having duly and deliberately considered 
 the whole matter, is of Opinion that Captain Bunbury, of the 
 7th (or Princess Royal's) Regiment of Dragoon Guards, is Not 
 Guilty of the First article of Charge, and doth therefore ac- 
 quit him, it not having been proved to the satisfaction of the 
 Court, that Captain Bunbury, whose troop, was at an out quar- 
 ter, did receive the last verbal order given out respecting bat 
 men, although the Order was in force at the Head Quarters of 
 the regiment. 
 
 The Court is also of Opinion, that Captain Bunbury is Not 
 Guilty of the Second Charge, and doth therefore acquit him. 
 
 With respect to the Third Article of Charge, viz. 
 
 'Disrespectful and unofficerlike language towards his Commanding 
 Officer on the 3d October last, by telling the Hon. Lieut. Colonel Mahon 
 in the mess room of the regiment, that his conduct was very ungentleman- 
 like in sending Lieutenant Michael Mahon, the acting Adjutant of the 
 regiment, to order Zacharia Jones to his duty, and not to attend in future 
 the horses he had in care ;' 
 
 The Court is of Opinion that Captain Bunbury is Guilty, but 
 taking into consideration the Apology which Captain Bunbury 
 offered to make to the Hon. Lieutenant Colonel Mahon, and 
 which Captain Bunbury has publicly declared his willingness 
 ctill to make, and which offer is in the following terms, viz. 
 
 ' Birmingham, 6th October, 1802. 
 'SIR, 
 
 ' The late event which took place in the mess-room, 
 on the 3d instant, is of that nature that it is impossible to justify, ' 
 and I cannot, on reflection, imagine what could induce me to 
 
 K 
 
1 30 W. Haslewood. 
 
 have been led to such an unwarrantable length.^-To say that I am 
 sorry, perhaps, is but little ; but if apologizing to you can lead 
 to an oblivion of the business, I shall be happy to do so.' 
 
 ' I have, &c. 
 
 K. BUNBURY, 
 Captain, 7th Dr. Guards.' 
 Hon. Lieut. Col. Mahon, 7th Dr. Guards. 
 
 The Court doth only adjudge that Captain Bunbury be sus- 
 pended fronii Hank and Pay for three calendar months, and the 
 Court doth beg leave to recommend that this Sentence, includ- 
 ing the recital of the said Letter from Captain Bunbury, to 
 the Hon. Lieutenant Colonel Mahon, be promulgated in Public 
 Orders. 
 
 C. M. 
 
 N. B. This Officer is now a Brevet Lieutenant Colonel and 
 Major of the said Regiment. — Editar. 
 
 LIEUT. WILILAM HASLEWOOD.— 1802. 
 
 Judge Advocate General's Office, 10 December,^ 1 802. 
 SIR, 
 
 I have had the honour of laying before the King the 
 
 proceedings of a General Court Martial, held at Newry, on the 
 1st of November last, and on subsequent days, for the trial of 
 Lieutenant William Haslewood, of the 8i2d Regiment, upon the 
 following Charges, preferred against him by Lieutenant Colonel 
 Losack of the same regiment, viz. 
 
 ' For Calumniating his Commanding Officer, Lieutenant Co- 
 lonel Losack, to the prejudice of Military discipline, and for 
 general aspersion on the regiment, hiy Letter addressed to Cckla^. 
 nel Brownrigg, dated "Newjy-barracks, Ireland, September 24th 
 1802," ' of which the Court Martial found him Guilty, and ad- 
 judged him to be reprimanded at the head, of the regiment, and 
 tp ^ dismissed the Service ; but from his length of service, and 
 general good character, both as an Officer and a G«»tleman, 
 clearly evinced by the evidence of LieutenaiDt Colonel Losack 
 ' an,d others, humbly recommeBded him te be flowed permission 
 to sell his Commissioa of a Li:^iU!en^t. . 
 
Hon, C, G. M'CMan, and J. R. L. Uoyd. I3l 
 
 And I esteem it my duty to acquaint your Royal Highness, 
 that in gracious compliance with the recommendation of the 
 Court Martial, and in consideralion of Lieutenant Haslewood 
 having purchased a Commission of Ensign at his entrance into 
 riie service, His Majesty has been pleased to permit, that he sell 
 his Lieutenancy in the 82d regiment, which I have accordingly 
 .notified to General Sir William Medows, Commander of His 
 Majesty's Forces in Ireland, under whose orders the Court Mar- 
 tial was held. 
 
 I have, &c. 
 
 CM. 
 H. R. H. the Duke of York, SfC, SfC. <§c. 
 
 CAPTAIN THE Hon. C. G. M'CLELLAN, and 
 ENSIGN J A. RICH. LEWES LLOYD.— 1803. 
 
 G. O. Horse Guards, 14 April, 1803. 
 
 The following copy of a Letter from the Judge Advocate 
 General, with the Opinion and Sentence of the General Court 
 Martial to which it refers, are to be read at the head of every 
 regiment, and entered in the Regimental Orderly Books. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Adiocate General's Office, 6 April, 1803. 
 SIR, 
 
 I have had the honour to lay before the King the pro- 
 ceedings of a General Court Martial, held at theRoyal Hospital, 
 at Chelsea, on Thursday the 31st day of last month, and Friday 
 the 1 st day of this instant April, upon the trial of Captain the 
 Hon. Camden Gray M'Clellan, and Ensign James Richard 
 Lewes Lloyd, of the Coldstream Regiment of Foot Guards, 
 both charged with ' Disorderly and disgracefiil behaviour while 
 on duty with a detachment of the Coldstream Regiment of Foot 
 Guards at Woolwich, on Wednesday the l6th March, 1803, by 
 raenaeing each other in a manner very unbecoming the character 
 of Officers, and even descending so far as to make use of blows, 
 to the prejudice of good Order and Military discipline;' the 
 
 K 2 
 
133 Hon. C. G. M'Clellan, and J. R. L. Lloyd. 
 
 deeision of which Court Martial is contained in the transcript 
 hereunto annexed, and I am commanded to acquaint your Rojrai 
 Highness, that His Majesty has thought it necessary to confirm 
 the Sentence of the Court Martial against Captain M'Clellan, 
 whereby he is adjudged to be dismissed from His Majesty's Ser^ 
 vice. 
 
 His Majesty, in consideration of the gross provocation offered 
 to Ensign Lloyd, which the Court has noticed in their Sentence, 
 has also thought fit to confirm the adjudication of the Court Mar- 
 tial, whereby that Officer is only to be suspended for six months, 
 which Sentence must otherwise have appeared extremely leni- 
 ent, considering the very disgraceful scene which gave occasion 
 
 to this trial. 
 
 I have, &c. 
 
 CM. 
 H. R. H. the Duke of York, Sfc. Sfc. Sfc. 
 
 COPY of the SENTENCE 
 Of a General Court Martial, held at the Royal Hospital, at 
 Chelsea, on the 31st of March, and 1st of April, 1803, for 
 the trial of the Honble. Captain M'Clellan, and Ensign 
 Lloyd, of the Coldstream Regiment of Foot Guards. 
 The Court Martial, having attentively weighed the evidence 
 and considered the whole matter, is of Opinion that the Hon. Cap- 
 tain Camden Gray M'Clellan,and Ensign Richard Lewes Lloyd, of 
 the Coldstream Regiment of Foot Guards, are both Guilty of the 
 whole of the Charge preferred against them, viz. ' Disorderly 
 and disgraceful behaviour while on duty with a detachment of 
 the Coldstream Regiment of Foot Guards at Woolwich, on Wed- 
 nesday, the l6th of March, 1803, by menacing each other iu a 
 manner very unbecoming the character of OflScers, and even 
 descending so far as to make use of blows, to the prejudice of 
 good Order and Military discipline,' and the Court doth ad- 
 judge that the said Captain M'Clellan be dismissed from His 
 Majesty's Service, but having regard to his services abroad, and 
 his standing in the regiment, begs leave humbly to recommend 
 him to His Majesty for such consideration as His Majesty may 
 be graciously pleased' to bestow. 
 
S. Goddard. 153 
 
 With respect to Ensign Lloyd, the Court taking into considera- 
 tion the very great provocation which he received, doth only 
 adjudge, that he be suspended from Rank and Pay, for the 
 
 term of six calendar months. 
 
 CM. 
 
 N. B. Ensign Lloyd was permitted to sell out of the army in 1818^ 
 as Captain in the 18th Dragoons. — Editor. 
 
 QUARTER MASTER S. GODDARD.— 1803. 
 
 CHARGES 
 
 Preferred against Quarter Master Samuel Goddard, of the First 
 (or Royal) Regiment of Dragoons, before a Detachment 
 Court Martial, held at Exeter Barracks, on Wednesday the 
 4th of May, 1803, by order of Major General England, 
 commanding the Forces in the Western District, and conti- 
 nued by adjournments to the 7th day of the same month. 
 1st. For Disobedience of Orders, in not permitting the orderly non- 
 commissioned Officer of the troop to which he belonged to measure out 
 the daily ration of oats for the use of the horses of the said troop in his 
 presence, (agreeable to the Standing Orders and the practice of the 
 regiment) from about the 21st day of March, 1803, (a fe\v days ex- 
 cepted) till the 14th of April following. 
 
 2d. For having withheld part of the daily rations of oats issued for the 
 use of several of the horses of the said troop, amoim ting upon an average to 
 about 21b. per diem, from each of the said horses, on or about the fol- 
 lowing days, viz. 23d and 25th days of March last, and also on or about 
 the 2d, or 3d, and 8th, 9th, and 10th of April following, as likewise 
 part of the daily rations of oats issued 'for the horses of the said troop on 
 the 14th day of April following, the quantity withheld from forty-sLx 
 horses of the said troop, being about lOUbs., and for embezzling or mis- 
 applying tlie said oats so withheld. 
 
 3d. For having embezzled or misapplied a part of the oats which he 
 received from the army Purveyor at Exeter, between the 21st of March, 
 1803, and the 14th of April following, for the use of the horses of the 
 said troop; the quantity of oats so embezzled or misapplied being 10 
 bushels or thereabouts. 
 
 4th. For embezzling or misapplying certain monies which he had' 
 received from the Reginvental Paymaster, as subsistence for the men and 
 horses of the troop to which he belongs, and acted as clerk ; the sum. 
 so embezzled or misapplied being one hundred Ind ninety seven pounds» 
 fifteen shillings and two pence, or thereabeuts. 
 
'34 j1. G. Carmkhael. 
 
 OPINION AND SENTENCE. 
 
 The Court, having maturely weighed and considered the 
 evidence m part of thfe prosecution, as well as what the pri- 
 soner has urged in his defence, is of Opinion that the prisoner is 
 Guiky of the whole of the Charges exhibited against him, and 
 do therefore adjudge him to he dismissed His Majesty's Ser- 
 vice, and forfeit the arrears due to him on account of his pay, or 
 so much thereof, as shall be sufficient to msdte good the defi- 
 ciency occasioned by the embezzlement or misapplication of one 
 hundred and ninety seven pounds, fifteen shillings and two pence, 
 or thereabouts, as specified in the Fourth article of Charge. 
 (Signed; GEORGE De GREY, 
 
 Lieut. Col. and President. 
 W. H. SHORT, 
 
 Acting Judge Advoeate. 
 
 GENERAL ORDERS. 
 The above copy of the Chm-ges exhibited against Quarter 
 Master Goddard, with the Opinion and Sentence of the Court 
 thereupon, is to be read at the head of every regiment, and 
 entered in the Regimental Orderly Books. 
 
 By order of H. Hi R. the Commander in Chief. 
 HARRY CALVERT, Adj. General. 
 
 LIEUT. & ADJ. A. G. CARMICHAEL.— 1803. 
 
 CHARGE 
 Preferred against Lieutenant & Adjutant Alexander Grant Cai'- 
 michael of the 25th Regiment of Foot, at a General Court 
 Martial held at Gibraltar, on the 20th of April 1803, to- 
 gether with the Opinion and Sentence of the said Court 
 MartiaL 
 Behaving in a scandalous, infamous manner, ubbecottiAg the 
 character of an Officer and a Gentleman, on the night of the 
 15th day of April, in the year 1803, in the Garrison of Gibral- 
 tar, by outrageously disturbing a private company, where he was 
 present as a gnest, by using abusive langi(age to Quarter Mas- 
 
A. G. Carmichael. 135 
 
 ter Charles West, of the same regiment, and striking him in the 
 face as he sat at supper, and by afterwards way-laying and 
 attacking the said Quarter Master Charles West, as he was 
 returning home about the hour of eleven o'clock at night 
 unarmed, and with his wife leaning on his arm, and his two 
 daughters walking by his side, and beating him violently with a 
 stick, in the presence, and to the great terror and alarm, of his wife 
 and daughters. 
 
 SENTENCE. 
 The Court having weighed the evidence given in support of 
 the Charge against the prisoner, together with that produced in 
 his defence, is of Opinion, that although the fact of way-laying 
 the prosecutor is not proved, neither that the prosecutor was 
 unarmed (as he appears to have had his sword on), yet that the 
 remaining facts specified in the Charge are proved, and are suffi- 
 cient to support the same. The Court does therefore find the 
 prisoner Guilty of the Charge against him, in breach of the 
 Articles of War, and does therefore sentence him, Alexander 
 Grant Carmichael, Lieutenant and Adjutant of the 25th Regi- 
 ment of Foot, to be dismissed His Majesty's Service. 
 
 (Signed) C. M. 
 
 GENERAL ORDERS. 
 
 The following copy of a Letter from the Judge Advocate 
 General, with the Opinion and Sentence of the General Court 
 Martial to which it refers, is to be read at the head of every 
 Regiment, and entered in the Regimental Orderly Books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRV CALVERT, Adj. Gen. 
 
 Juds;e Advocate General's Office, 24 June, 180^. 
 SIR, 
 
 I have had the honour of laying before the King the pro- 
 ceedings of a General Court Martial, held at Gibraltar, on the 
 20th day of April last, for the trial of Lieutenant and Adjutant 
 Alexander Grant Carmichael, of the 25th Regiment of Foot, 
 the Charge against whom, together with the Opinion and adjudi- 
 cation of th6 Court is herettnto subjoined, and I am com- 
 
136 F. W. Barlow.. 
 
 manded to acquaint you, that His Majesty has thought fit to 
 confirm the Sentence of the Court Martial, whfereby the said 
 Lieutenant and Adjutant Alexander Grant Carmichael is ad- 
 judged to be dismissed from His Majesty's Service. 
 
 I have to request that you will be pleased to favour me with 
 a communication of the day on which His Majesty's pleasure 
 shall have been notified to Lieutenant and Adjutant Carmi- 
 chael, that I may acquaint the Secretary at War therewith, as 
 from that day his Pay will cease. 
 
 I have, &c. &c. 
 
 C. M. 
 
 Lteut. Gen. Sir T. Trigge, K. B. Spc. ^c. 3fC. Gibraltar. 
 
 CAPTAIN FRAN. Wm. BARLOW.— 1803. 
 
 GENERAL ORDERS. 
 The following copy of a Letter from the Judge Advocate Ge- 
 neral, with the Sentence of the General Court Martial to which 
 It refers, is to be read at the head of every regiment, and en- 
 tered in the Orderly Books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 H. CALVERT, Adj. Gen. 
 
 , Judge Advocate General's Office, 29 August, 1S03, 
 
 SIR, 
 
 I have had the honour of laying before the King the 
 proceedings of a General Court Martial held at Plymouth, on 
 the 6th day of this instant August, and on several subsequent 
 days, for the trial of Captain Francis William Barlow, of the 
 1st (or the King's) Regiment of Dragoon Guards, upon a 
 Charge of 
 
 ' Having to the prejudice of military discipline, and in a scandalous 
 infamous manner, unbecoming the chai'acter of an Officer and a Gen- 
 tleiiian, obtained, and for a considerable period, between the months 
 of July, 1802, and June 1803, availed himself of a leave of absence 
 from the regiment, obtained by an untrue representation, namely, un- 
 der the pretence that such absence was for the purpose of enabling him 
 to raise money to discharge a certain debt or claim, which debt or claim 
 he has since declared it never was his intention to pay. or satisfy;' 
 
 His Majesty, adverting to the voluminous minutes, noticed that 
 
F. W. Barlow. 137 
 
 the proceeding appears to have been drawn into that length by 
 the Court Martial having, contrary to their own declared opinion, 
 allowed matter to be brought before them, which did not form a 
 part of the Charge in question, and by their having in some 
 instances received evidence which was not properly admissible : — 
 His Majesty also remarked, that Captain Barlow appears unne- 
 cessarily as well as injudiciously in the rejoinder, which was by 
 special indulgence conceded to him, to have commented with 
 asperity on the manner in which his Lieutenant Colonel has 
 conducted the prosecution ; but upon the whole His Majesty was 
 pleased to express an approval of the decision of the Court 
 Martial, whereby Captain Barlow has been acquitted of the 
 Charge preferred against him, which decision is conceived in 
 the following terms, viz. 'The Court, having maturely and de- 
 liberately weighed the evidence for and against the prisoner. Cap- 
 tain Barlow, of the 1st (or the King's) Regiment of Dragoon 
 Guards, and having heard what he had to say in his defence, are 
 of opinion that he is Not Guilty of any part of the Charge pre- 
 ferred against him, by his prosecutor. Colonel Elliott, of the said 
 regiment: Captain Barlow's, conduct appearing to them to have 
 been neither scandalous nor infamous, nor that he has acted in 
 any manner unbecoming the character of an Officer or a Gentle- 
 man ; it appearing by evidence that every exertion was made by 
 the prisoner, during the period he had leave of absence, that 
 could possibly be suggested, to raise the sum of money in ques- 
 tion; and in no one instance whatever since July, 1802, has it ap- 
 peared that he ever declared it was not his intention to pay the 
 said debt or claim. 
 
 ' The Court therefore consider it a duty they owe the Service, 
 and justice to the prisoner, most humbly to submit to His Ma- 
 jesty, that it appears to them that Captain Barlow's conduct, on 
 the clearest investigation, has been stamped with evident marks 
 of the strictest integrity, and that the Charge preferred against 
 him is groundless. 
 
 ' They do therefore most honourably acquit the said Captain 
 Barlow, of the J st (or the King's) Regiment of Dragoon Guards, 
 of all and every part thereof.' 
 
 I shall by this night's post, signify His Majesty's pleasure 
 
138 J. P Lawson. 
 
 to Lieutenant General Simcoe, who commands the Western dis- 
 trict. 
 
 I have, 8cc. 
 
 CM. 
 
 h. R. H. the Duke ofTofk, S^c. SrC. S^c. 
 
 N. B. Captain Barlow shortly afterwards disposed of his com- 
 mission.' — Editor. 
 
 ENSIGN JOHN PATTISON LAWSON.— 1803. 
 
 G. O. Horse Guards, 4 Jan. 1804. 
 
 The following copy of a Letter from the Judge Advocate Ge- 
 neral, with the Opinion and Sentence of the General Court 
 Martial to which it refers, is to be read at the head of every 
 regiment, and entered in the Regimental Orderly Books. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 Ju^e Advocate GeiteraVi Office, 23 Bee. 1803. 
 SIR, 
 
 I have had the honour of laying before the King the 
 proceedings of a General Court Martial held at Hull, upon the 
 26th of November last, when Ensign John Pattison Lawson, of 
 the Cumberland Regiment of Militia, was tried upon a Charge 
 of behaving in a disorderiy manner unbecoming the character 
 of an OflScer, to the prejudice of good order and military disci- 
 pline, by having at the mess of the regiment, on Friday the 4th 
 day of November last, thrown a glass of wine in the face of Mr. 
 Titus Berry, the Surgeon of the regiment, of which offence- he 
 was found Guilty, and was adjudged to be dismissed His Majes- 
 ty's Service ; the' Court expressing their Sentence to be founded 
 on the 26th article of the l6th section of the Articles of War; at 
 the same time humbly recommending him, on account of fais 
 apparent inexperience, to His Majesty's clemency ; and am to 
 acquaint Your Royal Highness diat it does not appear to His 
 Majesty that the defendant's misbehaviour, though extremely 
 disorderly, was of a scandalous, infamous nature, or such as 
 came within the purview of that Article of War, and fte- this 
 
N. C. Burton. 139 
 
 reason His Majesty has not thought fit to ponfirm the caid Sen- 
 tence, which might possibly expose Ensign Lawson, indepen- 
 dent of his quitting the Service, to a reproach which his ron- 
 dutt had not merited. But His Majesty, though graciously 
 minded to preclude an unmerited-imputation npon the general 
 character of a young Officer, considered his conduct in this 
 instance to have been so extremely disorderly, as to render it 
 altogether inexpedient that he should continue in the regiment, 
 and was therefore pleased to express His intention Aat His 
 Royal pleasure should be signified to the Lord Lieutenant of 
 the county of Cumberland, to displace him, the said John Pat- 
 tison Lawson, which I have notified to His Majesty's Secre- 
 tary of State, in order to his receiving the King's commands on 
 that head. 
 
 1 have, 8tc. 
 
 C M. 
 H. R. U. the Duke of York, ^-c. i^c. ^c. 
 
 MAJOR GENERAL N. C. BURTON.— 1804, 
 
 G. O. Horse Guards, 19 Jan. 1804, 
 
 The following copy of a Letter from the Judge Advocate 
 General, with the Opinion and Sentence of the General Court 
 Martial to which it refers, is to be read at the head of every 
 regiment, and entered in the Regimental Orderly Books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Ofke, l6 Jm> 1804, 
 
 SIR, 
 
 Having had the honour to lay before the King the 
 proceedings of a General Court Martial, holden at the Royal 
 Hospital, at Chelsea, ou the 6th, and continued by adjournments 
 until the Qth day of this instant January, when Mjyor General 
 Napier Christie Burton, Lieutenant Colonel of the 3d Regiment 
 of Foot Guards, was tried upon the following Charge, viz. 
 
 ' That he did, on or about the 27th of November kst, then MTving 
 as a MaJOT General within the North West distaict, send a ohaDeBge to 
 the Hon, Richard King, a Captain in the 6th Regiment of Dr^ooti 
 
140 Af. C. Burton. 
 
 Guards, at that time under his command, and did, on the 28th day of 
 the same month, fight a duel with the said Captain Kingj" — 
 And being found Guilty was adjudged to be cashiered, but was 
 by the Court humbly and earnestly recommended to His Majes- 
 ty's mercy (a transcript of which Sentence, together with the 
 said recommendation, is hereunto annexed), I am to acqumnt 
 Your Royal Highness that His Majesty has approved the Opi- 
 nion and Sentence of the Court Martial, which His Majesty has 
 commanded me to say so great a breach of discipline imperiously 
 demanded ; and His Majesty has directed that, for the sake of 
 example, the said Sentence, together with His Majesty's appro- 
 val, be notified in General Orders ; but in consideration of a 
 faithful service during a period of twenty-nine years, and of an 
 excellent character uniformly maintained by Major General Bur- 
 ton, both as an Officer and a Gentleman, as testified by very 
 many witnesses of high respectability, and in gracious compli- 
 ance with the earnest supplication of the Court Martial, His 
 Majesty has been pleased to extend to the said Major General 
 Burton His Royal Pardon, and to direct that he be restored 
 to his command as a Major General within the North West dis- 
 trict, as also to the functions of his commission of Lieutenant 
 Colonel of the 3d Regiment of Foot Guards. 
 
 I have, &c, 
 
 C. M. 
 H. R. H. the Duke of York, Src. 4-c Spc. 
 
 COPY of the OPINION and SENTENCE 
 Of a General Court Martial, held at the Royal Hospital, at Chel- 
 sea, on the 6th, and continued by adjournments until the 
 9th day of January, 1804, for the trial of Major General 
 Napier Christie Burton, Lieutenant Colonel of the Sd 
 Regiment of Foot Guards. 
 The Court Martial, upon mature consideration of the whole 
 matter before them, are of opinion that the defendant. Major 
 General Napier Christie Burton, is Guilty of the Charge pre- 
 ferred against him, viz. 
 
 ' That he did, on or about the 27th of November last, then serving 
 as a Major General within the North West district, send a challenge to 
 the Hon. Richard King, a Captain in the 6th Regiment of Dragoon 
 Guards, at that time under his command, and did, on the 28th day of 
 
R. King. 141 
 
 tbe same month, fight a duel with the said Captain King;' — and do 
 adjudge that he be cashiered. 
 
 Having discharged this painful duty to their King and Coun- 
 try, they with dutiful submission earnestly recommend him, the 
 said Major General Burton, to the King's most gracious mercy 
 for pardon, most humbly assuring His Majesty, by the oath 
 which binds them to do justice, that had they individually been 
 called upon by Major General Burton for his character, they 
 should from their personal knowledge of him, as an Officer and 
 a Gentleman, have given him most conscientiously the same cha- 
 racter as given by the many highly respectable witnesses who 
 have appeared in his favour. 
 
 C. M. 
 
 N. B. Major General Burton is now Colonel Commandant of 
 
 a battalion of the 60th Regiment. — Editor. 
 
 CAPTAIN Hon. RICHARD KING. ^1804. 
 
 G. O. Horse Guards, 4 Feb. 1804. 
 
 The following copy of a Letter from the Judge Advocate 
 General, with the Opinion and Sentence of the General Court 
 Martial to which it refers, are to be read at the head of every 
 regiment, and entered in the Regimental Orderly Books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 2 Feb, 1804. 
 SIR, 
 
 Having had the honour of laying before the King the 
 proceedings of a General Court Martial, held at the Royal Hos- 
 pital, at Chelsea, on the 23d of last month, when the Honour- 
 able Richard King, a Captain of the 6th Regiment of Dragoon 
 Guards, was tried upon a Charge of having addressed a Letter 
 bearing date, Chester, November the 22d, 1803, to Captain 
 John Clitherow, a Lieutenant in the Sd Regiment of Foot 
 Guards, and Aid-de-camp to Major General Napier Christie 
 Burton, under whose command he, the said Captain Richard 
 King, was then serving, conceived in terms highly disrespectfiil 
 towards the said Major General, and to the prejudice of good 
 order and military discipline ; which Letter was written in reply 
 
142 R. King. 
 
 to an order notified by bin*, Captain Clitherow, as AiMe-eamj^ 
 in the name of Major General Burton ; I take leave to recite 
 for Your Royal Highness*s information, the Opinion and Sen- 
 tence of the Court Martial, as follows : 
 
 'The Court Martial, is of Opinion, that the Letter written by 
 Captain King, bearing date, Chester, November 22d, 1803, to 
 Captain Clitherow, Aid-de-camp to Major General Burton, was 
 conceived in terms disrespectful towards Major General Bur- 
 ton, but is induced to believ« that the disrespect contained in 
 the Letter proceeded from Captain King's writing it too hastily, 
 from his feeling himself Commanding Officer and responsible in 
 the garrison of Chester, at the time, and hurt at not appearing 
 to be so considered by Captain Clitherow, Captain King being 
 Senioi' Officer, whea Major General Burton was aibseuit in Lob' 
 don with leave. Captain King, has esipressed his qoatrition to 
 the Court in strong terms,^ and has assured it, that he has, and 
 always had an high respect for Major General Burton, which 
 declaration the Court is inclined to believe ; with this impression 
 the Coust doith adjudgei, that Captain King be reprimanded in 
 such, manner »s His Majesty may be pleased to direct,' And I am 
 ta ^quaint Yaur Koyal Highness, $hat as Ca{).t9iiu Kiiag appears 
 tot have conducted himself i» » very becoming manner at the 
 trial, ing;eiiuoi»slj adoiitting that the Letter in question bad been 
 writtcsn b^ hiint at ^ same time diselajiming aay deliberate in- 
 tentJQU of offering an offence to Major General Burton, and in 
 consideration of the other ciFeumstaBces noticed by the Court 
 Martial in theii said Sentence, His Majesty has been graciously 
 pleased to extend to the said Captain King His Koyal par- 
 don, and to direct that he be restored to the eserojse of his duty 
 as a Captain in the 6th Re^ment of Dragoon Guards. I have 
 the honour further to notify to Your Roy«l Highness the King's 
 pleasure, that the Sentence of the Court Martial be announced 
 in General Orders, together with His Majesty's pardon. 
 
 I have, &c. 
 
 CM. 
 
 H. R. H. the Duke ofTork, SfC. S(C. 4-c. 
 
 N. B. Captain the Hon. Richard King reisigned Ws Com- 
 mission in 1814, as a Captain m the lath. Foot. — Editor. 
 
( 134 ) 
 
 LIEUT. COLONEL JAMES BOYS.— 1004. 
 
 G. O. Horse Guards, 4 Feb, 1S04. 
 
 The following copy of a Letter from the Judge Advocate 
 General, with the Opinion and Sentence of the General Court 
 Martial to which it refers, are to he read at the head of every 
 regiment, and entered in the Regimental Orderly Books. 
 
 By order of H. R. II. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Cjfkce, 2 Feb. 1804. 
 SIR, 
 
 I have had the honour to lay before the King the pro- 
 ceedings of a General Court Martial, held at the Royal Hospi- 
 tal, at Chelsea, upon the 13th day of last month, and upon. 
 several subsequent days, for the trial of Lieutenant ColonelJames 
 Boys, Inspectiug Field Officer of the Marlborough Recruitiag 
 District, the Charges against whom, together with the Opijuon 
 of the General Court Martial, and their Adjudication upon the 
 whole, are expressed in the schedule hereunto annexed, and am 
 to acquaint Your Royal Highness, that His Majesty has been 
 pleased entirely to approve the Opinion of the Court, and to 
 confirin their Sentence, whereby he, the said Lieutenant Colo- 
 uel Boys, is adjudged to be iepiim£uaded in Public Orders. 
 
 I have, &c. 
 
 CM. 
 H. R. H. the Duke of York, Sf^. SfC. S^c. 
 
 CHARGES 
 Exhibited by Adjutant Hugh Roy, of the Marlborough Recruit- 
 ing District, against Lieutenant Colonel James Boys, In- 
 specting Field Officer of the said recruiting district. 
 1st. That Lieutenant Colonel James Boys did, within the period 
 comwendng on or about the 2d day of January, 1803, and ending on 
 or about the 30th day of August foBowing, coatrary to his duty as an 
 (Miteev, aad to the neglect and iiajury of the Public sei-vice, employ 
 several non-commissioned.officers, private soldiers, and recruits, in his 
 own domestic concerns, who ought to have been employed for public 
 
144 J. Boys. 
 
 purposes, and depriving the Adjutant of the assistance of the Seijeant 
 Major and Serjeant Clerk of the district, to perform the duty in the 
 office, and preventing them and other non-commissioned officers and pri- 
 vates from performing their duty on the recruiting service, and the 
 recruits from being drilled to fit them for actual service, and particularly 
 in the following instances, viz. 
 
 Serjeant Major James Hull, of the Marlborough district, between the 
 2d da"yof Januaiy, 1803, and the 6th Julyjfollowing ; 
 
 Seijeant Thomas Gooding, clerk of the Marlborough district, between 
 the 2d of March, 1803, and the 6th July following ; 
 
 Serjeant WilUam Ingham, of the 34th Regiment of Foot, between 
 the 2d day of January, 1803, and the 19th March following, and also 
 between the 25 th day of May, 1803, and the 30th August folloviring; 
 
 Corporal William Palmer, of the 28th Regiment of Foot, between 
 the 23d day of March, 1803, and the 4th of April following ; 
 
 Corporal Bucker, of the 7th Regiment of Foot j 
 
 Serjeant John Grant, and Corporal John Scarlet, both of the 41st 
 Regiment of Foot, and Serjeant John Larkin, of the 19th Regiment of 
 Light Dragoons, all between the 27th day of June, 1803, and the 8th 
 July following ; > 
 
 John Rick, a private soldier, in the 51st Regiment of Foot, hetween 
 the 28th day of Februaiy, 1803, and the 1 1th of Julyfollowing ; 
 
 John Taylor, a recruit of the 11th Regiment of Light Dragoons, on 
 the 1st day of Apiil, 1803 ; 
 
 John Aymes, a recruit of the 19th Regiment of Light Dragoons, be- 
 tween the 17th and 22d days of March, 1803 ; 
 
 James Plumber, William Harris, John Slade, John Walters, and 
 James Kibby, all recruits of the 9th Regiment of Foot, between the 
 19th day of Februaiy, 1803, and the 22d of March following; 
 
 William Griffith, a recruit of the 13th Regiment of Foot, between 
 the 31st day of March, 1803, and the 6th of April following ; 
 
 Samuel Cake, a recruit of the 24th Regiment of Foot, between the 
 14th day of April, 1803, and the 1 6th day of May following ; 
 
 James Bird, a recruit for general service, between the 28th day of' 
 February, 1803, and the 11th of March following; 
 
 Thomas Kennedy and George Gomming, two recruits for general ser- 
 vice, both on the 22d day of March, 1803 ; 
 
 John Lane, a recruit for general service, between the 26th day of 
 March, 1803, and the 5th of April following ; 
 
 James or John Bancroft, a recruit for general service, between the 
 20th day of March, 1803, and the 5th of April following ; 
 
 William Fielder, a recruit for general service, between the 28th day 
 of April, 1803, and the 21st of June following ; 
 
 William Thomas, a recruit for general service, between the 15th day 
 of April, 1803, and the 21st of June follovidng ; 
 
 James Smart, a recruit for general service, between the 9th of May, ' 
 1803, and the 21st of June following; 
 
 Thomas Harmond, a recruit for general service, between the 23d day 
 of May, 1803, and the 21st of June following; 
 
J. Boysi HS 
 
 Samuel Willis, a recruit for general service, between the 28th day of 
 April, 1803, and the 21st of June following ; 
 
 Napthale Halliday, a recruit for general service, between the 28th 
 day of April, 1803, and the 21st of June following ; 
 
 John Wright, a recruit for general service, between the 25th day of 
 June, 1803, and the 12th of July following; 
 
 2dly. That Lieutenant Colonel James Boys did, for the purpose of 
 covering such improper practice, in the instance of the said John Rick, 
 make several false Weekly Returns to the Inspector General, stating him 
 to have been employed in the Recruiting Sei-vice, during the period he 
 was actually employed by the said Lieutenant Colonel James Boys in 
 his domestic service, whereby the said John Rick was stated in such 
 returns, between or about the 7th of March, and the 3d of April 1803, 
 to be employed in the Recmiting Service, at Warnborough, in the coun- 
 ty of Wilts ; and again between the 1st of May and the 10th of July, 
 1803, to be employed in the Recruiting Service at Bath, in the county 
 of Somerset, with a party of the 51st Regiment of Foot, whereas in 
 truth, the said John Rick was^ during such times, respectively, employed 
 in the domestic and private service of the said Lieutenant Colonel James 
 Boys. 
 
 OPINION and SENTENCE. 
 The Court Martial, having duly weighed and maturely consi- 
 dered the evidence and the whole matter, is of opinion with 
 respect to the First article of Charge, viz. 
 
 ' That Lieutenant Colonel James Boys did, within the period commenc- 
 ing on or about the 2d day of January, 1 803, and ending on or about the 
 30th of August following, contrary to his duty as an Officer, and to the 
 neglect and injury of the public sei-vice, employ several non-commissioned 
 officers, private soldiers, and recruits, in his own domestic concerns, who 
 ought to have been employed for .public purooses, and depriving the Adju- 
 tant of the assistance of the Seijeant Major and Serjeant Clerk of the 
 district, to perform the duty in the office, and preventing them and 
 other non-commissioned officers and privates from performing their duty 
 on the Recruiting Sei-vices, and the recruits from being drilled to fit 
 them for actual service, and particularly in the several instances stated ;' — 
 
 That Lieutenant Colonel James Boys is Guilty of having within 
 the period stated in the Charge, contrary to his duty as an 
 Officer, and to the neglect and injury of the public service, em- 
 ployed non-commissioned officers, private soldiers and recruits, 
 in his own domestic concerns, who ought to have, been employed 
 for public purposes, — and also of having prevented several non- 
 commissioned officers and privates from performing their duty 
 on the Recruiting Service, though not to the extent expressed 
 in the Charge ; but of the other parts of the said Charge, the 
 Court doth acquit Lieutenant Colonel Boys. 
 
146 J. Russell 
 
 Of Ae Second article of Charge the Court doth acquit lieu- 
 tenant Colonel Boys. 
 
 With respect to the offence of which Lieutenant Colonel Boys 
 has been found Guilty, the Court doth adjudge that he be repri- 
 manded in Public Orders. 
 
 CHARLES MORGAN. 
 
 N. B. Lieutenant Colonel Boys continued in the army until 
 1808, when he died. — Editor. 
 
 QUA. MASTER JAMES RUSSELL.— 1804. 
 
 G. O. Horse Guards, 6 June, 1804. 
 
 His Majesty having been pleased to approve of the following 
 Sentence of a Detachment Court Martial, held at Arundel Bar- 
 racks, on the 4th of May, 1804, by order of Lieutenant General 
 Sir James Pulteney, for the trial of Quarter Master James Rus- 
 sell, of Captain Jones's Troop of the 1st (or King's) Regiment 
 of Dragoon Guards, it is the Commander in Chiefs pleasure, 
 that the sanie, together with the Charge upon which the Quarter 
 Master has been tried, shall be read at the head of every regi- 
 ment, and entered in the regimental orderly books. 
 
 By H. R. H's Command. 
 HARRY CALVERT, Adj. Gen. 
 
 CHARGE. ; 
 
 For unsoldierlike conduct in having left one of the quarters of the said 
 troop unsettled, when the regiment marched from Honiton, 12th March, 
 1804, to the amount of ^100, and upwards. 
 
 SENTENCE. 
 The Court are of opinion, that the prisoner. Quarter Master 
 James Russell, is Guilty of the Charge alleged against him, 
 namely, of having left one of the quarters of his troop unsettled^ 
 when theregiment marched from Honiton, onthei 12th of March^ 
 1804, to the amount of .£100 and upwards; which being a 
 breaph of. the 4th article of the 1 Sth section of the Articles of 
 War, they do sentence him to be dismissed His Majesty's Service^ 
 
i 147 ) 
 
 LIEUT. COL. WILLIAM JEPHSON.— 1804. 
 
 G. O. Horse Guards, 8 Feb. 1804. 
 
 The following copy of a Letter from the Judge Advocate 
 General is^to be read at the head of every regiment, and entered 
 in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 3 Feb. 1804. 
 SIR, , 
 
 Having had the honour to lay before the King the pro- 
 ceedings of a General Court Martial, held at Athlone, in Ireland, 
 on the 28th day of December last, and on subsequent days, when 
 Lieutenant Colonel William Jephson, Major of the 17th Regi- 
 ment of Light Dragoons, was tried and found Guilty of having 
 acted in an unwarrantable manner, highly unbecoming an Offi- 
 cer, by abusing and ill-treating Assistant Surgeon Samuel Tilt, 
 of the said regiment, on the morning of the 30th of October last, 
 and was adjudged to be suspended froin rank and pay for the 
 space of six calendar months ; 
 
 I am commanded to acquaint your Royal Highness, that His 
 Majesty, adverting to the detriment which a regiment, as well as 
 the service, must at any time, and more especially in the present 
 juncture, sustain from the circumstance of a Field Officer being 
 suspended by the sentence of a Court Martial, during so long a 
 period, deems it indispensable that Lieutenant Colonel Jephson 
 should retire ; but in consideration of Lieutenant Colonel Jephson 
 having served upwards of twenty three years. His Majesty is gra- 
 ciously pleased to permit that he receive the regulated price for 
 his regimental commission from the Officer who shall be ap- 
 pointed to succeed him.* I shall make communicatiqn to Lieu- 
 tenant General Lord Cathcart, Commander of the Forces in Ire- 
 land, of the Sentence and of His Majesty's pleasure, in order that 
 the same may be made known to the Court Martial by which 
 
 * This was shortly afterwards carried into effect. 
 
14S J, Gordon. 
 
 Lieutenant Colonel Jephson was tried, and that the Court bE 
 dissolved. 
 
 I have, &c. 
 H.R.H. the Duke of York, 4fc. Sfc. &;c. C. M. 
 
 MAJOR JOHN GORDON.— 1804. 
 
 G. O. Horse Guards, 2 July^ 1804. 
 
 ■ The following copy of a Letter from the Judge Advocate 
 General is to be read at the head of every regiment, and entered 
 in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 29 June, 1 804. 
 
 SIR, 
 
 I have had the honour of laying before the King the 
 proceedings of a General Court Martial, held at thq Royal Hos- 
 pital, at Chelsea, on the 30th day of January last, and continued 
 by adjournments until the 14th day of February, for the trial of 
 Major John Gordon, of the late 8th West India Regiment, upon 
 the four following Charges preferred against him by the Honor- 
 able Andrew Cochrane Johnstone, late Colonel of the said regi- 
 ment, viz. 
 
 1st. 'Having entered into a copartnership with the late Lieutenant 
 Mackay, the acting Quarter Master, relating to the baking for or fur- 
 nishing bread to the 8'th West India Regiment, and taking and receiv- 
 ing from him diflerent sums of money, as the profit and emolument 
 arising therefrom, contrary to his duty, and in derogation of the cha- 
 racter of a Commanding Officer, and to the prejudice of the service, 
 betwixt the month of July, 1801, and the end of the month of April, 
 1802.' 
 
 2d. ' Having unwarrantably received from Messrs. James and Addi- 
 son, auctioneers at Dominica, on or about the month of April, 1802, the 
 profits arising from the sale of flour and rice, issued from the King's 
 stores, and stated by him. Major Gordon, to be the joint property of 
 ■ the late Lieutenant Mackay and himself.' 
 
 3d. ' Having in the pay-lists of the 8th West India Regiment, cer- 
 tified hy him as Commanding Officer, signified that the accounts of the 
 men had been settled, and paid to the 24th December, ] 801, which 
 accounts were transmitted to the M'^ar Office, as just and tnie accounts, 
 whereas two of the companies had been paid only to the 24th October, 
 and two to the 24th November, 1801.' 
 
J. Gordon. 149 
 
 4th, 'Having received from the Paymastei- of the regiment, at Bar- 
 badoes, and injmiously and contrary to his duty withheld, different sums 
 of money, issued by the warrant of the Commander of the forces in the 
 West Indies, as a compensation to the representatives of the deceased 
 Officers for their losses, namely the sum of One hundi^ed and twenty- 
 two pounds, ten shillings, for the deceased Captain Cameron, One hun- 
 di'ed and thirty-nine pounds, ten shillings, for the deceased Lieutenant 
 Mackay, and Sixty pounds, for the deceased Lieutenant Wastneys, and 
 having quitted the West Indies without accounting to the widow of the 
 late Lieutenant Mackay, as was his duty to have done, for the above 
 sum of One hundred and thirty-nine pounds, ten shilUngs, allowed for 
 her husband's losses, and not having accounted for the above sums of 
 money, to the Officers of the regiment, the War Office, the agent of the 
 regiment, or to the representatives of the deceased officers.' 
 
 Upon the investigation of which said Articles of Charge, the 
 
 Court Martial has decided as follows. 
 
 * The Court Martial having most attentively and deliberately 
 weighed the whole of the evidence adduced by the prosecutor 
 the Honorable Colonel Johnstone, and that brought forward 
 by Major Gordon in his defence, is of opinion that Major Gor- 
 don is Not Guilty, and doth therefore acquit him with respect to 
 the first and second Articles of Charge : it having been estaT 
 Wished to the satisfaction of the Court, that regiments in the 
 West Indies have usually been allowed to bake for themselves, 
 and that in such case a certain saving was known to accrue 
 therefrom, without diminishing the regulated allowance to the 
 soldier, and that such saving was not clandestinely, but according 
 to known usage, divided between the Quartt-.- Master, who super- 
 intended the baking, and the Commanding Officer, the one moiety 
 as a remuneration to the Quarter Master for his trouble, aud the 
 other moiety as a fund in the hands of the Commanding Officer 
 for the benefit of the regiment. 
 
 ' The Court, however, think that Major Gordou has been very 
 irregular in not keeping an account of the monies which he 
 received on that account, as well as of the expenditure, which 
 might have enabled him to have stated the same correctly, instead 
 of the vague distribution thereof given to the Court. 
 
 ♦ The Court is of opinion that Major Gordon is Not Guilty 
 witli respect to the Third Charge, and doth therefore acquit him j 
 but the Court cfinnot forbear observing, that there appears to have 
 been culpable neglect in having suffered the certifying of the. 
 
1 50 J. Gordoii. 
 
 pay-lists for the mbiiths of October, November, and December, 
 1801, to be procrastinated until the 6th of April, 1802, which 
 circumstances Major Gordon admits, and on that ground rests 
 the truth of the certificates, which would not have been true 
 in fact, had the certificates been signed by him at the end of 
 those respective periods. 
 
 ' With regard to the Fourth Charge, the Court does also acquit 
 Major Gordon, the same not having been established by evidence 
 to the satisfaction of the Court. It has, however, appeared to 
 the Court, that Major Gordon did receive the sums of money 
 stated in the Charge, on account of the deceased officers therein 
 named, but he has shewn that the monies so received Were ap|)li- 
 cable towards the payment of the debts of those respective officers, 
 and that he has accounted to the relatives of Captam Cameron 
 for the money received on his account, and has paid several sums 
 of money on account of the two other Officers named in the 
 charge, viz. Lieutenant Mackay, and Lieutenant Wastneys ; but 
 although the Court does not consider the monies in question as 
 coming under the description of the 1st Article of the 19th sec- 
 tion of the Articles of War, Majofr Gordon appears to have been 
 negligent, and to have subjected himself to censure, in not hav- 
 ing taken further measures in order to have accounted for the 
 whole of the monies which he had received on account of those 
 J;wo Officers ; and the Court is of opinion that he should be called 
 upon to render a satisfactory account to His Majesty's Sefcretary 
 at War, of the expenditure, as well as of the balances now re- 
 maining in his hands.' 
 
 I am commanded to acquaint your Royal Highness, that His 
 Majesty has ratified the Opinion of the Court Martial, upon the 
 several Articles of Charge, and has been pleased to direct that 
 Major Gordon do, according to the injunction of the Court ex- 
 pressed in their Sentence, deliver to the Secretary at War a 
 distinct statement of whatever monies he has received upon ac- 
 count of deceased Officers, as also of the manner in which the 
 same has been distributed, and of the balance (if any^ remaining 
 in his hands. 
 
 His Majesty has further directed me to notice, that neither the 
 progecutor hor the defendant has. acquired any credit by>the man- 
 
_R. StetmH. ^51 
 
 ner in which they have respectively conducted themselves during 
 the trial; each of them industriously pressing extraneous matter 
 upon the Court, to the extreme protraction of the proceedings, 
 and each of them, as if urged by a rooted aninjosity, endea- 
 vouring to depreciate the character, and to place every act of 
 the other in the most unfavourable point of view. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 H. R. H. the Duke of York, Sfc. ^c. S^c. 
 
 N- B. Colonel the Honorable Cochrane. Johnstone resigned 
 his commission in 1805. — Major Gordon is still borne upon 
 the half-pay list of the late 8th West India Regiment. 
 
 COLONEL RICHARD STEWART.— 1804. 
 
 G. O. Horse Guards, 7 July, 1804. 
 
 The following copy of a Letter from the Judge Advocate 
 General is to be read at the head of every regiment, and entered 
 in the regimental orderly books. 
 
 By Order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 7 July, 1 804. 
 SIR, 
 
 Having had the honor of laying before the King the 
 proceedings of a General Court Martial, held at Sandgafe in 
 Kent, on the 25th of June last, when Colonel Richard Stewart, 
 of the 43d Regiment of Foot, was tried upon the following 
 Charges, preferred against him by Captain Nathaniel Jekyll, 
 of the same regiment, viz. 
 
 1st. ' Scandalous and infamous conduct, unbecoming the character 
 of ail Officer and a Gentleman, in wittingly making a false report to 
 Jvieutenant General Sir Hew Dalrymple, on or about the 1st of March, 
 1 802, in the Island of Guernsey, purporting that he (Colonel Stewart) 
 had not granted Captain Jekyll any permission to be absent from the re- 
 cruiting party then stationed in the Island of Jersey, notwithstanding he had 
 given Captain Jekyll leave on the 22d of the antecedent month to solicit 
 leave of absence from his detachment, of Lieutenant General Gordon, 
 as soon as he had passed three or four days with it in Jersey, thereby 
 having caused Captain Jekyll to have, been put under an arrest, and to 
 
152 C. Hamilton. 
 
 have suffered undeservedly the most severe and painful reprimand and 
 very humiliating animadversions. 
 
 2d. 'Repeated most disrespectful and degrading treatment in the 
 presence of the' company, and unwarrantable excessive abuse, to Cap- 
 tain Jekyll in the month of September, 1802, in the Island of Guern- 
 sey, and not having afforded Captain Jekyll that support in his duty 
 which is absolutely necessary for the preservation of good order and 
 military discipline.' 
 
 I am commanded to acquaint your Royal Highness that His 
 Majesty has entirely approved the Opinion of the Court Martial, 
 which has most fiully and most honorably acquitted the said 
 Colonel Richard Stewart, on both Charges, and which has super- 
 added the following remark with regard to the prosecutor, viz. 
 ' The Court cannot pass without observation, the malicious and 
 groundless accusations that have been produced by Captain Jekyll 
 against an Officer whose character has, during a long period of 
 service, been so irreproachable as Colonel Stewart's, and the 
 Court do unanimously declare, that the conduct of Captain 
 Jekyll, in endeavouring to falsely calumniate the character of his 
 Commanding Officer, is most highly injurious to the good of the 
 service.' 
 
 And I am further to acquaint your Royal Highness that 
 His Majesty has thought fit to direct, that it be intimated to 
 the said Captain Jekyll that His Majesty has no further occasion 
 for his service as a Captain in the 43d Regiment. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 H. R. H. the'Buke of York, S^e. IfC. IfC. 
 
 N. B. Colonel Stewart remained in the army until 1810, when 
 he died. — Editor. 
 
 LIEUT. CHARLES HAMILTON.— 1804. 
 
 G. O. Horse Guards, 10 July, 1804. 
 
 The following copy of a Letter from the Judge Advocate 
 General is to be read at the head of every regiment, and entered 
 in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
E. Irwin, T. Casey, and H. Webb. 15S 
 
 Judge Advocate General's Office, 2 July, 1804-. 
 
 SIR, 
 
 Having had the honour of laying before the King the 
 proceedings of a General Court Martial, holden in the Island of 
 Barbadoes on the 30th of December, ISC'}, and on subsequent 
 days, when Lieutenant Charles Hamilton, of the 6th West India 
 Regiment, was tried, and found Guilty of scandalous and infamous 
 conduct, unbecoming the character of an Officer and a Gentle- 
 man, on the evening of the 19th of November last, by striking 
 Ensign Beaver; and also of ' having fired a loaded pistol between 
 decks in the Alexander transport on the same evening, to the 
 prejudice of good order and military discipline ; and was there- 
 fore adjudged to be Cashiered. 
 
 I esteem it my duty to acquaint your Royal Highness, that 
 His Majesty has thought fit to confirm the said Sentence of 
 the Court Martial, which I have notified to the Officer Com- 
 mandiug in Chief the forces in the Leeward Islands. 
 
 As soon as I shall have been informed of the day on which 
 His Majesty's pleasure shall have been made known to Lieutenant 
 Hamilton, 1 shall not fail to acquaint your Royal Highness 
 therewith. 
 
 I have, &c. 
 
 CHA. MORGAN. 
 H. R, H. the Duke of York, SfC. SfC. S^c. 
 
 CAPT. E. IRWIN, LIEUT. T. CASEY, and 
 ENSIGN HENRY WEBB.— 1804. 
 
 G. O. Horse Guards, 18 July, 1804. 
 
 The following copy of a Letter from the Judge Advocate 
 General is to be read at the head of every regiment, and entered 
 in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 12 July, 1804. 
 SIR, 
 
 I have had the honour of laying before the King the 
 proceedings of a General Court Martial, held at Parkhurst Bar- 
 
J 54 E. Irwin, T. Casey, and H. Wehb. 
 
 racks, in the Isle of Wight, on the 1st, and continued by adjourn- 
 ments until the 6th day of June last, upon the trials of two Offi- 
 cers of the 8th West India Regiment, Captain Edward Irwin and 
 Lieutenant Thomas Gasey, and also upon the trial of Ensign 
 Henry Webb of the 1 1th Regiment of Foot, and having received 
 His Majesty's commands upon the decision of the Court Martial, 
 touching the Charges preferred against those Officers respec- 
 tively, I have to notify the same to your Royal Highness as fol- 
 lows. 
 
 In the case of the OflScer first mentioned, Capt. Irwin, who 
 was accused of neglect of duty and disobedience of orders, in 
 omitting to embark for the purpose of joining his regiment in 
 the West Indies, by which the ship Ranger, in which a passage 
 •was provided for him, sailed, and he, Capt. Irwin, was left be- 
 hind ; of which offence he was found Guilty, and was adjudged 
 to be Cashiered, but ' from the very respectable and high charac- 
 ter, which it appeared to the Court Capt. Irwin had always held 
 in the service, both as an Officer and a Gentleman, he was hum- 
 bly recommended by the Court to His Majesty's mercy;' I am 
 to acquaint your Royal Highness, that His Majesty, not without 
 feeling much concern, has deemed it necessary, for the sake of 
 example, to confirm the sentence. 
 
 With respect to Lieut. Thomas Casey, who was charged with 
 neglect of duty and disobedience of orders, by quitting the ship 
 Ranger, in which he was embarked, as per Garrison Order of the 
 3d May, and by which he lost his passage to the West Indies, 
 and whereof he was found Guilty, His Majesty, graciously ad- 
 verting to the opinion of the Court, that Lieut. Casey did not quit 
 the ship in which he was embarked with any intention of losing 
 his passage, and to his being taken ill on the 6th May, so as to 
 render it impossible for him to return on board the transport 
 previously to the sailing of the fleet, has been pleased to approve 
 the lenient sentence of the Court Martial, whereby it is adjudged 
 that he, the said Lieut. Casey, be publicly reprimanded by the 
 Officer commanding His Majestj''s forces of the Army Depot 
 in the Isle of Wight. 
 
 As to Ensign Henry Webb, who was charged with ' neglect 
 of duty and disobedience of orders, by quitting the ship Baleys, 
 
M. T. Scott. 155 
 
 in which he was embarked, as per Garrison Order of the 3d May, 
 by which he lost his passage to the West Indies,' and of which 
 he was found Guilty, and was adjudged to be Cashiered, His 
 Majesty, in consideration of some favorable circumstances which 
 appeared in the course of the trial, and of his inexperience in the 
 service, having been only four months in the army, which have 
 induced the Court Martial to intercede in his favor, is most gra- 
 ciously pleased to pardon him, trusting that this extraordinary 
 mark of lenity will make a lasting impression upon his mind, and 
 ensure a strict attention' to every part of his duty in future, all 
 which has been signified to Lieut. Gen. Hewett, or Oflficer com- 
 manding His Majesty's forces in the Isle of Wight. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
 H. R. H. the Duke of York, SfC. ^c. SfC. 
 
 N.B. Lieut. Casey continued in the regiment until 1807, when 
 he resigned his commission. — Ensign Webb died in 1805. — 
 
 Editor. 
 
 CAPTAIN M. T. SCOTT.— 1804. 
 
 G. O. Horse Guards, 21 July, 1S04. 
 
 The following copy of a Letter from the Judge Advo- 
 cate General, with the Opinion and Sentence of the General 
 Court Martial to which it refers, are to be read at the head of 
 every regiment, and entered in the regimental orderly books. 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 13 July, 1804. 
 SIR, 
 
 I have had the honour of laying before the King the 
 proceedings of a General Court Martial, held at Sunderland 
 Barracks on the 2Sth of last month, and on subsequent days, 
 when Capt. Michael Thompson Scott, of the 6lst Regiment, 
 was tried upon the following Charge, exhibited by Major Charles 
 William Doyle of the same regiment, viz. 
 ' Disrespectful, unoflScerlike, and ungentlemanlike conduct, upon the 
 
Missing Page 
 
R. R. Gillespie. 157 
 
 ^iment, to be publicly reprimanded, at such time and in such 
 manner as His Majesty shall plea^se to direct, and doth further 
 adjudge him, the said Michael Thompson Scott, Captain in the 
 6 1st Regiment, to be suspended from Rank and Pay as Captain 
 in the said 6 1st Regiment, for the space of six calendar months, 
 but the Court is of opinion, that Capt. Michael Thompson Scott's 
 language did not purport a challenge, and does therefore acquit 
 him of the same.' 
 
 And upon the whole matter, I. am to acquaint Your Royal 
 Highness, that His Majesty has thought fit to confirm the Sen- 
 tence of the Court Martial, with respect to the suspension from 
 Rank and Pay, but is pleased to dispense with the public repri- 
 mand awarded by the Court, His Majesty conceiving that the 
 publication of the Sentence will virtually convey the intended 
 censure. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 //. R. H. the Duke of York, <^c. ^-c . 4-c. 
 
 N. B. Captain Scott continued in the regiment until 1809, when 
 he died. — Major Doyle is now Major General Sir Charles Wil- 
 liam Doyle, and Colonel of the 10th Royal Veteran Battalion. 
 
 Editor. 
 
 LIEUT. COL. ROB. R. GILLESPIE.- 1804. 
 
 G. O. HorseGuards,23 July, 1S04>. 
 
 The following copy of a Letter from the Judge Advo- 
 cate General is to be read at the head of every regiment, and en- 
 tered in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 23 Jvly, 1 804. 
 SIR, 
 
 Having had the honour of laying before the Kin^ the 
 
 proceedings of a General Court Martial, holden at Colchester, 
 
 on Friday, the 29th day of last month, and continued by adjourn- 
 
I5S -K- R- GiUespie. 
 
 merit till the 17th of this instant July, for th« trial of Lieut. Col. 
 Robert Rollo Gillespie, of the 20th (or Jamaica) Regiment of 
 Light Dragoons, upon the following Charge, preferred against 
 him by Major Allen Cameron of the same regiment, viz. . 
 
 ' Signing false Returns in the Island of Jamaica, when he, Lieut. 
 Col. Robert Rollo Gillespie, commanded the 20th Regiment of Light 
 Dragoons, and thereby obtaining monthly, for the following period, viz. 
 from the 25th day of November, 1800, to the 24th day of October, 1801, 
 both days inclusive, allowances for men stated to belong to the said 
 regiment then under his Command, beyond the effective strength thpneof 
 in the said Island, and hkewise obtaining from the 25th day of Novem- 
 ber, 1800, to the 25th day of December, 1801, inclusive. Allowances 
 for Commissioned and Non-commissioned Officers, and Quarter Masters 
 belonging to the said regiment, then under his command, beyond the 
 allowances they were entitled to receive for the above period.' 
 
 I am to acquaint Your Royal Highness, that His Majesty has 
 been pleased entirely to approve the opinion of the Court Mar- 
 tial, whereby the said Lieut. Col. Robert Rollo Gillespie is most 
 honourably acquitted, and which opinion is conceived in the fol- 
 lowing terms, viz. 
 
 ' The Court Martial, having duly weighed the evidence given 
 in support of the Charge preferred against the prisoner Lieut. 
 Col. Robert Rollo Gillespie, of the 20th (or J amaica) Regiment 
 of Light Dragoons, with that which he has adduced in his defence, 
 is of opifiion, that he is Not Guilty of the Charge preferred 
 against him, and doth therefore most honourably acquit him, in- 
 asmuch as he appears to have acted entirely for the good of the 
 service, from long established custom, and in the instance of the 
 regiment which he commanded with the sanction of the Com- 
 mander of the Island and of the states thereof.' 
 
 I am further commanded to acquaint Your Royal Highness, 
 that His Majesty taking notice that Major Cameron had not been 
 able to substantiate, the very serious Charge deliberately preferred 
 by him against his Commanding Officer, namely, that of " Sign- 
 ing false Returns," has thought fit to direct that it be intimated 
 to the said Major Cameron, that His Majesty has not any further 
 occasion for his service. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 H. R. H. the Dulce of York, S;c. S(C. Spc. 
 
E. Chinery. 15!) 
 
 N. B. Major General Sir Robert Rollo Gillespie, K. C. Bv 
 Colonel of the 25th Dragoons, was killed at the assault of Fort 
 Ralunga, in the East Indies, Slst Oct. 1814. — Editori. 
 
 CAPTAIN EDWARD CHINERY.— 1804. 
 
 G. 0. Horse Guards, 9.i> July, 1804. 
 
 The following copy of a Letter from the Judge Advocate Ge- 
 neral, with the Opinion and Sentence of the General Court Mar- 
 tial to which it refers, are to be read at the head of every regi- 
 ment, and entered in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 • HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 23 July, 1804, 
 SIR, 
 
 Having had the honour of laying before the King the 
 proceedings of a General Court Martial, holden at Colchester, 
 on the 17th of this instant July, for the trial of Capt. Edward 
 Chinery, of the 7th Battalion of the Royal Army of Reserve, 
 upon the following Charge, preferred against him by Col. J. T. 
 Hervy Elwes, commanding the said regiment, namely : ' Improper 
 and disrespectful conduct, in using language conveying a threat, 
 to his Commanding Officer when reprehended for inattention to 
 his duty, at the evening parade of the regiment, on the 6th of 
 June last, in the presence of several Officers and Non-commis- 
 sioned Officers of the regiment,' I am to acquaint Your Royal 
 Highness that His Majesty has thought fit to confirm the Sentence 
 of the Court Martial, whereby the said Capt. Chinery is adjudged 
 to be suspended from Rank and Pay for six months, which Sen- 
 tence is expressed in the following, terms : 
 
 ' The Court Martial, having duly weighed the evidence given 
 in support of the Charge preferred against the prisoner, Capt. 
 Edward Chinery, with that which he has adduced in his defence, 
 is of opinion that he is Guilty, though not to the full extent of 
 the Charge preferred against him. — But in consideration of his 
 sincere penitence, and of his having wished to apologize in the 
 
160 J. Willington. 
 
 most ample manner to his Commanding Officer, previous to the 
 assembling of the Court, and further in consequence of his very 
 excellent character, so fully expressed in the letter of Brig. Gen. 
 Robinson, do only sentence him to be suspended from Rank and 
 Pay for six months.' 
 
 I have, &c. 
 
 CHARLES MbRGAN. 
 M. R. H. the Duke of York, dfC. SfC. S^c. 
 
 PAYMASTER J. WILLINGTON.— 1804. 
 
 G. O. Horse Guards, 31 July, 1804,. 
 
 The following copy of a Letter froiii the Judge Advocate Ge- 
 neral, with- the Opinion and Sentence of the General Court 
 Martial to which it refers, are to be read at the head of every 
 regiment, and entered in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 27 Juh/, 1804. 
 SIR, 
 
 I have had the honour of laying before the King the 
 iproceedings of a General Court Martial, holden at East Bourne, 
 in the county of Sussex, on the 5th of this instant July, and on 
 Subsequent days, when John Willington, Esq. Paymaster of the 
 1 1th Regiment of Light Dragoons, was tried upon the folloVvihg 
 Charges, viz. 
 
 1st. Malversation in his ofBce of Paymaster of the 11 th Regiment of 
 Light Dragoons, in having misapplied or embezzled certain sums of mo- 
 ney, drawn for by him for the public semce of the said regiment, 
 amounting to the sum of ,£979 : lOs. 6d. or thereabouts, he, the said. 
 Paymaster, haying drawn bills for the sum of i€8966 : 0*. 5^d. or there- 
 abouts, for regimental services belonging to the period between the 24th 
 Sept. 1803, and the 25th Dec. of the same year, 1803, and the sum of 
 ^3519 : 10*. 3d., or thereabouts, for regimental services, belonging to 
 the period between the 24th Dec. 1803, and 25th Jan. 1804, aU which 
 bills were duly paid to his order ; whereas the charges incurred in the first 
 mentioned period, viz. between the 24th Sept. and the 25th Dec 1803, 
 amount only to ,£8542 : 3*. 10|d. or thei-eabouts, and between the 
 24th Dec. 1803, and the 25th Jan. 1804, only to £3484 : 15*. 9d. or 
 thereabouts, he, the said Paymaster, having at the time of dra>ving the 
 
•J. WiUinzton. Ifil 
 
 first of the said bills, an admitted balance of i€420 : 19j. 5\d., or there- 
 abouts, then in his hands ; in having also embezzled, or misapplied the 
 further sum of £6&S : \2s. 8d., or thereabouts, received for regimental 
 purposes between the 24th Sept. 1800, and the 25th Jan. 1804. 
 
 2d. Scandalous and infamous conduct unbecoming the character of 
 an Officer and a Gentleman, in having falsely sworn in the following in- 
 stances, viz. Having falsely sworn on the 3d day of Dec. 1803, in his 
 affidavit to the monthly pay-list to the 24 th Nov. preceding, " that the 
 total sum received, drawn for, or required to be remitted, for the services 
 specified in the said pay-list within the period thereof is ^2196 : 8*. 3^rf. 
 whereas, besides the biUs constituting the sum so sworn to, he had drawn 
 ,a bill on the Regimental Agent, dated the 7th Nov. 1803, for 
 ^40 : lis. lOd., to the order of Mr. James Payne, which bill is ex- 
 pressly stated to be on account of the services included within the period 
 of the monthly pay-list above-mentioned. Having also falsely sworn on 
 the 5th Jan. 1804, in his affidavit to the monthly pay-list to the 24th 
 Dec. preceding, that the total sum received, drawn for, or required to be 
 remitted, for the services specified iri the pay-list within the period thereof, 
 is ^2537, whereas, besides the bills constituting the sum so swom to, he 
 had drawn a bill on the said Agent, dated 10th Dec. 1803, for ^180, to 
 the order of Mr. T. Roadley, which bill is expressly stated to be on ac- 
 count of the services included within the period of the monthly pay-list 
 to the said 24th Dec. 1803. Having also falsely sworn on the 7th Feb. 
 1 804, in his affidavit to the monthly pay-list to the 24th Jan. preceding, 
 that the total sum received, drawn for, or required to be remitted, for the 
 services specified in the said pay-lists within the period thereof, is 
 £3169 : 13*. 5|d., viz. £3135 : 12*. Hid. as credited in the General 
 State, and the sum of £34 : 0*. 6d. which has been received for eight 
 cast horses ; whereas, besides bills to the amount of £3135 : 12*. ll^d., 
 which with the sum of £13 : 0*. Gd. constituted the sum of £3169: 
 13*. S^d. so sworn to, he had drawn six other bills on the said Agent, 
 which six bills are expressly stated to be on account of semces included 
 within the period of the monthly pay-list to the 24th Jan. 1804, viz. 
 'One bill dated on the 24th Jan. 1803, (supposed to be £. s. d. 
 
 dated 1803 by mistake) to the order of Mr. Thomas 
 
 Cooper, for 120 17 3i 
 
 ' Another bill dated 14th Jan. 1804, to the order of Quart. 
 
 Mast. Body, for 100 
 
 ' Another bill dated 16th Jan. 1804, to the order of Quart. 
 
 Mast. Webster, for 10 
 
 ' Another bill dated 18th Jan. 1804, to the order of Quart. 
 
 Mast. Roadley, for 50 
 
 ' Another bill dated 20th Jan. 1804, to the order of Mr. 
 
 ^\'oollct, for 43 
 
 ' And another bill dated 20th Jan. 1803, (supposed to be 
 
 dated 1803, by mistake) to the order of Quart. Mast. 
 
 Cherriman 70 
 
 3d. Neglect of Duty, and disobedience of the orders contained in 
 the 8th article of the Additional Instructions for Paymasters and others, 
 dated 11th May, 1801, in having neglected to enter in the book or books, 
 
 M 
 
162 J. WilHngton. 
 
 required by the said article to be kept by him, the said Paymaster, the 
 following drafts made by him, on the public service of the said regiaient, 
 viz. 
 
 In the book for the year 1803. £ s. d. 
 
 ' One bill dated 21st Nov. 1803, to the order of Cooper 
 
 and Co. for 274 6 10 
 
 ■' Another bill dated 7th Nov. 1803, to Mr. James Payne, 
 
 for 40 11 10 
 
 ' Another biU dated lOthDec. 1803, to Mr. T. Roadley, for 180 
 
 In the book for the year 1804. 
 ' One bill dated 4th Jan. 1803, (supposed to be dated 1803 
 
 by mistake) to the order of Mr. T. Cooper, for . . . 120 17 3J 
 ' Another bill dated 14th Jan. 1804, to Quart. Mast. Body, 
 
 for 100 
 
 • Another bill dated 16th Jan. 1804, to Quart. Mast. 
 
 Webster, for 100 
 
 ' Another bill dated 18th Jan. 1804, to Quart. Mast. 
 
 • Roadley, for 50 
 
 ' Another bill dated 20th Jan. 1804, to Mr. Woollett, for 43 
 ' Another bill dated 20th Jan. 1803, (supposed to be dated 
 
 1803, by mistake) to Mr. Chen-iman, for .... 70 
 
 After a careful investigation of which Charges the Court Mar- 
 tial declared their opinion and adjudication as follows : 
 
 ' This Court, after maturely weighing the evidence brought in 
 support of the Charges preferred against Paymaster John Wil- 
 Hngton, of the 11th Regiment of Light Dragoons, is of opinion, 
 ,and doth hereby adjudge, that the said Paymaster John Willing- 
 ton is Guilty of the 1st Charge preferred against him, viz. of 
 
 'Malversation in his office of Paymaster of the 11 th Regiment of 
 Light Pragoons, in havUig misapplied or embezzled certain sums of 
 money, drawn for by him for the public service of the said regiment, 
 amounting to the sum of ^979 : 1 0«. 6d. ; and that he is Guilty of having • 
 also embezzled or misapplied the further sum of .£668 : 12s. 8c(. received 
 ■for regimental purposes,' in the manner specified and set forth in the said 
 fij-st Charge so preferred against him. 
 
 ' With respect to the Second Charge preferred against the said 
 Paymaster John Willington, this Court is of opinion and doth 
 adjudge that he, the said Paymaster John Willington, is Guilty 
 of part of the offences contained in that Charge, viz. of 
 
 ' Scandalous and infamous conduct, unbecoming the character of an 
 Officer and a Gentleman, in having falsely swovn on the 7th of Feb. 1804, 
 in his affidavit to the monthly pay-list to 24th Jan. preceding, that the 
 total sum recdved, drawn for, or required to be remitted, for the services 
 ' specifiedinthesaidpfly-list-\vithin the period thereof, is £3 169 : 13i. .5J(i. 
 viz. £3135 : 12«. \\\d. as credited in the General State, and the sum 
 of j£34 : Oi. 6d. which has been received for eight cast horses ; whereas. 
 
J. Willins'ton. l63 
 
 o 
 
 besides bilk to the amount of £3135 : 12*. 1 1 Jd. which with the sum of 
 £34 : Os. 6d. constituted the sum of £3169 : 13*. 5^d. so sworn to, he 
 had drawn six other bills on the said agent, which six bills are expressly 
 stated to be on a,ccount of services included within the period of the 
 monthly pay-list to the 24th of Jan. 1804, viz. £ s. d. 
 
 ' One bill dated on the 4th Jan, 1803, (which this Court 
 
 doth find to have been dated 1803 instead of 1804, by 
 
 mistake) to the order of Mr. Tho. Cooper, for . . .12017 3 J 
 ' Another bill dated 14th Jan. 1804, to the order of Quart. 
 
 Mast. Body, for . 100 
 
 ' Another bUl dated 16th Jan. 1804, to the order of Quart. 
 
 Mast. Webster, for 100 
 
 ' Another bill dated 18th Jan. 1804, to the order of Quart. 
 
 Mast. Roadley, for 50 
 
 ' Another bill dated 20th Jan. 1804, to the order of Mr. 
 
 Woollet, for 43 
 
 ' And another bill dated 20th Jan. 1803, which this Court 
 
 doth find to have been dated 1803 instead of 1804, by 
 
 mistake) to the order of Quart. Mast. Cherriman, for . 70 
 
 ' And with regard to the Third Charge preferred against the 
 said Paymaster John Willington, this Court is of opinion, and 
 doth adjudge, that he, the said John Willington, is Guilty of 
 every part thereof. 
 
 ' And this Court, although impressed with the evidence given 
 in support of the good character of the said John Willington, 
 and lamenting the mental and bodily infirmities under which he 
 labours, (of which proof has been adduced,) yet regarding the 
 offences of the said John Willington as highly prejudicial to good 
 order and military discipline, doth, in obedience to the 26th article 
 of the l6th section of the Articles of War, adjudge the said 
 Paymaster, John Willington, to be discharged from His Ma- 
 jesty's Service. ' 
 
 And upon the whole matter I am to acquaint your Royal High- 
 ness that His Majesty fully approved the decision of the Court 
 Martial, and has thought fit to confirm the sentence, whereby 
 the said Paymaster John Willington is adjudged to be discharged 
 from His Majesty's Service, which I have notified to Lieut. Gen. 
 Sir James Pulteney, Commanding the Forces in the county of 
 Sussex. 
 
 I have, &c. 
 
 CHARLES MORGAN.. 
 
 H. R. H. the Duke of York, SfC. 4-c. 4-c. 
 
 M 2 
 
164 J. Smith. 
 
 LIEUT. COLONEL JOHN SMITH.— 1804. 
 
 G. O. Horse Guards, l6 Aug. 1 804. 
 
 The following copy of a Letter from the Judge Advocate 
 General is to be read at the head of every regiment, and entered 
 in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 13 Avg. 1804. 
 SIR, 
 
 I have had the honour of laying before the King the 
 proceedings of a General Court Martial, held in the Island of 
 Guernsey, on the 4th day of July last, arid continued by ad- 
 journments to the 27th day of the same month, for the trial of 
 Lieut. Col. John Smith, of the 6th Battalion of the Army of Re- 
 serve, upon Nine several Charges, which had been preferred 
 against him, and touching which the Court Martial, after a long 
 and particular investigation, declared their opinion in the follow- 
 ing terms, viz. 
 
 '1st Charge. The Court, having duly and maturely deliberated 
 on the evidence adduced in support of the different Charges, and 
 the defence established by the prisoner, is of opinion that the 
 fa/ct contained in the first Charge; 
 
 * For having, (the said Lieut. Col. John Smith,) on the 27th 
 of February last, at Vale Castle, ordered Ens. and Adj. John 
 Davis to erase from the Return the age of Daniel Lewis, a pri- 
 vate of said regiment, who wished to volunteer to the Royal Ar- 
 tillery, and to alter his age from 28 years to 33 years, is proved, 
 and admitted by the prisoner, but is also of opinion, that there 
 is no criminality attached to it, and that the Charge is malicious, 
 frivolous and vexatious. 
 
 ' 2d Charge. In regard to the Second Charge, for having on 
 the 12th of March last, on the Public Parade at Vale Castle, 
 among other severe expressions, damned the said Ens. and Adj.' 
 Davis, and added, that he minded nothing but his damned whores; 
 
 ' The Coiirt is of opinion, the prisoner is Not Guilty. 
 
 * Sd Charge. In regard to the Third Charge, for having, (the 
 
J. Smith. 165 
 
 said Lieut. Col. Smithy commanding the said regiment at the Re- 
 view, near Vazon Bay), as the regiment was retreating on the 
 21st May last, rode up to the said Ens. and Adj. Davis with 
 great violence, brandishing his sword, and exclaiming, " damn 
 your blood I'll cut you down, Sir," and having called him a militia 
 b r; 
 
 The Court is of "opinion that the prisoner is Not Guilty. 
 
 ' 4th Charge. In regard to the Fourth Charge, for having, the 
 said Lieut. Col. Smith, from the 11th of April, to the 19th of 
 May last, drawn Forage for two horses, in the name of Major 
 Pleydell, of the said regiment, and that when, during part of 
 that period, that is from the 1 1th to the 30th of April, the Major 
 was on leave of absence, and had during the whole period only 
 one horse in his possession, which forage was applied to the use 
 of the said Lieut. Col. Smith ; 
 
 ' The Court is of opinion that the prisoner is Not Guilty ; the 
 error having been rectified previous to the exhibition of the 
 Charge ; at the same time the Court finds it necessary to remark 
 upon the great irregularity of Lieut. Col. Smith, in having re- 
 turned, even in the Weekly Return of Forage, Major Pleydell 
 for more horses than he had actually effective. 
 
 ' 5th Charge. In regard to the Fifth Charge, for having about 
 the latter end of April last, ordered the sum of £1 : 25. to be 
 drawn on Government for a private soldier, named Thomas 
 Evans, who was deceased, previous to that period ; 
 
 ' The Court is of opinion that he is Not Guilty. 
 
 ' 6th Charge. In regard to the Sixth Charge, for having or- 
 dered the sum of one shilling per week to be stopped from the 
 working shoemakers, which amounted to the sum of ^1 : 18s. 
 on the 16th of May, and which sum was paid into the hands of 
 said Lieut. Col. Smith ; 
 
 ' The Court is of opinion that he is Not Guilty. 
 
 ' 7th Charge. In regard to the Seventh Charge, for having on or 
 about the 1 1 th of May last, ordered the Quarter Master Serjeant 
 William Farmer, of the said regiment, to dispose of thirty 
 bushels of Coals, which had been drawn from the Barrack office, 
 'which coals were sold for thirty shillings, and paid into the hand* 
 of the said Lieut. Col. Smith, by his own order ; 
 
J 66 J. Smith. 
 
 * The Court is of opinion that he is Not Guilty. 
 
 • Which said three'last mentioned Charges, 5th, 6th and 7th, 
 the Court is of opinion are also malicious, frivolous, and vexa- 
 tious. 
 
 ' 8th Charge. In regard to the Eighth Charge, for having, on 
 or about the 7th of May last, at Amherst Barracks, addressed the 
 said regiment when under arms, calling them a cowardly das- 
 tardly set, saying that he particularly addressed himself to the 
 Non-commissioned Officers ; 
 
 ' The Court is of opinion that it has been proved that harsh 
 expressions were made use of by the prisoner, but which pro- 
 ceeded from motives of zeal to promote His Majesty's service, 
 by endeavouring to get the men to volunteer, so the Court can- 
 not attach any criminality to it, especially as those to whom the 
 words are said to have been addressed, have not felt themselves 
 aggrieved. 
 
 ' 9th Charge. In regard to the Ninth Charge, for having on 
 or about the 1 3th of March last, and at several times previous 
 and after that period, when the men were under arms, struck 
 them in the face with a big stick, the hilt of his sword, his fist, 
 and the lock of the men's firelocks ; 
 
 ' The Court is of opinion that it is proved in part ; the Court 
 disapproving very much of so unusual a mode of correction, 
 as striking a man in the face with a drawn sword ; and though 
 the general character of the prisoner exonerates him in the 
 opinion of the Court, of being actuated by cruelty, yet it doth, 
 nevertheless, consider him highly reprehensible for such an in- 
 temperance, and doth therefore adjudge him to be reprimanded 
 in such a manner as His Majesty will be pleased to direct. 
 
 ' The Court feels it a duty incumbent on it to remark, that the 
 acrimony, apparent in the prosecution, has fully established the 
 existence of a Party in the 6th Regiment of Reserve against 
 Lieut. Colonel Smith, and further that the entire of the charges 
 have been brought forward more to gratify party pique, than to 
 promote the general benefit of the service. 
 
 And I am to acquaint your Royal Highness that His Majesty 
 has entirely approved the opinion of the Court Martial upon 
 
T. Lalor. ]67 
 
 the said Several Charges, respectively, as well as their just com- 
 ment upon the motives and conduct of the prosecution ; 
 
 1 am further commanded to acquaint your Royal Highness, 
 that His Majesty deems it necessary that it be intimated to 
 Ensign and Adjutant John Davis, by whom the Charges against 
 Lieut. Col. Smith have been brought forward, that His Majesty 
 has not any further occasion for his service. 
 
 His Majesty adverting particularly to the Qth article of Charge, 
 of which the Court Martial has in part found Lieut. Col. 
 Smith Guilty, was pleased to direct that this letter should ex- 
 press a wish of His Majesty, that Lieut. Col. Smith, in his zeal 
 for the service, had conducted his command with more temper 
 than he appears, in some instances, to have done ; as also that 
 it should declare His Majesty's high disapprobation of the strik- 
 ing of a soldier at any time, and more especially when under 
 arms, although the stroke, as in the few cases adduced in the 
 evidence, be inflicted without cruelty and without any material 
 hurt. 
 
 With respect to the Reprimand awarded by the Court Martial, 
 His Majesty considers that the purpose will be sufficiently 
 effected by a publication of the Sentence in General Orders, 
 together with His. Majesty's pleasure thereon. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 H. R. H. the Duke of York, SfC. 8,x. SfC. 
 
 •N. B. Lieut. Col. Smith died in 1809 as Lieutenant Colonel of 
 the late 2d Garrison Battalion. — Editor. 
 
 ENSIGN THOMAS LALOR.— 1804. 
 
 G. O. Horse Guards, 28 Aug. 1804. 
 
 The following copy of a Letter from the Judge Advocate 
 General, is to be read at the head of every regiment, and entered 
 in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
168 J. H. JoUiffe. 
 
 Judge Advocate Generars Office, l6 Aug. 1804. 
 SIR, 
 
 Having had the honour of laying before the King the 
 proceedings of a General Court Martial, held at the Royal Hos- 
 pital, at Chelsea, on the 28th and SOth days of July last, when 
 Ensign Thomas Lalor, of the 69th Regiment of Foot, (late a 
 Comet in the 9th Regiment of Light Dragoons) was tried and 
 found Guilty upon a charge of " Behaviour unbecoming an 
 Officer, at Woodbridge, on or about the 10th of May last, to 
 Lieut. Col. Mahon, having in the presence of Captain Ellice 
 and Paymaster Chapman, conducted himself disrespectfully and 
 insultingly towards him, Lieut. Col. Mahon, his late Command- 
 ing Officer." 
 
 I am to acquaint your Royal Highness, that His Majesty has 
 thought fit to confirm the Sentence of the Court Martial, where- 
 by the said Ensign Thomas Lalor has been adjudged to be dis- 
 missed His Majesty's service. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
 H. R. H. the Duke of York, Sfc. Sfc. ^c. 
 
 CAPTAIN JAMES HARE JOLIFFE.— 1804. 
 
 G. O. Horse Guards, 21 N(rv. 1804. 
 
 The following copy of a Letter from the Judge Advocate 
 General, is to be read at the head of every regiment, and entered 
 in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 14 Norc. 1804. 
 SIR, 
 
 I have had the honour of laying before the King the 
 
 proceedings of a General Court Martial, holden at Weymouth, 
 on the 18th Oct. last, and on subsequent days, for the trial of 
 Capt. James 'Hare Joliffe, of the 2d Regiment of Somersetshire 
 Militia, who was arraigned upon the following charges, viz. 
 1st. ' Ungentlemanlike and unufficerlike conduct whilst on duty st 
 
T. A. J. Barlow. 160 
 
 Bath, in the county of Somerset, from July 1803 to May 1804, in pro- 
 curing Substitutes improperly, for his own emolument, and without au- 
 thority.' 
 
 2d. ' TeUing falsehoods, and ordering the party under his command, 
 as well as men he had engaged, to do the same, to the Magistrates, De- 
 puty Lieutenants, and Principals, in order to deceive them respecting the 
 Bounties given to the Substitutes, by stating such bounties to be 
 greater than the sums which were agi-eed for, or in fact paid to or for 
 the substitutes.' 
 
 Of the whole of which charges the Court Martial has found 
 him, the said Capt. James Hare JoIifFe, Guilty, and has ad- 
 judged him to be dismissed tlie service, and moreover to be ren- 
 dered incapable of serving His Majesty in any military capacity 
 whatever. 
 
 And I am to acquaint "your Royal Highness that His Majesty 
 has thought fit to dismiss the said Captain James Hare Joliffe 
 from His Majesty's service, pursuant to the said Sentence ; 
 which I have notified to Lieut. Gen. His Royal Highness the 
 Duke of Cumberland, commanding His Majesty's forces in the 
 South West district. 
 , I have, &c. 
 
 CHARLES MORGAN. 
 
 H. R. H. the Duke of York, Sfc. Sfc. SfC. 
 
 CAPTAIN THO. ANT. J. BARLOW.— 1804. 
 
 G. O. Horse Guards, 29 Nov. 1804. 
 
 The following copy of a Letter from the Judge Advocate 
 General, is to be read at the head of every regiment, and entered 
 iu the regimental orderly book. 
 
 By order of H. R. H. the Commander iu Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 14 Nov. 1804. 
 SIR, 
 
 Having had the honour of laying before the King the 
 proceedings of a General Court Martial, holden at Portsmouth, 
 on the 13th of October last, and subsequent days, for the trial of 
 Captain Thomas Anthony John Barlow, of the 3d Regiment 
 of the Royal Lancashire Militia, the charges against whom. 
 
170 G. Crosse. 
 
 together with the c)pinion and Sentence of the eourt Martial 
 are as follows, viz. 
 
 ' The Court having duly weighed the evidence given in sup- 
 port of the charges preferred against the prisoner, Captain Tho- 
 mas Anthony John Barlow, of the 3d Royal Lancashire Regi- 
 ment of Militia, with that which he has adduced in his defence, 
 is of opinion that he is Guilty of the 1st charge, namely, 
 
 " Absenting himself froin the Dock-yard Guard at Portsmouth, of 
 which he was the Captain commanding, on the 18th of September last.'-' 
 
 ' In regard to the 1st part of the 2d charge, namely, 
 
 "■ Unofficerlike conduct, in endeavouring to prevail upon a sentinel, 
 under his own command, to permit a boat to land on the night of the 
 18th, or early in the morning of the 19th of September last, at the 
 King's Stairs, in the dock-yard at Portsmouth, knowing, that the sentinel 
 had orders expressly to prevent it j'' 
 
 ' The Court is of opinion that it is not proved. 
 
 ' With respect to the latter part of the 2d charge, namely, 
 
 " Having at the same time endeavoured to bribe two civil watchmen 
 to permit a woman to come on shore from the said boat, which was con- 
 traiy to their orders;'' 
 
 ' The Court is of opinion, that he is Guilty, and being a breach 
 of the Articles of War, doth adjudge the prisoner. Captain 
 Thomas Anthony John Barlow, to be cashiered.' 
 
 I am to acquaint your Royal Highness that His Majesty has 
 thought fit to confirm the said Sentence of the Court Martial, 
 whereby the said Captain Thomas Anthony John Barlow is ad- 
 judged to be cashiered, which I have notified to Major General 
 Whitelocke, or Officer commanding His Majesty's forces at 
 Portsmouth. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 E. R. H. the Duke of York, ^c. S^c. IfC. 
 
 ASSIST. SURG. GEORGE CROSSE.— 1804. 
 
 (J. O. Horse Guards, 29 Nwi-. 1804. 
 
 The following copy of a Letter from the Judge Advocate 
 General, is to be read at the head of every regiment, and entered 
 in the regimental drderly book. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
J. Ellioil. 171 
 
 Judge Advocate General's Office, 14 Nov. 1804. 
 SIR, 
 
 Having had the honour of laying before the King the 
 
 proceedings of a General Court Martial holden at Colchester, 
 on the 26th and 27th days of October last, when Assistant Sur- 
 geon George Crosse, of the 1st (or Royal) Regiment of Dra- 
 goons, was tried and found Guilty of the following Charges, viz. 
 
 1st. Having absented himself from the regiment without leave, at 
 Kingston upon Thames, on the 15th day of March last, (1804) the regi- 
 ment being then on its march from Chichester to the Eastern Distiict, 
 and having reinained so absent until the 24th of September folloviring. 
 
 2d. Having, aJter rejoining the regiment at Ipswich, on the said 24th 
 day of September, quitted the Barracks, to which he had been confined by 
 order of his Commanding Officer, thereby breaking his arrest, and having 
 on that day again absented himself from the regiment without leave; 
 
 I am to acquaint your Royal Highness, that His Majesty has 
 thought fit to confirm the sentence of the Court Martial, whereby 
 the said Assistant Surgeon George Crosse was adjudged to be 
 cashiered, which I have notified to Lieutenant General Sir James 
 Henry Craig, under whose order the Court Martial was held. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
 H. R. H. the Duke of York, Src. ^c. ^c. 
 
 LIEUT. COL. JOHN ELLIOTT.— 1804. 
 
 G. O. Horse Guards, 29 Nov. 1804. 
 
 The following copy of a Letter from the Judge Advocate 
 General, with the Opinion and Sentence of the General Court 
 Martial to which it refers, are to be read at the head of every 
 regiment, and entered in the regimental orderly book. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 27 Nov. 1804. 
 SIR, 
 
 Having had the honour of laybg before the King the pro- 
 ceedings of a General Court Martial, holden at Brighthelmstone, 
 on the 12th of this instant November, and on subsequent days, 
 for the trial of Lieutenant Colonel John Elliott, of the 1st (or Tlie 
 
172 . J. Elliott. 
 
 King's) Regiment of Dragoon Guards, upon charges exhibited 
 against him by Captain Sober of the same regiment, which 
 charges are recited in the opinion of the Court Martial hereunto, 
 annexed ; 
 
 I am to acquaint your Royal Highness, that His Majesty has 
 approved the said opinion of the Court Martial, and has thought 
 fit to confirm the sentence, whereby the said Lieutenant Colonel 
 John Elliott is adjudged to be dismissed His Majesty's service, 
 I have, &c. 
 
 CHARLES MORGAN. 
 H. R. H. the Duke of York, Sfc. ^c. Si-c. 
 
 OPINION AND SENTENCE 
 
 Of a General Court Martial, holden at Brighthelmstone, on the 
 
 12th November, 1804, and on subsequent days, for the trial 
 
 of Lieutenant Colonel John Elliott, of the 1st (or King's) 
 
 Regiment of Dragoon Guards. 
 
 This Court, after maturely weighing the evidence brought in 
 
 support, and in defence, of the said charges exhibited by Captain 
 
 Abraham Cumberbatch Sober against Lieutenant Colonel John 
 
 Elliott, of the 1st (or King's) Dragoon Guards, in regard to the 
 
 first charge, viz. 
 
 . ' For disobedience of General Orders concerning the sale of cast 
 horses, dated January 7th, 1 802, in not causing such horses to be sold 
 by public auction, in several instances, viz. at Bristol, May the 1 2th, 
 1803; at Exeter, November 4th, 1803; at Chichester, June 20th, 
 1804 ; " which last is also in Disobedience of Brigade Orders, issued by 
 Major General Hugonin, dated June 13th, 1804 ; ' 
 
 Is of opinion, that the said Lieutenant Colonel John Elliott 
 is Not Guilty of disobedience of General Orders, concerning 
 the sale of cast horses, dated January 7th, 1802, in not causing 
 such horses to be sold by public auction at Bristol, May 12th, 
 1803. But the Court is of opinion that the said Lieutenant Co- 
 lonel John Elliott is Guilty of disobedience of the said General 
 Orders, dated 7th January, 1802, in not causing two such cast 
 horses to be sold by public auction at Exeter, November 4th, 
 1803; and in not causing seven such cast horses to be sold by 
 
J. Elliott. 175 
 
 public auction at Chichester, on the 20th June, 1S04, which last 
 instance the Court is of opinion, is also in disobedience of Brigade 
 Orders issued by Major General Hugonin, dated 13th June, 1804. 
 
 With regard to the second charge preferred by the said Cap- 
 tain Sober against the said Lieutenant Colonel Elliot, viz. 
 
 ' For carrying on an improper traffic with the b4t and cast horses, be- 
 tween the dates of November the 4th, 1803, and September 9th, 1804, 
 highly disgraceful to the situation he holds in the regiment, and thereby 
 defrauding Government ; ' 
 
 This Court is of opinion, that the said Lieutenant Colonel 
 John Elliott is Guilty of having carried on an improper traffic 
 with the bat and cast horses, between November the 4th, 1803, 
 and September the 9th, 1804, highly disgraceful to the situation 
 he holds in the regiment, and of having thereby in one instance 
 defrauded Government. 
 
 With regard to the third charge preferred by the said Cap- 
 tain Sober against the said Lieutenant Colonel Elliot, viz. 
 
 ' For making requisitions, and receiving coab and candles as a bar- 
 rack allowance, during the period the King's Dragoon Guards were 
 quartered in Arundel Barracks, whilst he lodged in the town of Arundel, 
 and not in the barracks, between the 1st of April, 1804, and Septem- 
 ber 6th, 1804, contrary to an express order on that head ; ' 
 
 This Court is of Opinion, that the said Lieutenant Colonel 
 John Elliott is Guilty of this third charge exhibited against him; 
 but it appears to this Court, that Lieutenant Colonel Elliott was 
 guilty thereof from his ignorance of the order of the 21st Decem- 
 ber, 1801, having voluntarily refunded the coals and candles he 
 had overdrawn, on his first being acquainted with that order, and 
 previous to his knowledge that this charge was to be exhibited 
 against him. 
 
 And this Court, although deeply impressed with the many ho- 
 nourable testimonies to the good character of the said Lieutenant 
 Colonel John Elliot, and the length of his military services, yet 
 regarding the charges of which they have found him Guilty, as a 
 breach of the Articles of War, do with great regret feel it their 
 duty to adjudge, and do hereby adjudge, the said Lieutenant 
 Colonel John Elliott to be dismissed His Majesty's service. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
1 74 P. Manoux, R. Garstin, J. Alston, 
 
 MAJOR P. MONOUX, CAPT. R. GARSTIN, 
 
 CAPT. J. ALSTON, CAPT. C. H. SMITH, 
 
 CAPTAIN C. MADDISON, and LIEUT. 
 
 J. ARMSTRONG.— 1804. 
 
 G. O. Horse Guards, 5th Dec. 1804. 
 
 The following copy of a Letter from the Judge Advocate Gene- 
 ral, with the several inclosures to which it refers, are to be read 
 at the head of every regiment, and entered in the regimental or- 
 derly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate's Office, 29<A Nov. 1804. 
 
 SIR, 
 
 I have had the honour of laying before the King the pro- 
 ceedings of a General Court Martial, holden at Exeter, on the 
 l;3th of August last, and continued by adjournments till the 6th 
 of this instant November, for the trial of Major Philip Monoux, 
 Captain Robert Garstin, Captain .Justinian Alston, Captain 
 Charles Hervey Smith, Captain Charles Maddison, and Lieute- 
 nant John Armstrong, all of the Bedfordshire Regiment of Mi- 
 litia, upon sundry charges preferred against them respectively by 
 Colonel Francis Moore, commanding the said regiment, which 
 charges, together with the Opinion and Sentence of the Court 
 Martial, are stated in the transcript hereunto annexed. 
 
 His Majesty noticed with surprise the uncommon bulk of the 
 minutes, and expressed much concern, at its appearing upon an 
 inspection thereof, that the extreme protraction of the trial has 
 in great measure been occasioned by the contentions and hostile 
 disposition of the parties towards each other, which manifested 
 itself almost throughout the proceeding in a degree very dis- 
 graceful to both ; and I have it in command to acquaint your 
 Royal Highness, that His Majesty, upon a comprehensive view 
 of the whole business, has determined, as a measure essentially 
 necessary for the upholding of discipline, good order, and har- 
 mony in the corps, that, as well the prosecutor Colonel Moore, 
 
C. //. Smith, C. Maddison, 5r J. Armstrong. 175 
 
 as the several defendants, Major Monoux, Captains Garstin, 
 i\lston, Smith, Maddison, and Lieutenant Armstrong, be dis- 
 placed from their respective situations, as Officers of the Bedford- 
 shire Regiment of Militia, and was pleased to say that he would 
 give direction through one of his Secretaries of State to the Lord 
 Lieutenant of the County on that head. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 H.R.B. the Duke of York, Sfc. SfC. Sj-c. 
 
 CHARGES 
 
 Preferred against Major Philip Monoux, Captain Robert Garstin, 
 Captain Justinian Alston, Captain Charles Hervey Smith, 
 Captain Charles Maddison, arid Lieutenant John Arm- 
 strong, of the Bedfordshire Regiment of Militia, at a General 
 Court Martial, holdenat Exeter on the 13th of August, 1S04, 
 and continued by adjournments until the 6th of November 
 following, together with the Opinion, and Sentence, of the 
 Court Martial. 
 1 st Charge. That the said Major Philip Monoux, Captain Robert 
 Garstin, Captain Justinian Alston, Captain Charles Hervey Smith, Cap- 
 tain Charles Maddison, and Lieutenant John Armstrong, have, vrithin 
 these last eight months, combined and confederated together, to preju- 
 dice and traduce their Colonel in the eyes of the Officers and soldiers of 
 the regiment, in Various ways ; and particularly by convening, and hold- 
 ing meetings or committees in an overt, unauthorized and unlawful 
 manner j to w^hich they have summoned Seijeant Byway, Serjeant Fur- 
 nival, Corporal Nott,- Corporal Newman, Serjeant Bluvitt, John Bui-ns, 
 of the Light Company, Serjeant Warner, Seijeant Warden, Serjeant 
 Walton, George Robins, John Chapman, William Dawson, John Sim- 
 mons, John Chance, and several other Non-commissioned Officers and 
 privates of the said regiment, to the number of twenty at a time and 
 upwards, at Major Monoux's lodgings in College Green, on or about 
 31st March last, April 19th, May 7th, 10th, and 17th, 1804, examining 
 them with respect to their clothing, and other dues, taking down notes, 
 and using very indecent language to many of the Non-commissioned Of- 
 ficers and private men, who attended and stated they had no grievances, 
 evidently tending to insubordination, by making the soldiers dissatisfied 
 and discontented, to the prejudice of His Majesty's service and of the 
 honour and reputation of the Colonel and his regiment. 
 
 2d. And for propagating, in the Garrison of Bristol, scandalous and 
 ill-founded reports, particularly in the months of March, April, and May 
 last, by stating to Captain Affleck of the Rutland MiUtia, and others, 
 on or about the latter end of March last, that certain monies for small 
 beer, clothing, and other rights, were due to some men of the Bedford- 
 
1 76 P. Monoux, R. Garsti?i, J. Ahlon, 
 
 shire Regiment, and unjustly withheld from them, to the prejudice of 
 and injurious to the character and reputation of their Colonel. 
 
 3d. That the said Major Philip Monoux, Captain Robert Garstin, 
 Captain Justinian Alston, Captain Charles Hervey Smith, and Captain 
 Charles Maddison, did on the 24th day of April, 1804, or thereabouts, 
 sign a letter or paper containing a statement of imaginary grievances, 
 exaggerated, erroneous, and unfounded; Which paper was sent open 
 and unsealed to their Colonel, and brought to him by a common servant, 
 accompanied vrith a direction, that their said Colonel should hand it up 
 to the General; which paper was written without the privity, know- 
 ledge, or consent of the Non-commissioned Officers mentioned therein, 
 (the supposed objects of such grievances,) in disobedience of their Co- 
 lonel's Orders, and contrary to the course prescribed by the 1st article 
 of the 12th Section of the Articles of War. 
 
 4th. That the said Major Monoux, as commanding a Company, re- 
 fused or neglected to settle with, or see that his men were accounted 
 with, for their pay and arrears, also the landlord's quarters for several 
 months since Christmas last. 
 
 5th. ITiat Captain Charles Maddison did, on Sunday the 1 1 th of March, 
 1804, when the regiment was paraded for church, at Bristol; in the 
 presence of many spectators, behave in a cruel manner, such as is unbecom- 
 ing the character of an Officer and a Gentleman, by having repeatedly 
 and violently stricken William Goddard, a private in his own company, 
 with a stick, so as to disable him to carry his firelock and perform his 
 other military duties for several days. 
 
 6th. That the said Major Monoux has, at various times within the last 
 four months past, in the Garrison of Bristol, behaved in a scandalous and 
 infamous manner, such as is unbecoming the character of an Officer and 
 a Gentleman, particularly on or about the 20th of March last, and the 
 19th of April, in his own lodgings, and upon College Green, Bristol, by 
 shamefully speaking disrespectfully of his Colonel, and insisting upon a 
 Non-commissioned Officer making out an account of small beer money, 
 and other dues, and persisting that it was due to him, notwithstanding 
 he the Non-commissioned Officer assured him he had no claim, on which 
 he called him ' a damned fellow, and one of those afraid to speak,' and 
 again insisted on his making out an account of small beer money, and 
 other dues, and further saying, ' that he the Non-commissioned Officer 
 and the men should have their dues, if it was old Moore's head and nose,' 
 (meaning the Colonel) adding, ' damn him, why does he not pay the men 
 their dues?' and that upon the Non-commissioned Officer's persisting 
 in his inability to make out an account or claim he did not think he was 
 entitled to, he, the Major, again swore ' he would have a return, for old 
 Moore (meaning the Colonel) should not pocket it." 
 
 7th. That the said Lieutenant John Armstrong, on the 21st of April 
 last, disobeyed the General Order dated the 25 th of September, 1803, by 
 not giving Colonel Moore a return of a prisoner of the regiment, under 
 his charge as Officer of the main guard, and also in disobedience of the 
 said Colonel's regimental orders of the 19th of December last, nearly to 
 the same purport, and that the said Lieutenant John Armstrong did, on 
 the 24th of the same month, declare that old Moore (meaning the Colo- 
 
C. //. Smith, C. Maddison, 8f J. Armstrong. \Tll 
 
 nel) Lad given out such an order, that ' he would be damned if he would 
 obey, the first time he was on guard ; ' and further, when directed by 
 the Colonel to assign his reason in writing, why he disobeyed the said 
 order, on coming off the main guard, the 21st of April, 1804, did behave 
 in a scandalous and infamous manner, such as is unbecoming the cha- 
 racter of an Officer and a Gentleman, by giving under his hand a di- 
 rect falsity, in stating, that having no prisoners of the Bedfordshire Mili- 
 tia, he did not think himself called upon to give in a report,' or words 
 to that effect ; whereas, in fact, he well knew that John Brovm, private 
 in Major Monoux's company, was actually confined, in his charge, from 
 the time he mounted the main guard, the 20th of April, and so remained 
 when relieved the next day. 
 
 8th. That the said Lieutenant John Armstrong did disrespectfully dis- 
 obey the Colonel's orders, given him by Lieutenant Gamsey, acting Ad- 
 jutant, the 6th of June last. 
 
 9th. And that the said Lieutenant John Armstrong did disobey Major 
 General Fisher's orders, commanding this Garrison, (Bristol,) issued on 
 the 16th of January and Uthof May, 1804, viz. on the 12th of May last, 
 and since. 
 
 10th. And the said Captain Charles Maddison did absent himself from 
 his duty, when on Stapleton Prison Guard, on the night of the 14th of 
 June, 1804. 
 
 11th. And that the said Captain Charles Hervey Smith permitted 
 Samuel Woodcraft, a private soldier, to be absent from his company and 
 regiment, from the morning of the 13th June to the evening of the 17th, 
 1804, being sent by him (the Captain) about fifty miles, or upwards, 
 without the knowledge or permission of the Colonel. 
 
 OPINION and SENTENCE. 
 
 The Court, having duly and maturely deliberated on the evi- 
 dence adduced in support of the different charges, and the de- 
 fence established by the prisoners, is of opinion in regard to the 
 
 1st. Charge. That the combination and confederacy charged 
 against the prisoners consisted in their uniting to prefer charges 
 against Colonel Moore, which they sent to General Tarleton, 
 and that the meetings, charged to be held by them were not ille- 
 gal and unauthorized, as they were at first summoned by Ma- 
 jor Monoux, the then commanding Officer, and afterwards with 
 the permission and authority of l.ieutenant Colonel Gilpin, the 
 Officer then in command of the regiment, to assemble and sum- 
 mon men of the Bedford Militia, for the purpose of preparing 
 evidence to substantiate charges against Colonel Moore, and the 
 notes taken at such meetings appear to be minutes of each man's 
 name intended to be called on each charge, and that it further 
 appears the men were examined separately. 
 
 N 
 
T78 P. Monoux, R. Garstin, J. Alston, 
 
 The Court therefore acquit the prisoners of this part of the 
 Charge. 
 
 It appears, however, that among others, some men who had 
 made no complaint were examined at such meetings, and among 
 other things, respecting claims which they were told were due to 
 them, viz. a second compensation for clothing, on the peace es- 
 tablishment, which the prisoners have not proved to have been 
 diie, and which conduct, of course, had a tendency to excite dis- 
 content in the regiment. 
 
 Thiey, therefore, aie of opinion, that these parts of the Charge 
 are proved. But they feel it their duty to state, that the mo- 
 tives of such examinations appear to have been to ascertain 
 whether such monies and compensations had, or had not been 
 received, which they charged Colonel Moore with with-holding, as 
 they had been informed by Captain Trelawney, the battalion clerk, 
 that it was his opinion the small beer money was due, and that 
 he had money in his hands which he would apply to that purpose, 
 if duly authorised, and that the noncommissioned officers on the 
 peace establishment did not receive their clothing till they were 
 again embodied. 
 
 They acquit all the prisoners of using indecorous language at 
 such meetings, excepting Major Monoux, whom they find Guilty 
 of usmg such language to one noncommissioned officer ; in re- 
 gard to the second charge, it appears to the Court that all the 
 prisoners did state reports to Captain Afflick, of the Rutland, 
 ivhich (if unfounded) were highly injurious to Colonel Moore; 
 and'that Major Monoux, Captains Garstin and Maddison, did so 
 to Major Pierrepoint, and that they all did mention the same in 
 conversation among themselves in the hearing of others ; which 
 reports, however, certainly do not appear to have originated with 
 them, but on which they preferred charges to Lieutenant General 
 Tarleton against Colonel Moore. 
 
 The first, second and third charges, being the only charges 
 against Captains Garstin and Alston on which they are found 
 ■Guilty, and the Court having taken into consideration the peculiar 
 circurtBtances noticed in extenuation of these charges, and that 
 the degree of ciiminality in some measure rests on the result of 
 the charges they preferred against Colonel Moore, and the long 
 
C. H. Smith, C. Maddisoh, Sf J. Armstrong. 179 
 
 and unblemished services of Captain Garstin, only adjudge Cap- 
 tain Garstin shall be admonished, that no circumstances can jus- 
 tify language tending to lessen the character of his Commanding 
 Officer ; and that Captain Alston having used words disrespect- 
 ful of Colonel Moore, on the Officers' Parade, shall be publicly 
 reprimanded. 
 
 In regard to the third charge, the Court is of opinion that 
 Captain Maddison did send a letter to Colonel Moore accompa- 
 nied vi'ith an invelope, directed to General Fisher, containing 
 copies of statements signed by all the prisoners, except Lieute- 
 nant Armstrong, which had previously and originally been sent 
 to Colonel Moore, but which letter does not appear to have been 
 disrespectful, nor couched in the words of the charge, nor con- 
 trary to the first section of the 12th article of the Articles of 
 War ; nor did the envelope enclosing such statement appear to 
 have been sent open by Captain Maddison, as it had been 
 evidently wafered and sealed ; the Court therefore acquit the 
 prisoners of this part of the charge. 
 
 But it appears that among several charges made in those state- 
 ments against Colonel Moore two were erroneous and unfounded, 
 inasmnch as they charged him with having withheld small-beer 
 money, and a second compensation in lieu of clothing from the 
 noncommissioned officers of the peace establishment, which do 
 not appear to have been proved due to them. The Court there- 
 fore find Captain Maddison Guilty of sending to Major General 
 Fisher an erroneous statement, as far as relates to those two 
 articles, on which the Court have already stated what appeared 
 to them in extenuation on the first charge. 
 
 They acquit Major Monoux, Captains Garstin, Alston, and 
 Smith, and Lieutenant Armstrong, of sending such statements 
 to Maj. Gen. Fisher, as the letter, accompanying the said state- 
 ments, requesting Colonel Moore would forward them to Maj. 
 Gen. Fisher, was written and signed only by Captain Maddison 
 without any reference to either of the other prisoners. 
 
 The Court also acquit the prisoners of any wilful misrepre- 
 sentation respecting the charge, that the clothing would not be 
 finished in eight months, as the proof offered of such wilful mis- 
 representation was contained in a paper given in evideace by 
 
 N 2 
 
180 P. Monoux, R. Garstin, J. Alston, 
 
 Colonel Moore, purporting to be a copy of a letter sent by him- 
 self to Major Monoux in which are the following words, speak- 
 ing of the clothing, " as I have not a doubt but it will be so in a 
 third part of that time, or about the first of May, provided the 
 taylors are permitted to keep to work, as I have directed other 
 aid to accomplish it;" whidi words, " as I have directed other 
 aid to accomplish it," do not appear in the original letter from 
 Colonel Moore to Major Monoux, produced by the prisoners on 
 their defence — but it is- the duty of the Court to state, that if 
 those words added in the copy bad been in the original, their 
 opinions would have been materially altered on this part of the 
 charge. 
 
 In regard to the fourth charge, it appears that the accounts 
 of Major Monoux's Company were not settled for three months 
 afier Christmas, but it also appears that Major Monoux was 
 absent from the regiment great part of that time, and that he 
 took effectual measures to settle these accounts immediately on 
 his return to the regiment. 
 
 The Cotirt therefore acquit Major Monoux of criminal neglect 
 in this charge. . 
 
 In regard to the fifth charge, the Court is of opinion that it 
 is proved in part, viz. that Captain Maddison did strike William 
 Goddard on the parade 5 a mode of correction, in the opinion of 
 the Court, highly reprehensible ; but it appears that he was imme- 
 diately reproved for it by Lieutenant Colonel Gilpin, on the pa- 
 rade, when he expressed his regret for what he had done, stating 
 his inexperince of the army in Great Britain, having lately returned 
 from foreign service in India, with which explanation Lieutenant 
 Colonel Gilpin expressed himself satisfied. 
 
 The Court entirely acquit Captain Maddison of the other 
 parts of the chaj-ge, from the evidence before them, the circum- 
 stances of cruelty being disproved, and further remark that 
 Colonel Moore himself did, in support of the testimony of another 
 of his witnesses, the Serjeant Major, when confronted with God- 
 dard the principal evidence on this charge, on a contradic- 
 tion in their depositions give evidence of the peijury, or false 
 swearing of the said Goddard, and afterwards called Lieut. 
 Warren to prove the said Goddard, under certain circumstances, 
 
C. H. Smith, C. Maddison, Sf J. Armstrong. 181 
 
 was incompetent to give, evidence in Court, and that Colonel 
 Moore also produced evidence to impeach the credibility of 
 Farren, another of his witnesses on this charge, who had subse- 
 quently been called as a witness during the defence. 
 
 In regard to the sixth charge, the Court is of opinion that 
 the major part of this charge is proved, and that Major Monoux's 
 language was unbecoming an Officer. 
 
 In regard to the seventh charge, the Court do find Lieutenant 
 Armstrong Guilty : But the Court are of opinion that Lieutenant 
 Armstrong did not behave in a scandalous and infamous manner, 
 such as is unbecoming the character of an Officer and a Gentle- 
 man, by giving under his haijd a direct falsity, in stating that he 
 had no prisoners of the Bedford Militia, whereas it appears he 
 misht have been himself deceived as to the fact of John Brown's 
 
 o 
 
 remaining in the Guard-house, as Major Monoux had given orders 
 to release him. 
 
 In regard to the eighth charge, the Court is of opinion that 
 Lieutenant Armstrong is Guilty of disobeying Colonel Moore's 
 orders, by refusing to make a report, in writing, of the evening 
 parade of the 6th of June, when ordered to do so, under the plea 
 that he had no men on the parade, his company being on guard, 
 and that under those circumstances it was not usual. 
 
 In regard to the ninth charge, it appears that Lieutenant Arm- 
 strong did disobey Major General Fisher's orders, in not actually 
 sleeping in the room assigned for the Officer of the guard at 
 Bristol, on the 12th of May, inasmuch as he did sleep in an 
 adjoining room under the same roof, having previously consulted 
 the Surgeon of the regiment respecting the then state of the 
 Officer's room, who gave his opinion that the condition of the 
 adjoining common privy rendered it unwholesome, and having 
 obtained the authority of Lieutenant Colonel Gilpin, on the same 
 account, to sleep in such other room. 
 
 And the Court feel it necessary tp remark, that it was a Gar- 
 rison guard, under Major General Fisher, who did not think it 
 necessary to notice it, though it appears the fact was stated to 
 him. 
 
 Under the above circumstances, they cannot adjudge he is 
 
182 P. Monouxt JR. Garstin, J. Alston, 
 
 Guilty of any criminal disobedience of Major General Fisher's 
 orders. 
 
 They acquit him of sleeping from the guard-room after the 
 12th of May. 
 
 As to the tenth charge, the Court find Captain Maddison Guilty 
 of neglect of duty on the Stapletoii guard, on the 14th of June, 
 1804, by neglecting to give out the parole and countersign, until 
 twelve o'clock, when it appears it ought to have been giyen out 
 at ten. 
 
 As to the eleventh charge, it does not appear to the Court 
 that it is fully proved; they therefore acquit Captain Smith; 
 and they are of opinion that this charge is frivolous. 
 
 To the charge given in by Colonel Moore against Captains 
 Maddison and Smith, for breaking their arrests during the trial, 
 and which the Court was ordered to try by Lieutenant General 
 Simcoe, commanding the district. Captains Maddison and Smith 
 pleaded Guilty. 
 
 SENTENCES. 
 
 The Court do, therefore, upon a full consideration, adjudge 
 that Major Philip Monoux be displaced from his siluation in 
 the Bedfordshire Militia. 
 
 The Court, however, think it right to state, in passing this 
 sentence, that they do not believe Major Monoux was actuated 
 by malicious motives towards Colonel Moore; and that his in- 
 temperance, however unjustifiable, arose irom impressions made 
 on his mind, on which he founded the charges signed by himself, 
 and the other prisoners, against Colonel Moore. 
 
 The Court having taken into its consideration the charges 
 against Captains Maddison and Smith, and also the subsequent 
 charge of breaking their arrests during the adjournment, toi 
 which last charge they pleaded Guilty, in obedience to the Ar- 
 ticles of War sentence them to be cashiered; 
 
 That Captain Justinian Alston be publicly reprimanded, in 
 such manner as His Majesty shall be pleased to direct; 
 
 That Captain Robert Garstin be admonished, as before stated, 
 in such manner as His Majesty shall be pleased to direct; 
 
 That Lieutenant John Armstrong be dismissed from the Bed- 
 ford Militia. 
 
C. II. Smith, C. Maddison, ^ J. Armstrong. 188 
 
 The Court feel themselves obliged to dismiss Lieutenant Arm- 
 strong ; but, in so doing, they feel it their duty to state, that the 
 principal offence, on which they formed their judgment, had been 
 passed over from the 21st of April, to the 6th of June, though 
 immediately known to Colonel Moore, and that he was put under 
 a close arrest on the 6th of June, under which he remained, with 
 a very small enlargement, until the 24th of July, (after which. 
 General Levisou Gower enlarged his arrest,) though the other 
 prisoners were not put under arrest until after that time. 
 
 The Court feel it their duty specially to report, that the con- 
 duct of the prosecutor, Colonel Moore, did appear to them un- 
 becoming the character of an OfEcer, inasmuch as he did not in- 
 form the Court, that one of his witnesses, the Serjeant Major, 
 had been Guilty of perjury, or false swearing, although he was 
 apprised of it by the said Serjeant Major, and requested by him 
 to inform the Court of the same, yet instead of so doing, he re- 
 peatedly called the Serjeant Major as a witness, without divulginw 
 the same, and afterwards when he saw the said Serjeant Majbr 
 confronted with another of his (the prosecutor's) witnesses, whose 
 testimony was in direct contradiction with that of his own, (tlie 
 said Serjeant Major) offered himself as a witness to support the 
 testimony of the said Serjeant Major, in contradiction to his 
 other witness, without acquainting the Court with the Serjeant 
 Major's former false oath. 
 
 And also when the said perjury or false swearing was proved', 
 saw the said Serjeant Major sent to the guard-house, without 
 mentioning his knowledge of it, or stating to the Court the cir- 
 cumstances, which he had been requested to do by the said Ser- 
 jeant Major ; 
 
 And the Court feel it necessary, in consequence of what Colonel 
 Moore has alleged in his reply, on the subject of the Serjeant 
 Major, viz. " I know, and it is in proof, that he applied to the 
 Adjutant for that purpose ; I know too. Sir, that on the very 
 day following, I made every effort in my power to obtain for 
 him an opportunity of explaining the evidence he had given 
 just before the Court rose, and was stopped by a well recol- 
 lected declaration, that the Court would hear no observations," — 
 to declare they do not recollect Colonel Moore ever attempted 
 
184 B. Morrris and J. Mason. 
 
 to make such explanation, and that they never prevented him 
 from giving m any thing in writing that he thought necessary. 
 
 On the contrary, they conceived themselves obligated, from 
 the Judge Advocate General's letter, communicated by his depu- 
 ty, to receive and put on their minutes such papers as Colonel 
 Moore required them to do, which they repeatedly made known 
 to Colonel Moore. 
 
 The perpetual observations with which he interrupted their 
 proceedings, and the misconceptions which frequently attended 
 his words, obliged them to have recourse to the mode of receiv- 
 ing communications from him in writing. 
 
 In answer to Colonel Moore's insinuation in his reply, respec- 
 ting the Minutes of the Court being loaded by the admission of 
 evidence foreign to the charge against the prisoners, and which 
 tended only to criminate himself; — The Court think it necessary 
 to state, that it appeared to them that the nature of the charges 
 made against the prisoners for propagating false reports respect- 
 ing Colonel Moore, and also for bringing a variety of charges 
 against Colonel Moore, erroneous, exaggerated and unfounded 
 in the Statement made to Major General Fisher, did necessarily 
 oblige them to allow the prisoners to prove to what extent they 
 were, or were not, erroneous, exaggerated, and unfounded ; 
 
 And that such evidence was permitted only for the purpose of 
 proving they were not so, and not with any view of criminating 
 Colonel Moore, whatever their coi;isequences might be. 
 
 It also appears to the Court that the minutes have been loaded, 
 and the trial protracted to such an unusual length, principally 
 from Colonel Moore's own questions, observations and proceed- 
 ings ; but, at the same time, the Court think it necessary to state, 
 that their opinion of the papers given in by the prisoners is al- 
 ready on their minutes. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
 LIEUTENANT BRABAZON MORRIS, and 
 QUARTER MASTER J. MASON.— 1805. 
 
 G. O. Horse Guards, 28 Feb. 1805, 
 
 The following copy of a Letter from the Judge Advocate 
 
B. Morris and J. Mason. 185 
 
 General, with the Opinion and Sentence of the General Court 
 Martial to which it refers, is to be read at the head of every 
 regiment, and entered in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 15 Feb. 1805. 
 SIR, 
 
 I esteem it my duty to acquaint your Royal Highness 
 with the result of two General Courts Martial, holden at Lime- 
 rick, upon the trials of Lieutenant Brabazon Morris, and Quar- 
 ter Master James Mason, both of the Royal Meath Regiment of 
 Militia, which I cannot do more clearly, than by sending your 
 Royal Highness a copy of my letter signifying His Majesty's 
 pleasure thereon to Lieutenant General Lord Cathcart, or OflScer 
 commanding His Majesty's forces in Ireland. 
 
 I have, &.C, 
 
 CHARLES MORGAN 
 H. R. H. the Duke of York, Src. S^c. SfC. 
 
 Judge Advocate General's Office, 15 Feb. 1805. 
 MY LORD, 
 
 I have had the honour of laying before the King the 
 
 proceedings of a General Court Martial, held at Limerick, on the 
 
 10th December last, and on subsequent days, upon the trial of 
 
 Lieutenant Brabazon Morris, of the Royal Meath Regiment of 
 
 Militia, and also the proceedings of a General Court Martial held 
 
 there on the 15th of the same month, and subsequent days, for 
 
 the trial of Quarter Master James Mason, of the same regiment ; 
 
 each of which Officers was found Guilty of having made use of 
 
 expressions of scandalous and ungentlemanlike nature, towards 
 
 the other, in contempt of the Articles of War, and each of them 
 
 was therefore adjudged to be discharged His Majesty's service; 
 
 but in consideration of their general good character, they were 
 
 severally recommended to His Majesty's mercy ; 
 
 And I have received His Majesty's commands to acquaint your 
 
 Lordship that, notwithstanding the strong recommendation of the 
 
 Court Martial, His Majesty, adverting to the most gross and 
 
186 jB. Morris and J. Mason. 
 
 opprobrious language used by those Officers towards each other, 
 publicly in the field of exercise, and in presence of the private 
 soldiers of the regiment, as well as of a large assemblage of peo- 
 ple from the country, there collected, whereby they have so far 
 disgraced themselves as completely to enervate theu- authority as 
 Officers in the corps, has deemed it indispensably necessary to 
 confirm the sentences against the said Lieutenant Brabazon Mor- 
 ris, and Quarter Master James Mason respectively. 
 
 For the sake of more certainty, I have annexed hefeto correct 
 transcripts of the opinion of the said Courts Martial. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 Bight Hon. Lieutenant General Lord Cathcarl, ^c. SfC. SfC. 
 
 or Officer Commanding His Majesty's forces in Ireland. 
 
 OPINION and SENTENCE 
 Of a General Court Martial, held at Limerick, on the 10th of 
 December, 1804, and on subsequent days, for the trial of 
 Lieutenant Brabazon Morris, of the Royal Meath Regi- 
 ment of Militia. 
 
 SENTENCE. 
 
 The Court, having taken into their consideration the evidence 
 laid before them, in support of the prosecution, as also what was 
 oflfered by the prisoner in his defence, find that Lieutenant Bra- 
 bazon Morris, of the Royal Meath Regiment, is Not Guilty of in- 
 famous conduct; but do find him Guilty of having made use of 
 expressions of a scandalous and ungentlemanly nature, being a 
 breach of the Articles of War, and do therefore adjudge him to 
 be discharged His Majesties service. 
 
 But the Court, having also taken into their consideration the 
 very extenuating circumstances which have appeared on the trial, 
 with the high character given of the prisoner, Lieutenant Morris, 
 as an Officer and a Gentleman, by Lieutenant Colonel Pepper, 
 as well as by the Officers of the Royal Meath Regiment of Mi- 
 litia, do unanimously, and in the strongest manner, most humbly 
 beg leave to recommend the prisoner, Lieutenant Brabazon Mor- 
 ris, to His Majesty's mercy. 
 
 CHARLES MORGAN. 
 
tV. R. Jones. 187 
 
 OPINION and SENTENCE 
 Of a General Court Martial, held at Limerick, on the 15th of De- 
 cember, 1804, and on subsequent days, for the trial of Quar- 
 ter Master James Mason, of the Royal Meath Regiment of 
 Militia. 
 
 SENTENCE. 
 The Court, having taken into their consideration the evidence 
 laid before them in support of the prosecution, as also what was 
 offered by the prisoner in his defence, find that the prisoner Quar- 
 ter Master James Mason, of the Royal Meath Regiment of 
 Militia, is Not Guilty of infamous conduct, but do find him 
 Guilty of scandalous and ungentlemanlike conduct, being a breach 
 of the Articles of War, and do therefore adjudge him to be dis- 
 charged from His Majesty's service ; 
 
 But humbly hope, His Majesty will be graciously pleased to 
 take his length of service and former good conduct into His 
 Royal consideration. 
 
 CHARLES MORGAN. 
 
 LIEUT. WATKIN ROBERT JONES.— 1805. 
 
 G. O. Horse Guards, 28 Feb. 1805. 
 
 The following copy of a Letter from the Judge Advocate Ge- 
 neral is to be read at the head of every regiment, and entered in 
 the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 16 Feb. ISOA. 
 SIR, 
 
 I have had the honour of laying before the King the 
 
 proceedings of a General Court Martial, held at Plymouth Dock, 
 on the 2d of last month, and subsequent days, for the trial of 
 Lieutenant Watkin Robert Jones, of the Royal Montgomery- 
 shire Regiment of Militia upon the following charges preferred 
 against him by Major John Davies of the same regiment, viz. 
 
 1st. Neglect of duty and disobedience of orders in not examining 
 the accounts of the company which he commanded in the absence of his 
 Captain, and refusing at different times to sign the usual certificates in 
 
188 J. James. 
 
 the pay lists, specifying that the money had been actually received for 
 and paid to the men as therein stated, in contempt and defiance of His 
 Majesty's express instructions to him Lieutenant Jones, and all other 
 Officers commanding companies, particularly directed. 
 
 2. Scandalous and infamous behaviour, unbecoming the character 
 of an Officer and a Gentleman, in the following instances ; 
 
 1. ' In reporting to Lieutenant General England, commanding at Ply- 
 mouth, that Major Davies had acted in an arbitrary and unjust manner, 
 by trMisferring him. Lieutenant Jones, from one company to another 
 without sufficient cause. 
 
 2. ' In making a false and malicious report to Lieutenant General 
 England, accusing Major Davies of dishonesty and arbitrary conduct in 
 having turned him. Lieutenant Jones, out of barracks, and putting his 
 servant in his room, whereby Government was defrauded and put to the 
 expense of paying lodging money in order to accommodate such servant. 
 
 3. ' Acting in a manner unbecoming an Officer in making complaints 
 and stating grievances to Lieutenant General England, vrithout having 
 previously applied to his Commanding Officer for redress.' 
 
 And am to acquaint your Royal Highness that His Majesty 
 has been pleased to approve the opinion of the Court Martial, 
 whereby he, the said Lieutenant Robert Watkin Jones, -is declared 
 to be Not Guilty of either of the charges preferred against hira, 
 and is therefore acquitted, which I have notified to Lieutenant 
 General England, Lieutenant Governor of Plymouth and its de- 
 pendencies, under whose order the Court Martial was held. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 H. R. H. the Duke of York, SfC. Sfc. Sfc. 
 
 N. B. Lieutenant Jones continued in the regiment until 1807. — 
 Major Davies is now Lieutenant Colonel Commandant of the 
 Montgomeryshire Militia. — Editor. 
 
 LIEUTENANT JOHN JAMES.— 1805. 
 
 G. O. Horse Guards, 20 AprU, 1805. 
 
 It is his Royal Highness the Commander in Chief's pleasure 
 that the following copy of the Charge preferred against Lieute- 
 nant John James, of the 2d Derbyshire Regiment of Militia, be- 
 fore a General Court Martial, held at Newcastle, on the 14th 
 of March last, and subsequent days, together with the opinion and 
 sentence of the Court Martial thereupon, which has received His 
 
A. C. Johnstone. 189 
 
 Majesty's approbation, shall be read at the head of eV6ty regiment 
 and entered in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CHARGE. 
 
 ' For having been drunk on the Tumbril Guard, at Newcastle, on the 
 18th day of February last.' 
 
 OPINION and SENTENCE. 
 The Court having considered the evidence against the prisoner 
 together with his defence, are of opinion that the said Lieutenant 
 John James is Guilty of the charge above recited, and do adjudge 
 him to be cashiered. 
 
 ANDREW COCHRANE JOHNSTONE.— 1805. 
 
 G. O. Horse Guards, 1 May, 1805. 
 
 The following copy of a Letter from the Judge Advocate Ge- 
 neral is to be read at the head of every regiment, and entered in 
 the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 12 April, 1805, 
 SIR, 
 
 I have had the honour of laying before the King the 
 proceedings of a General Court Martial, held at the Royal 
 Hospital at Chelsea, on the first, and continued by adjourn- 
 ments till the 25th day of March last, for the trial of the Honour- 
 able Andrew Cochrane Johnstone, Colonel of the late 8th West 
 India Regiment ; the several charges against whom (preferred by 
 Major John Gordon, late of the same regiment) together with 
 the opinion of the Court Martial upon each charge, are as follows. 
 
 CHARGES 
 
 1st. ' Having, contrary to his duty and to the great injury of the ser- 
 vice, in or about the month of October, 1801, when he knew that the 
 accounts of the regiment were in confusion, clandestinely obtained for 
 his own use from Richard Steward, Paymaster of the 8th West India 
 Regiment, by bill drawn upon the Agent of the corps, and by him 
 
190 A. C. Johnstone- 
 
 charrad to the Paymaster's Regimental account, the sum of £500 ster- 
 ling, being money due by Government to the corps, under the false pre- 
 tence that he would write to the agent, immediately, to place the same to 
 hi& own private account, and that it- should not in any manner affect the 
 accounts or credit of the Paymaster with the agent or public ; and having 
 afterwards falsely promised, to the Commanding Officer, to transfer his 
 pay as Colonel, to the Paymaster, to liquidate the above sum of £500 ; 
 none of which engagements he performed, whereby the confusion of the 
 accounts was increased and the Paymaster was deprived of the means of 
 regularly paying the regiment, the accounts of the men were unsettled, 
 and, as would appear, discontent was excited in the corps : and having, 
 in or about the months of March or Apidl, 1802, when he knew that the 
 Paymaster was in arrear to the regiment, directed above £140 to be 
 stopped from the Paymaster out .of the subsistence due to _0ie regiment, 
 under the false pretence that the same was justly due to him, whereby 
 the difficulty of paying the regiment was increased, contrary to his duty, 
 and to the injury of the regiment and service. 
 
 2d. ' Having, contrary to his duty, and to the prejudice of the service, 
 at times between the month of July, 1801, and the end of April, 1802, 
 suffered the resident Paymasters who were his Secretaries, unwarrantably 
 to retain, or neglect to issue regularly and agreeable to General Orders 
 a part of the subsistence of the troops, under pretence that the same was 
 not received from the Deputy Paymaster General, and in particulai- 
 having suffered resident Paymaster Charles Kerr, who was his Secre- 
 tary, to retain, or unwaiTantably to neglect to issue under the above false 
 pretence in the months of March and April, ] 802, immediately preced- 
 ing the mutiny of the 8th West India Regiment^ sums of money due on 
 account of subsistence to that corps to the amount of about £1000 
 sterling, being nearly equal to two months pay of the regiment, whereby 
 the men's balances were unpaid, and, as woiild appear, discontent and mu- 
 tiny were excited among them ; it further appears that Colonel Andrew 
 Cochrane Johnstone asserted, both in word and writing, a falsehood, un- 
 becoming his rank and the character of an Officer, to vindicate Mr. 
 Kerr's conduct in not issuing the money due to the regiment. 
 
 3d. ' Having employed or directed to employ soldiers of the 8th West 
 India Regiment in manual labour, on his own lands and on other works, 
 and neither paid nor directed thetn to be paid for their labour, contrary 
 to his duty and to the injury of the service ; in particular having re- 
 peatedly so employed and not paid for their labour a considerable part of 
 a detachment of the recruits belonging to" the 8th West India Regiment, 
 consisting of about seventy or eighty men, while quartered at Roseau, 
 the residence of Colonel Andrew Cochrane Johnstone, for some months 
 immediately preceding the month of September, 180-1, and having, al- 
 though under his immediate inspection, totally neglected to have them in- 
 structed and trained to discipline, as his duty and the good of the service 
 required, and having, in the month of March and April, 1802, immedi- 
 ately preceding the mutiny in the 8th West India Regiment, directed 
 the regiment to be employed in cutting wood and clearing some swampy 
 ground in the neighbourhood of Prince Ruperts, in the Island of- Do- 
 minica, with the view, as would appear, to convert the same to his own 
 
A. C. Johnstone. 191 
 
 use, and having neither paid the men nor directed them to he paid for 
 their labour, to the great injury of the service, as thereby it appears dis- 
 content and mutiny were excited in the regiment. 
 
 4th. ' Having, in direct opposition to his duty as Commanding Officer 
 of the troops in Dominica, availed himself of his miUtary povcer to vio- 
 late the lavrs, and to infringe the rights and liberty of the subject, be- 
 tween the month of August, 1801, and the end of July, 1802; in par- 
 ticular, having, in violation of law and of the rights of the subject, on 
 or about the 14th day of December, 1801, caused James Ryrie, a civil 
 inhabitant of the island of Dominique, to be UlegaUy arrested by an 
 armed military detachment, and to be confined in a military fort and 
 guard-house, and having suffered the said James Ryrie to be insulted, 
 beaten, and maltreated by persons under his immediate influence and 
 command, without taking steps to prevent the same, or to discover and 
 bring to justice the authors of such outrages, or the person or persons 
 who employed them : and having further, in opposition to his duty as 
 Commanding Officer, as aforesaid, and in violation of the laws and the 
 liberty of the subject, in or about the month of July, 1802, authorized or 
 permitted his own menial servant, in his presence, to insult and threaten, 
 with a pistol, Mr. Etienne La Caze, residing in the island of Dominique, 
 and formerly a Lieutenant in the Loyal Dominique Regiment, and au- 
 thorizing or permitting his said servant forcibly to drag the said Etienne 
 La Caze to Fort Young, and to deliver him, illegally, a prisoner to the 
 guard, and to have him there confined, and a centinel with a drawn bay- 
 onet, placed over him ; those instances affording proof of abuse of mi- 
 litary authority, and of conduct unbecoming an Officer and a Gentleman,' 
 
 OPINION o/<Ae COURT MARTIAL. 
 
 The Court Martial having weighed the whole of the evidence 
 adduced by the Prosecutor, Major Gordon, and that brought for- 
 ward by the Hon. Andrew Cochrane Johustone in his defence, is of 
 opinion, that the cfoOO bill mentioned in the first charge was not 
 clandestinely obtained by Colonel Johnstone, and that it doth not 
 appear that His Majesty's service or the good of the regiment 
 was in any degree injured by that transaction ; and, therefore, the 
 Court doth honourably acquit him of.the former part of the first 
 charge. 
 
 With regard to the second part of the first charge, viz. directing 
 ^140 to be stopped from the Paymaster, out of the subsistence 
 due to the regiment, the Couri is of opinion, that no blame what- 
 ever attaches to Colonel Johnstone in this transaction ; and they, 
 therefore, also honourably acquit him of the same. 
 
 With regard to the first part of the second charge, tlie Court 
 is of opinion, that it hath not been proved ; and therefore acquits 
 Colonel Johnstone of the same. 
 
192 Ji. C. Johnstone. 
 
 And with regard to the second part of the second charge, viz; 
 the having asserted a falsehood, unbecoming his rank and the 
 character of an Officer, the Court doth most honourably acquit 
 him. 
 
 With regard to the first part of the third charge, it appearing 
 that the offence set forth therein took place (if at all) above three 
 years prior to the date of His Majesty's warrant for holding this 
 Court Martial, the Court is of opinion, it hath no power to take 
 cognizance of the same. 
 
 With respect to the second part of the third charge, the Court 
 sees no reason whatever to believe that Colonel Johnstone had 
 any intention to derive individual benefit by the labour of the men 
 from working in the swamp ; and they, therefore, acquit him 
 of this charge, although they cannot approve his having ordered 
 the work on the swamp, under all the circumstances of the case. 
 With respect to the fourth charge, the Court is of opinion, 
 that it is not substantiated ; and therefore acquit him accordingly. 
 And I am to acquaint your Royal Highness that His Majesty 
 has approved the decision of the Court Martial upon the several 
 points brought under their consideration. 
 
 In regard to that article of charge which imputes to Colonel 
 Cochrane Johnstone having, in the months of March and April, 
 1802, (a period within the cognizance of the Court Martial) era-r 
 ployed soldiers of the 8th West India Regiment in work, tovvards 
 clearing the swamp, without paying them or directing them to be 
 paid for their labour. His Majesty perceived, with satisfaction^ 
 that the evidence has not furnished any reason to suppose that he 
 derived or had in prospect any individual advantage, as the Pro:- 
 secutor had, by his charge, suggested. His Majesty, however, 
 expressed much disapprobation of the soldiers' having been so 
 employed and unpaid ; more especially as Colonel Cochrane 
 Johnstone acted therein upon his own sole authority, and without 
 the assent or privity of General Sir Thomas Trigge, who com- 
 manded in Chief, and whose sanction it was his duty to have ob- 
 tained before any such measure was taken. 
 
 Your Royal Highness will be pleased to give directions for 
 Colonel Cochrane Johnstone being forthwith released from his 
 
J. Blahe. 193 
 
 arrest, and cause it to be notified in Orders that the Court Mar- 
 tial is dissolved. 
 
 CHARLES MORGAN. 
 
 H. R. H. tJie Duke of York, Spc. SfC. 8fC. 
 
 N. B. Colonel the Hon. Cochrane Johnstone resigned his Com- 
 mission in the Army in 1805. 
 
 LIEUTENANT JAMES BLAKE.— 1805. 
 
 G. O. Horse Guards, 6 July, 1805. 
 
 It is his Royal Highness the Commander in Chief's pleasure 
 that the following copy of the Charges preferred against Lieute- 
 nant James Blake, late of the 2d Battalion of the 44th Regiment 
 of Foot, and subsequently on the half-pay of the York Rangers, 
 before a General Court Martial, held in the Island of Guernsey, 
 on theSOth of May, 1805, and continued by adjournments till 
 the 11 th of June following, together with the Opinion and Sen- 
 tence of the Court Martial thereupon, which has received His 
 Majesty's approbation, shall be read at the head of every regi- 
 ment, and entered in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CHARGES. 
 
 ' 1st. Entering the mess-room of the detachment at Homnette, in the 
 Island of Guernsey, on the evening of the 11th of May, 1805, (which 
 mess-room he had previously been forbid) and for using disrespectful, 
 insulting, and threatening language to Captain J. C. Carter, the Com- 
 manding Officer of said detachment, so far as calling him a jack-ass and 
 a fool, mimicking him, and swearing that, were it not for his (Captain 
 Carter's) indisposition, and the yard and half of cloth he wore, he would 
 make a thorough example of him, which he would take care to do before 
 he left this.- 
 
 2d. Disobedience of Orders, in refusing to be put under arrest by the 
 said Captain Cai-ter, the Commanding Officer of his detachment, so far 
 as swearing he would be damned if he would go to his room, by his or- 
 der, and that he might report him to the devil if he Uked. 
 ' 3d. Breaking his areest, by absenting himself from his room, between 
 tlie hours of seven and eight, on the evening of the said 11 th of May, 
 and)-not returning till eleven o'clock on the morning of the 12th. 
 
 o 
 
194 H.Stmit6n. 
 
 4tt. Using thveatening', menacing, and insulting language to liiente. 
 nant H. F. Greenshield, of the said regiment, the oificer on duty at ^a^^! 
 nettey when sent by Captain Carter to repeat that it was not only Cap- 
 tain Carter's but Lieutenant Colonel Gordon's Order, that he. Lieutenant 
 Blake, should consider himself Under arrest, so far as swearing that hej 
 Lieutenant H. F. Greenshield was a damned rascal, and that he would 
 make an example of Captain Carter and him, and would most ^ert^nly 
 drive a ball through some of them : all and every one of which charges 
 being unbecoming the character of an Officer and a Gentleman, and in 
 high contempt and defiance of good order and military discipline. 
 
 OPINION and SENTENCE. 
 
 1 sf Charge. The Court, having duly and attentively examined 
 t]bje. whole ojf the evidence produced on the first charge, also what 
 the prosecutor and prisoner have alleged thereon, find him Guilty 
 of the sa;id first charge. 
 
 Sd Charge. The Court, haying also fully investigated the whole 
 of the second charge, find him Guilty of the said second charge, 
 
 34 Charge. Th^ Couf t having also maturely weighed and con- 
 3i4ei;e4 the whole of what has agpjeared on the third charge, fin^ 
 the prison^ Guilty of the said thjrd charge. 
 
 4th Charge. The Court having fully weighed and considered 
 the whole of the evidence on the fourth charge, and what has 
 been alleged on the said fourth charge, find the prisoner Guilty 
 of the s%id charge. 
 
 Tj'^e Court having found the prisoner. Lieutenant James Blake, 
 Guilty of the four different charges exhibited against him, sen- 
 tence him, the said Lieutenant James Bl^li^e, to be cashiered. 
 
 CHARLES MORGAN. 
 
 ENSIGN HENRY STANTON.— 1805. 
 
 G. O. Horse Guards, 25 Sept. 1805. 
 
 It is His Royal Highness the Commander in Chief's Order, that 
 the following copy of a Letter, received from the Judge Advocate 
 General, together with the annexed charges preferred against En- 
 sign Henry Stanton, of the 2d Battalion of the Sth (or the King's) 
 Regiment of Foot, before a Court Martial, held at Doncaster on 
 the 14th. of August, 1805, and on several subsequent days, to- 
 giether with the Opinion and Sentence of the Court Mattial- 
 
H. Stanton. 193 
 
 thereon, shall be read at the head of every regiment, and entered 
 in the regimental order books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adjt. Gen.. 
 
 Judge Advocate Generals Office, 14 Smt. 1805. 
 SIR, 
 
 I esteem it my duty to acquaint your Royal Highness 
 with the result of a General Court Martial, holdeu at Doncaster, 
 on the 14th of August last, and on several subsequent days, for 
 the trial of Ensign Henry Stanton, of the 2d Battalion of the 8th 
 (or the King's) Regiment of Foot, which I cannot do more clearly 
 than by sending your Royal Highness a copy of my Letter, sig- 
 nifying His Majesty's pleasure thereon, to Lieutenant General 
 Vyse, or Officer commanding His Majesty's forces in the York- 
 shire District. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
 H. R. U. the Duke of York, S/'c. ^c. SfC. 
 
 Judge Advocate General's Office, 14 Sept. 1805. 
 
 SIR, 
 
 I have now had the honour of submitting to the King 
 the proceedings of a General Court Martial, holden at Doncaster, 
 on the 14th of August last, and on several subsequent days, for 
 the trial of Ensign Henry Stanton, of the 2d Battalion of the 8th 
 (or King's) Regiment of Foot ; the charges against whom, as 
 preferred by Lieutenant Colonel Young, commanding the bat- 
 talion, together with the decision of the Court Martial upon each 
 article of charge, are set forth in the schedule hereunto annexed : 
 and am to ajcquaint you that His Majesty, upon consideration of 
 the whole matter, has thought fit to confirm the Sentence of the 
 Court Martial, whereby the said Ensign Henry Stanton is ad- 
 judged to be cashiered. 
 
 His Majesty, noticing the observations which the Court Mar- 
 tial have subjoined to their sentence, and which are also set forth 
 in the annexed schedule, was pleased to express an assent to 
 their remark upon the singularity of Lieutenant Colonel Young's 
 oi'der, the disobedience whereof is imputed to Ensign Stanton, 
 namely, an order forbidding him to appear in his Regimental 
 
 o '2 
 
196 H. Stanton. 
 
 Clothes during his arrest. Upon the point which respects Assis- 
 tant Surgeon Brown, His Majesty expressed much regret tha^ 
 he (the said Assistant Surgeon) should in any instance have sub- 
 jected, hirnself to the severe censure which the general observa- 
 tion conveys; but His Majesty at the same time remarked, that 
 the Court Martial, impressed with such sense of his conduct, 
 ought to have specified in direct terms, and in a manner which 
 might have been acted upon, those parts of the Assistant Surgeon's 
 behaviour which drew from them so pointed an animadversion. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 Lieuteaant General Vyse, or 
 Officer Commanding His Majesty's Forces in the Yorkshire District. 
 
 COPY 0/ the CHARGES 
 
 Exhibited against Ensign Henry Stanton of the 2d Battalion of 
 the 8th (or the King's) Regiment of Foot, at a General 
 Court Martial held at Doncaster, on the 14th of August, 
 1805, and on several subsequent days; together with the 
 opinion and sentence of the said Court Martial. 
 
 CHARGES 
 
 Isl. Threatening to post Ensign Lloyd in the public bilUard-room, 
 on the 2fl of May last, at Doncaster ; shaking his stick at him in a me- 
 nacing manner, and desiring him to consider it as a horsewhipping; 
 being higlJy to the prejudice of good order and military discipline. 
 
 2d. Repeatedly walking about the streets, at Doncaster, dressed con- 
 trary to the positive orders of his Commanding Officer, communicated 
 to him by the Adjutant of the Regiment. 
 
 3d. Acting on the 4th of June last, in contempt of an arrest im- 
 posed upon him, and of the positive orders of his Commanding Officer, 
 communicated to him by the Adjutant of the regiment, viz. by going 
 and dancing at the Bdl, given by the Mayor of Doncaster on that night, 
 and by disturbing the amusement of tlie room, and making use of inso- 
 lent and disrespectful language against his Commanding Officer, when 
 ordered by him to leave the assembly room. 
 
 4th. Behaving in a manner unbecoming the character of an Officer, 
 after leaving the assembly (on the occasion above stated) by waiting 
 in the card-room until the company began to retire, following the Sm-- 
 geon of the regiment, returning home with his wife, and wantonly and 
 grossly insulting him in the public streets ; returning after this trans- 
 action-to-the Mansion-house and publicly insulting i!he corps, and chal- 
 lenging some of the -Officers to fight him with fists. 
 
H.Stanton. 197 
 
 OPINION and SENTENCE. 
 
 The Court having duly and maturely weighed the evidence for 
 and against the prisoner, upon the first charge, are of opinion the 
 prisoner is Guilty of the crime laid to his charge. 
 
 And the Court having duly and maturely weighed the evidence 
 for and against the prisoner, upon the second charge, are of 
 opinion that the prisoner is Guilty of the crime laid to his charge. 
 
 And the Court having duly and maturely weighed the evidence 
 for and agauist the prisoner, upon the third charge, are of opinion 
 the prisoner is Guilty of the crime laid to his charge. 
 
 And the Court is further of opinion that the prisoner is Guilty 
 of the first part of the fourth charge, in respect as he remained 
 in the card-room in disobedience to the orders of his Command-." 
 iug Officer ; but the Court is of opinion that the prisoner is not 
 Guilty of the second part of the charge, namely, following Sur- 
 geon Brown and his wife, returning home, and grossly and wan- 
 tonly insulting them in the public' street : and the Court is fur- 
 ther of opinion on the third part of the said charge, namely, re- 
 turning to the Mansion-house, being contrary to the orders of 
 his Commanding Officer, that the prisoner is Guilty of that part 
 of the charge ; but that he is Not Guilty of publicly insulting the 
 corps, and challenging some of the Officers to fight with fists, 
 
 SENTENCE. 
 
 The Court does, therefore, in consideration of having found the 
 prisoner Guilty of the 1st, 2d and 3d charges, and the first and 
 third part of the fourth charge, being in breach of the Articles of 
 War, adjudge the prisoner to be cashiered. 
 
 The Court, before it finally closed its proceedings, thought it 
 necessary to remark upon som? circumstances that came forward 
 in the course of the trial, namely, upon the extraordinary circum- 
 stance of the prisoner being ordered to wear his coloured clothes, 
 while an Officer under arrest in the 8th Regiment, and in the 
 quarters of the said regiment, on which the crime specified in the 
 second charge is founded : and thought it also necessary to no-, 
 tice the unjustifiable conduct of Assistant Surgeon, Brown, in 
 regard to the prisoner, as it appeared in evidence. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
■, ; (. 198 ) 
 
 PAYMASTER SAMUEL SHRIGLEY.— 1805. 
 
 G. O. Horse Gvartk, 8 N«e. i 605, 
 
 The following copy of a Letter from the Judge Advocate 
 General is to be read at the head of every regiment, and entered 
 in the orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 4 Nov. 1805, 
 
 SIR, 
 
 I have had the honour of submitting to the King the 
 proceedings of a General Court Martial, holden at Dover, on the 
 ^ 1st of October last, upon the trial of Samuel Shrigley, Esq, 
 Paymaster of the 13th Regiment of Light Dragoons, who was 
 found Guilty of * having embezzled or misapplied the sum of 
 ^2534 : OS. 10|d., entrusted to him for regimental purposes be' 
 tween the 24th day of December, 1804, and the 13th day of July 
 following ;' and also of ' having embezzled or misapplied, the fur* 
 ther sum of ^21 1 : lOs. 7id., being the amount of different sums 
 of money entrusted to him for regimental purposes;' and was ia 
 consequence adjiitdged to make good the said several sums of 
 ,£2534 : 5s. lOid. and ,£211 : 10s. 7id,, and was, moreover, ad^ 
 judged to be dimissedfrom His Majesty's service. 
 
 I am to acquaint your Royal Highness, that His Majesty has 
 thought fit fully to confirm the said adjudication, which I have 
 notified to General Sir David Dundas, commanding His Majesty's 
 forces in the Southern District, under whose orders the Court 
 Martial was held, 
 
 I have, ?tc. 
 
 CHARLES MORGAN. 
 
 H. R. H. tht Dvtke of York, ^c. ^c. 4-c. 
 
 COLONEL SIR JOHN EAMER.— 1805. 
 
 G. O, Horse Guards, 14 Dec. 1805, 
 
 It is His Royal Highness the Commander in Chief's command 
 
 t^at the fbllowing copy of a Letter from the Judge Advocate 
 
J. Earner. 192 
 
 General, with the annexed charges preferred against Colonel Sir 
 John Earner, of the Royal East London Regiment of Militia> 
 before a General Court Martial, holden at Chelsea, on the 8th, 
 and continued by adjournments until the 27th of November» 
 1805, and the opinion of the Court Martial, together with His 
 Majesty's pleasure thereon, expressed at the conclusion of the 
 sentence awarded by the Court, shall be read at the head of every 
 regiment, and entered in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 12 Dec. 1805, 
 
 SIR, 
 
 Having had the honour of laying before the King the 
 proceedings of a General Court Martial,' holden at the Royal Hos- 
 pital, Chelsea, on the 8th day, and continued by adjournments 
 until the 27th of last manth, for the trial of Sir John Earner, 
 Colonel of the Royal East London Regiment of Militia, upon 
 sundry chaises preferred by Captain William Ayres of the same 
 regiment, which charges are recited in the decision of the Court 
 Martial. 
 
 I am to acquaint your Royal Highness that His Majesty has 
 
 entirely approved of the opinion of the Court Martial upon every 
 
 point as expressed in the annexed Copy thereof, and which, as the 
 
 peculiarity of the case has excited much public attention. His 
 
 Majesty thinks fit to be promulgated in General Orders. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 H. R. H. the Duke of York, Sj-c. 4-c. Sfc 
 
 OPINION 
 
 Of a General Court Martial, held at the Royal Hospital, atChel-. 
 sea, oh Friday this 8th, and continued by adjournments till 
 Wednesday the 27th of November, 1805, upon die trial Of 
 Sir John Earner, Colonel of the Royal East London Regi- 
 ment of Militia, in which opinion the several charges pre- 
 ferred against him by Captain William Ayres, of the same 
 Regiment, are recited. 
 The Court Martial having duly weighed the evidence adduced 
 
 upon each point, and attended to the observations offered. 
 
200 J. Earner. 
 
 as well on the part of the prosecutor, as the defendant, is of 
 opinion, 
 
 With regard to the 1st Charge, viz. f 
 
 1st. • Gross aad scandalous misrepresentation of the conduct ofCap-r 
 tain William Ayres, to Major General the Earl of Banbury, on the morn- 
 ing of the 21st of June, in the Artillery Ground, and subsequently prefen- 
 ing the following false and unfounded charges, viz. 
 
 "For unbecoming, insubordinate, and unoflScerlike conduct to his 
 Colonel, Sir John Earner, in the front of the Battahon, while under 
 arms, in the Artillery Ground, London, on -Friday the 2 1 st of June, 1 805 , 
 and thereby acting in a manner "unbecoming the character of an Officer 
 and a Gentleman." 
 
 That Colonel Sir John Earner is Not Guilty, and does therefore 
 honourably acquit him. 
 
 With respect to the 2d Charge, in which is comprised Three 
 Articles, viz. 
 
 Article 1st. ' Cruelty and oppression in compelling the sick, indiscri- 
 minately, to attend every parade of the regiment on the Artillery Ground, 
 London, in the rear of their companies and the regiment, in the months 
 of May and June, 1805, and detaining them on the damp ground, on or 
 about the 10th, 15th and 21st of June, 1805, to the injury of the service,. 
 and Francis Reilley of the 4th Company in pai-ticular. 
 
 Article 2d. ' Taking money for the discharge of John Salter, of the 
 8th Company, on or about the 15th of March, 1805, although the Sur- 
 geon had reported him unfit for service, on or about the same day, and in 
 the months of September and October preceding. 
 
 Article 3d. 'In ordering on the 24th of May, 1805, in the Artillery 
 Ground, London, John Elms of the 3d Company, and Joel Johnstone,' 
 of the 4th Company to do duty, although the Surgeon had reported them 
 to him as unfit for service on that day, and likewise had done so on or 
 about the months of November, December and February preceding.' 
 
 The Court is of opinion that the imputation, in the first article, 
 of cruelty and oppression in regard to Francis Reilly, is totally 
 unfounded and malicious ; and upon the whole of the said three 
 articles does most fiiUy and most honourably acquit Colonel Sir 
 John Eamer. 
 
 As to the 3d Charge which comprehends five articles, viz. 
 " Gross and ungentlemanly language in various instances to his Officers, 
 in the front of the men, thereby lessening their consequence, highly in- 
 jurious to the public service, and subversive of military discipline. 
 
 Article 1st. ' In his address to Mr. Topper, the Surgeon, in Hackney- 
 fields, on the 1st of July, 1805, in the following words, viz. — God damn 
 you, I have a great mind to put you under arrest ; God damn you. Sir, 
 you are so stupid, I would not trust you to do any thing for me on any 
 account. You are ignorant and foolish. 
 Article 2d. ' In his address to Captain Benwell, in Greenwich-paik, 
 
J. Earner. 201 
 
 the 26th November, 1804, in the following words, viz. Damn you — hold 
 your prating. 
 
 Article 3d. ' In his address to Lieutenant Rigby, in Hackney-fields, 
 on or about the 11th July, 1804, in the foUowing words, viz. God 
 damn you — get out. 
 
 Article 4th. ' In his address to Captain Deans, in Butt-lane, Dept- 
 ford, on or about Januaiy, 1804, in the following words, viz. Hold 
 yourjaw. 
 
 Article 5th. ' In his address to Captain Turner, whUe on duty in 
 His Majesty's Dock-yard, Deptford, on or about the 14th January, 1804, 
 in the following words, viz. God damn you, Thave a great mind to put 
 you under an arrest ; Captain Turner was at the time at the head of his 
 guard, then under arms, and in the act of paying a proper compliment 
 to the Colonel.' 
 
 The Court finds, although Colonel Sir John Earner has, in 
 most of the instances stated in this charge, made use of language 
 improper, and not, upon reflection, justifiable, that his conduct 
 does not, in the opinion of the Court, warrant the terms stated 
 in the charge, namely, ' highly injurious to the public service, 
 and subversive of military discipline,' and does acquit him. 
 
 The Court, considering the distant dates of some of the articles, 
 and that such ah apology was made by Sir John Earner, when 
 desired, as was at the time considered satisfactory, thinks these 
 articles of charge ought not to have been preferred ; at the same 
 time, the Court considers it right to caution Sir John Earner to 
 be more guarded in future in his language towards the Officers 
 of his regiment. 
 
 With regard to the 4th Charge, viz. 
 
 ' Insulting and ungentleraanly language, addressed to Mr. Tupper, the 
 Surgeon, in the orderly room, in Bunhill-row, Moorfields, London, on 
 or about the 14th of April, 1 805, in the following words, viz.. " I have, 
 a great mind to order you under an arrest : don't you think I know you ? 
 I know what you are — A man so dependent on the regiment, with a 
 wife and family, with such a scanty pittance, not to ingi-atiate yourself 
 into the favour of your Colonel ! " 
 
 The Coui't is of opinion that Colonel Sir John Eamer is Not 
 Guilty, and does honourably acquit him. 
 
 In respect to the 5th Charge, viz. 
 
 Gross and ungentlemanly language, addressed to Capt^n Walker, at 
 the Green Man, Blackheath, on or about the 4th day of August, 1804, 
 in the following words, viz. 'God damn your soul — God damn youi- soul, 
 fetch me the orderly book.' 
 
 The Court finds that the language therein stated was made use 
 
202 J. Eamtr. 
 
 of by Colonel Sir John Earner to Cikptain Walker ; but Sir John 
 having made a sufficient apology to Captain Walker, in the pre- 
 sence of the Officers before whom the words were made use of, 
 and which Captain Walker considered satisfactory^ the Court is 
 of opinion, that it reflects very great disgrace on the prosecutor 
 to have preferred this charge, as it appears he was perfectly well 
 acquainted with Captain Walker's being satisfied. 
 With regard to the 6th and 7th Charges, viz. 
 
 * Commuting the punishment and taking money for the discharge of 
 Henry Chant, of the 4th Company, on or about the 11th of June, 1805, 
 while under Sentence of a Court Martial. 
 
 7th. ' Subversion of justice, in taking money on or about the 28th of 
 May, 1805, for the discharge of Thomas Lamb, of the 8th Company, a 
 deserter, and ordered for trial.' 
 
 The Court is of opinion, that Colonel Sir John Earner is Not 
 
 Guilty of either of the charges, and does acquit him. 
 
 As to the 8th Charge, viz. 
 
 * Refusing to make a proper allowance to the men discharged in the 
 months of May and June, 1805, for dothing due to them,' 
 
 The Court is not only of opinion that Colonel Sir John Earner 
 is Not Guilty, and does most fully and most honourably acquit 
 him, but considers the charge to be totally groundless, vexatious, 
 and malicious. 
 
 In respect of the Qth Charge, viz. 
 
 Attesting men, in various instances, between the periods of November, 
 1804, and July, 1805, when the Siu-geon had returned them unfit for 
 Sendee, to the injury of the public service, and particularly in the in- 
 stances of 
 
 Art. 1st. ' John Jones, of the 6th Company, attested the 28th Dec. 
 1804. 
 
 Art. 2d. ' James Martin, of the 6th Company, attested the 15th June, 
 1805. 
 
 Art. 3d. ' James Osboldston, of the 6th Company, attested the 7th 
 May, 1805.' 
 
 The Court is of opinion tliat Colonel Sir John Eamer is Not 
 Guilty, and does acquit him. In acquitting Sir John Eamer 
 upon this charge, the Court thinks it right to observe, that it does 
 not consider it regular that a Colonel should cause men to be 
 attested contrary to the opinion of the Surgeon ; but> from the 
 particular circumstances laid before the Court, respecting the 
 various instances of men reported unfit, by Mr. Tupper, the Silr- 
 geon of the regiment, inoludiug the three men stated in the charge. 
 
J. Earner. '20S 
 
 a'nd other pails of Mr. Tapper's regimental conduct as Surge6n> 
 as well as personally to his Colonel, proved in evidence before, 
 this Court conceives that, in this instance, Sir John Earner was 
 fully justified in distrusting Mr. Tupper's opinion. 
 
 Upon the 10th and last Charge, viz. 
 
 ' Obtaining, as Colonel of the Regiment, between the periods of MaVj 
 1803, and June, 1805, large sums of public money from the Trea- 
 surer of His Majesty's Commissioners of Lieutenancy, which was ordered 
 by them to be invested in the hands and under the controul of the Field 
 Officers, jointly, for public service ; and afterwards refusing to account 
 for the appropriation thereof to the other Field Officers, thereby acting 
 highly unbecoming the character of an Officer and a Gentleman.' 
 
 The Court is of opinion, that Colonel Sir John Earner is Not 
 Guilty, and does most fully and most honourably acquit him. 
 
 The Court cannot forbear to express, that it would have had 
 satisfaction in discovering that the motives of the prosecutor 
 Captain Ayres, in preferring the charges against his Colonel, had 
 had for their objects the ends of public Justice or the good of 
 the Service ; but it is with regret the Court has found that most 
 of the charges are unfounded in fact, vexatious, scandalous, and 
 malicious, and arising solely from private pique and party resent- 
 ment ; and the Court cannot too strongly censure the conduct of 
 Captain Ayres, in having suflFered accusations to lay dormant, 
 and to accumulate, and afterwards, at a distant day, bringing them 
 forward. 
 
 Neither can the Court pass over, without animadversion, the 
 conduct of Lieutenant Colonel Jennings and Major Wilson, 
 whose rank in the regiment should have led them to have exerted 
 their best endeavours towards healing and conciliating any party 
 animosities which might have made their appearance ; whereas, 
 on the contrary, the Court has with concern perceived that, in- 
 stead of their exerting the authority which attaches to their rank, 
 in those endeavours, they have not only been totally indifferent as 
 to the evil consequences which might arise, but have thereby con- 
 tributed to the disseutions which have prevailed in the regiment; 
 and the Court cannot but observe, that party-spirit has even ap- 
 peared to operate [upon their minds, in the evidence they have 
 given before this Court. 
 
 The Court is sorry to have occasion further to observe, in the 
 Strongest terms, upon the conduct of Mr. Tupper, the Surgeon ; 
 
204 C. Myers and J. T. Duckett. 
 
 who has. not only been the author of some of the unfonnded. 
 charges brought against his Colonel, but who has appeared to the 
 Court, during the whole of these proceedings, in the most culpa- 
 ble and reprehensible light; particularly in respect to the first ar-. 
 tide of the 2d charge, relative to Francis Reilly, and that he has 
 endeavoured to fix upon his Colonel the responsibility which at- 
 tached to himself. 
 
 The Court cannot but remark upon the indelicate and unbe- 
 coming situation in which Captain Walker, the Adjutant of the 
 regiment, has placed himself, by assisting Captain Ayres during 
 the whole of the trial, in the prosecution against his Colonel upon 
 so many unfounded charges, 
 
 CHARLES MORGAN. 
 
 His Majesty has been most graciously pleased to declare his 
 approbation of the decision and pointed remarks of the Court 
 Martial ; and, for the sake of establishing a due sense of disci- 
 pline and subordination in the Royal East London Regiment of 
 Militia, His Majesty has thought fit to direct that not only Cap- 
 tain Ayres, the prosecutor, but also Lieutenant Colonel Jennings, 
 Major Wilson, Mr. Tupper, the Surgeon, and Captain Walker, 
 the Adjutant of the regiment, shall be displaced from their re- 
 spective situations in the regiment. 
 
 N. B. Sir John Eamer is still the Colonel of the Royal East 
 London Regiment of Militia. — Editor. 
 
 LIEUTENANT CHARLES MYERS and EN. 
 SIGN JOHN TAYLOR DUCKETT.— 1806. 
 
 G. O. Horse Guards, 25 Jan. 1806. 
 
 It is His Royal Highness the Commander in Chiefs Order, 
 that the following copy of a Letter received from the Judge Ad- 
 vocate General, together with the annexed charges, preferred 
 against Lieutenant Charles Myers, of the 1st Regiment of Foot, 
 (Royals) and against Ensign John Taylor Duckett, of the 37th, 
 Regiment of Foot, before a General Court Martial, held at Park- 
 hurst Barracks, in the Isle of Wight, on the Qth, 10th, and lltl\ 
 
C. Mi/ers and J. T. Duckett. 205 
 
 instant, together with the Opinion and Sentence of the Court 
 Martial thereon, which has received His Majesty's approbation, 
 shall be read at the head of every regiment, and entered in the re- 
 gimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 21 Jan. 1806. 
 SIR, 
 
 I esteem it my duty to acquaint your Royal Highness 
 with the result of a General Court Martial, holden at Parkhurst 
 Barracks, in the Isle of Wight, on the Qth, 10th, and 11th days 
 of this instant January, upon the trials of Lieutenant Charles 
 Myers, of the 1 st Regiment of Foot, (or Royals) and of Ensign 
 John Taylor Duckett, of the 37th Regiment of Foot, which I 
 cannot do more clearly than by sending your Royal Highness a 
 copy of my Letter, signifying His Majesty's pleasure thereon to 
 Lieutenant General Earl of Cavan, commanding His Majesty's 
 forces in the Isle of Wight. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 H. R. H. the Duke of York, IfC. 8[C. S^c. 
 
 Judge Advocate General's Office, 21 Jan. 1806. 
 MY LORD, 
 
 I have had the honour of laying before he King the 
 proceedings of a General Court Martial, holden at Parkhurst 
 Barracks on the 9th, 10th, and 1 1th days of this instant January, 
 upon the trials of Lieutenant Charles Myers, of the 1st Regi- 
 ment of Foot (or Royals), and of Ensign John Taylor Duckett, 
 of the 37th Regiment of Foot : Lieutenant Myers been charged 
 with 
 
 ' Having between the 14th day of June, 1804, and the 15th day of 
 Aug. 1805, incurred a debt of ^1 . 13s. with Joseph Nicholas, a private 
 soldier belonging to the 76th Regiment of Foot, and which (although 
 Lieutenant Myers has been repeatedly ordered by his Commanding OflS- 
 cer to discharge the same) stUl remains unpaid ; and also having be- 
 tween the same periods borrowed and worn the necessaries of the said 
 private soldier j' 
 
m$ G. Ml/ers and J. T. Buckett. 
 
 And botb of them, the said LieutenaQt Myers and Ensign 
 Packett, being charged witl^ 
 
 ' £Paving in the night of the 27th of December last, behaved in a 
 manner unbecoming the character of an Officer and a Gentleman, by 
 keepijjg company with persons highly disgraceful for an officer to asso- 
 ciate with, viz. a journeyman baker and a tinman's apprentice; and with 
 the said people going to the Castle and Banner Public-house, on Park- 
 hurst Forest, in the Isle of Wight, at which place some of the party 
 broke open a tin box fixed over thp, mantlepiece, containing money, put 
 therein as christmas-boxes for the seiTants, and committed other dejH-e- 
 dations in the said pubUc-house to the injury of the landlords, Messrs. 
 Richard and John Stevens, and to the prejudice of good order and mili- 
 tary discipline.' 
 
 And I am to acquaint your Lordship, that His Majesty has 
 thought fit to confirm the Opinion and Sentence of the Court 
 Martial, whereby Lieutenant Myers being found Guilty upon both 
 the charges preferred against him, was adjudged to be dismissed 
 from His Majesty's service. 
 
 With respect to Ensign Duokett, who was found Guilty upon 
 the single charge preferred against him, and was adjudged to be 
 Dismissed from His Majesty's service, but in consideration of 
 some very favourabfe circumstances having appeared in his fa- 
 vour, and of his being a very young and inexperienped officei-^ 
 was humbly recommended, by the Court, to His Majesty's cle- 
 mency ; I am to acquaint your Lordship that His Majesty, advert- 
 ing not only to the recommendation, fi'om the Court, but also 
 more particularly to the circumstance of Ensign Duckett's not 
 having any previous acquaintance with the persons with whom it 
 was improper for a Commissioned Officer to associate, and who 
 accidentally came into the room where he was, on that night, and 
 of his having left the r6om before the box was forced open, of 
 •which transaction he had not any knowledge whatever, is most 
 graciously pleased to pardon liim, the said Ensign Duckett, and 
 to permit that he be restored to the exercise of his duty as Ensign 
 in the 37th Regiment of Foot, first receiving a friendly admoni- 
 tion to be very circumspect and careful, in future, with regard to 
 the persons with whom he associates or falls into company. 
 
 Your Lordship will be pleased to favour me with a communica- 
 tion of the day on which His Majesty's pleasure shall have been 
 
R. W. O'Callaghan. 207 
 
 notified to Lieutenant Myers, that I may acquaint the Secretary 
 at War therewith, as from that day his pay will cease. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
 Lieut. Gen. Earl of Cavan, SfC. S[C. SfC. 
 
 Commanding His Majesty's Forces in the Isle of Wight. 
 
 N. B. See page 219 for the proceedings of a second court mar- 
 tial held on Ensign Duckett. — Editor. 
 
 LIEUTENANT R. W, O'CALLAGHAN.— 1806. 
 
 G. O. Horse Guards, 4 Feb. 1806. 
 
 It is His Royal Highness the Commander in Chief's order, 
 that the following copy of a Letter, received from the Judge 
 Advocate General, together with the annexed charges preferred 
 against Lieutenant Colonel the Honourable Robert William 
 O'Callagan, of the 39th Regiment of Foot, before a General 
 Court Martial, held at La Valette, in the Island of Malta, on the 
 I4th, and continued by adjournment, till the 17th of October last, 
 together with the Opinion and Decision of the Court Martial 
 thereon, which has received His Majesty's approbation, shall be 
 read at the head of every regiment, and entered in the regimental 
 orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 27 Jam. 1806. 
 SIR, 
 
 I have had the honour to acquaint your Royal Highness 
 (although perhaps it may have been communicated by Lieutenant 
 General Sir James Henry Craig) that it appears by the proceed- 
 ings of a General Court Martial, held at La Valette, in the Island 
 of Malta, on the 1 4th, and continued by adjournment till the 17th 
 of October last, that Lieutenant Colonel the Honourable Robert 
 William O'Callaghan, of the 39th Regiment of Foot, was tried 
 upon five charges, preferred against him by Mr. Roderick Mack- 
 ensje, the Paymaster of the Regiment ; which charges, together 
 
208 JR. W. O'Callaghan. 
 
 ^yith the opinion of the Court Martial, are stated in the annexed 
 transcript, and that Lieutenant General Sir James Henry Craig 
 has approved the decision of the Court Martial, by which Lieu- 
 tenant Colonel O'Callaghan is most honourably acquitted upon 
 all the charges. 
 
 But it also appears by a subsequent Letter, which accompanied 
 the proceedings, that Mr. Roderick Mackensie, the prosecutor, 
 put an end to his existence a very few days after the result of the 
 Court Martial was made public. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 H. R. H. the Duke of York, ^c. S^c. Sj-c. 
 
 :_ . CHARGES 
 
 Preferred against Lieutenant Colonel the Honourable Robert 
 William O'Callaghan, of the 39th Regiment of Foot, by 
 Mr. Roderick Mackensie, the Paymaster of the same regi- 
 ment, at a General Court Martial, held at La Valette, in the 
 Island ofMalta,on the 14th, and continued by adjournments 
 till the 17th of October, ]S05, together with the opinion of 
 the said Court Martial. 
 1st. Embezzling and wilfully misapplying the bounties of Francis 
 Steflug an3 of Humphry Hill, who were enlisted into the regiment in 
 March and Apiil, 1804, and whose bounties, though charged in the pay 
 lists and public accounts of the regiment, were, by the order of Lieutenant 
 Colonel O'Callaghan (then commanding) not paid to the Recruits, but by 
 his especial command expended otherways ; in breach ' of his duty as' 
 Commanding Officer and in contempt and disobedience of His Majesty's 
 regulations for the payment and appropriation of bounties. 
 
 2d. Having, contraiy to his duty as Commanding Officer, neglected to 
 forward, and intentionally delayed to transmit, through the regular Chan- 
 nel, the resignation of the commission of Lieutenant Fry, of the 39th 
 Regiment delivered to him for that purpose in July or August, 1804, 
 who wished to dispose of his commission for the payment of his debts, it 
 having been previously ascertained by the said Lieutenant Colonel O'Cal- 
 laghan, that His Royal Highness the Commander in Chief consented to 
 the sale of Lieutenant Fry's Ensigncy which he had purchased, and by 
 which criminal neglect the debts of Lieutenant Fry, contracted on the 
 specific pledge and security of his commission, are still unpaid. 
 
 3d. Obtaining in Maixh or April, 1805, in a scaiidEdous, infamous 
 manner, such as is unbecoming the character of an Officer and a Gentle- 
 man, the sum of ^20 : 8«. 6d. sterling, from the Honourable Board of 
 Ordnance, as the alleged expence of engraving and marking 817 stand 
 of arms, which had previously been charged to, and paid for by the sol-' 
 diers of the regiment respectively, and wilfully embezzling and misap- 
 
R. W. O'Callaghan. 209 
 
 plying the said sura, of £20 : 8s. 6d. toother purposes, contrary to his 
 duty as Comma'nding OflScer, to the great loss of the soldier, and the 
 discredit of the service. 
 
 4th. Having In a scandalous, infamous manner, such as is unbecom- 
 ing the character of an Officer and a Gentleman, in August and Septem- 
 ber, 1805, or in one or either of these months, vrhen Commanding Offi- 
 cer of the 39th Regiment, signed as such, false returns or requisitions of 
 forage for a horse alleged to have, been his own, and virhich forage thus 
 fraudulently obtained, and in breach of his duty, was delivered by his or- 
 der or connivance, and with the knowledge of its being in-egularly pro- 
 cured, received for the consumption and use of a horse the bond fide 
 property of another Officer of the regiment, not entitled to receive forage 
 from the public stores. 
 
 5th. Having in May or June, 1805, or in one or either of the days 
 of these months, ordered Paymaster Mackensie, of the 39th Regiment, to 
 continue Private James Cotterill, of Captain Waddell's Company, as a 
 Serjeant in his pay-lists and muster-rolls, though the said Private Cotte- 
 riU. had been reduced by the sentence of a Regimental Court Martial to 
 serve as a private soldier, and to receive pay as such ; and persisting in 
 this order after it had been represented to him, by the said Paymaster 
 Mackensie, that there being supernumeraiy Seijeants in the regiment. 
 Private Cotterill could not be promoted by him to that rank, and that to 
 continue him in the pay-lists as a Serjeant, without a remark of his having 
 been reduced, would, after a knowledge of the fact, be an act of perjui-y 
 and malversation of office in tlie Paymaster, and in direct contempt and 
 disobedience of the order of the Secretary at War, for the reduction of 
 ' the establishment of the non-commissioned Officers of the 39th Regiment, 
 and persisting that this must be done as he (Lieutenant Colonel O'Cal- 
 laghan) had been solicited to it by Captain Waddell, who had previously 
 endeavoured, on his own authority, to enforce the same irregularity. 
 
 OPINION attd SENTENCE. 
 
 The Court, having duly weighed the evidence produced on the 
 part of the prosecution, as well as what the prisoner Lieutenant 
 Colonel the Honourable Robert William O'Callaghan has adduced 
 in his defence, are of opinion that he is Not Guilty of the first 
 charge, and do most honourably acquit him thereof. 
 
 The Court do not find that Lieutenant Colonel O'Callaghan 
 is Guilty of having deviated in the smallest degree from what his 
 duty warranted, with respect to the second charge^ and do most 
 lionourably acquit him thereof. 
 
 • It appearing that where the e.\pense of marking and engraving- 
 the arms was charged against the soldier, it was entirely without 
 th€ sanction or knowledge of Lieutenant Colonel O'Callaghan, 
 and that in the only instance whieh came to his knowledge, he 
 
 p 
 
210 C.P. Bekon. 
 
 immediately ordered the same to be re- credited to the soldier ; the 
 Court are of opinion that no blame attaches to him, on the third 
 $:harge, and do most honourably acquit him thereof. 
 ■ With respect to the fourth charge, the Court are of opinion 
 that Lieutenant Colonel O'Callaghan is Not Guilty, and do most 
 honourably acquit him thereof. 
 
 The Court are further of opinion that Lieutenant Colonel 
 O'Callaghan is Not Guilty of the fifth charge, adduced against 
 him, and do therefore most honourably acquit him thereof. 
 
 The Court having rendered this justice to the honour of Lieu- 
 tenant Colonel O'Callaghan, feel themselves called upon to ad- 
 vert to the motives which appear to have given birth to the accu- 
 sations on the part of the prosecutor : they consider them vexatious 
 in the highest degree, and proceeding from the most marked ma- 
 levolence, and they regard his attempt to vilify the conduct of his 
 superior, by imputations so gross, and at the same time so un- 
 founded, as extremely prejudicial to the discipline of His Ma- 
 jesty's service. 
 
 N. B. Lieutenant Colonel the Honourable William O'Callaghan 
 is now a Major General and a Knight Commander of the Bath. 
 
 Editor. 
 
 LIEUT. COLONEL C. P. BELSON.— 1806. 
 
 G. O. Horse Guards, 4 Feb. 1806. 
 
 It is His Royal Highness the Commander in Chief's order that 
 
 the. following copy of a Letter received from the Judge Advocate 
 
 General, together with the annexed charges preferred against 
 
 Lieutenant Colonel Charles Philip Belson, of the 2d Battalion of 
 
 the 2Sth Regiment of Foot, before a General Court Martial, held 
 
 at Dublin, on the 3Qth December, 1805, and on several subsequent 
 
 days, with the Opinion and Sentence of the Court Martial, together 
 
 with His Majesty's pleasure thereon, shall be read at the head 
 
 of every regiment, and entered in the regimental orderly book. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
C.PBehon. 'ill 
 
 Judge Advocate General's Office, 30 Jan. 1806^ 
 SIR, 
 
 I esteem it my duty to acquaint your Royal Highness 
 with the result of a General Court Martial, lately holden at the 
 Barracks, in Dublin, for the trial of Lieutenant Colonel Charles 
 Philip Belson, of the 2d Battalion of the 28th Regiment of Foot, 
 which I cannot do more clearly than by sending your Royal 
 Highness a copy of my Letter, signifying His Majesty's pleasure 
 thereon to Lieutenant General Floyd, or Officer commanding 
 His Majesty's forces in Ireland. 
 
 J have, 8cc. 
 
 CHARLES MORGAN. 
 H. R. H. the Duke of York, S^c. Sj-c. SfC. 
 
 Judge Advocate General's Office, 30 Jan. 1806, 
 SIR, 
 
 His Royal Highness the Commander in Chief having 
 transmitted to me the proceedings of a General Court Martial, 
 lately holden at the Barracks in Dublin, for the trial of Lieute- 
 nant Colonel Charles Philip Belson, of the 2d Battalion of the 
 28th Regiment of Foot, upon six several articles of charge, which, 
 together with the decision of the Court Martial, are set forth in 
 the schedule hereunto annexed ; I have had the honour of submit- 
 ting the same to the King, and have received His Majesty's com- 
 mands to acquaint you, that, upon a comprehensive view of the 
 whole matter, His Majesty deems it to be indispensably neces- 
 sary for the support of discipline, that the sentence of reprimand, 
 which in itself appears to be sufficiently lenient, should be con- 
 firmed, and His Majesty therefore cannot comply with the re- 
 commendation from the Court Martial, in behalf of Lieutenant 
 Colonel Belson, but has thought lit to direct that he be repri- 
 manded in General Orders. 
 
 His Majesty has further commanded me to express, that, although 
 His Majesty so far acquiesces in the acquittal of Lieutenant Co- 
 lonel Belson upon the 3d, and upon the 6th articles of charge, 
 as not to direct the Court Martial to be re-assembled for the pur- 
 pose of revising their determination, he cannot entirely concur 
 with them in opinion — With regard to the second bi'aftch of thfe 
 third article ; because His Majesty does not pfifCeive aily grouw'ij 
 
212 C. P. Behon. 
 
 whereon to found a doubt of its having been known to Lieute- 
 nant Colonel Belson, at the time when he took the business iiito 
 his own hands, and caused a Regimental Court Martial to be 
 hastily assembled, and the punishment awarded by the Court 
 Martial, to be carried into instant execution, that Lieutenant Ge- 
 neral Sir Charles Asgill had the petition under his consideration. 
 And with regard to the sixth article of charge : because it was 
 clearly established by evidence, that a stroke was not only giveii 
 to the soldier in the presence of Lieutenant Colonel Belson, but 
 by his order ; and moreover, that the Lieutenant Colonel did 
 publicly express a wish that the Adjutant would make more fre- 
 quent use of his cane. It is not to be presumed that, when Lieu- 
 tenant Colonel Belson so expressed himself, he intended these 
 punishments should be extended to a degree of cruelty; but 
 the practice is such as is not warranted by any provision in the 
 Mutiny Act, or the Articles of War, and is repugnant to His 
 IMajesty's sentiments. His Majesty also remarked that, for the 
 precipitate measure above mentioned, of assembling a Regimen- 
 tal Court Martial at an unusual hour, and carrying a punishment 
 of two hundred lashes, awarded by that Court Martial upon a 
 summary trial, into immediate execution, no satisfactory reason 
 lias been shewn ; for, although the soldier's petition appears to 
 have exaggerated the grievance of which he had to complain, 
 and to have been in part incorrect; and although the person who 
 penned the petition may be suspected of having other views be- 
 yond the obtaining of redress for an aggrieved soldier, yet it has 
 not been shewn that there was any disposition whatever amongst 
 the men of the regiment to mutiny, tumult, or insubordination ; 
 so that it is difiicult to assign any other motive for the haste with 
 which the business was conducted, than a vindictive spirit at the 
 time of the officer who advised it. 
 
 ^- His Majesty moreover animadverted vipon the conduct of the 
 Adjutant of the regiment, who was busy and active in urging the 
 immediate assembling of the Regimental Court Martial and the 
 consequences attendant thereon ; and who, as being the com- 
 .plainant and prosecutor upon the charge which was to be 
 brought before the Court, was the last person who should have 
 offered any advice upon the proceeding, and was also the last 
 
C. p. Behon. ,£13 
 
 person from whom advice should have been attended to and 
 pursued. I have, &,c. 
 
 CHARLES MORGAN. 
 
 Lieutenant General Floyd, 
 or Officer Commanding His Majesty's Forces in Ireland. 
 
 CHARGES 
 Preferred against Lieutenant Colonel Charles Philip Belson, of 
 the 2d Battalion of the 28th Regiment of Foot, at a Gene- 
 ral Court Martial, held at the Barracks at Dublin, on the JJOth 
 December, 1S05, and on several subsequent days, together 
 with the Opinion and Sentence of the said Court Martial. 
 - 1st. ' Disobeying the orders of Lieutenant General Sir Charles AsgiU, 
 issued on the case of Patrick Reardon, private in the 2d Battalion of the 
 28th Regiment of Foot. 
 
 2d. ' Gross disrespect towards Lieutenant General Sir Charles Asgill, 
 particularly expressed in a letter, -written by Lieutenant Colonel Belson 
 to Brigadier General Durham, who communicated the orders of Lieute-. 
 nant General Sh- Charles Asgill to Lieutenant Colonel Belson. 
 
 3d. ' Cnielty and oppression towards said Patrick Reardon, in bring- 
 ing him to a Regimental Court Martial for prefen-ing a petition to Lieu- 
 tenant General Sir Charles Asgill, at a time when the merits of said 
 petition were under consideration of, and undecided by Lieutenant Ge-. 
 neral Sir Charles Asgill. 
 
 4th. ' Improperly and irregularly assembling, and permitting the said 
 Regimental Court Martial to carry on their proceedings, after the hour 
 of three o'clock in the evening of the 30th of Novembei-, and approving 
 and causing to be carried into immediate execution a corporal punish- 
 ment of two hundred lashes, avi^arded by the said Regimental Court 
 Martial. 
 
 5th. ' Conduct highly Unmilitary and Unofficerlike, in pubUcly ex- 
 pressing a vindictive and cruel determination of inflicting further severity 
 towards the said Reardon, after his recovery from the effects of his 
 punishment, by keeping him two or three hours a day at the dumb-bells 
 (unless Staff Surgeon Obrd should change his opinion of his case). 
 
 6th., ' Cniel and Unofficerlike conduct in standing by, and ordering 
 the Drill Serjeant and Serjeant Major to strike the said Reardon, for 
 refusing or declining to use the dumb-bells, notwithstamUng that he the 
 said Reardon was transferred from the iirst battahon, in which he had 
 served several yeai's, to the second, in consequence of infii-mity and in- 
 abihty to undergo the duties and fatigues of general active seiTice ; and 
 publicly expressing a wish that the Adjutant would make more use of 
 his cane, by which means the battahon would be rendered more steady 
 than it is,' 
 
 OPINION and SENTENCE. 
 The Court having maturely considered the charges and the 
 answers and defences stated against the same, together with the 
 
^m C. p. delson. 
 
 whole evidence, both written and parole, in siupport gf tb(r 
 charges and defences : and having weighed with the utmost at- 
 tention the whole matter before them, are of the opinion here- 
 a'fter following, on the several distinct charges : 
 
 On Charge 1st. The Court find that the prisoner. Lieutenant 
 Colonel Charles Philip Belaon, did not comply with the order of 
 Lieutenant General Sir Charles Asgill, to reprimand the Serjeant 
 Major ; but after a full and deliberate consideration of the whole 
 of the evidence adduced in support of this charge, and that 
 brought forward by the prisoner. Lieutenant Colonel Belson, in 
 his defence, they cannot adjudge him Guilty of any criminal dis- 
 obedience of orders, and do therefore acquit him of the said first 
 charge. 
 
 On Charge 2d. The Court do find the prisoner, Lieutenant 
 Colonel Charles Philip Belson, Not Guilty of gross disrespect, 
 and do therefore acquit him thereof; but are of opinion that his 
 letter of the 3d December, to Brigadier General Durham, is 
 couched in unguarded and censurable terms, and such as ought 
 not to have been made use of, whftn adverting to an order issued 
 by a superior officer. 
 
 On Charge 3d. — 1st Branch- The Court are of opinion that 
 the defences stated by Lieutenant Colonel Belson, and substan- 
 tiated by evidencCj are sufficient most fully and most honourably 
 to exculpate him from the '1st branch of this charge, namely, 
 cruelty and oppression. 
 
 2d Branch. On the 2d branch of this charge, the Court are 
 of opinion that sufficient proof has not been adduced to shew 
 that Lieutenant Colonel Belson knew the petition of Reardon 
 M^as under the consideration of Lieutenant General Sir Charles 
 Asgill, when he ordered him to he tried by a Regimental Court 
 Martial ; and the Couyt, for these reasons, do find the prisoner 
 Not Guilty of the 3d article of charge, and do acquit the prisoner 
 thereof. 
 
 On the 4th Charge, The Court do find the prisoner. Lieute- 
 nant Colonel Belson, Guilty of the said charge, and do therefore 
 sentence him to be reprimanded in such manner as His Ma-t 
 jesty may think proper to direct. 
 
 On the 5th Charge. The Court having maturely weighed the 
 
C. Girling. 215 
 
 whole of the evidence adduced on, this charge, cannot see that 
 Lieutenant Colonel Belson's conduct, on this account, was either 
 cruel or vindictive, unmilitary or unoflScerlike (as set forth iii 
 the general statement of the charge); they therefore find him 
 Not Guilty, and do, in consequence, most honourably acquit him 
 thereof. 
 
 On Charge the 6th. The Court taking into consideration the 
 cause, nature, and degree of the chastisement inflicted by the 
 Serjeant Major, on Reardon, and having maturely weighed the 
 whole of the evidence adduced on this charge, are of opinion 
 that Lieutenant Colonel Belson is Not Guilty of cruel or unofficer^ 
 like conduct, and therefore do honourably acquit him of the whole 
 of the said charge. 
 
 On the whole, the Court referring to the above opinions, pro- 
 nounced by them on the separate articles of charge, declare, al- 
 though it has appeared to them that, in some of the matters of 
 the preceding charges, there has been a degree of irregularity and 
 want of due discretion on the part of Lieutenant Colonel Belson, 
 they are nevertheless satisfied he was actuated by no improper 
 intention, or motive of disrespect, to Lieutenant General Sir 
 Charles Asgitl, and as he stands acquitted on so many of the above 
 charges, and as no charge dishonourable or disgraceful to him, 
 either as an Officer or a GentlemaUj has been substantiated, they 
 beg leave, in the most humble manner, earnestly to recommend 
 him to His Majesty's clemency. 
 
 CHARLES MORGAN. 
 
 N. B. Lieutenant Colonel Charles Philip Belson is now a Major 
 General and a Knight Commander of the Bath. — Editor, 
 
 LIEUTENANT CHARLES GIRLING.— 1806. 
 
 G. O. Horse Guards, 6 T^. 1806, 
 
 It is his Royal Highness thft Commander in Chief's- ordera 
 that the following copy of a Letter received from the Jbdgje Ad- 
 vocate General, together with the annexed charge, preferred 
 against Lieutenant Charles Girling, of the fiOth Regiment of Light 
 Dragoons, before a General Court Martial, held at La Valette, in 
 
216 C. Girliris. 
 
 '&• 
 
 the Island of Malta, on the 29th of August last, and on several 
 subsequent days, together with the Sentence of the Court Mar- 
 tial' which has received His Majesty's approbation, shall.be read 
 at the head of every regiment, and entered in the regimental or- 
 derly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 3 Feb. 1806. 
 SIR, 
 
 I esteem it my duty to acquaint your Royal Highness 
 with the result of a General Court Martial, held at La Valette, 
 in the Island of Malta, upon the trial of Lieutenant Charles Gir- 
 ling, of the 20th Regiment of Light Dragoons, which I cannot 
 do more clearly than by sending your Royal Highness a copy of 
 my Lettpr, signifying His Majesty's pleasure thereon to General 
 Sir James Henry Craig, or Officer commanding His Majesty's 
 forces in the Mediterranean. 
 
 As soon as I shall have been informed of the day on which His 
 Majesty's pleasure shall have been made known to Lieutenant 
 Girling, I shall not fail to acquaint your Royal Highness there- 
 with. I have, 8cCf 
 
 CHARLES MORGAN. 
 H. R. H. the Duke of York, SfC. <§-c. S^c. 
 
 Judge Advocate General's Office, 3 Feb. 1806. 
 SIR, 
 
 Having had the honour of submitting to the King the 
 proceedings of a General Court Martial, held at La Vallette, in 
 the Island of Malta, on Thursday the 29th of August, and conti- 
 nued by adjournments, till the 2d of September last, upon the 
 trial of Lieutenant Charles Girling, of the 20th Regiment of Light 
 Dragoons, who was found Guilty * of unmilitary and grossly out- 
 rageous conduct, contrary to good order and the discipline of His 
 Majesty's service, by having, on the evening of the 3d of June 
 last, on board the Mary Ann transport, then lying in Gibraltar 
 Bay, ill used, assaulted, struck, and wounded, with a bayonet, 
 George Forsyth, then a Corporal in the same regiment, while he, 
 the said George Forsyth, was in the actual execution of his duty, 
 
A, llulchton. 217 
 
 and standing at the head of a guard under his command ;' and was 
 adjudged to be cashiered. 
 
 I am commanded to acquaint you, that His Majesty, not with- 
 out much concern, in the case of an Officer, who, during a ser- 
 vice of thirty years, had conducted himself meritoriously, has 
 deemed it indispensably necessary in point of example, for the 
 support of discipline, to confirm the said Sentence. 
 
 You will be pleased to favour me with a communication of the 
 day on which His Majesty's pleasure shall have been notified to 
 Lieutenant Girling, that I may acquaint the Secretary at War 
 therewith, as from that day his pay will cease. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
 General Sir James Craig, K. B. 
 
 or Officer Commanding His Majesty's Forces in the Mediterranean. 
 
 N. B. Lieutenant Girling sold his Commission in 1807. — Editor. 
 
 CORNET AND ADJUTANT A. HUTCHEON. 
 
 G . O. Horse Guards, 22 March, 1 806. 
 
 The following copy of a Letter from the Judge Advocate Ge- 
 neral, containing the Opinion and Sentence of a Court Martial, 
 held at Dover, upon the trial of Cornet and Adjutant Alexander 
 Hutcheon, of the 9th Regiment of Light Dragoons, on the 1 2th 
 and 13th of February last, on the charge therein mentioned, is to 
 be read at the head of every regiment, and entered in the regi- 
 mental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Judge Advocate General's Office, 27 Feb. 1806. 
 SIR, 
 
 I have had the honour of submitting to the King the 
 proceedings of a General Court Martial, holden at Dover on the 
 ]2th and 13th days of this Instant, upon the trial of Comet and 
 Adjutant Alexander Hutcheon, of the 9th Regiment of Light 
 Dragoons, who was charged with ' having behaved in a scanda- 
 
218 A. HufcheorL 
 
 lous and iijfamous manner, such as is unbecoming the characler 
 of an Officer and a Gentleman, in unwarrantably claiming and: 
 endeavouring, by several Letters, bearing date the 12th of Sep- 
 tember, 11th and S5th of October, and the 3d of December, 
 1805, to obtain from Messrs. Davenport & Gilpin, the Clothiers 
 of the Regiment, a jacket, or materials for the same, as a perqui- 
 site due by custom to Adjutants of Regiments of Cavalry;' and I 
 am to acquaint your Royal Highness that His Majesty has 
 thought fit to confirm the decision of the Court Martial ; whereby 
 the said Comet and Adjutant Hutcheon is adjudged to be Re- 
 primanded in General Orders : and which is expressed in the 
 following terms, viz. 
 
 • The Court having most maturely deliberated upon, weighed, 
 and considered the matter adduced in support of the charge exhi- 
 bited 'agaitist the prisoner. Cornet and Adjutant Alexander Hut- 
 cheon, of the 9th Light Dragoons, together with such circum- 
 stances as have been oflfered and appeared in his defence, are of 
 opinion, that he is Guilty of having made the unwarrantable 
 claims expressed in his Letters, bearing date the 12th of Septem- 
 ber, 11th and 25th of October, and the ."d of December, 1805. 
 
 But as it doth not appear to the Court that the degree of cri- 
 minality, which the charge expresses, can attach to the conduct of 
 the prisoner, they are led to consider, in their sentence, that he has 
 acted more from inadvertency, and a belief of there being nothing 
 unusual in the claims which he made, than from such motives as 
 cin affix the guilt' of scandalous and infamous behaviour to his 
 conduct ; and the Court do, therefore, acquit him, the said Cornet 
 and Adjutant Alexander Hutcheon, of that part of the charge, 
 namely, " scandalous and infamous behaviour." 
 
 The Court are, however, of opinion that the conduct of the 
 prisoner is highly culpable, in maldng the unwarrantable claims 
 contained in his Letters, bearing date the 1 2th of September, 1 1th 
 and 25th of October, and 3d of December, 1805 ; and the Court 
 do, therefore, sentcaice him, the aforesaid Cornet and Adjutant 
 Alexander Hutcheon, of the 3th Light Dragoons, to be publicly 
 reprimanded in General Orders. 
 
 I have, &c. 
 
 CHARLES MORGAN. 
 
 //. Jl. H. the Duke of York, <5-c, Sfc. S^c. 
 
J. T. Duckett. SJ9 
 
 N. B. Cornet and Adjutant Hutcheon died in 1812, as Lieute- 
 nant in the SSd Dragoons^ — Editor. 
 
 LIEUT. JOHN TAYLOR DUCKETT.— 1866. 
 
 G. O. Horse Guards, 17 May, 1806. 
 
 It is His Royal Highness the Commander in Chief's pleasure 
 that the following copy of the charges preferred against Lieute- 
 nant John Taylor Duckett, of the 37th Regiment, before a Ge* 
 neral Court Martial, held at Parkhurst Barracks, in the Isle of 
 Wight, on the 30th of last month, and continued, by several ad- 
 journments, to the 3d instant, together with the Opinion and 
 Sentence of the Court Martial thereon, which have received His 
 Majesty's approbation, shall be read at the head of every regi- 
 ment, and entered in the,regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. ' 
 HARRY CALVERT, Adj. Gen. 
 
 CHARGES. 
 
 1st. ' Scandalous behaviour, unbecoming the character of an Officer 
 and a Gentleman, in having, on the night of the 2d day of March, 1806, 
 got into a fray at a petty alehouse, known by the name of the Lamb, at 
 Newport, and afterwards going to the Town Guard, and taking with 
 him, from thence, some Soldiers of the Guard, and ordering them to 
 break open the door of the said alehouse, without the knowledge or con- 
 sent of the Officer commanding the said guard ; and for making use of 
 language unbecoming the character of an Officer and a Gentleman, on 
 the same night, to Lieutenant Jackson, of the 86th Regiment, then com- 
 manding the said guard, whUe in the execution of his duty, to the preju- 
 dice of good order and military discipline. 
 
 2d. ' Absenting himself from his quarters from the 2d to the 4th of 
 March, 1806, without leave ; and when, after a long search, he was dis- 
 covered by Lieutenant Stephenson, (acting Adjutant) of the 96th Regi- 
 ment, drunk in the kitchen of the Star public-house, at Newport j and 
 for making use of language unbecoming the character of an Officer to 
 the said Lieutenant and acting Adjutant, who was sent by the Command- 
 ing Officer to put him under arrest, by teUing him,, he would not deceive 
 him for that he would break his arrest when he (meaning the said Lieute- 
 nant and acting Adjutant Stephenson) was gone from him, to the pre- 
 judice of good order and mUitary discipline. 
 
 3d, ' Having, between the 20th day of April, 1806, and the 24th day 
 of tl»e same month, broken his arrest, under which he was put by Lieu- 
 
^eo H. R. Conolly. 
 
 tenant and acting Adjutant Stephenson, of the 96th Regiment, by order 
 of his Commanding Officer, J/ieutenant Colonel Barlow, to the prejudice 
 of good-order and military discipline.' 
 
 OPINION and SENTENCE. 
 
 The Court, having maturely and deliberately considered the 
 evidence adduced on the part of the prosecution, as well as what 
 the prisoner had to offer in his defence, is of opinion, with re- 
 spect to each charge, as follows : 
 
 With respect to the 1st article of charge, the Court is of 
 opinion that the prisoner is Guilty. 
 
 With respect to the 2d article of charge, the Court is of opi- 
 nion that the prisoner is Guilty of the first part of the charge, 
 viz. of having abseiited himself from quarters, without leave, from 
 the 2d to the 4th day of March, 1806, but the Court acquit the 
 prisoner of the remaining part of the charge. 
 
 With respect to the 3d article of charge, the Court is of opir 
 nion that the prisoner is Guilty ; and, in consideration of the 
 whole matter before them, the Court does adjudge the prisoner, 
 Lieutenant John Taylor Duckett, of the 37th Regiment of Foot, 
 to be dismissed from His Majesty's service. 
 
 N.-B. Vide page 205 for the proceedings of a previous Court 
 Martial' held on Lieutenant, then Ensign, Duckett. — Editor. 
 
 LIEUTENANT H. R. CONOLLY.— 1806. 
 
 G. O. Horse Gvards, 29 May, 1806. 
 
 It is His Royal Highness the Commander in Chief's pleasure 
 that the following copy of the Opinion and Sentence of a Gene- 
 ral Court Martial, held at Colchester, on the 24th April, 1806, 
 and continued by adjournments until the 2d instant, for the trial 
 of Lieut. Henry Robert Conolly, of the 54th Regiment of Foot, 
 which have received His Majesty's approbation, and in which 
 are comprised the several instances of charges preferred against 
 the said Lieutenant Conolly, shall be read at the head of every 
 regiment, and entered in the regimental orderly books. 
 
 By command of H. H. R. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
H. R. Conolly. 2gl 
 
 OPINION and SENTENCE. 
 I The Court, having maturely considered, the charge exhibited 
 against the prisoner, Lieut. Henry Robert Conolly, of the 54th 
 Regiment of Foot, viz. * most disgraceful conduct, highly unbe- 
 coming an officer and a gentleman,' in the nine instances there- 
 after specified, with the proof adduced in support thereof, together 
 with the defence of the prisoner, is of opinion, in regard to the 
 1st instance, the first part thereof is proved, viz. ' withholding 
 from private John Armstrong, of the 54th regiment, a sum of 
 money amounting to upwards of ,£40, sterling, due to him for 
 subsistence and for shoemakers' work performed for the men of 
 Captain Frederick's company, of the said Regiment, when the 
 accounts were in charge of the said Lieutenant Conolly.' 
 
 But in regard to the latter part of the said 1st instance, viz. 
 ' and which shoemakers' work had been charged by him against 
 the men in their accounts', the Court is of opinion that no proof 
 has been brought forward in support thereof. 
 
 In regard to the 2d instance, viz. ' Desiring Michael Kelly, 
 then Corporal in the 54th Regiment, to sign the said private John 
 Armstrong's account in the company's book, and in the monthly 
 clearance return for him, without the approbation of the said 
 John Armstrong, . he at the same time being present and able to 
 •write;' the Court is of opinion that the prisoner is Not Guilty, 
 and does therefore acquit him thereof. 
 
 In regard to the 3d instance, the Court is of opinion that it is 
 not proved that the prisoner sent to the said private John Arm- 
 strong, by Michael Kelly, a note of hand or promissory note for 
 money due to the said private John Armstrong, specifying also in 
 the said note that regular interest was to be allowed thereon, un- 
 til paid ; but the Court is of opinion that the prisoner did direct 
 the said Kelly to propose, in his name, that the said Armstrong 
 should accept a note of hand for money owing him by the pri- 
 soner ; furnishing Kelly, at the same time, with a written form of 
 a note he proposed should be so granted, to be submitted to Arm- 
 strong for his consideration and approval. 
 
 In regard to the 4th instance, viz. ' borrowing money from the 
 said private, John Armstrong, which money, or part thereof, still 
 reiriains unpaid ; ' the Court is of opinion that it is proved. 
 
2ti H. R. Comtly:' 
 
 In regard to the 5th instaftce, the Court is of opinion that the 
 prisoner did not give in, to the Commanding Officer of the 54th 
 Regiment, or to Captain Frederick for the Commanding Officer^' 
 one or more monthly clearance returns, between the 1st of July, 
 IS05, and 1st of April, 1S06, shewing that the men's accounts 
 of said company were settled with a certificate to that effect, 
 sighed by himself or presented by him to Captain Frederick for 
 his signature, when, at the same time, the accounts of the said 
 John Armstrong were not settled, signed, or balances paid ; but 
 the Court is of opinion that a clearance-roll, such as is stated in 
 the above instance, was nevertheless presented to Captain Frede- 
 rick, with the knowledge and connivance of the prisoner, though 
 not directly by himself, for the purpose of receiving his (Captain 
 Frederick's) signature, and of being afterwards delivered to the 
 Commanding Officer. 
 
 In regard to the 6th instance, the Court is of opinion that it 
 is proved that the prisoner did not settle the accounts of the fol- 
 lowing men of Captain Frederick's company, viz. Serjeant Major 
 John Connor, Quarter Master Serjeant Edward Ashmead, and 
 Serjeant James Richill, for one or more months (previous to the 
 24th September, 1805), at the same time giving in clearance re- 
 turns, the signatures to which were either fabricated by others or 
 signed by tliemselves, at his request, in order to deceive the Com- 
 manding Officer of the 54th Regiment ; but the Court is of opinion 
 that no proof has been brought forward in support of this in- 
 stance, as far as it relates to Serjeant William Duggins and Ser- 
 j«ant George Brown, or to the prisoner's intention to deceive 
 Captain Frederick upon the occasion in question. 
 
 In regard to the 7th instance, viz. * having charged necessaries 
 to several of Captaiin Frederick's company, among others the 
 following : Serjeant Thomas Williams, Corporals David Leary 
 and Isaac Hutchinson, and Privates Moses Dabbs, Arthur Do- 
 nelly and Patrick Davirde, at higher prices than the said Lieute- 
 nant Conolly was charged by the tradesmen for the same, during 
 one or more months between the 1st of July, 1805, and 1st of 
 April, 1806;' the Courtis of opinion that it is proved. 
 ^ hi regard to the 8th instance, viz. ' sending or writing to Mri 
 John Banks, a tradesman who provided part of the said articles, 
 
Birch, Bishop, Adkim, <§-c. 223 
 
 requesting him to inform Captain Frederick that the sum paid to 
 him for those articles was greater than that which he actually re- 
 ceived from Lieutenant ConoUy for them ;' the Court is of opi- 
 nion that it is proved. 
 
 In regard to the 9th instance, viz. * borrowing money upon in- 
 terest, from Catherine Hargrave, a maid-servant at Gibraltar, for 
 which he gave a promissory note upon the 1st of August, 1804, 
 which note was passed to Serjeant John Doyle, of the 54th Re- 
 giment, and still remains wholly unpaid to him, notwithstanding 
 repeated applications for payment having been made to Lieute^ 
 nant Conolly;' the Court is opinion that it is proved. 
 
 On a reference to the degree in which each of the foregoing 
 instances of the charge is established or refuted, as above stated, 
 the Court is of opinion that the prisoner. Lieutenant Henry Ro- 
 bert Conolly, of the 54th Regiment, is Guilty of most disgrace- 
 ful conduct highly unbecoming an Officer and a Gentleman, in 
 breach of the Articles of War, and does therefore adjudge him 
 the said prisoner. Lieutenant Henry Robert Conolly, of the 54th 
 Regiment of Foot, to be dismissed His Majesty's service. 
 
 LIEUTS. BIRCH, BISHOP, ADKINS, RAMSDEN, 
 NICHOLLS, BOOTH, RICHARDSON, and EN- 
 SIGN AND ASSIST. SURG. HODSON.- 1806. 
 
 G. O. Horse Guards, 16 July, 1806. 
 
 It is His Royal Highness the Commander in Chief's order 
 that the following copy of the Opinion and Sentences of two 
 Courts Martial, held at Colchester for the trials -of Lieutenants 
 Birch, Bishop, Adkins, Ramsden, NichoUs, Booth, and Richard- 
 son, of the West Kent Regiment of Militia, and of Ensign and 
 Assistant Surgeon Henry Hodson, of the same regiment, which 
 have received His Majesty's approbation, and in which are com- 
 prised the several charges preferred against the said Lieutenants, 
 as also against the said Ensign and Assistant Surgeon, as before 
 mentioned, shall be read at the head of every regiment, and en- 
 tered in the regimental orderly bo.oks. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
221 Ramsden, Nkholls, Booth, Richardson, S(c. 
 
 OPINION arid SENTENCES. 
 
 On the trial of the prisoners, Lieutenants Birch, Bishop, Ad- 
 kins, Ramsden, NichoUs, Booth and Richardson, of the West 
 Kent Militia-; the Court having found the said prisoners Guilty 
 on the whole of the charges exhibited against them, viz. 
 
 ' For conducting themselves in a manner prejudicial to good order and 
 militaiy discipline, on the 4th of September, 1805, and at divers other 
 times. 
 
 ' Combining together, and in consequence of such combination syste- 
 matically and contumaciously absenting themselves from the society of the 
 Field Officers, Captains, &c. as more pai'ticularly stated in the proceed- 
 ings,' 
 
 have adjudged that the prisoners, Lieutenants Birch and NichoUs, 
 be dismissed his Majesty's service ; and that the prisoners. Lieu- 
 tenants Bishop, Atkins, Ramsden, Richardson and Booth, be dis- 
 missed from the West Kent Militia. 
 
 His Majesty has been pleased to approve of the whole of 
 the Sentence of the Court, and to direct that the same be 
 carried into effect. 
 
 On the trial of Ensign and Assistant Surgeon Henry Hodson, 
 of the West Kent Militia, the Court having found the prisoner 
 Guilty on the charges exhibited against him, viz. 
 
 1st. ' Having on the 10th and 1 1th of Januaiy, 1806, made false and 
 groundless complaints and charges, to the Inspector General of Army 
 ■Hospitals, against oificers severally for the time being in the command of 
 the Regiment, in the absence of Colonel Dyke ; and also against Mr. Ro- 
 berts, late Surgeon of the Regiment, and Lieutenant West, first Assistant 
 Surgeon. 
 
 2d. ' Conducting himself in a manner highly prejudicial to good or- 
 der and military discipline, in wilful disobedience of the ordei-s of Lieu- 
 tenant Colonel Dalton his Commanding Oiiicer,' &c. as more especially 
 set forth in the said proceedings, 
 have sentenced him to be dismissed the West Kent Militia. 
 
 His Majesty, considering the unmilitary conduct of several 
 "Officers of this Regiment as stated in the preceding Court Mar- 
 tial, and the necessity of upholding the authority of the Officer 
 in Command, has been pleased to approve of the Sentence on 
 Ensign and Assistant Surgeon Hodson, being carried into effect. 
 
( 225 ) 
 
 LIEUTENANT JOHN NEVILLE.— 1806. 
 
 K}. 0. Horse Guards, 8 Avg. ISOff. 
 
 It is His Royal Highness the Commander in Chief's order 
 that the following copy of the charges preferred against Lieute. 
 nant John Neville, of the 8th Royal Veteran Battalion, before a 
 General Court Martial, held at Portsmouth, on the 23d day of 
 June last, and continued by adjournments until the 12th day of 
 July following, together with the Opinion and Sentence of the 
 Court Martial thereon, which have received His Majesty's ap- 
 probation, shall be read at the head of every regiment, and entered 
 in the regimental orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY C ALV E RT, Adj . Gen . 
 
 CHARGES 
 
 1st. That Lieutenant Neville, in a Letter, dated Fort Cumberland, 
 2d April, 1806, and sent by him the said Lieuteiiant NeviUe, to Lieute- 
 nant Colonel Gordon, for the purpose of being communieated to His 
 Royal Highness the Commander in Chief, and intending thereby to 
 have it believed by His Royal Highness, that Lieutenant General Wat- 
 son and Lieutenant Colonel Hamilton had improperly interfered at the 
 time of his (Lieutenant Neville's) exhibiting certain charges against 
 Noah Edvrard Le^vis, the Paymaster of the battahon, and that by sucli 
 interference they had intimidated the said Lieutenant from proceeding 
 in the prosecution of such charges, &c. 
 
 And in a subsequent part of the said. Letter, the said Lieutenant 
 Neville, ascribing the conduct of the said Lieutenant General Watson 
 to an improper motive of revenge, in consequence of some charge siip- 
 posed to have been made by him, the said Lieutenant Neville, against 
 the said Lieutenant General Watson, &c. &c. &c. such charges, imputa- 
 tions, and insinuations, being contraiy to the truth, to the discredit and 
 dishonour of the said Lieutenant General Watson and Lieutenant Colo- 
 nel Hamilton, and prejudicial to good order and discipline. 
 
 2d. That the said Lieutenant Neville, in another part of the said 
 Letter, accused Lieutenant Colonel Hamilton of having acted contrary 
 to his duty, and witli partiality to the Officers under his Command, &c. 
 such charges, imputations, and insinuations, being contrary to the truth, 
 and to the discredit and dishonour of the said Lieutenant Colonel Hamil- 
 ton, and prejudicial to good order and discipline. 
 
 OPINION aud SENTENCE. 
 
 The Court, iiaving duly and maturely weighed the charges 
 
 against the prisoner. Lieutenant John Neville, together with ^^'hat' 
 
 he has offered in defence, are of opinion that the prisoner is 
 
 Q 
 
226 M. Sutherrand) 
 
 Guilty of having written a letter to Lieutenant Colonel Gordon, 
 dated Fort Cumberland, 2d of April, 1806, for the purpose of 
 having it communicated to His Royal Highness the Commander ' 
 lii Chief, wherein the charges, imputations and insinuiations, ex- 
 pressed in the former part of the 1st charge exhibited against 
 the prisoner, as well as the latter part of the first charge (and 
 contained in a subsequent part of the said letter) are contrary 
 to the truth, to the discredit of Lieutenant General Watson, and 
 Lieutenant Colonel Hamilton, and prejudicial to good order and 
 discipline. 
 
 The Court are likewise of opinion that the former part of the 
 1st charge, as well as the whole of the 2d charge, have been 
 maliciously as well as falsely written ; separating from the latter 
 part of the 1st charge the malice stated, as it is in evidence 
 before the Court, that the report, although false and ill-founded, 
 respecting the Paymaster's having purchased his situation, had 
 not originated with the prisoner. 
 
 The Court, therefore, sentence the prisoner. Lieutenant John 
 Neville, of His Majesty's Sth Royal Veteran Battalion, to be dis- 
 missed from His Majesty's service. 
 
 Although the conduct of Lieutenant General Watson and 
 Lieutenant Colonel Hamilton has not been brought before this 
 Court, nor can the character of those Officers, who have served 
 His Majesty so many years, stand in need of their support, they 
 cannot close their proceedings without expressing their fullest 
 belief of the honour and integrity of those Officers. 
 
 The accounts of the Regiment appear also to be perfectly 
 correct. 
 
 CAPTAIN iENEAS SUTHERLAND.— 1806. 
 
 G. O. Horse Guards, 14 Avg. 1806. 
 
 It is His Royal Highness the Commander in Chiefs ordei- 
 that the following copy of a charge preferred against Captain 
 ^neas Sutherland, of the 93d Regiment of Foot, before a 
 General Court Martial, held at the Cape of Good Hope, on the 
 1st day of February, 1806, and continued by adjournments until 
 the Sth of the same month, together with the Sentence of the 
 
Lieut- Iters. 227 
 
 said Court Martial, which has received His Majesty's approba- 
 tion, shall b^ read at the head of every regiment, and entered in 
 the regimental orderly books, viz. 
 
 'Misbehaviour before the Enemy on the 8th of January, 1806, in 
 breach of the Articles of War.' 
 
 Of which charge the Court found him Guilty, and adjudged 
 him to be cashiered. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT IVERS.— 180^. 
 
 G. O, Horse Guards, 18 Avg. IS05. 
 
 It is His Royal Highness the Commander in Chief's order 
 tliat the following copy of charges preferred against Lieute- 
 nant Ivers, of the Royal African Corps, before a General Court 
 Martial, held at Morne Fortun^e, St. Lucia, on the 24th day of 
 February, 1806, together with the Sentence of the said General 
 Court Martial, which has received His Majesty's approbation, 
 shall be read at the head of every regiment,, and entered in the 
 reginiental orderly books. 
 
 By order of PL R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CHARGES. 
 
 l^t. For behaving in an ungentlemanlike and unofficerlike manner, 
 in making use of the most opprobrious and insulting language to Lieute- 
 nant Oliver, of the same regiment, on the night of theSlst Januaiy, and 
 on the morning of the 1st of February, 1806. 
 
 2d. For scandalous conduct, unbecoming an Officer and a Gentleman, 
 in requiring a non-commissioned Officer of his own regmient to attend 
 him in quality of second, at a meeting which was to take place between 
 himself and an Officer of the same regiment, on the 1st of February, 
 1806. 
 
 3d. For scandalous conduct, unbecoming an Officer and a Gentleman, 
 in proceeding when in a state of intoxication to meet an Officer of his 
 own regiment, in a duel, immediately under the Works of Fort Char- 
 lotte, on the 1st of Pebruaiy, 1806. 
 
 4th. For scandalous and infamous conduct, unbecoming an Officer 
 and a Gentleman, on the morning of the 1st February, 1806, in pre- 
 senting a loaded pistol at an Officer of the same regiment, and threaten- 
 ing his life, after he, the said Officer had been disarmed by a third 
 person. 
 
 Q a 
 
228 Lieut. Kiihy and G. Ford. 
 
 . 5th. For scandalous conduct, unbecoming an Officer and a Gentlemsin, 
 in threatening the life of the Serjeant Major, and of another non-commis- 
 sioned Officer of the regiment, with a loaded pistol, on the morning oif 
 the 1st Februaiy, 1806. 
 
 SENTENCE. 
 
 On the 1st, 2d, 4th and 5th Charges, the Court have found the 
 prisoner, Lieutenant Ivers, Guilty, and also so much of the 3d 
 charge as states him to have " proceeded to meet an Officer of 
 his own regiment, in a duel, on the 1st of February, 1806," but 
 acquit him of " proceeding when in a state of intoxication, and 
 immediately under the Works of Fort Charlotte." 
 
 The Court have, therefore, adjudged the said Lieutenant Ivers 
 to be dismissed His Majesty's service, and to be rendered incapa- 
 ble of ever serving His Majesty again. 
 
 LIEUTENANT KTRBY.— 1806. 
 
 Horse Guards, 30 Aug. 1805 
 At a General Court Martial, held at Columbo, in the Island of 
 Ceylon, on the 2oth of April, 1805, and continued by adjourn- 
 ments to the 27th of the same month. Lieutenant Kirby, of 
 
 the Ceylon Regiment, was tried " for being drunk oa guard, on 
 the evening of the 20th instant," of which crime the Court found 
 the prisoner G uilty, and adjudged him to be cashiered. 
 
 His Majesty has been pleased to confirm the said sentence ; 
 His Royal Highness the Commander in Chief directs that the 
 charge above stated, together with the Sentence of the Court, 
 shall be read at the head of every regiment, and entered in the 
 regimental orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN GEORGE FORD.— 1806. 
 
 Horse Guards, 30 Aug. 1805; 
 At a General Court Martial, held at Chichester, on the 1st of 
 August, 1806, and continued by adjournments to the 7th of the 
 same month, Captain George Ford, of the 2d Battalion, 50th 
 Regiment, was tried for appropriating to his private use, part 
 " of a sum of money which he received from the Paymaster 
 
R, IJoiiner and E. II. Madge. 229 
 
 on account of the subsistence of his- Company, from the 
 'ioth April to the 24th May, 1806," of which charge the Court 
 found the prisoner, Captain George Ford, Guilty, and in breach 
 of the Articles of War, and have adjudged him to be dismissed 
 His Majesty's service, and that he do forfeit the arrears due to 
 him on account of his pay, not exceeding the sum of ,£29 :11s. 
 7d., proved in evidence to have been appropriated by the pri- 
 soner to his own use, out of the money issued for the subsistence 
 of his company. 
 
 His Majesty has approved of the sentence of the Court Martial, 
 but in consideration of all the circumstances of the case, although 
 the prisoner's crime has been such as to preclude the possibility 
 of his remaining in His Majesty's service ; yet, in consequence of 
 the strong recommendation of the Court, and of his having been 
 wounded, and his former services having been long and me- 
 ritorious, His Majesty has been graciously pleased to direct that 
 the said Captain Ford shall be permitted to retire from the ser- 
 vice, receiving the value of his commission. 
 
 His Royal Highness the Commander in Chief directs that the 
 charge above stated, together with the sentence of the Court and 
 His Majesty's pleasure thereupon, shall be read at the head of 
 every regiment, and inserted in the orderly books. 
 
 By order of His Royal Highness. 
 
 HARRY CALVERT, Adj. Gen. 
 
 MAJOR R. HONNER, & CAPT. MADGE.- 1860. 
 
 G. O. Horse Guards, 1 Sqit. ISOff, 
 
 It is his Royal Highness the Cominander in Chief's order that 
 the following copies of charges exhibited before two General 
 Courts Martial, held at Columbo, in the Island of Ceylon, against 
 Major Robert Honner, and Captain Madge, ©fthe lyth Regi- 
 ment of Foot, together with the Sentences of the Courts Martial, 
 and His Majesty's pleasure thereon, shall be read at the head of 
 every regiment, and entered in the regimental orderly books. 
 By His Royal Highness's Command. 
 HARRY CALVERT, Adj. Gen. 
 
'■^30 R, Homier and E. II. Madge. 
 
 Ax a General Court Martial, held at CoKimbo, in the Island of 
 Ceylon, on the SOth of January, and continued by adjournments 
 to the 10th of February, 1806, Major Robert Honner, of the 
 J 9th Regiment of Foot, was tried on the following charges : 
 
 1st. 'For behaving in a manner unbecoming the character of an 
 Officer and a Gentleman, in having stated to Captain Madge, of the 
 19th Regiment, in the month of December last, that Major General 
 Maitland, at a coofgre^ce granted to SJE^W Honner for the specific pur- 
 pose of slating the reasons why he could not be recommended for pro- 
 motion, had promised to him (Major Honner) that if he would with- 
 draw his name for purchase, he (the Major General) would consider 
 himself bound in honour to protect him, and would provide for, and pro- 
 mote him at some future opportunity,' or words to that effect : such 
 statement being a falsehood derogatory to the character and subversive 
 of the authority of the Commander of the Forces, and a breach of the 
 Rules and Articles of War. 
 
 2d. ' For behaviour derogatory to the character, and subversive of 
 the authority of the sEud Major Honner, as Commanding Officer of the 
 19th Regiment, in ha\ing on or about the 15th of Sepfiember last, given 
 one or more blows or sboves to Captain Lawrence of the same regiment, 
 in the mess-room of the said re^ment, and in presence of Officers and 
 men of that corps ;' . being a breach of the Rules and Articles of War. 
 
 The Court have found the prisoner Guilty of the first charge, 
 as also of the second, but they are of opinion that in so acting. 
 Major Honner had no intention to insult Captain Lawrence, aud 
 ■was not actuated by anger towards him. 
 
 And the Court having found the prisoner, Major Honner, 
 Guilty as above, of breaches of the Rules and Articles of War, 
 have adjudged him to be cashiered. 
 
 His Majesty has approved of the Sentence of the Court Marr 
 tial ; but, in consideration of the recommendation of the Court, 
 in the X«ttpr addressed to the Governor, and under all the cir- 
 cumstances of the case. Major Honner having a wife and large 
 family, at Ceylon, and the wife being the daughter of an old and 
 deserving Officer who fell fighting in His Majesty's service. His 
 Majesty has been graciously pleased to direct, that a Majority of 
 Infantry shall be disposed of, for the benefit of the wife and fa- 
 mily of the said Major Honner. 
 
 At a General Court Martial, held at Columbo, in the Island of 
 Ceylon, on the 13th January, 1806, and continued, by adjourn- 
 
R. L. Yeamati, J. A. EUarJ, R. Biormi, S) A. Sandys, 251 
 
 ments, to the 20th of the same month, Captain E. H. Madge, of 
 the 19th Regiment of Foot, was tried 'for delivering a message, 
 or stating, from himself, to the Captains of the 19th Regiment 
 at a meeting held in the month of December last, or thereabouts, 
 " That Major Honner had received such concessions from Major 
 General Maitland that he was prevented applying for a Court 
 Martial, though it was his nearest wish; that Major Honner felt 
 perfectly satisfied with what had taken place, as Captain Madge 
 did himself, but that it was of so private a nature that he could 
 not reveal it," or words to this general tendency and effect : a 
 gross mistatement, derogatory to the character and subversive of 
 the authority of the Commander of the forces, and a breach of 
 the Rules and Articles of War;' of which charge the Court 
 have found the prisoner, Captain Madge, Guilty : but are of opi- 
 nion, that he was not the author of the above mis-statement, and 
 that, in repeating it, he had no intention of conveying a mis-state- 
 ment derogatory to the character and subversive of the authority 
 of the Commander of the Forces ; and have adjudged him, the 
 said Captain Madge, to be reprimanded in the severest and most 
 public manner, at such time and in such mode as to His Majesty, 
 in his wisdom, or to the Commander of the Forces at Ceylon, 
 may seem most meet and fitting. 
 
 His Majesty has approved of the Sentence of the Court Mar- 
 tial ; but as it appears, under all the circumstances of the case, that 
 Captain Madge stands in an equal degree of guilt with Major 
 Honner, the King has thought fit to direct that it be intimated 
 to Captain Madge, that His Majesty does not consider him a fit 
 person to bear His Majesty's commission, and that he should 
 retire from the service, selling his Commission at the regulated 
 price. 
 
 CAPT. R. L. YEAMAN, LIEUT. J. A. ELLARD, 
 A. BROWN, AND LIEUT. R. SANDYS.— 1806. 
 
 Horse Guards, 22 Sept. 1806. 
 
 At a General Court Martial, held at Fort George Madras, 
 
 on the 12th August, 1805, and continued by adjournments, to 
 
232 R. L. Yeaman, J. A. Ellard, R. Brozen, ^-J. Sanders. 
 
 the 24tU of the same month, Captain R. L. Yeaman, Lieutenant 
 J. A. Ellard, Lieutenant A. Brown, and Lieutenant R. Sandys, 
 .of the 34th Regiment of Foot, were arraigned on the following 
 .charges, viz. 
 
 1st. ' For behaving in a scandalons, infamous manner, such as is unbe- 
 coming the character of Officers and Gentlemen, in having (inspired 
 against the life of Captain.James Bull, of the 34tli Re^ment of Foot, 
 and in having cast lots to decide which of them should fight a duel with 
 the said Captain James BuU, after mutual explanations had passed be- 
 tween them and that officer on the subject of their difiBrence, and after 
 they had declared, by a written documoat, addressed to their Command- 
 ing Officer, that every thing on that subject was settled to their satisfac- 
 tion. 
 
 2d. ' Lieutenant A. Brown and Lieutenant R. Sandys are further 
 charged, with behaviour unbecoming the character of Officers and Gentler 
 men, in having, in the course and in the fiirtherance of the aforesaid 
 conspiracy, used expressions, in the guard-room at Vellore, regarding 
 the late Captain James Bull, grossly reflecting on his character, and im- 
 puting cowardice to him, in reference to a transaction in which they were 
 parties, and which they bad acknowledged to have been satisfactorily 
 adjusted. 
 
 3d. ' Lieutenant R. Sandys is further charged with neglect of duty and 
 irregular conduct, in having, on the evening of the 5th June, 1805, in 
 the course and in furtherance of the aforesaid conspiracy, quitted the 
 Fort of Vellore, when on duty, for the purpose of fighting a duel vrith 
 the late Captain James Bull, then also on duty ; an act contrary to the 
 established discipline of the army. 
 
 4th. • Lieutenant R. Sandys and Captain R. L. Yeaman are further 
 charged with giving, sending, or accepting a challenge, in furtherance of 
 the said conspiracy ; and, in consequence thereof, going out to fight a 
 duel vrith Captain James Bull, Lieutenant Sandys as principal, and Cap- 
 tain Yeaman as second, on the evening of the 5 th June, 1805 ; and 
 Lieutenant J. A. Ellard and Lieutenant A. Brovnie are charged with 
 having promoted the said duel.* 
 
 The Court have found the prisoners, Captain R. L. Yeaman, 
 Lieutenant J. A. Ellard, Lieutenant A. Browne, and'Lieutenant 
 R. Sandys, Guilty of the first charge. 
 
 Of the 2d charge, the Court have found the prisoners. Lieute- 
 nant A. Browne and Lieutenant R. Sandys, Guilty of 'behaviour 
 unbecoming the character of Officers and Gentlemen, in having, 
 in the course and in furtherance of the aforesaid conspiracy, used 
 expressions, in the guard-room at Vellore, regarding the late 
 Captain James Bull, of the same regiment, grossly reflecting on 
 his character, in imputing cowardice to him," in reference to a 
 transaction in which they were parties;' but the Court have given 
 
R. L. Yeamnn, J. A. EUaril, R. Brown, 8f A. Sandys. 233 
 
 it as their opinion, that those expressions were used previous to 
 the transaction alluded to having been satisfactorily adjusted. 
 
 The Court have found the prisoner, Lieutenant R. Sandys, 
 Guilty of the 3d charge. 
 
 Of the first part of the 4th charge, the Court have found the 
 prisoners, Lieutenant R. Sandys and Captain R. L. Yeaman, 
 Guilty, viz. ' giving, sending, or accepting a challenge, in further- 
 ance of the said conspiracy ; and, in consequence thereof, going 
 out to fight a duel with Captain James Bull, Lieutenant Sandys 
 as principal, and Captain Yeaman as second, on the evening of 
 the 5th June, 1805;' and Lieutenant J. A. Ellard and Lieute- 
 nant A. Browne, Guilty of the latter part thereof, viz. ' promot- 
 ing the said duel.' 
 
 And the Court, having found the prisoners. Captain Yeaman, 
 Lieutenants J. A. Ellard, A. Browne, and R. Sandys, Guilty, as 
 before specified ; and the same being in breach of the Articles of 
 War, have adjudged them to be cashiered. 
 
 The Court have recommended an entire remission of the Sen- 
 tence upon Lieutenant J. A. Ellard; it appearing that there were 
 alleviating circumstances in the case of that Officer, which render- 
 ed him an object of clemency ; m so far as he seemed not to have 
 been actuated by any violent degree of rancour or animosity 
 against the late Captain Bull ; but, merely as a member of the 
 regimental mess, he had been drawn in to cast lots which of the 
 prisoners should fight the deceased. 
 
 His Majesty has approved of the Sentence of the Court with 
 regard to Captain Yeaman, Lieutenant Brown, and Lieutenant 
 Sandys ; but, as there did not appear to be sufficient evidence to 
 convict Lieutenant Ellard, His Majesty has not thought fit to 
 confirm the Sentence of the Court Martial against that Officer ; 
 and, taking into consideration the circumstances of Lieutenant 
 Ellard's case, together with the recommendation of the Court, 
 has directed that he be pardoned, and restored to the functions of 
 his commission, as Lieutenant in the 34th Regiment. of Foot. 
 
 His Royal Highness the Commander in Chief directs that the 
 charges above stated, together with the Sentence of the Court, 
 and His Majesty's pleasure thereon, shall be read at the .head of 
 every regiment, and entered in the regimental oi;derly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
( 234 ) 
 
 ENSIGN DANIEL CROTTY.— 1806 
 
 Horse Guards, Oct. J 806. 
 At a General Court Martial, held at Horsham Barracks, on 
 the ]7tli September, 1806, and continued, by adjournments, to 
 the 20th of the same month. Ensign Daniel Crotty, of the 2d Bat- 
 talion 90th Regiment of Foot, was arraigned on the following 
 charges, viz. 
 
 1st. ' For (whilst in the Surgeon's report, and excused duty on that 
 account) appearing in coloured clothes at the Play-house, near Horsham, 
 behind the scenes, on the evening of the 28th August, 1806, and aftek-- 
 wards walking with some of the comedians in the streets of Horsham, on 
 the same night, at or after midnight. 
 
 2d. ' For visiting and familiarly associating with persons of a rank in 
 life below his situation, as an Officer in the British service, ^nce the ar- 
 rival of the battaUott in Horsham Barracks. 
 
 3d. ' For being concerned in an afiray at a pubUc-house, in the town 
 of Horsham, on Sunday night, the 7th September, 1806 5 which occa- 
 sioned a part of the garrison guard to be c^ed for, to the discredit of the 
 service, and to the disgrace of the 90th Regiment. 
 
 4th. ' For exhibiting a false charge against Ensign Stewart, of the 
 90th B^giment, on Sunday night, the 7th September, (instant) to Cap- 
 tain Gilland, of the 90th Regiment, with an intent of justifying his (En- 
 sign Crotty's) conduct at the expenle of Ensign Stewart's character ; ' 
 
 Upon which charges the Court Martial came to the following 
 decision : 
 
 The Court, having duly weighed and considered the whole of 
 the matter in question, is of opinion, that, with respect to so much 
 of the first charge exhibited against the prisoner, namely, ' for, 
 whilst in the Surgeon's report, and excused duty on that account, 
 appearing in coloured clothes, at the Play-house, near Horsham, 
 behind the scenes, on the evening of the 28th August, ISO6,' the 
 prisoner, Ensign Daniel Crotty, is Guilty. 
 
 But the Court, with respect to the remainder of the charge, 
 namely, ' and afterwards walking with some of the comedians, in 
 the streets of Horsham, on the same night, at or after middight,' 
 is of opinion that the prisoner is Guilty only of walking, at the 
 period stated in the charge, with an actress. 
 
 With reSpect to the 2d charge, the Court is of opinion that the 
 prisoner is Guilty. 
 
 But the Court, at the same lime, expresses its opinion, that a 
 
D. Ciotli/. 235 
 
 young man, of the prisoner's inexperience, might be misled into 
 an acquaintance with tlie persons stated in evidence, by the cha- 
 racter and rank in life of people whom he found associating with 
 them. 
 
 With respect to the third charge, the Court is of opinion that 
 the prisoner is Not Guilty of being concerned in the affray, but 
 used his utmost endeavours to quell it. 
 
 With respect to the fourth charge, the Court is of opinion 
 that the prisoner is Not Guilty of exhibiting any charge against 
 Ensign Stewart. 
 
 And the Court doth sentence and adjudge the prisoner. Ensign 
 Daniel Crotty, to be suspended from rank and pay for the space 
 of six months. 
 
 His Majesty has approved of the Sentence of the Court Mar- 
 tial ; but, taking into consideration the prisoner's having been ad- 
 judged by a General Court Martial (which was held upon his 
 conduct, on the 2 1 st July last,) to receive a public and severe re- 
 primand, and a caution as to his future behaviour, when the Court 
 stated, that they were induced to utter a sentence thus mild in 
 consequence only of the youth and inexperience of the prisoner, 
 and the short time he had been in His Majesty's service, and not 
 because they thought lightly of the offences he had committed, 
 and, under the circumstances of the prisoner's having, notwith- 
 standing such reprimand and caution, again, and within so short 
 a period as three months, so misconducted himself as to be 
 brought to trial by another General Court Martial, and by that 
 Court Martial adjudged to be suspended from pay and rank for 
 six months. His Majesty cannot but consider the prisoner as a 
 most unfit person to bear His Majesty's Commission ; and has, 
 therefore, been pleased to command that Ensign Daniel Crotty 
 shall be dismissed his service. 
 
 His Koyal Highness the Commander in Chief directs that the 
 charges before stated, together with the Sentence of the Court, 
 and His Majesty's pleasure thereupon, shall be read at the head 
 of every regiment, and inserted in the orderly books. 
 
 By order of His Royal Highness. 
 
 HARRY CALVERT, Adj. Gen. 
 
( 236 ) 
 
 LIEUT. THOMAS BURTON BEDFORD.— 1806. 
 
 Horse Guards, 24 Oct. 1806. 
 ' At a General Court Martial, held at Horsham Barracks, on 
 the 20th September, 1806, Lieutenant Thomas Burton Bedford, 
 of the 2d Battalion of the -1st (or Royal) Regiment of Foot, was 
 tried upon the following charge, viz. 
 
 ' 'For behaving in a scandalous and infamous manner, unbecoming the 
 character of an Oificer and a Gentleman, on the night of the 7th Sep- 
 tember, at Horsham.' 
 
 The Court Martial, having considered the evidence adduced in 
 support of the above charge, was of opinion that the prisoner. 
 Lieutenant T. B. Bedford, was Guilty, and adjudged him to be 
 dismissed from His Majesty's service ; and His Majesty having 
 been pleased to confirm the said Sentence, his Royal Highness 
 the Commander in Chief directs that the same shall be read at 
 the head of every regiment, and entered in the regimental orderly 
 
 books. 
 
 By order of His Royal Highness. 
 
 HARRY CALVERT, Adj. Gen. 
 
 QUARTER MASTER F. W. MURRAY.— 1806. 
 
 Horse Guards, 10 Nm. 180C. 
 
 At a District Court Martial, held at Hounslow Barracks, on 
 the 14th October, 1806, and continued by adjournments to the 
 18th of the same month. Quarter Master Frederick William 
 Murray, of the l6th (or Queen's) Regiment of Light Dragoons, 
 wa;s arraigned upon the following charges, viz. 
 
 1 St. 'For keeping the books of the troop, in vehich he is Quarter Mas- 
 ter, in a most irregular and negligent manner, contrary to the custom 
 and order of the regiment. 
 
 ■ 2d. ' For supplying men of the troop with necessaries, between the 
 periods of 24th December, 1805, and the 24th August, 1806, in a man- 
 ner highly improper and injurious to the service. 
 
 3d. ' For selUng, without orders from the Commanding Officer, un- 
 dress jackets, being part of the' clothing of the regiment, the property 
 of Greneral Harcourt, and charging the same to the men without re- 
 placing them.' 
 
F. TV. Murray. 237 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having duly and maturely weighed, the charges 
 against the prisoner, together with what he has offered in his de- 
 fence, are of opinion, , 
 
 In regard to the 1 st charge, that he is Guilty. 
 
 In respect to the 2d charge, that he is Guilty. 
 
 In respect to the Sd charge, that he is Guilty, being a breach 
 of the Articles of War. 
 
 The Court, impressed with a sense of the important duties re- 
 quired of a Quarter Master, and the absolute necessity of a strict, 
 observance of, and obedience to, all orders and established cus-. 
 toms of the regiment, without which the service cannot possibly 
 be carried on, feel it their duty to sentence, and do hereby sen- 
 tence the prisoner to be suspended from rank and pay, as Quar- 
 ter Master in the l6th(or Queen's) Light Dragoons, for the space 
 of six calendar months. 
 
 In awarding this Sentence, the Court are actuated by a wish 
 to hold out to the army in general an example, by. which Quarter 
 Masters may know that it is their bounden duty, not only to be 
 just in their accounts, but to pay the most implicit obedience to 
 all orders and regulations intended for the interior management 
 and economy of their respective troops. 
 
 The Court cannot conclude their proceedings, without begging 
 leave most honourably to represent to His Majesty the gciod 
 character of the prisoner, as given in evidence, likewise their be- 
 lief, that in all the transactions alluded to in the charges, no fraud 
 whatsoever seems to attach. In consequence thereof, do, with 
 profound submission, humbly recommend the prisoner to His 
 Majesty's most gracious clemency. 
 
 His Majesty has approved of the Sentence of the Court; but 
 in consideration of the particular circumstances of the prisoner's 
 case, and the recommendation of the Court, His Majesty was. 
 jjleased to extend his most gracious pardon to the prisoner, and 
 to command that he should be restored to the functions of his 
 duty, as Quarter Master in the l6th Light Dragoons. 
 
 His Majesty has also been pleased to command, that the General 
 Officer commanding the Brigade in which this corps is placed, 
 may be instructed to acquaint the Commanding Officer, that on 
 
238 .7. Walker. 
 
 a review of the proGeeding&: of the Court it appeared to His 
 Majesty, that tlie misconduct of the Quarter Master ought to 
 have been checked in the first instance, by, the Captain of the 
 troop, or the Commanding Officer of the regiment, making fre- 
 quent inspections into the books and accounts of these men, as, 
 although it may be the special duty of a Quarter Master of Ca- 
 valry to take charge of the troop books and accounts, it never 
 can be permitted that the Captain or Officer commanding, should 
 be a passivie spectator of such regimental duty ; and it is evident 
 from the proceedings, that the prisoner's irregularity arose, not 
 from any intentional neglect, or attempt at fraud, but solely from 
 a want of controul and instruction from his superior OfiScers. 
 
 His Royal Highness the Commander in Chief is pleased to 
 direct, that the charges before stated, together with the Sentence 
 of the Court, and His Majesty's pleasure thereon, shall be read 
 at the head of every regiment, and entered in the regimental or- 
 derly books. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN J. WALKER.— 1806. 
 
 Horse Guards, 17 Won. 1805. 
 At a General Court Martial, held at Parkhurst Barracks, on 
 the 13th October, 1806, and continued by adjournments to the 
 l6th of the same month, Capt. J. Walker, (of Colonel Baillie's ' 
 Corps) was arraigned upon the following charges, viz. 
 
 1st. ' For being dmnk on the 11th September, 1806, in the town of 
 Newport, when Captain of the day, and for having on the same night 
 made use of language unbecoming the character of an Officer and a 
 (jrentleman, to Ensign Sheehy, of the 59th Regiment, commanding the 
 Town Guard of Newport, to the prejudice of good order and military 
 discipline. 
 
 2d. ' For being drunk on the night of Sunday, the 14th of September, 
 1806, between the hours of six and twelve, and for drinking and asso- 
 ciating in the public Canteen, at Parkhurst Barracks, with Robert Gid- 
 ney, a private soldier of the 47th Regiment, and for having on the same 
 night, and in the said Canteen, made use of language unbecoming the 
 character of an Officer and a Gentleman, by saying, in the presence of 
 the said Robert Gidney and other private soldiers, that the 72d Regi- 
 ment of Foot were a set of thieves ; and for having, on the same night. 
 
J. Walker. 239 
 
 between the hours of six and ten, entered the men's Guard-room, in 
 Parkhurst Barracks, dressed in a Serjeant's jacket, and then and there 
 associated with several private soldiers, to the prejudice of good, order 
 and militaiy discipline. 
 
 3d. ' For behaviour unbecoming the character of an Officer and a 
 Gentleman, in having on the morning of the 15th of September last, be- 
 tween the hours of nine and twelve, interrupted Lieutenant M'Bherson 
 of the 59th Regiment, and for abusing the said Lieutenant in the pre- 
 sence of the soldiers, while in the execution of his duty ; and for having, 
 on the same evening, made use of abusive language to Ensign Scott of 
 the African Corps, and for having assaulted the said Ensign Scott, with- 
 out any provocation for so doing, to the prejudice of good order and mi- 
 litary discipline.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having maturely and deliberately weighed and con- 
 sidered what has been offered on the part of the prosecution, as 
 well as what has been brought forward in the prisoner's de- 
 fence, is of opinion with respect to each charge, as follows : 
 
 With respect to the 1st article of charge, the Court is of 
 opinion that the prisoner. Captain Walker, is Not Guilty,, and 
 does therefore acquit him of the same. 
 
 With respect to the 2d article of charge, the Court is of opi- 
 nion that the prisoner is Guilty of entering and sitting in the tap- 
 room of the Canteen, with Robert Gidney, a private soldier in 
 the 47th Regiment of Foot, on the evening of the 14th Septem- 
 ber last, and of having on the same evening of that day, entered 
 the men's Guard-room, dressed in a Serjeant's jacket, and then 
 and there associating with several private soldiers, to the pre- 
 judice of good order and military discipline ; but the Court is of 
 opinion that he is Not Guilty of any other part of the charge, and 
 does therefore acquit him of the same. 
 
 With respect to the 3d article of charge, the Court is of opi- 
 nion that the prisoner is Guilty of having interrupted Lieutenant 
 M'Pherson in the execution of his duty, on the morning-parade 
 of the 15th of September last, and of behaviour unbecoming the 
 character of an Officer and a Gentleman, in having on the same 
 morning made use of abusive language to Lieutenant M'Pherson, 
 of the 59th Regiment, and the Court does also find the prisoner 
 Guilty of very improper and unbecoming conduct towards En- 
 sign Scott, of the Royal African Corps, but not to the extent as 
 specified in the charge ; and, in consideration of the whole mat- 
 
240 W. Heady. 
 
 ter before them; the Court does adjudge the prisoner. Captain 
 Walker, t.o be cashiered. 
 
 But in consequence of the Wounds, length of service, and un- 
 settled state of the prisoner's mind (as appears from the several 
 parts of the evidence), the Court humbly hopes it does not ex- 
 ceed the limits of its duty, in submitting these circumstances to 
 His Majesty's most gracious consideration. 
 
 His Majesty has been pleased \a approve of the sentence of 
 the Court Martial, whereby the prisoner, Captain Walker, is ad- 
 judged to be cashiered; but, in consideration of all the circum- 
 stances of the case, as stated upon the proceedings. His Majesty 
 is graciously pleased to direct that Captain Walker should be 
 permitted to receive the regulated value of such commissions as 
 he purchased, viz. his Lieutenancy and Ensigncy. 
 
 His Royal Highness the Commander in Chief directs that the 
 charges before stated, together with the Sentence of tbe Court, 
 and His Majesty's pleasure thereupon,. shall be read at the head 
 of every regiment, and inserted in the orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 QUARTER MASTER WILLIAM HEADY.— 1806. 
 
 EoTSt Guards, 28 Nov. 1806. 
 
 At a General Court Martial held at Exeter, on the £7th and 
 SSth October, 1806, Quarter Master William Heady, of the 
 3d (or Prince of Wales's) Regiment of Dragoon Guards, was 
 arraigned on the following charges, viz. 
 
 1st. ' For having while the regiment was quartered at Manchester 
 barracks, viz. between the 11th January, and the 25th February, 1806, 
 received from the Contractor for forage, or his agent, Mr. Cooper, a 
 sum of money to the amount of £6 : Os. Od., or thereabouts, as a com- 
 pensation for oats, which ought to have been delivered to the regimental 
 horses, and were not delivered, and for appropriating the said sum of 
 money to his own use, being contrary to orders. 
 
 2d. ' For having, while the regiment was on its march from Man- 
 chester to Exeter, (at Tewksbury) on the 4th March, 1806, retained a 
 certain quantity of oats issued for the use of the troop horses, which he 
 never delivered, belonging to Captain Hanis's troop, and ako at Bridge- 
 water, on the 10th of the same month, retained a certain quantity of 
 oats, from- the allowance of the horses, which several quantities were 
 
W^. Heady. 241 
 
 left with the different purveyors, he (Quarter Master Heady> receiving 
 a certain sum of money in lieu thereof, and applying the same to his own 
 use, being contrary to orders.' 
 
 Upon which Charges, the Court came to the following decision : 
 The Court, having deliberately and maturely considered the 
 evidence adduced in support of the prosecution, as also the 
 evidence brought forward by the prisoner in his defence, is of 
 opinion that he is NotGuilty of the 1st charge, and. the 2d part 
 of the 2d charge, and doth therefore acquit him of the same. — 
 With respect to the 1st part of the 2d charge, viz. 'having re- 
 tained, a certain quantity of oats issued for the use of the troop 
 horses,' which he never delivered, belonging to Captain Harris's 
 troop, the Court is of opinion that he is Guilty, and doth there- 
 fore sentence him. Quarter Master William Heady, to be pub- 
 licly reprimanded, by the president of the Court, when and where 
 His Majesty may be most graciously pleased to appoint. 
 
 The Court, in maturely considering the evidence brought before 
 them, cannot avoid observing, that there appears to be very 
 strong reason to suspect the accusation proceeded from motives 
 of malice and revenge, and think it their duty also to observe, 
 that in finding the prisoner Guilty of a breach of order, in the 
 first part of the second charge, they consider that it has been 
 committed without any design of benefitting himself, and solely 
 for the purpose of repaying the agent, at Kidderminster, for the 
 corn that was overdrawn by the negligence of the prosecutor. 
 
 His Majesty was pleased to confirm the Sentence of the Court 
 Martial, observing, however, that it was not for His Majesty to 
 direct the time and place of inflicting punishmest. 
 
 His Majesty having observed, on the face of the proceedings, 
 an entry made on the 28th October, viz. " of public notice to 
 the parties concerned, that the Court consisted of fifteen mem- 
 bers, when the opinions of the members are Collected, the junior 
 Officers will not vote ! !" has been pleased to command that the 
 Court Martial may be informed that they do not appear to have 
 been sufficiently instructed in the practice of Courts Martial, it 
 being proper, on every account, that every member who is sworn 
 on a Court Martial, and who has not been prevented from attend- 
 ing, should give his opinion (each party, the prosecutor and pri- 
 
 B 
 
942 C.'H. Dremry. 
 
 soner having aTight to such opinion), and His Majesty has there- 
 fore been pleased to command, that his pleasure should be de- 
 clared, that the vote of no Officer, who is sworn on a Court Mar- 
 tial, ought to be dispensed with, merely on account of the num- 
 ber of members exceeding thirteen. 
 
 His Royal Highness the Commander in Chief is pleased to 
 direct that the charges before stated, together with the Sentence 
 of the Court and His Majesty's pleasure thereon, shall be en- 
 tered in the regimental orderly books of every corps. 
 
 By order of His Royal Highness. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUT. GEORGE HENRY DREWRY.— 1806. 
 
 Horse Guards, 20 Dec. 1806. 
 
 At a General Coiirt Martial, held at Portsmouth, on the 17th 
 
 November, 1806, and continued by adjournments to the 19th 
 
 of the same month. Lieutenant George Henry Drewry, of the 
 
 1st Garrison Battalion, was arraigned on the following charges, 
 
 viz. — 
 
 1st. ' For coming drunk into the mess-roonij on Sunday evening, 
 the 26th of October last, at or about the hour of seven o'clock, and con- 
 ducting himself in a disorderly and un gentlemanlike manner, so much 
 so that Lieutenant Colonel Alexander, the Commanding Officer, being 
 present, was obliged to put him under an aiTest. 
 
 2d. 'For breaking his aiTest in coming to the mess-room, on Mon- 
 day (the following evening,) about five o'clock, being drunk at that hour, 
 and making use of scandalous language, unbecoming the character of an 
 Officer and a Gentleman, to Ensign Wheeler, of the same regiment.' 
 
 Upon which cliarges the Court Martial came to the following 
 decision : — 
 
 The Court having maturely weighed the evidence against the 
 prisoner. Lieutenant G. H. Drewry, together with what has 
 been oiFered in his defence, are of opinion that he is Guilty of 
 the first charge exhibited against him. 
 
 With respect to the second charge, the Court are of opinion 
 that the charge of 'breaking his arrest,' has not been proved against 
 the prisoner, but they are of opinion that he is Guilty of having 
 been drun^, and of having used the language stated in the latter 
 part of that charge. 
 
J. O'Reilly. 243 
 
 They do therefore sentence him, the prisoner, Lieutenant G. H. 
 Drewry, to be suspended from rank and pay, for the space of 
 three calendar months. 
 
 The Court most humbly submits to His Majesty's Royal de- 
 cision, the former services, as well as the unhappy state of the 
 prisoner, subsequently to the commission of the crime which 
 has been under the investigation of the Court. 
 
 His Majesty is pleased to approve of the Sentence of the 
 Court Martial, and to direct that the same should be carried into 
 effect. 
 
 His Royal Highness the Commander in Chief directs that the 
 charges before stated, together with the Sentence of the Court 
 and His Majesty's confirmation thereof, shall be read at the head 
 of every regiment, and inserted in the orderly books. 
 
 By order of His Royal Highness. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Drewry is now a retired Lieutenant of the 
 late 1st Royal Veteran Battalion. — Editor. 
 
 CAPTAIN JAMES O'REILLY.— 1806. 
 
 Horse Guards, 20 Dec. 1 S06. 
 
 At a General Court Martial, held at Gosport Barracks, on the 
 3d of November, 1806, and continued by adjournments to the 
 15th of the same month, Captain James O'Reilly of the 2d Batta- 
 lion, 31st Regiment, was arraigned on the following charges, viz. 
 
 1st. ' For having, at or about eleven o'clock, on the night of 7th Oc- 
 tober, sent a message to Captain William Lodge, of the same regiment, 
 challenghig him to fight a duel, at a time when the conduct of both was 
 under the investigation of the Commanding Officer, being a breach of the 
 Articles of War. 
 
 2d. ' For behaviour highly derogatory to, and unbecoming the cha- 
 racter of an Officer and a Gentleman, in having, on the morning of the 
 8th October, made use of opprobrious and insulting language to Captain 
 Lodge, and for having strack him several times with a horsewhip, on 
 Forton Barrack parade-ground, in presence of Officers and men of that 
 corps, and also for aftei-wards attempting to draw his sword upon the 
 said Captain Lodge, from eflfecting which he was prevented by, the Ser- 
 jeant Major of the regiment.' 
 
 Upon which charges the Court Martial came to the following 
 decision: — 
 
244 J. Stanton. 
 
 The Court having duly considered the evideiice in support of 
 the prosecution, together with the defence made by the prisoner, 
 are of opinion that the prisoner is Guilty of both the charges ex- 
 hibited against him, except tlie latter part of the 2d charge, viz. 
 ' attempting to draw his sword upon the said Captain Lodge.' 
 And the Court do therefore sentence him, the said Captain 
 James O'Reilly, to be cashiered. 
 
 Having discharged the painful duty of awarding that sentence 
 Tvhich cuts off an Officer from His Majesty's service, yet in 
 consideration of the youth and former good character of the 
 prisoner, the Court most humbly beg leave to approach His 
 Majesty's Royal person, with a recommendation of the prisoner 
 to His Majesty's mercy. 
 
 His Majesty does not approve of the finding of the Court 
 Martial on the first charge, upon the ground that the evidence 
 is insufficient to support that charge. But His Majesty is 
 pleased to approve of the finding of the Court, upon the second 
 charge, and to confirm the sentence, whereby Captain O'Reilly 
 is adjudged to be cashiered ; as notwithstanding the recommen- 
 dation of the Court, the offence of which Captain O'Reilly is 
 found Guilty, appears to His Majesty so subversive of all dis- 
 cipline, and such a flagrant violation of the rules of the service, 
 that His Majesty does not consider him a fit person to bear His 
 Majesty's commission. 
 
 His Royal Highness the Commander in Chief directs that the 
 charges before stated, together with the Sentence of the Court 
 and His Majesty's pleasure thereupon, shall be read at the head 
 of every regiment, and inserted in the orderly books. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 SURGEON JOHN STANTON.— 1807. 
 
 Horse Gvards, 9 Jan. 1807. 
 
 At a General Court Martial, held at the Royal Hospital, at 
 
 Chelsea, on the 1 6th and 17th December, 1806, Surgeon John 
 
 Stanton, of the 2d Regiment of Tower Hamlets Militia, was 
 
 arraigned upon the following charge, viz. 
 
A. Cox. 2^5 
 
 ' For conduct unbecoming the chciracter of an Officer and a Gentle- 
 nianj in obtaining from Mr. James Young, Sxirgeon, on or about the 
 20th of April, 1805, at Mr. Stanton's bouse, in the Strand, the sum of 
 forty pounds, in part of sixty, demanded of the said James Young, for 
 the purpose of procuring for the said James Young, the situation of 
 Assistant Surgeon, together with a commission of Ensign in the Royal 
 East London Regiment of Militia, on the false pretence that the said 
 sum of forty pounds was to be paid to two Officers of the Royal East 
 London Regiment of Militia, to procure their interests in obtaining for 
 the said James Young, the two appointments of Assistant Surgeon and 
 Ensign in the above-named Regiment of Royal East London Militia.' 
 
 Of which charge the Court Martial were of opinion, that John 
 Stanton, of the 2d Regiment of Tower Hamlets Militia, was 
 Guilty, and accordingly adjudge that the said John Stanton 
 should be dismissed from His Majesty's service. 
 
 His Majesty having been pleased to approve of the sentence 
 of the Court Martial, it is His Royal Highness the Commander 
 in Chief's pleasure that the same shall be read at the head of 
 every regiment, and entered in the regimental orderly books. 
 By order of His Royal Highness. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. See page 194 for the proceedings on a previous Court 
 Martial, held on Surgeon Stanton. — Editor. 
 
 ENSIGN ALLEN COX. 1807. 
 
 Horse Guards, 9 Jan. 1807- 
 At a General Court Martial, held at Parkhurst Barracks, on 
 the 2>3d and 24th December, 1806, Ensign Allen Cox, of the 'iOth 
 Regiment of Foot, was arraigned on the following charges, viz. 
 
 1st. ' For disobedience of the Garrison Standing Orders of the 2d 
 of March and 22d June, 1804, and the 25 th August and 18th Septem- 
 ber, 1805, and the 28th May, 180G, for the guidance of Officers when 
 in tlie sick report, and for conduct unlike an Officer and a Gentleman, 
 by being, when on the sick report, out of his quarters after midnight, 
 between the 27th and 30th of November last, in the town of Newport, 
 and there and then getting into an aflFray with a watchman or peace- 
 officer, for which he was confined in the common bridewell, by the civil 
 power, to the prejudice of good order and militai-y discipline. 
 
 2d. ' For disobedience of orders, in not embarking in the Mayflower 
 transport, agreeably to the Commanding Officer's (Lieut. Col. Barlow) 
 orders, communicated by the Adjutant, Captain Baylis, on the 4th inst. 
 
246 A. Cox. 
 
 (December), and for wilfully making a false report to the said Captain 
 Baylis, by letter (without date) received by the said Captain Baylis, on 
 the 5 th instant, of having so done, to the prejudice of good order and 
 military discipline.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having taken into consideration what has been ad- 
 duced on the part of the prosecution, as well as what has been 
 oiFered by the prisoner in his defence, is of opinion with respect 
 to each charge, as follows : 
 
 With respect to the 1st charge, the Court is of opinion that 
 the prisoner, Ensign Allen Cox, is Guilty. 
 
 With respect to the 2d article of charge, the Court is of opinion 
 that the prisoner is Guilty, and upon the whole matter before 
 them, the Court does adjudge the prisoner. Ensign Allen Cox, 
 to be dismissed from His Majesty's service. 
 
 But in consequence of some circumstances in favour of the 
 prisoner, as recorded on the proceedings, his youth and inexperi^ 
 ence, the very proper behaviour of the prisoner before the Court, 
 and his great contrition, the Court most humbly beg leave to 
 recommend him to His Majesty's mercy. 
 
 His Majesty has been pleased to approve of the finding, and 
 to confirm the Sentence of the Court Martial, and as it appears 
 upon the proceedings, that the orders which the prisoner has 
 disobeyed, have been repeatedly issued and made known to the 
 Officers, as they have respectively arrived at the d6p6t, and that 
 it has been found necessary to repeat them no less than five times, 
 since the 2d March, 1804, His Majesty considers it a necessary 
 example, for the good of the service, that the sentence should be 
 carried into effect, and Ensign -Cox dismissed His Majesty's 
 service. 
 
 His Royal Highness the Commander in Chief directs that the 
 charges before stated, together with the sentence of the Court 
 and His Majesty's pleasure thereupon, shall be read at the head 
 of every regiment, and inserted in the orderly books. 
 
 By order of His Royal Highness. 
 
 HARRY CALVERT, Adj. Gen. 
 
T. Price and E. W. Gardner. 247 
 
 LIEUTENANT JAMES DOUGAN.— 1807. 
 
 Horse Guards, 20 Feb. 1 807. 
 
 At a General Court Martial, held at Cork, on the 12th Novenir 
 ber, 1806, Lieutenant James Dougan, of the 2d Garrison Batta- 
 lion, was tried, 
 
 ' For having, when employed as a Recruiting Officer for the county of 
 Cork, during the operation of the Additional Force Act, misapplied sums 
 of money entrusted to his care, for the payment of hounty and sub- 
 sistence to men, raised under the said act, to the prejudice of good order 
 and military discipline.' 
 
 The Court having considered the evidence laid before them, 
 for the prosecution, as also what was offered by the prisoner in 
 his defence, found that he, Lieutenant Dougan, was guilty of the 
 charge exhibited against him, he having, in the opinion of the 
 Court, embezzled the sum of ^170 : Is. Id. (as stated in Captain 
 Kenna's account) with which he was entrusted, for the recruit- 
 ing of men for His Majesty's service, and adjudged that he, the 
 said Lieutenant James Dougan, shall be dismissed His Majesty's 
 service, and that all arrears of his pay (if any) should be stopped, 
 in order to make good the said embezzlement of =£l70 : Is. id. 
 
 His Majesty approved of the opinion and sentence of the 
 Court Martial, and directed that the same should be carried mto 
 effect. His Majesty, at the same time, commanded that it might 
 be intimated to Captain Kenna, that his conduct, in not produc- 
 ing the voucher of his account, was highly improper, and deserv- 
 ing of His Majesty's censure. 
 
 His Royal Highness the Commander in Chief directs that 
 the charge before stated, together with the Sentence of the Court, 
 and His Majesty's pleasure thereupon, shall be entered in the 
 orderly books of every regiment. 
 
 By order of His Royal Highness. 
 
 HARRY CALVERT, Adjt Gen. 
 
 PAYMASTER THOMAS PRICE and LIEUTE- 
 NANT R. W. GARDNER.— 1807. 
 
 G. O. Horse Guards, 26 Feb. ] 807. 
 
 His Royal Higlmess the Commander in Chief directs that the 
 
 cl)aiges hereunto anne.xed, which have been preferred "respectively 
 
a48 T. Price. 
 
 against Paymaster Thomas Price, of the 55th Regiment, and lieu- 
 tenant R. W. Gardner, of the 54th Regiment, together with the 
 Sentences of the Courts Martial and His Majesty's pleasure 
 thereon, shall be entered in .the orderly books of every regiment. 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 At a General Court Martial, held at Kingston, Jamaica, on the 
 1st of December, ^ 1806, and continued by adjournment to the 
 Sd of the same'montli. Paymaster Thomas Price, of the 55th Re- 
 giment of Foot, was arraigned upon the following charge, viz. 
 
 ' For conduct highly unbecoming the character of an Officer and a 
 Gentleman, in entering into reciprocal abuse, and disgracefully boxing 
 with Lieutenant R. W. Gardner, of the 54th Regiment, in the Officers' 
 Mess-room, at Up Pai'k, on the evening of the 18th November, 1806, 
 and for renevfing the contest after having been forcibly separated by 
 Patrick Fitzgerald., a private soldier of the 55th Regiment, by striking 
 the said R. W. Gardner in the most unmanly manner, whilst his arms 
 were confined by the said Patrick Fitzgerald.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having fully and maturely weighed and considered 
 the evidence and information in support of the charge exhibited 
 against the prisoner. Paymaster Thomas Price, with that produ- 
 ced in his defence, was of opinion that he was Not Guilty of the 
 first part of the charge, viz. ' for conduct highly unbecoming the 
 character of an Officer and a Gentleman, in entering into recipro- 
 cal abuse, and disgracefully boxing with Lieutenant R. W. Gard- 
 ner, of the 54th Regiment, in the Officers' Mess-room, at Up 
 Park, on the evening of the 10th November, 1806.' The Court 
 therefore acquitted the prisoner of that part of the charge. But 
 the Court was of opinion that he was guilty of the latter part of 
 the charge, viz. ' and for renewing the contest, after having been 
 forcibly separated by Patrick Fitzgerald, a private soldier of the 
 55th Regiment, by striking the said Lieutenant R. W. Gardner in 
 the most unmanly manner, whilst his arms were confined by the 
 said Patrick Fitzgerald,' in breach of the Articles of War, and 
 therefore sentenced the prisoner. Paymaster Thomas Price, to be 
 cashiered ; but in consideration of his youth, inexperience, pnd of 
 the very great provocation and insults he had received, the Court 
 most humbly recommended him to mercy. 
 
J.Maekemie. 249 
 
 His Majesty has been pleased to approve and confirm the opi- 
 nion and sentence of the Court, and although it is much to be 
 regretted that Paymaster Price should have been led into such dis- 
 grace, yet the charge of which he has beeen found Guilty is so 
 strong, and his conduct appearing upon the proceedings to have 
 been so grossly improper, that'His Majesty was pleased to com- 
 mand that the sentence should be carried into effect. 
 
 At a General Court Martial, held at Kingston, Jamaica, on the 
 t2d of December, 1806, and continued by adjournments to the 
 6th of the same month, Lieutenant Richard Winter Gardner, of 
 the 54th Regiment of Foot, was arraigned upon the following 
 charge, viz. 
 
 ' For conduct highly unbecoming the character of an Officer and a 
 Gentleman, in grossly abusing and threatening Paymaster Thomas Price, 
 of the 55th Regiment, by calling him a " Puppy,'' and declaring he 
 would pull his nose, and for disgracefully boxing with the said Paymaster 
 Thomas Price, in the Officers' Mess-room, at Up Park, on the evening of 
 the 18th November, and kneeling upon and beating him, whilst on the 
 floor, until forcibly separated by Patrick Fitzgerald, a private soldier of 
 the 5dth Regiment.' 
 
 Upon which charge the Court came to the following decision : 
 The Court, having fully and maturely weighed and considered 
 the evidence and information in support of the charge exhibited 
 against the prisoner, Lieutenant R. W. Gardner, with that pro- 
 duced in his defence, was of opinion that he was Guilty of the 
 charge, in breach of the Articles of War, and the Court there- 
 fore sentenced the prisoner. Lieutenant R. W. Gardner, to be 
 cashiered. 
 
 His Majesty has been pleased to confirm the Sentence of the 
 Court Mart.al, atid to command that the same should be carried 
 into effect. 
 
 ENSIGN JOHN MACKENSIE.— 1807. 
 
 Horse Guards, 26 May, 1807. 
 
 At a General Couit Martial held at Monie Fortun^e, St. Lucia, 
 
 on the 15th January, 1807, and continued by adjournments to the 
 
 22d of the same month. Ensign John Mackensie, of the Royal 
 
250 J.Mackensie- 
 
 West India RaHgers, was arraigned upon the following charges 
 viz. — 
 
 1st. ' For feeing drunk, on duty, on the 23d December, I6O6. 
 
 2d. ' For conduct highly unbecoming the character of an Officer and 
 a Gentleman, on the same day, in going into the Canteen in a state of 
 intoxicaftion, sitting down there, and drinking grog, publicly, in the open 
 day. 
 
 3d. ' For conduct highly unbecoming Ike situation of an Officer, on 
 the above day, in going very drunk in the open day into the Soldiers 
 Barrack-room, there sitting in the most famiMar manner with a Serjeant 
 of the York Light Infantry Volunteers, and in that situation, before all 
 the private men in the Barracks, endeavouring to procure grog to 
 ■drinJi with him, and not desisting until ordered into arrest by Major 
 Turner. 
 
 4th. ' For riotous- «nd unwan-antable conduct, on the same day, in 
 ordering all the market-women to be confined; and forcing (by his au- 
 thority) of the Officer of the day, the non-commissioned Officer com- 
 manding the main Guaj-d, to confine four of them in the Guard-house, 
 vrithout any known reason. 
 
 5th. ' For striking with a stick, and confining, unnecessarily, a Corpo- 
 ral of the 6th West India Regiment.' 
 
 The Court, having duly and maturely weighed and considered 
 the evidence produced in support of the charges, as well as the 
 defence made by the prisoner. Ensign Mackensie, found him 
 Guilty of the ] st, 2d, and 3d charges, but acquitted him of the 
 4th and 5th charges, and sentenced him to be cashiered. 
 
 But the Court, in performing this part of their duty, hoped to 
 be permitted (viewing the length of service of the prisoner and 
 his heretofore diligent discharge of his duties) to offer him as an 
 object of His Majesty's clemency. 
 
 His Majesty has been pleased to approve of the opinion of 
 the Court, and to command that the sentence should be carried 
 into effect ; His Majesty, considering an officer who could be 
 guilty of drinking to intoxication in the Canteen, in open day, in 
 presence of the soldiers of the regiment, and exposing himself 
 in that situation to the observation of the men in the Barrack- 
 rooms, affording thereby so scandalous an example to those under 
 his command, an improper person to bear His Majesty's com- 
 mission. 
 
 His Royal Highness the Commander in Chief is pleased to 
 direct that the charges before stated, together with the SetltencS 
 
J. Kai/. 251 
 
 of the Court, and His Majesty's pleasure thereon, shall be enter- 
 ed in the orderly books of every corps. 
 
 By order of His Royal Highness. 
 
 HARRY CALVERT, Adjt. Gen. 
 
 HOSPITAL MATE ANDREW MANNING. 1807. 
 
 Horse Guards, 27 May, 1807. 
 
 At a General Court Martial held at Port Zealandia, in the Co- 
 lony of Surinam, on the 27th December, 1806, Hospital Mate 
 Andrew Manning was arraigned upon the following charges, viz. 
 
 Ist. ' For being drunk, upon duty, in the Hospital of the 64th Regi- 
 ment, on the evening of the 28th and morning of the 29th of September, 
 1806. 
 
 2d. ' For breaking his arrest on the evening of the 2d of October, 
 1806." 
 
 Of which charges the Court, after maturely considering the 
 evidence in support of the same, with what the prisoner adduced 
 in his defence, found him Guilty, and therefore sentenced him to 
 be dismissed His Majesty's service. 
 
 His Majesty having been pleased to confirm the Sentence of 
 the Court, His Royal Highness the Commander in Chief directs 
 that the charges before stated, together with the Sentence of the 
 Court shall be entered in the orderly books of every corps. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JAMES KAY.— 1807. 
 
 Horse Guards, 25 June, 1807. 
 
 At a General Court Martial held at Manchester Barracks, on 
 
 the 20th April, 1807, and continued by adjournments to the 4th of 
 
 May following. Lieutenant James Kay, of the 84th Regiment of 
 
 Foot, was arraigned on the following charge, viz. 
 
 ' For behaving in a «candalous and infamous manner, unbecoming the 
 character of an Officer and a Gentleman.' 
 
 1st. ' By abusing and defaming the character of Lieutenant Valentine 
 Fleming, of the 9th Regiment of Foot, he being absent. 
 
 2d. ' By repeatedly striking Lieutenant Gowan, of the 30th Regi- 
 ment, on the evening of the 25 th Februaiy, 1807, in the presence of 
 
'252 J. C. Edwards. 
 
 Ensign Perrott, of the 25 th Regiment, and Lieutenant M'Leod, of the 
 Royal Marines, at the lodgings of the said Ensign Perrott, at Wigan, 
 
 3d. ' Advising Officers on the recruiting service, at Wigan, to defraud 
 their recruits of their allowances.' 
 
 The Court found the prisoner Guilty of the 1st and 2d parts 
 of the charge, but acquitted him of the latter part ; and therefore 
 setiteuced him to be cashiered. 
 
 His Msljesty having been pleased to approve of the Sentence 
 of the Court, His Royal Highness the Commander in Chief is 
 pleased to direct that the foregoing charge, together with the 
 Sentence of the Court, shall be entered in the orderly books of 
 every corps. HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Kay was allowed to dispose of his Com- 
 mission. — Editor. 
 
 CAPTAIN JOHN CHARLES EDWARDS.— 1807. 
 
 Horse Guards, 8 July, 1807. 
 
 At a General Court Martial, held at Maldonado, in South 
 America, on the Qth January, 1807, and continued by adjourn- 
 ment, at Monte Video, to the ]6th February following, Captain 
 John Charles Edwards, of the 1st Battalion of the 87th Regi- 
 ment, was arraigned on the following charges, viz. 
 
 1st. ' For breaking his arrest, by going on shore at Falmouth, on or 
 about the 4th October, 1806, for the purpose of fighting a duel. 
 
 2d. ' For infamous and scandalous conduct, unworthy of an Officer 
 and a Gentleman, in assaulting an Officer of the regiment in the public 
 streets, at Falmouth, on the 4th October, 1806, and fighting with a stick 
 or his hands, or both, in that place. 
 
 3d. ' For a further breach of arrest, in endeavouring to provoke a duel 
 between himself and another Officer of the iregiment, when a close pri- 
 soner on board the Agnes transport, at sea, on or about the 13th day 
 of November, 1806.' 
 
 Upon which charges the Court came to the following decision ^ 
 
 The Court, having maturely and deliberately considered and 
 examined the evidence laid before it, in support of the prosecu- 
 tion, as also what was offered by the prisoner in his defence, is 
 of opinion, that, with respect to the first charge, viz. ' for break- 
 ing his arrest by going ashore, at Falmouth, on or about the 4th 
 October, 1 S06, for the purpose of fighting a duel ;' the said 
 charge has been fully proved. 
 
J. C. Edwards. 255 
 
 That with regard to the second charge, the Court is of opinion 
 that that part of the charge which relates to ' assaulting and 
 •fighting with an Officer of the regiment, in the public streets, at 
 Falmouth,' has been proved; but from the circumstances that 
 have appeared in the course of the evidence, denoting the provo- 
 cation given by Lieutenant M'Mahon, and character of that Offi- 
 cer, the Court does not conceive the prisoner to have been Guilty 
 of infamous and scandalous conduct. 
 
 With regard to the third charge, the Court is of opinion that that 
 charge has been fully proved. ' 
 
 These charges, therefore, being in breach of the Articles of War, 
 the Court feels the painful necessity oC adjudging that Captain 
 John Charles Edwards, of the 87th Regiment, shall be cashiered. 
 
 The Court at the same time, in consideration of various cir- 
 cumstances which have appeared during the proceedings, added 
 to the general bad character of Lieutenant M'Mahon, who ap- 
 pears to have been chiefly concerned, and operated materially as a 
 cause in the 1st and 2d articles of charge; as also the peculiarity 
 and length of time the prisoner has laboured under the feelings of 
 arrest, most humbly begs leave to recommend the said Cap- 
 tain J. C. Edwards to the favour of His Majesty's most gracious 
 mercy. 
 
 , But as Captain J. C. Edwards has been clearly convicted of 
 breaking his arrest, for the purpose of going to fight a duel, and 
 of being engaged in an aflfray with another Officer, in the public 
 streets, and of having challenged another Officer at the time he 
 was in close arrest, there did not appear to His Majesty, suffi- 
 cient grounds to give effect to the recommendation of the Court ; 
 His Majesty was therefore pleased to approve the finding of the 
 Court, and to direct that the sentence should be carried into effect. 
 
 His Royal Highness the Commander in Chief is pleased to 
 direct that the charges before mentioned, together with the Opi- 
 nion and Sentence of the Court, and His Majesty's pleasure 
 thereon, shall be entered in the orderly books of every corps. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant M'Mahon was permitted to dispose of his 
 Commission . — Editor. 
 
254 J. Carter. 
 
 WILLIAM FRADGLEY.— 1807. 
 
 Horse Guards, 12 Jug. 1807. 
 
 At a General Court Martial, held at Richmond, in Yorkshire, 
 on the 25th and 26th June, 1807, William Fradgley, late Quarter 
 Master in the 36th Regiment, was arraigned on the following 
 charges, viz. 
 
 1st. ' Having, when put under arrest, by the command of the 
 Honourable Lieutenant Colonel Cochrane, commanding the 2d Bat- 
 talion, 36th Regiment, at Richmond, in Yorkshire, on the 6th day of 
 December, 1806, broke his arrest on the same day, and deserted from 
 the said regiment. 
 
 2d. ' Having received from the Paymaster of the said regiment, on 
 and between the 20th of Jime, 1805, and the 14th of September, 1806, 
 sums of money, for the purpose of paying the bite of carriages on march, 
 and other regimental expences, and having expended part only of the 
 said sums for the purposes aforesaid, and having converted the remain- 
 der, viz, the sum of £71 ■ lis. to his own use, and never accounted for 
 the same, Contraiy to his duty as Quarter Master." 
 
 The Court found the prisoner Guilty of both charges, and 
 sentenced him to be cashiered, and to forfeit the arrears due to 
 him, on account of the pay, not exceeding the sum of =£"17 : Un- 
 proved to have been appropriated by the prisoner to his own 
 use, out of the money issued by the Paymaster, to be appro- 
 priated to regimental services. 
 
 His Majesty having been pleased to confirm the Sentence of 
 the Court, His Royal Highness the Commander in Chief directs 
 that the foregoing charges, together with the Opinion and Sen- 
 tence of the Court, shall' be entered in the orderly books of every 
 
 corps. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ASSISTANT SURGEON J. CARTER.— 1807. 
 
 Horse Guards, 25 Aug. 1807. 
 
 At a General Court Martial, held on board the Brunswick 
 transport, in Table Bay, Cape of Good Hope, on the SOtVand 
 3.1st March, 1807, Assistant Surgeon John Carter, of the 45th 
 Regiment, was arraigned upon the following charge, viz. 
 
 ' For conduct unbecoming the character of an Officer and a Gentle- 
 man, in using towards Paymaster William Birch Brinley, of the same 
 corps, opprobrious and abusive language, and afterwards striking the 
 
C. Grant, G. J. Gascoigne, and C. Staples. 2,35 
 
 siud 'Paymaster Biinley, and repeating such abusive language, in the 
 cabin of the Fame transport, on or about the 15th of January, 1807.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having maturely considered the evidence given in 
 support of the prosecution, as well as that adduced by the prisoner 
 in his defence, was of opinion, with regard to the first part of the 
 charge, viz. ' for conduct unbecoming the character of an Offi- 
 cer and a Gentleman, in using, towards Paymaster William 
 Birch Brinley, of the same corps, opprobrious and abusive lan- 
 guage,' that the prisoner, Assistant Surgeon Carter, was Guilty, 
 but not to the full extent of the charge. 
 
 With regard to the 2d part of the charge, the Court was of 
 opinion the prisoner was Guilty of ' conduct unbecoming the 
 character of an Officer and a Gentleman, in striking the said 
 Paymaster Brinley, and repeating such abusive language in the 
 cabin of the Fame transport, on the 15th of January, 1807,' and 
 therefore adjudged the said Assistant Surgeon Carter, of the 
 45th Regiment, to be dismissed from His Majesty's service. 
 
 His Majesty has been pleased to approve the finding of the 
 Court, and to direct that the Sentence shall be carried into ef- 
 fect ; and it appearing that the conduct of Paymaster Brinley 
 was so extremely reprehensible, as to render him an unfit person 
 to bear His Majesty's commission. His Majesty has commanded 
 that it it shall be intimated to Paymaster Brinley, that His Ma- 
 jesty has no further occasion for his services. 
 
 His Royal Highness the Commander in Chief is pleased to 
 direct that the charges, before mentioned, together with the Opi- 
 nion and Sentence of the Court, and His Majesty's pleasure 
 thereon, shall be entered in the orderly books of every corps. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Assistant Surgeon Carter is now on half pay, as Surgeon 
 of the 60th Foot.— Editor. 
 
 CAPTAIN C. GRANT, G. J. GASCOIGNE, and 
 C. STAPLES.— 1807. 
 
 Horse Guards, 7 Sept. 1 807. 
 At a General Court Martial, held at Colchester, on the 5th 
 
256 C. liotham. 
 
 August, 1807, and continued by adjotlraments to the 10th of 
 the same month. Captains Charles Grant, George John Gas- 
 coigne, and Charles Staples, of the Royal Westminster Regiment 
 of Middlesex Militia, were tried upon the following charge, viz. 
 ' For behaving in a manner unbecoming the character of 0£Scers 
 and Gentlemen, in fighting with sticks, and boxing in the Barrack- 
 yard, at Harwich, and in the streets of the said Barrack-yard, in the 
 night of the 24th July last, and for using abusive and ungentlemanlike 
 language towards each other, in the presence of several Officers and pri- 
 vates belonging to the regiment." 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having heard all the evidence adduced against and 
 for the prisoners, having attended to what they respectively had 
 to oifer in their defence, and having deliberated on, and well 
 weighed and considered the whole, was of opinion that the pri- 
 soners, Captains Charles Grant, and George John Gascoigne, 
 were Guilty of the whole of the charge on which they had been 
 tried, except that of fighting with sticks, and adjudged that they 
 the said Captains Grant and Gascoigne, , should be cashiered. 
 
 The Court was further of opinion, that Captain Charles Sta- 
 ples was Guilty of the whole of the charge on which he had been 
 tried, and adjudged that he, the said Captain Charles Staples, 
 should also be cashiered. 
 
 His Majesty having been pleased to approve of the Sentence 
 of the Court, His Royal Highness the Commander in Chief is 
 pleased to direct that the same shall be entered in the orderly 
 books of every corps. 
 
 HARRY CALVERT, Adj. Gen. 
 
 SIR CHARLES HOTHAM, Bart.--1808. 
 
 G. O. Horse Guards, 19 Jan. 1808. 
 
 Sir Charles Hotham, Bart. Colonel of the East York Regi- 
 ment of Militia, has been tried by a General Court Martial, on 
 the charge of being drunk on duty. The Court has found Sir 
 Charles Hotham Guilty of the crime alleged against him, and 
 has sentenced him to be cashiered, which Sentence His Majesty 
 has been pleased to confirm, and has commanded it to be thus 
 publicly communicated to the army, in order that ofiicers, and 
 
F. Williants. 257 
 
 soldiers of all descriptions, may be made sensible that no consi- 
 deration of rank or station in life, or even of past services, will in- 
 duce His Majesty to pardon an offence of this nature, so injurious 
 to the discipline of the army. 
 
 His Majesty has, at the same time, been most graciously 
 pleased to declare his great regret, on feeling the necessity of 
 dismissing from his service an Officer, to whose good character 
 so many general Officers have borne testimony; but, under all the 
 circumstances of the case. His Majesty has it not in his power 
 to pay attention to the recommendation of the Court, and is re- 
 luctantly obliged to confirm the Sentence to its extent. 
 
 By H. R, H. the Commander in Chiefs Command. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN FARNHAM WILLIAMS.— 1808. 
 
 , Horse Gvards, 25 Jan. 1808. 
 
 At a General Court Martial, held a Newcastle upon Tyne, on 
 the 14th December, 1807, and continued by adjournments to 
 the 24th of the same month, Captain Farnham Williams, of the 
 Royal Cornwall Militia, was arraigned on the following charges, 
 viz. — 
 
 1st. 'For having addressed himself, on the )2th October, 1807, to 
 George Hill, mess- waiter and private, and endeavoured to excite contempt 
 for, and to degrade Lieutenant Colonel ^A'illyanfi, of the Royal Corn- 
 wall Regiment, greatly to the prejudice of good order and military dis- 
 cipline, and for having, at the same time, made use of language to George 
 HiU, unbecoming the cliaracter of an Officer and a Gentleman. 
 
 2d. ' For having, on the 25th October, 1807, in the Barracks of 
 Tynemouth, read, to the Seijeant Major of the Royal Cornwall Militia, 
 a paragraph, or advertisement, in the York Herald newspaper, which 
 paragraph or advertisement preceded a mis-statement, relative to a Court 
 Martial, lately held at Newcastle, on Lieutenant Anthony Mercati of the 
 same regiment; and which paragraph, or advertisement, was a false, 
 scandalous and infamous aspersion on Lieutenant Colonel Willyams, 
 of the Royal Cornwall Regiment, and for having given the said para- 
 graph or advertisement to the Serjeant Major, for the purpose of circu- 
 lating it in the regiment; thereby acting in a manner tending to vilify 
 and degrade the character of a superior Officer, calculated to excite a 
 spirit of insubordination and mutiny, and subversive of good order and 
 military discipline ; and for having, at the saine, time (the afternoon of 
 the 25th October) repeatedly made use of language, to the Serjeant Ma- 
 jor, unbecoming the character of an Officer and a Gentleman. 
 
258" J. A. Dennis. 
 
 3d, ' For having, on the 26th.October, 1807, in a designing and nnder- 
 band manner, unbecoming the character of an Officer and a Gentleman, 
 and greatly to the prejudice of good order and military discipline, delivered 
 to the Serjeant Major of the Royal Cornwall Regiment (for the puipose of 
 having it circulated in the regiment) a paper containing abusive verses, 
 tending to create contempt for, and to render odious, the character of 
 Lieutenant Colonel Willyams of the same corps.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered what had 
 been offered on the part of the prosecution, as well as what had 
 been brought forward in the prisoner's defence, was of opinion 
 that the first charge had not been sufficiently proved, and there- 
 fore acquitted the prisoner of the same, but found him Guilty of 
 the 2d and Sd charges, and sentenced him to be dismissed from 
 the Royal Cornwall Regiment of Militia; but in consequence of 
 the testimonials which the prisoner produced, to his former good 
 conduct, the Court humbly hoped, that it did not exceed the 
 limits of its duty, in submitting to His Majesty's most gracious 
 consideration, whether Captain WilliSms might be permitted to 
 resign his commission. 
 
 His Majesty has been pleased to approve and confirm the Sen- 
 tence of the Court Martial, and to direct that it should be carried 
 into effect ; the offence of which the prisoner, Captain Williams, 
 has been found Guilty, viz. ' of circulating Hbels in the regiment, 
 against his superior Officer, and of making the non-commissioned 
 Officers of the reginoffent the instruments of that circulation,' ap- 
 pearing to His Majesty to strike so directly at the root of all 
 military discipline, that His Majesty could not consider the pri- 
 soner as a proper subject for his clemency. 
 
 His Royal Highness the Commander in Chief directs that the 
 charges before stated, together with the Sentence of the Court 
 and His Majesty's confirmation thereof, shall be read at the head 
 of every regiment, and inserted in the orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN -JAMES A. DENNIS.— 1808. 
 
 Horse Guards, 26 Jan. 1808. 
 
 At a General Court Martial, held at Shrewsbury,, on the 18th 
 
 December, 1807, and continued by adjournments to the 21st of 
 
C. D. Breughtoru 259 
 
 the same month, Ensign James Aldborough Dennis, of the 2d 
 Battalion of the 81st Regiment, was arraigned on the following 
 charges, viz. 
 
 1st. ' Disobedience of orders in not sending oflF his party to Liverpool 
 and Hereford, as directed by the Inspecting Field Officer. 
 
 2d. ' With-holding from his party the subsistence and allowances ad- 
 vanced to him, by the district Paymaster, for their use. 
 
 3d. ' For obtaining from the party their signatures to the acquittance 
 roll of the 24th October, and signing it himself, knovcing it to be false.' 
 
 The Court found the prisoner Guilty of the charges, and sen- 
 tenced him to be cashiered, and that so much of the arrears of 
 pay, due to him, be forfeited and stopped as will repay Paymaster 
 Thomas Money, of the Salop district, the sum of „£'l4 : 14s. 3^d. 
 due by the prisoner on his recruiting account, and the further sum 
 of c£l7 : lOi. 3d. due to the party of the 81st Regiment, while 
 under his command at Welshpool. 
 
 But in consideration of the extreme youth and inexperience of 
 the prisoner, together with its being evident that he had no in- 
 tention of eventually defrauding the party (his bill being drawn 
 and accepted, previous to the 24th October) the Court humbly 
 recommended him to His Majesty's most gracious mercy. 
 
 His Majesty has been pleased to confirm the Opinion and 
 Sentence of the Court, and to direct that the same should be 
 carried into effect ; but adverting to the recommendation of the 
 Court, His Majesty has been pleased to direct, that it should be 
 intimated to the prisoner, that he would not be excluded from 
 re-entering the service at a future period. 
 
 His Royal Highness the Commander in Chief directs that the 
 foregoing charges, together with the Opinion and Sentence of 
 the Court, and His Majesty's approval thereof, shall be read at 
 the head of every corps, and inserted in the orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. There is a Lieutenant James Aldborough Dennis at pre- 
 sent on Half-pay of the Royal York Rangers. — Editor. 
 
 LIEUTENANT COLONEL C. D. BROUGHTON. 
 
 Horse Guards, 26 Jan. i 808. 
 At a General Court Martial, held at St. Ann's Barracks, Bar- 
 
 s 2 
 
26p C. J9. Brovghlon. 
 
 badoeSj on the 29th August, 1807, and continued by adjourn 
 menjts to the 14th of September following, Lieutenant Colonel 
 Charles Delves Broughton, of the 1st West India Regiment, was 
 arraigned on the following charges, viz. 
 
 1st. ' For scandalous and infamous conduct, unbecoming an OiEcer 
 and a Gentleman, in causing to be issued to the non-commissioned 
 Officers and privates of the regiment under his command, at exorbitant 
 prices, and vvithout any board of survey, or other usual forms, various 
 articles of necessaries by him imported to the M'^est Indies, in or about 
 June, 1806, and in or about March, 1807, and conniving at and sanc- 
 tioning the imposing of still higher prices, by Lieutenant and Adjutant 
 Walker, (1st West India Regiment) to the prejudice and oppression of 
 the soldiers. 
 
 2d. ' Scandalous and infamous conduct, unbecoming an Officer, m 
 conniving at, and suffering Ensign J. Fleming, late Quarter Master, to 
 issue, at exorbitant prices, and without any board of survey, various 
 ancles of necessaries, which he (the Quarter Master) had imported for 
 the soldiers of the regiment, as well as appointments for Officers, which 
 Appointments a Regimental Court of enquiry, assembled by order of 
 Lieutenant Colonel Broughton, declared the prices affixed to, in many 
 respects, exorbitant. 
 
 3d. ' Scandalous and infamous conduct, unbecoming an Officer, in 
 converting to his own private use, through the means of the Paymaster 
 of the regiment, the bill of exchange for the half-yearly non-effective and 
 contingent allowances, ending December, 1806, at the rate of Army Ex- 
 change (192^) whereas Government ■ bills were currently seUing at Do- 
 minica, at 208 exchange ,thereby occasioning the loss, to Government, 
 of about £37 currency of the Island of Dominica. 
 
 4th. ' Conduct unbecoming an Officer, in the same way appropriating 
 to his own private use and emolument, the non-effective and contingent 
 bill of exchange, for June, 1 807, at army exchange, when a much higher 
 rate might have been procured in Bridge Town, thereby occasioning the 
 loss, to Government, of the difference. 
 
 5th. ' For unofficerlike conduct, in making a false certificate on each 
 monthly return, during the time he commanded the regiment, from June, 
 1806, to the present period, viz. that he had read the Articles of War, to 
 the men under his command, whereas the Articles of War have neither 
 been read by him, nor any other person by his,6rder, during that period, 
 to the prejudice of the service.' 
 
 The Court found the prisoner Guilty of the 1st charge, but 
 acquitted him on the 2d, 3d and 4th ; with respect to the 5th 
 charge, the Court was of opinion, that the prisoner was not 
 Guilty to the extent laid in the said charge, inasmuch as the 
 prisoner was thereby charged with signing a false certificate on 
 each monthly return, during the time he commanded the regi- 
 ment, from June, 1 806, to the present period ; and itappearing from 
 the evidence, that, in some of the months during that time, he did 
 
C. D. Broiighton. 261 
 
 not sigii such false certificates, and the Court did therefore acquit 
 him of the said 5 th charge ; but was of opinion, that the prisoner 
 was reprehensible for his inadvertency and want of proper cau- 
 tion, in not examining every certificate, previously to his signing' 
 it, which it was his duty so to have done. 
 
 The Court having found the prisoner, Lieutenant Colonel 
 Charles Delves Broughton, Guilty of the 1st charge, adjudged- 
 him to be cashiered; but in consideration of his long services in 
 the West Indies, and the high character which was given of him, 
 on his trial, and of which further evidence would have been 
 given, had it been thought necessary, the Court most humbly 
 begged leave to recommend him to His Majesty's most gracious 
 clemency. 
 
 His Majesty has been pleased to approve and confirm the 
 sentence of the Court Martial, upon the 1st, 2d, 3d and 4th 
 charges, but not to confirm the finding of the Court upon the 
 5th charge, as it appeared to have proceeded upon the erroneous 
 supposition that a Court Martial are bound to find a general ver- 
 dict, of guilt, or acquittal, upon the whole of every charge ; and 
 as the Court have expressed their opinion that the prisoner was 
 Guilty of a part of the 5th charge, they might, in conformity to 
 that opinion, have found him Guilty of that part of it, and to 
 have acquitted him of the remainder, instead of acquitting him, 
 generally of the whole. 
 
 The offence, of which the prisoner has been found Guilty, is 
 of so dangerous a tendency to the army, and to a black corps in 
 particular, and more so from the example of an Officer of Lieute- 
 nant Colonel Broughton's rank, as to make it a subject of regret to 
 His Majesty, that the character, which it appeared from the pro- 
 ceedings, he has received from respectable evidences, cannot, in 
 this instance, be admitted to be of sufficient weight to palliate 
 the offence of which he has been found Guilty. 
 
 His Royal Highness the Commander in Chief directs that 
 
 the ch'irges before stated, together with the Sentence of the 
 
 Court, and His Majesty's confirmation thereof, shall be read at 
 
 the head of every regiment, and inserted in the orderly books. 
 
 By order of IL R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Geo, 
 
( a62 ) 
 LIEUT. GEN. JOHN WHITELOGKE.— 1808. 
 
 G. O. Horse Guards, 24 March, 1808. 
 
 At a General Court Martial (of which General the Right 
 Hon. Sir William Meadows, K, B. was president) held "by vir- 
 tue of His Majesty's special warrant, bearing date the 23th 
 January, 1808, at the Royal Hospital, at Chelsea, on the 28th 
 of the same month, and continued by adjournments until the 
 18th March following. Lieutenant General John Whitelocke, 
 was tried upon the following charges, viz. 
 
 1st. ' That Lieutenant General Whitelocke having received instruc- 
 tionSj from His Majesty's principal Secretary of State, to proceed for 
 the reduction of the Province of Buenos Ayres, pursued measures ill 
 calculated to facilitate that conquest. That when the Spanish Commander 
 had stewn such symptoms of a disposition to treat, as to express a 
 desire to communicate with Major General Gower, the second in Com- 
 mand, upon the subject of terms, the said Lieutenant General White- 
 locke did return a message, in which he demanded, amongst other ar- 
 ticles, the surrender of all persons holding civil offices in the government 
 of Buenos Ayres, as prisoners of war; that the said Lieutenant General 
 Whitelocke, in making such an offensive and unusual demand, tending 
 to exasperate the inhabitants of Buenos Ayres, to produce and encou- 
 rage a spirit of resistance to His Majesty's arms, to exclude the hope of 
 amicable accommodation, and to encrease the difficulties of the service, 
 with which he was entrusted, acted in a manner unbecoming his duty 
 as an Officer, prejudicial to military discipline, and contrary to the Arti- 
 cles of War. 
 
 2d. ' That the said Lieutenant General Whitelocke, after the land- 
 ing of the troops at Ensenada, and during the march from thence to the 
 town of Buenos Ayres, did not make the military arrangements, best 
 calculated to ensure the success of his operations against the town, and 
 that having Itnown, previously to his attack upon the iowa of Buenos 
 j(lyres, upon the 5th July, 1807, as appears from his public dispatch 
 of the 10th of July, that the enemy meant to occupy the flat roofs of 
 the houses, he did, nevertheless, in the said attack, divide his forces into 
 several brigades and parts, and ordered the whole to be unloaded, and 
 no firing to be permitted on any account, and under this order to march 
 into the principal streets of the town, unprovided vdth proper and suffi- 
 cient means for forcing the barricadoes, whereby the troops wei-e un- 
 necessarily exposed to destruction, without the possibility of making 
 effectual opposition ; such corWuct betraying great professional incapa- 
 city, on the part of the said Lieutenant General Whitelocke, tending to 
 lessen the confidence of the troops in the judgment of their CWScers, 
 being derogatory to the honour of His Majesty's arms, contrary to his. 
 duty as an Officer, prejudicial to good order and military discipline, and 
 contrary to the Articles of War. 
 
 " 3d. < That the said Lieutenant General Whitelocke did not make, 
 although it was in his power, any effectual attempt by his own personal 
 
J. Whitelocke. 263 
 
 exertion, or otherwise to co-operate with, or support the different divisons 
 of tlie army, under his command, when engaged with the enemy, in the 
 streets of Buenos Ayres, on the 5th July, 1807, wherehy those troops, 
 after having encountered and surmounted a constant and well-directed 
 fire, and having effected the pui-port of their orders, were left without 
 aid 6x support, or further orders, and considerahle detachments, under 
 Lieutenant Colonel Duff', and Brigadier General Crawfurd, were there- 
 by compelled to surrender ; such conduct on the part of the said Lieute- 
 nant General Whitelocke, tending to the defeat and dishonour of His 
 Majesty's arms, to lessen the confidence of the troops in the skill and 
 courage of their ofBcei-s, being unbecoming, and disgraceful to his cha- 
 racter as an Officer, and prejudicial to good order and military discipHne, 
 and contrary to the Articles of War. 
 
 4th. 'That the said Lieutenant General Whitelocke, subsequently 
 to the attack upon the town of Buenos Ayres, and at a time when the 
 troops, under his command, were in possession of posts on each flank 
 of the town, and the principal arsenal, w-ith a communication open to 
 the fleet, and having an effective force of upwards of 5,000 men, did 
 enter into, and finally conclude a treaty with the enemy, whereby he 
 acknowledges in the public dispatch of 10th July, 1807, that 'he resolved 
 to forego the advantages which the bravery of his troops had obtained, 
 and which advantages had cost him about 2,500 men, in killed, wound- 
 ed and prisoners,' — and by such treaty, he unnecessarily and shame- 
 fully surrendered all such advantages, totally evacuated the town of 
 Buenos Ayres, and consented to deliver, and did shamefully abandon and 
 deliver up to the enemy, the strong fortress of Monte A ideo, which had 
 been committed to his charge, and which at the period of the treaty and 
 abandonment, was well and suflSciently garrisoned, and provided against 
 attack, and which was not at such period, in a state of blockade or siege ; 
 such conduct, on the part of the said Lieutenant General Whitelocke, 
 tending to the dishonour of His Majesty's arms, and being contrary to 
 his duty as an Officer, prejudicial to good order and military disciphne, 
 and contrary to the Articles of War.' 
 
 SENTENCE. 
 
 The Court Martial having duly considered the evidence given 
 ill support of the charges against tlie prisoner, Lieutenant Gene- 
 ral Wliitelocke, his defence, and the evidence he has adduced, 
 is of opiuioii that he is Guilty of the whole of the charges, with 
 the exception of that part of the 2d charge, which relates to the 
 order that ' the columns should be unloaded, and that no firing 
 should be permitted on any account.' 
 
 The Court are an.xious that it may be distinctly understood, 
 that they attach no censure, whatever, to the precautions taken 
 to prevent unnecessary firing, during the advance of the troops 
 to the proposed points of attack, and do therefore acquit Lieu- 
 tenant General ^\'hilelocke of that part of the said charge. 
 
26-1 J. Whitelocke. 
 
 The Court adjudge that the said Lieutenant General White.- 
 locke be cashiered, and declared totally unfit and unworthy to 
 serve His Majesty in any military capacity whatever. 
 
 The King has been pleased to confirm the above Sentence ; 
 and his Royal Highness the Commander in Chief has received 
 His Majesty's commands, to direct that it shall be read at the head 
 of every regiment in his service, and inserted in all regimental or- 
 derly books, with a view of its becoming a lasting memorial of the 
 fatal consequences to which Officers expose themselves, who, in 
 the discharge of the important duties confided to Ihem, are defi- 
 cient in that zeal, judgnient, and personal exertion, which their 
 Sovereign and their Country have a right to expect from Officers 
 entrusted with high commands. 
 
 To His Majesty, who has ever taken a most lively interest in 
 the welfare, the honour, and the reputation of his troops, the re- 
 cent failure in South America has proved a subject of the most 
 heartfelt regret : but it has been a great consolation to him, and 
 His Majesty has commanded it to be intimated to tlie army, that, 
 after the most minute investigation, His Majesty finds ample 
 cause for gratification in the intrepidity and good conduct dis- 
 played by his troops, lately employed on that service, and particu- 
 larly by those divisions of the army which were personally en- 
 gaged with the enemy, in the town of Buenos Ayres, on the 5th 
 July, 1807; and His Majesty entertains no doubt that, had the 
 exertions of his troops, in South America, been directed by the 
 same skill and energy which have so eminently distinguished his 
 commanders in other quarters of the world, the campaign would 
 have proved equally glorious to themselves and beneficial to their 
 country. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 N. B. General Whitelocke is still living as a private individual 
 
 in the country. — Edilur. 
 
 CAPTAIN THOMAS MANNERS.— 1808. 
 
 G. O. Horse Guards, 30 Marc/i, 1808' 
 
 At a General Court Martial, held at Lichfield, on the 22d of 
 
 January, 1808, and continued, by adjournments, to the '27th of 
 
IJ. Browne. 265 
 
 the same month, Captain Thomas Manners, of theS5th Regiment, 
 
 was arraigned upon the following charge : 
 
 ' For unofficerlike and ungentlemanlike conduct, in making use of in- 
 jurious and reproachful language, and attempting to draw his sword on 
 Lieutenant Colonel Ayler, his Commanding Officer, on the morning of 
 the 1st January, 1808.' 
 
 Upon which charge the Court found the prisoner Guilty, and 
 adjudged him to be cashiered. 
 
 His Majesty having been pleased to confirm the Sentence of 
 the Court, and to direct that the same should be carried into 
 effect, his Royal Highness the Commander in Chief is pleased to 
 direct that the foregoing charge, together M'ith the Sentence of 
 the Court, shall be read at the head of every regiment, and in- 
 serted in the regimental orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 COLONEL HENRY BROWNE.— 1808. 
 
 Horse Guards, 1 Jpril, 1808. 
 
 At a General Court Martial, held at the Barracks in Dublin, 
 on the 22d January, 1808, and continued by adjournments to 
 the 28th of the same month, Colonel Henry Browne, of the South 
 Mayo Regiment of Militia, was arraigned upon the undermen- 
 tioned charges, viz. 
 
 1st. ' The Grand Jury of the county of Mayo having presented to Co- 
 lonel Henry Browne, of the South Mayo Militia, £100, at the Summer 
 Assizes of 1806, to fill up deficiencies in the South Mayo Regiment, oc- 
 casioned by deaths and desertions ; and that he, not laying out the said 
 £100 as intended, the bounties of all men so enlisted, from that date to 
 June 1807, being cliai'ged to government, by which Colonel Henry 
 Browne has defrauded the county of Mayo, or the government, of £100, 
 to the prejudice of the service, though at all times an affidavit is neces- 
 sary to be made, that the money is fairly expended for the purpose 
 granted, before it can be received from the Treasurer of the county. 
 
 2d. ' Spring Assizes, 1 807. — County of Mayo granted to Colonel Henry 
 BrowTie, by the Grand Jury, £1 18 : 6*. to fill up the deficiencies in the 
 South Mayo Regiment, occasioned by deaths and desertions, which 
 £118 : 6s. has not been laid out as intended, as the bounties of all men, 
 enlisted prior to the volunteering, were charged to government ; by which 
 Colonel Browne has defrauded the county of Mayo, or government, of 
 £118 : 6*. to the injury of the service.' 
 
 Upon which charges the Court came to the following decision : 
 
266 R:Cori>all. 
 
 I The, Court, having taken iDto consideration the whole of the 
 evidence adduced by the prosecutor, in support of his charges, 
 and also what was offered by the prisoner in his defence, find 
 that he is Not Guilty of either of the charges preferred against 
 hini, and do, therefore, most honourably acquit' him ; and the 
 Court thinks it cannot too strongly express its sense of the con- 
 duct of the prosecutor, so subversive of all military discipline, in 
 preferring such gross and scandalous charges against his Com- 
 manding Officer, which appear to have originated entirely from 
 vindictive motives, and which were unsupported by any evidence 
 whatsoever. 
 
 His Majesty has been pleased to approve and confirm the 
 finding and opinion of the Court ; but has desired it to be recom- 
 mended to Colonel Browne, that the application of any future 
 sums which may be presented to him by the county, should be 
 strictly confined to those objects only for which they are issued, 
 and should not be directed to other purposes, however laudable 
 or patriotic may be his motives. 
 
 His Majesty, having taken into serious consideration the man- 
 ner in which the Court has thought fit to express its sense of the 
 conduct of the prosecutor, Captain Marcus Blake, of the South 
 Mayo Militia, has commanded it to be intimated to Captain Blake 
 that His Majesty has no further occasion for his services. 
 
 His Royal Highness the Commander in Chief is pleased to di- 
 rect that the foregoing charges, together with the Opinion and 
 Sentence of the Court, and His Majesty'spleasure thereon, shall 
 be read at the head of every regiment, and entered in the regi- 
 mental orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 PAYMASTER- RICHARD CORRALL.— 1808. 
 
 Horse Guards, 14 April, 1808. 
 At a General Court Martial, held at Woodbridge, on the 6th 
 January, 1808, and continued by adjournments to the 2Sth of 
 the same month, Paymaster Richard Corrall, of the 15th (or the 
 King's) Regiment of Light Dragoons, was arraigned on the un- 
 dermentioned charges, viz. 
 
R. Corrall. 267 
 
 1st. 'For malversation in his ofiSce of Paymaster of the 15th (or 
 King's) Regiment of Light Dragoons, in having, contraiy to his duty, 
 and in disregard of the third article of the additional insti-uctions and 
 regulations respecting the conduct of regimental Paymasters and others, 
 dated 1 1th May, 1801, drawn, on the public account, upon the regi- 
 mental agents, for the sum of ^3500 : \4s. 8d. or some other large sum 
 or sums of money beyond what was actually required for the regular ser- 
 vices of the said regiment, between the 24th of December, 1806, and 
 the 25th October, 1807. 
 
 2d. ' For neglect of duty, in not having rendered his accounts at the 
 periods prescribed by the established regulations and official orders, and 
 particularly by the instmctions to regimental Paymasters, dated the 19th 
 of January, 1798, the circular letter from the Examiner of Army Ac- 
 counts to regimental Paymasters, dated 14th Febmary, 1806-7, August, 
 1807, and the Secretary at War's circular to regimental Paymasters, 
 dated the 22d July, 1807.' 
 
 The accounts herein referred to, are the monthly general abstracts for 
 the period, from the 25th December, 1806, to 24th October following, 
 both inclusive, and the quarterly accounts for the periods, from the 25 th 
 June, 1806, to the 24th September, 1807, both inclusive. 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having considered the evidence for and against the 
 prisoner, with the whole of his defence, and the accounts given 
 in by him, are of opinion, that he has drawn, between the 24th 
 December, 1806, and the 2>5th October, 1807, for the sum of 
 .£.S.500 : 14s. 8c/., stated in the charge, beyond the money actually 
 expended by him for the public service. 
 
 The Court is further of opinion, that the prisoner has not ac- 
 counted, by any expenditure stated in his abstracts, for the sum 
 of money so overdrawn ; and, although it were proved (which it 
 is not) that the prisoner had debited himself in his abstracts, from 
 error, with the sum of ^1000 or thereabouts, expended for the 
 services of the regiment, which ought to have been charged to 
 the Colonel's private account, yet there would still remain the 
 sum of o£2600 : 14s. 8c?. overdrawn on the public, of which no sa- 
 tisfactory account, supported by proper vouchers, has been given 
 to this Court. 
 
 The Court do, therefore, find the prisoner Guilty of malversa- 
 tion, so far as the word applies to the improper expenditure of 
 public money ; but, whether it has been applied by the prisoner 
 to his private use, or advanced on the charges of others, without 
 due examination, and without the care and caution which it is 
 
268 R. Corrall. 
 
 the duty of eVery person entrusted with the disbursement of pub- 
 lic money, they are not enabled to determine. 
 
 The Court do also find the prisoner Guilty of having drawn 
 beyond his estimates, in breach of the third article of additional 
 instructions of the 11th May, 1801. 
 
 With respect to the 2d charge, the Court are of opinion, that 
 the inconveniences experienced on the march of the regiment 
 might have delayed, for a short time, the sending in of the monthly 
 estimates and extracts. It does not appear to the Court that the 
 want of sanction of the allowance of corn, for the horses at grass, 
 should have prevented their being transmitted, as a remark might 
 have been added on that charge. The Court admit that the time 
 during which the prisoner was absent from the regiment, attend- 
 ing to the clothing and other concerns of the regiment, was a 
 considerable impediment to his fulfilling his duties as Paymaster; 
 but they are of opinion, that the first duty of every man is to exe- 
 cute the business of the office in which he is placed : and al- 
 though, if the prisoner had cleared himself from the first charge, 
 the Court would have received, with great indulgence, the ex- 
 cuses advanced for the breach of the regulations in the second ; 
 yet, from what has appeared before them, they consider the ina- 
 bilitj' to account for the expenditure of the money drawn, to have 
 been a greater impediment to the regular transmission of the esti- 
 mates and abstracts, especially for the latter part of the period, 
 than any which the prisoner has stated. 
 
 The Court do, therefore, find the prisoner Guilty of the second 
 charge. 
 
 The Court, therefore, having found the prisoner Guilty on both 
 charges, do adjudge that he, the prisoner, Richard Corrall, Esq. 
 shall be dismissed from his situation of Paymaster of the 1 5th (or 
 King's) Regiment of Light Dragoons ; and the Court do further 
 adjudge that the prisoner shall make good the whole of the money 
 drawn beyond the expenditure, not only of the sum of <£3.500 : 
 14s. Sd. stated in the first charge, but also the money received 
 for the sale of cast horses, viz. ^462 : I Is. Sd. and further, what- 
 ever other money the prisoner may have received by stoppages 
 from the men, or any other public money, the application of 
 which has not been clearly accounted for ; and they direct that 
 
T. Talbot. m 
 
 an account of such stoppages be transmitted by the Commanding 
 Officer of the 15th Regiment of Light Dragoons, to Messrs. 
 Greenwood, Cox & Co. 
 
 The Court have received, with great respect, the testimony of 
 His Royal Highness the Duke of Cumberland to the zeal, atten- 
 tion, and long good conduct of the prisoner; and though, by the 
 fact in the first charge being proved, they are precluded from 
 taking it into consideration in their sentence, they earnestly wish 
 that that testimony may be attended to, and that it may benefit 
 the prisoner in any other situation. 
 
 His Majesty having been pleased to confirm the Opinion and 
 Sentence of the Court, and to direct that the same should be car- 
 ried into effect. His Royal Highness the Commander in Chief is 
 pleased to direct that the charges, together with the Sentence of 
 the Court, shall be inserted in the orderly books of every corps. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ASSISTANT SURG. THOMAS TALBOT.— 1808. 
 
 G. O. Horse Guards, 22 May, 1808. 
 
 At a General Court Martial, held at Kingston Barracks, Ja- 
 maica, on the 1st September, 1807, and continued by adjourn- 
 ments to the 7th December following. Assistant Surgeon Thomas 
 Talbot, of the 1st Battalion of the 60th Regiment, was arraigned 
 on the following charges, viz. 
 
 1st. ' For writing a highly disrespectful and insubordinate memorial, 
 to the Commander in Chief of His Majesty's Forces, in the Island of 
 Jamaica, dated 7th March, 1807, in which, amongst other unwarrantable 
 expressions, in gross violation of good order and military discipline, he 
 accuses His Excellency of having prejudged and treated him with in- 
 justice. 
 
 2d. ' For writing a mutinous and seditious letter to the Deputy Ad- 
 jutant General, dated Falmouth, 23d of March, 1807, oflicially accom- 
 panying the above-mentioned memorial. 
 
 3d. • For writing another memorial, or letter, to His Excellency the 
 Commander in Chief, dated Kingston, 4th May, 1807, falsely accusing 
 Brigadier General Carmichael, commanding the Western District, of op- 
 pression and injustice in the execution of his duty. 
 
 4th. ' For writing a letter, of an highly insubordinate, disrespectful, 
 threatening, and seditious tendency, to Bngadier General Carmichael, 
 dated Montego Bay, 25th April, 1807. 
 
 6th. ' For writing mutinous and seditious letters to Lieutenant Colonel 
 
270 1\ Talbot. 
 
 Rainy, commanding tire 1st Battalion 60tb Regiment, particularly those 
 dated Montage Bay, the 17th and 18th of April, 1807. 
 
 6th. 'For writing letters to Major Marlton, commanding a detachment 
 of the 1st Battalion 60th Regiment, with which Assistant Surgeon Tal- 
 bot was then doing duty, extremely insolent and insubordinate, dated 
 Montego Bay, the 5th and 6th of January, 1807, and 22d April, 1807. 
 
 7th. ' For seditiously attempting to excite a spii-itof discontent and dis- 
 affection to His Majesty's service, by coming forward, unsoUcited, as the 
 public champion or protector of the Officers and soldiers of His Majes- 
 ty's 60th Regiment, and endeavouring to impress them with an opinion 
 that they had been tyi-annicaUy used, oppressed, and treated with injus- 
 tice. 
 
 8th. ' For conduct extremely prejudicial to His Majesty's service, and 
 calculated to excite disaffection thereto, by preferring charges against his 
 superior Officers, Major Marlton and Captain Graw j when it appeared, 
 from the opinion of the General Court Martial, on the trial of the latter 
 Officer, that he (Assistant Surgeon Talbot) had not been actuated by the 
 good of His Majesty's service, but that his conduct, throughout, had been 
 highly insubordinate, and subversive of discipUne. 
 
 9th. 'For mutiny, on the evening of the 16th of April, 1807, at the 
 bart-acks, Montego Bay : 1st, By threatening to kick his Commanding 
 Officer, Captain Graw, out of the mess-room, whilst in the execution of 
 his duty, making use of scurrilous language to him, and drawing or offer- 
 ing to draw his dirk or dagger, and attempting to assault him, (Captain 
 Graw) in presence of the Officers and men. 2d, By not retiring when 
 ordered so to do, by Captain Graw, his Commanding Officer, after having 
 been put in arrest, and continuing to offer personal insult to him, in the 
 presence of Officers and men, whom he excited by his example, and in- 
 stigated to join in a party of combination against Captain Graw.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having fully and maturely weighed and considered 
 the evidence and information in support of the charges exhibited 
 against the prisoner, Assistant Surgeon Thomas Talbot, of the 
 1st Battalion of the 60th Regiment, with that produced in his de- 
 fence, is of opinion that he is Guilty of the 1st, 2d, 3d, 4th, 7th, 
 8th, and Qth charges. On the 5th charge, the Court is of opinion 
 tha); the prisoner is Guilty of writing two letters to Lieutenant 
 Colonel Rainy, commanding the 1st Battalion 60th Regiment, 
 dated Montego Bay, 17th and 18th April, 1807, disrespectful, in- 
 subordinate, and of a seditious tendency ; but the Court acquits 
 the prisoner of writing mutinous letters to Lieutenant Colonel 
 Rainy. 
 
 On the 6th charge, the Court finds the prisoner Guilty of writ- 
 ing a letter to Major Marlton, commanding a detachment of the 
 1st Battalion of the 60th Regiment, with which Assistant Sur- 
 
T. Talbot. 271 
 
 geon Talbot was then doing duty, extremely insolent and insu- 
 bordinate, dafe'd Mohtego Bay, 5th January, 1807 ; and is of 
 opinion his letter to Major Marlton, dated Montego Bay, 5th 
 January, 1807, is insubordinate. 
 
 The Court acquits the prisoner of writing a letter to JMajor 
 Marlton, extremely insolent and insubordinate, dated Montego 
 Bay, 6th January, 1807. 
 
 The Court sentences the prisoner. Assistant Surgeon Thomas 
 Talbot, to be cashieied. 
 
 And the Court further adjudges him unworthy to serve His 
 Majesty in any military capacity. This sentence to be publicly 
 read to him, and his sword broken over his head. 
 
 The Court, considering the Sentence inadequate, regrets the 
 Mutiny Act does not authorize transportation to be awarded to 
 crimes of such magnitude ; a punishment which appears to it 
 peculiarly applicable to an offender of this dangerous description, 
 when the circumstances of the case may not incur the forfeiture 
 of life. 
 
 His Majesty has been pleased to approve of the finding and 
 Sentence of the Court, and to command that the same should be 
 carried into effect, in the presence of the whole garrison where 
 the prisoner is stationed. 
 
 His Majesty has been further pleased to command, that the- 
 conduct of Lieutenant Colonel Rainy may be immediately inves- 
 tigated by a General Court Martial, in order that Lieutenant Co- 
 lonel Rainy may have an opportunity of accounting for the pecu- 
 lation and other abuses which appear to have existed in the bat- 
 talion under his command, and in which, it also appears, the 
 Lieutenant Colonel was materially concerned ; and which it must 
 be considered to have been his duty, as Commanding Ofiicer, to 
 have prevented and detected, and to have brought the authors to 
 punishment. 
 
 His Royal Highness the Commander in Chief is pleased to- 
 direct that the foregoing charges, together with the Opinion and 
 Sentence of the Court, and His Majesty's pleasure thereon, shall 
 be read at the head of every regiment, and entered in the regi- 
 mental orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
•272 G. Rainy 
 
 LIEUTENANT W, T. STEVENSON.- 1808. 
 
 G. O. Horse Guards, 23 Mat/, 1808. 
 
 At a General Court Martial, held at Mome Fortun6, St. 
 
 Lucia, on the 19th October, 1807, Lieutenant W. T. Stevenson, 
 
 of the 6th West India Regiment, was arraigned on the following 
 
 charge, viz. 
 
 ' For behaving in a scandalous and infamous manner, such as is unbe- 
 coming the character of an Officer and a Gentleman, in boxing, in a pub- 
 lic gallery, with Mr. Rudder, Ganison-mate, on the evening of the 31st 
 August, 1807." 
 
 Upon which charge the Court found the prisoner Guilty, and 
 
 sentenced him to be cashiered. 
 
 At a General Court Martial, held at Mome Fortun^, St. Lucia, 
 on the 20th October, 1807, Garrison-mate W. Rudder, was ar- 
 raigned on the following charge, viz. 
 
 ' For behaving in a scandalous and infamous manner, such as is unbe- 
 coming the character of an Officer and a Gentleman, on the night of the 
 3 1 st August last, in boxing, in a public gallery, with Lieutenant Stevenson, 
 of the 6tb West India Regiment, and using provoking and insulting lan- 
 guage." 
 
 Upon which charge the Court found the prisoner Guilty, and 
 sentenced him to be dismissed the service. 
 
 His Majesty having been pleased to confirm the foregoing 
 Sentences, His Royal Highness the Commander in Chief is 
 pleased to dii-ect that the same shall be inserted in the orderly 
 books of every regiment. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUT. COLONEL GERVASE RAINY.— 1808. 
 
 G. O. Horse Guards, July 22, 1808. 
 
 At a General Court Martial, held at Kingston Barracks, in Ja- 
 maica, on the 29th February, 1808, and continued by adjourn- 
 ments to the 4th April following, Lieutenant Colonel Gervase 
 Rainy, of the 1st Battalion of the 60th Regiment of Foot, was 
 arraigned upon the undermentioned charges, viz. 
 
 1st Charge. ' Disobedience of Orders in the following instances : — 
 First, in not complying with the General Order of the 14th of Nov, 1805, 
 
G. Rainy. 273 
 
 respecting the Hospital and Regimental Funds, and formation of Com- 
 mittee to take charge thereof. 
 
 ' Second— In not obeying the General Order of the 13th August, 1807, 
 desiring that the amount of the Hospital Fund shall be placed in an iron 
 chest and counted every quarter. 
 
 ' Third — In not producing the Regimental Books, Papers, and neces- 
 sary documents, upon the inspection of the 1st Battalion of the 60th 
 Regiment, by Brigadier General Carmichael, when repeatedly desired 
 by him to have them brought forward, particularly by an order datedSOth 
 January, 1808.' 
 
 2d Charge. 'Neglect of duty, by irregularity in the Regimental Books, 
 and particularly in suppressing and not causing to be entered Public Cor- 
 respondence, since the 2d March, 1807. 
 
 3d Charge. ' Infamous, scandalous, and unofficerlike conduct : — 
 First, by embezzling and appropriating to his own use, and otherwise 
 misapplying, various sums of money, whilst Commanding Officer of the 
 1st Battalion of the 60tli Regiment, which properly belonged to the 
 Regimental and Hospital Fund, and should have been solely appropriated 
 to that purpose.' 
 
 ' Second — Positively asserting to Brigadier General Carmichael, in the 
 presence of many Officers of the battalion, on or about the 28th of Ja- 
 nuaiy last, that lie had not any other books relating to the regimental 
 accounts, besides those already produced ; notwithstanding which, ano- 
 ther book was afterwards found m possession of the clerk of the regi- 
 ment, who was then making alterations and insertions therein, by the 
 orders of Lieutenant Colonel Rainy, after it had been examined by cer- 
 tain members of the committee, and who had certified its being correct, 
 and which alterations and erasures appeai'ed to be with a criminal in- 
 tention. 
 
 ' Third — In causing to be procured, by Captain Bunting, from Serjeant 
 MuUer, Messman to the 1st Battalion, of the GOth Regiment, about Au- 
 gust last, ^1066 : 13«. Ad. currency, for the purpose of imposing on 
 His Excellency the Commander in Chief, as to the specie which ought 
 to be contained in the iron chest ; and after that sum was returned to 
 the Messman, directing, on a future occasion, he should be applied to for 
 a sum of money to lodge in the iron chest, as part of the Hospital Fund, 
 when the regiment was to be inspected by Brigadier General Car- 
 michael, and which was delivered accordingly, to the amount of ^800, 
 and of which there still remains due to Serjeant Muller, about ^630. 
 
 ' Fourth — In charging to the Regimental Fund different sums of mo- 
 ney which he received through other channels, pai'ticularly ^120, for 
 freight of clothing, which appears by his letter of the 5th of November, 
 1804, to Messrs. Greenwood and Cox, he directed to be placed to his own 
 private account ; also taking credit to himself for a sum of £5A, a ba- 
 lance due on the late General Gardner's account, and which appears un- 
 accounted for ; also overcharging non-commissioned Officers and privates 
 for printed German certificates, to the amount of .£13, which he ap- 
 propriated to his own use, and also charged against the Regimental 
 Fund. 
 
 ' Fifth — Withholding and refusing to pay certain claims of Officers, 
 
 T 
 
274 G. Uainy. 
 
 non-commissioned and privates, and refusing to leave the decision to tlie 
 General Officer commanding the District. 
 
 ' Sixth — In prevaricating and making assertions to Brigadier General 
 Carmichael, not founded in facts.' 
 
 Upon which charges the Court came to the following deci- 
 sion : — 
 
 The Court, having fully and maturely weighed and considered 
 the evidence and information in support of the charges exhibited 
 against the prisoner, Lieutenant Colonel Gervase Rainy, of the 
 1st Battalion of the 60th Regiment, with that adduced in his de- 
 fence, is of the following opinion : that he is Not Guilty of the 
 first count of the first charge. 
 
 The Court is of opinion that he is Guilty of the second and 
 third counts of the 1st charge. 
 
 The Court is of opinion that he is Guilty of the first part of 
 the second charge, viz. ' neglect of duty, by irregularity in the 
 regimental books;' but he is Not Guilty of the latter part of the 
 second charge, viz. ' and particularly in suppressing and • not 
 causing to be entered public correspondence, since the 2d of 
 March, 1807.' 
 
 The Court is of opinion that he is Guilty of the first count of 
 the third charge. 
 
 On the second count of the third charge, the Court finds the 
 prisoner Guilty, but not to the full extent of the charge ; that 
 part wherein it states, ' and which alterations and erasures ap- 
 pear to be with a criminal intention,' not being fully proved. 
 
 The Court is of opinion the prisoner is guilty of the third 
 count of the third charge. 
 
 The Court is of opinion that the prisoner is not Guilty of the 
 first part of the fourth count of the third charge, viz. ' in chiarg- 
 ing to the regimental fund different sums of money which h6 re- 
 ceived through other channels, particularly <£l20 for freight of 
 clothing, which appears by his letter of 5th November, 1804, to 
 Messrs. Greenwood and Cox, he directed to be placed to his 
 own private account. 
 
 But that he is guilty of the latter part of the fourth count. of 
 the third charge, viz. ' also taking credit to himself for a sum of 
 .£54, a balance due on the late General Gardner's account, and 
 which appears unaccounted for'; also, overcharging non-commis- 
 
G. Hewelson. 075 
 
 sioned Officers and privates, for printed German certificates, to 
 the amount of .£13, which he appropriated to his own use, and 
 also charged against the Regimental Fund.' 
 
 On the fifth count of the third charge, the Court finds the pri- 
 soner Guilty, but not to its full extent, considering him entitled 
 to the allowance of 3s. per day, as Commanding Officer. 
 
 The Court is of opinion the prisoner is Guilty of the sixth 
 count in the 3d charge. 
 
 The Court sentences the prisoner, Lieutenant Colonel Gervase 
 Rainy, of the 1st Battalion of the 6()th Regiment, to be 
 cashiered. 
 
 His Majesty having been pleased to approve and confirm the 
 Sentence of the Court Martial, and to direct that it should be 
 carried into effect ; His Royal Highness the Commander in Chief 
 directs that the charges before stated, together with the Sentence 
 of the Court, shall be read at the head of every regiment, and 
 inserted in the orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Rainy is since dead. — Editor. 
 
 CAPTAIN GEORGE HEWETSON.— 1808. 
 
 G. O. Horse Giwrds, 22 Julyi 1808. 
 
 At a General Court Martial, held at Canterbury, on the 25th 
 pf May, 1808, and continued by adjournments to the 11th of 
 June following. Captain George Hewetson, of the 2d Battalion 
 of the 9th Regiment, was arraigned upon the following charges, 
 viz. — 
 
 1st Charge. ' For having, in direct disobedience of His Majesty's 
 orders, to the prejudice of good order and discipline, while doing the duty 
 of Quarter Master to the 2nd Battalion of the 9th Regunent of Foot, 
 made, for his own private advantage, the following scanddous and unwar- 
 rantable charges to the non-commissioned Officers and soldiers of the 
 said regiment, in articles of necessaries and appointments, in the manner 
 and at the times and places hereafter specified ; being conduct highly 
 unbecoming the character of an Officer and a Gentleman, viz. ' at 
 Burton upon Trent, in Staffijrdshire, between the 25th of April and 21st 
 of Jiuie, 1807, in the furnishing of 123 pairs of breeches at 8s. per pair, 
 155 pau-s of leggins at 5s. per pan-, and 159 foraging caps at 2s. 6d'. 
 
 T 2 
 
276 G.Uewelson. 
 
 each, thexloth and making up of such articles having cost the said Cap- , 
 tain Hewetson, about £84 : As. 6d., whereby an undue profit accrued 
 to the said Captain Hewetson of £23 : \2s. 6d., the regulated price, by' 
 His Majesty's Warrant, being for breeches 6s. 6d. per pair, leggins 4s. 
 per pair, and foraging caps \s. 3rf. each. At Chelmsford, in Essex, 
 about 177 pairs of breeches at 9s. per pair, 185 pairs of leggins at 5s. 
 pfer pair, and 242 foraging caps at 2*. &d. each, the cloth and making 
 up of which articles cost the said Capt.Hewetson about £\ 14 : 13s. \0d., 
 -whereby an undue profit of about £41 : 9s. 2d. accrued to the said Cap- 
 tain Hewetson, the regulated price of His Majesty's Warrant being for 
 breeches 6s. per pair, leggins 4s. per pair, foraging caps Is. 3d. each. 
 At ShorncMe Barracks, in Kent, 67 pairs of breeches at 8s. per pair, 
 73 pairs of leggins at 5s per pair, 104 foraging caps at 2s. %d. each, the 
 cloth and making up of which articles having cost the said Captain Hew- 
 etson about £45 : Os. lOrf, whereby an undue profit of about £13 : Is. 2d. 
 acci-ued to the said Captain Hewetson, the regulated price, by His Ma- 
 jesty's Warrant, being for breeches 6s. 6rf. per pair, leggins 4s. per pair^ 
 foraging caps Is. 3rf. each. 
 
 2d. Charge, ' For scandalous and infamous conduct, unbecoming the 
 character of an Officer and a Gentleman, in taking from the Regimental 
 Store of the Battalion, articles of clothing and appointments belonging 
 to the Colonel of the said battalion, in the quantity and at the periods 
 hereafter specified, and for having charged the same at exorbitant prices 
 to the soldiers, viz. 'At Burton upon Trent, on or about the 14th of June, 
 1807, twelve pairs of shoes, for which he. Captain Hewetson, chai-ged 
 the soldiers of his company at the rate of 9s. per pair, the clothier's 
 price to the Colonel being 6s. 9d. he not having accounted to the Colonel, 
 or in any way made knovm, his having taken away the said shoes for his 
 own private advantage. At Chelmsford, in Essex, between the 5th of 
 July and 18th of September, 1807, in taking from the Regimental store 
 26 regimental caps, which he. Captain Hewetson, aftei-wards famished 
 as his own property to the volunteers from the militia at os. bd. each, he 
 not having accounted to the Colonel for the said caps, excepting as so 
 many caps issued with the clothing of the battalion for the year 1807. 
 
 3d Charge. ' For scandalous and infamous conduct, highly unbecoming 
 the character of an Officer and a Gentleman, at Shomcliffe, in Kent, in 
 the month of October last, in chai-ging carriage on sundiy articles of re-i 
 gimental appointments as hereafter specified, which articles were sent tq 
 the regiment freeof all expense, thereby defrauding the soldiers, viz. 'knap- 
 sacks at \\d. each, great-coat sling at 2d. each, queues at ^ci, each. 
 • 4th Charge. ' For scandalous and infamous conduct, highly unbecom- 
 ing the character of an Officer and a Gentleman, in having about the 
 month of December last, when he delivered over the regimental stores to 
 the present Quarter Master, taken therefrom, for his own private use and 
 advantage, four yards of breeches cloth, and made up the same as neces- 
 saries for the men, knowing it was part of the clothing of the regiment, 
 and also in having made use of a few yards of yellow cloth found at the 
 public expense, in putting collars to the waistcoats of his own company, 
 and charging the soldiers at the rate of 9^rf. for each collar. 
 
G. Hewetson. 277 
 
 5tli Charge. * For scandalous and infamous conduct, unbecoming tKe 
 character of an Officer and a Gentleman, in having produced to the 
 Commanding Officer for signature, a false account of the expenditure of 
 the half-yearly Ordnance allowance for the providing of oil, emery, tum- 
 sciews, he. to December last, well knowing that the amount had not 
 been expended in conformity to His Majesty's regulations.' 
 
 Upon which charges the Court came to the following deci- 
 sion : — 
 
 The Court having most maturely deliberated upon, weighed, 
 and considered the whole of the evidence and matter that has 
 been adduced, both in support of the prosecution and the de- 
 fence, is of opinion, that the prisoner. Captain George Hewetson, 
 of the 9th Regiment of Foot, is Guilty in part of the first charge 
 preferred against hiin, as it appears to the Court, that over- 
 charges for all the articles issued to the soldiers of the regiment 
 at Burton, Chelmsford, and ShomclifFe, have been made by the 
 prisoner, although the Court hath not been able to ascertain the. 
 exact amount. 
 
 The Court is also of opinion, that he, the said Captain George 
 Hewetson, is Guilty of the whole of the second and of the third 
 charges exhibited against him, and likewise of the first part of the 
 fourth charge, relative to four yards of breeches cloth taken from 
 the stores, and made up as necessaries for the men, knowing it to 
 be a part of the clothing of the regiment ; but the Court doth 
 acquit him of the second part of the fourth charge, relative to a 
 few yards of yellow cloth, because it appears to the Court, that 
 he, Captain Hewetson, had Lieutenant Colonel Cameron's per- 
 mission to use the said yellow cloth, though under a positive in- 
 junction to return an equal quantity to the stores ; for not having 
 done which, in due time, the Court considers the prisoner highly 
 culpable. 
 
 The Court is further of opinion, that the prisoner is Guilty of 
 the whole of the fifth charge alleged against him, and in consi- 
 deration of the degree of criminality that attaches to his conduct, 
 the Court doth sentence him, the aforesaid Captain George Hew- 
 etson, to be dismissed from His Majesty's service. 
 
 The Court at the same time is anxious to express how painful 
 it feels the necessity of awarding this punishment against Captain 
 Hewetson, of whose former good character and conduct, both aa 
 
■278 ]Sf, Fisher and W. Upton. 
 
 an Officer and a Gentleman, the Court hath received so many 
 very highly^ favourable testimonies. 
 
 His Majesty having been pleased to confirm the Opinion and 
 Sentence of the Court, His Royal Highness the Commander in 
 Chief directs that the foregoing charges, together with the Sen- 
 tence of the Court, shall be read at the head^of every regiment, and 
 inserted in the orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN NEVILLE FISHER.— 1808. 
 
 G. O. Horse Guards, 30 JiaZy, 1808. 
 
 At a General Court Martial, held at Parkhurst Barracks, on 
 the 4th and 5th July, 1808, Ensign Neville Fisher, of the 50th 
 Regiment, was arraigned upon the following charge, viz. 
 
 ' Disobedience of orders, in not embarking in the Harlequin transport, 
 on the 28th day of May, 1808, which order was repeated on the follow- 
 ing day, and again on the 10th day of June, and for absenting himself 
 from the Army D&p6t without leave, sonietime between the periods of the 
 11th and 29th of June, 1808.' 
 
 Upon which charge the Court came to the following deci- 
 sion : — 
 
 The Court having duly considered the evidence given in sup- 
 port of the chai'ge, as well as what the prisoner had to offer in 
 his defence, is of opinion that the prisoner. Ensign Neville Fisher, 
 of the 50th Regiment of Foot, is Guilty of the whole of the 
 charge alleged against him, and does therefore adjudge him to 
 be dismissed from His Majesty's service. 
 
 His Majesty having been pleased to approve and confirm the 
 Sentence of the Court, His Royal Highness the Commander in 
 Chief directs, that the foregoing charge, together with the Sen- 
 tence of the Court, shall be read at the head of every regiment, 
 and entered in the regimental orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT WILLIAM UPTON.— 1808. 
 
 G. *0. Horse Guards, 10 Jvg. 1808. 
 
 At a General Court Martial, held at Canterbury, on the 17 th 
 
 June, 18DS, and continued by adjournments to the 22nd of the 
 
W. XJpton. 275 
 
 same month, Lieutenant William Upton, of the l6th Light Dra- 
 goons, was arraigned upon the undermentioned charge, viz. 
 
 ' For having, on or about the 27th day of March, 1808, posted a pa- 
 per in a public billiard-room, at Hythe, purporting that Major Henry 
 Yonge, his superior Officer, then Brigade Major, at Hythe, was a' scoun- 
 drel, a coward, and a disgrace to his profession,' being contrary to his 
 duty as an Officer, and to the prejudice of good order and military dis- 
 cipline.' 
 
 Upon which charge the Court came to the following deci- 
 sion : — 
 
 The Court having most maturely deliberated upon, weighed, 
 and considered the whole of the evidence and matter that has 
 been adduced in support of the charge exhibited against Lieute- 
 nant William Upton, of the 1 6th Light Dragoons, together with 
 what he, the prisoner, has offered in his defence, is of opinion that 
 he, the said Lieutenant W^illiani Upton, is Guilty of writing, and 
 is likewise Guilty of having caused publicity to be given to the 
 paper which was posted in the public billiard-room, at Hythe, 
 though he did not actually affix the paper to the walls of the 
 room ; yet, under these circumstances, the Court considers the 
 prisoner equally amenable and responsible for the act of the 
 paper being posted, and the Court does therefore sentence the 
 aforesaid Lieutenant William Upton, of the l6th Light Dragoons, 
 to be cashiered. 
 
 But the Court, on a reference to the very severe and unjustifi- 
 able language made use of by Major Yonge, to the prejudice of 
 Lieutenant Upton's character and honour as an OtBcer and a 
 Gentleman, and of course to his future pursuits in his profession, 
 and which expressions he, Major Yonge, refused to disavow, re- 
 grets that no discretion is left to it in the present instance to 
 adjudge a milder punishment ; and having maturely taken int6 
 consideration the provocation on the part of Major Yonge, and 
 also the very high testimonials which Lieutenant Upton has pro- 
 duced in favour of his character, not only as an Officer, but also 
 as a peaceful and amiable member of society, the Court humbly 
 begs leave to recommend Lieutenant William Upton to his Ma- 
 jesty's most gracious clemency, 
 
 His Majesty having considered the offence, of which the pri- 
 soner has been found guilty, to be so flagrant a breach of subordi- 
 
280 J. Blakt and J. O'Meali/. 
 
 nation and military discipline, that it was not possible, without 
 prejudice to the service, to give effect to the recommendation of 
 the Court, has been pleased to command that the sentence should 
 be carried into effect. 
 
 His Royal Highness the Commander in Chief is pleased to 
 direct that the foregoing charge, together with the opinion and 
 Sentence of the Court, shall be read at the head of every regi- 
 ment, and entered in the regimental orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Major Yonge is now a Brevet Lieutenant Colonel, and on 
 the Half-pay of the 53d Foot. — Lieutenant Upton is on the 
 Half-pay as Lieutenant in the 15th Foot. — Editor. 
 
 LIEUTENANT JOHN BLAKE and ASSISTANT 
 SURGEON JAMES O'MEALY.- 1808. 
 
 G. O. Horse Guards, 11 Avg. 1808. 
 
 At a General Court Martial held at Canterbury, on the 12th of 
 July, 1808, and continued by adjournments to the l6th of the 
 same month, Lieutenant John Blake aiid Assistant Surgeon 
 James O'Mealy, of the 1 6th Light Dragoons, were arraigned 
 upon the under-mentioned charge, viz. 
 
 ' For conduct unbeconung the character of 0£Scers and Gentlemen, 
 in having, on or about the 18th day of May last, assaulted Mr. John 
 Read, Barrack-master, in the Barrack -yard, atNewRomney, and having 
 with a whip, or stick, repeatedly struck the said Mr. John Read, who was 
 at the time so debilitated, in consequence of a previous illness, as to be 
 under the necessity of being supported by Mrs. Read (his Wife), who 
 also received several blows from them; and in having afterwards called 
 several soldiers who were in the Barrack-yard, to acquaint them of this 
 outrageous conduct.' 
 
 Upon which charge the Court came to the following de- 
 cision : — 
 
 The Court having most maturely deliberated upon, weighed, 
 and considered the whole of the evidence and matter that has 
 been adduced in support of the charge exhibited against Lieute- 
 nant John Blake, and Assistant Surgeon James O'Mealy, of the 
 16th Light Dragoons, together with what they, the prisoners, have 
 brought forward in their defence, is of opinion that Lieutenant 
 John Blake did assault Mr. Read, in the Barrack-yard at New 
 
J. Blake and J. O' Mealy. 281 
 
 Romney, on the ] 8th day of May last ; but the Court does not 
 attach the culpability of conduct unbecoming the character of a 
 Gentleman, to his actions, because it appears to the Court, that 
 he, Lieutenant Blake, did receive the most gross provocation from 
 Mr. John Read, yet the Court considers that Lieutenant Blake 
 acted very indiscreetly as an Officer, in having called several dra- 
 goons to witness the transaction, and the Court does therefore 
 sentence him to be privately reprimanded. The Court does 
 acquit him, Lieutenant John Blake, of every other part of the 
 charge. 
 
 It appears to the Court that Assistant Surgeon James O'Mealy, 
 of the l6th Light Dragoons, is Not Guilty of the charge, and the 
 Court does therefore most fully and most honourably acquit him. 
 
 Before closing its proceedings, the Court feels itself bound to 
 notice, and to animadvert, in the strongest manner, on the many 
 unsubstantiated assertions set forth by the prosecutor Mr. John 
 Read, Barrack-master, and also on his highly improper, irritating 
 and ungentlemanlike letter, dated the I6th of May last, and ad- 
 dressed to Lieutenant Blake, which letter the Court considers as 
 the principal cause of the unpleasant and distressing circumstan- 
 ces, that arose on the 18th of May last, and in which the prisoners. 
 Lieutenant Blake and Assistant Surgeon O'Mealey have since 
 been placed. 
 
 His Majesty has been pleased to approve the Sentence of the 
 Court, but taking into consideration the conduct of the prosecu- 
 tor Mr. John Read, Barrack-master at New Romney, has been 
 pleased to consider him an unfit person to be a Barrack-master, 
 and to command that he shall be removed from his situation. 
 
 His Royal Highness the Commander in Chief directs that the 
 foregoing qharge, together with the Opinion and Sentence of the 
 Court, and His Majesty's pleasure thereon, shall be read at the 
 head of every regiment, and inserted in the orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Blake died, and was succeeded as a Lieute- 
 nant in the l6th Dagoons, in 1811. — Assistant Surg. O'Mealy 
 is now Surgeon to the 1 1th Dragoons. — Editor. 
 
( 282 ) . 
 
 LIEUT. COL. JOHN MACKELCAN.— 1808. 
 
 ^- '^V Horse Chiards, 12 Jug. 18d&. 
 
 At a General Court Martial, held at the Royal Hospital, at 
 Chelsea, on the Qth June, 1808, and continued by adjourn- 
 ments to the 27th of the same month. Lieutenant Colonel John 
 Mackelcan, of the Corps of Royal Engineers, was tried upon 
 the following charges, viz. 
 
 1st Charge. ' Great misconduct as an OfScerj in having, while Com- 
 manding Royal Engineer- at Guernsey, and Commanding the half Com- 
 pany of Royal Military Artificers, stationed in that Island, hy certifi- 
 cates or writings under his hand, dated respectively the 3 1st March, 
 1805, directed or authorised the payment for 45 bu^els of coals, and 25 
 pounds and a half of dandles, specified in the vouchers, to have been 
 furnished during the March quarter, 1805, for a Barrack Guard of the 
 said Royal MiUtai-y Artificers, and charged therein, and paid for accord- 
 ing to the rate of Allowances specified in the Barrack Regulations, al- 
 though he well knew that no such Barrack Guard had been mounted 
 within that period, and in having embezzled and converted to his own 
 use, the whole of the coals so furnished and paid for, together with 
 other quantities of coals, amounting to 85 bushels or thereabouts, that 
 had been supplied for the public service, and paid for out of the public 
 monies. 
 
 2d Charge. ' Disobedience and neglect of His Majesty's order for 
 regulating the rates of mihtary working pay, signified in the General 
 Orders of His Royal Highness the Commander in Chief, dated 1st July, 
 1802, and also disobedience and neglect of the order of the Lieutenant 
 General and Boai-d of His Majesty's Ordnance dated 2d July, 1799, in 
 the following manner :' 
 
 ' First, In having directed, or knowingly permitted, certain charges 
 of working pay to James Frost, and Dennis Flynn, two of the soldiei^ 
 belonging to the troops in the garrison at Guernsey, who had been em- 
 ployed as labom'ers in the Engineer Department, at different periods, 
 from the 1st May, 1806, to the 30th April, 1807, both inclusive, to be 
 made for a greater niunber of days than those, on which they were em- 
 ployed, and in having by certificates or writings under his hand, dated 
 respectively the 31st May, 30th June, 31st July, 31st August, 30th Sep- 
 tember, 31st October, 30th November, and 31st December, 1806, and 
 the 31st January, 28th February, 31st March, and 31st May, 1807, 
 du-ected the payment of such unproper charges, by which mode of charge, 
 the said two soldiers received, and were paid sums amounting to a higher 
 rate of pay per diem for their labour, than is authorised hy the said re- 
 gulations, and 
 
 ' Second, In baring by certificates or writings under his hand, dated 
 respectively the 31st March, 1805, and on the last day of every subse- 
 quent month, down to the 28th February, 1806, inclusive, directed j^ay- 
 ment to be made of certain monthly pay-lists, wherein were inserted the 
 names of Elias Bennet, John Nattras, SamuelMcholson, George Illey, 
 John Athey, David Bain and Edward Howe, (seven others of the soldiers 
 
J. Mackikan. S83 
 
 belonging to the said troops in garrison at Guernsey, who had been em- 
 ployed as labourers in the engineer department) who were labourers 
 only, but who were to his knowledge, at the time, falsely charged in the 
 said pay-lists, under the denominations of Artificers, Miners, and Quar- 
 rymen, by reason of which false descriptions such persons were charged at, 
 and were paid higher rates of pay per diem for their labour, than they 
 would have been entitled to receive under His Majesty's said order, and 
 the Commander in Chief's said regulations of the 1st July, 1802, had 
 they been truly described in the said pay-lists.' 
 
 3d Charge. ' Disobedience and neglect of the orders of the Master 
 General, Lieutenant General and Principal Officers of His Majesty's 
 Ordnance, contained in the said Master General and Board's Circular 
 Letters, of the 23d November, 1 784, 7th July, 1 786, and 2d July, 1 799, 
 by having at different periods, from the 1st April, 1805, to the 12th 
 September, 1806, both inclusive, employed or authorised to be employed, 
 Samuel Shaw, a person, who in the monthly pay-lists, dated respec- 
 tively, the 30th April, 1805, and on the last day of every subsequent 
 month, down to the 30th of September, 1806, was returned and charged 
 a labourer, in the capacity of a clerk, or otherwise for other purposes, 
 and in a different character or capacity, from that in which he was re- 
 turned and charged in the said pay-lists, and having at diftierent periods 
 from the 1st April, 1805, to the 3.1st December, 1807, inclusive, di- 
 rected or knovringly permitted, Robert Brinkworth, James James, Wil- 
 liam Hambly, and others, to be charged on the said pay-lists, as labourers 
 or military artificers, entitled to working pay for times when not actually 
 employed in the public service, as such labourers, or artificers, or 
 otheiTvise, but employed on his ovra private occasions, and for his own 
 particular benefit. 
 
 4th Charge. ' Great misconduct as an Officer, in having at different 
 times, from the 1 St April, 1805, to the 31st December, 1806, both in- 
 clusive, employed on the works, and received hire for his own horses, 
 charged in certain vouchers, dated respectively, the 30th June, 30th 
 September, and 31st December, 1805, and 31st March, 30th June, 30th 
 September, and 31st December, 1806, under the name of, and as be- 
 longing to one John Lang, and in having directed or knowingly per- 
 mitted the said false vouchers to be so made out to cover those transact 
 tions, and having by certificates or writings under his hand, subjoined 
 to the said false vouchers, respectively directed the payment of the sum» 
 charged in such vouchers. 
 
 Lastly. ' Disobedience and neglect of the orders of the Lieutenant 
 General and principal Officers of His Majesty's Ordnance, contained in 
 the Board's Letter of the 13th August, 1806, signifying to Lieutenant 
 Colonel Mackelcan, that he had authority for building such boats, as he 
 had recommended in a previous letter of the 7th August then instant, 
 as also for hiring a coxswain and crew when required, reporting to the 
 Board the expense he might incur for building the boats, and transmit- 
 ting quarterly, an account of the expenses that might be incurred by 
 the coxswain and the crew, by, after the receipt of that lettei-, namely, 
 at different periods specified in certain monthly pay-lists, dated respec- 
 tively the 30th September, 3 1st October, 30th November, and 31st De. 
 
284 J. Mackelcan. 
 
 cember, 1806, and the'3 1st January, 28th February, 31st March, 31st 
 May, 30th June, 31st August, and 30th September, 1807} hiring a 
 coxswain and boat's crew, at times when not required for the service 
 of the boats of his department, and having not reported to the Board, 
 the expence incuri-ed for building or purchasing the said boats, and not 
 having transmitted to the Boaird, quarterly, or otherwise, an account of 
 the expenses incurred for the said coxswain and boat's crew, as therein 
 directed." 
 
 Upon which charges the Court came to the following decisions : 
 
 The Court Martial having duly and attentively considered and 
 ■weighed the evidence, which has been adduced, as well what has 
 been offered on the part of the prosecution as that on the 
 defence, is of opinion, with respect to the first charge, that 
 there was a barrack guard, but that no coals were specifically 
 issued to that guard ; at the same time, the Court is of opinion, 
 that Lieutenant Colonel Mackelcan did not embezzle nor con- 
 vert to his own use, any part of the coals, and does therefore 
 acquit him of that part of the charge. The Court is further of 
 opinion, that Lieutenant Colonfel Mackelcan was irregular in 
 applying the coals to purposes distinct from the service for which 
 he ordered the payment of them. 
 
 With regard to the second charge, the Court is of opinion, that 
 Lieutenant Colonel Mackelcan is Guilty of the first pait thereof. 
 
 With regard to the second part of the said charge, the Court 
 is of opinion, that the seven men therein named, were not falsely 
 denominated in the pay-lists, but there was an irregularity in 
 Lieutenant Colonel Mackelcan's manner in paying those men, 
 and although contrary to the regulations and orders, the Court is 
 satisfied that it arose from a desire to save the public purse. 
 
 As to the third charge, the Court is of opinion, that he is 
 Guilty of the first part thereof. 
 
 With respect to the second part, the Court is of opinion, that 
 James James was knowingly permitted to be charged on the pay- 
 list, as a labourer or military artificer, entitled to working pay 
 for times when not actually employed in the public service, but 
 that neither James James, nor either of the other two men stated 
 in this part of the charge, were employed on Lieutenant Colonel 
 Mackelcan's own private occasions, and for his own particular 
 benefit, and does therefore acquit Lieutenant Colonel Mackel- 
 can of that part of the charge. 
 
J. Mackekan. 285 
 
 With respect to the fourth and fifth (or last) charges, the Court 
 is of opinion, that Lieutenant Colonel Mackelcan is Guilty. 
 
 Upon full consideration of the whole matter, the Court is of 
 opinion, that Lieutenant Colonel Mackelcan has been guilty in 
 some instances, of disobedience of orders and irregularity of con- 
 duct ; but it appearing that he has not, on any occasion, been 
 actuated by motives of personal interest, but on the contrary, by 
 an ardent zeal for the public good, it only adjudges Lieutenant 
 Colonel Mackelcan to be reprimanded. 
 
 His Majesty considering the conduct of Lieutenant Colonel 
 Mackelcan, in departing in several instances from positive and 
 important orders and regulations, as highly irregular and repre- 
 hensible, has been pleased to command, that the General Officer 
 commanding in Guernsey, where Lieutenant Colonel Mackel- 
 can was stationed, shall convey to that Officer, in the presence of 
 all the Officers of the garrison assembled. His Majesty's most 
 serious displeasure, that, before he departed from those orders 
 and regulations, which it was his duty to obey, he should have 
 omitted to consult his superior Officers, upon the expediency of 
 such a deviation, or to take the earliest opportunity of informing 
 them both of the deviation itself, and of the reasons which, in 
 his opinion, appeared to justify it ; and that in so doing. Lieute- 
 nant Colonel Mackelcan has set an example highly prejudicial 
 to the interests of His Majesty's service. 
 
 His Majesty has further desired to be conveyed to Lieut. Col. 
 Mackelcan, His Majesty's great regret, that an Officer of such long 
 service and high character, should have exposed himself to this 
 deserved censure, and that nothing but a consideration of his ser- 
 vices and character, could have induced His Majesty to confirm 
 the lenient Sentence of the Court, upon the various charges of 
 which Lieutenant Colonel Mackelcan has been found Guilty. 
 
 His Royal Highness the Commander in Chief directs that the. 
 foregoing charges, together with the Opinion and Sentence of 
 the Court, and His Majesty's pleasure thereon, shall be read at 
 the head of every regiment, and inserted in the regimental orderly 
 books. HARRY CALVERT, Adj. Gen. 
 
 N. B. Col. Mackelcan is nowa Maj . Gen. in the army. — Editor. 
 
286 G. J. HaiKlay. 
 
 ENSIGN HENRY BALL.— 1808. 
 
 ^' O- Horse Guards, 13 Avg. 1808. 
 
 At a General Court Martial, held at Winchester, on the 18th 
 of July, 1808, and continued by adjournments to the 29th of 
 the same month. Ensign Henry Ball, of the 2d Somerset Militia, 
 was arraigned on the following charge, viz. 
 
 ' Behaving in a scandalous, infamous manner, such as is unbecom- 
 ing the character of an Officer and a Gentleman, in having sold to one 
 Richard Davis, of Wilmuigton, in the county of Sussex, on or about 
 the 14th of January, 1S07, several casks of contraband spirits, which 
 said casks had been seized by the said Ensign Henry Ball, and afterwards 
 at Cuckmere, on the said 14th January, 1807, taken into the custody of 
 Thomas Allwork, and other Officers of the Customs, belonging to the 
 port of Newhaven, in the county of Sussex.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having taken into its consideration the evidence 
 adduced in support of the charge, preferred against the prisoner. 
 Ensign Henry Ball, of the 2d Somerset Regiment of Militia, 
 and also what the prisoner has offered in his defence, is of 
 opinion, that Ensign Henry Ball is Not Guilty of the crime pre- 
 ferred against him, and does therefore honourably acquit him of 
 the same. 
 
 His Majesty having been pleased to approve the Sentence of 
 the Court, His Royal Highness the Commander in Chief directs 
 that the foregoing charge, together with the decision of the Court, 
 shall be inserted in the orderly books of every corps. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN G. J. HALLILAY.— 1808. 
 
 G. O. Horse Guards, 1 Sept. 1808. 
 
 At a General Court Martial, held at Weely, on the 8th July, 
 1 808, and continued by adjournments to the 3d of August fol- 
 lowing. Captain George John Hallilay, of the 10th Regiment of 
 Foot, was arraigned upon the following charges, viz. 
 
 1st Charge. 'For unofficer-like conduct, in preferring charges against 
 Lieutenant and Adjutant Spike, and Lieutenant and Acting Quarter Mas- 
 ter Simpson, of the said 10th Regiment of Foot, to Lieutenant Colonel 
 
G. J. Hallilay. 287 
 
 Newman, then being the Commfinding Officer of the same regiment, on 
 or about the 1 8th June, 1808, which charges were malicious, vexatious, 
 and groundless. 
 
 2d Charge. ' For conduct highly unbecoming the (iharacter of an 
 Officer, in prefeiring complaints against Lieutenant Colonel Newman his 
 Commanding Officer, to Lieutenant General Lord Charles Fitzroy, in 
 the month of June, 1808, without aUowing the same to be forwarded 
 through the regular channel, although Lieutenant Colonel Newman had 
 ottered to forward any complaints Captain Hallilay might have to make 
 against him, or any other Officers of the regiment, being highly preju- 
 dicial to good order and militaiy discipline. 
 
 3d Charge. ' For personal disrespect to Lieutenant Colonel Newman, 
 his Commanding Officer, on the parade, at Weely Bairacks, on Saturday, 
 2d July, 1808, in presuming to interfere with the duties of Lieutenant 
 Colonel Newman, then Commanding Officer of the regiment, and for 
 making use of very ungentlemanly and insolent expressions to Lieutenant 
 Colonel Newman, and also applicable to him, and Lieutenant Simpson 
 of the 10th .Regiment, on having been informed, that Lieutenant Simp- 
 son was then acting in obedience to the orders which he had received 
 from Lieutenant Colonel Newman, he. Captain Hallilay, having made 
 use of the following expressions in answer to an observation of Lieute- 
 nant Colonel Newman. " It is of no consequence, birds of a feather, 
 flock together." 
 
 4th Charge. ' For disgraceful conduct, unbecoming the character of 
 an Officer and a Gentleman, in making use of disrespectful language 
 against the Officers of the Regiment, in front of the mess-room, on or 
 about the 15th or 16th of May, 1808, by saying that, "he would be 
 damned if ever he was concerned with such a rascally set in his life," 
 meaning the Officers of the said 10th Regiment. 
 
 5th Charge. ' For quitting, the morning of the 13th June, 1808, 
 without leave, and refusing to return, when ordered so to do by Major 
 Short, the then Commanding Officer of the parade, and disgracefully 
 sending a direct falsehood by the Serjeant Major of the regiment, in de- 
 Siring him to tell Major Short, that he. Captain Hallilay, was gone 
 away, when, in point of fact, he was not.' 
 
 Upon which charges the Court came to the following decision. 
 
 The Court having well and maturely considered the evidence 
 adduced in support of the charges against the prisoner, as well 
 as the observations and statement made by him, by way of de- 
 fence, is of opinion, that the prisoner, Captain Hallilay, is Not 
 Guilty of the offence contained in the first charge, but that he is 
 Guilty of having preferred charges against Lieutenant and Adju- 
 tant Spike, and Lieutenant and acting Quarter Master Simpson, 
 to Lieutenant Colonel Newman the prosecutor, unbecoming an 
 Officer to prefer, although the Court feels itself bound to say, 
 that it does not appear to it, that the motives which induced the 
 
288 C. J. HaUilay. 
 
 prisoner to prefer such charges, were either malicious or vexatious. 
 — ^The Court is of opinion, that the prisoner is Guilty of the 2d 
 charge. 
 
 That he is Not Guilty of the first part of the 3d charge, but 
 that he is Guilty of 'having behaved with personal disrespect to 
 Lieutenant Colonel Newman, the prosecutor, his Commanding 
 Officer, in having made use of improper expressions before him,' 
 although it does not appear to the Court, that such expressions 
 were intended by the Prisoner to apply to him, Lieutenant Colo- 
 nel Newman. 
 
 The Court is further of opinion, that the prisoner is Not 
 Guilty of the 4th charge, and the Court doth therefore acquit him 
 thereof. 
 
 With respect to the 5th charge, it appears to the Court, that 
 the prisoner has already been severely punished, by having been 
 put into, and kept in arrest, for the offence stated and alleged 
 against him in that charge, and by having been severely repri- 
 manded in orders, and afterwards released from arrest; and there- 
 fore the Court considers, that that Charge ought not to have been 
 preferred by Lieutenant Colonel Newman, the prosecutor, 
 against the prisoner, and it has therefore declined to proceed 
 upon the investigation of it. 
 
 For the oifences of which the Court hath so found the prisoner 
 to be Guilty, it doth adjud'ge, that he, the prisoner, shall be sus- 
 pended from rank and pay, for the space of three months. 
 
 Having thus performed a very unpleasant part of its duty, with 
 respect to the prisoner, the Court considers itself compelled to 
 turn its attention to the conduct of those OflScers, of the second 
 Battalion of the 10th Regiment, who composed the mess of that 
 battalion, at the time the sentence of the late Court Martial, on 
 the prisoner, was officially communicated to him, and who re- 
 fused to re-admit the prisoner as a member of their mess, after it 
 had come to tlieir knowledge that His Majesty had been gra- 
 ciously pleased to extend his forgiveness to the prisoner, and to 
 reinstate him in his rank, as a Captain in the 10th Regiment. 
 The Court has felt great concern at the inattention of those Offi- 
 cers to the merciful consideration which His Majesty was pleased 
 to shew towards the prisoner, not having been, by any means, sa- 
 
C. J. HaUihy. 283 
 
 tisfied with the reason which was attempted to be given for thei 
 resolution to which those Officers came ; for the Court considers 
 that it was the duty of those Officers, if they had any charges 
 against the prisoner, for ungentlemanlike conduct, while he was 
 so under arrest, and awaiting the publication of the sentence of 
 the late Court Martial, to have submitted them to the Com- 
 manding Officer of the battalion, for the purpose of their being 
 laid before the General Officer commanding the district,- as soon 
 as the oifences, on which such charges could be founded, came 
 to their knowledge. 
 
 The Court is concerned to be obfiged to notice the conduct 
 of Lieutenant Colonel Newman, the prosecutor, in having con- 
 firmed an improper arrest of Lieutenants Spike and Simpson,^ 
 and at the same time continued to associate with those Officers, 
 and to permit them to dine at the mess, whilst so under arrest^ 
 and also in having, on the present occasion, preferred the fifth 
 charge against the prisoner, when he. Lieutenant Colonel New- 
 man, must have been conscious that he had before punished the 
 prisoner, for the offence in such charge alleged against him, by a 
 public censure and admonition, inserted in the orders of the bat 
 talion. 
 
 His Majesty has been pleased to approve aiid confirm the 
 finding and sentence of the Court : but from various circum 
 stances of the conduct of the prosecutor. Lieutenant Colonel 
 Newman, as they appear upon the proceedings, and as they have 
 been noticed by the Court, His Majesty has commanded, that 
 it should be intimated to the Lieutenant Colonel, that he does 
 not consider him a fit person to have the command of the 'iA Bat- 
 talion of the 10th Regiment, and that he will be immediately 
 removed from it : and as it appears upon the proceedings, and 
 which has been fully noticed in the opinion of the Court, that the 
 Officers of the 2d Battalion of the 10th Regiment, who com- 
 posed the mess of that battalion, at the time of the sentence of 
 the late Court Martial, on Captain Hallilay, was officially com- 
 municated to him, did not give that attention to the merciful 
 consideration, which His Majesty was graciously pleased to ex- 
 tend towards the prisoner, by reinstating him as a member of the 
 mess, which, after such pardou from His Majesty, it was their 
 
 u 
 
S90' JB. CressmJl. 
 
 duty to have done, iand by their neglect of such duty, theynot 
 only did not manifest a due sense of respect towards His Ma.- 
 jesty's clemency, shown to the prisoner, but they appeared to 
 eherish, by such conduct, a disposition detrimental to the pri- 
 soner's professional reputation, and tending to subvert that har- 
 mony, which it ought to have • been their object to have pre- 
 served, His Majesty was therefore pleased to command, that it 
 should be intimated to those Officers, that their promotion should 
 for the present be suspended. 
 
 His Majesty has been further pleased to command, that it may 
 be intimated to Captain Hallilay, that, his having been twice tried 
 by a General Court Martial, by the first of which, he was sen- 
 tenced to be cashiered, and by the second, to be suspended from 
 rank and pay for three months, His Majesty does not consider him 
 a fit person to remain any longer in the 10th Regiment, and that 
 he will be immediately removed from it. 
 
 His Royal Highness the Commander in Chief is pleased to 
 direct, that the foregoing charges, together with the Opinion and 
 Sentence of the Court, and His Majesty's pleasure thereon, shall 
 be read at the head of the regiment, and entered in the regimen- 
 tal orderly books. 
 
 "By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 IS*. B. Lieutenant Colonel Newman was allowed to dispose of 
 his Commission. — Editor. 
 
 LIEUT. EASTCOURT CRESS WELL.— 1808. 
 
 G. O. Horse Guards, 4 Oct. 1808. 
 
 At a General Court Martial, held in Edinburgh Castle, on the 
 15th August, 1808, and continued by adjournments to the 30th 
 of the same month, Lieutenant Eastcourt Cresswell, of the 94th 
 Regiment, was arraigned upon the undermentioned charges, viz. 
 
 J.st. ' For conduct unbecoming the character of an Officer and a 
 Gentleman, and subversive of good order and military discipline, by dis- 
 turbing the harmony of the Officers at the mess of the regiment, on the 
 21st July last, and after being informed that his deportment gave gene- 
 ral oflfence) still persisting, in defiance of the sentiments of his brother 
 Oflicers^to use provoking speeches and gestures^ snapping his fingers. 
 
T. Maxwell. 291 
 
 and at the same time, repeatedly declaring in a most violent and conr 
 temptuous manner, that he did not care one damn for Lieutenant Colo- 
 nel Campbell, his Commanding Officer, to whom he then addressed him?- 
 self, or for any Officers in the regiment. 
 
 2d. ' For conduct unbecoming the character of an Officer and a 
 Gentleman, and subversive of good order and military discipline, on the 
 22d July last, by entering into an apartment of Poole's Hotel, Edin- 
 burgh, where Captain Charles Campbell, senior of the 94th Regiment 
 then was, and there, without having received any provocation, striking 
 Captain Campbell, his superior Officer, with a horsewhip. 
 
 3d. ' For conduct highly subversive of good order and military dis- 
 cipUne, on the 23d Jidy last, in not immediately obeying the orders ot 
 Lieutenant Colonel Campbell, then commanding the 94th Regiment, 
 delivered to him by Lieutenant Kingdom, Adjutant of the regiment, to 
 go to his quarters under close arrest, but proceeding in a contrary di- 
 rection to the front of the house, in which the regimental mess was held, 
 where the Officers were assembled before dinner, and remaining there 
 for some time.* 
 
 The Court found the prisoner Guilty of the first and second 
 charges, and with respect to the third charge, were of opinion, 
 that the prisoner did not go to his room, so soon as he might have 
 done, after the message to that effect was delivered to him hy the 
 Adjutant, but as it appeared to the Court, that the prisoner ob- 
 tained permission, from the Adjutant, to go to the mess-room to 
 speak with Mr. Armstrong, the Court acquitted him of the said 
 charge. 
 
 The Court sentenced the prisoner to be dismissed from His 
 Majesty's service, and His Majesty having been pleased to con- 
 firm the Sentence, His Royal Highness the Commander in Chief 
 directs, that the foregoing charges, together with the Opinion 
 and Sentence of the Court, shall be read at the head of every 
 regiment, and entered in the orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ASSIST. COMMISSARY T. MAXWELL.— 1808. 
 
 Horse Guards, 5 Oct. 1808. 
 
 At a General Court Martial, held at Fort Zealandria, Surinam, 
 
 on the l6th March, 1808, and continued by adjournments to the 
 
 25th, Assistant Commissary Thomas Maxwell, was arraigned ou 
 
 the undermentioned charges, viz. 
 
 ' For mutinous and disrespectful eonduct, subversive of jdl order, and 
 
 u 3 
 
292 JV. Jenkin. 
 
 highly injurious to His Majesty's service, on the 12th of March^ 1808, 
 in not complying ^th a general brigade order of the preceding day, by 
 which he was reqjiired to attend a Court of Enquiry, assembled at Fort 
 Zealandria, at Iff o'clock in the forenoon of the said 12th March, and 
 for having positively and peremptorily declared, that he would not at- 
 tend the said Court of Enquiry.' 
 
 The Court found- the prisoner Guilty of the charge, and sen- 
 fenced him to be dismissed His Majesty's service. 
 
 His Majesty has been pleased to confirm the Sentence of the 
 Court, and His Royal Highness the Commander in Chief is 
 pleased to direct, that the foregoing charge, together with the 
 Sentence of the Court, shall be read at the head of every regi- 
 ment, and inserted in the orderly books, 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT WILLIAM JENKIN,— 1808. 
 
 Gr. O. Horse Guards, 10 Oct. 1808. 
 
 At a General Court Martial, held at Messina, on the 8th June, 
 ] 808, and continued by adjournments to the 25th of the same 
 month. Lieutenant William Jenkin, of the 62d Regiment, was 
 arraigned upon the undermentioned charges, viz. 
 
 1st. 'For having, on or about the 5th day of April, connived at or 
 permitted a soldier irregularly to quit his rank, while marching to his 
 guard, for the private accommodation of the said Lieutenant Jenkin. 
 
 2d. 'For insubordinate and menacing language to Brigade Major 
 Dmitt, who, in his official capacity, had' noticed and reported the cir- 
 cumstance. 
 
 3d. ' For habitual insubordinate language and conduct, at the mess 
 »i the 62d Regiment, tending to inculcate irregularity and disobedience, 
 though admonished and warned that his former improper conduct, so 
 highly prejudicial to good order and military discipline, should Only be 
 overlooked in consequence of future good behaviour.' 
 
 The Court found the prisoner Guilty of the whole of the 
 charges ; and sentenced him to be dismissed from His Majesty's 
 service, and rendered incapable of serving again in any military 
 capacity whatever. 
 
 His Majesty has been pleased to confirm the sentence of the 
 Court; but, in commanding that the sentence should be carried 
 into effect. His Majesty was pleased to observe, that there ap- 
 peared to have existed in the 1st Battalion of the 62d Regiment 
 an impression that/ at the mess or other meetings of release from 
 
O'Meara. 293 
 
 absolute military duty, there was also a release from professional 
 responsibility and obedience ; and, therefore. His Majesty was 
 pleased to command that it should be expressly signified to this 
 battalion that the Commanding Officer, present with the regiment, 
 is responsible for the discipline and good order of the corps in 
 every particular; and that whether the battalion is actually under 
 arms or otherwise, His Majesty considers every Officer and indi- 
 vidual belonging to it equally accountable for the maintenance 
 and preservation of good order, and the rules and discipline of 
 War, according to the powers granted to them by their respective 
 commissions and situations. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, preferred against Lieutenant Jenkins, of the 
 6ad Regiment, together with the decision of the Court, and His 
 Majesty's pleasure thereon, shall be read at the head of every 
 regiment, and entered in the regimental orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ASSISTANT SURGEON O'MEARA.— 1808. 
 
 G. O. Horse Guards, 11 Oct. 1808. 
 
 At a General Court Martial, held at Messina, on the 17th June, 
 1808, and continued by adjournments to the 25th of the same 
 month, Assistant Surgeon O'Meara, of the 6ad Regiment, was 
 arraigned upon the undermentioned charges, viz. 
 
 1st. 'For being the bearer of a challengCj from a junior to a senior 
 Officer, on the evening of the 27th May last. 
 
 2(1. ' For persevering to repeat that challenge on the 28th and subse- 
 quent days of May, although warned both by the aforesaid senior Officer 
 and his friend that he considered himself, in the circumstance complained 
 of by the challenger, Captain Crookshanks, as acting in his official duty; 
 which conduct, on the part of Assistant Surgeon O'Meara, is contrai-y to 
 the Articles of War, and prejudicial to good order and mihtary disci- 
 pline." 
 
 The Court found the prisoner Guilty of both charges and 
 
 sentenced him to be cashiered; which sentence His Majesty 
 
 has been pleased to confirm. 
 
SJH J. Clark. 
 
 His Royal Highness, the- Commander in Chief directs, that the 
 foregoing charges, preferred against Assistant Surgeon O'Meara, 
 of the 62d Regiment, together with the Sentence of the Court 
 Martial, shall be read at the head of every regiment, and entered 
 in the regimental .orderly books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JOHN CLARK.— 1808. 
 
 G. O. Horse Guards, 8 Nm. 1808. 
 
 At a General Court Martial, held at the Cape of Good Hope, 
 on the l6th May, 1808, and continued by adjournments to the 
 20th of the same month. Lieutenant John Clark, of the 93d Re- 
 giment, was arraigned upon the undermentioned charge, viz. 
 
 ' For behaving in a scandalous infamous manner, unbecoming the cha- 
 racter of an Officer and a Gentleman^ in repeatedly striking Mjijor Brown, 
 of the 93d Regiment, his Superior Officer, in the most violent manner, 
 and at the same time using very opprobrious language to the said Major 
 Brown, when returning to his lodgings in the village of Stellenbosch, on 
 the evening of Thursday the 5th May, 1808.' 
 
 Upon which charge the Court came to the followmg decision : 
 The Court, having maturely weighed the evidence brought for- 
 ward on the part of the prosecution, as well as what has been 
 urged by the prisoner in his own defence, together with all the 
 circumstances relative thereto, are of opinion that he is Guilty 
 of the crimes exhibited against him ; which being in breach of 
 the Articles of War, they do, therefore, adjudge that the said 
 Lieutenant John Clark, of the 93d Regiment, shall be dismissed 
 from His Majesty's service. 
 
 The Court cannot closie their proceedings without animadvert- 
 ing upon the extraordinary conduct of Major Brown, by not 
 placing Lieutenant Clark in immediate arrest upon the first in- 
 stance of disrespect shown him, which would be not only highly 
 creditable to him as an OflScer, having for its olyect the decorum 
 and good of the service, but would have eflfectually put a stop to 
 the unmilitary and disgraceful scene which ensued; and as the 
 Court are conscious the line of conduct adopted by Major Brown, 
 in first drawing his sword on Lieutenant Clark, and in many other 
 
J. W- Lowes. 299 
 
 particulars, was so very different from what ought to have been 
 expected from an Officer of his rank in the army, as muchas Ihey 
 lament it, they trust they do not exceed their bounds, by consi- 
 dering the conduct of Major Brown, the prosecutor, deserving 
 of the severest censure. 
 
 His Majesty has been pleased to confirm the Sentenee of the 
 Court, upon Lieutenant Clark, and to direct that the same should 
 be carried, in to effect. 
 
 His Majesty was pleased to consider the conduct of Major 
 Brown (as it appears upon the face of the proceediijgs, and a^ it 
 has been represented by the Court to be deserving of the severest 
 censure) to have been such, as to render him an unfit Officer to 
 remain in the 93d Regiment; but, that in consequence of the 
 former services of Major Brown, His Majesty commanded that 
 it should be intimated to him, that he will be permitted to retire, 
 receiving the regulated value of his commission. 
 
 His Royal Highness the Commander in Chief directs that the 
 foregoing charge, together with the opinion of the Court, and 
 His Majesty's pleasure thereon, shall be read at the head of every 
 corps, and inserted in the orderly books. 
 
 HARRY CALVERT, Adj. Gejv. 
 
 QUARTER MASTER JOHN W. LOWES.— I8O9. 
 
 G. O. Horse Guards, 9 Jan. 1809. 
 
 At a Detachment Court Martia^l, held 9t Newcastle upouTyne, 
 on the 28th November, 1808, Quarter Master John W. Lowes, 
 of the 1 st (or King's) Dragoon Guards, was arraigned upon the 
 undermentioned charges, viz. 
 
 1st. ' For having, during the months <jf July, August, Septejfflher, ajjd 
 October, 1808, uged or caused to be used fajse weight and measui-e, in 
 issuing the cora entinasted to his care for the horses of Captain Mont- 
 gomei7's troopj in quarters at Newcastle upon Tyne, thereby depriving 
 the horses of the sajd troop of a considerable part of the daily ratiop al- 
 lowed by goverament, contrary to his duty, and to the prejudice of His 
 Majesty's service. 
 
 2d. ' For appropriating to his own use, or otherwise miss^plying a 
 quantity of the said com, accumulated aftM the manner stated in the 
 first charge.' 
 
 Upon which charges the Court came to the foUowiug decision : 
 
^90 D. iiiruMr. 
 
 That the prisoner was N«t Guilty of the former part of the first 
 charge, viz. of ' having used a false wfiight,' but that he was Guilty 
 of the latter part of the first charge, and of the second charge ; 
 and sentenced him to be dismissed from His Majesty's service. 
 
 His Majesty has been pleased to confirm the Sentence of the 
 Court ; and His Royal Highness the Commander in Chief directs 
 that it shail be inserted in the orderly books of every corps. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT DONALD SINCLAIR.— I8O9. 
 
 G. O. Horse Guards, 25 Jan. 1809, 
 
 At a General Court Martial, held at Kingston Barracks, Ja- 
 maica, on the 27th September, 1808, and continued by adjourn- 
 ments to the 4th October following, Lieutenant Donald Sinclair, 
 of the 18th (or Royal Irish) Regiment of Foot, was arraigned 
 upon the following charges, viz. 
 
 For scandalous jand infamous behaviour, such as is unbecoming 
 the character of an Officer and a Gentleman, particularly in the 
 following instances : 
 
 1st. ' By being drunk, on duty, on the eyening of the 11th of June, 
 1808. 
 
 2d. ' By signing and sending in, to the Captain of the day, a false re- 
 port, after coming o£F duty, on the morning of the 12th June, 1808. 
 
 3d. ' For breaking his aiTest, by quitting Spanish Town on or about 
 the 9th April, 1808, and refusing to return from Kingston to the head 
 quarters of his regiment, when officially ordered so to do, by a letter 
 from his acting Adjutant, dated 10th August, 1808, written to him. 
 Lieutenant Sinclau-, by order of the Commanding Officer. 
 
 4th. ' For writing various letters, highly disrespectfiil and insubordi. 
 nate, particularly three : one to Brigadier General Darley, dated Spanish 
 Town, 20th July, 1808; one to Lieutenant* Colonel Honeyman, his 
 Commanding Officer, dated Kingston, 9th August, 1808; another to 
 Lieutenant Janus, acting Adjutant, dated 13th August, 1808; and in 
 them scandalously and falsely asserting that he had been deprived and 
 swindled, under false pretences, out of his commission, apparently imply- 
 ing that his Commanding Officer had been accessary thereto.' 
 
 Upon which charges the Court found the prisoner Guilty, and 
 adjudged him to be cashiered. 
 
 His Majesty has been pleased to confirm the Sentence of the 
 Court ; and His Royal Highness the Commander in Chief directs 
 that the foregoing charges, together with the decision of the 
 Court, and His Majesty's pleasure thereon, shall be read at the 
 
R. Robertson. 297 
 
 head of every regiment, and entered in the regimental orderly 
 
 books. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUT. & PAYMASTER R. ROBERTSON.— I8O9. 
 
 G. O. Horse Guards, 26 Jan. 1809. 
 
 At a General Court Martial, held at Canterbury, on the 29th 
 December, 1808, and continued by adjournments to the 6th 
 January, 1809, Lieutenant and Paymaster Robert Robertson, of 
 'the Royal Pembrokeshire Militia, was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. 'For conduct unbeeoming an Officer, and highly subversive of 
 good order and military discipline, in vmting, at various times, between 
 the 13th of October last and the 13th of December instant, insolent 
 and disrespectful letters to Major Herries, his Commanding Officer, 
 notwithstanding he. Major Herries, had accepted an apology for a si- 
 milar and disrespectful letter, dated 22d August last, as well as disre- 
 spectful conduct on the 24th of August last, when at muster. 
 
 2d. ' For absenting himself, at various times, from the regiment, with- 
 out leave, between the 1st September last and the 13th December in- 
 stant, being highly prejudicial to good order and military discipline. 
 
 3d. ' For preventing his seivant, Henry Perry, a private in the regi- 
 ment, attending at an inspection of clothing, on the 8th instant^ in de- 
 fiance of the order of his Commanding Officer, of the 7th instant, and 
 for not complying with the regimental order of the 8th instant 5 by which 
 he was required to send in, every morning, a report of the state of the 
 barracks at Fort Sutherland, which he was then in charge of, being 
 highly prejudicial to good order and military discipline.' 
 
 Upon which charges the Court found the prisoner Guilty ; and 
 adjudged him to be most publicly and most severely reprimanded 
 in General Orders, by the insertion of this sentence in the said 
 orders, at such time as His Majesty may be graciously pleased 
 to direct the same to be carried into effect. 
 
 His Majesty has been pleased to confirm the sentence of the 
 Court, and to direct that the same may be carried into efiFect. 
 
 His Royal Highness the Commander in Chief directs that the 
 foregoing charges, together with the Sentence of the Court, and 
 His Majesty's pleasure thereon, shall be read at the head of every 
 regiment, and entered in the orderly books of every corps. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Robertson is still the Paymaster to the Pem- 
 brokeshire Militia, — Editor. 
 
( 298 ) 
 ENSIGN ROBERT CARTER— 1809. 
 
 Horse Guards, 18 April, 1809. 
 Having laid before the King the proceedings of a General 
 Court Martial, held at Lisbon, on the 21st February, 1809, and 
 continued by adjournments to the 24th of the same month, for 
 the trial of Ensign Robert Carter, of the 97th (or Queen's own) 
 Regiment, who was arraigned under the undermentioned charge?, 
 viz. — 
 
 1st Charge. ■ ' For conduct highly unhe^ming the character of an 
 Officer and a Gentleman, in drawing his sword upon a Portuguese in- 
 liabitant of Oporto, striking and iU using him, upon the night of the 
 24(31 November, 1808, thereby creating a riot in the street, arid tend- 
 ing to destroy the hannony between the British and Portuguese, so 
 strongly inculcated to be preseiTed by the general wders in this country, 
 in direct violation of his duty as an Officer, and to the prejudice of good 
 «rder and military discipline. 
 
 2d Charge. ' For a gross violation of his duty, as an Officer, in send- 
 ing for a part of the regimental guard, of the 97th Regiment, for the 
 purpose of dispersing a guard of Portugese troops, vrhich had come to 
 the spot in consequence of the tumult excited by Ensign Carter, there-i 
 by endangering the public peace of the town of Opoi-to, being a fle^ant 
 breach of discipline, -and a direct violation of the Artides c^ War. 
 
 3d Charge, ' Fca- making use of disrespectfiil, insulting and threaten- 
 ing' language, towards Captain Scott, of the 45th Regiment, his su- 
 peri(»' Officer, on the night of the 24tb November, being conduct highly 
 unbecoming the character of an Officer and a Grentleman, and a direct 
 breadi of the Articles of War. 
 
 4th Charge. ' For insubordination, and iMsobedience of onders of 
 Captain Scott, when Captain of the piquet, on the night of the 24th 
 November, 1808, in refusing to give up his sword, rendering it in con- 
 sequence necessary for the Portuguese guaixi to take it away by force, 
 and conveying him to their guard-house, thereby placing himself in a 
 ' situation highly de^ading to a British Officer, being a gross viol^ion of 
 militaiy discipline, and a djreet breaeh ot the Articles of War.' 
 
 Upon which charges the Court came to the foHowii^ deci- 
 sion : — - 
 
 TheCourt having maturely weighed and considered the charges 
 against the prisoner, Ensign Robert Carter, of the 97th (or 
 Queen's own) Regiment, and what he has urged in bis defence, 
 are of opinion, that he is Guilty of the first, second and third 
 charges, and likewise thdt he is Guilty of the following part of 
 the fourth charge, viz. ' insubordination, and disobedience of 
 fiirdiers oi dCaptain Scott, when Capctain of the piqu€t, on the 
 
J. Crqzkr. 599 
 
 night of the 24th November, 1808, in refusing to give up his 
 sword/ it being a breach of the Articles of War, and do therefore, 
 sentence him, the said Ensign Robert Carter, of the 97th (or 
 Queen's own) Regiment, to be cashiered. The Court do not 
 find the prisoner Guilty of the following part of the fourth charge, 
 viz. ' rendering it necessary to take it, (the sword) away by force,' 
 it appearing by the evidence, it was taken away from the pri- 
 soner, previous to the arrival of the Portuguese guard. 
 
 I am to acquaint you, that His Majesty was pleased to ap- 
 prove and confirm the Sentence of the Court ; you will, there- 
 fore, acquaint me with the day upon which the sentence is made 
 known to the prisoner. Ensign Robert Carter, as from that day 
 he will, cease to receive pay in His Majesty's service. 
 I have the honour to be, &c. 
 (Signed) DAVID DUNDAS, Commander in Chief. 
 
 STAFF-SURGEON JOHN CROZIER.— 1809. 
 
 G. O. Horse Guards, '23 April, 1809, 
 
 At a General Court Martial, held at St. Ann's Barracks^ 
 Barbadoes, on the '29th August, 1 808, and continued by adjourn- 
 ments to the 2d September following, StaflF-surgeon John Cro- 
 zier, was arraigned upon the undermentioned charges, viz. — 
 
 1 St. ' For conduct subversive of good order and military discipline, 
 in refusing to obey an order, to consider and hold himself in arrest, de- 
 livered to him by Apothecary George Prior Toosey, on the morning of 
 the 21st August, 1808, from Deputy Inspector James Muttlebury, the 
 head of the Medical Department. 
 
 2d. ' For breaking his arrest, after being ordered into it, by Deputy 
 Inspector James Muttlebury, on the morning of the 25th August, 1808, 
 and deserting from the garrison of St. Ann's, and not returning to his 
 quarters, until the morning of the 30th instant." 
 
 Upon which charges the Court found the prisoner Guilty, and 
 sentenced him to be cashiered. 
 
 His Majesty has been pleased to approve and confirm the 
 Sentence of the Court ; and the Commander in Chief directs that 
 the foregoing charges, together with the Sentence of the Conrt, 
 shall be read at the head of ev«ry regiment, and entered in the 
 orderly books of every corps. 
 
 By order of the Commander in Chief, 
 HARRY CALVERT, Adj. Gen. 
 
300 W. Madcliff. 
 
 ASSISTANT SURGEON J. H. KENNEDY.— 1809. 
 
 G. O. Horse Guards, 24 April, 1809. 
 
 At a General Court Martial, held at Richmond Hill, Grenada, 
 on the 19th and 20th July, 1808, Assistant Surgeon John Hast- 
 ings Kennedy, of the 1st Battalion of the 15th Regiment of 
 Foot, was arraigned upon the undermentioned charge, viz. — 
 
 ' Desertion, for that he, the said John Hastings Kennedy, Assistant 
 Surgeon in the 1st Battalion, 15 th Regiment .of Foot, deserted from the 
 Head Quarters of that regiment, at Richmond Hill, in the Island of 
 Grenada, on or about the 10th day of June, 1808j and did not return 
 until brought back, a prisoner, by Captain Cameron, of the Colonial 
 Company of Black Rangers, on or about the 8th day of July, 1808.' 
 
 The Court found the prisoner Guilty of the crime alleged 
 against him, and adjudged him to be dismissed His Majesty's 
 service; but in consideration of the prisoner's good character 
 and conduct, as given in evidence before the Court, his miscon- 
 ception that the having sent in his resignation^ rendered him 
 less liable to the rules of military law and discipline, and from 
 the willingness shewn by him, to comply immediately with the 
 orders communicated to him by Captain Cameron, the Court 
 recommended him to His Majesty's mercy. 
 
 His Majesty was pleased to confirm the sentence of the 
 Court ; but taking into consideration all the circumstances of the 
 case, together with the recbmmfendation of the Court, His Ma- 
 jesty was pleased to extend, to the prisoner, his most gracious 
 pardon, and to command that he should be restored to the func- 
 tions of his commission. 
 
 The Comniander in Chief directs that the foregoing charges, 
 together with the Sentence of the Court and His Majesty's 
 pleasure thereon, shall be read at the head of every corps, and 
 entered in the regimental orderly books. 
 
 By the Commander in Chief's Command. 
 HARRY^CALVERT, Adj. Gen. 
 
 LIEUTENANT COL. W. RADCLIFF.— I8O9. 
 
 G. O. Horse Guards, 25 April, 1809. 
 
 At a General Court Martial, held in the Barracks of Dublin, 
 
W. Radclif. 301. 
 
 on the 20th of March, 1809, and continued by adjournments to 
 the 24th of the same month, Lieutenant Colonel William Rad- 
 cliff, of the Wicklow Regiment of Militia, was arraigned upon 
 the undermentioned charges, viz. 
 
 1st. ' For knowingly making false returns of the state of the Wick- 
 low Regiment of Militia, when under his command. 
 
 2d. ' For embezzling, or misapplying, money entrusted to him for the 
 purpose of recruiting the said regiment, and for other regimental 
 purposes. 
 3d. ' For having broken his arrest, on, or about, the 18th Jan. 1809.' 
 Upon which charges the Court came to the following decision : 
 The Court being cleared and closed in, and the prisoner being 
 withdrawn, the Court taking into their consideration the above 
 charges, and the plea of confession thereof by the prisoner, do 
 adjudge, and sentence, that the prisoner. Lieutenant Colonel 
 William Radcliff, of the Wicklow Regiment of Militia, be dis- 
 missed His Majesty's service, and that the arrears of his pay (if 
 any) shall be forfeited, or so much thereof, as shall be sufficient 
 to make good the deficiency occasioned by his embezzlement, or 
 misapplication of monies entrusted to him for regimental purposes. 
 On the 24th March, the Court re-assembled to find the amount 
 of monies embezzled or misapplied, and on examining the docu- 
 ments submitted to them, and the explanations and testimony 
 given by the Paymaster of the Wicklow Regiment (Captain 
 Athenleck) relating thereto, found that a sum of £365 : 1 3s. 6d. 
 has been improperly drawn by the prisoner. Lieutenant Colonel 
 Radcliff, on account of bounty and subsistence, for men who had 
 never joined the Wicklow regiment ; but that the said sum of 
 ,£365 : 1 3s. 6d. had been subsequently repaid by Lieutenant 
 Colonel RadclifF, to Captain and Paymaster Athenleck. 
 
 His Majesty has been pleased to approve and confirm the Sen- 
 tence, whereby the prisoner is dismissed His Majesty's service. 
 
 It appearing, however, upon the face of the proceedings, that 
 the prisoner was about to retire from his military situation of 
 Lieutenant Colonel to the Wicklow Militia, in consideration of 
 a certain compensation to be given by Lord Monck, and that 
 Lord Monck was to have been recommended, by Colonel Howard, 
 in succession to the prisoner. His Majesty has directed, that his 
 displeasure may be signified to all the parties concerned, and 
 
302 J. Seet. 
 
 riiat the proper authority maybe called upon to recommend, as a 
 successor to Lieutenant Colonel Radcliff, a gentleman not named, 
 dr concerned in any part of the transactions, alluded to in the 
 course of these proceedings. 
 
 The Commander in Chief has been pleased to direct that the 
 charges before stated, together with the Sentence of the Court, 
 and His Majesty's confirmation thereof, shall be read at the head 
 of every regiment, and inserted in the orderly books. 
 
 By order of the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 HOSPITAL MATE JOHN BEET.— I8O9. 
 
 G. O. Horse Guards, 26 April, 1809. 
 
 At a General Court Martial, held at the Royal Hospital at 
 Chelsea, on the 27th March, 1809, Hospital-mate John Beet, 
 was arrainged upon the undermentioned charge, viz. 
 
 . ' Disobedience of an order from His Bioyal Highness the Commander 
 in Chief, of the 16th June, 1808, directing Hospital-mate John Beet, 
 to proceed to the Cape of Good Hope, which order was repeatedly com- 
 municated to the said Hospital-mate, John Beet, from the office of the 
 Inspector General of Army Hospitals, by letters dated the 18th June, 
 18th July, 8th and 18th October, 1808, and also by the Deputy Adju- 
 tant General, in his letters to Mr. Beet, dated 30th November and 19th 
 December; 1808." 
 
 Upon which charge the Court came to the following decision : 
 The Court Martial having attentively considered the evidence, 
 as well as what Hospital-mate John Beet, has offered in his 
 defence, is of opinion, that he is Guilty of disobedience of the 
 order stated in the charge, after its having been repeatedly com- 
 municated to him, and doth adjudge that he be dismissed from 
 His Majesty's service. 
 
 His Majesty has been pleased to approve and confirm the Sen- 
 tence of the Court, and the Commander in Chief directs that the 
 charge before stated, together with the Sentence of the Court, 
 and His Majesty's confirmation thereof, shall be read at the head 
 6f every regiment, and inserted in the orderly books. 
 
 ' By order of the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 303 ) 
 
 LIEUTENANT JOHN PAXTON.— I8O9. 
 
 a, O. Horse Guards, 29 April, 1809. 
 
 At a General Court Martial, held at Hilsea Barracks, on the 
 
 27th March, 1809, and continued by adjournments to the" 3d of 
 
 April following, Lieutenant John Paxton, of the 43d Regiment 
 
 of Foot, was arraigned upon the following charges, viz. 
 
 1st. ' For unofficerlike conduct, in absenting himself, without leave, 
 from the Martha transport, from, on, or about, the 4th to the 12th in- 
 stant, on which ship he was ordered with a detachment of the 43d Re- 
 giment, consisting of eight Serjeants, two corporals, one drummer, and 
 eighty-eight privates, to embark on the 3d instant, to the prejudice of 
 good order and military discipline. 
 
 ' 2d. ' For Unofficerlike conduct, by endeavouring to tamper with and 
 persuade Corporal WiUiam Dixon, of the Durham Regiment of Militia, 
 who was sent, on the 12th instant, from Hilsea Barracks to Portsmouth, 
 by order of the Commandant, with an official letter to Lieutenant Pax- 
 ton, to return to his quarters at Hibea, to take back the said letter, and 
 say that he had not seen, or could not find, Lieutenant Paxton, notwith- 
 standing he. Corporal Dixon, had at that time deUvered the official let- 
 ter in question into the Lieutenant's own hands, to the prejudice of good 
 order and military discipline. 
 
 3d. ' For unofficerlike and ungentlemanly conduct, in quitting Hilsea 
 Barracks, for the purpose of embarkation, when in debt to a poor widow 
 woman, that lets lodgings, ^1 : 3s. bd. : to the Staff Letter-serjeant at 
 Hilsea, for the postage of letters, 10s. 7\d.; and to a soldier's wife, of 
 the 43d Regiment, for washing, 13«. 8Jrf;. notwithstanding he, Lieute- 
 tenant Paxton, received repeated messages from the Commandant, 
 through the Garrison Adjutant, respecting the Widow Lewis's demand, 
 and which he. Lieutenant Paxton, declared he would pay before he em- 
 
 ADDITIONAL CHARGE. 
 
 ' For breaking his arrest, and being in the High Street of Portsmouth, 
 at half past ten o'clock, on the night of Sunday, the 26th March, 1809.' 
 
 The Court found the prisoner Guilty of all the charges exhi- 
 bited against him, and adjudged him to be cashiered, which sen- 
 tence His Majesty has been pleased to confirm. 
 
 The Commander in Chief directs that the foregoing charges, 
 together with the Sentence of the Court, shall be read at the head 
 of every corps, and entered in the regimental orderly books. 
 
 By order of the Commander in Chief. 
 HARRY CALVERT, Adj. Gm. 
 
304 P. E. Parsons. 
 
 LIEUTENANT EDWARD SCHULTZE.-] 8O9. 
 
 ^■®- Horse Guards, 30 April, 1809. 
 
 At a General Court Martial, held at Ridge, Antigua, on the 
 the 25th October, 1808, and conthiued by adjournments to the 
 28th of the same month. Lieutenant Edward Schultze of the. 
 3d Battalion of the 66th Regiment, was arraigned upon the fol- 
 lowing charge, viz. 
 
 ' Ungentlemanand unofficerlike conduct, in being drank, at the even- 
 mg parade, on the 9th of September last.' 
 
 Upon which charge the Court found the prisoner Guilty, and 
 sentenced him. Lieutenant Edward Schultze, of the 3d Battalion 
 of the 60th Regiment, to be cashiered. 
 
 His Majesty has been pleased to approve and confirm the 
 Sentence of the Court ; and the Commander in Chief directs 
 that the foregoing charge, together with the Sentence of the 
 Court, shall be read at the head of every regiment, and entered 
 in the orderly books of every corps. 
 
 By order of the Commander in Chief. 
 HARRY CALVERTj Adj. Gea. 
 
 LIEUTENANT PHILIP H. PARSONS.— 1809. 
 
 G. O. Horse Gmrds,20 May, 1809. 
 
 At a General Court Martial, held at Newcastle upon Tyne, 
 on the 24th April, 1809, Lieutenant Philip Honywood Parsons, 
 of the West Kent Regiment of Militia, was arraigned upon the 
 undermentioned charge, viz. 
 
 ' For unofficerlike conduct, and to the prejudice of good order and mi- 
 litary discipline, in having, on the evening of the 16th day of April last, 
 brought a message from Ensign Thomas Winslow, of the same regiment, 
 to /Lieutenant Colonel Shaw, his Commanding Officer, purporting to be 
 a challenge to fight a duel.' 
 
 The Court found the prisoner Guilty of the chaise exhibited 
 against him, and sentenced him to be cashiered, which sentence 
 His Majesty has been pleased to confirm. 
 
 The Commander in Chief directs that the charge above speci- 
 fied, together with the Sentence of the Court, shall be read at the 
 head of every regiment, and entered in the orderly books. 
 
 By order of the Commander in Chief. . 
 HARRY CALVERT, Adj. Gen. 
 
( P.0o ) 
 
 LIEUTS. MOORE, MAYER, &M'GREGOR. 1809. 
 
 G. O. Horse Guards, 22 May, 1809. 
 
 At a General Court Martial, held at Stafford, on 10th April, 
 1809, and continued by adjournments to the 15th of the same 
 month, Lieutenant Moore, of the 45th Regiment, Lieutenant 
 Mayer, of the 57th Regiment, and Lieutenant M'Gregor, of the 
 38th Regiment, were arraigned upon the following charges, viz. 
 Charge against Lievtenants Moore and Mayer. 
 
 ' For behaving in a scandalous and infamous manner, such as is un- 
 becoming the characters of OiiScers and Gentlemen, on the night of the 
 28th of February, 1809, at Stafford, by abusing each other, andcaUing 
 each other opprobrious names, and afterwards fighting together, in the 
 public street ; and by appearing in a state of intoxication, raising a riot 
 and disturbance, arid engaging in an affray in the public street.' 
 
 Charge against Lieutenants Mayer and M'Gregor. 
 ' For behaving in a scandalous and infamous manner, such as is un- 
 becoming the characters of Officers and Gentlemen, on the night of 
 the 3d of March, 1809, at Stafford, by abusing and insulting Lieutenant 
 Moore, at the door of a public-house, and in the public street, and en- 
 deavouring, by opprobrious words, to provoke him (Lieutenant Moore) 
 to fight with Lieutenant Mayer, and aftei-wards engaging in an afiray in 
 the public streets ; in consequence of which they were confined in the 
 Black tlole j all which conduct is a breach of their duty as Officers, and 
 to the prejudice of good order and military discipline.' 
 
 Lieutenants Moore and Mayer were found Guilty of the first 
 charge, with the exception of the crime of intoxication, as far as 
 relates to Lieutenant Moore ; Lieutenant Mayer was also found 
 Guilty of that part of the second charge which expresses the en- 
 deavouring, by opprobrious wor(is, to provoke Lieutenant Moore 
 to fight with him. 
 
 Lieutenants Moore and Mayer were sentenced, by the Court, 
 to be dismissed His Majesty's service; but the Court were of 
 opinion that the charge alleged against Lieutenant M'Gregor 
 was not sufficiently proved, and, therefore, acquitted him. 
 
 His Majesty has been pleased to confirm the finding and Sen- 
 tence of the Court, the Commander in Chief directs that the 
 charges exhibited against Lieutenants Moore, Mayer, and 
 M'Gregor, together with the Sentence of the Court, shall be read 
 at the head of every corps, and entered in the orderly books. 
 By order of the Commander in Chief, 
 HARRY CALVERT, Adj. Gen. 
 
 X 
 
306 L. Helmold. 
 
 N. B. Lieutenant M'Gregbr is now on the Half-pay list, as a 
 Lieutenant in the 38th Regiment. — Editor. 
 
 LIEUTENANT LEWIS HELMOLD.— 1809. 
 
 G. O. Horse Guards, 23 May, 1809. 
 
 At a General Court Martial, held at Bexhill, on the 23th April, 
 1806, and continued by adjournments to the 1st of the present 
 mouth, Lieutenant Lewis Helmold, of the 2d Light Infantry 
 Battalion of the King's Gennan Legion, was arraigned upon the 
 following charges, viz. 
 
 1st. ' For abuse of authority, and improper interference with an Of- 
 ficer's Guard, at La Sarca Major, in Spain, on, or about, the 12th of No- 
 vember, 1808, in cruelly and repeatedly striking, without provocation, 
 private Abraham, and the Acting Serjeant, Corporal Hoffman, of the 2d 
 Light Battalion of the King's German Legion, both on guard; and 
 threatening to put Ensign Deneke, the Officer on gnard, under aiTest, 
 to the prejudice of good order and military discipline. 
 
 2d. ' For behaviour unbecoming the character of an Officer and a 
 Gentleman towards Ensign Hedeman, of the 1st Light Battalion of the 
 King's German Legion, on board a transport retumiijg from Spain, on, 
 or about, the 30th January, 1809, in making use of scandalous language 
 to the said Ensign Hedeman, without any provocation, repeatedly strik- 
 ing him, and afterwards endeavouring to provoke him to fight a duel.' 
 
 The Court found the prisoner Guilty of the crimes laid to his 
 charge, and adjudged him to be cashiered ; but the Court consi- 
 dered it incumbent on them to recommend to His Majesty's no- 
 tice, the long services of the prisoner, and his apparent distracted 
 state of mind when he committed the last crime charged against 
 him. 
 
 His Majesty has been pleased to confirm the Sentence of the 
 Court, whereby Lieutenant Helmold is adjudged to be cashiered. 
 The Commander in Chief directs that the charges above-men- 
 tioned, together with the Sentence of the Court, and His Majes- 
 ty's confirmation thereof, shall be read at the head of every corps, 
 and entered in the regimental orderly books. 
 
 By the Commander in Chiefs Command. 
 HARRY CALVERT, Adj. Gen. 
 
S, B. Chaniherlayne. 307 
 
 CAPTAIN ROBERT NESBITT.— I8O9. 
 
 G. O. Horse Guards, 24 May, 1809. 
 
 At a General Court Martial, held at Dublin, on the 12th, and 
 continued by adjournments to the 15th of April, 1809, Captain 
 Robert Nesbitt, of the Donegal Militia, was arraigned upon the 
 undermentioned charge, viz. 
 
 ' For being drank, when Captain of the Newgate Guard, on the night 
 of the 6th, or morning of the 7th of April, 1809.' 
 
 The Court found the prisoner Guilty of the charge, and sen- 
 tenced him to be cashiered, which sentence His Majesty was 
 pleased to confirm. 
 
 The Commander in Chief directs that the foregoing charge, 
 together with the Sentence of the Court, shall be read at the 
 head of every regiment, and entered in the orderly books of every 
 corps. 
 
 • By order of the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN S. B. CHAMBERLAYNE.— I8O9. 
 
 G. O. Horse Guards, 25 May, 1809. 
 
 At a General Court Martial, held at Portsmouth, on the 13th 
 April, I8O9, and continued by adjournments to the 20th of the 
 same month, Captain Stanes Brockett Chamberlayne, of the West 
 Essex Regiment of Militia, was arraigned upon the following 
 charge, viz. 
 
 ' That, on, or about, the 12th day of March last, Capt. Chamberlayne 
 being then at the public mess-room, at Haslar Barracks, did assert, that 
 he would not believe Lieutenant Colonel Duckett, if a bible was put into 
 his hands, and he was to swear ; and that he looked upon him, to be 
 that sort of a fellow, that he would not believe him, by'God Almighty, if 
 he took a solemn oath on the bible, or words to that effect ; and, on, or 
 about, the 23d day of the said month of March, that he. Captain Cham- 
 berlayneS, did also at the mess-table, at the said Barracks, assert that 
 Lieutenant Colonel Duckett, was the greatest cointier and the damn- 
 est poltroon in England, or words to that effect, a conduct and beha- 
 viour, scandalous and unbecoming the character of an OflScer and a Gen- 
 tleman, and highly prejudicial to good order and military discipline.' 
 
 The Court found the prisoner Guilty of the charge exhibited 
 against him, (with the exception of that part which purports^ that 
 
 x2 
 
3Q8 E. Keating and W. E. Cochrane. 
 
 he used the word ' fellow' in speaking of Lieutenant Colonel 
 Duckett, which was not found to have been proved,) and ad- 
 judged him to be dismissed from His Majesty's West Essex 
 Militia. 
 
 His Majesty has been pleased to confirm the Sentence of the 
 Court, and the Commander in Chief directs that the charge ex- 
 hibited against Captain Chamberlayne, together with the Sen- 
 tence of the Court, and His Majesty's confirmation thereof, shall 
 be read at the head of every regiment and entered in the orderly 
 books. 
 
 By the Commander in Chief's Command. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT EDWARD KEATING.— I8O9. 
 
 G. O. Horse Guards, 26 May, 1809. 
 
 At a General Court Martial, held at Camarata, in Portugal, on 
 the 21st and 22d March, 1809, Lieutenant Edward Keating, of 
 the 45th Regiment, was arraigned on the following charge, viz. 
 
 ' For conduct unbecoming the character of an Officer and a Gentle- 
 man, on the night of the 15th March, 1809, when subaltern of the 
 piquet, in using most abusive and opprobrious language, towards his su- 
 perior Officer, Captain Lightfoot, of the same corps, at that time com- 
 manding the said piquet, being a direct breach of the Articles of War, 
 and totally subversive of good order and militaiy discipline.' 
 
 The Court found the prisoner Guilty of the crime laid to his 
 charge, and adjudged him to be cashiered. 
 
 His Majesty having been pleased to confirm the Sentence of 
 the Court, the Commander in Chief directs, that the foregoing 
 charge, together with the Sentence of the Court, shall be read at 
 the head of every regiment, and entered in the orderly books of 
 every corps. 
 
 By the Commander in Chief's Command. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPT. THE HON. W. E. COCHRANE.— I8O9. 
 
 G. O. Horse Guards, 29 May, 1809. 
 
 At a General Court Martial, held at the Royal Hospital,, 
 
W. E. Cochrane. 309 
 
 at Chelseaj on the 5th May, 1809, and continued by adjourn- 
 ments to the 17th of the same month, Captain the Honourable- 
 William E. Cochrane, of the 1 5th Regiment of Light Dragoons, 
 was arraigned upon the undermentioned charges, viz. 
 
 1st. ' Disobedience of orders, on the 22d day of January 'last, in not 
 having remained at the post in front of Bembibre, until 10 o'clock, A. M. 
 according to the orders which he had received from the Adjutant Gene- 
 ral to that effect. 
 
 2d. ' A most culpable neglect of duty, on the 2d day of January last, 
 after he supposed he had discovered the enemy, for which puipose be had 
 been expressly stationed in front of Bembibre, iu having impruc|ently and 
 hastily abandoned bis post, on the approach of a body of cavaby, with- 
 out making any effectual attempt at that time, or afterwards, to ascertain 
 whether the cavalry, at the approach of which be had so lightly quitted 
 his post, was or was not a pait of the enemy ; owing to which miscon- 
 duct he was induced to make a report to the Adjutant General, of the 
 arrival of a large body of the enemy's cavalry as far as Bembibre, which 
 report was without foundation. 
 
 3d. ' Unmiiitary and unbecoming conduct, on the same day mentioned 
 in the foregoing charges, in having left the pai'ty which had been entrusted 
 to his command, at a moment when he believed the enemy to he near him j 
 in allowing his party to separate, and in directing them to get on as they 
 could, and join their regiment. 
 
 4th. ' For making a most unwarrantable complaint, in an official letter 
 to his Colonel, dated 13th February last, against his superior Officer 
 Brigadier General CUnton, Adjutant General to the forces in Spain, to 
 the prejudice of good order and military discipbne.' 
 
 Upon the foregoing charges the Court came to the following 
 decision, viz; 
 
 Captain the Honourable William E. Cochrane, of the 15th 
 (or King's) Regiment of Light Dragoons, is Not Guilty of any 
 of tlie charges preferred against him, and the Court do, therefore, 
 most fully and most honourably acquit him of the whole of them. 
 
 The Court found it incumbent on them to express their opi- 
 nion, that, although it appeared that Brigadier General Clinton 
 was mistaken in the circumstances fpr which he so severely cen- 
 sured Captain Cochrane, yet, they were persuaded, that the Bri- 
 gadier General's conduct, both in the reproof at the moment, 
 and at this subsequent Court Martial, had not any other motive 
 than zeal for the service. 
 
 His Majesty ims been pleased to confirm the decision of the 
 Court, and lias also been pleased to express his concurrence in 
 
310 J. Williamson. 
 
 the observations of the Court, upon the conduct of Brigadier Ge- 
 neral Clinton. 
 
 The Commander in Chief directs, that the charges preferred 
 against Captain Cochrane, together with the decision and obser- 
 vations of the Court, and His Majesty's approbation thereof, 
 shall be read at the head of every corps, and entered in the regi- 
 mental orderly books. 
 
 By order of the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain the Honourable W. E. Cochrane sold out, in 
 1819, as Major of the 15th Hussars.-^EdjYor. 
 
 JAMES WILLIAMSON, ESQ.— 1809. 
 
 G. O. Horse Guards, 24 June, 1809. 
 
 At a General Court Martial, held at Sidney, in New South 
 Wales, on the 12th September, 1808, and continued by adjourn- 
 ments to the igth of the same month, James Williamson, Esq. 
 Deputy Commissary, and late acting Commissary of Stores and 
 Provisions, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For having embezzled fresh and salted provisions, and maize, 
 J^om His Majesty's stores, between the 27th January, 1808, and the 1 st 
 September of the same year, during which period he had the charge of 
 His Majesty's stores as acting Commissary, at Sidney. 
 
 2d. ' For having, within the same period, directed the then acting 
 Storekeeper, Mr. James Wilshire, to make false entries of the Weights 
 of beef slaughtered in His Majesty's stores, at Sidney. 
 
 3d. ' For having, himself, within the same period, made false entries 
 of the weights of beef, slaughtered in His Majesty's stores, at Sidney.' 
 
 The Court found the prisoner Guilty of the crimes alleged 
 against him, and adjudged him to be cashiered, and to forfeit to 
 His Majesty the sum of .£lOO sterling, and to make good, at his 
 own expense and costs, the loss and damage sustained by His 
 Majesty, amounting to cf40 : 13s. sterling, (as nearly as the Court 
 could ascertain,) in consequence of his, the said James William- 
 son, having embezzled and misapplied fresh and salted provisions 
 from His Majesty's stores, at Sidney, entrusted in his charge, 
 as acting Commissary of Stores and Provisions. 
 
 His Majesty has been pleased to confirm the finding and Sen- 
 
p. D. Wheeler. 311 
 
 tence of the Court, and the Commander in phief directs the 
 charges preferred against Deputy Commissary Williamson, to- 
 gether with the punishment awarded him, thall be read at the head 
 of every regiment, and entered in the regimental orderly books. 
 By order of the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT P. D. WHEELER.— 1809- 
 
 G. O. Horse Guards, 27 June, 1809. 
 
 At a General Court Martial, held at Hull, on the 8th May, 
 1809, and continued by adjournments to the IQth of the same 
 month, Lieutenant P. D. Wheeler, of the 2d Battalion 15th Foot, 
 was arraigned upon the undermentioned charges, viz. 
 
 ' For behaving in a scandalous and infamous manner^ such as is unbe- 
 coming the character of an Officer and a Gentleman. 
 
 1st.' • In having, on the evening of the 7th of April, 1809, most grossly 
 insulted Major King, at Scarborough, by telling him that he had asserted 
 most damned infamous lies ; at the same time saying, to Major King, " I 
 shake my stick over you," or words to that eftect : 
 
 2d. ' For having, on the evening of the 14th, and again on the morn- 
 ing of the 15 th April, 1809, in the public coftee-room, at the York Ta- 
 vern, at York, posted, or caused to be posted, a paper containing words to 
 the following effect : 
 
 " York, April 14, 1809. 
 
 " I hereby post Major King, of the 82d Regiment, as a base calumnia- 
 tor, a liar, and a coward, as I personally told him. P. D. Whbbleb." 
 
 3d. ' For having addressed a letter to Major King, at Scarborough, to 
 the following effect : 
 
 "York,\4thApril,\%m. 
 
 "1 hereby post Major King, of the 82d Regiment, as a base calumnia- 
 tor, a liar, and a coward, as I personally told him. P. D. Wheeler.'' 
 
 ' The above has been posted in the Coftee-House at York. P. D. W.' 
 
 ' Such conduct being highly subversive of military discipline, and in' 
 breach of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 That the prisoner. Lieutenant P. D. Wheeler, was Not Guilty 
 of the first part of the first charge, namely, ' behaving in a scan- 
 dalous infamous manner, such as is unbecoming the character of 
 an Officer and a Gentleman,' but was Guilty of grossly insulting 
 Major King, on the evening of the 7th April, 1809. The Court 
 acquits the prisoner of that part of the said charge • I shake my 
 stick over you,' the fact not having been proved. 
 
312 P. Drew. 
 
 With respect to the second and third charges, the Court 
 found the prisoner Guilty of the whole and every part thereof, 
 and adjudged him to be dismissed His Majesty's service. 
 
 His Majesty having been pleased to confirm the Sentence of 
 the Court, the Commander in Chief directs, that the charges pre- 
 ferred against Lieutenant Wheeler, of the 15th Regiment of 
 Foot, together with the punishment awarded him, for the crimes 
 of which he has been found Guilty, shall be promulgated to the 
 army, and entered in the orderly books of every corps. 
 
 By the Commander in Chief's Command. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN FRANCIS DREW.— 1 809- 
 
 G.O, Horse Guards, 29 lime, 1809. 
 
 At a General Court Martial, held at Chelsea, on the 3d June, 
 1809, and continued by adjournments to the 15th of the same 
 month. Captain Francis Drew, of the 45th Regiment, was arraignr 
 ed upon the following charges, viz. 
 
 1st. 'That Captain Drew did, on the 4th January, 1809, at, or near, Los 
 Besnos, in Spain, behave in a manner highly disorderly and unofficerlike, 
 in addi'essing Lieutenant Colonel Peacocke (then commanding a detach- 
 ment of the British ai'my employed on a particular service, to which he. 
 Captain Drew, belonged,) in a peremptory and disrespectful tone, and 
 insisting upon his proceeding with the said detachment by a particular 
 route which he, Captain Drew, pointed out, and remonstrating with 
 Lieutenant Colonel Peacocke, his Commanding Officer, for not consulting 
 him on matters relating to his command ; such conduct being a breach 
 of his duty as an Officer, and to the prejudice of good order and mih- 
 tary discipline. 
 
 2nd. ' That Captain Drew did, on the 4th day of January, 1 809, at, 
 or near, Los Besnos, in Spain, " begin and excite a mutiny in the de- 
 tachment of the British army, under the command of Lieutenant Colonel 
 Peacocke, consisting amoiigst otheis of part of the 45tli Regiment of 
 Foot, to which Captain Drew belonged, by ordering' the said detach- 
 ment to halt without any authority from Lieutenant Colonel Peacocke, 
 and in the presence, and in the hearing of the, other Officers, non-com- 
 qiissioned Officers and soldiers of the several regiments comppsing the 
 detachment, demanding in a most peremptoiy manner of Lieutenant 
 Colonel Peacocke, the authority by which he pursued the line of march 
 he proposed to take, and declaring that if Lieutenant Colonel Peacocke 
 would not shew his authority to him (Captain DrcAv), he Captain Drew 
 would not proceed in the march- 
 '3d. ' That Captain Drew, did on the 4th of January, 1809, at, or near. 
 
f. Drew. 313 
 
 Los Besnos, in Spain, behave in a manner highly unofficerlike and dis- 
 orderly, in taking upon himself to order a detachment of the British 
 army under the command of Lieutenant Colonel Peacocke, to which he,, 
 Captain Drew belonged, to halt, without any authority from Lieutenant 
 Peacocke, and in a peremptory and disrespectful manner refusing to 
 proceed on his march, unless Lieutenant Colonel Peacocke would shew 
 to him (Captain Drew), the authority by which he acted ; — Such con- 
 duct being in breach of his duty as an Officer, and to the prejudice of 
 good order and military discipline.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, after duly weighing the evidence, and what Captain 
 Drew has urged in his defence, is of opinion that he is Guilty of 
 the first part of the first charge, viz. ' that he did, on the 4th of 
 January, 1809, at or near Los Benos, in Spain, behave in a manner 
 highly disorderly and unofficerlike, in addressing Lieutenant Co- 
 lonel Peacocke in a peremptory and disrespectful tone, such con- 
 duct being a breach of his duty as an Officer, and to the prejudice 
 of good order and military discipline;' but that he is Not Guilty of 
 the rest of the said charge, and doth therefore acquit him thereof. 
 
 The Court is of opinion that Captain Drew is Not Guilty of 
 t)]e second charge, and doth therefore acquit him. 
 
 The Court is of opinion that Captain Drew is Guilty of the 
 first part of the third charge, viz. ' that he did, on the 4th of Ja- 
 nuary, 1809, at, or near, Los Besnos, in Spain, behave in a manner 
 highly unofficerlike, and disorderly, in taking upon himself to order 
 a detachment of the British army, under the command of Lieute- 
 nant Colonel Peacocke, to which Captain Drew belonged, to halt, 
 without any authority from Lieutenant Colonel Peacocke ; such 
 conduct being in breach of his duty as an Officer, and to the 
 prejudice of good order and military discipline ; but that he is 
 Not Guilty of the rest of the said charge, and doth therefore ac- 
 quit him thereof.' 
 
 And upon the whole, the Court doth adjudge that Captain 
 Drew, of the 45th Regiment of Foot,be dismissed His Majesty's 
 service. The Court trust this example will deter other Officers 
 froin hereafter interfering with their Commanding Officer, in a 
 manner so unwarranted and unprecedented, and so subversive of 
 all good order and military discipline. 
 
 The Court, in justice to Lieutenant Colonel Peacocke, the pro- 
 secutor, think it proper further to add, that in so far as the Court 
 
314 D. Phillips. 
 
 has had any opportunity of judging of his conduct, during the 
 course of a long, fatiguing and hazardous march, it has appear- 
 ed to have been highly exemplary and creditable. 
 
 His Majesty has been pleased to approve and confirm the 
 finding and sentence of the Court, and to express his concurrence 
 in their observations on the conduct of Lieutenant Colonel Pea- 
 cocke ; and his Majesty has been pleased to order that it shall 
 be intima,ted to Captain Balderson of the 4th Foot, and Captain 
 Payler of the 52d Regiment, that their conduct throughout the 
 transaction, which has thus brought disgrace and punishment 
 upon their brother Officer, was not such as ought to have been 
 adopted by Officers of their standing in the service ; but as it 
 appears to His Majesty to have proceeded from a want of due 
 discretion, and attention to their relative situations, with respect to 
 their Commanding Officer Lieutenant Colonel Peacocke, and not 
 from any wilful desire to interfere with his just authority. His 
 Majesty trusts that this admonition will have its due weight in 
 impressing upon their minds a more cautious and respectful obe- 
 dience to the authority of their Commanding Officer in future. 
 
 -The Commander in Chief directs, that the charges above statedj 
 together with the finding and Sentence of the Court, and His 
 Majesty's pleasure thereon, shall be read at the head of every 
 regiment, and entered in the regimental orderly books. 
 
 By order of the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN D. PHILLIPS.— I8O9. 
 
 G. O. Horse Guards, June, 1809. 
 
 At a General Court Martial, held at Columbo, on the 14th of 
 April, 1808, and continued by adjournment to the 18th of the 
 same month, Captain D. Phillips, of the 3d Ceylon Regiment, 
 was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For being incapable, from drunkenness, to execute the duty of 
 a President of a Regimental Court Martial, at ten o'clock on the morn- 
 ing of the 12th instant, and on which duty he had been ordered on the an- 
 tecedent day, in regimental orders, and which had been communicated 
 to him. 
 
 2nd. ' For habitual drunkenness.' 
 
Blair and Athenlick. S15 
 
 The prisoner pleaded guilty of the 1st charge, and the Court 
 pronounced him Guilty of the second, and adjudged him to be 
 dismissed His Majesty's service; which sentence His Majesty has 
 been pleased to confirm. 
 
 The Commander in Chief directs, that the charges preferred 
 
 against Captain Phillips, together with the decision of the Court, 
 
 and His Majesty's confirmation thereof, shall be read at the head 
 
 of every regiment, and entered in the regimental orderly books. 
 
 By order of the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Phillips died shortly afterwards. — Editor. 
 
 CAPTAIN AND ADJUTANT BLAIR and CAPT. 
 AND PAYMASTER ATHENLICK.— 1809. 
 
 G. O. Horse Guards, 1 My, 1809. 
 
 At a General Court Martial, held at Dublin, on the 15th and 
 l6th of May, 1809, Captain and Adjutant Blair, and Captain and 
 Paymaster Athenlick, of the Wicklow Militia, were arraigned 
 upon the undermentioned charge, viz. 
 
 ' For knowingly and wittingly signing false musters and returns, 
 respecting the state of the Wicklow Regiment of Militia, when under 
 the command of Wm. Radclifte, Esq. late Lieutenant Colonel thereof.' 
 
 The Court found the prisoners Guilty of the crime alleged 
 against them, and adjudged them to be cashiered; which sentence 
 His Majesty has been pleased to confirm. 
 
 The Commander in Chief directs, that the' charge preferred 
 against Captains Blair and Athenlick, of the Wicklow Militia 
 together with the Sentence of the Court, shall be read at the head 
 of every corps, and entered in the orderly books. 
 
 By order of the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 ASSISTANT SURGEON J. H. WALSH.— I8O9. 
 
 ^- ^- Horse Guards, 3 Mi/, 1809. 
 
 At a General Court Martial, held at Chelmsford, on the 28th 
 
316 J, H. Walsh 
 
 April, 1809, and continued by adjournments to the 15th of the 
 subsequent month, Assistant Surgeon John Hutchinson Walsh, 
 of the Sd Battalion, of the 1st or Royal Regiment of Foot, was 
 arraigned upon the following charges, viz. 
 
 ' 1 St. ' For disobedience of orders, on, or about, the 26th or 27th of No- 
 vember last, at Bambibary, in Spain, by not attending the spring waggons 
 in the mornings, and on the march, agreeable to the brigade orders of 
 the 25th of November last, issued by Colonel Hay, commanding the 
 brigade. 
 
 2d, ' For breaking the arrest, in which he had, on, or about, the 2d of 
 February, 1809, been placed, by order of Colonel Hay; Commanding the 
 3d Battalion of the Royals, when that battalion was on its march from 
 Fort Monckton, in the county of Southampton, at Guildford, in the county 
 of Surry, and continuing absent from that battalion tiU its arrival at 
 Chelmsford, in the county of Essex, on the 12th day of the same month 
 of February. 
 
 3d. ' For disobedience of orders, in refusing to attend in the mess- 
 room of the Royals, in Chelmsford barracks, on the 1 7th day of February, 
 he, the said Assistant Surgeon John Hutchinson Walsh, having been, 
 on the evening of the 16th of the same month of Febraary, ordered so to 
 do by Colonel Hay, commanding the said 3d Battalion of the Royals, for 
 the piu-pose of answering a complaint of Captain Thomas Campbell, of 
 the said battalion, made against him, for having broken his arrest on 
 the march of the battalion, from Fort Monckton to Chelmsford. 
 
 4th. ' For scandalous and infamous behaviour, unbecoming the cha- 
 racter of an Officer and a Gentleman, by teUing the Commanding Offi- 
 cer, Colonel Hay, a falsehood, on the 13th of February last, in Lieute- 
 nant and Adjutant ClufiPs room, at Chelmsford barracks, by stating that 
 he never had been absent fi-om the regiment, on the march from Fort 
 Monckton to Chelmsford. 
 
 ' 5 th. ' For scandalous and infamous behaviour, unbecoming the charac- 
 ter of an Officer and a Gentleman, by sitting in company and associating 
 with private Robert Griffith, of the said 3d Battalion of the Royals, on 
 the evening, of the 10th of February last, in the barrack-room of the 
 said Assistant Surgeon Walsh, in Chelmsford barracks. 
 
 6th. ' For scandalous and infamous behaviour, unbecoming the cha- 
 racter of an Officer and a Gentleman, in telling Lieutenant and Adjutant 
 ClufF, of the 3d Battalion of the Royals, a falsehood, on the evening of the 
 16th day of February last, in his, the said Assistant Surgeon AX'alsh's, 
 barrack-room, in Chelmsford barracks, by asserting that the said private 
 Robert Griffith, whom Adjutant Cluff had stated to have been with him, 
 was not a private soldier in that regiment, the Royals.' 
 
 The Court pronounced the prisoner, Assistant Surgeon Walsh, 
 
 Not Guilty of any of the oflFences specified in the charges, on 
 
 ■which he was tried, and therefore most honourably acquit him 
 
 thereof. 
 
 • His Majesty has confirmed the decision of the Court, upon 
 
T. Stannyd. 317 
 
 the 1st, Sd, 4th, 6th, and 6th charges; but was pleased to ob- 
 serve that the evidence in support of the several charges, parti- 
 cularly the second, was sufficient to justify, and even to call for 
 some enquiry into the conduct of the prisoner. With regard to 
 the 3d charge. His Majesty was pleased to remark, that although 
 the opinion of the Court might be acquiesced in, yet it appeared 
 that the prisoner was not free from all imputation of blame, for 
 the conduct upon which that charge was founded, inasmuch as it 
 was the duty of Assistant Surgeon Walsh, to have obeyed the 
 order of his superior Officer, Colonel Hay, as far as that order 
 required his attendance before the Court of Enquiry, as the com- 
 pliance with it would not (as the prisoner had erroneously con- 
 ceived) have precluded him from the right of declining to answer 
 any questions, or to make any statement, which might in his opi- 
 nion, have proved prejudicial to him in the course of any ulterior 
 enquiry into his conduct. 
 
 The Commander in Chief directs, tliat the charges preferred 
 against Assistant Surgeon Walsh, together with the decision of 
 the Court, and His Majesty's pleasure thereon, shall be read at 
 the head of every corps, and entered in the regimental orderly 
 .book. 
 
 By order of the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen- 
 
 N. B. Vide Index for the proceedings of a previous Court 
 Martial upon Adjutant Surgeon Walsh. — Editor. 
 
 PAYMASTER THOMAS STANROYD.— 1809. 
 
 G, O. Horse Guards, 10 July, 1809. 
 
 At a General Court Martial, held at Chelsea, on the 15th June, 
 1809, and continued by adjournments to the 17th of the same 
 month, Mr. Thomas Stanroyd, Paymaster of the London Re- 
 cruiting District, was arraigned upon the following charge, viz. 
 
 ' For scandalous and infamous behaviour, unbecoming the character 
 of an Officer and a Gentleman, in having falsely sworn, on the 24th day 
 of March, 1809, in his affidavit to the Monthly General State ol the 
 Public Accounts of the London Recruiting District, from the 25th Ja- 
 nuary, 1809, to the 24th Fehniary following, that the total sum received, 
 drawn, or required to be remitted for the service of the said period, was 
 
318 R. Bourne. 
 
 ^3,339 : 15*. lOd. whereas, besides the bills constituting the sum so 
 sworn to, he .had drawn for several other sums upon Messrs. Greenwood 
 Cox and Co. Mr. Eirkland, Despard Croasdaile, Esq. and Messrs. Hop- 
 kinson and Son, for the services of the same month, amounting to the 
 sum of .£1,150, or some other large sum or sums of money, beyond the 
 sum specified in his affidavit as aforesaid.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, after an attentive review of the whole matter, is of 
 opinion, that Mr. Thomas Stanroyd, Paymaster of the London 
 Recruiting District, is Guilty of the charge preferred against him, 
 and doth adjudge that he be dismissed from his situation, as Pay- 
 master, and rendered incapable of hplding a similar employment 
 in His Majesty's service. 
 
 His Majesty has been pleased to approve and confirm the find- 
 ing of the Court, and that part of the sentence, by which the pri- 
 soner is dismissed from his situation as Paymaster. 
 
 The Commander in Chief directs, that the foregoing charge, 
 together with the Sentence of the Court, and His Majesty's plea- 
 sure thereon, shall be read at the head of every corps, and en- 
 tered in. the regimental orderly book. 
 
 By order of the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN ROBERT BOURNE.— 1809. 
 
 G. O. Horse Guards, 11 Jufy, 1809. 
 
 At a General Court Martial, held at Canterbury, on the 6th 
 of June, 1809, and continued by adjournments to the 8th of the 
 same month, Captain Robert Bourne, of the 2d Dragoon Guards, 
 was arraigned upon the undermentioned charge, viz. 
 
 ' For conduct unbecoming the character of an Officer and a Gentle- 
 man, by putting in circuktion a certain paper, termed by Captain 
 Bourne a memorandum, reflecting on the character of Lieutenant Colo- 
 nel Vicars, after having made a written apology to Lieutenant Colonel 
 Vicars, dated Chichester, 24th September, 1807, for his former iU be- 
 haviour alluded to in the said paper, or memorandum, to the prejudice of 
 good order and military discipfine.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court is of opinion, that the prisoner is Guilty of part of 
 the same, namely, ' conduct unbecoming the character of an Of- 
 ficer, by putting in circulation a certain paper, termed a memo- 
 
Porch, Cooke, Adney, Clutterbuck, and Graves. 3 19 
 
 randiim, reflecting on the character of Lieutenant Colonel Vicars, 
 to the prejudice of good order and military discipline.' In find- 
 ing the prisoner Guilty of the before specified part of the charge, 
 and omitting the remainder, of which the Court doth acquit him, 
 the Court hath proceeded from the circumstance of the apology 
 oiFered by Captain Bourne, not having produced that effect which 
 he, the prisoner, was entitled to expect would result from it, and, 
 under this consideration, together with the several testimonies of 
 his zeal, attention to duty, and general respectful conduct to hia 
 superior Officers, the Court doth only adjudge the prisoner. 
 Captain Robert Bourne, of the 2d Dragoon Guards, to be sus- 
 pended from his rank and pay for the space of three months. 
 
 His Majesty has been pleased to confirm the Sentence of the 
 Court, and the Commander in Chief directs that the charge pre- 
 ferred against Captain Bourne, together with, the Sentence of the 
 Court, shall be read at the head of every regiment, and entered 
 in the regimental orderly book. 
 
 By order of the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAINS, T. PORCH, J. COOKE, J. ADNEY, 
 T. CLUTTERBUCK, and R. GRAVES.— 1809. 
 
 G. O. Horse Guards, 12 Jufy, 1809. 
 
 At a General Court Martial, held at Bristol, on the 1st June, 
 1809, and continued by adjournments to the 6th of the same 
 month. Captains Thomas Porch, John Cooke, John Adney, 
 Thomas Clutterbuck, and Robert Graves, of the 1st Somerset 
 Regiment of Militia, were arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For convening and holding an irregular meeting of several of the 
 Officers of the 1st Somerset Militia, on the 5 th day of February last, in 
 the mess-room of the regiment, at Bristol, to consider the conduct of 
 Major JolUfte, then commanding the said regiment, and Major Sir 
 Walter Yea, Bart., of the same regiment, on the 4th of February pre- 
 ceding ; and, at such meeting, binding themselves to secrecy, and agree- 
 ing together to make a partid and injurious report of the conduct of the 
 said Major JolUffe and Sir Walter Yea, to Earl Poulett, the Colonel of 
 the regiment, which was afterwards transmitted to him. And also, at 
 
320 Porch, Cook, Adney, Cluttwbuck, and Graaes: 
 
 the said meeting, combining together, and agi'eeing not to associate nor- 
 Uo any military duty with Major Jolliffe and Sir Walter Yea, till they,, 
 the Officers composing the said meeting, should hear Cclonel Earl Pou- 
 lett's sentiments on the report made to him< All which said conduct 
 was contraiy to their duty as Officers, highly detrimental to the service, 
 and to the prejudice of good order and military discipline. 
 
 2d. ' For maliciously conspiring and combining together, with several 
 Other Officers of the same regiment, on the 5thof Februaiy last^ at Bris- 
 tol, to stigmatize the characters of Major JoUifte and Major Sir Walter 
 Yea, of the 1st Somerset Militia,, for not having engaged in a duel, in 
 consequence of a quarrel, which had taken place between them, on the 
 ■4 th of Febi'uary preceding, although they, the Officers so conspiring and 
 combining together, well knew that the said quarrel had, before that 
 time, been amicably and honourably adjusted and made up, which said 
 conduct tended to create and keep up dissensions in the regiment, was 
 highly detrimental to the service, and to the prejudice of good order and 
 militjaiy discipline.' 
 
 Upon these charges the Court found the prisoners Guilty, and 
 adjudged them to be dismissed from the 1st Somerset Regiment 
 .tof Militia. The Court concluded with expressing a wish that 
 the defence had made no allusion to the manner in which the 
 prosecution had been conducted, as it was but an act of justice 
 to observe, that the duties of the prosecution were very honour- 
 ably and impartially executed. 
 
 His Majesty has been pleased to approve the Sentence of the 
 Court, and to confirm it, except so far as it relates to Captain 
 and Adjutant Graves. With respect to Captain Graves, His 
 Majesty was pleased to observe, that the length of service and 
 experience of that Officer ought to have impressed upon his mind 
 a stronger sense of his duty, to the service, than appears to have 
 actuated him in the course of these proceedings; yet, taking into 
 consideration his services of thirty years, his never having been 
 placed in arrest, and the excellent character given him, as appears 
 upon the face of the proceedings, and also by his Colonel, Earl 
 Poulett, His Majesty has been pleased to remit the sentence of 
 dismissal, from the 1st Regiment of Somerset Militia, to suspen- 
 sion from rank and pay for three calendar months ; with an admo- 
 nition that this act of Royal Mercy may have a proper effect 
 upon the future conduct of Captain and Adjutant Graves. 
 
 The Commander in Chief directs, that the foregoing charges, 
 together with the Sentence of the Court, and His Majesty's plea- 
 
J. Caldon, B. Bobbins, A, Morris, and H. Blake, 321 
 
 sure thereon, shall be read at the head of every corps, and entered 
 in the regimental orderly book. 
 
 By order.of the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Robert Graves remained with the regiment until 
 
 \Q\\.— Editor. 
 
 CAPTAIN & ADJUTANT J. CALDON.— I8O9. '' 
 
 G. O. Horse Guards, 14 July, 1809. 
 
 At a General Court Martial, held at Dublin, on 7th June last, 
 and continued by adjournments to the 15th of the same month. 
 Captain and Adjutant John Caldon, of the Donegal Regiment of 
 Militia, was arraigned upon the undermentioned charge, viz. 
 
 ' For scandalous and infamous conduct, unbecoming the character of 
 an Officer and a Gentleman, in directing, forwarding, and countenancing, 
 impositions put upon Deputy Inspector Pich, in his Surgical Inspection 
 during the late volunteering from the Donegal Militia, for service in the 
 line.' 
 
 Upon which charge the Court found the prisoner Guilty, and. 
 
 adjudged him to be discharged from His Majesty's service. 
 
 His Majesty has been pleased to approve and confirm the 
 Sentence of the Court, and the Commander in Chief directs, that 
 the charge, together with the Sentence of the Court, and His 
 Majesty's approval thereof, shall be read at the head of every re- 
 giment, and entered in the regimental orderly book. 
 
 By order of the Commander in Chief. 
 HARRY CALVERT, Adj. Gen.. 
 
 LIEUT. B. DOBBINS, CAPTAIN A. MORRIS, 
 AND LIEUTENANT H. BLAEE.— I8O9. 
 
 G. O. Adjutant General's Office, Placentia, 16 July, 1809." 
 
 At a General Court Martial, held at Placentia, 10th July, 
 1809, by order of His Excellency Lieutenant General Sir Arthur 
 Wellesley, and of which Major General M'Kenzie was Presi- 
 dent, and Captain C. CoUis, 24th Infantry, Deputy Judge Advo- 
 cate ; the Court, being duly sworn, proceeded to the trial of Lieu-, 
 tenant B. Dobbins, 66th Regiment, for sending a challenge to, 
 
 Y 
 
322 T. Morton 
 
 and fighting a duel with, Lieutenant WiHJam Brodie, 66th 
 Regiment, in which Lieutenant Brodie was krtled, in the camp, 
 near Abrantes, 19th June, 1809; and the prisoner hcving 
 pleaded Not GniUy, the Court proceeded to the examination of 
 witnesses, and having maturely weighed the evidence, produced 
 in support of the charge, is of opinion the same is not proved; 
 and does, therefore, acquit the prisoner, and he is hereby acquit- 
 ted accordingly; which sentence has been conftrmed by the 
 Commander of the Forces. 
 
 The Court next proceeded to the trial of Captain Arthur 
 Morris, SSth Regiment, for being second in a duel, fought on the 
 19th June last, in the camp, near Abrantes, between Lieatenants 
 Brodie and Dobbins, 66th Regiment. The prisoner pleaded 
 not guilty : and the Court pi-oceeded to give public notice for 
 the appearance of any person who could give evidence o« the 
 trial; but no person having appeared, in consequence of the 
 said riotice, the Court were of opinion the prisoner vdas Not 
 Guilty of the crime laid to his charge, and do, therefore, acquit 
 him ; which sentence has been confirmed by His Excellency the 
 Commander of the Forces. 
 
 The Cowrt next proceeded to the trial of Liebtenant Henry 
 Blake, 66th Regiment, tried for bfeiag second in a duel, fought 
 on the 19th June, 1809, in the camp, near Abnmtes, between- 
 Lieutenant Brodie and Lieutenant R. Dobbins, 66th Regiment; 
 the prisoner pleaded not guilty. The Court then proceeded to- 
 give public notice for the appearance of any person who could give 
 evidence on the trial ; but no person appearing, in consequence of 
 the said notice, the Court were of opinion that the prisoner was 
 Not Guilty of the crime, and does, therefore, acquit hitii ; which 
 sentence was appro-fed of by the Commander of the Forces. 
 
 N. B. Lieutenant Dobbins died in 1813, of the wounds received 
 before St. Sebastian. — Captain Morris is now a Brevet 
 Major, and in 55th Foot. — Lieut. Blake died in 1814. — Ed. 
 
 APOTHECARY THOMAS MORTON.— I8O9. 
 
 G. O. Horse Guards, 26 Sept. 1809. 
 
 At a General Cuurt Martial, held at Portsmouth, on the l6th 
 
T. Mmton. 323 
 
 Augast, ISOiJ, and continued by adjournments to the 25th of 
 the same month, Thomas Morton, Esq. Apothecaiy to the 
 Forces, was arraigned upon the undermentioned charges, viz. — 
 
 1st. ' For embezzling, and converting to his own use, various articles 
 from the public stores, entrusted to his caie, at Portchester Castle, viz. 
 sugar, starch, oatmeal, rice, barley, linseed meal, portable soup, oil, 
 sheets, and flannel, at different periods, between the 1st day of November, 
 1808, and the 29th day of July, 1809 ; paiticularly on the 1st Novem- 
 ber, and 29th December, 1808, or on one or other of the days of these 
 months, or of the month immediately following; on the 1st and 15th 
 days of February, 1809, and on the 1st and 15 th of March, or on one 
 or other of the days of these months, or of the month immediately fol- 
 lowing : on the 2d, 3d, 4th, 14th, 15th, 16th, 20th, 22d, 23d, 24th, 
 25th, 26th, 27th, 28th, 29th, 30th, and 31st days of May, 1809, or on 
 one or other of the days of that month; on the 1st, 2d, 3d, 4th, 5th, 
 6th, 7th, 15th, 16th, 17th, and 20th days of June, 1809, or on one or 
 other of the days of that month ; on the 9th, 10th, 11th, 12th, 13th, 
 14th, 21st, and 22d of July, 1809, or on one or other of the days of that 
 month. 
 
 2d. ' For directing, at Portchester Castle, on the 2d day of May last, 
 or on one or other of the days of that month, a cask of sugar to be made 
 up from a quantity of damaged sugar, which had been regularly con- 
 demned as unfit for service by a Board of Medical Officers, and for send- 
 ing this cask of damaged sugar, along with other casks of good sugar, on 
 service, knowing it to be bad. 
 
 3d. ' For forcibly seizing and burning the papers and books of Thomas 
 and William Justin, packers at the stores, at Portchester Castle, on the 
 22d day of July last, which papers and books were of the greatest conse- 
 quence on the trial of Mr. Morton, as being a written testimony, hav- 
 ing obtained a search-warrant from a magistrate, under the pretext of 
 seai'ching the houses of the said Thomas and WiUiam Justin, for silver 
 pi'obes and other articles, none of which were found.' 
 
 The Court was of opinion, that in respect to the first charge, 
 the prisoner had been Guilty of having embezzled from the pub- 
 lic stores in Portchester Castle, and applied to his own use, 
 sugar, oatmeal, barley, linseed meal, portable soup, oil and flan- 
 nel : but it did not appear to the Court that there was sufficient 
 proof that the prisoner had embezzled or misapplied to his own 
 use, rice, starch, or sheets. 
 
 The Court found the prisoner Guilty of the whole of the second 
 charge. 
 
 In respect to the third charge, the Court was of opinion, 
 that the prisoner had been Guilty of forcibly seizing and burn- 
 ing some papers, but not books, of Thomas and \^'illiam Justin, 
 packers at the public stores at F^rtchester Castle, on the 22d 
 
 Y 2 
 
524 Lieut. Ludlot)). 
 
 dgy of July last, which papers were of the greatest consequence 
 on the trial of the prisoner, Thomas Morton, as being written 
 testimony ; and also of having obtained a search-warrant from a 
 magistrate, under the pretext of searching the houses of the said 
 Thomas and William Justin, for silver probes and other articles, 
 none of which were found. 
 
 The Court adjudged the prisoner, Thomas Morton, to be dis- 
 missL'd from His Majesty's service ; which sentence His Majesty 
 has been pleased to confirm. 
 
 The Commander in Chief directs, that the charges before 
 specified, together with the Sentence of the Court, shall be read 
 at the head of every regiment, and entered in the orderly books. 
 By command of the Right Hon. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT LUDLOW.— 1809- 
 
 G. O. Horse Guards, 16 Oct 1809. 
 
 At a General Court Martial, held at Tarag-cejo, on the 18th 
 August, 1 soy, and at Merida, on the 27th and 28th of the same 
 
 month, Lieutenant Ludlow, of the 2d Battalion of the 
 
 48th Regiment, was arraigned upon the undermentioned charges, 
 viz. — 
 
 1st. ' For being drunk, on the march of the regiment from Castello 
 Branco, on the 2d of July. 
 
 2d. ' For using highly improper language towards Ensign Pardy, 
 during the march from Castello Branco, on the same day.' 
 
 The Court found the prisoner Guilty of the first charge, but 
 acquitted him of the second. 
 
 The Court accordingly sentenced Lieutenant Ludlow, 
 
 to be cashiered, and His Majesty has thought fit to confirm the 
 sentence; 
 
 Tlie Commander in Chief directs that the abovementioned 
 charges, together with the Sentence of the Court, shall be read 
 at the head of every corps, and entered in the regimental orderly 
 books. 
 
 By command of the Right Hon. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
{ 325 ) 
 
 CAPTAINS R. GOAKMAN, T. KEELING, 
 AND R. ALEFOUNDER.— 1809. 
 
 G. O. Horse Guards, 9 Dec. 1809. 
 
 i\t a General Court Martial, held at Ipswich, on the 27th 
 October, 1809, and continued by adjournments to the 9th of 
 November following. Captains Richard Goakman, Thomas Keel- 
 ing, and Robert Alefounder, of the Hertfordshire Regiment of 
 Militia, were arraigned upon the undermentioned charge, viz. — 
 
 ' For base and scandalous conduct in them, the said Captains Richard 
 Goakman, Thomas Keeling, and Robert Alefounder, in calumniously 
 raising and circulating a report, particularly at Sunderland, in, or about, 
 the month of April last, and in Hull, and the neighbourhood thereof, 
 in the months of June and July last, prejudicial to the honour, character 
 and reputation of Lieutenant John Kingston, by insinuating that he had 
 unnatural propensities, and thereby tending to deprive the said Lieute- 
 nant John Kingston, of that influence, authority, and command, neces- 
 sary to the discharge of his duty as an Officer in His Majesty's service.' 
 
 Upon which charge the Court came to the following deci- 
 sion : — 
 
 The Court having given its best attention to the whole of the 
 proceedings, and maturely considered the same, and deliberated 
 thereon, is of opinion, that the prisoner. Captain Robert Ale- 
 founder, is Not Guilty of the crime stated in the charge, or any 
 part thereof, and doth therefore acquit him thereof. 
 
 The Court is under the painful necessity of finding that the 
 prisoners. Captains Richard Goakman, and Thomas Keeling, 
 are Guilty of part of the crime, stated in the charge, viz. ' that 
 of having calumniously circulated a report, in the months of June 
 and July last, prejudicial to the honour, character, and reputa- 
 tion of the prosecutor, Lieutenant John Kingston, by insinuating 
 that he had unnatural propensities, thereby tending to deprive 
 him of that influence, authority and command, necessary to the 
 discharge of his duty as an Officer in His Majesty's service;' the 
 Court, however, does not find that there is sufficient evidence 
 before it, to warrant it in adjudging that either of the prisoners. 
 Captain Richard Goakman, or Captain Thomas Keeling, was 
 the author of such report. 
 
 In order to mark its abhorrence of the crime, of which the 
 Ctourt has been thus painfully compelled to find two Officers m 
 
326 li. Goakman, T. Keeling ani R. Akfounder. 
 
 His Majesty's service, to have been guilty^ the Court doth ad- 
 judge that they the prisoners, Captains Richard Goakman and 
 Thomas Keeling, shall be dismissed from the Hertfordshire 
 Regiment of Militia. 
 
 The Court cannot close its proceedings without doing justice 
 to Lieutenant John Kingston, by a declaration of its firm convic- 
 tion, that there is not the slightest imputation whatever, on the 
 honour and character of that Officer, touching the base calumnies 
 contained in the charge. 
 
 The Court feels satisfied that Lieutenant John Kingston had 
 no other motive, in sending for the drummers to his room, than 
 that of ascertaining the progress which they had made, whilst in 
 the regimental school ; an act of good will, towards them, more 
 deserving of praise than censure. 
 
 The Court feels itself bound to say, that there does not exist 
 in the mind of any member of it, a doubt as to the purity of in- 
 tention of Lieutenant John Kingston. His character remains, 
 m the estimation of every member of it, pure, untainted, and un- 
 blemished. 
 
 It is with considerable concern that the Court is compelled to 
 observe on the party spirit and dissention which appears to exist 
 -in the Hertfordshire Regiment of Militia. It has been strongly 
 manifested in the course of the proceeding before this Court, 
 and the Court could not avoid observing, by the manner in which 
 Lieutenant Hubback delivered his testimony, that if not com- 
 pletely actuated by the baneful influence of party -feeling, he was 
 not entirely divested of it, and that he appeared to forget the 
 true character of a witness, an attention to which is so necessary 
 to the attainment, in all cases, of the deeds of justice. 
 
 Whether the prisoners (and here the Court does not confine its 
 observations to Captain Goakman and Captain Keeling, but as 
 well to Captain Alefounder) or either of them have had any rea- 
 son to complain of harsh treatment, on the part of Major Fowie, 
 the Court has not had an opportunity of judging by evidence, as 
 it did not conceive itself warranted to comply with Major Fowie'? 
 request, of allowing him to appear a second time before the 
 Court, for the purpose of explanation as to his own conduct, 
 and of doing away any unfavourable impression, which he sup- 
 
S. Milbmk. 327 
 
 posed might have been made in the minds of the Court, by the 
 assertions in the defence of the prisoners ,• but the Court is of 
 opioion, that the manner in which the grievances were com- 
 plained of, and the language in which tiiey were conveyed, 
 evinced a want of proper j^espect to their Commanding Officer, 
 which no circumstance could justify. 
 
 His Majesty has been pleased to approve and confirm the 
 opinion and sentence of the Court, and was further pleased to 
 observe, that the conduct of Lieutenant Hubback, as particu- 
 larly noticed by the Court, together wi^ the circymstance, which 
 has been stated in evidence, of his having offered wagers on the 
 event of the trial of the Officers, against whom he was to attend 
 as a witness, appeared to His Majesty to have betrayed a spirit 
 of prejudice and party-feeling, highly subversive of discipline and 
 good order ; in consideration of which impropriety of conduct. 
 His Majesty has been pleased to command, that Lieutenant Hub- 
 back shall be dismissed from the Hertfordshire Regiment of 
 Militia. 
 
 The Commander in Chief directs, tliat the charge preferred 
 against Captains Richard Goakman, Thomas Keeling and Robert 
 Alefounder, together with the Sentence and observations of the 
 Court, and HisMajesty's decision thereon, shall be read at the head 
 of every corps, and entered in the regimental orderly books 
 
 By order of the Right Hon. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 SURGEON SAMUEL MILBANK.— 1810. 
 
 G. O. Horse Guards, 11 Jm. 1810. 
 
 At a General Court Martial, held at St. Croix, on the 3d July, 
 1809, and continued by adjournments to the 7th pf the same 
 month. Surgeon Samuel Mi^b^nk, of the 1st Battalion of the 
 96th Regiment, was arraigned upon the undermentioned charge, 
 viz. — 
 
 ' For repeated disgrstcefiU dru^enness ; particularly, on, or about, the 
 morning or the 10th of January, 1809, whilst the regiment was under 
 arms to carry the sentence of a Court Martial into execution, and on, or 
 about, the afternoon of the 5th February, 1809, at the mess of the 96th 
 Regiment.' 
 
328 G. Ince. 
 
 The Court Martial found tlie prisoner Guilty of being drunk 
 at both the times specified in the charge adduced against him, 
 and sentenced him to be cashiered, which sentence His Majesty 
 has been pleased to coiifirm. 
 
 The Commander in Chief directs, that the charge preferred 
 against Surgeon Milbank, together with the Sentence of the 
 Court, and His Majesty's confirmation thereof, shall be read 
 at the head of every regiment, and entered in the regimental 
 orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN GEORGE INCE.— 1810. 
 
 G. O. Horse Guards, 12 Jan. 1810. 
 
 At a General Court Martial, held at Demerary on the 5th 
 September, 1809, and continued by adjournments to the 12th of 
 the same month. Captain George Ince, of the 4th West India 
 Regiment, was arraigned upon the undermentioned charge, viz. 
 
 ' For conddtt, unbecoming the character of an Officer, in acting con- 
 trary to his instructions, when Assistant in the Quarter and Barrack 
 Master General's department, in the colony of Demerwy, by having 
 between the 25th December, 1808, and the 24th June, 1809, knowingly 
 allowed His Msgesty's Government to be charged a greater sum, or sums, 
 of money, for the hire of negroes employed as pioneers, in the aforesaid 
 colony of Demerary and colony of Essequibo, than was paid to them, 
 their owners, or the person or persons from whom they were hired, and 
 also for deriving a pecuniary advantage from the money so overcharged.' 
 The Court Martial found the prisoner Guilty of the charge 
 preferred against him, and sentenced him to be cashiered ; y/hich 
 sentence His Majesty has been pleased to confirm. 
 
 The Commander in Chief directs, that the charge preferred 
 against Captain Ince, together with the Sentence of the Court, 
 and His Majesty's confirmation thereof, shall be read at the 
 head of every regiment, and entered in the regimental orderly 
 books. 
 
 By command of the Rigbt Hon. tlie Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 329 ) 
 LIEUTENANT COLONEL S. KEATING.— 1810. 
 
 G. O. Horse Guards, 14 Feb. 1810. 
 
 At a General Court Martial, held at Bombay, on the 28th of 
 March, 1809, and continued by adjournments to the 8th of May 
 following, Lieutenant Colonel S. Keating, of the 36th Regiment, 
 was arraigned upon the undermentioned charges, viz. 
 
 1 St. ' For taking out of the hands of the Captains and OfBeers, in charge 
 of companies, the supplying of their men with necessaries, on the embark- 
 ation of the 2A Battalion 56th Regiment, for India, and for receiving a 
 per centage, or premium, to a considerable amount, on the aforesaid ne- 
 cessaries, to the detriment of the soldier, such conduct being highly in- 
 jurious to the service, in direct opposition to His Majesty's regulations, 
 and contrary to the Articles of War. 
 
 2d. ' For detaining, unnecessarily, or causing to be detained, left, or 
 deposited, in the hands of others, by his orders, sums of money, the pro- 
 perty of individuals, or of government, being a violation of the Articles 
 of War. 
 
 3d. ' For mustering and drawing pay for, or causing to be mustered 
 and pay to be drawn for, a man, by name Lorenz, who has never been 
 enlisted or attested for the regiment, by which a false muster has been 
 made, in violation of the Articles of War. 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely considered the evidence for and 
 against the prosecution, together with what the prisoner. Lieute- 
 nant Colonel Keating, has alleged in his defence, are of the fol- 
 lowing opinions on the respective charges preferred against him, 
 viz. — 
 
 1st Charge. The Court are of opinion that the prisoner is 
 Not Guilty, and do, therefore, fuUy and honourably acquithim 
 of the charge. 
 
 2d Charge. On this charge, the Court are of opinion, on re- 
 ference to the specific terms of accusation, as recorded on their 
 proceedings, that the prisoner is Guilty of having allowed some 
 balances of bounties, left by deserters, amounting to ,£29 : 8s. 4id. 
 to be placed in the regimental fund, thereby incurring an ir- 
 regularity of conduct, without any corrupt inteiitions, which, ap- 
 pear, under all circumstances, to be directed to the interest of the 
 soldier, and the good of the service. With respect to all other 
 parts of this charge, as specified by the prosecutor, the Court do 
 most fully and honourably acquit the prisoner. 
 
 3d Charge. On this charge, tlie Court are of opinion tliat'the 
 
330 s. Kmtiitg. 
 
 jprisoner i? Jfot Guilty, aiid do, therefore, in the fujlest and most 
 honourable manner, acquit him of the same. 
 
 Having found die prisoner Guilty of an irregularity of conduct, 
 as stated on the second charge, and considering the same a breach 
 (X the Articles of War in such cases made and provided, the 
 Court do sentence him, di€ said Lieutenant Colonel Keating, to 
 credit the sum of £lQ : S«. 4|rf. to ^fce public, and to be privately 
 admonished by the Commanding Officer of the Forces. 
 
 Having performed thejr duty in awarding tfae sentence as 
 above recof^ed, the Cojw't feel themselves imperiously called upon 
 to animadvert on the general conduct of Captain Frye, vrfaich ap- 
 pears, from the tenor of the prosecution, to have been influenced 
 hy persojwd iM-wilJ and lamimosity towards Lieutenant Colonel 
 Keatisg, and the charges he has thought proper to prefer against 
 that deserving and meritorious Officer^ with the exception of the 
 slight ixregularity already noticed, appear to be highly frjivolous 
 and vexatious and m no degree submitted for inyestigaition on 
 those public motives which he has avowed, and by whidi he 
 ought to have been actuated. 
 
 Major General Jones, commanding His Majesty's forces at 
 Bombay, has added his approbation of the above sentence, in the 
 following terms, viz. 
 
 * I approve and confirm the above sentence ; but, in the perfect 
 conviction of Lieutenant Colonel Keating's upright motives in 
 placiiig the balances of bounties in the Regimental Fund, I re- 
 mit the admonition awarded by the Court. 1 am precluded from 
 making any observations on the trial, by the judicious and appro- 
 priate remark of the Court, in whose sentiments of the prosecu- 
 tion, I am sorry to say, I must join, from a conviction of its jus- 
 tice and propriety. With these sentiments, and a due consider- 
 ation to other circumstances, which appear on the trial, it is my 
 determination to lay the proceedings before His Majesty, by the 
 first opportunity.' 
 
 The General Officer commanding at Bombay, having, in pur- 
 suance of the detennin^tion expressed above, transmitted the 
 proceedings of the Court Martial to this country, the Commandei- 
 in Chief has had the honour to lay the same before the King. 
 IJis Majesty considers that the jSnding and sentence of the Court, 
 
S, Keating. 331 
 
 as approved and confirmed by Maj^r General Jones, were fully 
 warranted by the circumstances which appeared upon the trial, 
 and are strictly conformable to the justice of the case. His Ma.- 
 jesty has been pleased to notice and eonfirni in la j»ore ;5pecial 
 manner, the appropriate censure passed, by the Cjourt Martial 
 upon the motives which fully appear on th* face of the proceed- 
 ings to have marked the conduct of the prosecutor, Captain Frye^ 
 and which appears to His Majesty to have evinced a ;5pjrit ojf 
 insubordination highly to be deprecated, as tejiding to subvert all 
 order and discipline, and as holding forth an example to the Araiy 
 which it is essential to check by the most decided expression of 
 His Majesty's disapprobation of the conduct of Captain Frye; 
 but, in consideration of the high character which that Officer 
 appears, from several honourable testiovonials, to have borne pre- 
 vious to this transaction. His Majesty has been induced to lepd a 
 more favo,urable ear to his case than the circumstances connected 
 with this prosecution would otherwise have admitted, and has 
 been most graciously pleased to command that Captain Frye 
 shall be removed from the 56th Regiment to another corps, i» the 
 hope that such instance of His Majesty's lenity may operate as a 
 warning to that Officer, in the honourable discharge of the duties 
 of his profession, to avoid the errors which have called for the 
 expression of His Majesty's displeasure. 
 
 The Commander in Chief directs, that the charges preferred 
 against Lieutenant Colonel Keating^ together with the opinion 
 and Sentence of the Court, and the confirmation thereof by the 
 General Officer commanding at Bombay,'; as well as His Majes- 
 ty's sentiments on the conduct of the prosecutor. Captain Frye, 
 shall be read at the head of every regiment, and entered in the 
 regimental orderly books. 
 
 By command of the Right Hon. the Conmiander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Colonel Keating is now a Major General, 
 and on the Half-pay of the late Bourbon Regiment. — Cap- 
 tain Frye is upon the Half-pay of the 3d Foot. — Editor. 
 
•(: 332 •) 
 CAPTAIN WILLIAM HENRY VIRGO.— 1810. 
 
 G. O. ' Horse Guards, 16 Feb. 181 0. 
 
 At a General Court Martial, held at Kingston, in Jamaica, on 
 thie l6th May, 1809, and continued by adjournments to the 31st 
 "of the same month, Captain William Henry Virgo/ of the 6th 
 •Battalion of the 60th Regiment, was arraigned upon the under- 
 mentioned charge, viz. 
 
 • For scandalous infamous behaviour, such as is unbecoming the cha- 
 racter of an Officer and a Gentleman j 
 
 1st. ' In making various unfounded assertions, extremely prejudicial 
 to the character of Captain Purdon^ of the 1st Battalion of the 60th Re- 
 giment. 
 
 2d. • By publicly, and in different stores, at Savannab-la-Mar, calling 
 Captain Purdon a coward, and fabely asserting that he had gone on his 
 knees, for the purpose of asking his (Captain Virgo's) pardon. 
 
 3d. ' In writing two letters, dated Kingston, Mai'ch 7th, 1809, one 
 addressed to Major Marlton, commanding the 1st Battalion of the 60th 
 Regiment, Maroon Town ; the other addressed to Captain Purdon, 60th 
 Regiment, Sayannah-la-Mar, in both of which, among other expressions 
 highly injurious to the character of Captain Purdon, he accuses him of 
 perjury, and asserts that he behaved like a coward, and went on his knees 
 repeatedly to him (Captain Viigo). Notwithstanding which letters and 
 assertions, he, by letter addressed to Captain Purdon, dated Savannah-la 
 Mar, 8th April, 1809, retracts his former expressions of coward, &c. as 
 attaching to Captain Purdon ; publicly apologizes to him, and solicits his 
 application to the Commander of the Forces, in the Island, that all further 
 proceedings respecting 'the difference between them may cease. 
 
 4th. • Writing a letter, dated December 28th, 1808, addi-essed to 
 Doctor Wilson, then doing duty with a detachment of the 60th Regi- 
 ment, in which he states that he would horsewhip the said Doctor Wil- 
 son, if he was not too contemptible an object.' 
 
 The Court Martial found the prisoner Guilty of the charge 
 preferred against hini, and sentenced him to he cashiered; which 
 sentence His Majesty has been pleased. to confirm. 
 
 The Commander in Chief directs, that the several articles of 
 the charge preferred against Captain Virgo, together with the 
 Sentence of the Court, and His Majesty's confirmation thereof^ 
 shall be read at the head of every regiment, and entered in tlie 
 regimental orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 HARRY CALVERT, Adj. Geu. 
 
( 333 . ) 
 
 ROBERT WALTER ALEXANDER.— 1810. 
 
 G. O. Barse Guards, 23 April, 1810. 
 
 At a General Court Martial, held at Fort Zealandia, in the Co- 
 lony of Surinam, on the 25th of August, 1 809, and continued by 
 adjournments to the 13th of September following, Robert Walter 
 Alexander, Deputy Commissary General, was arraigned upon 
 the undermentioned charges, viz. 
 
 1st. ' For unofficerlike and unmanly conduct, on the 2 1st day of 
 July, 1809, in coming up, in a clandestine manner, behind Captain Fre- 
 derick Imthum, of the 3d Battalion of the 60th Regiment, Military Se- 
 cretary, and Acting Major of Brigade, in the public Street of Paramaiibo, 
 in the Colony of Surinam, and unprovokedly and unexpectedly striking 
 him with a horsewhip. 
 
 2d. ' For having, on the 2 1st day of July, 1809, posted up, at a public 
 tavera in Paramaribo, in the colony of Surinam, a most hhellous, false, 
 and malicious paper,' under his own signature, tending to injure the cha- 
 racter of Captain Imthum, after having been overtaken in his flight by 
 that Officer, of whom he begged his life, which he. Captain Imthum, 
 generously granted, and left him unhurt on the floor in the house -of an 
 inhabitant of Paramaribo, into which he had run immediately after 
 striking Captain Imthurn, and that Officer drawing his dirk in his de- 
 fence.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence, given in support of the charges, as well as what the pri- 
 soner adduced in his defence, together with all the circumstances 
 relative thereto, was of opinion with respect to each charge, as 
 follows : — 
 
 The Court found the prisoner. Deputy Commissary-General 
 Robert Walter Alexander, Guilty of part of the 1st charge, viz 
 ' unofficerlike conduct, on the 21st July, 1809, in striking Cap- 
 tain Frederick Imthurn, of the 3d Battalion 60th Regiment, Mi- 
 litary Secretary, and Acting Major of Brigade, with a horsewhip 
 in the public Street of Paramaribo, in the Colony of Surinam, and 
 in breach of the Articles of War.' — But the Court acquitted the 
 prisoner of the remaining part of the 1 st charge. 
 
 The Court found the prisoner Guilty of part of the 2d charge, 
 viz. • for having, on the 21st July, 1809, posted up, at a public 
 tavern, in Paramaribo, in the colony of Surinam, a paper under his 
 own signature, tendbg to injure the character of Captain Imthum, 
 
334 A. WiiKhstefn. 
 
 and vk bfeaeh df tie Atticles o£ War j' but the Court was of* opi- 
 nion, the remaining part of the charge was not proved, and there- 
 fore acquitted hitn thereof. 
 
 Ih consideration of the whole matter, the Court adjiudged the 
 said Deputy ComiBisSEiry General, Robert Walter Alexander, to 
 be suspended from rank and pay for the ^pace of six months. 
 
 His Majesty has been pleased to confirm the Sentence of the 
 Court. 
 
 In consideration, h&wever, of the prisoner's intemperate con- 
 duct beforei the Court, his disrespectful commuBications with 
 LieittJettattt Colotiel Sir John Wardlow, his offensive intrusion 
 upon Governor Bentinck, bis imputations of prejudice and par- 
 tiality upon the conduct of Lieutenant Generai Sir George Beck- 
 tvith, dnd the bteaking of his arrest, unsatisfactorily accounted ifor 
 by himself, and officially communicated by Sir George Beckwith, 
 both in a letter to the Judge Advocate General, and in General 
 Orders islsued from Martinique, describing the prisoner as ab- 
 sent without leave, and a deserter, and from a due regard of ne- 
 ceissity of iBaintai#iBg. subordination and military discipline, so 
 glaringly infringed by the conduct of the prisoner, as it has ap- 
 peared 6y the documents connected with the 'whole of this case, 
 His Majesty has been'pkased to consider it to be most condu- 
 cive b) the pobHc interest, that the prisoner, Robert Walter Ales* 
 aoder, should be dismmed from his situation of Deputy Com- 
 missary General in His Msgesty's service. 
 
 The Commander in Chief directs, that the charges preferred 
 agamst Robert Walter Alexander, together with the Sentence of 
 the Court Martial, and His Majesty's decision thereon> shall be 
 read at the head of every corps^ and entered in the regimental 
 orderly booksv 
 
 By order of the Right Hon. Ae Commander m Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANTS WINCKSTERN, DAVY, LAM- 
 BRECHT, & ENSIGN WITNEY.— laio. 
 
 Horse Guards^ 23 A'fril, 1810. 
 MY LORD, 
 
 Having had the hdiioUr to lay before tlie King, the pro- 
 
A. Winckstern. S35 
 
 ceedings of a General Court Martial, held at Vizeu, on the IStb 
 Marchy 1810, and continued ty afdjournmeflt till the 14tb of the 
 same month, for the trial of Lieutenant Alexander Winckstern, 
 7th line Battalion King's German Legion^wbo Was arraigned upon 
 the undermentioned charges, viz. 
 
 1st. ' For highly unofficerhke eondnct, in having absented hhnself 
 from his regiment, from, or about, the month of December, 1808, to the 
 month of April, 1809, or thereabouts, under the pretext of sickness, 
 without forwarding the necessaiy certificates of Ms indisposition, until 
 repeatedly written to by his Commanding Officer, to state thfe reason of 
 his absence. 
 
 2d. ' For highly unofficerlike conduct, in having absented himself from 
 his regiment, from, or about, the 3d Jurte, 1809, to the 26th October, 
 1809, or thereabouts, during which period his regiment was employed in 
 actual service, in Spain, under pretext of sickness, and neglecting to send 
 in the medical certificates of his indisposition, or to give any satisfactory 
 reason for bis absence to his Commanding Officer, and not returning to 
 his regiment, or the army, till brought back in custody of an Assistant 
 Provost Marshal. 
 
 3d. 'For disobedience of orders in the month of September, 1809> 
 or thereabouts, by not Joining his battalion, vfrhen Ordered so to do by 
 Mivjor Bergher, his Coimnandiog Officer.' 
 
 Upon which charges the Court came to the foUovping, de- 
 cision. — 
 
 The Court having maturely stfld delibeititely weighed artd con- 
 sidered the evidence, adduced in support of the prosecution, 
 against the prisoner, Lieutenant Alexander Winckstern, 7th line 
 Battalion King's German Legion, together with what he has 
 brought forward in his defence, and the evidences thereon^ are of 
 opinion he is Guilty, in part, of the first part of die firat charge 
 preferred against him, viz. ' for highly unofficerlike conduct^ in 
 having absented himself from his regiment, from, or about, the 
 6th day of February, 1809, to the I4th of the same month, and 
 from, or about, the 28th day of February, 1809, to the 26th April, 
 or thereabouts, under pretext of sickness ;' and that he is Guilty 
 of the latter part of the first charge, viz. ' not forwarding the ne- 
 cessary certificates of his indisposition, until repeatedly written to, 
 by his Commanding Officer, to state the reason of his absence.' 
 
 The Court are further of opinion, that tlie prisoner, Lieutenant 
 Alexander Winckstern, 7th line Battalion, King's German Legion, 
 is Guilty of the second and third charges preferred against him, 
 being in breach of the Articles of War, and do, by virtue diereof. 
 
33ft iFf. jDa»y.-, 
 
 sentence bini, the piisoner, Lieutenant Alexander Winckstern, 
 7th line Battalion, King's German Legion, to be cashiered. 
 , I am to acquaint your Lordship, that His Majesty was pleased 
 to approve and confirm the finding and sentence of the Court. 
 
 Your Lordship will therefore acquaint me with the day 
 Upon which the Sfentencie is made known to the prisoner, Lieu- 
 tenant Alexander Winckstern, as from that day he will cease to 
 receive pay in His Maje'sty's service.. 
 
 (Signed) D. DUNDAS, Commander in Chief. 
 
 To Lieutenant General Rt. Hon. Vise. Wellington, K. B. 
 
 Commanding the British troops in. Portugal. 
 
 At a General Court Martial, assembled by virtue of a warrant, 
 and in pursuance of an order from his Excellency Viscount Wel- 
 lington, whereof Brigadier General C. Crauford was President, 
 and Captain Convvay Benning, Acting Deputy Judge Advocate, 
 held at Portalegre, 22d May, 1810, was arraigned, Lieutenant 
 William Davy, 2d Battalion, 66th Regiment, on the following 
 charge, viz. 
 
 ' For accepting a challenge, and fighting a duel, with the late Lieu- 
 tenant John Lister, 2d Battalion, 66th Regiment, in which duel the said 
 Lieutenant John Lister was killed, on the 19th April, 1810, near Por- 
 talegre.' ■ 
 
 The Court having maturely considered the evidence, in support 
 of the prosecution, brought forward by Lieutenant Colonel Col- 
 bume, are of opinion, that the charge alleged against the priso- 
 ner. Lieutenant William Davy, is not proved, and do, therefore,' 
 acquit him ; which decision has been confirmed by his Excel- 
 lency, the Commander of the Forces. 
 
 N. B. Lieutenant Davy remained in the regiment until 1818, 
 when he died. — Editor. 
 
 At a General Court Martial, assembled by virtue of a warrant, 
 and in pursuance of an order from his Excellency Lord Viscount 
 Wellington, whereof Brigadier General C. Crauford was Presi-^ 
 dent, and Captain C. Benning, 66th Regiment, Acting Deputy 
 Judge Advocate, held at Portalegre, 2Sd May, 1810, was ar- 
 
//. W. Hankin. 33^ 
 
 raigned Lieutenant Lambrecht and Ensign Witney, 2d Batta- 
 lion 66th Regiment, ou the following charge, viz. 
 
 ' For being seconds, in a duel fought by Lieutenant William Davy and 
 Lieutenant John Lister, in which duel the said Lieutenant John Lister 
 was killed, on the 19th April, 1810, near Portalegre.' 
 
 The Court having maturely considered the evidence brought 
 forward, in support of the prosecution, by Lieutenant Colonel 
 Colbume, are of opinion that the charge alleged against the 
 prisoners, Lieutenant Lambrecht and Ensign Witney, is not proved, 
 and do therefore acquit them ; which decision His Excellency 
 the Commander of the Forces has been pleased to confirm. 
 
 N. B. Lieutenant Lambrecht, and Ensign (afterwards Lieiitenaht) 
 Witney remained in the regiment until they died ; the former 
 in 1817, and the latter Officer in XQlQ.^Editor. 
 
 LIEUTENANT HENRY W. HANKIN.— 1810. 
 
 G. O. Horse Guards, 3 May, 1810. 
 
 At a General Court Martial, held at Christianstaed, in th^ 
 Island of Santa Cruz, on the 1 1 th of December, 1 809, and con- 
 tinued by adjournments to the 19th of the same month, Lieute- 
 nant Henry William Hankin, of the ] st Battalion of the 96th 
 Regiment, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For being drunk, when he was an Officer of the Castle guard, 
 on the night of the 22d of October last. 
 
 2d. 'For drinking vrith some of the men of that guard, on the same 
 night, and making one of them drunk. 
 
 3d. 'For unofficerlike, and highly insubordinate conduct in throwing 
 down his sword, and calling Lieutenant Armstrong, of the 96th Regi- 
 ment, a damned scoundrel, or words to that effect, after he the said Lieu- 
 tenant Hankin had been ordered under arrest, by Captain M'Gregor, 
 such conduct being contrary to the Ai-ticles of War, and highly prejudi- 
 cial to good order and military discipline.' 
 
 Upon which charges the Court came to the following decision : 
 The Court having fully deliberated upon, and maturely weighed 
 the evidence brought forward, in support of the prosecution, to- 
 gether with what the prisoner, Lieutenant Henry William Han- 
 kin, of the 96th Regiment, stated in his defence, was of opinion, 
 that he, the said Lieutenant Henry William Hankin, was Guilty 
 of the first charge adduced against him. 
 
338 E.t)ale. 
 
 The Court was further 6f opinion that he, tlie said lieutenant 
 Henry William Hankin, was Not Guilty of the Second charge, 
 and acquitted him thereof; the same not being sufficieiStly proved. 
 
 The Court was also oif opiriion that the said Lieutenant Hankin 
 was Guilty of both counts of the third charge. 
 
 The Court therefore sentenced him. Lieutenant Henry Wil- 
 liam Hankin, to be cashiered. 
 
 His Majesty having been .pleased to approve and confirm the 
 sentence of the Court, the Commander in Chief directs, that 
 the charges preferred against Lieutenant Hankin, together with 
 the Sentence of the Coiirt, and His Majesty's confirmation there- 
 of, shall be read at the head of eviery fegiment, and entered in 
 the reigim'ental orderly books. 
 
 By command of the'Right Hon. the Comniaiider inGhief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN EDWARD DALE.— 1810. 
 
 G. O. 'Horse Guards, 12 Jme, 1810. 
 
 At a General Court Martial, held at Norman Cross, on the 
 ■7th May, 1810, and continued by adjournments to the IQ^th of 
 the same month, Captain Edward Dale, of the Northumberland 
 Regiment of Militia, was arraigned iipon the undermentioned 
 (charges, viz. 
 
 1st. ' For improperly, vrhile in the command of a recruiting party, 
 in Northumberland, withholding the marching allowances from the Offi- 
 cers under his command, on the recruiting service, until the month of 
 October, 1809, notwithstanding he had actually received part of the same 
 early in the month of July, and the remainder in the month of August, 
 or September, 1809, contr^ to his duty as an Officer, and to the pre- 
 judice of good order arid military discipline. 
 
 2d. ' For improperly withholding and neglecting to issue pay, due 
 in the months of August and September, 18d9, to part of the recruiting 
 -party statibhed at Hexham, in Northumberland, under the command of 
 ■ Lieutenant Morris6n, then under the command of Captain Dale, on the 
 recruiting service, until the latter end of September, or thereabouts, not- 
 withstanding he had drawn for, and received the same, and knew such 
 " party was without pky, during the befdre-mentioned period, contrary to 
 his duty as an Officer, and to the prejudice of the semce, arid. of good 
 order and of military discipline. 
 
 3d. ' For improperly withholding, in the months of August and Sep- 
 tember, and neglecting to remit or p'ay to Lieutenant- JHofitson J who was 
 
E. Dale. 339 
 
 then under his command, on the recruiting sei-vice, in Northumberland, 
 the bounties for men enlisted by Lieutenant Morrison, during that period, 
 for the payment of which he had then money in his hands, contrary to 
 his duty as an Officer, and to the prejudice of good order and of military 
 discipline. 
 
 4th. ' For inaproperly keeping an account current with the Pay Ser- 
 jeant of his company, in the counties of Sussex and Suffolk, from April, 
 1807, to June, 1809, and neglecting to settle such account with his Pay 
 Serjeant, and pay the balances due at proper intervals and periods, ai^d 
 for remaining in debt to such Pay Serjeant during the whole, or the 
 greater part of the above period^ to the discredit of the service, and Of 
 the regiment in which he held a commission as Captain, contrary to his 
 duty as an Officer, and to the prejudice of good order and militaiy dis- 
 cipline.' 
 
 Upon which charges the Court came to the following decision : 
 
 The. Court having maturely weighed and considered the evi- 
 dence against the prisoner, and what he adduced in his defence, 
 on the first charge, was of opinion that he was Not Guilty of 
 the same, inasmuch as it appeared that the delay in remitting the 
 marching allowances to the Officers under his command, was not 
 occasioned by any improper motives, or guilty intentions, on the 
 part of the prisoner, and therefore most honourably acquitted 
 him of the said charge. With respect to the second and third 
 charges, the Court, after duly considering the evidence of the 
 prosecution, and what the prisoner brought forward in his de- 
 fence, was of opinion that he was Not Guilty upon either 
 charge, but that he did very laudably exert himself for the good 
 of the service, during his recruiting command in Northumber- 
 land, and therefore most honourably acquitted him. 
 
 The Court, after deliberately considering the evidence of the 
 prosecution, and the prisoner's defence, on the fourth charge, was 
 of Qpinion that he was Not Guilty gf the same, and most honour- 
 ably acquitted him of the said charge. 
 
 The Court expressed its regret that Captain Dale should have 
 been kept such a length of time as four months under arrest, 
 previous to his trial, under the suspicion of guilt, a circum- 
 stance in itself sufficiently painful to the feelings of a, Gentleman 
 and an Officer, but which the Court had no doubt was owing to 
 .unavpidable circumstances. 
 
 His Majesty, has approved and confirmed the decision of the 
 ;: Court, and in consideration of the publicity and magnitude of the 
 
 z2 
 
340 T. Richardson. 
 
 charges preferred against the prisons, Captain Dale, and the 
 suspicion of guilt under which he must consequently have 
 laboured during a long arrest, His Majesty is pleased to consider 
 it to be an act of justice, due to the feelings and character of 
 that Officer, to publish to the whole army the full and honour- 
 able acquittal of the Court Martial, and by this public con- 
 firmation of the decision of the Court, it is His Majesty's inten- 
 tion to mark his disapprobation of the motives by which the 
 prosecutor. Major Shafto John Hedley, appears from the whole 
 of the case, to have been actuated in preferring such ill-grounded 
 charges against Captain Dale. 
 
 The Commander in Chief directs, that the charges preferred 
 against Captain Dale, together with the opinion of the Court, 
 and His Majesty's confirmation thereof, shall be read at the 
 head of every regiment, and entered in the regimental orderly 
 books. 
 
 By command of the Right Hon. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Vide Index for the particulars of subsequent Courts 
 Martial held upon Major Hedley and Lieutenant Morrison. — 
 Captain Dale is still borne upon the list of Officers of the 
 Northumberland Militia. — Editor. 
 
 THOMAS RICHARDSON.— 1810. 
 
 G. O. Horse Guards, 14 June, 1810. 
 
 At a General Court Martial, held at Vizeu, on the 20th March, 
 IS 10, Thomas Richardson, Clerk in the Commissariat Depart- 
 ment, was arraigned upon the undermentioned charge, viz. 
 
 ' For scandalous and infamous conduct, in misapplying and embez- 
 zling the public monies, by fraudulently receiving .£5 per cent, out of 
 payments made by him at different times, about the months of September 
 and Octoher, 1809', atMerida.' 
 
 Upon which charge the Court came to the following deci- 
 sion : — 
 
 The Court, havuig maturely and deliberately weighed and 
 considered the evidence, adduced in support of the prosecution, 
 against the prisoner, Thomas Richardson, Clerk in the Com- 
 
D. Maginn and J. Mahny. 341 
 
 missariat Department, together with what he offered in his de- 
 fence, and the evidence thereon, was of opinion, he was Guilty 
 of the charge preferred against him, being in breach of the Arti- 
 cles of War; and, by virtue thereof, sentenced him, the prisoner, 
 Thomas Richardson, Clerk in the Commissariat Department, to 
 three months' imprisonment, from the day of the date of the \ 
 confirmation of this Court Martial, and also to refiind the sum of 
 of 161 : 1 84. %d,, being the amount received by him in a fraudu- 
 lent manner, out of the payments made to Manuel Femandoz, 
 and Fernando de Fano, at Merida, on =£3238 : 1 4*. 1 d., and in 
 default of payment of the said sum of<£l6l : 18s. &d., the Court 
 sentenced the prisoner, Thomas Richardson, to be committed 
 to prison for six months, there to remain, without bail, until he 
 should pay such deficiency. The Court further adjudged the pri- 
 soner, Thomas Richardson, to be incapable and unworthy of 
 again serving His Majesty in any situation of trust, civil or 
 military. 
 
 His Majesty was pleased to approve and confirm so much of 
 t-he sentence of the Court, as adjudged the prisoner to three months' 
 imprisonment, from the day of the date of the confirmation of 
 the Court Martial, and to be incapable and unworthy of again 
 serving His Majesty in any situation of trust, civil or military, 
 and to remit the remainder of the sentence. 
 
 The Commander in Chief directs, that the charge preferred 
 against Thomas Richardson, together with the Sentence of the 
 Court, and His Majesty's confirmation thereof, shall be read at 
 the head of every regiment, and entered in the regimental orderly 
 books. 
 
 By command of the Right Hon. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 HOSPITAL MATES DANIEL MAGINN, 
 AND JAMES MALONY.— 1810. 
 
 G. O. B.wst Guards, 6 July, J8I0. 
 
 MY LORD, 
 
 Having had the honour to lay before the King the pro- 
 ceedings of a General Court Martial, held at Lisbon, on the 
 
342 D. Mdginn and f. Mctlort^. 
 
 21st and 22d of May, 1810, for the trial of Hospital-irtate Daniel 
 Maginn, who was arraignfed upon the underirientioned chafrges, 
 namely : — 
 
 ' For highly mutinous, scandalous, and infamous conduct, such as un- 
 hecoming the character of an Officer and a Gentleman, in grossly ih- 
 sijlting and striking Lieutenant Dunkin, of the 4th JDragoons, his supe- 
 rior Officer, while in command, on hoard the Anacreon transport, when 
 on the passage from England to Portugal, on, or ahout, the month of 
 Fehruary or March, 1810 ;' on which charges the Court came to the fol- 
 lowing decision : — 
 
 The Court having maturely weighed and considered the 
 evidence, adduced in support of the prosecution, against the pri- 
 soner, Hospital-mate Daniel Maginn, together with what he 
 has urged in his defence, and the evidence thereon, are of opinion 
 that he is Guilty of the charge preferred against him, being in 
 breach of the Articles of War, and do, by virtue thereof, sentence 
 him, the prisoner, Hospital-mate Daniel Maginn, to be cashiered. 
 The Court cannot close its proceedings, without noticing the 
 extremely reprehensible conduct of Lieutenant Dunkin, during 
 his command on board the Anacreon transport, and which ap- 
 pears to them, in a great measure, to have given rise to the un- 
 justifiable occurrence which took place on the passage to this 
 country. 
 
 I am to acquaint your Lordship, that His Majesty was pleased 
 to approve and confirm the finding and Sentence of the Court ; 
 your Lordship will, therefore, acquaint me with the day on which 
 the sentence is made known to the prisoner. Hospital-mate 
 Daniel Maginn, as from that day he will cease to receive pay in 
 His Majesty's service. 
 
 (Signed) DAVID DUN DAS, Commander in Chief. 
 Lieut. Gen. Lord Vise. Wellington, K. B. S^c. SfC. SfC. 
 
 Horse Guards, 6 July, 1810. 
 MY LORD, 
 
 Having had the honour to lay before the King the 
 proceedings of a General Court Martial, held at Lisbon, on the 
 14th May, 1810, and continued by adjournment to the 1 9th of 
 the same month, for the trial of Hospital-mate James Malony, 
 who was arraigned on the undermentioned charges, viz. — _ 
 
T. Dunkiii. 343 
 
 Ut. ' For highly mutinous^ scandalous^ and infamous conduct^ ^ucl) 
 as is unbecoming the character of an Officei- and aGentleman^ in grossly 
 insulting and striking Lieutenant Dunkin^ of the 4th Dragoons, his 
 superior Officer, while in command, on boar^ the Anacreon tvansport, 
 when on the passage frpm England to Portugal, on, or about, the month 
 of Febniary or Maj-cfe, 1810. 
 
 2d. ' For most scandalous, infamous and disgraceful conduct, such as is 
 unbecoming the character of an Ofijcer and a Gentlemap, in grossly in- 
 sulting and striking Ensign M'Leaji, of the 5th Foot, his superior Offi- 
 cer, when on board the said Anacrepn transport, on, or about, tlie i^onth 
 of February or March, 1810.' 
 
 Upon which charges the Court came to the following deci- 
 sion : — 
 
 The Court having maturely and deliberately weighed and con- 
 sidered the evidence, adduced in support of the prosecution, against 
 the prisoner, Hospital-njate James Malony, together with what he 
 brought forward in his defence, and the evidence thereon, are of 
 opinion he is Guilty of the charges preferred against him, being in 
 breach of the Articles of War, and do, by virtue thereof, sentence 
 him, the prisoner, Hospital-mate James Malony, to be cashiere4- 
 The Court are induced to pass this lenient sentence, in consi- 
 deration of the inexperience of the prisoner, in the very short 
 period of his service. I am to acquaint your Lordship, that His 
 Majesty was pleased to approve and confirm the finding and 
 Sentence of the Court ; your Lordship will, therefore, acquaint 
 me with the day upon which the sentence is made known to the 
 prisoner, Hospital-mate James Malony, as from that day he will 
 cease to receive pay in His Majesty's service. 
 
 (Signed) DAVID DUNDAS, Commander in Chief. 
 Lieut. Gen. Lord Vise. Wellington, K. E. SfC. 8fc, Sfc. 
 
 LIEUTENANT THOMAS DUNKIN.— 1810. 
 
 G. O. Horse Guards, 1 Aug. 1810. 
 
 At a General Court Martial, held at Lisbon, on the IQth 
 June, 1810, and continued by adjournment to the 21st of the 
 same month, Lieutenant Thomas Dunkin, of the 4th Diagoons 
 was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For scandalous and infamous conduct, unbecoming the charac- 
 ter of an Officer and a Gentleman,- while in command of a detachment 
 
344 T. Dunkin. 
 
 of the 4th Di'agoons, in the Anacreon transport, on the passage from 
 Portsmouth to Lisbon, by making use of highly improper language to, 
 and striking Hospital-mate Daniel Magihn, an Officer under his com- 
 mand, on, or about, the 7th of March, 1810 ; and also in fighting with, 
 and making use of improper language to.the said Hospital-mate Maginn 
 on the deck of the Anacreon transport, on, or about, the 21st March last. 
 2d. ' For scandalous and infamous conduct, unbecoming the character 
 of an Officer and a Gentleman, by making use of highly improper lan- 
 gijage to, and fighting with Hospital-mate James Malony, an Officer 
 uiider his command, on the deck of the Anacreon transport, on, or about, 
 the 19th March, 1810." 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely and deliberately weighed, and 
 considered the evidence, adduced in support of the prosecution, 
 against the prisoner, Lieutenant Thomas Dunkin, of the 4th 
 Dragoons, together with what he alleged in his defence, and the 
 evidence thereon, was of opinion that he was guilty of the first 
 part of the first charge preferred against him, in as far as making 
 use of highly improper language to, and striking Hospital-mate 
 l^aginn, an Officer under his command, on, or about, the 7th of 
 March, 1810, being in breach of the Articles of War, and by 
 virtue thereof sentenced him, the prisoner, Lieutenant Thomas 
 Dunkin, of the 4th Dragoons, to be suspended from rank and 
 pay for the space of six calendar months; but the Court, in 
 consideration of the grossly insulting language made use of by 
 Hospital-mate Maginn, to the prisoner, acquitted him of scan- 
 dalous and infamous conduct unbecoming the character of an 
 Officer and Gentleman. 
 
 The Court was of opinion, that the prisoner was Not Guilty 
 of the second part of the first charge preferred against him, viz. 
 * in fighting with, and making use of improper language to, the 
 said Hospital-mate Maginn, on the deck of the Anacreon tran- 
 sport, on, or about, the 21st March last,' and acquitted him 
 thereof. 
 
 The Court was further of opinion that the prisoner. Lieutenant 
 Dunkin, was Not Guilty of the second charge preferred against 
 him, and therefore acquitted him of the same. 
 
 His Majesty has been pleased to confirm the opinion and 
 Sentence of the Court ; but in consideration of all the circum- 
 stances of tlie prisoner's conduct, as they appear upon the face 
 
W. Griffin. 345 
 
 of the proeeedings, His Majesty has been pleased to com- 
 mand that it shall be intimated to Lieutenant Dunkin, that His 
 Majesty has no further occasion for his services. 
 
 The Commander in Chief directs, that the charges preferred 
 against Lieutenant Thomas Dunkin, together with the Sentence 
 of the Court, and His Majesty's decision thereon, shall be read 
 at the head of every regiment, and entered in the regimental 
 orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN WILLIAM GRIFFIN.— 1810. 
 
 G. O. Horse Guards, 6 Aug. 1810. 
 
 At a General Court Martial, held at Bengal, on the 14th 
 December, )80[), and continued by adjournments to the 30th 
 of the same month. Captain William Griffin, of the 14th Regi- 
 ment of Foot, was arraigned upon the undermentioned charges, 
 viz, — 
 
 1st. ' For scandalous and hifamous behaviour, such as is unbecoming 
 the character of an Officer, in having, on, or about, the 27th October, 
 1809, suffered the most gross, abusive, and opprobrioiis language to be 
 applied to him, by Lieutenant Dove, of His Majesty's 14th Regiment of 
 Foot, viz. poltroon and scoundrel, (words subsequently avowed by that 
 Officer) without taking such measures as would have been appropriate 
 to the vindication of his, Captain Griffin's, insulted honour and character, 
 and in flagrant breach of the rules of subordination, and military disci- 
 pline prescribed by the Articles of War. 
 
 2d. ' For scandalous and infamous behaviour, such as is unbecoming 
 the character of a Gentleman, in having solemnly denied in a letter, 
 under date of the 23d ultimo, addressed to Lieutenant Colonel Watson, 
 being at all conscious of the abusive, and ungentleman-like language, 
 imputed in the former charge, although it is evident by a letter from 
 Captain Griffin, addressed to Lieutenant Dove, two days after the aft'ray 
 above adverted to happened, that he complains that such abusive, and 
 ungentleman-like language was applied to him, by that Officer, on the 
 27th October, and further, in a conversation held with Captain Shea, 
 of the same corps, he fuUy admits that the terms, poltroon and scoundrel, 
 had been applied to him by Lieutenant Dove, and even worse.' 
 
 The Court, after maturely weighing and considering what ap- 
 peared in evidence before it, together with what the prisoner 
 alleged in his defence, was of opinion, that tlie prisoner, Captain 
 
34« W. Maibeh. 
 
 William ; Gri<Bn> was Not Gnilty, and the Courf, therefore, ac- 
 quitted him of the whole, and every part of the chaises exhibited 
 against him. 
 
 His Majesty having been pleased to approve of the decision 
 of the Court Martial, the Commander in Chief directs, that the; 
 charges preferred against Captain Griffin, together with the de- 
 cision of the Court Martial, and His Majesty's confirmation 
 thereof, shall be read at the head of every regiment, and entered 
 into the regimental orderly books. 
 
 By conmiand of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Griffin died shortly afterwards. — Editor. 
 
 LIEUT. ANDREW WILLIAM MAIBEN.— 1810. 
 
 G. O. Horse Guards, 8 Aug. 1810. 
 
 At a General Court Martial, held at Guadaloupe, on the 10th 
 April, 1810, and continued by adjournments to the l6th of the 
 same month, Lieutenant Andrew William Maiben, of the 4th 
 West India Regiment, was arraigned upon the undermentioned 
 charge, viz. 
 
 ' For misbehaving before the enemy, near Port Bellair, Guadaloupe, . 
 on the 3rd February, 1810.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having duly and maturely weighed the evidence 
 brought forward against the prisoner, Lieutenant Andrew William 
 Maiben, of the 4lh West India Regiment, as well as what he 
 produced in hisd efence, was of opinion that he was Guilty of the 
 crime laid to his charge, being a breach of the Articles of War, 
 and therefore sentenced the said Lieutenant Andrew William 
 Maiben to be cashiered. 
 
 His Majesty having been pleased to approve and confirm the 
 Sentence of the Court, the Commander in Chief directs, that 
 the charge preferred against Lieutenant Maiben, together with 
 the sentence of the Court, and his Majesty's confirmation thereof, 
 shall be read at the head of every corps, and entered in the regi- 
 mental orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 HARRY cAlVERT, Adj. Gen. 
 
(347 ) 
 
 LIEUTENANT GEaRGE LEABON.^1810. 
 
 G. O. Horse Guards, 10 Ai/g. IglO. 
 
 At a General Court Martial, held in Guernsey, on the l6th 
 July, 1810, and continued by adjonrnrnents to the 1 8th of the 
 same month, Lieutenant George Leabon, of the 67th Regiment 
 of Foot, was arraigned upon the following charges, viz. 
 
 1st. 'For unofficerlike and unmilitaiy conduct and neglect of duty, in 
 having absented himself from the Pier guard, which he commanded on 
 the night of Monday the 23rd, or Tuesday the 24th of April last, and for 
 having shanieftiUy refused his protectic(n to Emily Du Chemin, witt of 
 Thomas Piseing, when earnestly implored so to do, in consequence of 
 which, the person of the said Emily Du Chemin, wife of Thomas Piseing, 
 was violated, and was otherwise ill-treated by a number of the said 
 guard. 
 
 2d. ' For disobedience of the district order of the 17th Febmary last, 
 issued by Lieutenant Colonel Prevost, commanding the Town District, 
 of which the following is a copy : 
 
 * District Orders. 
 
 Amhurst Barracks, 17 Feb. 1810. 
 
 ' The Officers of the Pier and Long Store guards, will visit their sen- 
 tries immediately after the first relief, after which they are on no account 
 to be absent.' 
 
 Upon these charges the Court came to the following decision : 
 
 The Court, having duly weighed and considered the whole of 
 
 the evidence, produced on the first charge, and what has been 
 
 alleged by the prosecutor and the prisoner, find the prisoner, 
 
 Lieutenant George Leabonj Guilty ; but do not, at the same 
 
 time, attach to the said Lieutenant Leabon's conduct, the shame 
 
 expressed in the charge, as the Court do not deem he could in 
 
 any way have foreseen the excesses, and acts of violence, which 
 
 were committed on the person of the said Du Chemin, and that 
 
 although Lieutenant Leabon absented himself from the Pier 
 
 guard, the husband of the said Emily Du Chemin appears to 
 
 have been with her at the time he. Lieutenant Leabon, so quitted 
 
 the giiard-room, and might lead him to suppose he would have 
 
 been protection for her. The Court, having also minutely and 
 
 attentively considered the whole of the evidence, produced on the 
 
 second charge, find the prisoner. Lieutenant George Leabon, 
 
 Guilty. The Court, at the same time that they find the prisoner. 
 
 Lieutenant George Leabon, Guilty, as is above specified, taking 
 
348 A. Robertson. 
 
 into their consideration the high character given him by his Com- 
 manding Officer and others, the long confinement he has endured, 
 and that his absence from his guard was with his patrole,,with 
 the intention to keep good order in the town, do sentence him to 
 be suspended from rank and pay for the space of six calendar 
 months. 
 
 His Majesty has been pleased to confirm the Sentence of the 
 Court, and the Commander in Chief directs, that the charges 
 abovementioned, together with the Sentence of the Court, and 
 His Majesty's confirmation thereof, shall be read at the head of 
 every corps, and entered in the regimental orderly books. 
 
 By the Commander in Chief's Command. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT A. ROBERTSON.— 1810. 
 
 G. O. Horse Guards, 13 Jlug. 1810. 
 
 At a General Court Martial, held at Zante, on the 24th of Oc- 
 tober, 1809, and subsequent days, Lieutenant Alexander Robert- 
 son, of the .35th Regiment of Foot, was arraigned upon the fol- 
 lowing charges, viz. 
 
 1st. ' With having got drunk, on the evening of the 22nd of October, 
 at Zante, the day upon which the company he belonged to disembarked 
 there, and for having thereby incapacitated himself from exerting that 
 vigilance, and attention towards the men, which his duty as a subaltern 
 Officer required ; for having, on the contrary, afforded to the soldiery, a 
 shameful example of • that irregularity which they had been forcibly en- 
 joined to avoid. 
 
 2d. ' With having, on the same evening, induced a sentinel fo quit 
 his post, and load his firelock, which he, the prisoner. Lieutenant Robert- 
 son, took from the said sentinel, wantonly and maliciously discharging 
 the same, in the public streets of Zante, thereby, in the grossest manner, 
 offending against military discipline, outraging good order, and preju- 
 dicing the minds of the inhabitants against the conduct and character of 
 the British troops.' 
 
 The Court found the prisoner. Lieutenant Robertson, Guilty 
 of the charges preferred against him, and adjudged him to be 
 cashiered. 
 
 His Majesty has been pleased to confirm the Sentence of the 
 Court, whereby Lieutenant Robertson is adjudged to be 
 cashiered. 
 
S. Cheek, F. Jssiotti. 349 
 
 The Commander in Chief directs that the charges abovemen- 
 tioned, together with the Sentence of the Court and His Majesty's 
 confirmation thereof, shall be read at the head of every corps, 
 and entered in the regimental orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT SOLOMON CHEEK.— 1810. 
 
 G. O. Horse Guards, 17 Aug. 1810. 
 
 At a General Court Martial, held at Chelmsford, on the 23rd 
 July, 1810, and continued by adjournments to the 26th of the 
 same month. Lieutenant Solomon Cheek, of the Derbyshire Re- 
 giment of Militia, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For absenting himself, without leave, from duty and parade, at 
 Chelmsford baiTacks, on Saturday, June the 30th, Sunday, July the 1st, 
 and on Monday, July the 2nd, 1810. 
 
 2d. 'For disobedience of orders, and acting in contempt of the autho- 
 rity of his Commanding Officer, Lieutenant Colonel Halton, in so absent- 
 ing himself from the regiment, he having applied for leave of absence, 
 and been refused by his Commanding Officer. 
 
 The Court Martial found the prisoner Guilty of both the 
 charges preferred against him, and adjudged him to be dismissed 
 from the Derbyshire Regiment of Militia. 
 
 His Majesty having been pleased to approve of the Sentence 
 of the Court Martial, the Commander in Chief directs, that the 
 charges preferred against Lieutenant Cheek, together with the 
 decision of the Court, and His Majesty's confirmation thereof, 
 shall be read at the head of every regiment, and entered in the 
 regimental orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN FRANCIS ASSIOTTI.— 1810. 
 
 G. O. Horse Guards, 20 Aug. 1810. 
 
 At a General Court Martial, held at Barbadoes, on the 2 1 st 
 
 of April, 1 8 10, and continued by adjournments to the 28th of the 
 
S50 jF. Jssialti. 
 
 same month, Captain Francis Assiotti, of the '3rd West India 
 Regipient, was arraigned upon ithe undermentioned xharges, viz. 
 
 1st. 'Eor conduct unbeconjing the character .of an. Officer and a Gen- 
 tleman, in misapplying the public monies^ trusted to his charge, on ac- 
 count pf his company, and refusing paynient to the foUowirig persons, for 
 necessaries and vegetables furnished his said company, for which the 
 men were charged, he having jsceived the full amount of liis abstract to 
 the 24th December, 1809, viz. 
 
 'To Quarter-Master Segeant Cly:ie, .£132 : 0*. 4d. sterling, or there- 
 abouts. 
 
 *To~Joseph Kennedy, a tradesman of Bridge Town, .£15 : 19*. 0|rf. 
 (Or thereabouts. 
 
 ' To.Betsy Dial, for vegetables, £8 : 10s. Ad. sterling. 
 
 ' Such transactions being highly injurious to the honour of the corps, 
 and disgraceful-in themselves. 
 
 ^nd- 'For defrauding his nien, by an overcharge on shoes, pmchased 
 uby Mm, from, Payrj^^ter Crauford, at 8s. 4rf. sterling per pair, and issu- 
 ing the same to his company, at 9s. 4d. sterling per pair, as also for 
 pantaloons bought by him, from Joseph Kennedy, at 9s. -9 Jd. sterling 
 =per pair, and dehvering them out to his company, at 10s. ;!5<Z. sterljng, 
 ^transactions injurious to the honour of the corps, and disgraceful in 
 themselves. 
 
 3d. 'For disobedience of orders, in.refusing to submit to the examina- 
 tion of the; Commanding! Officer his conipany's books.' 
 
 The Court'Martialipund the prisoner 'Guilty of all the charges 
 preferred against him, and adjudged that he should pay the over- 
 charge which he m^de on 64 pairs of trowsers, (being 8 Jd. sterling 
 on each pair) to those persons who. received them at the over- 
 charged price, and that he should also pay the overcharge of one 
 shilling sterling per pair, op 43 pairs of shoes, to those persons 
 who received them at the overcharged price ; and the Court 
 further adjudged the prisoner to be dismissed His Majesty's 
 
 service. 
 
 His Majesty has been pleased to approve and confirm the 
 opinion and Sentence of the Court, ^nd the Commander in Chief 
 directs, that the charges .preferred against Captain Assiotti, to- 
 gether with the Sentence of the Court, and His Majesty's con- 
 firmation thereof, shall be read at the head of every regiment, and 
 entered in the regimental orderly book'. 
 
 By order of the Right Hon. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 ,J,IJI:, 
 
T. Justin. 351 
 
 LIEUTENANT JOSEPH PETERS— 1810. 
 
 ■G. O. Horse Guards, 24 Jug. 1810. 
 
 At a General Court Martial, held at Quebec, on the 9th April, 
 1810, and continued by adjournment to the 11th of the same 
 "month, Lieutenant Joseph Peters, of the Canadian Fencible Re- 
 giment, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For being drunk on piquet, on the morning of the 1st ofiApril, 
 1810. / 
 
 2d. ' For great insubordination, on the morning of the 1st of April, 
 1810, in insultiig Captain M'Queen, of the Canadian Fencible :Regi- 
 -ment, then con manding Cape Diamond guard, and challenging himto 
 ■fight, in breacl of the Articles of War.' 
 
 Upon whjoh charges the Court came to the following decision : 
 
 The Court, having duly and maturely weighed and considered 
 the proceediiigs before them, was of opinion, that the prisoner, 
 ■Lieutenant Joseph Peters, of the Canadian Fencible Regiment, 
 was Guilty of both the charges preferred against him, which 
 being in breach of the Articles of War, the Court sentenced him 
 to be cashiered. 
 
 The Court, in closing its proceedings, lamented that Captain 
 M'Queen, did not exert his authority, to prevent the improper 
 use of liquor in the guard-room, and after finding the eflfect it had 
 produced on Lieutenant Peters, he did not evince a proper sense 
 of duty due to the service ; but, on the contrary, entered into alter- 
 cations, and suffered him to remain, while in a state of intoxica- 
 tion, in the command of the piquet. 
 
 His Majesty having been pleased to approve and confirm the 
 finding and Sentence of the Court, the Commander i in Chief di- 
 rects, that the charges preferred against Lieutenant Joseph 
 Peters, together with the Sentence of the Court, shall be read at 
 the head of every corps, and inserted in the orderly books. 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT COLONEL T. AUSTIN.— 1810. 
 
 G. O. Horse Guards, 3 Sept. 1810. 
 
 At a General Court Martial, held at Barbadoes, on the, 2d 
 
352 T. Austin. 
 
 May, 1810, and continued by adjournments to the 14th of the 
 same month, Lieutenant Colonel Thomas Austin, of the 4th Bat- 
 talion 60th Regiment, was arraigned upon the undermentioned 
 charges, viz. 
 
 1 St. ' For various neglects of duty, highly prejudicial to the service, 
 previous to his being removed from the command of the 4th Battalion 
 60th Regiment, on the 5th of January, 1 808, at the Cape of Good Hope, 
 in permitting Quarter Master Marriot, of the above regiment, who was 
 under sentence of a General Court Martial for peculation, to leave the 
 colony at the Cape of Good Hope, vdthout settling the barrack damages 
 against the corps, amounting to about 500 dollars, which had laid over 
 during the whole of the Lieutenant Colonel's command, being from the 
 I6th Januaiy, 1807, to the 5th January, 1808, and neglecting to in- 
 spect the clothing sent out for 1808, at Cape Town, and permitting that 
 at Simon's Town to be totally neglected, and at the mercy of any body, 
 when the regiment were encamped at Rouudabush, and for neglecting 
 to sign the ration, or fuel accounts, for the whole, or part of the above 
 period, until sent to him by his successor. Major Lomax, on which ac- 
 count, on the corps embarkation, the Officers' advance of pay, and bdt 
 and forage money was withheld, which distressed them, and deprived 
 'them of,the means of obtaining stock and comforts for a long sea voyage." 
 
 2d. ' For highly improper conduct, in drawing from the contractors, 
 at the Cape of Good Hope, and appropriating to his ovm use, a portion 
 of wood that was due to the non-commissioned Officers and privates, of 
 the 4th BattaUon 60th Regiment, during their encampment at Rouuda- 
 bush. 
 
 3d. ' For unofficer-like conduct, in receiving and taking with him, 
 when leaving the corps at two different times, viz. at Lymington, on. Or 
 about, the 4th March, 1806, and at the Cape of Good Hope, on his re- 
 moval from the coiomand of the corps, the allowance to the battalion for 
 stationery and postage, thereby obliging his successor to furnish the 
 same, and for which, on the embarkation of the corps in May, 1 806, and 
 March, 1808, he might have been arrested and lost his commission," had 
 he not found the means of liquidating the same. 
 
 4th. ' For conduct highly unbecoming the character of an Officer and 
 a Gentleman, in being concerned in traffic, and in directing in battalion 
 orders, on the 28th November, 1807, at the Cape of Good Hope, an 
 issue of queues to Officers commanding companies for their men, when 
 they were not allowed to be worn, and compiling the Serjeants to take 
 canteens at 5*. 6d. sterling, each, at the same time and place, and obhg- 
 ing them to give up those which Government had supplied them with 
 gratis.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having maturely considered the evidence, on the 
 
 part of the prosecution, as far as the charges were within the 
 
 period limited by law, for their investigation, and having duly 
 
T. Austin. 353 
 
 weighed what the prisoner has alleged in his defence, and what 
 has been adduced by both parties, is of opinion as follows, as to 
 the first charge. 
 
 The Court is of opinion that the prisoner, Lieutenant Colonel 
 Austin, is Not Guilty thereof, and does therefore most honourably 
 acquit him. 
 
 As to the second charge, the Court is of opinion, that the pri* 
 soner, Lieutenant Colonel Austin, is Not Guilty thereof, and does 
 therefore most honourably acquit him. 
 
 As to the third charge, the Court is of opinion, that, as far as 
 this charge is within the period limited by the Mutiny Act, and 
 which alone has come under their cognizance, the prisoner, Lieu* 
 tenant Colonel Austin, is Not Guilty thereof, and does therefore 
 most honourably acquit him. 
 
 As to the fourth charge, the Court, in the course of its pro- 
 ceedings, having determined that the first part of this charge, re- 
 garding the traffic, was too generally laid for it to take cogni- 
 zance of that part, is of opinion, respecting the remainder of the 
 charge, that the prisoner is Not Guilty thereof, and doth therefore 
 most honourably acquit him. 
 
 The Court having most honourably acquitted the prisoner. 
 Lieutenant Colonel Thomas Austin, of all the charges preferred 
 against him, cannot close its proceedings, without feeling itself 
 called upon to animadvert upon the motives which seem to have 
 induced this prosecution, which it cannot help deeming both. fri- 
 volous and vexatious, and not to have been brought forward fo|" 
 the good of the service, but to have originated in envious motives, 
 and carried on to gratify private resentment. 
 
 His Majesty has been pleased to approve and confirm the opi- 
 nion and decision of the Court, and in consideration of the whole 
 of the circumstances of this case, as they appear upon the face 
 of the proceedings, has been further pleased to command, that it 
 should be intimated to the prosecutor, Lieutenant Colonel Lo- 
 max, that his further service in the army will be dispensed with, 
 and that he will accordingly be removed from His Majesty's 
 service : — but in reference to the former good character of Lieu- 
 tenant Colonel Lomax, as testified in the documents from some 
 general Officers, w4iich he produced in his defence, and from an 
 
354 T. Austin. 
 
 humatie feeling towards his family, His Msgesty has hten gra- 
 ciously pkased to consent to his being allowed to receive the 
 value of the commissions, which he purchased ; and as lieute-- 
 nant Colonel J^omax appears to have purchased obly hia majo- 
 rity, but to have been at an expense over and above the bounty, id 
 raising men for his company. His Majesty has been further most 
 graciously pleased to allow, that he should receive the amount 
 of the difference between a Lieutenancy and a Company, in ad* 
 dition to the sum he paid on obtaining his majority. 
 
 The Commander in Chief directs, that the charges preferred 
 against Lieutenant Colonel Thomas Austin, together with the 
 decision and observations of the Court, and His Majesty's plea- 
 sure thereon, shall be read at the head of every corps, and en- 
 tered in the regimental orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 HARRY CALVERT, Adj. Geiii 
 
 N. B. Lieutenant Colonel Austin continued in the regiment 
 until 1817, vvhen he retired frotn the army. — Lieutenant Colo' 
 nel Lomax was restored to his rank, and is now a Brevet Co- 
 lonel and upon Half-pay. — Editoi: 
 
 G. O. Horse Guards, 18 April, 1811, 
 
 Several circumstances having combined, to induce the Com- 
 mander in Chief to submit to the favourable consideration of 
 His Royal Highness the Prince Regent, the situation of Lieute- 
 nant Colonel Lomax, as declared in the General Order of the 3d 
 September, 1810, His Royal Highness has been graciously 
 pleased, in the name and behalf of His Majesty, to commahd, 
 that Lieutenant Colonel Lomax shall resume the duties of his 
 commission, an indulgence conceded to his general good cha- 
 racter ; His Royal Highness confiding, that the purposes of ex- 
 ample have been answered by the expression already conveyed 
 to the army, of His Majesty's displeasure at the conduct of Lieut. 
 Colonel Lomax, in the prosecution of his Commanding Officer. 
 
 Lieutenant Colonel Lomax is accordingly restored to the func- 
 tions of his commission in the 60th Regiment. 
 
 By comiQand of the Right Hon. the Conunander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 355 ) 
 
 ADJUTANT WILLIAM M. PRICE.— 1810. 
 
 G. O. Horse Guards, 5 Sept. 1810. 
 
 At a General Court Martial, held at Coventry, on the 28th 
 May, 1810, and continued by adjournments to the 2d of June 
 following, and re-assembled on the 5th July and subsequent days, 
 by command of His Majesty, Adjutant William Mitchell Price, 
 of the 4th Regiment of Warwickshire Local Militia, was ar- 
 raigned upon the undermentioned charges, viz. 
 
 1st. ' That the said William Mitchell Price, being Adjutant of the 4th 
 Regiment of Local Militia, of the county of Warwick, and being era- 
 ployed or ordered by the Right Honourable Lord Grey-de-Ruthyn, Lieute- 
 nant Colonel Commandant of the said regiment, to provide the articles, 
 or necessaries directed to be provided, out of the monies allowed to the 
 persons enrolled, to serve in the said regiment of Local Militia ; and the 
 said Adjutant William Mitchell Price, being entrusted with the monies 
 to provide such necessaries, charged the non-commissioned Officers, 
 drummers, and private men, serving in the said Regiment of Local Mi- 
 litia, while on permanent duty at the city of Coventry, from the 26 th 
 day of September, to the 23d day of October last, both days inclusive, 
 more money than the articles, or necessai'ies so provided by hfan, the 
 said William Mitchell Price, actually cost, thereby defrauding the said 
 nou-commissioned Officers, drummers, and private men, and putting a 
 considerable sum of money into his own pocket, contrary to his duty as 
 an Officer and a Gentleman, and to the great injury of His Majesty's 
 service. 
 
 2d. ' That the said William Mitchell Price, being so employed or 
 ordered, as aforesaid, and entrusted with the monies to provide neces- 
 saries for the said non-commissioned Officers, drummers and private men 
 of the said 4th Regiment of Local Militia of the County of Warwick, by 
 the Right Honourable Lord Grey-de-Ruthyn, the Lieutenant Colond 
 Commandant of the said regiment, while on permanent duty at Coventry, 
 from the said 25th day of September to the 23d day of October last, both 
 days inclusive, did provide certain articles not coming in the description 
 of necessaries, and altogether unnecessary, which he caused to be delivered 
 to the said non-commissioned Officers, drummers, and private men of the 
 said regiment, as necessaries, and compelled them to take the same, 
 without having the authority of the Commanding Officer of the said re- 
 giment for so doing, and he, the said William Mitchell Price, charged 
 the said non-commissioned Officers, drummers and private men, of the 
 said regiment, more money than the actual cost of the said unnecessary 
 articles, thereby misapplying the said monies so entrusted to him, con- 
 trary to his duty as an Grocer and a Gentleman, and to the great injury 
 of His Majesty's service.' 
 
 Upon which charge the Court came to tlie following de- 
 cision : 
 
 A A 2 
 
356 W. M. Price. 
 
 The Court having, m obedience to His Majesty's commands, 
 revised its late proceedings, and examined further evidence to 
 such parts of the charges, as under the circumstances appeared 
 not to have been enquired into, and also heard what Adjutant 
 Price had to offer in his defence, was, after mature deliberation, 
 of opinion, that the first charge had not been proved, and there- 
 fore the Court fully acquitted the prisoner. 
 
 With respect to the second charge, no fresh evidence having 
 been adduced, to prove that Adjutant Price compelled the non- 
 tommissioned Officers, drummers, and privates, to take any un- 
 necessary articles, the Court remained of opinion as before, that 
 he was Not Guilty, and therefore acquitted him also of that 
 charge. 
 
 The Court could not suffer its proceedings to close, without 
 annexing a list of the necessaries produced in Court, as furnished 
 to the 4th Regiment of Warwick Local IVIilitia, with the prices 
 paid for them (as far as evidence was given) and the Court feel 
 it necessary to state, that the whole of the articles appeared of 
 good quality, and that no charge was made by Adjutant William 
 Price for carriage, or other attendant expenses. , . 
 
 His Majesty has been pleased, under all the circumstances of 
 the case, to^ acquiesce in the finding of the Court, and the conse- 
 quent acquittal of the prisoner. 
 
 The irregularity which appears to have been committed by 
 liord Grey-de-Ruthyn, Lieutenant Colonel Commandant of the 
 .4th Warwick Local Militia, in directing the whole allowance for 
 the regiment, of one guinea per man, to be paid into the hands of 
 the Adjutant, Captain Price, is a practice highly detrimental in 
 principle, to His Majesty's service, and calculated to give rise to 
 that dissatisfaction which appears from' the proceedings of the 
 Court Martial to have prevailed in the corps ; and in directing, 
 that this irregularity should be pointed out to Lord Grey-de- 
 Ruthyn, His Majesty has been pleased to command that his 
 Lordship should be enjoined to adhere, "in future, to the express 
 directions of the 48th Geo. IH. cap. 11, sec. 31, which provides 
 for the payment of this guinea to the Captain of each company. 
 
 The Commander in Chief directs, that the charges preferred 
 against Adjutant William Mitchell Price, together with the de- 
 
C. B. Brown and E. C. N. Zouch. 3o7 
 
 cision of the Court Martial, and His Majesty's pleasure thereon, 
 shall be read at the head of every corps, and entered in the re- 
 gimental orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN CHARLES BOGHURST BROWN, 
 AND LIEUTENANT E. C. N. ZOUCH.— 1810. 
 
 G. O. Horse Guards, 7 Sept. 1810. 
 
 At a General Court Martial, held at the Royal Hospital, 
 Chelsea, on the 6tli of August, 1810, and continued by adjourn- 
 ments to tire 9th of the same month, Captain Charles Boghurst 
 Brown, and Lieutenant Edmund Clement Neville Zouch, of the 
 Royal East London Regiment of Militia, were arraigned upon 
 the following charges, viz. — 
 
 Charges against Captain C. B. Brown. 
 
 1st. 'For absenting himSclf from the quarters of the regiment, and 
 from the parades, without leave, from the 15th to the 20th of May last. 
 
 2d. ' For gross and unofficerlike conduct, in being conceined in writ- 
 ing, or aiding and assisting in drawing up, framing, and publishing a 
 printed placard, on, or about, the 23d or 24tli of May last, which pla- 
 card was posted up, and distributed in various parts of the cities of Lon- 
 don and Westminster, and their environs, having for its object, to excite 
 the public opinion against his Colonel, Sir John Eamer, such conduct 
 being prejudicial to His Majesty's service, and highly subversive of all 
 order and military discipline.' 
 
 Charge against Lieutenant E. C. N. Zouch. 
 
 ' For gross and unofficerlike conduct, in conspiring with, advising and 
 recommending Captain C. B. Brown, of the same regiment, to publish 
 a placard against his Colonel, Sir John Earner, and for aiding and assist- 
 ing the said Captain Brown, in writing, drawing up, framing and pub- 
 lishing a printed placard, on, or about, the 23d or 24th of May last, 
 which was posted up and distributed in various parts of the cities of 
 London and Westminster, and their environs, having for its object, to 
 excite the public opinion against his Colonel, Sir John Eamer, such 
 conduct being prejudicial to His Majesty's service, and highly sxibversive 
 of all order and military discipline.' 
 
 The Court found Captain Brown Guilty of both the charges 
 preferred against him, and adjudged him to be dismissed His 
 Majesty's service. 
 
 The Court also found Lieutenant Zouch Guilty of the charge 
 
358 JY, Lewis. 
 
 preferred against him, adjuc^ed him to he dismissed His Majesty's 
 service, and declared him unworthy to serve His Majesty in any 
 military capacity whatever. 
 
 His Majesty has been pleased to approve and confirm the 
 Sentence «f the Court, and the Commander in Chief directs, that 
 the charges preferred against Captain Brown and Lieutenant 
 Zouch, together with the Sentence of the Court, and His Ma- 
 jesty's confirmation thereof, shall be read at the head of every 
 regiment, and entered in the orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT WALTER LEWIS.— 1810. 
 
 G. O. Horse Guards, 10 Sept. 1810. 
 
 At a General Court Martial, held at Chelsea, on the 1 6th 
 August, 1810, and continued by adjournments to the 20th of the 
 same month, Lieutenant Walter Lewis,* of the 2d Regiment of 
 Royal Tower Hamlets Militia, was arraigned upon the following 
 charges, viz. 
 
 1st. ' For irregular and insubordinate conduct, on, or about, the 14 th 
 June, 1810, on the public parade, at Deptford, where the regiment was 
 assembled, in demanding a Court Martial in an insulting manner, taking 
 off his sword, and refusing to resume it, though ordered to do so by 
 Major Forssteen. 
 
 2d. ' For disobedience of a written order of the 14th June, 1810, 
 from Colonel Smith, in refusing to take back his sword, and to return to 
 his duty. 
 
 3d. ' For apptering before the Colonel of his regiment, on, or about, 
 the 17th June, 1810, at the Tower, in his regimentals, without his 
 sword, and for refusing, in the presence of Major General Turner and 
 other Officers, to obey the express commands of Colonel Smith, that he 
 should return to his quarters and resume his duty. 
 
 4th. • For breaking his arrest, at Deptford in Kent, on Saturday 
 morning, the 23d of June last, he having been seen by Quarter Master 
 Brash, of the 2d Regiment of Royal Tower Hamlets Militia, about 
 noon on that day, in Combill, London, in coloured clothes, and by 
 Serjeant CressweU, in Cannon-street, St. George's in the East, at a quar- 
 ter before eleven o'clock on the evening of the said day. 
 
 5th. ' For breaking his arrest, on, or about, the 27th June, 1810, 
 aggravated by Lieutenant Walter Lewis, violently resisting a pai-ty sent 
 by the order of his Colonel, to bring Lieutenant Walter Lewis, to the 
 head quai-ters of the regiment, at Deptford^ on, or about, the 13th of 
 
J. Hewitt and J. M'Curthy. 359 
 
 tbis instant (July, 1810.) AH such conduct being highly irregular and . 
 unofficerlike, and to the prejudice of good order and military discipline.' 
 
 The Court Martial found the prisoner Guilty of all the charges 
 preferred against him, and sentenced him to be dismissed from 
 His Majesty's service, and declared unworthy to serve His Ma- 
 jesty in any military capacity whatever. 
 
 The Court remarked that, with reference to the fifth charge, 
 they conceive it would have been more regular that the Adjutant 
 should have been sent to convey Lieutenant Lewis to head- 
 quarters, rather than to have left the execution of those orders to 
 the Serjeant Major. j 
 
 His Majesty has been pleased to approve and confirm the find- 
 ing and Sentence of the Court, and the Commander in Chief 
 directs, that the charges preferred against Lieutenant Lewis, 
 together with the Sentence of the Court, and His Majesty's con- 
 firmation thereof, shall be read at the head of every regiment, 
 and entered in the regimental orderly books. 
 
 By the Commander in Chief's command. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN & ADJUTANT JOHN HEWITT, and 
 QUARTER MASTER J. MCCARTHY.- 1810. 
 
 G. O. Horse Guards, 28 Sept. 1810. 
 
 At a General Court Martial, held at Bristol, on the 6th July, 
 1810, and on subsequent days, Captain and Adjutant John Hewitt, 
 and Quarter Master Justin M'Carthy, both of the Archenfield 
 Regiment of Local Militia, were arraigned upon the undermen- 
 tioned charge, viz. 
 
 ' For conduct unbecoming the character of Officers and Gentlemen, 
 in being concerned in a negociation j the former for the purchase, and 
 the latter for the sale, of the Adjutancy of the Archenfield Regiment of 
 Local Militia, some time in the months of January, February, or March, 
 1809." 
 
 The Court was of opinion that Captain and Adjutant John 
 Hfwitt, and Quarter Master Justin M'Carthy were Guilty; the 
 former of purchasing, and the latter of selling, the Adjutancy of 
 the Archenfield Regiment of Local Militia, which conduct, 
 being higlily detrimental to the service, the Court adjudged, that 
 
360 N. "Heyliger. 
 
 the said Captain and Adjutant John Hewitt, and Quarter "Master 
 Justin M'Carthy, should be dismissed from the Aichenfield Regi- 
 ment of Local Militia. 
 
 The Court was, however, of opinion, that there was too much 
 reason to believe that such practices were frequent in the militia, 
 and that as no OflBcers had, to their knowledge, been brought to 
 a General Court Martial, under a similar charge. Captain and 
 Adjutant John Hewitt, and Quarter Master M'Carthy, might 
 have acted under an impression, that they were not oflFending 
 against any law or regulation applicable to the militia service. 
 The Court, also taking into consideration the favourable testi- 
 monies given of the prisoners. Captain and Adjutant John Hewitt, 
 and Quarter Master Justin M'Carthy, previous to this trans- 
 action, earnestly recommend them to His Majesty's clemency. 
 
 His Majesty has been pleased to approve and confirm the find- 
 ing and sentence of the Court, and to express his regret that Sir 
 Hungerford Hoskyns should have so lulled himself into a convic- 
 tion of the fairness of this transaction, when all the circumstances 
 attending it, seem to have been sufficient to excite suspicion, and 
 demand enquiry. 
 
 The Commander in Chief directs, that the charge preferred 
 against Captain and Adjutant John Hewitt, and Quarter Master 
 Justin M'Carthy, together with the decision of the Court Martial, 
 and His Majesty's pleasure thereon, shall "be read at the head of 
 every corps, and entered in the regimental orderly booksi 
 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT N. HEYLIGER.— 1810. 
 
 G. O. Sorse Guards, 11 Oct. 1810. 
 
 At a General Court Martial, held at Trinidad, on the 29th of 
 January, 1810, and subsequent days. Lieutenant N. Heyliger, 
 of the 1st West India Regiment, was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. * Being drunk, at the evening parade of the regiment, on the 16th 
 December last. 
 
 2d. ' Conduct unbcoming an Officer and a Gentleman, in denying 
 
S. J. Iledley. 36\. 
 
 his signature to a promissory note, dated St. Bartholomew, 1 1th Novem'j 
 her, 1803, and payable to the order of Mr. David Nesbitt.' 
 
 The Court Martial found the prisoner Guilty, of both charges 
 preferred against him, and sentenced him to be dismissed His 
 Majesty's service, and rendered incapable of ever serving His 
 Majesty in any military capacity whatever. 
 
 His Majesty was pleased to approve and confirm so much of 
 the finding and sentence of the Court, as adjudges the prisoner 
 to be dismissed His Majesty's service. 
 
 The Commander in Chief directs, that the charges preferred 
 
 against Lieutenant Heyliger, together with the Sentence of the 
 
 Court, and His Majesty's pleasure thereon, shall be read at the 
 
 head of every corps, and entered in the regimental orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 MAJOR SHAFTO JOHN HEDLEY.— 1810. 
 
 GF. O. Horse Guards, 12 Oct. 1810. 
 
 At a General Court Martial, held at Norman Cross, on the 
 10th September, 1810, and subsequent days, Major Shafto 
 John Hedley, of the Northumberland Regiment of Militia, was 
 arraigned upon the undermentioned charge, viz. 
 
 ' For conduct highly unbecoming the character of ah Officer and a 
 Gentleman, in holding conversation vifith Serjeant Joseph Scott, of the 
 Northumberland Regiment, while going his rounds, as Field Officer of 
 the day, on Saturday night, the 28th of July, 1810, at Norman Cross 
 barracks, in the county of Huntingdon, in which conversation he abused 
 Captain Thain, of the Northumberland Militia, and Mr. Cockbum, 
 Quarter Master of the 84th Foot, in the grossest terms, calling the 
 former, ' the damnedest rascal in the world,' and that ' he would hang 
 the latter,' and other conversation tending to lower Captain Thain in 
 the estimation of the regiment, and to create disrespect and dissatisfac- 
 tion in the minds of the non-commissioned Officers and men, towards 
 their Officers, and consequently subversive of good order and miUtary 
 . discipline ; and also for repeating the abuse of Captain Thain, before 
 Captains Ogle, Wai'de, and Lewis, of the Northumberland Regiment, 
 at Norman Cross barracks, on Friday the third day of August, 1810.' 
 
 The Court found the prisoner Guilty of the charge preferred 
 against him, and adjudged him to be cashiered. 
 
 His Majesty has been pleased to approve and confirm the find- 
 ing and sentence of the Court, and the Commander in Chief 
 
362 H. M. Gouidiag. 
 
 directs, diet tbe charge preferred against Major jHedley, together 
 with the Sentence of the Court, and His Majesty's confirmation 
 thereof, shall be read at the head of every regiment, and entered 
 in the regimental orderly book. 
 
 By command of the Right Hon. the Conmiander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 HOSPITAL-MATE H. M. GOULDING.— 1810. 
 
 G. O. Horse Guards, 23 Oct. 1810. 
 
 At a General Court Martial, held at Lisbon, on the 28th of 
 August, 1810, and subsequent days. Hospital-mate Henry Miles 
 Goulding, was arraigned upon the undermentioned charges, viz. 
 
 1st. 'For scandalous and infamous coBduct, unbecoming the character 
 d[ an Officer and aGentlemaOj in embezzling various stores, the property 
 of Government, intended for the patients in general hospital, and con- 
 verting them to his own private use. 
 
 2d. ' For disobedience of orders, in employing Private Thomas Field- 
 ing, of the 97th Regiment, as his private servant, when attached as an 
 orderly to the general hospital.' 
 
 Upon these charges the Court came to the following decision : 
 
 The Court, having maturely considered the evidence against 
 the prisoner, together with what has been produced in his de- 
 fence, is of opinion, that he, the said Hospital-mate Henry Miles 
 Goulding, is Guilty of the whole of the first charge, and partly of 
 the second charge, uamely, ' although not employing an orderly, 
 yet guilty of keeping a soldier who was at the time a patient in 
 hospital, as his servant.' The Court, therefore, finding that a 
 misapplication, and embezzlement of hospital stores, the property 
 of Government, has been uninterruptedly carried on by Hospital- 
 mate Henry Miles Goulding, and converted to his own private 
 use, from the 25th of April to the 14th July, with the exception 
 only of a few articles for seven days ; and that he haa been guilty 
 of disobedience of orders, in keeping a soldier, a patient in hos- 
 pital, as his servant, which being a breach of the Articles of War, 
 do therefore sentence him, the said Henry Miles Goulding, to be 
 dismissed His Majesty's service, and further to forfeit the sum of 
 one himdred pounds sterling, the same to be levied and disposed 
 of as directed by the ninety -first clause of the Mutjuy Act. 
 
W. Morrison and J. Martin. 363 
 
 His Majesty has been pleased to approve and confirm so much 
 of the finding and Sentence of the Court, as a(^udges the prisoner 
 to be dismissed His Majesty's service. 
 
 The Commander jn Chief directs, that the charges preferred 
 against Hospital-mate Goulding, together with the Sentence of 
 the Court, and His Majesty's pleasure thereon, should be read at 
 the head of every regiment, and entered in the regimental orderly 
 book. 
 
 By Command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT WILLIAM MORRISON.— 1810. 
 
 G. O. Horse Guards, 24 Oct. 1810. 
 
 At a General Court Martial, held at Stilton, on the 18th of 
 September, 1810, and subsequent days, Lieutenant William 
 Morrison, of the Northumberland Regiment of Militia, was 
 arraigned upon the undermentioned charge, viz. 
 
 ' For unofficerlike conductj in writing disrespectful and insulting let- 
 ters, on the 25th June, 4th and 10th July, 1810, to Captain Dale, of the 
 Northumberland Regiment of Militia, his superior Officer, to the preju- 
 dice of the service, and subversive of good oixier and military disciplinci' 
 
 The Court found the prisoner Guilty of the charge preferred 
 against him, and sentenced him to be dismissed the Northumber- 
 land Regiment of Militia. 
 
 His Majesty has been pleased to approve and confirm the 
 finding and Sentence of the Court, and the Commander in Chief 
 directs, that the charge preferred against Lieutenant Morrison, 
 together with the Sentence of the Court, and His Majesty's con- 
 firmation thereof, shall be read at the head of every regiment, 
 and entered in the regimental orderly book. 
 
 By connnand of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ASSIST. GARRISON SURG. J. MARTIN.— 1810. 
 
 G. O. Horse Guards, 25 Oct. 1810. 
 
 At a General Court Martial, held at Gibraltar, on the 10th 
 
364 - J. Martim 
 
 September, IS 10, and on subsequent days, Assistant Garrison 
 Surgeon James Martin, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. 'For employing, on the 3d and 4th instant, two of the Barrack 
 Artificers, whilst under his care as patients in the regimental hospital, in 
 working for him, at their trades, at his own quarters. 
 
 2d. ' For falsely asserting, to Lieutenant Colonel Robinson, that the 
 two Artificers had been directed by him, to attend at his quarters, solely 
 for the purpose of receiving surgical or medical application for their com- 
 plaintSj on the 3d and 4th instant. 
 
 3d. 'For disrespect to Lieutenant Colonel Robinson, his superior Offi- 
 cer, in attempting violently to obstruct him in his search for the two Ar- 
 tificers, improperly secreted and employed, in his (Assistant Garrison 
 Surgeon Martin's) quarters, on the 4th instant. 
 
 4th. 'For violently assaulting and striking, with a stick. Captain 
 Douglass, of the Company of Barrack Artificers, his superior Officer, 
 when in the execution of his duty, on the 4th instant. 
 
 5th. ' For breaking his arrest, and appearing in different parts of the 
 Garrison, in coloured clothes, and in the public streets, in that dress, 
 using contemptuous and insulting language to Captain Douglass, his su- 
 perior Officer, on the 4th instant.' 
 
 Upon which charges the Court came to the following de- 
 cision : — 
 
 The Court, having considered the evidence given in support of 
 the charges against the prisoner. Assistant Garrison Surgeon 
 James Martin, together with the prisoner's defence, and the evi- 
 dence called in support of it, is of opinion, that he is Guilty of 
 the whole of the charges ; but, with respect to the 3d, that is to 
 say, 'for disrespect to Lieutenant Colonel Robinson, his superior 
 Officer, in attempting violently to obstruct him in his search for 
 the two Artificers, improperly secreted, and employed in his (As- 
 sistant Garrison Surgeon Martin's) quarters, on the 4th instant,' 
 the Court is of opinion, that the offence of the prisoner is much 
 extenuated by the provocation he has received ; the Court do 
 therefore sentence him, Assistant Garrison Surgeon James Mar- 
 tin, to be cashiered, and declared unfit and unworthy to serve His 
 Majesty, in any military capacity. 
 
 His Majesty has been pleased to approve and confirm the find- 
 ing and Sentence of the Court; the Commander in Chief directs, 
 that the foregoing charges, together with the Sentence of the 
 Court, and His Majesty's confirmation thereof, shall be read at 
 
C. Connor. 36.5 
 
 the head of every corps, and ^tered in the regimental orderly 
 books. 
 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 QUARTER MASTER CONNOR.— 1811. 
 
 G. O. Adjutant General's Office, Cartaxo, 30 Jan. 1811. 
 
 At a General Court Martial, held by virtue of a warrant, and 
 in pursuance of an order from his Excellency Lord Viscount 
 Wellington, K. B. whereof Colonel Minet, 30th Regiment, was 
 President, and Captain Goodman, Deputy Judge Advocate, held 
 at Lisbon, on the 24th January, 1811, was arraigned, Quarter 
 Master Connor, of the 14th Light Dragoons, on the following 
 charges, viz. 
 
 1st. 'For fi-audulently obtaining from Mr. James Braun, store-keeper, 
 a quantity of barley, or com, under false pretence of renewing a check 
 that he had mislaid, and receiving, from His Majesty's stores, the issue 
 upon the same period, upon both checks, on, or about, the 20th day of 
 October last. 
 
 2d. ' For embezzUng a quantity of barley, or com, and disposing of 
 the same to Jose Brayin, an inhabitant of Portugal, on, or about, the 
 20tb day of October last.' 
 
 To which charges the prisoner pleaded Not Guilty. 
 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence, adduced on the prosecution, against the pri- 
 soner, Quarter Master Charles Connor, of the 14th Light Dra- 
 goons, together with what he has brought forward in his defence 
 and the evidence thereon, are of opinion, that he is Guilty of the 
 1st charge preferred against him, viz. 
 
 'For fraudulently obtaining from Mr. James Braun, store- 
 keeper, a quantity of barley, or corn, under the false pretence of 
 renewing the check that he had mislaid, and receiving, from His 
 Majesty's stores, the issue for the same period upon both checks, 
 on, or about, the 20th day of October last.' 
 
 The Court are further of opinion, that the prisoner. Quarter 
 Master Charles Connor, of the 14th Light Dragoons, is Guilty 
 of tlie 1st part of the 2d charge preferred against him, viz. ' for 
 embezzling a quantity of barley, or corn, the property of Govern- 
 
366 Waugh, Fanning^ Elwood, 
 
 ment,' but acquit him of the latter part of the said charge, ' and 
 selling, or disposing of the same, to Jose Brayin, an inhabitant of 
 Portugal, on, or about, the 20th day of October last.' 
 
 The act, or acts, specified in the 1st charge, and the 1st part of 
 the 2d charge, being in breach of the Articles of War, the Court 
 do, by virtue thereof, sentence him, the prisoner, Quarter Master 
 Charles Connor, of the 1 4th Light Dragoons, to be dismissed His 
 M^esty's service, and rendered incapable and unworthy of here- 
 after serving His Majesty, in any situation whatever. 
 
 The Court cannot conclude its proceedings, without noticing 
 the gross prevarication, in the evidence of Store-keepers Gram- 
 mont and Ulrich, as also, the very great hesitation and strong re- 
 luctance, evinced by those witnesses, in giving their testimony 
 before the Court. 
 
 Which judgment has been confirmed by His Excellency the 
 Commander of the Forces. 
 
 CAPTAIN WAUGH, LIEUTENANTS FANNING, 
 ELWOOD, ARMSTRONG and MANSEL, and 
 ENSIGN HANDLEY.— 1811. 
 
 G- O- Horse Guards, 19 Feb. \8U. 
 
 MY LORD, 
 
 Having had the honour to lay before His Royal High- 
 ness the Prince Regent, the proceedings of a General Court 
 Martial, held at Chamusca, in Portugal, on the 1 5th December, 
 1810, and continued by adjournment to the 20th of the same 
 month, for the trial of Captain Waugh, Lieutenants Fanning, 
 Elwood, Armstrong and Mansel, and Ensign Handley, of the 2d 
 Battalion, 48th Regiment, upon the undermentioned charges, viz. 
 
 1st. ' For unofficerlike and uugentlemanlike conduct, on the night of 
 the 4th December, 1810, in making a great noise in the quarters of 
 Lieutenants Fanning and Mansel, of the above regiment, and continuing 
 to do so, after receiving my (the Commanding Officer's) orders to the 
 contrary, thi'ough the Adjutant. 
 
 2d. ' For scandalous and infamous behaviour, such as it unbecoming 
 the character of Officers and Gentlemen, in being concerned in an act of 
 violence, on the abovementioned night, on the dead body of a Portu- 
 guese priest, in the same house, by cutting the face of the corpse, strip- 
 ping it, and offering other indignities t6 it; also breaking the candles ia 
 the place where the corpse vras,' 
 
Armstrong, Maniel, and Hundley. 367 
 
 Upon whitb thfe Court came to th^ fotlowidg decision : 
 The Court, having considered the evidence for and against the 
 prisoners, are of opinion, that they are Guilty of so much of the 
 £rst charge, as relates to ' making a great noise in the quarters of 
 Lieutenants Fanning and Mansel, and continuing so to do, after 
 receiving their Commanding Officer's orders to the contrary, 
 through the Adjutant, on the night of the 4th December, 1810;.' 
 but do acquit them of the first part of the said charge, viz : * un- 
 officer and ungentlemanlike conduct ;' as it appears from the evi- 
 dence before the Court, that a certain degree of obedience was 
 paid to the said orders of their Commanding Officer, and do, 
 therefore, sentence Captain Waugh, Lieutenants Elwood and 
 Armstrong, of the 2d Battalion, 48th Regiment, to be reprimanded 
 in such a manner as his Excellency the Commander of the Forces 
 may think proper. 
 
 In respect to the Second charge, the Court are of opinion, that 
 Captain Waugh, and Lieutenant Armstrong, are Not Guilty, and 
 do therefore fully acquit them. 
 
 In regard to Lieutenant Elwood, the Court are further of 
 opinion, that there is not sufficient evidence to substantiate the 
 charge against him, and do, therefore, acquit him of the same. 
 
 The Court do also find the prisoner. Lieutenant Fanning^ of 
 the 2d Battalion, 48th Regiment, Guilty of the whole of the 2d 
 charge, and do, therefore, sentence him to be dismissed His Ma- 
 jesty's service, with infamy, and rendered incapable of serving 
 His Majesty, in any capacity whatever. 
 
 The Court also do find the prisoners. Lieutenant Mansel and 
 Ensign Handley, of the 2d Battalion, 48th Regiment, Guilty of 
 the whole of the second charge preferred against them, and do; 
 therefore, sentence each of them to be cashiered. 
 
 I am to acquaint your Lordship, tliat His Royal Highness the 
 Prince Regent, in the name and on the behalf of His Majesty, 
 was pleased to approve and confirm the finding and Sentence of 
 the Court, with the exception of so much of the sentence upon 
 Lieutenant Fanning, as adjudges that Officer to be rendered in- 
 capable of serving His Majesty in any capacity whatever. 
 
 His Royal Highness was at the same time pleased to command, 
 that, in carrying into effect the reprimand adjudged by the Court 
 
S6S L. Huddlesione. 
 
 against Captain Waugh, Lieutenants Elwobd and Armstrong, 
 your Lordship should admonish aud warn Lieutenant Elwood to 
 be more particular in his future conduct, as he appears to owe 
 his present escape from the fate which has befallen Lieutenants 
 Fanning and Mansel, and Ensign Handley, more to a want of 
 proof, than from any conviction of his not having, in a great 
 measure, participated in the crime which has rendered them unfit 
 siibjects to remain in the British service. 
 
 Your Lordship will, therefore, acquaint me with the day upon 
 which the sentence is made known to Lieutenants Fanning and 
 Mansel, and Ensign Handley, as from that day they will cease to 
 receive pay in His Majesty's service. 
 
 (Signed) DAVID DUNDAS. 
 
 Lieutenant General the Bight Hon. Viscount Wellington, ^c.SiC. ^c. 
 
 N. B. Captain Waugh and Lieutenant Elwood are both upon 
 Half-pay ; Lieutenant Armstrong is now in the 53th Regiments 
 — Editor. 
 
 LIEUTENANT L. HUDDLESTONE.- ISII. 
 
 G. O. Horse Guards, 14 March, 1811. 
 
 At a General Court Martial, held at Kilkenny, on the 27th 
 December, 1810, Lieutenant Lawson Huddlestone, of the 2nd 
 Battalion of the 40th Regiment, was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. ' For unofficerlike, and highly improper conduct, on, or about, 
 the evening of the 3d December, 1810, while under sentence of a 
 General Court Martial, in encouraging soldiers of the Tegiment to fight, 
 and afterward, associating, drinking, and fighting with privates of SEud 
 regiment, in a petty pot-house, outside of the barracks, at Geneva, 
 about women of bad character ; using most violent language, by desiring 
 Ensign Stewart to run one of the soldiers through with a bayonet, which 
 Ensign Stewart had previously drawn from the scabbard of one of the 
 soldiers during the affray, being highly injurious to His Majesty's service, 
 and prejudicid to all good order and military discipline. 
 
 2d^ ' For unofficerlike and highly unproper conduct, on, or about, 
 the night of the 4th December, 1810, while under sentence of a General 
 Court Martial, in having induced a sentinel to quit his post, and drink 
 with him in a pubUc house outside the ban-acks at Geneva, being highly 
 prejudicial to good order and military discipline. 
 
 3d. 'For unofficerlike, and highly improper conduct, on, or about. 
 
i. Iluddlestofie. 369 
 
 the night . of . the 4th, and morning of the 5thj December, 1810, 
 while under sentence of a General Court IVJartial, in having induced a 
 private soldier, bf the regiment, to quit his guard for the purpose of 
 going to his room, at Geneva barracks, to dance and drink with him, 
 being highly prejudicial to good order and militaiy discipline. 
 
 4th. ' For highly improper conduct, unbecoming the character of an 
 Officer and a Gentleman, in associating and drinking with private soldiers 
 of the regiment in his room at Geneva barracks, on, or about, the night 
 of the 4th, or morning of the 5 th of December, 1810, while under 
 sentence of a General Court Martial, being highly prejudicial to good 
 order and mihtary discipline; injurious to the honour of the corps, and 
 highly disgraceful in itself. 
 
 5 th. ' For a breach of military discipline, on the evening of the 10th 
 of December, 1810, in quiitting the barracks at Geneva, when under 
 close arrest, thereby breaking the same. 
 
 6th. ' For unofficerlike and highly improper conduct, in quitting the 
 barracks at Geneva three dift'erent times during the night of the. 15 th of 
 December, 1810, while under close arrest, thereby breaking the same, 
 forcing the sentinel at the barrack gate, by bringing in a woman of bad 
 character, contrary to orders, drawing a sword, and violently threatening 
 to run any man through the body, that should oppose him, being highly 
 prejudicial to all good order and militaiy discipline. 
 
 7th. ' For unofficerlike and highly improper conduct, on, or about, 
 the night of the 21st December, 1810, while in close arrest, in most 
 violently contending with, and forcing the sentinels that were planted at 
 his quarters : in afterwards most contemptuously refusing to comply 
 with orders personally given him by the commanding Officer, using 
 highly disrespectful and abusive language to him; being subversive of 
 all good order and militaiy discipline.' 
 
 The Court, having taken into consideration the evidence in 
 support of the prosecution, as well as what had been adduced 
 by the prisoner in his defence, was of opinion, that he was guilty 
 of the whole of the charges brought against him, which, being 
 in breach of the 27th article of the l6th section, and the 2iid 
 article of the 24th section oiF the Articles of War, did, therefore, 
 sentence the prisoner, Lieutenant Lawson Huddlestone, of the 
 2nd Battalion, 40tli Regiment, to be cashiered, and rendered unfit 
 to serve his Majesty in any military capacity whatever. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court : and the Commander 
 in Chief directs, that the charges preferred against Lieutenant 
 Lawson Huddlestone, of the 2nd Battalion of the 40th Regiment, 
 together with the Sentence of the Court, and His Royal Highness 
 
 B B 
 
370 A. Nordietf. 
 
 the Prince Regent's confirmation thereof, shall be read at the 
 head of^very corps, and entered in the regimental orderly books. 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 MAJOR AUGUSTUS NORTHEY.— 1811. 
 
 G. O. Horse Guards, 25 Jpril, 1811. 
 
 At a General Court Martial, held at the Royal Hospital, at 
 Chelsea, on the 1st April, 1811, and continued by adjournments 
 to the 6th of the same month. Major Augustus Northey, one of 
 His Majesty's Assistants Quarter-Master General, was arraigned 
 upon the undermentioned charges, viz. 
 
 1st. ' That Major Northey did, on the 26th day of August, 1810, send 
 a challenge to Captain Algernon Langton, of His Majesty's 61st, or 
 South Gloucestershire Regiment of Foot, in consequence of the evidence 
 which had been given by Captain Langton before a board of general 
 Officers, appointed to investigate Msyor Northey's character, which met 
 on the 7th August, 1810. 
 
 2d. ' That Major Northey, at Cheltenham, on the 11th of October, 
 1810, did, at two different times on that day, behave with insult and 
 outrage towards Captain Langton, and did then conduct himself in a 
 scandalous, infamous manner, such as is unbecoming the character of an 
 Officer and a Gentleman.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence adduced on the prosecution, as well as what has been 
 offered in defence, are of opinion, that the prisoner. Major 
 Augustus Northey, is Guilty of the first charge, except so much 
 as ' alleges the challenge to have been sent in consequence of the 
 evidence which had been given by Captain Langton, before a 
 board of General OflBcers, appointed to investigate Major Nor- 
 they's character, which met on the 7th of August, 1810.' 
 
 The Court also find the prisoner Guilty of the second charge, 
 except so much as alleges, that be, the prisoner, * did then conduct 
 himself in a scandalous, infamous manner, such as is unbecoming 
 the character of an Ofiicer and a Gentleman,' of which latter 
 part the Coiirt acquit the prisoner. 
 
 The Court, do, therefore, adjudge Major Augustus Northey 
 to be cashiered. The Court have felt themselves bound to pass 
 
A.Northey 371 
 
 this Sentence in conformitj to the 3nd article, 7th section of the 
 Articles of War; in the performance, however, of its painful 
 duty, the Court cannot but express an anxious solicitude in the 
 unfortunate situation of the prisoner, whose character, unsullied 
 as it has been exhibited, from unquestionable evidence, has so 
 long suffered from unmerited accusations. 
 
 The Court, therefore, humbly recommend him to His Royal 
 Highness the Prince Regent's most favourable consideration. 
 
 The Court having adjudged the prisoner. Major Northey, to 
 be cashiered in conformity to the Articles of War, which ex- 
 pressly provide such punishment for the crime charged, and 
 proved against him. His Royal Highness the Prince Regent, in 
 the name and behalf of His Majesty, was pleased to approve and 
 confirm the decision of the Court. 
 
 His Royal Highness was, at the same time, pleased to take 
 into his most gracious consideration the extreme provocation 
 under which Major Northey's feelings were irritated towards the 
 committal of an act, which, however subversive of good order 
 and discipline, cannot be looked upon in any other light than 
 as the natural impulse arising from a strong sense of the injury 
 his honour had sustained, by the aspersions which appear to have 
 been so studiously propagated (even after the deliberate decision 
 of a Board of General Officers) against a character which has 
 received the most honourable support in the concurrent testimony 
 of several respectable witnesses ; and His Royal Highness was 
 accordingly most graciously pleased to command, that Major 
 Northey should be restored to his rank and situation in the army. 
 
 The Commander in Chief directs, that the charges preferred 
 against Major Northey, together with the Sentence of the Court, 
 and His Royal Highness the Prince Regent's pleasure thereon, 
 shall be read at the head of every regiment, and entered in the 
 regimental orderly book. 
 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Major Northey is now a Brevet Lieutenant Colonel and 
 upon Half-pay. — Editor. 
 
 B B 2 
 
( 372 ) 
 
 LIEUTENANT COLONEL W. E. WYATT. 1811. 
 
 ^- O Horse Guards, 26 Jpril,18n. 
 
 At a General Court Martial, held at Guernsey, on the 1 5th 
 March, 1811, and continued by adjournments to the 21st of the 
 same month. Lieutenant Colonel William Edgell Wyatt, of the 
 23d Regiment of Foot (or Royal Welsh Fusileers), was arraigned 
 upon the undermentioned charges, viz. 
 
 1st. ' For scandalous and infamous conduct, higMy unbecoming the 
 character of an Officer and a Gentleman, in having, at Horsham Barracks, 
 in the month of May, 1809, signed a false return of Officers of the 2d 
 BattaUon, of the 23d Regiinent of Foot. 
 
 2d. ' For absenting himself without leave, between the 8th and 24th 
 of May, 1809. 
 
 3d. ' For improper language towards Paymaster Perkins, on the 27th 
 May, 1810, with a view to provoke tbe said Paymaster Perkins to a 
 breach of his duty, towards him, as Commanding Officer. 
 
 4th. ' For arbitrary conduct towards Second Lieutenant Robert Butler, 
 in the month of May, 1810, in having ordered him (the said , Second 
 Lieutenant Butler) to remain in his quai-ters until such time as he could 
 attend the regimental pai-ades, although it had been certified to the said 
 Lieutenant Colonel Wyatt, that Second Lieutenant Butler was iU of a 
 rheumatic complaint, which required moderate exercise, but that he was 
 incapable of miUtary duty.' 
 
 Upon which charges the Court came to the following decision: 
 
 The Court having maturely considered the evidence, adduced 
 
 in support of the charges, preferred by Paymaster Theophilus 
 
 Perkins, against Lieutenant Colonel William Edgell Wyatt, are 
 
 of opinion, that the whole of the said charges are malicious, 
 
 groundless, and vexatious, and do, therefore, most honourably, 
 
 and most fully acquit the said Lieutenant Colonel Wyatt, of all 
 
 and every part thereof. — ^Tlie Court feel it their duty to remark, 
 
 that both, in preferring and prosecuting the above charges, 
 
 Paymaster Perkins appears to have been actuated solely by 
 
 private pique, and by no means from zeal for the service. 
 
 His Royal Highness the Prince Regent, in the name and on 
 
 the behalf of His Majesty, has been pleased to approve and 
 
 confirm the finding and Sentence of the Court, which has so fully 
 
 and honourably acquitted Lieutenant Colonel Wyatt of the 
 
 charges preferred against him, and under all the circumstances 
 
 attending the prosecution, as they appear on the face of the pro- 
 
G. Johnston. 373 
 
 ceedings, and which are so justly commented upon by the Court, 
 His Royal Highness has beien pleased to consider Paymaster 
 Perkins an unfit person to hold a commission in His Majesty's ' 
 army, and to command, that he should be informed that his 
 future services therein will be dispensed with accordingly. 
 
 The Commander in Chief directs, that the charges preferred 
 against Lieutenant Colonel Wyatt, together with the opinion of 
 the Court, and his Royal Highness the Prince Regent's pleasure 
 thereon, shall be read at the head of every regiment, and entered 
 in the regimental orderly books. 
 
 By command of the Right Hon. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Colonel Wyatt is now a Brevet Colonel, and 
 upon Half-pay of the regiment. — Editor. 
 
 LIEUTENANT COLONEL G. JOHNSTON. 1811. 
 
 G. O. Horse Guards, 2 July, 1811. 
 
 At a General Court Martial, held at the Royal Hospital, 
 Chelsea, on the 7th May, 1811, and continued by adjournments 
 to the 5th of June following. Lieutenant Colonel George John- 
 ston, Major of the 10'2d Regiment, was arraigned upon the 
 undermentioned charge, viz. — 
 
 ' That Lieutenant Colonel George Johnston, Major, as aforesaid, 
 did, on, or about, the 2Cth day of January, 1808, at Sydney, in the 
 Colony of New South Wales, begin, excite, cause and join in a mutiny, 
 by putting himself at the head of the New South Wales Corps, theu 
 under his command, and doing duty in the colony, and seizing, and 
 causing to be seized, and arrested, and imprisoning, and causing to be 
 imprisoned, by means of the above-mentioned militaiy force, the person 
 of William Bligh, Esq. then Captain General, and Governor in Chief, 
 in and over the territory of New South Wales.' 
 
 Upon which charge the Court came to the following decision : 
 The Court, having duly and maturely weighed and considered 
 the whole of the evidence, adduced on the prosecution, as well 
 as what has been offered in defence, are of opinion, that Lieute- 
 nant Colonel Johnson is Guilty of the act of mutiny, as described 
 in the charge, and do, therefore, sentence him to be cashiered. 
 His Royal Highness the Prince Regent, in the name and oh 
 
374 J. Stevenson. 
 
 the behalf of His Majesty, was pleased, under all the circum- 
 stances of this case, to acquiesce in the Sentence of the Court. 
 
 The Court, in passing a sentence so inadequate to the 
 enormity of the crime, of which the prisoner has been found 
 guilty, have apparently been actuated by a consideration of the 
 novel and extraordinary circumstances, which, by the evidence 
 on the face of the proceedings, may have appeared to them to 
 have existed during the administration of Governor Bligh, both 
 as affecting the tranquillity of the colony, and calling for some 
 immediate decision; but, although the Prince Regent admits 
 the principle under which the Court have allowed this considera- 
 tion to act in mitigation of the punishment wliich the crime of 
 mutiny would otherwise have suggested, yet no circumstances 
 whatever can be received, by His Royal Highness, in full extenu- 
 ation of an assumption of power, so subversive of every principle 
 of good order and discipline, as that under which Lieutenant 
 Colonel Johnston has been convicted. 
 
 The Commander in Chief directs, that the charge preferred 
 against Lieutenant Colonel Johnston, together with the Sentence 
 of the Court, and His Royal Highness the Prince Regent's 
 pleasure thereon, shall be read at the head of every regiment, 
 and entered in the regimental orderly book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN JOHN STEVENSON.— 1811. 
 
 G. O. Horse Guards, 8 July, 181 h 
 
 At a General Court Martial, held at Quebec, on the 14th 
 of January, 1811, and continued by adjournments to the l6th of 
 the same month, Ensign John Stevenson, of the Canadian Regi- 
 ment of Fencible infantry, was arraigned upon the undermen- 
 tioned charge, viz. 
 
 ' For being drunk, on duty, on the 27th of December last, when Sub- 
 altern of the Cape Diamond piquet, and for the regimental duty of the 
 day, such conduct being disgrsiceful, and unbecoming the character of 
 an Officer, highly subversive of military discipline,, and contrary to the 
 Articles of War.' 
 
 Upon which charge the Court came to the following decision : 
 
R. Irvine. 375 
 
 The Court having duly considered the evidence, on the part 
 of the prosecution, together with what the prisoner adduced in 
 his defence, was of opinion, that he was Guilty of the crime laid 
 to his charge, which being in breach of the Articles of War, the 
 Court adjudged him, the said Ensign John Stevenson, to be 
 cashiered. 
 
 His Royal Highness the Prince Regent, in the name and 
 on the behalf of His Majesty, has been pleased to approve and 
 confirm the finding and sentence of the Court. 
 
 The Commander in Chief directs, that the charge preferred 
 against Ensign Stevenson, together with the Sentence of the 
 Court, shall be read at the head of every corps, and entered in the 
 regimental orderly books. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT ROBERT IRVINE.— 1811. 
 
 G. O. Horse Guards, 9 My, 1811. 
 
 At a General Court Martial, held at Kingston Barracks, 
 Jamaica, on the 26th February, 1811, and continued by ad- 
 journments to the 23d of March following, Lieutenant Robert 
 Irvine, of the 55th Regiment of Foot, was arraigned upon the 
 undermentioned charges, viz. 
 
 Lst. ' For neglect of duty and disobedience of orders, when command- 
 ing the Governor's guard, at Spanish Town, on the 5th of February, 
 1811, in being absent from, and thereby not inspecting, his guard at 
 eight o'clock, agreeably to the standing orders of the guard. 
 
 ,2d., 'For disobedience of regimental orders, and the standing orders 
 of the guard, in absenting himself from the aforesaid guard for several 
 hours, between the hours of eight o'clock at night, and two o'clock in- 
 the morning, during which lapse of time, he repaired to a public bil- 
 liard table, kept at a house called the Union Tavern, without the limits 
 of his sentries, where he played the game ot billiards in compajiy, 
 amongst others, with a marine soldier, servant to Admiral Rowley; 
 
 3d; ' For being drunk, when Officer of the Governor's guardj on the 
 night of the 5th February, 1811. 
 
 4th. ' For breaking his arrest, on the 9th, 10th, and 11th February, 
 1811.' 
 
 ADDITIONAL CHARGE. 
 
 ' For breaking his arrest, on the evening of the 6th of March, 181 1, 
 (whilst under trial, by a General Gourt Mai'tial) after having pledged 
 
376 H. Irvine. 
 
 his word of honour, that if a sentinel was not posted over him, he woilld 
 not abuse the indulgence.' 
 
 Upoa which charges the Court came to the following decision : 
 
 The Court, having maturely and most deliberately weighed 
 and considered the whole of the evidence, on the part of the 
 prosecution, together with what the prisoner has alleged in his 
 defence, and the evidence adduced in support thereof, are of 
 opinion, that the prisoner. Lieutenant Robert Irvine, is Guilty 
 of the 1st charge, but it appears to the Court, that it arose from 
 inadvertence. 
 
 With regard to the 2d charge, the Court are of opinion, that 
 Lieutenant Irvine is Guilty, except to that part thereof, which 
 relates to ' his being in company with a marine soldier, servant to 
 Admiral Rowley,' as it does not appear that the prisoner either 
 played at billiards, or in any shape associated with him. 
 
 With respect to the 3d charge, the Court are of opinion, that 
 it has not been satisfactorily proved, and do therefore acquit 
 Lieutenant Irvine thereof. 
 
 With regard to the 4th charge, the Court are of opinion, that 
 Lieutenant Irvine was released from close arrest, by the orders 
 of Major Frederick ; and as it has not been proved to the satis- 
 faction of the Court, that the prisoner well understood the limits, 
 verbally pointed out to him, by the Adjutant of the regiment, 
 they acquit Lieutenant Irvine of this charge. 
 
 In regard to the additional charge, the Court are of opmion, 
 that' Lieutenant Irvine is Guilty. 
 
 The Court, do, therefore, adjudge the said Lieutenant Robert 
 Irvine to be cashiered. 
 
 His Royal Highness the Prince Regent having been pleased, 
 in the name and on the behalf of His Majesty, to approve of the 
 decision of the Court Martial, the Commander in Chief directs, 
 that the charges preferred against Lieutenant Robert Irvine, to- 
 gether with the decision of the Court Martial, shall be read at the 
 head of every regimeijt, and entered in the regimental orderly 
 books. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 377 ) 
 CAPTAIN GEORGE WEST BARNES.— 1811. 
 
 G. O. Horse Guards, 10 July, 1811. 
 
 At a General Court Martial, held at Gibraltar, on the 1st April, 
 1811, and subsequent days, Captain George West Barnes, of the 
 2d Battalion, 89th Regiment, was arraigned upon the under- 
 mentioned charge, viz. — 
 
 ' With misbehaving himself before the enemy, in the expedition under 
 the command of Maj. Gen. Lord Blayney, in the month of Oct. 1810.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having considered the evidence given in support 
 of the charge, against the prisoner, Captain George West Barnes, 
 of the 89th Regiment of Foot, together with his defence, was of 
 opinion, that the prisoner was so far Guilty of misbehaving be- 
 fore the enemy, inasmuch as he was not with his company at the 
 moment of the general retreat : but in consequence of the good 
 conduct of the prisoner, previous to the retreat, the Court did 
 not find him Guilty of personal cowardice. The Court, there- 
 fore, sentenced him to be cashiered, but at the same time, hum- 
 bly presumed to recommed him, as an object of clemency, to 
 His Royal Highness the Prince Regent. 
 
 His Royal Highness the Prince Rfegent has been pleased, in 
 the name and on the behalf of His Majesty, to approve of the 
 finding and sentence of the Court, but although Captain Barnes 
 has not been found Guilty of cowardice, yet in consideration of 
 the nature of the crime, of which he has been convicted. His 
 Royal Highness has not considered it expedient to give effect to 
 the recommendation of the Court, in the prisoner's behalf, fur- 
 ther than to mitigate the term of cashiering into that of dismissal 
 from His Majesty's service. 
 
 The Commander in Chief directs, that the charge preferred 
 against Captain Barnes, together with the finding and Sentence 
 of the Court, and the Prince Regent's pleasure thereon, shall be 
 read at the head of every regiment, and entered in the regimental 
 order books. By order of H. R. H. the Commander in Chief, 
 
 HARRY CALVERT, Adj. Gen. 
 
 N B. Captain Barnes was shortly afterwards restored to his 
 rank in the 89th Regiment, and is now a Brevet Major, and 
 upon Half-pay. — Editor. 
 
< 378 ) 
 PAYMASTER HARRIS POWER.— 1811. 
 
 G.O. HorseGvards,\\July,\Sn. 
 
 At a General Court Martial, held at Ipswich, on the 15tL May, 1811, 
 and continued by adjournments to the 20th ot the same month. Hams 
 Power, Esq., Paymaster of the 3d Regiment of the King's German Light 
 Dragoon^ was arraigned upon the undermentioned charges, viz. 
 
 ' For irregularity in the discharge of his duty, as a Paymaster of the 
 3d Regiment, King's German Light Dragoons, in not being able to 
 account for considerable sums oif money, di'awn for public and regi- 
 mental services, viz. — 
 
 _ 1st. ' For not being able to settle with the Captains of the respec- 
 tive troops, of the said regiment, for the monthly stoppages of the men, 
 from the ZSth December, 1810, to the 24th February, 1811, although 
 be has dravTO from the agents, Messrs. Greenwood, Cox, and Co., the 
 fiinds applicable to those purposes. 
 
 2d. ' For not being able to pay for the meat, supplied to the said regi- 
 ment, from the 25th January, to the 24th February, 1811, although 
 he has likewise drawn from the agents, Messrs. Greenwood, Cox, and 
 Co., the funds applicable to that purpose. 
 
 3d. ' For not being able to account for a proportion of the money, 
 drawn for the regimental services, for the periods from the 25th Feb. 
 1811, to the 24th March, 1811, viz. amount of sums, on account of pay 
 of Officers, ^53 : 5^. Id., and amount of other sums, through Cricket 
 and Co. bankers, Ipswich, £243 : 15*. Aid., together £297 : 0«. 6^d. 
 
 4lli. *■ For not having remitted to Mi-. Hamilton, a considerable sutuof 
 money, on account of Income Tax, arising from the pay of Officers of the 
 aforesaid regiment, although hS has deducted it out of the pay of the Offi- 
 cei-s, during the period from the 25th Aug. 1809, to the 24th June, 1810." 
 Upon which charges the Coiu"t came to the follovidng decision : 
 The Court having heard all the proceedings, and having taken the same 
 into its serious consideration, finds 
 
 That the amount of the estimates of the 3d Regi- £. s. d. 
 ment of Light Dragoons, King's German Legion, for 
 the period from the 25 th December, 1810, to the 24th 
 February, 1811, forwarded by the prisoner, to the 
 War Office, was 4670 2 7% 
 
 That the bills drawn by the prisoner, on the agents, 
 Messrs. Greenwood, Cox, and Co. on the authority of 
 these estimates, was 4508 19 4 
 
 Due to C. Hamilton, Esq. on account of Income 
 Tax, which the prisoner should have paid, £ 60 : 1 6*. Sd., 
 and £57 : 5«. Orf., together 118 1 3 
 
 Captain Kersenbruch's pay, to the 24th February, 
 
 1811, received by himself 20 6 10 
 
 4647 7 5 
 
 Balance in favour of the prisoner, on the estimates. £22 15 2g 
 
H. Pow^r. 379 
 
 Also that the following items which had been estimated, and 
 drawn for, by the prisoner, during the period beforementioned 
 were not paid by him, viz. 
 
 Balances due to the non-commissioned Officers and £. s. d. 
 privates of the said regiment, for two months from the 
 25th December, 1810, to the 24th February, 1811 . 758 17 ^ 
 
 Sums due to Chenery and Son, for meat supplied 
 to the non-commissioned Officers and privates, for the 
 
 same period 287 2 
 
 Sums on account of pay of Officers during the 
 
 same period 53 5 2 
 
 Further : 
 
 That bills were drawn by the prisoner, on account 
 of the month, to the 24th March, 1811, and unap- 
 plied to the purposes for which the same were dravm . 243 15 A\ 
 
 And that it further appears to the Court, that the 
 amount of sums deducted from the pay of Officers, of 
 the same regiment, by the prisoner, from the 25th 
 August, 1809, to the 24th of June, 1810, on account 
 of Income Tax, and not remitted by him to the pro- 
 per Officer, appointed to receive the same, at the War 
 Office, was . . . ., 606 16 IJ 
 
 Which sums added together, make the sum of . 1949 16 5 J 
 From which sums must be deducted the balance 
 on the estimates, in favour of the prisoner 22 15 2i 
 
 Leaving the prisoner indebted to the public in the 
 sum of £1927 I 31 
 
 The Court is of opinion, that the prisoner is Guilty of the 
 whole of the crimes stated in the charges, and doth adjudge that 
 he, the prisoner, shall be dismissed His Majesty's service and 
 that he shall make good the above sum of <£ 1927 : is. 3|. 
 
 His Royal Highness the Prince Regent was pleased, in the 
 name and on the behalf of His Majesty, to approve of so much 
 of the finding and Sentence of the Court, as adjudges the pri- 
 soner to be dismissed His Majesty's service. 
 
 The Commander in Chief directs, that the charges preferred 
 against Paymaster Power, together with the finding and Sentence 
 of the Court, and the Prince Regent's pleasure thereon, shall be 
 read at the head of every regiment, and entered in the regimental 
 order books. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 3S0 ) 
 
 CAPTAIN CHARLES KENTZINGER.— 181 1. 
 
 ^- ^- Horse Guards, 12 July, 181 1 . 
 
 At a General Court Martial, held at the Royal Hospital, Chel- 
 sea, on the 22d of June, 181 1, and continued by adjournments to 
 the 25th of the same month. Captain Charles Kentzinger, of His 
 Majesty's 60th (or Royal American) Regiment of Foot, was ar- 
 raigned upon the undermentioned charges, viz. 
 
 1st. ' That the said Captain Charles Kentzin'ger, as aforesMd, having 
 the local rank of Major, in the Highland of Heligoland, and being 
 within the times hereinafter stated, a person employed in the care and 
 distribution of money, for the use of His Majesty's forces, and being sta- 
 tioned in the said Island, for the purpose of procuring, and assisting in 
 procurmg recruits, for His Majesty's service, for which said purpose ad- 
 vances of money were from time to time made to him, or to his use, by 
 His Majesty's Government ; that is to say, the sum of £100, on, or 
 about, the 26th June ; the sum of £143, on, or about, the 24th July ; 
 the sums of £50, £40, and £100, on, or about, the 27th July ; the sum 
 of £100, on, or about, the 18th August ; the sum of £200, on, or about, 
 the 8th September; the sum of £200, on, or about, the 16th Septem- 
 ber; the sum of £48 : 15*., on, or about, the 9th October; the sums 
 of £200, and £200, on, or about, the 12th October; the sum of £200, 
 on, or about, the Iftth October ; the sum of £100, on, or about, the 3d 
 Novetnber; the sum of £300, on, or about, the 15th November; the 
 the sum of £200, on, or about, the 17th December; and the sum of 
 £368 : 7s. 6d., on, or about, the 23d December ; all the above days being 
 in the year 1809, did between the 25 th day of June, and the 24th day 
 of December, in the year 1809, in the Island of Hehgoland, embezzle, 
 and fraiidulently misapply, and knowingly, and wilfully permit, and suf- 
 fer to be embezzled, and fraudulently misappUed, the above-mentioned 
 sums of money so entrusted to his care, and so advanced to him by His 
 Majesty's Government, for the use of His Majesty's forces, or parts 
 thereof, contrary to his duty, as a person so employed, and to the great 
 detriment and loss of His Majesty's service. 
 
 2d. • That a further advance of money, to the amount of £85 : 13*. 4d. 
 being made to the said Captain Charles Kentzinger as aforesaid, from 
 His Majesty's Government, for the abovementioned purposes, on, or 
 about, the 8th of April, 1810, he, the said Captain Charles Kentzinger, 
 as aforesaid, being so employed, did, in the Island of Heligoland, also 
 embezzle, and fraudulently misapply, and knowingly, and wilfully permit, 
 and suffer to be embezzled and misappUed, the last mentioned sum of 
 money so entrusted to his care, and advanced to him by His Majesty's 
 Government, for the. use of His Majesty's forces, or part thereof; con- 
 trary to his duty as a person so employed,. and to the great detriment of 
 His Majesty's service. 
 
 3d. ' That the said Captain Charles Kentzinger, as aforesaid, did, on the 
 24th day of December, 1809, behave in a scandalous and infamous man- 
 
T. Johnston. 38 1 
 
 ner such as is unbecoming the character of an Officer and a Gentlemanj 
 in falsely and fraudulently certifying upon his honour, that the sums 
 charged by him against the public in a certain accompt, bearing date the 
 24th day of December, 1809, between him and the Government, had 
 been bond, fide paid by him, whereas, in fact, the said Captain Charles 
 Kentzinger, as aforesaid, had not paid, but had embezzled and retained 
 to his own use, the said sums so charged, or parts thereof, at several 
 times, between the 25th day of June, and 24th day of December, 1809." 
 
 Upon which charges the Court came to the following de- 
 cision : — 
 
 The Court, having duly and maturely weighed, and considered, 
 as well tjie evidence in support of the prosecution, as what has 
 been offered in defence, are of opinion, that Captain Charles 
 Kentzinger is Not Guilty of any of the charges, as preferred 
 against him, and do most fully and honourably acquit him thereof. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding of the Court, and the Commander in Chief di- 
 rects, that the charges preferred against Captain Charles Kentzin- 
 ger, together with the decision of the Court, shall be read at the 
 head of every corps, and entered in the regimental order books. 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Brevet Major Kentzinger retired from the army in 1814. 
 — Editor. 
 
 CAPTAIN THOMAS JOHNSTON.— 1811. 
 
 G. O. Horse Guards, 15 July, 181 1. 
 
 At a General Court Martial, held at Fort Matilda, in Guada- 
 loupe, on the 1st April, 1811, and continued by adjournments to 
 the 5th of the same month. Captain Thomas Johnston, of the 
 Royal York Rangers, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For disobedience of orders, in refusing to sit as president of a 
 Regimental Court Martial, on the 23d of February last, notwithstanding 
 his being warned to do so by the Adjutant of the regiment, he having 
 shewed him the regimental order to that effect. 
 
 2d. ' For conduct unbecoming the character of an Officer and a Gen- 
 tleman, in using opprobrious and disrespectful expressions of his Com- 
 
382 JP. Forh&. 
 
 manding Officer and others, on the saine day, being stibvefsive of good 
 order and military discipline, and contrary to the Articles of War." 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court, having maturely and deliberately considered the 
 evidence in support of the prosecution, as well as what the pri- 
 soner, Captain Thomas Johnston, has brought forward in his de- 
 fence, are of opinion, in respect to the 1st charge, that he is 
 Guilty thereof, and in respect to the 2d charge, the Court are 
 likewise of opinion that he is Guilty thereof. 
 
 The Court having found the prisoner Guilty of both the charges 
 alleged against him, and which being in breach of the Articles of 
 War, do sentence and adjudge, that he, the prisoner. Captain 
 ■Riomas Johnston, be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the charges preferred against Captain Tho- 
 mas Johnston, together with the Sentence of the Court, shall be 
 read at the head of every regiment, and entered in the regimen- 
 tal order book. 
 
 By command of the Right Hon. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN THE HONOURABLE F. FORBES. 
 
 QO. HorseGitards, 17 July, 1811. 
 
 At a General Court Martial, held in Guernsey, on the 12th 
 June, 1811, and continued by adjournments to the 24th of the 
 same month. Captain the Honourable Frederick Forbes, of the 
 Royal African Corps, was arraigned upon the undermentioned 
 charges, preferred against him by Captain Odium, commanding 
 a detachment of the Royal African Corps, at Guernsey, viz. 
 
 1st ' For disobedience of his (Captain Odium's) ordersi,, on the 27th 
 andsbth April, and the 18th May, 1811, in sigmng passes for men to 
 go to town, m direct opposition to the detachment orders of the 30th Ja- 
 nuary, 1811, and open defiance to his authority as Commandmg Officer. 
 
 2d.' ' For presuming, repeatedly, to go to town in cobmred clnthes, m 
 contempt and disobedience of the General Orders of the 9th Af ril, 181 1 . 
 
Lieut. Tat/lor. 383 
 
 3d. ' For neglect of duty, and disobedience of the Commanding Offi- 
 cer's ordere of the detachment, in not regularly inspecting his division, 
 at parades, or attending to the messing of the detachment, as Captain 
 of the week, that being a particular part of that Officer's duty, and spe- 
 cified in the orders of the 11th February, and 9 th April, 1811. 
 
 4th. 'For having, on the 7th May, 1811, signed false reports of his 
 division, knovdng them to be so, in direct contradiction to the rules of 
 good order and military discipline. 
 
 5th. 'For contempt and disobedience of the detachment orders, of the 
 20th May, 1811, in not giving up his present quarters, and occupying 
 those aEotted for him in barracks, thereby depriving another Officer of 
 the accommodation which should be allowed Mm. 
 
 6th. ' For having, on the 21st May, 1811, written an insulting and 
 contemptuous letter to Captain Odium, his Commanding Officer, persist- 
 ing in disobedience of his (Captain Odium's) orders, and de^ng his au- 
 thority in detaining private John Boyton of the detachment, for his ser- 
 vant.' 
 
 Upon which charges the Court came to the following de- 
 cision : — 
 
 The Court having maturely considered the evidence adduced on 
 the part of the prosecution, as well as what the prisoner has urged 
 in his defence, are of opinion, that the prisoner, Captain the Ho- 
 nourable Frederick Forbes, is Guilty of the whole of the charges 
 exhibited against him, and consider the fourth and sixth charges 
 of so serious a nature, that they sentence him to be cashiered, 
 and therefore deem it unnecessary to make any remarks upon 
 the other charges. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the charges preferred against Captain 
 Forbes, together with the Sentence of the Court, shall be read 
 at the head of every regiment, and entered in the regimental or- 
 der book. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 SECOND LIEUTENANT AND PAYMASTER 
 TAYLOR.— 1811. 
 
 G. O. Horse Guards, 1 8 Jufy, 1811. 
 
 At a General Court Martial, held at Hastings, on the 2 1st 
 
384 Lieut. Taylor. 
 
 Julie, 1811, and cobtinued by adjournments to the 24th of tlje 
 same month. Second Lieutenant and Paymaster Taylor, of the 
 Royal Flintshire Regiment of Militia, was arraigned upon the 
 following charges, viz. 
 
 1st. ' For overdraTnng his estimates, to the amount of ^432, or 
 thereabouts ; for embezzling and misapplying the public money, and 
 being deficient in the means of satisfying the claims of the regiment, on 
 the 25th of October, 1810, to the amount of ^208 : 16«. lOJrf. or there- 
 abouts, making, with the sum of ^432 abovementioned, £640: 16s. 
 10|d. or thereabouts, which the said Second Lieutenant Taylor is in- 
 debted to the public, to the great injury of military discipline, and con- 
 trary to His Majesty's regulations. 
 
 2d. ' For being absent from the reg^ent, without leave, from the 
 I st of November, 1810, till the 1st of December, 1810, contrary to His 
 Majesty's regulations, and being a breach of the Articles of M''ar.' 
 
 Upon which charges the Court came to the following decision : 
 
 The court, after duly weighing the evidence given in support 
 of the charges preferred against Lieutenant and Paymaster Taylor, 
 of the Royal Flintshire Regiment of Militia, together v\ith what 
 he has adduced in his own defence, with regard to the first 
 charge, are of opinion that the prisoner is Guilty of misapplying 
 the public money, and being deficient in the means of satisfying 
 tbe claims of the regiment on the 25A of October, 1810, and 
 that the said Lieutenant Taylor, is indebted to the public the 
 sum of c£640 : 4s. \d. or thereabouts, to the great injury of mili- 
 tary discipline, and contrary to His Majesty's regulations. 
 
 With regard to the second charge, the court are of opinion that 
 lieutenant Taylor is Guilty, and, upon the whole, do adjudge 
 tbat he, the said Lieutenant and Paymaster Taylor, be dismissed 
 from the Royal Flintshire Regiment of Militia. 
 
 His Royal Highness the Prince Regent, m the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and sentence of the Court. 
 
 The Commander in Chjef directs, that the charges preferred 
 against Lieutenant and Paymaster Taylor, together with the Sen- 
 tence of the Court, shall be read at the head of every regiment, 
 and entered in the regimental order book. 
 
 By command of His R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
( 385 ) 
 
 CAPTAIN JOHN M'INTYRE.— 1811. 
 
 G. O. Horse Guards, 20 Avg. 1811, 
 
 At a General Court Martial, held at Kingston Barracks, 
 Jamaica, on the 18th and 19th of December, 1810, Captain John 
 M'Intyre, of the 7th West India Regiment, was charged " with 
 conduct most disgraceful and derogatory to the character of an 
 Officer and a Gentleman, in the instances specified in the follow- 
 ing charges." 
 
 1st. ' In bringing away from the Island of Barbadoes, a black wo- 
 man named Bessey, or Betsey Felice, or Felicite, and her son Jean 
 Thomas, on, or about, the 9th day of July, 1809, who were not his pro- 
 perty, and in selling the said Bessey, or Betsey Felice, or Felicite, for 
 transportation, toMr.Camoens, of Jamaica, on, or about, the 4th day of 
 November, 1809, and after the said sale of the mother for transporta- 
 tion, taking her son Jean Thomas to Curayoa. 
 
 2d. ' In addressing an extremely improper letter to Lieutenant Smithy 
 president of the mess-committee of the 5 th West India Regiment, dated 
 10th December, 1810, containing most insulting expressions towards the 
 OiBcers of the said coi-ps, by whom he had been treated with the most 
 liberal hospitality, notwithstanding that he had, some months before, 
 left the quarters of that regiment considerably in debt to the mess-com- 
 mittee and niess-man, which debt is not yet discharged, although he. 
 Captain M'Intyre, had, in a previous letter to Lieutenant Colonel Hamil- 
 ton, 5th West India Regiment, acknowledged their very handsome con- 
 duct in paying him so much attention. 
 
 3d. , In endeavouring to obtain money as subsistence, by letters ad- 
 dressed to Lieutenant Colonel Hamilton, 5th West India Regiment, 
 dated 30th of November, and 2d and 3d of December last, and by me- 
 morial of the 4th of December, addressed to Lieutenant General Morri- 
 son, Commander of the Forces, although, he. Captain M'Intyre, had 
 previously given two bills of exchange drawn on the regimental agents, 
 dated 26th of April last, one for .£83 sterling, payable eight months 
 after sight, to Mr. Lewis, and the other to Mr. Charles Bemardi for 
 £79 : lis. 6d. sterUng, payable, ten months after sight, and it appearing 
 in a note written by himself, that the period from which he is entitled 
 to subsistence, is not further back than the 25th October last.' 
 
 Upon which charges the Court came to the following decision : 
 
 The prisoner, Captain John M'Intyre, of the 7th West India 
 
 Regiment,, having stood mute, and refused to plead, the Court 
 
 proceeded to pass the following sentence : 
 
 That the prisoner. Captain John M'Intyre, 7th West India 
 
 Regiment, is Guilty of all, and every part of the charges preferred 
 
 against him, anddo, therefore, sentence him, the said Captain 
 
 c c 
 
S86 #. Stiiiin^. 
 
 *• 
 
 John Mf liityre, (6 be cashiered, and consider hiin unfit "and un- 
 worthy of ever serving His Majesty in any military capacity. 
 • His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and sentence of the Court, and his Royal High- 
 ness the Commander m Chief directs, that the charges preferred 
 igainst Captain John M'Intyre, together with the finding and 
 Sentence of the Court, shall be read at the head of every regi- 
 ment, and entered in the regimental order books. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN JOHN STIRLING.— 1811. 
 
 G. O. Horse Guards, 18 Sept. 1811. 
 
 At a General Court Martial, held at Bombay, on the 29th 
 May, 1810, and continued by adjournments to the 28th June 
 following. Captain John Stirling, of the 1st Battalion of the 84th 
 Regiment, was arraigned upon the undermentioned charges, viz. 
 
 ■ 1st. ' For conduct highly unbecoming the Officer, in misapplying cer- 
 tain sums of money received from some sddicrs and others of the regi- 
 ment, in trust, by not having deposited the amount in the hands of 
 agents, as specifically set forth to be done in his receipts, in consequence 
 of Which the repayment of the said sums of money has been withheld, to 
 their injury, though repeatedly called for by the parties. 
 
 2d. ' For conduct nigUy improper and disrespectful, in writing a 
 threatening letter to his Commander in Chief, the Honourable Major 
 General John Abercromby, on, or about, the 11th of April last, tending 
 to his hurt and dishonour.' 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 ■ ITiiB Court having maturely considered the evidence in Support 
 of the prosecution, together with what the prisoner, Captaiq John 
 Stirling, has alleged in his defence, are of the following^ opmldns 
 on the respective charges, viz. 
 
 - On the first charge, the Court are of opinion that the prisoner 
 is Guilty to the following 'extent, viz : ' of conduct highly unbe- 
 tomnig the Officer, in not having deposited the moUfey in the 
 hands of agents, as set foH^ in his receipts to S^jeint Shore and 
 Privitte Jobn Siddle, and withholding the money due to Seijea)* 
 
B. Cochrane. 387 
 
 Shore, private Siddle, and Mary Gray, when called for, which is 
 considered to their injury.' 
 
 On the second charge, the Court are of opinion that the pri- 
 soner is Guilty. 
 
 Having found the prisoner Guilty of the first and second 
 charges, as specified above, in breach of the Articles of War in 
 such cases made and provided, they do, therefore, sentence him, 
 the said Captain John Stirling, to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name, and on the behalf of His Majesty, to approve and con- 
 firm the Sentence of the Court, and His Royal Highness the 
 Commander in Chief directs, that the charges preferred against 
 Captain John Stirling, together with the Sentence of the Court, 
 shall be read at the head of every regiment, and entered in the 
 regimental order books. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT COLONEL THE HONORABLE 
 BASIL COCHRANE.— 1811. 
 
 G. O. Horse Guards, 15 Oct. 1811. 
 
 At a General Court Martial, held at Gallegos, in Spain, on the 
 •^4th of August, 1811, Lieutenant Colonel the Honourable Basil 
 Cochrane, of the 36th Regiment, was tried on the following 
 Charges, viz. 
 
 ■ 1st. ' For highly unmilitary conduct in wiiting a letter, on, or about, 
 the 9th of August, 1811, to Captain Auchmuty, Deputy Assistant Adju- 
 tant General, 6th Division, to be laid before 3Iajor General Campbiall, 
 commanding the 6th Division, couched in most disrespectful aud oftejjsive 
 terms to the Major General. 
 
 2d. ' For highly unmilitary conduct in forvrarding the said letter, 
 direct, to Major General Campbell, in a subsequent unbecoming letter, 
 dated 1 1th of August, after the said letter of the 9th had been returned 
 to Lieutenant Colond Cochrane, by Captain Auchmuty, and aftei- Major 
 General Burne, commanding the bcigade, had refused to forward it. 
 
 3d. ' For refusing to withdraw the said oftensive letters, of the 9th 
 and Uth of August, notwithstanding their offensive tendency was made 
 known to him, and an opportunity offered him by Major Genei-al Camp- 
 bell, through Major General Burne, of withdrawing the same.' 
 
 Upon which the Court crfme to the following decision : — viz. 
 
 c c 2 
 
388 R. Newman. 
 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence, adduced in support of the prosecution, 
 against the prisoner, together with what he has exhibited in his 
 defence, and the evidence thereon, are of opinion, that he is 
 Guilty of the charges preferred against him, being in breach of 
 the Articles of War. The Court do, by virtue thereof, sentence 
 him, the prisoner, to be severely reprimanded at such time and 
 place, and in such manner as His Excellency the Commander of 
 the Forces may deem fit ; which sentence has been confirmed by 
 General Lord Viscount Wellington, Commander of the Forces. 
 
 His Royal Highness the Commander in Chief has been pleased 
 to direct, that the foregoing charges, preferred against Lieutenant 
 Colonel the Honourable Basil Cochrane, together with the find- 
 ing and Sentence of the Court, shall be read at the head of every 
 corps, and entered in the regimental orderly books. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Brevet Colonel the Honourable Basil Cochrane died in 
 IS [6.— Editor. 
 
 LIEUTENANT R. NEWMAN.— 1811. 
 
 G. O. Horse Guards, 27 Nov. 1811. 
 
 At a General Court Martial, held at Bombay, on the 12th 
 December, 1810, and continued by adjournments to the 31st of 
 the same month, Lieutenant R. Newman, of the 2d Battalion, 
 '56th Regiment, was arraigned for conduct, shameful, disgraceful, 
 unbecoming the character of an Officer and a Gentleman, and 
 highly subversive of good order and military discipline, on the 
 following charges. 
 
 . 1st. ' For having, on, or about, the 3d, 4th, or 5th of December, 
 1810, taken Private James Day, bebnging to the detachment of His 
 Majesty's 84th Regiment under his command, from the quarters of the 
 detachment without, my consent, permission, or knowledge, and for 
 having persuaded the said private, Day, to attend him in a servile capa- 
 city, by telling him that he had got charge of the invalids, and that he 
 had obtained ray leave to afford him the said attendance as a servant. 
 
 2d. ' For having, on the evening of the 5th December, 1810, sent 
 me, his superior Officer, a challenge to light him, and for going imine- 
 
R. Nereman. 389 
 
 diately thereafter to the barracks of the detachment of His Majesty's 
 84th Regiment, under nly command, with violence and abuse, demand- 
 ing of the sentry, that Private James Day should be delivered to him, 
 and then and there, in the presence of the guard, and the whole detach-* 
 ment, damning me, the Commanding Officer, for being a coward, and 
 distinctly declaring, in their hearing, that he, their Captain (Captain 
 Burns) was a coward, that he had sent him a challenge, and that he 
 would not fight him. 
 
 3d. ' For having, on the same evening, assembled in the most out- 
 rageous manner, and associated with other persons, and beset my quarters, 
 with swords and other weapons, threatening the utmost violence, calling 
 
 out, " pull out the Scotch b r, pull out Captain Bums the coward,'" 
 
 and for having repeatedly made use of the same expressions. 
 
 ' MATTHEW BURNS, 
 ' Captain 84th Regiment, Commanding Detachment.' 
 
 Upon which charges the Court came to the following decision :, 
 
 The Court, having maturely considered the evidence, for and 
 against the prosecution, together with what the prisoner, Lieute- 
 nant R. Newman, of the 2d Battalion of His Majesty's 56th 
 Regiment of Foot, has alleged in his defence, are of the follow- 
 ing opinions on the respective charges preferred against him, by 
 Captain Matthew Burns of the 84th Foot, viz. 
 
 On the first charge, the Court are of opinion, that the prisoner, 
 is Guilty to the following extent, viz. — ' for having, on, or about, 
 the 3d, 4th, or 5th of December, 1810, taken James Day, be- 
 longing to the detachment of his Majesty's 84th Regiment, under, 
 his command, from the quarters of the detachment without his 
 consent, permission, or knowledge, and for having persuaded 
 the said Private Day, to attend him, by telling him that he had 
 obtained his leave to afford him the said attendance as a servant.' 
 
 Of all other parts of this charge, the court are of opinion, that 
 the prisoner is Not Guilty, and do acquit him of the same. 
 
 On the second charge, the Court are of opinion, that the pri- 
 soner is Guilty to the following extent, viz. ' of having, on the 
 evening of the 5th of December, 1810, sent Captain Burns, his. 
 superior Officer, a challenge to fight, and for going immediately 
 to the barracks of the detachment of His Majesty's 84th Regi- 
 ment, under his command, and declaring, in the presence of some 
 of the men of the guard and detachment, that Captain Burns 
 was a coward, that he had sent him a challenge, and that he 
 would not fight him. , 
 
390 S. Shawe. 
 
 Of all other parts of this charge, the Court are of opinion that 
 the prisoner is Not Guilty, and do, therefore, acquit him of 
 them. 
 
 With respect to the third charge, the Court are of opinion, 
 that the prisoner is Guilty, to the following extent, viz. ' of having 
 assembled and associated with others, in an improper and riotous 
 manner, near the quarters of Captain Burns;' but acquit the 
 prisoner of all other matter of accusation contained in the said 
 charge. 
 
 Having found the prisoner. Lieutenant R. Newman, Guilty, 
 to the extent as specified in the 1st, 2d, and 3d charges, the 
 Court are further of opinion that his conduct, therein, is unbe- 
 coming the character of an Officer, and highly subversive of 
 good order and military discipline, which, being a breach of the 
 Articles of War, in such cases made and provided, they do sen- 
 tence him, the said Lieutenant R. Newman, to be cashiered. 
 
 His Royal Highness the Prince Regent having been pleased, 
 in the name and on the behalf of His Majestj', to approve and 
 confirm the finding and Sentence of the Court, His Royal High- 
 ness the Commander in Chief directs, that the foregoing charges, 
 together with the finding and Sentence of the Court, shall be 
 read at the head of every corps, and entered in the regimental 
 order book. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT SAMUEL SHAWE.— 1811. 
 
 G. O. Horse Guards, 28 N'ov. 1811. 
 
 At a General Court Martial, held at Bombay, on the 7th 
 January, 1811, and continued by adjournments to the loth of 
 the same month, Lieutenant Samuel Shawe, of the 2d Battalion, 
 of the 56th Regiment, was arraigned, for conduct, shameful, 
 disgraceful, unbecoming, and derogatory to the character of an 
 Officer and a Gentleman, highly subversive of good order and 
 military discipline, on the following charges. "* 
 
 Isf. ' For having, on the evening of the 5 th December, been the 
 bearer and deliverer of a message, from Lieutenant R. Newman, of His 
 
S. Shawe.. SQI 
 
 Majesty's 2d Battalion, 56th Regiment, purporting to be a challenge to 
 me, to meet and fight the said Lieutenant Newman, in the following 
 words : " I wait on you, by desire of Lieutenant Newman, of the 56 th 
 Regiment, to say, that he considers you have insulted him, by ordering 
 private Day, of the 84th Regiment, an invalid, and his servant, to the 
 barracks ; Lieutenant Newman has got the invalids, and tooli Day as 
 his servant, and he is ready to meet you ; you formerly insulted me also." 
 2d. ' For having, on the same evening, a short time after the -delivery 
 of the above message, associated and assembled, with other persons, and 
 beset my quarters, being armed with and flourishing, in the most out- 
 rageous manner, a sword, using at the same time the most violent and 
 opprobrious language and imprecations^ calling out, " you. Captain 
 
 Bums, are a coward ; pull out the Scotch b r of a cowai'd,' and 
 
 for continuing the same conduct, in a menacing and furious tone of 
 voice for some time. 
 
 (Signed) ' MATTHEW BURNS, [ 
 
 ' Capttm 84th Regiment, Commanding Detaehmeni .' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having maturely considered the evidence, for and 
 against the prosecution, together with what the prisoner, Lieu- 
 tenant Samuel Shawe, of the 2d Battalion of His Mstjesty's 56th 
 Regiment, has alleged in his defence, are of the foUowiijg opi- 
 nions, on the respective charges, viz. 
 
 t On the first charge, the Court are of opinion that the prisoner 
 is Guilty to the following extent, viz. ' for having, on the even- 
 ing of the 5th December last, been thfe bearer and deliverer of a 
 message from Lieutenant R. Newman, of His Majesty's 'id 
 Battalion, 56th Regiment, purporting to be a challenge to Cap-: 
 tain Burns, to meet and fight the said Lieutenant Newman.' 
 
 On the second charge, the Court are of opinion that the pri- 
 soner is Guilty to the following extent, viz. ' for having, on ,the 
 same evening, a short time after the delivery of the above message, 
 associated and assembled with other persons, near Captain Bum's 
 quarters, when improper and opprobrious language was made 
 use of.' 
 
 Having found the prisoner Gniky of the extent, as specified 
 on the respective charges, the Court are further of opinion that 
 the prisoner's conduct is, therem:, unbecoming the character of 
 an Officer, and highly subversive of good oi'der and military 
 discipline, which being a breach of the Articles of War, in such 
 cases made and provided, they do sentence him, the said Lieu- 
 tenant Samiid Shawe, to- be cashiered. 
 
392 H, Mdxmll. 
 
 His Royal Highness the Prince Regent havitig been pleased^ 
 in the name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court, the Commander 
 in Chief directs, that the foregoing charges, together with the 
 finding and Sentence of the Court, shall be read at the head of 
 every corps, and entered in the regimental order book. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT HUGH MAXWELL.— 1811. 
 
 G. O. Horse Guards, 29 Nm. 1811. 
 
 At a General Court Martial, held at the Champ de Mars, in 
 Guadaloupe, on the 23d and 24th May, 1811, Lieutenant Hugh 
 Maxwell, of the 8th West India Regiment, was arraigned upon 
 the undermentioned charges, viz. 
 
 1st. ' For being repeatedly drunk, when on duty, and going into the 
 soldiers' barracks at diflerent times, eating and drinking with the men, 
 especially, on, or about, the 1 1th of November last, when he. Lieutenant 
 Maxwell, was the Orderly Officer of the day. 
 
 2d. ' For disobedience of ordera, especially, on, or about, the 4th of 
 September last, in not copying the regimental standing orders, as he was 
 ordered to do. As also in not attending all adjutants' drills, and regi- 
 mental parades with arms, wnich he. Lieutenant Maxwell, was ordered 
 to attend, by a detachment order, dated, on, or about, the 14th of the 
 same month.' 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court, having duly and deliberately considered the evi- 
 dence produced against the prisoner, Lieutenant Hugh Maxwell,, 
 are of. opinion, that lie is Guilty of both the crimes alleged 
 against him. 
 
 The Court having found the prisoner Guilty of the crimes al- 
 leged against him, and which, being in breach of the Articles of 
 War, do sentence and adjudge, that he, the prisoner, Lieutenant 
 Hugh Maxwell, be cashiered, and rendered for ever incapable of 
 serving His Majesty. 
 
 His Royal Highness the Prince Regent having been pleased, 
 in the name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court, the Commander 
 
J. Berthier and J. Percy. SQS 
 
 in Chief directs, that the same shall be read at the head of every 
 corps, and entered in the regimental order book. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Maxwell died shortly afterwards. — Editor. 
 
 ENSIGN JOHN BERTHIER.— ISIL 
 
 G. O. HorseGmrds, 30 Nod. 1811. 
 
 At a General Court Martial, held at Kingston Barracks, Ja- 
 maica, on the 10th June, 1811, and continued by adjournments 
 to the 14th of the same month. Ensign John Berthier, of the 5th 
 West India Regiment, was arraigned upon the undermentioned 
 charge, viz. 
 
 ' For infamous and disgraceful conduct, such as is unbecoming the 
 character of an Officer and a Gentleman, in having, on the evening of 
 the 4th May, 1811, on board the Coromandel hospital ship, secreted a 
 snuff box, the property of Assistant Surgeon Robertson, which he denied 
 having possession of.' 
 
 Upon which charge the Court came to the following decision : 
 The Court, having most maturely weighed and considered the 
 evidence on the part of the prosecution, with what the prisoner. 
 Ensign John Berthier, advanced in his defence, was of opinion, 
 that he was Guilty, and the Court therefore sentenced him, the 
 said Ensign John Berthier, to be dismissed His Majesty's service. 
 His Royal Highness the Prince Regent having been pleased, 
 in the name and on the behalf His Majesty, to approve and con- 
 firm the opinion and Sentence of the Court, the Commander in 
 Chief directs, that the same shall be read at the head of every 
 corps, and entered in the regimental order book. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JOHN PERCY.— 1811. 
 
 G.O. Horse Guards, 20 Dec. 1811. 
 
 At a General Court Martial, held at Newcastle-upon-Tyne, on 
 
 the 20th September, 1811, and continued by adjournments to 
 
394 E. Tally. 
 
 the 1st October following, Lieutenant John Percy, of the Cam- 
 bridgeshire Regiment of Militia, was arraigned upon the under- 
 mentioned charges, viz. 
 
 •1st. 'For conduct highly disrespectful to his Commanding Officer, 
 Lieutenant Colonel Vachell, at Sunderland, on the 23d of August 1811* 
 in writing to him. Lieutenant Colonel Vachell, a gi'oss, insulting, and 
 threatening letter, to the prejudice of good order, and military disciphne.' 
 ADDITIONAL CHARGE. 
 2d. ' For disrespect towards his Commanding Officer, M>E^or Faussett, 
 at Sunderland, on the night of the 7th of Septemher, 1811, in peremp- 
 torily refusing to obey bis> orders, by continuing in the theatre, wheU 
 under arrest^ after b«ing ordered by hj^fe the s^jd M^or Faussett, to 
 leave it, and for writing to Major Faussett, a contemptijous and threaten- 
 ing letter, on the following day, in violation of good order and military 
 disciphne.' 
 
 Upon which diarges the Court came to the following de- 
 cision : 
 
 The Court having maturely weighed and considered the evi- 
 dence, adduced in support of the prosecution, as well as what the 
 pvisoner, Liewteiiant Percy, urged in bis defence, and the evi- 
 dence in support thereof, was of opinion, that the prisoner. Lieu- 
 tenant Percy, was Guilty of the first charge exhibited against 
 him. The Court was also of Opinion, that the said prisoner, 
 Lieutenant Percy, was Guilty of the additional, or second charge 
 exhibited agamst him, and, therefore, sentence the said pvisonep, 
 Lieutenant Percy, to be dmrdssed the service. 
 
 His Royal Highness the Prince Regent, in the name, and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 m Chief directs, that the charges preferred against Lieutenant 
 John Percy, together with the finding and Sentence of tl>e Court, 
 shall be read at the head of every eerps, and entered in the gene- 
 ral order hook. 
 
 By canimand of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT EDWARD TULLY.—ISIJ. 
 
 G. O. JSorse Guards, 21 Dec. 181 1. 
 
 At a Gencraf Coart Mariiali heh* at St. Hefere, in Jersey, m 
 
E. Tvlly. 39i 
 
 the 19th August, 1811, and continued by adjournments to tiie 
 2d October following, Lieutenant Edward Tully, of the 75th 
 Regiment of Foot, was arraigned upon the undermentioned 
 charges, viz. 
 
 ' For scandalous and infamous behaviour, unbecoming the character of 
 an Officer and a Gentleman, and for conduct highly injurious to the ser-i 
 vice, and subversive of military discipline. 
 
 1st. 'In having, at Haddington, in the month of April, 1809, sub- 
 mitted to be struck by an Officer of the regiment, without takmg any 
 notice whatever of it. 
 
 2d. ' In behaving, at the mess of the regiment, in Newry, on, or about, 
 the evening of the 25th of May, 1810, in a most indecotous manner, and 
 in an altercation with the Officer who foimerly struck him, making use 
 of gross and ungentlemanlike language, which drew upon him, from thai 
 Officer, the opprobrious epithet of coward. 
 
 3d. ' In having left Haddington, in the month of May, 1809 j Fejth, 
 in the month of August, 1809 ; Kenny Muir, in the month of Septem- 
 ber, 1809; Aberdeen, in the month of April, 1810; Newiy, in the 
 month of July, 1810, and Horsham, on the latter end of February,, or 
 the beginning of March, 1811, without settling his accounts, particu- 
 larly at Kenny Muir, where he was on detachment, and where, although 
 he had regularly received his own pay, and that of the men under his 
 command, he neglected to pay the baker who furnished bread to the d&r 
 tachment, thereby bringing disgrace upon the Regiment, and occasioning 
 frequent appeals to his Commanding Officer. 
 
 4th. ' In having, at Steyning BaiTacks, on, or about, the 17th day of 
 May, 181 1, sent, by the Adjutant of the Regiment, a highly disrespect- 
 ful message to his Commanding Officer, in answer to a communication 
 which the Adjutant was desired to make to him, relative to a complaint 
 from an innkeeper, at Hoasham, concerning a debt which he had left 
 unsettled, and which he had neglected to pay, after he had been ordered 
 by his Commanding Officer, and had promised so to do, on the money 
 being called for, and which, though frequently applied for, both before 
 and since, still remains unpaid.' 
 
 ADDITIONAL CHARGES. 
 
 1st. ' For having appropriated to his own use, two sums of money, 
 which he received, on, or about, the 4th day of July, 1809, fiwrn John 
 Cruikshank, Supei-visor of Excise, one sum of two poundjs seven shil- 
 lings and six-pence, for seizures made by a detachment under his com- 
 mand, at Kenny Muir, and another sum of two pounds eight shillings,, 
 for guarding a seizure to Kenny Muir, and for having deprived the said 
 detachment of the proportion of the said two sums, to which they wer& 
 justly entitled. 
 
 2d. ' For having, by letters of the 21st and 25th July, 181 1, positively 
 denied to his Commanding Officer, that he had ever received any allow-. 
 ance of money whatever, for seizures made by the said detachment.* 
 
 Upon which charges the Court came to the following decision : 
 
396 Ensign Johfiston, 
 
 The Court, having maturely weighed and considered the: evi- 
 dence, on the part of the prosecution, as well as what the pri- 
 soner has urged in his defence, came to the opinion, on the se- 
 veral articles of charge, as follows : 
 
 In regard to the first charge, the Court is of opinion the pri- 
 soner is Not Guilty, and acquit him thereof. 
 
 In regard to the second charge, the Court is of opinion the pri- 
 soner is Not Guilty, and acquit him thereof. 
 
 In regard to the third charge, the Court is of opinion the pri- 
 soner is Guilty of the whole of this charge, with the exception of 
 * having quitted Perth, vtdthout settling his accounts,' he, the pri- 
 soner, being then absent from the regiment, on duty ; and the 
 Court acquit him of the said part of the said third charge. 
 
 In regard to the fourth charge, the Court is of opinion the pri- 
 soner is Not Guilty, as it does not appear that any disrespect 
 was intended to be conveyed by the s^d message, and the Court 
 acquit him of the said fourth charge. 
 
 In regard to the first additional charge, the Court is of opinion 
 the prisoner is Guilty. 
 
 In regard to the second additional charge, the Court is of opi- 
 nion the prisoner is Guilty. 
 
 The Cour^ therefore, adjudge him, the said Lieutenant Ed- 
 ward Tnlly, to be dismissed from His Majesty's service. 
 
 His Royal Highness the Prince Regent having been pleased, 
 m die name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court, the Commander 
 in Chief directs, that the charges preferred against Lieutenant 
 Edward Tully, together with the finding and Sentence of the 
 Court, shall be read at the head of every corps', and entered in 
 the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN JOHNSTON.— 1812. 
 
 Horse Guards, 14 Jan. 1812. 
 At a General Court Martial, held at Messina, on the 23d Sep- 
 tember, 181 1, and continued by adjournment to the 28th of the 
 
D. French. S97 
 
 same month, Ensign Johnston, of the 62d Regiment, was ar- 
 raigned upon the undermentioned charges, viz. 
 
 1st. ' For absenting himself from quarters, without leave, when the 
 regiment was in the face of the enemy. 
 
 2(1. ' For conduct unbecoming the character of an Officer and a Gen- 
 tleman, by displaying a want of veracity, in several instances, between 
 the months of August, 1810, and September, 1811. 
 
 3d. ' General irregularity, neglect of duty, and disobedience of orders, 
 from the period of Ensign Johnston's joining the Battalion, in June, 
 1810, tiU last put in arrest.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having most maturely considered the evidence, 
 produced in support of the prosecution, and what the prisoner 
 advanced in his defence, was of opinion that the prisoner, Ensign 
 Johnston, of the 62d Regiment, was Guilty of all and every part 
 of the charges preferred against him. 
 
 The Court, therefore, adjudged that the said Ensign Johnston, 
 of the 62d Regiment, should be cashiered, and further rendered 
 incapable of ever again serving as an Officer in His Majesty's 
 service. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, having been pleased to approve and 
 confirm the finding and Sentence of the Court, the Commander 
 in Chief directs, that the charges preferred against Ensign John- 
 ston, and the Sentence of the Court, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT DOMINICK FRENCH.— 1812. 
 
 Horse Guards, 21 Feb. 181,2. 
 
 At a General Court Martial, held at Guernsey, on the 26th 
 
 December, 18 1 1, and following day. Lieutenant Dominick French, 
 
 of the 82d Regiment of Foot, (or Prince of Wales's Volunteers,) 
 
 was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For unofficer and ungentlemanlike conduct, in using provoking 
 language to Assistant Surgeon Scott, tending to excite him to fight a 
 duel, on, or about, the 12thof Januar)', 1811. 
 
 2d. ' For unofficer and ungentlemanlike conduct, in using provoking 
 
398 B. Frenck 
 
 language to Ensign Howard, tending to excite him to fig^t a dael, on, 
 or about, the beginning of February, 1811. 
 
 3d. ' For unofScer and ungentlemanlike conduct, in using abusive and 
 
 provoking language to Assistant Surgecm Scott, tending to excite him to 
 
 fight a duel, and for giying him the lie, on, or about, the 2d April, 1811. 
 
 4th. ' Unofficerlike conduct in fighting a duel, on, or about, the 3d 
 
 of Afjil, 1811. 
 
 5th. 'For unofficerand ungentlemanlike conduct, in forcibly entering 
 the apartment of Ensign French, on, or about, the evening of the 14th 
 or 15th of August, and dragging away his (Ensign French's) servant 
 into confinement. 
 
 6th. ' For unofficerlike conduct, in endearouring to persuade Enaign 
 Holgate, to be his second in a duel, which he (the prisoner) intended to 
 fight, on, or about, the 14th or 15th of August, 1811.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having deliberately and maturely weighed the evi- 
 dence, in support of the prosecution,, as well as what the prisoner 
 has alleged in his defence, are of opinion, that the first charge 
 has not been proved, and do, therefore, acquit the prisoner. 
 
 With respect to the second charge, the Court are of opinion 
 that the prisoner is Guilty of the said second charge. 
 
 On the third charge, the Court are of opinion that the prisoner 
 b Not Guilty of the first part of the charge, ' of using abusive 
 and provoking language to Assistant Surgeon Scott, tending to 
 excite him to fight a duel ;' but that he is Gnilty of the latter 
 part of the charge, of giving him the lie, on, or about, the 2d of 
 April, 181 T. 
 
 With respect to the fourth charge, the Court are of opinion 
 tiiat the prisoner is Guilty of the said charge. 
 
 On the fifth charge, the Court are of opinion that the charge 
 has not been proved, and do, therefore, acquit the prisoner. 
 The Court do also acquit the prisoner of the sixth charge. 
 The. Court, having found the prisoner. Lieutenant Dominick 
 French, Guilty of the second charge, of part of the third charge, 
 and of the fourth charge, as above stated, do sentence him to be 
 cashiered. 
 
 His Royal Highness ihe Prince Regent, in the name and on 
 the behalf of His Majesty, having been pleased to approve and 
 confirm the finding and Sentence 6i the Court, His Royal High- 
 ness the Commander in Chief directs, that the foregoing charges 
 preferred against Lieutenant Dominick French, together with the 
 
J. Motgan. 399 
 
 finding and Sentence of the Court, shall be read at the head of 
 every corps and entered hi the order books. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 PAYMASTER JOHN MORGAN.— 1812. 
 
 Horse Guards, 28 March, 1812. 
 At a General Court Martial, held at Kingston Barracks, Ja- 
 maica, on the 12th September, 1811, and continued by ad- 
 journments to the 31st October following. Paymaster John Mor- 
 gan, of the 5th West India Regiment, was arraigned upon the 
 undermentioned charges, viz. 
 
 ' For shameful, fraudulent, and infamous conduct, in the instances spe- 
 cified in the following changes : 
 
 1st. ' For shameful neglect of duty, in not keeping the accounts of his 
 department in a regular manner, and in not crediting or paying several 
 of the Officers, of the 5 th West India Regiment, their pay, from the 25 th 
 of July to the 24th September, 1811, although such pay was drawn by 
 him (Paymaster Morgan) by bills drawn upon the agents, Messrs. Grreen- 
 wood. Cox, and Co. 
 
 2d. ' Conduct unbecoming the character of an Officer and a Gentle- 
 man, in embezzling or misapplying various sums of money entrusted to 
 his charge, as Paymaster of the 5th West India Regiment, and which he 
 received from the Deputy Paymaster General of the Island, for tbe pay- 
 ment of the non-commissioned Officers and privates of the 5 th West 
 India Regiment, amounting to the sum of .£1386 : 9s. 5}rf., or there- 
 abouts, Jamaica currency, being part of an-ears of pay due to lie 
 men of Captains Reynolds, MuiTay, Standford, and Dean's companies, 
 from the 25th June, 1806, to the 24th September, 1810. 
 
 3d. ' For embezzling or misapplying the sum of £127, or thereaboutSj 
 Jamaica currency, being the balance of subsistence due to the men of 
 Captain Dean's company, from the 25th July to the 24th August, 1811.- 
 
 4th. ' For embezzling or misapplying the sum of £16SQ -.ISs. 2^d., 
 or thereabouts, Jamaica cmi-ency, drawn by him. Paymaster John Mor- 
 gan, of the 5th West India Regiment, from the Deputy Paymaster Ge- 
 neral, for the payment of the non-commissioned Officers and privates of 
 the 5 th West India Regiment, from the 25th of August to the 24th of 
 September, 1811. 
 
 5th. ' For embezzling or misapplying the sum of £447 : 17«. l^d., or 
 thereabouts, Jamaica currency, received by him. Paymaster John Mor- 
 gan, from the Acting Deputy Commissary Genei-al, being the amount of 
 165 days' forage money, for the Officers of the 5th West India Regiment. 
 
 6th. ' For most disgraceful conduct. 
 
 1 St Count. — ' In drawing.the pay of Ensign Archibald '^^'^ade Hximilton, 
 
400 J. Morgan^ 
 
 of the 5th West India Regiment, from the date of his appointment, in Au- 
 gust, 1810, to 24th September, 1811, without his (Ensign Hamilton's) 
 authority for so doing. 
 
 2d Count. — ' In withholding from Ensign Archibald Wade HamUton, 
 of the 5th West India Regiment, the pay drawn for him, between Au- 
 gust, 1810, and the 24th September, 1811, although repeatedly applied 
 to for the same, by Ensign Hamilton.' 
 
 Upon which charge the Court came to the following deci- 
 sion : 
 
 The Court having most maturely weighed and considered the 
 evidence on the part of the prosecution, with what the prisoner. 
 Paymaster John Morgan, of the 5th West India Regiment, has 
 advanced in his defence, is of opinion that he is Guilty of shame- 
 ful, fraudulent, and infamous conduct, in the instances specified 
 in the following charges : 
 
 1st Charge — * For shameful neglect of duty, in not keeping the 
 accounts of his department in a regular manner, and in not cre- 
 diting or paying several of the Officers of the 5th West India 
 Hegiment, their pay from the 25th July to the 24th August, 181 1, 
 although such pay was drawn by him. Paymaster Morgan, by 
 bills drawn upon the agents, Messrs. Greenwood, Cox and Co.' 
 but is opinion it has not been proved that he, the said Paymaster 
 John Morgan, has ' drawn the pay of the Officers of the 5th 
 West India Regiment, subsequently to the 24th August, 1811,' 
 and the Court does therefore acquit him of the latter part of the 
 charge, as far as relates to the period, from 25th August to the 
 24th September, 1811. 
 
 The Court finds the prisoner. Paymaster John Morgan, 
 5th West India Regiment, Guilty of the second, third, fourth, 
 and fifth charges. 
 
 With respect to the 6th charge, the Court s of opinion that 
 the prisoner. Paymaster John Morgan is Guilty of the most (Us- 
 graceful conduct, as stated in the first count thereof, but do ac- 
 quit him of the latter part of the first count, as far as relates to 
 the period from 25th of August to 24th September, 1811; it not 
 having been proved. 
 
 The Court is also of opinion that he, Paymaster John Mor- 
 gan, 5th West India Regiment, is Guilty of the second count of 
 the 6th and last charge, with the exception of two doubloons 
 
.7. Morgan. 401 
 
 which he, Ensign Archibald Wade Hamilton appears to have 
 received on account, also of his Ensign Hamilton's pay from 
 the 25th August to the 24th September, 181!, which, as before 
 stated, has not been proved to have been drawn by Paymaster 
 John Morgan, 5th West India Regiment. 
 
 The Court does, therefore, sentence the prisoner, Paymaster 
 John Morgan, of the 5th West India Regiment, to be dismissed 
 His Majesty's service, and to be rendered incapable of ever 
 serving His Majesty in any civil or military capacity, and to be 
 imprisoned until all deficiencies are made good, which deficien- 
 cies, as far as the Court has been able to ascertain, appear to 
 be to the amount of ,£3867 : 2*. Jamaica currency, or there- 
 abouts. 
 
 The Court is however fully aware that from the difficulty at- 
 tending the making out of the accounts, in consequence of the 
 long arrears of pay lists and muster rolls, now produced, without 
 having been authenticated in the usual manner, there is much 
 reason to apprehend that the above sum may not prove upon a 
 critical examination of the accounts of the regiment to be the 
 exact sum due by Paymaster John Morgan, and the Court has 
 therefore framed its decision accordingly ; with the intention that 
 it should apply to the real amount of the deficiency of public 
 money in the hands of Paymaster John Morgan, when it can be 
 ascertained on a complete settlement of the accounts of the 
 5th West India Regiment. 
 
 The Court having been directed to re-assemble, for the re- 
 consideration of a point in the proceedings, came to the following 
 decision, viz. 
 
 * The Court having examined evidence upon, and re-consider- 
 ed the points in the proceedings alluded to in the general order, 
 directing them to re-assemble, are of opinion that the one hun- 
 dred and sixty-five days' forage money, from 25th July to the 31st 
 December, 1811, should be credited in the accounts of the Offi- 
 cers of the 5th West India Regiment with Paymaster John Mor. 
 gan, also the pay from the 25th of August to the 24th of Sep- 
 tember, 1811, should be re-charged in the Officers' accounts. 
 
 On making up the accounts accordingly, the deficiency ap- 
 pears to be ,£3629 : 13s. lOjd., Jamaica currency, or thereabouts, 
 
 D D 
 
402 G. Hawkins. 
 
 iivstead of ^386? : 2s., Jamaica curi-ency, or thereabouts, as be- 
 fore stated in the sentence of the Court ; and the Court consider 
 it proper further t<b remark, that the sum of i!282 : ]2j. 11 id. 
 appears now due by certain Officers of the 5th West India Regi- 
 ment to Paymaster John Morgan. 
 
 His Royal Highness having beei) pleased, in the name and on 
 the behalf of His Majesty, to approve aiid confirm the finding and 
 Sentence of the Court, the Commander in Chief directs that 
 the charges prefeired against Paymaster John Morgan, together 
 with the sentence of the Court, shall he read at the Jiead of 
 every corps and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAN GEORGE HAWKINS. 
 
 Horse Guards, 30 March, 1812. 
 
 At a General Court Martial, held in Gosport Barracks, on the 
 l6th of January, 1812, and continued by adjournments to the 
 1 7th of the same month, Captain George Hawkins, of the Wilt- 
 shire Re^ment of Militia, was arraigned upon the undermentioned 
 charge-, viz. 
 
 ' For writing, and causing to be published, a letter to the editor of the 
 Morning Chronicle, dated Gosport, November 30th, 1811, containing 
 sundry expressions unbecoming an Officer, highly disrespectful to His 
 Royal Highness the Prince Regent, and tending manifestly to the sub- 
 Tfeision of military discipliiM,' viz. 
 
 " To the Editor of the Morning Chronicle. 
 " SIR 
 
 ' "Go«por;, 30JPro». 1811. 
 
 " Having read in the Courier and other newspapers, a para- 
 ^graph' signed A. B. containing the Prince Regent's opinion on the pl'o- 
 eeedings of a Court Martial on the HonouraMe Captain Bouverie, and 
 Captain Hawkins of the Wiltshu'e Militia, asserting the foismer statement 
 given to be partial, I would beg leave, through your paper, to submit a 
 few remarks thereon. 
 
 " In the firstplace, I think nothing could be more cruel or unjust, at 
 this remote period, than the reviviag a sul^ect which must very much 
 affect the friends of the'Btpnouiiable Captain Bouverie, who has so lately 
 paid the debt of nature, more especiafly as the full sentence was most 
 correedy given ■without any invidious remai-ks whatewr. 
 
 " I beg fully t* contradict the assertidn that the statement alluded to 
 
G. Hawkins. 403 
 
 was partial, the sentence and opinion of the Court, as well as the opi* 
 nion of His Royal Highness the Prince Regent being given. 
 
 " A. B. appears to have shewn more zeal, for Lieutenant Colonel 
 Warneford, thaii judgment, in reviving a subject that can so little re- 
 dound to the credit of Lieutenant Colonel Warneford : he might have 
 reflected, that the opinion of the Pruice Regent was only that of an indi- 
 vidual, opposed to fourteen members of the Court, who, after the most 
 careful and accurate investigation of the whole case, were induced to ob- 
 serve, that ahhough there was no -positive evidence before the Court, to 
 warrant the conclusion' that Lieutenant Colonel Warneford had been 
 instigated by private pique, or by personal prejudice, yef they were of 
 opinion, that he was not actuated solely ior the good of the service, and 
 after having beeii ordered to revise their proceedings, upon a more ma- 
 ture deUberation, confirmed their former opinion, most justly observing, 
 that they had the prosecutor's bare assertion alone of the forbearance 
 and kindness which he introduced in the opening of the case, and upon 
 which the Prince Regent can only have formed his opinion, not one 
 proof, or even shadow of it, appearing to that effect. 
 
 " I am. Sir, yom- obedient humble Servant, 
 (Signed) " An Officer of the Wiltshire Militia." 
 
 Upon which charge the Court came to the following decisioti : 
 
 The Court, after taking time for the most mature deliberation, 
 and weighing well what has been adduced on the part of the 
 prosecution, as well as what the prisoner has advanced in his Ae- 
 fence, is of opinion that the prisoner, Captain Hawkins, is Guilty 
 of the crime laid to his charge, being a breach of the Articles of 
 War, and does, therefore, sentence him to be dismissed His Ma- 
 jesty's Wiltshire Regiment of Militia. 
 
 In awarding the aboVe sentence, the Court feel strongly in- 
 clined to believe that the prisoner, from intemperate zeal to de- 
 fend the character of a departed friend and brother Officer, was 
 prompted to use the disrespectful expressions alluded to in the 
 charge, without any wilful intention of reflecting on the high 
 authority of His Royal Highness the Prince Regent. 
 
 In Consequence of this feeling, therefore, and the evident cdil- 
 trition of the prisoner, and the solemn assertion that bi$ expres- 
 sions were not intended to convey any thing disrespectful to His 
 Royal Highness, they humbly recommend him to the most gra- 
 eious consideration of His Royal Highness the Prince Regent. 
 
 His Royal Highness was pleased, in the name and ofi the be- 
 half of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and the Commander in Chief direets, that 
 
 D D 2 
 
404 R. Fergus. 
 
 the charge preferred against Captain George Hawkins, together 
 with the Sentence of the Court, shall be read at the head of every 
 corps, and entered in the general order book of each regiment. 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 DEPUTY ASSISTANT COMMISSARY GENE- 
 RAL ROBERT FERGUS. 
 
 Horse Guards, 13 Jpri/, 1812. 
 
 At a General Court Martial, held at Fort Royal, Martinique, 
 on the 28th and SQth October, 1811, Deputy Assistant Commis- 
 sary General Robert Fergus, was arraigned upon the undermen- 
 tioned charge, viz. 
 
 ' For having frmidulently embezzled or misapplied, in the course of the 
 whole, or part of the months of July, August, and September last, a cer- 
 tain proportion of rum and wine. Ring's rations, that ought to have been 
 delivered by him to the garrison of St. Pierre, Martinique, in the legal 
 measures estabUshed by Government, but which measures he caused, in 
 the course of that period, to be altered and diminished, thereby defraud- 
 ing the soldiers, and others, of that garrison, of their just due, to the 
 amount of 5-6ths of a quart of rum and wine, or thereabouts, on every 
 four gallons issued in detail, and occasioning, in the whole, a defalcation 
 of seventy gallons of wine, and forty gallons of rum, more or less, to he 
 ascertained by the Court : being expressly contrary to the Articles of 
 War, and good government of His Majesty's service." 
 
 Upon which charge the Court came to the following decision : 
 The Court having fully weighed and considered the evidence 
 produced in support of the charge brought against Deputy As- 
 sistant Commissary General Robert Fergus, together with what 
 he alleged in his defence, was of opinion that he was Guilty of 
 the same, and, therefore, sentenced and adjudged him, the said 
 Deputy Assistant Commissary General Robert Fergus, to be dis- 
 missed the service, and rendered incapable of ever serving His 
 Majesty again in any office, civil or military. 
 
 The Court further adjudged the prisoner, the said Robert 
 Fergus, to make good to the soldiers, and others, of the garrison 
 of St. Pierre, Martinique, the deficiencies on the issues of rations 
 amounting to four gallons and one pint and a half of Fayal wine, 
 and six gallons and one pint of rum. 
 
E. N. Edgeworth. 405 
 
 His lloyal Highness the Prince Regent, in the name and on 
 tlie behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court ; and His Royal High- 
 ness the Commander in Chief directs, that the foregoing charge, 
 preferred against Deputy Assistant Commissary General Robert 
 Fergus, together with the Sentence of the Court, shall be read at 
 the head of every corps, and entered in the general order book. 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CORNET E. N. EDGEWORTH.— 1812. 
 
 Horse Guards, 15 AprU, 1812. 
 At a General CourtMartial, held at Midoes, on the l6th De- 
 cember, 1811, and continued by adjournments to the 3d January, 
 18 1£, Cornet N. E. Edgeworth, of the 3d Dragoon Guards, was 
 arraigned upon the undermentioned charges, viz. 
 
 1st. ' For disgraceful and riotous conduct, highly unbecoming the cha- 
 racter of an Officer and a Gentleman, in causing great disturbances 
 when in camp, near Elvas, then being in a state of extreme inebriety, 
 and making use of very improper and offensive language^ on, or about, 
 the 1 1th and 13th days of July last. 
 
 2d, ' For scandalous and infamous conduct, highly unbecoming the 
 character of an Officer and a Gentleman, in drinking and associating 
 with private soldiers of the 3d Dragoon Guards, when stationed in camp, 
 near Elvas, on, or about, the 15th of July last. 
 
 3d. ' For, during his arrest, associating and drinking with the private 
 soldiers of the 3d Dragoon Guards, being conduct, most disgracefid 
 and infamous, highly unbecoming the character of an Officer and a 
 Gentleman, and subversive of good order and military discipline. 
 
 4th. ' For a most shameful dereliction of his duty, at Avelous de Ri- 
 beira, on, or about, the 25 th day of October last, when under arrest, 
 in offering money to the corporal on guard, to purchase drink for men 
 in confinement, being most scandalous and infamous conduct, highly 
 unbecoming the character of an Officer and a Gentleman.' 
 
 Upon vj'hich charges the Court came to the following decision : 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence, addiiced on the prosecution, in support of 
 the first charge exhibited against the prisoner. Cornet N. E. 
 Edge^^■orth, 3d Dragoon Guards, together with what he has 
 offered in iiis defence, and the evidence thereupon, are of opinion, 
 that he is Guilty to a certain extent of the said charge, viz. ' dis- 
 graceful and riotous conduct, in causing disturbances when in 
 
406 P.ThQmpsQtiAi 
 
 camp, near Elyas, th^ being ijj a, igtatie of inebriety, and making 
 nae of very impfQper language, op, or about, the 1 1th and 13th 
 days pf July }ast. 
 
 The Court,: having maturely, and: deliberately weighed andcoij,- 
 aidefed the evidenjje, adduced on the prosecution, in support ,of 
 the second and third :bharges exhibited against the prisoner, Cor- 
 n.et N, E- Edgewor^^ together with what he has ofifered in. his 
 defence, and the evidence thereupon, are of opinion that he is 
 Guilty of each of th? said charges. 
 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence, adduced on the prosecution, in support of 
 the fourth charge, exhibited against the prisoner, Comet Edge- 
 worth, together with what he has offered in his defence, and the 
 evidence thereupon, are of opinion that he is Not Guilty of the 
 said charge. 
 
 The crimes of which the prisoner has been here convicted, 
 being in breach of the Articles of War, the Court do sentence 
 him. Cornet N. E. Edgeworth, 3d Dragoon Guards, to be 
 cashiered. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, having been pleased to approve and 
 confirm the finding and sentence of the Court, His Royal High- 
 ness the Commander in Chief directs, that the foregoing charges 
 preferred against Cornet N. E. Edgeworth, of the 3d Dragoon 
 Guards, together with the finding and Sentence of the Court, 
 shall be read at the head of every corps, and entered in the 
 general order book. 
 
 By command of H. R H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 MAJOR PETER THOMPSON, CAPTAIN THO- 
 MAS CHURCHILL THOMPSON, CAPTAIN 
 JOHN FORD, CAPTAIN RICHD. FRIZELL, 
 LIEUT. AND PAYMASTER I. HUNTER.- 1813. 
 
 G. O. HorseGuards, 25 j^prU, 1813. 
 
 It is His Royal Highness the Commander in Chief's order, 
 
 i.thgt the enclosed copies of Letters, whicli have been addressed 
 
p. Thompson, 8;c. 407 
 
 by His Royal Highness, to the General Officer commanding the 
 Eastern District, respecting certain Officers of the 1st Regiment 
 of Royal Surry Militia, who have been recently tried by a General 
 Court Martial, shall be read at the bead of each corps, and 
 elitered in the general order book of every regiment in His Ma- 
 jesty's service. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Copy of a Letter addressed by His Royal Highness the Comr 
 mander in Chief, to General the Earl of Chatham, K. G. or 
 General Officer commanding in the Eastern District, dated 
 MY LORD, Her. Guar^, 17 April, 1812. 
 
 Having laid before the Prince Regent, the proceedings 
 of a General Court Martial, held at Chelmsford, on the J 3th 
 December, 1811, and continued by adjournments to the gjst 
 of February, 1812, for the trial of M ajor Peter Thompson, of the 
 1st Royal Surry Militia, who was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. ' For having, knowingly, and falsely, certified to the muster rolls 
 of the 1st Royal Sui-ry Militia, between the 24th of April, and 30th of 
 August, 1811, both days inclusive, in which muster rolls Private Henry 
 Spong, Seijeant William Parker, Corporal William Page, Serjeant 
 James Thompson, Private William Smyth, and Private Peter Harrill, 
 were returned as effectives in the said regiment, although the said Pri- 
 vate Henry Sprong was discharged, on, or about, the 24th March, 1811, 
 and the said Serjeant William Parker, Corporal William Page, Serjeant 
 James Thompson, and Private William Smyth, between the 8th and 
 20th days of April, 1811, and the said Peter Harrill, on, or about, the 
 29th day of June, 1811. 
 
 2d. 'For having, on, or about, the 1st day of September, 1811, 
 falsely certified that the men's accounts of the regiment, under his com- 
 mand, had been duly settled, by the Captains or Officers commanding 
 companies, in obedience to His Majesty's warrant, bearing date the 1st 
 of September, 1795, and also that the Articles of War and General 
 Orders, had been read to the Officers and men, according to orders ; 
 whereas the greater part of the Captains and Officers, commanding in 
 companies, did not settle the men's accounts themselves, nor were the 
 Articles of War and General's Orders read to the Officers and men, in 
 conformity with the orders on that head ; such conduct being highly de- 
 trimental to His Majesty's service, and to the prejudice of good order 
 and military discipline. 
 
 3d. ' For having, bet\veen the periods ot the- 7th of July, and Stb'of 
 
408 P. Thompson, ^c. 
 
 August, 1811, allowed the undermentioned non-commissioned Officenr 
 and private soldiers, of the 1st Royal Surry Militia, viz. Serjeant Wil- 
 liam Riley, Lance Serjeant James Skeene, Privates William Church- 
 man, William Fairbridge, James Cuddington, William Harris, John 
 Butler, M'illiam Tovvnsend, Thomas Newbury, William Jupp, Charles 
 Absalom, George Shadwell, and John Rosewell, to take the bounty of 
 two guineas each, for extending their services to Ireland, although he. 
 Major Thompson knew, and the Surgeon of the regiment represented to 
 him, that the said non-commissioiled Officers and privates were unfit for 
 His Majesty's service ; such conduct being highly injurious to His Ma- 
 jesty's service, and to the prejudice of good order and military discipline. 
 4th. ' For having, up to the 6th day of September, 1811, kept on the 
 strength of the regiment, and allowed to be mustered as eifectives in the 
 1st Royal Surry Regiment of Militia, the following men, viz. Serjeant 
 Thomas Slater, and drummer Daniel Farmer, although he. Major Thomp- 
 son, knew the said men were unfit for the service of the regiment, such 
 conduct being highly injurious to His Majesty's service, and to the pre- 
 judice of good order and military discipline. 
 
 5th. ' For having allowed, or not taken proper means to prevent the 
 men of the 1st Royal Surry Militia, being charged vpith the carriage of 
 baggage, on the march from Weeley to Norman Cross, between the l/th 
 and 26th days of March, 1811. 
 
 6th. ' For having, between the 20fh March and 1st day of May, 1811, 
 when Private William Austen, of the 1st Royal Surry Militia, was dis- 
 charged, allowed Private James Anneys to be entered on his regimental 
 books, as his substitute, though the said Private James Anneys was ac- 
 tually serving, at that time, in the regiment, and receiving pay, and had 
 been enlisted, and borne on the strength of the regiment, from, on, or 
 about, the 25th of Januaiy, 1811, such conduct being highly injurious 
 to His Majesty's service, and to the prejudice of good order and military 
 discipline. 
 
 7th. 'For having, knowingly, and falsely, certified to the musters, 
 taken of the 1st Royal Smry Militia, on the 24th of Februaiy, 28th of 
 March, 24th of April, 24th of May, 24th of June, 24th of July, and 
 30th of August, 1811, wherein, the undermentioned boys were mustered 
 as effective privates, though they were incapable of bearing arms, and 
 doing duty as private soldiers, viz. William AUam, John Tindley, Tho- 
 mas LuUam, and James Taylor ; and for having, between the 7th of 
 July, and 5th of August, 181 1, allowed the above named boys to take the 
 bounty of two guineas ^ach, for extending their services to Ireland, such 
 conduct being highly injurious to His Majesty's service, and to the pre- 
 judice of good order and militaiy discipline. 
 
 8th. ' For having, knowingly, and falsely, certified to the muster taken 
 of the 1st Royal Suriy Regiment of Militia, on, or about, the 30th of 
 August, 1811, wherein Captain William Harvey Norton, was returned 
 present, although that Officer was then absent from the regiment, such 
 conduct being highly prejudicial to His Majesty's service, and subver- 
 sive of good order and military discipline. 
 9th. ' For knowingly signing a false return of the 1st Royal Surry 
 
p. Thompson, Sfc. 409 
 
 Militia, on, or about^ the 25th of August, 1811, wherein Captain Wil- 
 liam Harvey Norton was returned, as present with the regiment, or a di- 
 vision of it, although that Officer was then absent from the regiment j 
 such conduct being highly prejudicial to His Majesty's service, and sub- 
 versive of good order, and military discipline. 
 
 10th. ' For neglect of duty, in not having taken proper measures to 
 enforce His Majesty's orders being obeyed, relative to the Captains or 
 Officers commanding companies, paying the companies of the 1st Royal 
 Surry Regiment of Militia, from the 1st of January to the 1st of Sep- 
 tember, 1811, whereby the comfort and interest of the soldiers were neg- 
 lected, and the men were subjected to various and gross impositions, and 
 for not taking proper measures to prevent the men of the regiment being 
 charged a higher price for the necessaries, than is allowed by His Ma- 
 jesty's regulations, or, than the necessaries served out to them were 
 worth, such conduct being highly detrimental to His Majesty's service, 
 and subversive of good order, and military discipline.' 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court, having maturely and deliberately considered and 
 examined the evidence laid before it, in support of the prosecu- 
 tion, as also what was offered, by the prisoner, in his defence, 
 are of the following opinions, on the respective charges pre- 
 ferred ao-ainst him. 
 
 o 
 
 On the first charge, the Court are of opinion, that the pri- 
 soner, Major Peter Thompson, of the 1st Royal Surry Regiment 
 of Militia, is Guilty to the following extent, viz. ' in certifying 
 to the muster rolls of the Regiment, wherein the men named in 
 the charge, were returned on the effective strength of the regi- 
 ment, after having received their discharges, but that they were 
 so kept on the strength, in compliance with a long established 
 custom in the Surry Regiment, sanctioned by Officers of supe- 
 rior rank, and from a conviction that he was authorized so to do • 
 but at the same time, the Court feel it their duty to express their 
 disapprobation of such system as highly reprehensible, liable to 
 abuse, and to the prejudice of the service. 
 
 On the 2d, 3d, 4th, and 5th charges the Court are of opinion, 
 that the prisoner is Not Guilty, and do therefore acquit him of 
 those charges. 
 
 On the fcith charge, the Court are of opinion, that the prisoner 
 is Guilty, but that he acted in conformity with the established 
 usage of the regiment, and was not actuated by any bad motive 
 
410 P. Tlwmpson, S(c. 
 
 or intention, or with 3 knov«ledge that such usage was injurious 
 to His Majesty's service. 
 
 On the 7fh charge, the Comt are of opinion that the prisoner 
 is Guilty of the charge, but, that he kept the boys in question, 
 on the streijgth of the regiment, with the knowledge, approba- 
 tion and sanction of the Colonel, Lord Grantly, and in the in- 
 stance 9f Tindley, by his Lordship's express directions. 
 
 On the 8th and Qth charges, the Court are of opinion that the 
 Iprisoiier is Guilty of falsely, but not knowingly or wittingly cer- 
 tifying fQ the muster rolls, and signing the monthly returns in 
 question, in which the prisoner shewed a want of caution, but 
 no criminal intention ; and the Court feel it their duty to observe 
 on the conduct of the prosecutor, in preferring charges of a most 
 serious nature against an Officer, founded on an error in a return, 
 which, in the present instance, could only have proceeded from 
 mistake, and for which no bad motive is even imputed to the 
 prisoner. 
 
 On the lOth charge, the Court are of opinion that the evi- 
 dencej" in ' support of the prosecution, does not establish the 
 fsicts stated therein, do, therefore, acquit the prisoner of this 
 charge ; but the Court cannot avoid remarking, that, had the 
 exertions 'of Major Thompson, when in command of the regi- 
 ment, been of a njore extended nature, the impositions complained 
 of, could not have been unknown to him, or have passed unno- 
 ticed, nor could the interest and comforts of the soldiers been in 
 any rnahner neglected. 
 
 The want of exertions, the Court are more disposed to attri- 
 bute to' the prisoner's advanced period of life, than to a wilful or 
 intentional neglect of duty. 
 
 -The Court do, therefore, adjudge the prisoner, Major Peter 
 Thompson, of the 1st Royal Surry Regiment of Militia, to be 
 dismksed. His Majesty's Service. But they feel themselves 
 obliged, with the greatest regret, to pass this sentence on the pri- 
 soner; in compliance with the Articles of War, as they conceive 
 that he erred unintentionally, and that he had no design to coun- 
 tenance, or even permit any practices injurious to the interests of 
 the soldiers under his command, or prejudicial to His Majesty's 
 service; they also beg leave most respectfully to submit, for the 
 
T. Thompson, ^c^ 411 
 
 gracious consideration of His Royal Highness the Prince Regent^ 
 the leiigth of confinement the prisoner has undergone, (in itself 
 no small punishment) the disappointment he has experienced in 
 his trial being so often deferred to make way for those of OflBcers 
 of inferior rank, the number of years (54) that he has been in 
 His Majesty's service, during which period he has conducted 
 himself with honour and credit, as appears by the testimony of 
 several Officers of rank and distinction, to his hitherto irre- 
 proachable character ; and they do, therefore, recommend him 
 most earnestly to His Royal Highness's clemency. 
 
 The Court cannot conclude their proceedings without noticing 
 what appears to them, the unnecessary severity of the prosecutor. 
 Major General Ackland, in putting the prisoner. Major Thompson, 
 under close confinement to the barracks during an adjournment 
 of the Court, for the purpose of enabling him to prepare his de- 
 fence, and the refusal to indulge him with greater liberty, although 
 the Court applied to Major General Acland in his favour, sug- 
 gesting the expediency of granting to the prisoner such indul- 
 gence, as it might facilitate the examination of his witnesses, and 
 that he might thereby be enabled to enter earlier upon his de- 
 fence. 
 
 The Court, injustice to the arduous task imposed upon them, 
 do further feel themselves called upon to mark with their indig- 
 nation, the indecent and indelicate manner in which the acting 
 prosecutor, in his reply, personally alluded to the prisoner. 
 
 The Court did hope that the old age of Major Thompson, so 
 calculated to command respect, would have secured him the 
 commisseration of the acting prosecutor, and protected him from 
 acrimonious and opprobrious language. 
 
 1 am to acquaint your Lordship, that his Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove and confirm the finding and sentence of the Court. 
 
 I am, at the same time, commanded to acquaint your Lordship, 
 that it is a subject of serious regret to the Prince Regent, that 
 an Officer of Miyor Thompson's great age and respectable cha- 
 racter, should have countenanced transactions so highly injurious 
 to the interests of the service, as those which have appeared in 
 evidence upon the face of the proceedings, and though it would 
 
412 T. ,C. Thompson, Sic. 
 
 be gratifying to His Royal Highness to give full eflfect to the 
 recommendation of the Court, in favour of so old an Officer, 
 yet a consideration for what is due to the good of the service 
 interfered with His Royal Highness's disposition, to extend his 
 entire forgiveness to the prisoner ; but as the Prince Regent is 
 willing to believe that the several offences, described in the 
 charges, had ratlier arisen from the culpable and improper con- 
 duct of other Officers, to which the prisoner did not sufficiently 
 turn his attention, than from any collusion or personal participa- 
 tion in those offences. His Royal Highness was most graciously 
 pleased to command, that the prisoner. Major Thompson, should 
 be released from the severity of the sentence, by which he is 
 * dismissed His Majesty's service,' and that the same should be 
 substituted by removal from the 1st Royal Surry Regiment of 
 Militia. 
 
 The Prince Regent was at the same time pleased to command, 
 that it should be intimated to the Court, that they have most 
 improperly exceeded their duty, and assumed a power they did 
 not possess, in commenting upon the measures which the General 
 Officer commanding the brigade thought it necessary to adopt 
 towards the prisoner, and in imputing improper motives to him 
 in the discharge of that duty for which he was responsible to the 
 
 service. 
 
 I am. Sic. 
 (Signed) FREDERICK, Commander in Chief. 
 
 Copy of a Letter addressed by His Royal Highness the Com- 
 mander in Chief, to General the Earl of Chatham, K. G. or Ge- 
 neral Officer commanding the Eastern District, dated 
 
 Horse Guards, 17 th April, 1812. 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 of a General. Court Martial, held at Chelmsford, on the 18th 
 October, 18 1 1, and continued by adjournments to the 26th of 
 the same month, for the trial of Captain Thomas Churchill 
 Thompson, of the 1st Royal Surry Regiment of Militia, who 
 was arraigned upon the undermentioned charge, viz. 
 
 ' For havhig drawn and received pay for Private Henry Spong, at 
 
T. C.Thompson, S^c. 413 
 
 different periods, between the 1st day of April, and the 1st September, 
 1811, when the same private Henry Spong was actually dischai-ged 
 from the 1st Royal Snrry Regiment of Militia, on, or about, the 24th 
 of March, 1811, such conduct being highly detrimental to His Majesty's 
 service, and to the prejudice of good order and military discipline.' 
 Upon which, charge the Court came to the following decision : 
 The Court, having most maturely considered the evidence in 
 behalf of the prosecution, together with what the prisoner, Cap- 
 tain Thomas Churchill Thompson, has urged in his defence, are 
 of opinion, that in drawing and receiving pay for Private Henry 
 Spong, as specified in the charge, he has not been guilty of the 
 smallest intentional crime, nor actuated by corrupt, fraudulent, 
 or interested motives, and, therefore entitled to a full and honour- 
 able acquittal, and he is hereby most fully and honourably ac- 
 quitted. 
 
 I am to acquaint your Lordship, that under all the circum- 
 stances of the case, His Royal Highness was pleased, in the 
 name and on the behalf of His Majesty, to acquiesce in the 
 sentence of the Court. 
 
 I am, at the same time, to desire that your Lordship will ex- 
 press the Prince Regent's surprise and regret, that the Court 
 Martial, whereof Colonel R. Bingham, of the Dorset Militia, 
 was president, and the following Officers were members : 
 Majors H. T. Custance, West Norfolk Militia, 
 
 F. Yates, Royal Cumberland Militia, 
 
 William Cheshire, Louth Militia, 
 
 George Scott, Edinburgh, Militia, 
 
 J. H. Alcock, Waterford Militia, 
 
 P. Brown, South Mayo Militia, 
 
 J. B. Pocock, Royal Berks Militia, 
 
 A. O'Shee, Waterford Militia, 
 Captains P. Meggs, Dorset Militia, 
 
 J. Cockram, Dorset Militia, 
 
 W. Alexander, Edinburgh Militia, 
 
 J. Somerville, Edinburgh Militia, 
 
 William M'Donald, Edinburgh Militia, 
 
 W. Eraser, Edinburgh Militia, 
 should have adopted a judgment so perfectly inconsistent with 
 their finding ; inasmuch as the Court admits the prisoner to liave 
 
-^l* J. Ford, Ifc. 
 
 cottinitted the act described in the charge, wWdi is not only 
 most incorrect in itself, but contrary to every principal of law, 
 order, and regulation, and proceeds to acquit him of motives 
 which have not been alleged against him. 
 
 I am further commanded to order, that until a due investiga- 
 tion shall take place into the system of the corps, which could 
 have professed to sanction, by usage, the practice charged against 
 the pri«oner,and admitted by the Court, Captain Thomas Churchill 
 Thompson shall be prohibited from joining, and doing duty with 
 the 1st Boyal Surry Regiment of Militia. 
 
 I am, &ic. 
 (SSgned) FREDERICK, Commander in Chief. 
 
 Copy of a Letter addressed by His Royal Highness the Com- 
 mander in Chief, to General the Earl of Chatham, K. G. or 
 General OflBcer commanding in the Eastern District, dated 
 MY LORD HoneGvards, nth April, 1812. 
 
 Hiving laid before the Prince Regent the proceedings 
 of a GeAeial Court Marti^lyheld at Chelmsford, on the J 8th of 
 October, 1811, and continued by adjournments to the 15th of 
 November following, for the trial of Captain John Ford, of the 
 1st Royal Surry Regiment of Militia, who was aiTaigned upon 
 the undermentioned charge, viz. 
 
 ' For having, during the whole or a great part of the period between 
 the 1st day of January, and the lOth September, 1811, neglected to pay 
 his company himself, in obedience to His M^esty's orders, and for hav- 
 ing sdlowed the wife, or the reputed wife. Of Serjeant Major Allingham, 
 to pay the men of his company, and provide them with necessaries, by 
 which means the comfort and interests of the soldiers Wefe not attended 
 to, the men charged more than they ought to have been for necessaries, 
 and subjected to various impositions ; such condiict being highly detri- 
 mental to His Majesty's service, and to the prejudice of good order! and 
 military discipline.' 
 
 Upon vrhich charge the Court came to the following decision : 
 The Court are of opinion, that the prisoner. Captain John 
 Ford, is Guilty of the charge preferred against him, in breach of 
 the Articles of War, but taking into their most Serious consi- 
 deration, all the circumstances detailed in Evidence, and the very 
 high and honourable character given him by his CcJdnel, and 
 
J. Ford,&;c. i\5 
 
 other Officers, do sentence him to be reprimanded",^ in such 
 manner as His Royal Highness the Prince Regfent, in the name 
 and on the behalf of His Majesty, may be pleased to direct, and 
 further to be suspended from rank and pay, for the space of one 
 calendar month. 
 
 I am to acquaint your Lordship, that under all the circum- 
 stances of the case. His Royal Highness was pleased, in the 
 name and on the behalf of His Majesty, to approve the finding 
 of guilt, and to confirm so much of the sentence of- the Court, 
 as adjudges the prisoner. Captain Ford, to be reprimanded, and 
 suspended for one month, from rank and pay. 
 
 I am, at the same time, to acquaint your Lordship, that upon 
 a careful consideration of the whole evidence, as detailed on tlie 
 face of the proceedings, the Guilt of the prisoner, as found by 
 the Court, appeared to the Prince Regent to have been so fully 
 established, as to have demanded a sentence more adequate to 
 the nature of an offence, involving the first and most important 
 duties of every Officer in the service, of the rank of Captaiti 
 Ford ; and as no evidence to general good character, can, in any 
 propriety, be offered in extenuation of such dereliction of duty 
 to the country, and to the service in particular, as appears t* 
 have attended the guilt of the prisoner, whose admission of error 
 in not paying his own company, contrary to the standing orders 
 of the army, by which a system of gross imposition was admitted 
 on the part of Mrs. Allingham, to whom that duty is proved to 
 have been most improperly intrusted, would appear of itself to 
 have been sufficient to point out to the Court, the ill-judged ap- 
 plication of lenity to the nature of the case, brought under their 
 investigation. 
 
 Under these circum^ances, the Prince Regent considered it 
 to be due to tlie discipline and paramount interests of tlie ser- 
 vice, that the expression of His Royal Highness's marked dis- 
 pleasure, should be conveyed to the Officers of the Court Mar- 
 tial, whereof Colonel R. Bingham, of the Dorset Militia, was 
 president, and the following Officers were members : 
 Majors H. T. Custance, West Norfolk Militia, 
 F. Yates, Royal Cumberland Militia. 
 W. Cheshire, Lotith Militia, 
 
416 R. Frizell, ^c. 
 
 Geo. Scott, Edinburgh Militia, 
 
 J. H. Alcock, Waterford Militia, 
 
 P. Brown, South Mayo Militia, 
 
 J. B. Pocock, Royal Berks Militia, 
 
 A. O'Shee, Waterford Militia, 
 CaptainsP. Meggs, Dorset Militia, 
 
 J. Cockram, Dorset Militia, 
 
 W. Alexander, Edinburgh Militia, 
 
 J. Soraerville, Edinburgh Militia, 
 
 W. M'Donald, Edinburgh Militia, 
 
 W. Eraser, . Edinburgh Militia, 
 for this very insufficient sentence, upon their own finding of 
 guilt against the prisoner. 
 
 I am further commanded to order, that, until a general inves- 
 tigation shall be instituted, into the system of a corps, under 
 which such practices could be tolerated, as those which appfear 
 on the face of the proceedings. Captain Ford shall be prohibited 
 from joining or doing duty with the 1st Royal Surry Regiment 
 of Militia. 
 
 Your Lordship will acquaint me with the day: upon which the 
 sentence is made known to the prisoner, as from that day the sus- 
 pension from rank and pay will take effect. 
 
 I am, &c. 
 (-Signed) FREDERICK, Commander in Chief. 
 
 Copy of a Letter, addressed by His Royal Highness the Com- 
 mander in Chief, to General the Earl of Chatham, K. B. or 
 General Officer, commanding in the Eastern District, dated 
 
 „ Horse Gmrds, 17 April, 1812. 
 
 MY LORD, 
 
 Haviiig laid before the Prince Regent the proceedings of 
 a General Court Martial, held at Chelmsford, on the 30th De- 
 cember, 1811, and continued by adjournments to the 10th of Ja- 
 nuary, 1812, for the trial of Captain Richard Frizell, of the 
 1st Royal Surry Militia, who was arraigned upon the undermen- 
 tioned charges, viz. 
 
 Is. ' For disobedience of His Majesty's orders, in having, during the 
 whole or part of the periods between the 1st of September, 1810, and 
 1st September, 18 II, neglected to pay his company himself, and for 
 
I. Hunter, Sfc. 417 
 
 allowing Serjeant John Medley, and the wife, or reputed wife, of the 
 said Serjeant John Medley to do so, by which means the comfort and 
 interest of the soldiers were not attended to, the men were charged 
 more than they onght to have been, for necessaries, or than such ne- 
 cessai'ies were worth, and the soldiers were subjected to various impo- 
 sitions ; such conduct being highly detrimental to His Majesty's ser- 
 vice, and to the prejudice of good order and military discipline. 
 
 2d. For highly irregular and unmilitary conduct, in having, during 
 the whole or part of the periods between the 24th of February, and 6th 
 of June, 1809, drawn pay (or allowed his pay Serjeant to do so) for 
 Private Joseph Wood, late of his company, in the 1st Royal Surry 
 Militia, although the said Joseph Wood died, on, or about, the 22d Fe- 
 bruary, 1809.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having taken into their serious consideration the 
 evidence produced by the prosecutor and prisoner, as well as 
 the defence and reply, are of opinion that the prisoner, Captain 
 Richard Frizell, 1st Royal Surry Militia, is Guilty of the charges 
 preferred against him, in breach of the Articles of War, and do, 
 therefore, sentence him to be dismissed the service ; but in con- 
 sequence of the good character given him by his Colonel, and 
 other OfBcers of the regiment, as well as the documents pro- 
 duced before the Court, beg leave to recommend him to the 
 clemency of His Royal Highness the Prince Regent. 
 
 I am to acquaint your Lordship, that His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove and confirm the finding and sentence of the Court. 
 
 Your Lordship will, therefore, acquaint me with the day upon 
 which the sentence is made known to *the prisoner, Captain 
 Richard Frizell, as from that day, he will cease to receive pay 
 in His Majesty's service. 
 
 I am, &c. 
 (Signed) FREDERICK, Commander in Chief. 
 
 Copy of a Letter, addressed by His Royal Highness the Com- 
 mander in Chief, to General the Earl of Chatham, K. G. or 
 General Officer Commanding the Eastern District, dated 
 
 MY LORD ■^'"^*^ Guards, 17 April, 1812- 
 
 Having laid before the Prince Regent the proceedings 
 
 of a General Court Martial, held at Chelmsford, on the l6th of 
 
 E E 
 
4'*^- I. Hunter. 
 
 November, 18U, aad etifttinued by adjourumeuts to the 11th of 
 December following, for the trial of Lieutenant and Paymaster 
 Isaac Hunter, of the 1 st Royal Surry Militia, who was arraigned 
 upon the undermentioned charges, viz. 
 
 1st. ' For having falsely mustered and drawn pay for the undermen- 
 tioned men as effective, belonging to the 1st Royal Surry Regiment of 
 Militia, between the 1st of March, and the 1st of September, 1811, viz. 
 Private Henry Spong, on the 24th of May, the 24th of June, the 24th 
 of July, and the 30th of August; Serjeant Wilham Parker on the 24th 
 of April, the 24th of May, the 24th of June, and for mustering him as 
 effective the 24th of July ; Corporal William Page on the 24th of April, 
 and the 24th of May, and fiirther, for having diawn pay fo'r him to the 
 12th of June ; Serjeant James Thompson, on the 24f3i of April and the 
 24th of May; Private William Smyth, on the 24th of April, the 24th of 
 May, and the 24th of June, and Private Peter Harrill on the 24th of 
 July, although the above-mentioned Private Henry Spong was discharged, 
 on, o^ about, the 24th of March, 1811, and the abovementioned Ser- 
 jeant William Parker, Corporal William Page, Seijeant James Thomp- 
 son, and Private William S&iytb, were each of them severally discharged 
 between the 8th and 20th of April, 1811, and the abovementioned Peter 
 Harrill, on, or about, the 29th day of June, 1811. 
 
 2d. ' For making false musters of the 1st Royal Sui'ry Regiment of 
 Militia, on the 24th of Febra^y, 28th of March, 24th of April, 24th ol^ 
 May, 24th of June, 24th of July, and 30th of August, 1811, in having 
 mustered the undermentioned- boys as effective privates ; whereas they 
 were incapable of bearing arms, and doing duty as private soldiers, viz. 
 Wilham Allum, John Tindley, Thomas LuUum, and James Taylor, ^nd 
 having drawn pay for the above-mentioned boys as effective privates, 
 from the 24th of January to the 24th of August, 1811 ; such conduct 
 being highly injurious to His Majesty's service, and to the prejudice of 
 good order and militai-y discipline. 
 
 3d. ' For having made fi false muster of the 1st Royal Suny Regiment 
 of MiUtia, on, or about, the 30th of August, 1811, wherein Captain 
 William Harvey Norton was returned present, though that officer was 
 then absent from the regiment ; such conduct beipg highly prejudicial to 
 His Majesty's service, and subversive of good order and militaiy disci- 
 pliije.' 
 Upon which charges the Court came to the following decision : 
 The Court, having heard, read, E^nd revolved in their minds, the 
 evidence on behalf of the prosecution, and taken into its seriojis. 
 consideratioii the observations as well of the prisoner as the pro- 
 secutor, apd, having most attentively weighed every circumstance 
 detailed in evidence, is of opinion, that the prisoner is Not Guilty 
 of having falsely mustered and drawn pay for the men mentioned 
 in the first charge, and of making false muster? of the boys, spe- 
 
/. Hunter. 419 
 
 cified in the second charge, and drawing pay for them as eflfective 
 privates, so as to bring him within the purview of the Mutiny- 
 Act and the Articles of War, and does, therefore, acquit him of 
 the first and second charges. 
 
 The court, being further of opinion that the third charge has 
 no foundation but in error, and that the prisoner could derive no 
 advantage, or have any sinister view, in such unintentional mis- 
 take, does also acquit him of the said charge. 
 
 I am to acquaint your Lordship, that, under all the circumstances 
 His Royal Highness was pleased, in the name and on the behalf 
 of His Majesty, to acquiesce in the Sentence of the Court. 
 
 In approving of the finding of the Court, on the third charge, 
 the Prince Regent was pleased to command, that your Lordship 
 should express his extreme surprise that the Court Martial, 
 whereof Colonel R. Bingham, of the Dorset Militia, was Presi- 
 dent, and -the following Officers were members : 
 Majors H. T. Custance, West Norfolk Militia, 
 
 V. Yates, Royal Cumberland Militia, 
 
 Wm. Cheshire, Louth Militia, 
 
 Geo. Scott, Edinburgh Militia, 
 
 J. H. Alcock, Waterford Militia, 
 
 P. Brown, South Mayo Militia, 
 
 J. B. Pocock, Royal Berks Militia, 
 
 A. O'Shee, Waterford Militia, 
 CaptainsP. Meggs, Dorset Militia, 
 
 J. Cockram, Dorset Militia, 
 
 AV. Alexander, Edinburgh Militia, 
 
 J. Somerville, Edinburgh Militia, 
 
 Wm. M'Donald, Edinburgh Militia, 
 
 Wm. Eraser, Edinburgh Militia, 
 should conceive that the facts of false mustering, which would 
 appear to be proved under corroborating evidence, did not fall 
 within the purview of the Mutiny Act and Articles of War. The 
 Prince Regent was also pleased to remark, that overt acts of im- 
 propriety could not receive a sanction under the plea of a regi- 
 mental usage, which is at variance «ith the Articles of War, and 
 the general rules of the service, and that the Sentence of the 
 Court is so inconsistent with the nature of the evidence, that His 
 
 E £ 2 
 
^ Captain Datoson. 
 
 Royal Highness would have ordered the return of the proceed- 
 ings for revisal, were it not that the nature of the case calls for a 
 general investigation into the state of the 1st Royal Surry Regi- 
 ment of Militia. 
 
 Until die system of the corps shall be so investigated, under 
 which die practices charged against the prisoner, and detailed m 
 evidaice, conld profess to have been sanctioned by long usage. 
 His Royal Hi^mess is pleased to order, that Lieutenant and 
 P^mast£a- Hiiiit» shall be prohibited from joining and doing 
 Arty with die 1st Royal Sorry Militia. 
 
 I am. Sec. 
 (S%Ded) FREDERICK, Commander in Chief. 
 
 G. O. Hone Guards, 10 Avg. 1812. 
 
 Widi refesience to die General Order which was issued to the 
 Aivy, OB die ISlh J one la^ on die subject of abuses and irre- 
 gdaities which hare bees conanitted in the First Royal Surry 
 Ifc i giim y l <tf )IAia, Ae Commander in Chief has directed, that 
 the ioBomm^ copy rf a Letter, which was addressed by His 
 Rs;^ Hi^li ■. OB dK 6di instant, to the General Officer, com- 
 :MaMfer the Eastern IKstiic^ respecting Captain Joseph Dawson, 
 of the l5: Begiifiit of Surry MiEtia, shall be read .at the head 
 ttf^ecerr re«BMBl^ and enteied in the gomal order book of each 
 
 CTpSl. 
 
 By comiB^id ctf H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 Cof^ of X LeUer addressed by His Royal Highness the Com 
 MMifer a CTiir^ to Gcseial the Earl of Qiadiam, K. G. or Ge- 
 ■eni OfioET ontmiiid^ die Eastern District, dated 
 
 EoneGmrdx, 6 Aug. 1812. 
 MY LOKD, 
 
 \m ve^er^nx to ifce Prince R^oit's commands, as con- 
 iei«d ■■ my iMtei of die 13th June last, that a General Court 
 MiHid shodd be xsseidded for the trial of Captain J. Dawson, 
 ot the Fire; RjtJ Strrv Raiment of Militia, according to the 
 i^^Mest made by that 06cer, b^rae the Board of General Offi- 
 cers, a^fefsUed to iavest^te the abuses and irregularities pre- 
 
C. S. Meredith 421 
 
 valent in that corps, I am now to acquaint you, that although the 
 misconduct of Captain Dawson appeared to be of a more cul- 
 pable nature, than that of others who have already incurred the 
 penalty of removal from the service, inasmuch as he appeared to 
 be himself guilty of those gross instances of peculation and in- 
 justice, which certain of his brother Captains permitted to be 
 practised by the pay-serjeants of their respective companies ; 
 yet, under all the circumstances of the case, I have considered it 
 expedient to submit to the Prince Regent, that the application of 
 Captain Dawson, to withdraw his request for a Court Martial, 
 shall be acceded to, upon the condition of his dismissal from His 
 Majesty's service, with such marked publicity as may be consi- 
 dered due to the infamy of conduct acknowledged by the pri- 
 soner's desire to avoid investigation, and his voluntary acqui- 
 escence in such penalty. 
 
 I have therefore to acquaint you, that the Prince Regent has 
 been pleased, in the name and onthe behalf of His Majesty, to 
 command, that Captain Dawson shall be dismissed from His 
 Majesty's service accordingly, and that the grounds of such dis- 
 missal shall be circulated throughout the army, in reference to 
 the communications of the decisions already passed upon irregu- 
 larities of the First Surry Militia, in which the intimation of 
 Captain Dawson's trial by Court Martial was included. 
 
 Your Lordship will acquaint me with the day upon which the 
 Prince Regent's pleasure is made known to Captain Dawson, 
 as from that day he will cease to receive pay in His Majesty's 
 service. 
 
 I am, &c. 
 
 (Signed) FREDERICK, Commander in Chief- 
 
 CAPT. COURTLANDT S. MEREDITH.— 1812. 
 
 Horse Guards, 27 April, 1812, 
 At a General Court Martial, held at Hythe, on the 21st Fe- 
 bruary, 1812, and continued by adjournments to the 7th of March 
 following. Captain Courtlandt Skinner Meredith, of the 85th Re- 
 giment of Foot, or Bucks Volunteers, was arraigned upon the 
 undermentioned charges, viz. 
 
422 C. S. Meredith. 
 
 l.rt. 'Far scandalons and infamous conduct, highly unbecaming the 
 conduct of an Officer and a Gentleman, in haying signed false acquits 
 tance nJls of his company, for the months of November and December, 
 1810, wherein he certifies, upon his honour, that the balances due to the 
 mai of his company, were paid by him, for those periods, according to 
 His M^esty's legidations.andor^r of the regiment; whereas, several of 
 flie men were not paid thdr balances for the above period, as certified, 
 he having jih^ihtJ die men to sign their accounts, and prevented them 
 from maVing oonqilaiiit to dieir Commanding Officer, by a promise of 
 immf i Pa t e paiymeot, but wfaidi promise, he. Captain Meredith, did not 
 as, diadiy I fa di i^ his Commanding Officer into great error, and lay- 
 log l2se Caaptlatwa of much discontoit among the men ; such conduct 
 iiea^ k^Uy agmaas to Ae raiment, and prejudicial to the service. 
 
 2iL 'For BBiiiBmlike and nngentkmanlike conduct, in having, on, or 
 ibmt, de 23d of FdHsaiy, 1811, wiittem afletter to the agents, Messrs. 
 Gtesam<ooi, Ccs and Co, wlieiein, he, Cafitain Comtlandt Skinner Me- 
 jvSA, st^Es, that he bad grc^ai eveiy man of his company credit, up to 
 Ac '2-iii of JanBary, I'^'A, indnsive, £»- all aDowances that were due to 
 tfaesij die aibofe susemaitbai^ without finndatian, such conduct being 
 hijjil j 9ib«asre of good crier and militaty discipline. 
 
 3d. 'FirlBtit::? eBLbecded,ar imsi^pliedjtwD days'paybelon^g to 
 the aea of Us nwmfei^, iJE. for* die 23d and 24th January, 1811, at 
 HaUs^ V Ae coBBty at S-but&, haiii^ received the same from Pay- 
 Bssis' Haaby, of :ze g3& BtTjimwil, to die 2-lth Jannaiy, 1811, in- 
 cfaave. iiV coedect heii^ conUaiT to His M^esty's r^ulations, dis- 
 Mjtri'iJ -.rj i^ssM as SB OSiii I, and highly injurious to the service.' 
 
 UpoB wUch ck iigea die Court came to the followii^ decision : 
 
 Tfe Cio^rl^ faznug most matorelv debberated upon, aud most 
 
 a Uertiid y ve^lied and ctMisidered the whole of the evidence 
 
 aad matter, vhicfa '25 beea bionght forward in support of the 
 
 dooses prefened agamst die prisoner, Captaia Conrtlaudt Skin- 
 
 nef Mere£^ of die S 5m Regimeni, together with what he hath 
 
 cSered in H; defence, is rf opiuicw, in reference to the first 
 
 cbirj^?. diat he. the {M^oner, is Guilty, in part of the same, viz, 
 
 ' aa kavias sssaed ialse acquittance rolk, for his company, for the 
 
 j-:--f:j of NaTember^rf December, ISIO, wherein he certifies, 
 
 <^wNi bis boaour, ^kat the balances due the men of his company, 
 
 m«re pwd by him fiw those periods, according to His Majes^s 
 
 T«£«[htioas and Ofder of &e regiment, whereas several of the 
 
 men w«¥ aot paii tfceir bafcnces Cor the above period, as certi- 
 
 fi«!d :" but as it has not ^peai«d to the Court, that he, Captaia 
 
 Mere<fid^ Ad so &wn any ftaudulent mo^e, the Court doth 
 
 acmit bi■^ die priscaer, of scandalous and infemou* conduct, as 
 
 esp(«ss«d k the said charge, togetber with the latter part of the 
 
C. S. Meredith. 415 
 
 same, viz. ' having induced the men to sign their accounts, and 
 prevented them from making complaints to their Commandmg 
 Officer, by a promise of immediate payment, but which promise, 
 he, Captain Meredith, did not fulfil, thereby leading his Com- 
 liiahding Officer into great error, and laying the foundation of 
 much discontent amongst the men,' as he, the prisoner, is Not 
 Guilty thereof. 
 
 The Court are further of opinion, that he. Captain Courtlandt 
 Skiimer Meredith, is Guilty of the 2d charge exhibited against 
 him. 
 
 In reference to the 3d charge preferred against the prisoner, 
 Captain Courtlandt Skinner Meredith, the Court is of opinion, 
 that he is Not Guilty, for it appears to the; Court, that the sum 
 of money at that time (and still) due to Captain Meredith, on the 
 balance-account of such men as were not actually paid by him 
 the two days' pay in question, and who were transferred to another 
 company, was sufficient to have paid the two days' pay, for the 
 23d and 24th of January, 1811; and according to the usual 
 custom of the service, he, the prisoner, might naturally conclude 
 the same would have been done ; the Court doth therefore acquit 
 him, Captain Courtlandt Skinner Meredith, of the 3d charge. 
 
 It however appears to the Court, notwithstanding the very fa- 
 vourable testimonies they have received of the prisoner's former 
 good character, and their acquittal of the prisoner from any frau- 
 dulent intention, that great impropriety nevertheless is attached 
 to his conduct, in such parts of the charges (before enumerated) 
 as he hath been found guilty of, and the Court doth therefore 
 sentence him. Captain Courtlandt Skinner Meredith, of the 85th 
 Regiment, to be suspended from his rank and pay as ah Officer, 
 for the space of six calendar months, and further to be publicly 
 and severely reprimanded in the general orders of the army. 
 
 Although the conduct of the Court was irregular, in admitting 
 the proceedings of a court of inquiry, as evidence on this trial, 
 yet as they appear to have been justified- by unobjectionable evi- 
 dence," in their ultimate conclusion, the Prince Regent Was there- 
 fore pleased, in the name and on the behalf of His Majesty, to 
 approve and confirm their finding and sentence. 
 
 The Commander in Chief directs, that the charges; prefeiTed 
 
424, S. Eastaugk. 
 
 against Captain Meredith, of the 85th Regiment, together with , 
 the finding and Sentence of the Court, shall be read at the head 
 pf every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander ip Chief. 
 
 HARRY CALVERT, Adj. Gen, 
 
 LIEUTENANT S. EASTAUGH.— 1812. 
 
 Horse Guards, 28 April, 1812. 
 
 At a General Court Martial, held at Gosport Barracks, on the 
 3d of March, 1812, and continued by adjournments to the 13th 
 of the same month. Lieutenant S. Eastaugh, of the, Wiltshire 
 Regiment of Militia, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For sleeping out of the ship (Kron Princessen, Portsmouth 
 Harbour) contrary to garrison orders, on the night of the 15th Novem-. 
 ber, 1811. 
 
 2(1. ' For contempt to me, as the commander of the ship, on, or about, 
 the 20th or 22d November, and Qth, 19th, and 23d December, 1811. 
 
 3d. ' For quitting the ship in my absence, contrary to ganison orders, 
 on the 11th and 1 4th December, 1811. 
 
 4th. ' For neglect of duty, for not visiting the sentinels, and parading 
 his guard, agreeable to the ganison orders, between the 8th, 11th, 12th 
 and 19th of December, 1811. 
 
 5th. ' For endeavouring to cause the officers, ship's company, and 
 prisoners of war, to disrespect me, and disobey my orders, particularly 
 on the 9th, 11th and 19th December, 1811. 
 
 (Signed) ' ALEXANDER BRODIE, 
 
 ' Lieut. Royal Navy.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having most maturely weighed and considered the 
 evidence adduced on the part of the prosecution, as well as what 
 has been offered by the prisoner in his defence. 
 
 As to the first charge, the Court is of opinion that the prisoner 
 is Guilty. 
 
 With regard to the second charge, the Court is of opinion that 
 the prisoner is Not Guilty, and does, therefore, acquit him thereof. 
 
 The third and fourth charges, the Court is of opinion have not 
 been proved. 
 
 And of the fifth charge, the Court is of opinion the prisoner is 
 Not Gi^ilty, and does, therefore, acquit him of it. 
 
F. Cooper. 425 
 
 The Court, having found the prisoner Guilty of the first charge, 
 being a breach of the Articles of War, does, therefore, sentence 
 him to be publicly reprimanded at such time and place, and in 
 such manner as His Royal Highness the Commander in Chief 
 shall think fit to direct. 
 
 The Court, having acquitted the prisoner of the second and 
 fifth charges, cannot refrain from observing, that it has been in- 
 fluenced in pronouncing its acquittal, by the very unwarrantable 
 conduct of the prosecutor toward the prisoner, while on board 
 Kron Princessen, prison ship, which has appeared not only from 
 the evidence adduced by the prisoner in his defence, but also 
 from that brought forward by the prosecutor himself, in support 
 of his charges, and which has clearly shewn that a spirit of dis- 
 cord, which was mutual, existed between both prisoner and pro- 
 secutor, ill calculated to promote unanimity between the two 
 services. 
 
 The Court also feels itself called upon to observe, that in pre- 
 ferring an accumulation of charges, which he was so ill prepared 
 to prove, the prosecutor appears to have been solely actuated by 
 motives of revenge, and private resentment, and not by any wish 
 to promote the good of His Majesty's service. 
 
 His Royal Highness the Prince Regent having been pleased, 
 in the name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court, the Commander in 
 Chief directs, that the foregoing charges, preferred against Lieu- 
 tenant Eastaugh, of the Wiltshire Regiment of Militia, together 
 ■with the opinion and Sentence of the Court, shall be read at the 
 head of every corps, and entered in the general order book. 
 
 By Command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Eastaugh is still borne on the list of the 
 Wiltshire Militia. — Editor. 
 
 LIEUTENANT FREDERICK COOPER.— 1812. 
 
 Horse Guards, 29 April, 1812. 
 At a General Court Martial, held at Dover Castle, on the 131;h- 
 
426 F. Cooper. 
 
 of March, 1812, and continued by adjournments to the l6th of 
 the same month, Lieutenant Frederick Cooper, of the 3d Royal 
 Lancashire Militia, was arraigned upon .the undermentioned 
 charges, viz. 
 
 1st. For having, on the evening of the 6th February, 1812, committed 
 a breach of the standing orders of the army, by taking off his sash, un- 
 buttoning his coat, and being otherwise loosely attired, vtrhen on duty as 
 a subaltern of the picquet, at the Guildford battery, Dover, on the 6th 
 February, 1812. 
 
 2d. ' For having resisted the authority of Captain Barton, then cap- 
 tain of the picquet, and making use of noisy and . ii'ritating language, 
 whilst the captain was directing Ensign Haugh, 3d Royal Lancashire 
 Militiai to quit the picquet room, where he had been introduced by Lieu- 
 tenant Cooper, and for debating with Ensign Haugh, as to the propriety 
 of Captain Barton's orders, in the yard of Guildford battery, in the face 
 of the men, on the evening of the 6th Februaiy, 1812, thereby creating 
 a disturbance among the men, to the pejudice of good order and mili- 
 tary disciphne. 
 
 3d, ' For highly ii-regular and unofficerrlike conduct, in appealing to 
 the Serjeants of the picquet, and the men, whilst Captain Barton was 
 giving his orders, on the evening of the 6th February, 1812.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having most maturely deliberated upon, and most 
 attentively weighed and considered the whole of the evidence 
 and matter, which has been brought forward by Captain Barton, 
 in support of the charges exhibited against Lieutenant Frederick 
 Cooper, 3d Royal Lancashire Militia, together with what the 
 prisoner hath brought forward in support of his defence, is of 
 opinion that he, the prisoner, is Not Guiltyof any of the three 
 charges before enumerated, and the Court does, therefore, most 
 fully and honourably acquit him. Lieutenant Frederick Cooper, 
 of all and every part of the same. 
 
 The Court feel themselves bound to express their disapproba- 
 tion of the circumstances connected with the charges brought 
 forward by Captain Barton against Lieutenant Cooper, and which 
 appear to the Court to have originated in want of reflection, and 
 intemperate conduct, on the part of the prosecutor, and upon 
 which condact the Court are under the painful necessity of ani- 
 madverting in the present severe terms. 
 
 His Royal Highness was pleased, in the name and on the be- 
 half of His Majesty, to approve and confirm the finding of the 
 
J. Haugh. 427 
 
 Court ; and the Commander in Chief directs, that the Charges 
 preferred against Lieutenant Frederick Cooper, together with the 
 finding of the Court, shall be read at the head of every corps, and 
 entered in the general order book of each regiment. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Cooper is still borne on the list of the Sd 
 Royal Lancashire Militia. — Editor. 
 
 ENSIGN JOHN HAUGH.— 1810. 
 
 Horse Guards, 30 Jpril, 1812. 
 
 At a General Court Martial, held at Dover Castle, on the 1 6tli 
 of March, 1812, and continued by adjournments to the 18th of 
 the same month. Ensign John Haugh, of the 3d Royal Lan- 
 cashire Militia, was arraigned upon the undermentioned Charges, 
 viz. 
 
 1st. ' For conduct unbecoming an Officer, for being in. the Officers 
 picquet room, at the Guildford batteiy, in plain clothes, smoaking and 
 drinking with Lieutenant Cooper, the subaltern of the picquet at the 
 Guildford battery, in Dover, on the evening of the 6th February, 1812. 
 
 2d. ' For resisting Captain Barton's authority, whilst in the execution 
 of his duty as captain of the picquet, and making use of noisy and irri- 
 tating language whilst the captain was ordering him to quit the picquet 
 room, and for debating witlj Lieutenant Cooper, in the face of the men, 
 whilst they were in a state of uproar in the yard of the Guildford batteiy, 
 the propriety of Captain Barton's orders, on the evening of the said 6th 
 February, thereby creating a disturbance amongst the men, to the pre- 
 judice of good order and mihtaiy discipline. 
 
 . 3d. ' For refusing to quit the picquet yard, after Captain Barton had 
 tinned him out of the Officer's picquet room, saying, in the face of the 
 men, to Seijeant Pilling, whom Captain Barton had ordered to turn him 
 out of the picquet yard, " I'll be damned if I don't see my own time 
 first;" to the prejudice of good order and militai-y discipline.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having most maturely deliberated upon and most 
 attentively weighed and considered the whole of the evidence and 
 matter that has been exhibited by Captain Barton, in support of 
 the charges preferred against Ensign John Haugh, of the 3d 
 Royal Lancashire Militia, together with what he,, the prisoner, 
 hath offered in his defence, is of opinion, that he. Ensign John 
 Haugh, is Not Guilty of either, or any, of the said charges, and 
 
428 J. Haugh. 
 
 the Court doth, therefore, most fully and honourably acquit him 
 of all, and every part of the same, with the small exception of 
 such part of the first charge, as, namely, ' being in plain clothes 
 on the evening of the 6th February, 1812,' but to which circum-, 
 stance the Court attach the smallest blame possible, as he, the 
 prisoner, was not on duty, and the night was excessively wet and 
 dark. 
 
 Before concluding their opinion upon the matter connected 
 ■yvith the trial of Ensign Haugh, and relative to the charges pre- 
 ferred against him by Captain Barton, the Court cannot help ex- 
 pressing their surprise and disapprobation at the conduct of 
 the prosecutor, who, when on duty as captain of the picquet, so 
 far appears to have been wanting in observance to the common 
 rules of the service and propriety, as to offer unmerited indignity 
 and personal insult to the prisoner. Ensign Haugh, which, even 
 had the charges been proved, would have reflected great culpa- 
 bility on Captain Barton's conduct ; but for which violence, as 
 there appears to have been no cause on the part of Ensign 
 Haugh, the Court are bound, in justice to the injured and ac- 
 cused party, to express the strongest animadversions ; for, even 
 in the most lenient point of view, Captain Barton's conduct ap- 
 pears to the Court to have originated in unguarded warmth of 
 temper, and total ign&rance of what was due to the situation of 
 an officer. 
 
 The Court are led to regret, that no notice appears to have 
 been taken of the letter of complaint which was forwarded by 
 Ensign Haugh to his commanding Officer, relative to Captain 
 Barton's conduct towards him ; and that he, the prisoner, was 
 not present or heard before the court of inquiry that was held to 
 investigate the business relative to the evenipg of the 6th of 
 February, 1812. 
 
 His Royal Highness was pleased, in the name and on the be- 
 half of His Majesty, to confirm the acquittal of the prisoner; and 
 the Commander in Chief directs, that the charges preferred 
 against Ensign Haugh, together with the acquittal of the Court, 
 shall be read at the head of every corps, and entered in the gene- 
 ral order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 429 ) 
 ENSIGN RICHARD TILL ALSTON.— 1812. 
 
 Horse Guards, 4 May, 1812, 
 
 At a General Court Martial, held at Bristol, on the 9th March, 
 1812, and continued by adjournments to the l6th of the same 
 month. Ensign Richard Till Alston, of the Oxford Regiment of 
 Militia, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For refusing, when on guard, to go his rounds, though personally 
 directed by him (Captain WiUiam Lionel Lampet) about two o'clock in 
 the day of Thursday, the 20th February, 1812, and accompanying that 
 refusal with language highly insolent. 
 
 2d. ' For not going his rounds at all, subsequently to the hour of 
 three o'clock in the morning of Friday the 21st Febi-uai-y, 1812, con- 
 trary to the standing orders of the guard, and to an express order con- 
 veyed from Captain Lampet to him (the said Ensign Alston), on, or 
 about, three o'clock in the morning of Friday, 21st Februaiy, 1812, by 
 a Serjeant of the guard. 
 
 3d. ' For sending a challenge to the said Captain Lampet, about four 
 o'clock in the evening of Tuesday the 25th Febmary, 1812.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely and deliberately weighed the evi- 
 dence in supportof the prosecution, and what the prisoner. Ensign 
 R. T. Alston, had to offer in his defence, is of opinion, that the 
 prisoner, the said R. T. Alston, is Guilty of the first charge, but 
 do acquit him of the second charge, the same not being proved. 
 
 With respect to the third charge, the Court finds the prisoner 
 Guilty, and do therefore sentence him to be cashiered; but, in 
 consideration of the prisoner having been so short a time in the 
 service, and the circumstances under which the affair originated, 
 the Court do humbly recommend him to His Majesty's cle- 
 mency. 
 
 The Court cannot but regret Captain William Lionel Lampet 
 having omitted to report the conduct of tlie prisoner to the Field 
 Officer of the day, as well as to the Officer commanding his 
 regiment. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges preferred against 
 Ensign Richard Till Alston, together with the finding and Sen- 
 
430 O. Bourke. 
 
 tence of the Court, shall be read at the head of every corps, and 
 entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT OLIVER BOURKE.— 1812. 
 
 Horse Guards, 6 May, 1812. 
 At a General Court Martial, held at Waterford, on the IQth of 
 March, 1812, and subsequent days. Lieutenant Oliver Bourke, 
 of the North Mayo Militia, was arraigned upon the undermen- 
 tioned charge, viz. 
 
 ' With scandalous and infamous conduct, unbecoming tbe character 
 of an Officer and a Gentleman, and highly pi-ejudicial to the harmony of 
 the corps, in unprovokedly striking Quarter Master Johnson, of the 
 same Battalion, on the face with his cap, in the mess-room, at Water- 
 ford, and in presence of several Officers, on the night of the 19th 
 Februai-y, 1812.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having taken into their consideration the evidence 
 laid before them in support of the prosecution, as also what was 
 offered by the prisoner in his defence, find that the prisoner. 
 Lieutenant Oliver Bourke, of the North Mayo Militia, is guilty 
 of so much of the charge exhibited against him, as that he acted 
 in a manner ' unbecdming the character of an Officer and a 
 Gentleman, and highly prejudicial to the harmony of the corps, 
 in unprovokedly striking Quarter Master Johnson, of the same 
 Battalion, on the face with his cap, in the mess-room, at Water- 
 ford, and in presence of several Officers, on the night ■ of the 
 19th February, 1812.' 
 
 The Court does, therefore, adjudge the said Lieutenant Oliver 
 Bourke, of the North Mayo Militia, to be dismissed His Majesty's 
 service. 
 
 His Royal Highness the Prince Regent has been pleased; in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charge, preferred against 
 Lieutenant Oliver Bourke, of the North Mayo Militia, together 
 
G. Leabon. 43 i 
 
 with the finding and Sentence of the Court, shall be read at the 
 head of every corps and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT GEORGE LEABON.— 1812. 
 
 Horse Guards, 8 May, 1812. 
 At a General Court Martial, held in the Island of Guernsey, 
 on the 26th March, 1812, and continued by adjournments to the 
 S 1st of the same month, Lieutenant George Leabon, of the 67th 
 Regiment of Foot, was arraigned upon the undermentioned 
 charge, viz. 
 
 ' For scandalous and infamous conduct, unbecoming the character of 
 an OiScer and a Gentleman, in having transmitted to His Royal High- 
 ness the Commander in Chief, on, or about, the 20th of December, 1811, 
 a memorial, purporting to be a petition for remuneration of services, 
 together with other documents, pretending to be explanatoiy and in 
 corroboration of the same, but the whole, in fact, containing most un- 
 founded and unwaiTantable insinuations, tending to the prejudice of the 
 character of his superior Officer; Major General Hatton, during the 
 period of his commanding His Majesty's forces in the Island of Aldemey.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having maturely and attentively weighed and con- 
 sidered the whole of what has been produced by the prosecutor, 
 in support of the charge, and also what has been brought for- 
 ward by the prisoner, Lieutenant George Leabon, on his defence, 
 find him Guilty of the charge, and do therefore Sentence him to 
 be dismissed from His Majesty's service. 
 
 His Royal Highness the prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charge, preferred against 
 Lieutenant George Leabon, together with the finding and Sen- 
 tence of the Court, shall be read at the head of every corps, and 
 entered in the general order book. 
 
 By command of his H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
432 L. Jtppelius. 
 
 LIEUTENANT WILLIAM NASH.— 1812. 
 
 Horse Guards, 25 July, 1812. 
 
 At a General Court Martial, held at Chester, on the 21st 
 April, 1812, and continued by adjournments to the 23d of the 
 same month. Lieutenant William Nash, of the Royal North 
 Lincoln Militia, was arraigned upon the undermentioned charge, 
 viz. 
 
 ' For scandalous and infamous behaviour, unbecoming the character 
 of an Officer and a Gentleman, in calumniously circulating a report at 
 Chester, in, or about, the month of July, and in, or about, the month 
 of December, 1811, prejudicial to the honour, character, and reputation 
 of Adjutant Gibbon CuUen, of the same regiment, by falsely stating to 
 several persons that Adjutant Cullen had been brought before the 
 halberts, and there stripped to be punished for theft, thereby tending 
 to deprive the said Adjutant Gibbon Cullen of that influence, authority, 
 and command, necessary to the discharge of his duty as an Officer in 
 His Majesty's service.' 
 
 Upon wliich charges the Court came to the following decision : 
 
 The Court Martial, after the most attentive consideration of 
 the evidence produced in support of the charge against Lieute- 
 nant William Nash, of the Royal North Lincoln Regiment of 
 Militia, and of the prisoner's defence, are of opinion, that he is 
 Guilty of the crime laid to his charge, and they do sentence him, 
 the said Lie'utenant William Nash, to be dismissed from the 
 regiment. 
 
 His Royal Highness the Prince Regent was pleased, in the 
 name and on the behalf of His Majesty, to approve and confirm 
 the finding and Sentence of the Court, and the Commander in 
 Chief directs, that the charge preferred against Lieutenant Wil- 
 liam Nash, together with the finding and Sentence of the Court 
 shall be read at the head of every corps and entered in the ge- 
 neral order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT LEWIS APPELIUS.— 1812. 
 
 Horse Guards, 3 Aug. 1812. 
 
 At a General Court Martial, held at Hythe, on the 23d of 
 
 March, 1812, and continued by adjournments to the 13th April 
 
L. App'elius. 433 
 
 following, Lieutenant Lewis Appelius, of the 85th Regiment of 
 Foot, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For scandalous and infamous conduct, unbecoming the character of 
 an Officer and a Gentleman, in falsely and maliciously asserting to Cap- 
 tain Hylton, of the 85th Regiment, at Belem, in Portugal, on, or about, 
 the 1st of June, 1811, that he. Lieutenant Appehus, had pulled Major 
 Mein, of the same regiment, by the nose, and taken his. Lieutenant 
 Appelius' s, feet from the Hudibrastic seat of honour j or words to that 
 effect, and if Major Mein had added that to the charge, which he had 
 given in against him. Lieutenant Appelius, on, or about, December last, 
 meaning 1810, it would have been nothing but the truth. 
 
 2d. ' In falsely and maliciously propagating and asserting, between 
 the 12th and 24th of June, 1811, to the Officers of the 85th Regiment, 
 then serving in Portugal, that he. Lieutenant Appelius, had pulled Major 
 Mein by the nose, and taken his. Lieutenant Appelius' s, feet from the 
 Hudibrastic seat of honour, or words to that effect ; and further, falsely 
 and maliciously propagating, and re-asserting the same calumny, be- 
 tween the 8th of August, and 7th of September, 1811, to several of the 
 Officers of the five companies of the 85th Regiment, then under the 
 command of Major Mein, at the regimental dep6t, at Hailsham or 
 SilverhiU; the above expressions and assertions being absolutely false, 
 and greatly to the prejudice and dishonour of Major Mein's character, 
 both as an Officer and a Gentleman, and highly subversive of good order 
 and military discipline, and in breach of the Articles of War.' 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court, having maturely and attentively weighed and con- 
 sidered the evidence, adduced in support of the prosecution, 
 together with what the prisoner. Lieutenant Lewis Appelius, has 
 oifered in his defence, is of opinion, relative to the first charge, 
 that the prisoner is Guilty of the same. 
 
 With regard to the second charge, the Court is of opinion, 
 that the prisoner is Not Guilty of the whole, or either part there- 
 of, and doth therefore acquit him of the same. 
 
 The Court, in consideration of having found the prisoner Guilty, 
 of the scandalous and infamous conduct, as coiitained in the first 
 charge, such being a breach of the Articles of War, doth there- 
 fore sentence him to be dismissed His Majesty's service. 
 
 The Court, at the same time that it acquits the prisoner of 
 the second charge, deems it a duty in justice to Major Mein's 
 character, to state, that in the course of the trial, several cir- 
 cumstances have transpired, fully sufficient in the opinion of the 
 Court, to exonerate Major Mein, from any imputation of being 
 
 F F 
 
434 .G.Shar^. 
 
 actuated by an illiberal or improper motive in preferring the 
 second charge. 
 
 The Court is induced to notice, as a mark of its approbation, 
 the firm and clear manner in which Captain Glew delivered his 
 evidence on a subject, to him, of the utmost delicacy, and which 
 the Court with reluctance found necessary to investigate. 
 
 The Court further feels itself bound to express its severest 
 animadversion, on the evasive and reluctant manner in which the 
 testimony of Captain Hylton was given, and the difficulty the 
 Court experienced in extorting, from Captain Hylton, that in- 
 formation which the Court had such strong presumption for sup- 
 posing him in possession of, and which it was too evident his 
 desire and endeavour to withhold. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court ; and the Com- 
 mander in Chief directs, that the foregoing charges preferred 
 against Lieutenant Appelius, of the 85th Regiment of Foot, to- 
 gether with the finding and Sentence of the Court, shall be read 
 at the head of every corps, and entered in the general order 
 book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN GEORGE SHORE.— 1812. 
 
 Horse Guards, 22 Aug. 1812. 
 At a General Court Martial, held in Halifax, on the 27th 
 May, 1812, and on subsequent days, Captain George Shore, 
 commanding a detachment of the 104th Regiment, was arraigned 
 upon the undermentioned charges, preferred against him by order 
 of His Excellency, Joseph Frederick Desbarres, Colonel in the 
 army, and Lieutenant Governor Commanding His Majesty's 
 Forces, in Prince Edward Island, viz. 
 
 1st. ' That Captain Shore did take upon himself, without the know- 
 ledge of the said Lieutenant Governor commanding, to remove the sen- 
 try from the important post of George's Battery, theprincipal work of de- 
 fence, for the protection of the said town and garrison, thereby evidently 
 exposing the same, and the King's magazine, together with the lives 
 
G. SJtore. 435 
 
 and properties of his subjects, to the malice of any evil inclined, or dis- 
 affected individual, in direct disobedience of a standing garrison order, 
 dated 22d of June, 1809. 
 
 2d. ' That the said Captain Shore, in disobedience of a standing ge- 
 neral order, dated head quarters, Halifax, 3d October, 1804, and of a 
 garrison order, dated 9th July, 1809, did persist to allow men of the 
 detachment, under his command, to work for divers inhabitants in this 
 Island, thereby wantonly encouraging the irregularities arising from that 
 cause, and so shamefully prevalent in this garrison, to the progress, 
 existence, and consequence of which it was the evident intention of 
 the said orders, by dutiful observance thereof, to put an effectual ter- 
 mination. 
 
 3d. ' That the said Captain Shore did absolutely disobey an order of 
 this garrison, dated 14th May, 1811. 
 
 4th. ' That upon a garrison order, of the 17th July last, requiring 
 Commanding Officers of detachments, composing the strength of this 
 garrison, to give in daily reports of the distribution of the troops, under 
 their respective commands, specially stating therein, such men as were 
 employed, and if so, whether for public or private purposes, how and 
 where, the said Captain Shore in his reports given, in consequence there- 
 of, having stated the employment of the men of his said detachment, in 
 no other than the King's works, while, on the contrary, it appears that 
 men were at work with his permission, for inhabitants of the town ; the 
 said Captain Shore has thereby, knowingly, made false reports to his 
 Commanding Officer. 
 
 5 th. ' That the said Captain Shore did contrive to frame, and send to 
 the Officer, commanding the 104th Regiment, a statement, bearing date 
 the 30th May, 1811, an extract of which, with a copy of a letter from 
 the said Officer thereon, has, by command of the present Commander in 
 Chief of the Forces in British North America, been transmitted to the 
 said Lieutenant Governor DesbaiTes for his information, containing a 
 wild fabrication of mischievous falsehoods, and vile perversions, seem- 
 ingly calculated to deceive the said Officer, who appears to have been 
 led thereby into injurious misconception, relative to proceedings wickedly 
 represented by the said Captain Shore, and preposterously pretended to 
 have taken place in Prince Edward Island. 
 
 6th. ' That the said Captain Shore, in this statement of the 30th May 
 last, wantonly and falsely made use of sundiy unjustifiable and unbecom- 
 ing expressions, tending to defame the character of His Majesty's re- 
 presentative in this government. 
 
 7th. ' That in the course of an investigation, directed by the said 
 Lieutenant Governor Desbarres, to be made for the purpose of elucidat- 
 ing and placing in a just point of view, the several matters grossly mis- 
 represented in the beforementioned statement. Captain Shore did exhi- 
 bit a contumelious disposition, to frustrate the object thereof. 
 
 8th. ' That Captain Shore's endeavours to frustrate the objects of an 
 enquiry directed by the said Lieutenant Governor to be made, and his 
 (the said Captain Shore's) declared approbation of the insolent behavi- 
 our of Acting Seijeant Major Smith, and others, on the 27th day of 
 
 F F 2 
 
456 G. Shore.' 
 
 September last, at a sitting of the said enquiry, evince his propensity 
 to disseminate and foster the seeds of a dangerous spirit of insubordina- 
 tion and mutiny, and such propensity is furthermore exhibited, by his 
 boasting to have treated the letters of the said Lieutenant Governor's 
 secretary, written to him on the subject of his statement of 30th May, 
 1811, by command of His Excellency, with contumelious scurrility, 
 and, to have transmitted the same, with his remarks thereupon, and 
 received answers from head quarters, expressive of the approbation of 
 the general commanding, of his conduct.' 
 
 All which conduct, on the part of the said Captain Shore, tend- 
 ing to excite a spirit of mutiny and insubordination among the 
 troops in the garrison, being unjustifiable to his character as an 
 OfiScer, greatly injurious and derogatory to the honour, dignity, 
 and welfare of His Mjyesty's service, prejudicial to good order 
 and military discipline, and contrary to the Articles of War. 
 
 ■Upon which charges the Court 6ame to the following decision, 
 viz. — 
 
 The Court Martial, after the most attentive consideration of 
 the evidence, applicable to the charges exhibited against Cap- 
 tain George Shore, of the 104th Regiment, together with the 
 prisoner's defence, and evidence adduced in support thereof, 
 is of opinion, that he is Not Guilty of the first charge. 
 
 On the second charge, the Court is of opinion, that tlie pri- 
 soner did disobey the garrison order of the 9th of July, 1809, 
 but as that garrison order is founded on a general order, which 
 does not exist, and as the prisoner did, moreover, receive instruc- 
 tions from the head quarters of his regiment, which appeared 
 to him fully to authorise his allowing men to work ; and further, 
 as it has not been shewn, that he wantonly encouraged, or that 
 the irregularities did take place, as expressed in this charge, 
 ■the Court does therefore acquit him. 
 
 It is further of opinion, on the third charge, he is Not Guilty. 
 On the fourth charge, he is Not Guilty. 
 On the fifth charge, he is Not Guilty. 
 On the sixth charge, he is Not Guilty. 
 On the seventh charge, he is Not Guilty. 
 On the eight charge, he is Not Guilty. 
 
 The Court does, therefore, most fully and honourably acquit 
 the said Captain Shore, of the 104th Regiment, of all and eact 
 of the charges exhibited again,st him. 
 
C. White. 437 
 
 The Commander in Chief directs, that tlie foregoing charges 
 preferred against Captain George Shore, together with the find- 
 ing of the Court, shall be read at the head of every corps, and 
 entered in the general order books. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Shore is now on the Half-pay of the 104th Re- 
 giment. — Editor. 
 
 LIEUTENANT CHARLES WHITE.— 1812. 
 
 Horse Guards, 21 Sept. 1812. 
 
 At a General Court Martial, held at Camp Bologne, in Gua- 
 daloupe, on the 27th of April, 1812, and continued by adjourn- 
 ments to the 30th of the same month. Lieutenant Charles White, 
 of the 4th West India Regiment, was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. ' For scandalous and infamous behaviour, on the evening of the 
 23d, or morning of the 24th instant, in having been present when an 
 altei'cation took place between two Officers, and instead of endeavouiing 
 to reconcile them, did instigate them to fight a duel. 
 
 2d. ' For scandalous and infamous conduct, such as is unbecoming 
 the character of an Officer and a Gentleman, in going into Ensign Gar- 
 ret's room, and there using most opprobrious language, upbraiding him 
 vdth being a coward, and striking him, because he would not agree to 
 the two gentlemen fighting a duel. 
 
 ' Camp Bologne, 26 March, 1812.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely and deliberately considered the 
 evidence against the prisoner. Lieutenant Charles White, of the 
 4th West India Regiment, together with what he has produced 
 in his defence, are of opinion as follows : 
 
 With respect to the first charge, the Court are of opinion that 
 the prisoner is not Guilty, and do therefore acquit him thereof. 
 
 And M'ith respect to the second charge, the Court are of opi- 
 jiion that the prisoner is Guilty thereof. 
 
 The Court having found the prisoner. Lieutenant Charles 
 White, Guilty of the second charge, and which being in breach 
 of tlie Articles of War, do, therefore, Sentence and adjudge him 
 to be cashiered. 
 
438 J. H, Walsh. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firth the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges preferred against 
 Lieutenant Charles White, of the 4th West India Regiment, to- 
 gether with the finding and Sentence of the Court, shall be read 
 at the head of every corps, and entered in the general order book. 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen, 
 
 ASSISTANT SURGEON J. H. WALSH.— 1812. 
 
 Horse Guards, 22 Sept. 1812. 
 
 At a General Court Martial, held at Momento de Beira, on the 
 
 ] 8th May, 1812, and continued by adjournments to the 23d of 
 
 the same month. Assistant Surgeon J. H. Walsh, of the 4th 
 
 Foot, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For conduct highly unbecoming the character of an Officer and 
 a Gentleman, in altering, with a fraudulent intent, a return of neces- 
 saries, of Private John Parker, of the 4th Regiment, and taking for his 
 own private use, a blanket belonging to the said Private John Parker, 
 then going to Lisbon, sick, on, or about, the 31st Decembei, 1810, the 
 said return of necessaries having been duly and officially signed by Cap- 
 tain O'HaUoran. 
 
 ■ 2d. * For disobedience of orders, in returning Private Tnidgett, of 
 the 4th Regiment, in his employ, in violation of the positij'e orders of 
 his Commanding Officer, from the 10th November, to the 14th Decem-^ 
 ber, and taking the said Private Ti-udgett to Lisbon, contrary to the ge- 
 neral orders of the army. 
 
 ^ 3d. ' For highly unmilitary conduct, in taking Private Thomas Mor- 
 ris, of the 4th Regiment, from his party, at Azembuja, on, or about, the 
 14th December, 1810, the said Private Thomas Morris, then composing 
 part of an escort with stores, on the march, from Lisbon, to the bead 
 quarters of the regiment, and retaining the said soldier, as his private 
 servant, or attendant. 
 
 4th. ' For highly unmilitaiy conduct, in sending a disrespectful mes- 
 sage to Lieutenant Colonel, then Major Brooke, his Commanding Offi, 
 cer, through the Adjutant, threatening to prefer charges against him, the 
 said Commanding Officer, if he persevered in bringing him, the said 
 Assistant Surgeon Walsh, to a Court Martial.' 
 
 Upon which charges the Court came to the following decision: 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence adduced on the prosecution, in support of 
 thp first charge exhibited against the prisoner, Assistant Surgeon 
 
p. M'Jrthur. 4.']{) 
 
 Walsh, of the 4th Regiment, together with what he has offered in his 
 defence, and the evidence thereupon, are of opinion, that he is Not 
 Guilty of the said charge. And the Court having maturely and de- 
 liberately weighed and considered the evidence adduced on the 
 prosecution, in support of the second charge exhibited against the 
 prisoner, together with what he has offered in his defence, and the 
 evidence thereupon, are of opinion, that he is Guilty of the said 
 charge. And the Court are of opinion, that the prisoner is Not 
 Guilty of the third charge exhibited against him. And the Court 
 having maturely and deliberately weighed and considered the evi- 
 dence adduced o.n the prosecution, in support of the fourth charge 
 exhibited against the prisoner, together with what he has offered 
 in his defence, and the evidence thereupon, are of opinion, that 
 he is Guilty of the said charge. The crimes of which the pri- 
 soner has been convicted, being in breach of the Articles of War, 
 the Court do sentence him. Assistant Surgeon Walsh, of the 4th 
 Foot, to be dismissed His Majesty's service. 
 
 His Royal Highness the Prince Regent having been pleased, 
 in the name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court, the Commander 
 in Chief directs, that the charges preferred agaipst Assistant Sur- 
 geon Walsh, together with* the finding and Sentence of the Court, 
 shall be read at the head of every corps, and entered in the gene- 
 ral order boojc. 
 
 By command, &c. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. See page 315 for particulars of a former Court Martial, 
 held upon Assistant Surgeon Walsh, of the 4th Foot. 
 
 LIEUTENANT PETER M'ARTHUR.— 1812. 
 
 Horse Guards, 23 Sept. ] 812. . 
 
 At a General Court Maitial, held at Lisbon, on the 1st and 
 2d of June, 1812, Lieutenant Peter M' Arthur, of the 3d Regi^ 
 ment, or Buffs, was arraigned upon the undermentioned charge : 
 
 ' For disgraceful conduct, highly unbecoming the character of an Offi- 
 cer and a Gentleman, in defrauding Mr. Martin Slack Smallpiece, a 
 tradesman, at Lisbon, of a sujn of jnoney, on, or about, the 1 5 th day of 
 
440 C. H. Steel. 
 
 March last, by giving the said Mr. Martin Slack Smallpiece, an order 
 upon his subsistence to the 24th April, for the money obtained, which 
 subsistence was drawn by the said Lieutenant M'Arthur, from the hands 
 oF the paymaster, prior to the said order being presented for paymeiit.' 
 
 Upon which charge the Court came to the following decision : 
 The Court, having duly and deliberately weighed and considered 
 the evidence in support of the prosecution, as well as what the 
 prisoner, Lieutenant Peter M'Arthur, ha^ brought forward in his 
 defence, are of opinion, that he is guilty of defrauding Mr. Mar- 
 tin Slack Smallpiece, a tradesman, at Lisbon, of a sum of money 
 amounting to twenty four dollars, by giving him receipts for his 
 subsistence, from the 25th March to the 24th of April, which 
 subsistence had been received previously by the prisoner, Lieute- 
 nant Peter M'Arthur, which being in breach oif the Articles of 
 War, the Court do, therefore, sentence the said Lieutenant Peter 
 M'Artliur, 3d R«giment, or Buffs, to be cashiered ; and a de- 
 duction be made from his subsistence, to defray that sum due to 
 Mr. Martin Slack Smallpiece. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve the find- 
 ing and to confirm so much of the Sentence of the Court, as 
 adjudges the prisoner to be cashiered, and the Commander in 
 Chief directs the foregoing charge, preferred against Lieutenant 
 Peter M'Arthur, of the 3d Regiment of Foot, together with the 
 finding and Sentence of the Court, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of H. R. fl. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN CHARLES HENRY STEEL.— 1812. 
 
 Horse Guards, 2 Nm. 1812. 
 At a General Court Martial, held at Columbo, in the Island 
 of Ceylon, on the 24th January, 1812, and subsequent days, Cap- 
 tain Charles Henry Steel, of the 2d Ceylon Regiment, was 
 arraigned upon the undermentioned charges, viz. 
 
 1st. ' For ordering a detachment Court Martial to assemble, the pre- 
 sident of which was under the rank of a Captain, contrary to the Act of 
 Parliamentj conmionly called the Mutiny Act, when in the command of 
 
C. //. Steel 441 
 
 a detachment of His Majesty's 2d Ceylon Regiment, at Galle, on, or 
 about, the 26th of November, 1811, and for directing and sanctioning 
 the said Court, so composed, to proceed to the trial of a soldier of His 
 Majesty's 2d Ceylon Regiment, without the President of the Court having 
 taken the oath prescribed by the said Act of Parliament, although Lieu- 
 tenant Jones, a member of the said Court, repeatedly urged the necessity 
 of so doing. 
 
 2d. ' For approving of, and causing the sentence of the said Court 
 Mai'tial, illegally constituted, to be carried into execution, on a soldier 
 of His Majesty's 2d Ceylon Regiment, on, or about, the 27th November, 
 1811. 
 
 3d. ' For putting Lieutenant Jones, of His Majesty's 2d Ceylon Re- 
 giment, under arrest, without any just cause for so doing, and at the 
 same time, making use of language highly unbecoming an Officer, and 
 the character of a Gentleman, on, or about, the 18th December, 1811. 
 
 4th. ' For issuing two orders, highly prejudicial and degrading to the 
 character and situation of Lieutenant Jones, of His Majesty's 2d Ceylon 
 Regiment, as an Officer and a Gentleman, on, or about, the 18th De- 
 cember, 1811, and at a subsequent period. 
 
 5 th. ' For disobedience and neglect of orders, delivered to him per- 
 sonally, by the Commanding Officer of the garrison, on the public pa- 
 rade, to parade and exercise the Officer^ and Men of the detachment of 
 the 2d Ceylon Regiment, under his (Captain Steel's) command, three 
 times a week. 
 
 6th. ' For irregular and very improper conduct, unbecoming the cha- 
 racter of an Officer, in drawing his sword, in the streets of Point de 
 Galle, and striking, and violently assaulting with it, a Government Peon, 
 or public servant, belonging to the Custom-house, whilst in the execu- 
 tion of his duty, on the evening of the 6th January, 1812,' 
 
 Upon which charges the Court came to the following deci- 
 sion: 
 
 The Court, having deliberately weighed and considered the 
 evidence, brought forward on the part of the prosecution, toge- 
 ther with the defence of the prisoner, Captain Charles Henry 
 Steel, and the examination of the witnesses in support of it, is of 
 opinion, that the prisoner. Captain Steel, is Guilty of the whole 
 of the first charge. 
 
 The Court is of opinion, that the prisoner is Guilty of the se- 
 cond charge preferred against him. 
 
 The Court is also of opinion, that the prisoner is Not Guilty 
 of the first part of the third charge, viz. ' for putting Lieutenant 
 Jones, of the 2d Ceylon Regiment, under arrest, without any just 
 cause for so doing ;' but the Court is of opinion, that the pri- 
 soner, Captain Charles Henry Steel, is Guilty of the latter part 
 
442 C. H. Steel. 
 
 of the said charge, viz. ' making use of language, to Lieutenant 
 Jones, in the public streets of Galle, highly unbecoming an Offi- 
 cer, and the character of a Gentleman, on, or about, the ] 8th 
 December, 1811.' 
 
 The Court is of opinion, that the prisoner is Guilty of the 4th 
 charge, inasmuch as it does not appear to the Court, that the 
 conduct of Lieutenant Jones, in the points alluded to in the or- 
 ■> ders issued by Captain Steel, merited such censure. 
 
 The Court is of opinion, that the prisoner. Captain Charles 
 Henry Steel, is Guilty of the 5th charge preferred against him. 
 
 The Court, having also very maturely weighed and considered 
 the evidence of the sixth charge, is of opinion, that it has not 
 been proved, and does therefore acquit him thereof. 
 
 The Court, having found the prisoner, Captain Charles Henry 
 Steel, Guilty, of the whole of the first and second charges, the 
 second part of the third charge, the whole of the fourth charge, 
 and the whole of the fifth cjiarge, preferred against him, by the 
 prosecutor. Lieutenant Colonel the Honourable J. W. Moles- 
 worth, of the 1 st Ceylon Regiment, commandant of Point de 
 Galle, being a breach and violation of the Articles of War, do 
 sentence him, Captain Charles Henry Steel, of His Majesty's 2d 
 Ceylon Regiment, to be cashiered. 
 
 The Court cannot close its proceedings without observing, in 
 justice to the prosecutor. Lieutenant Colonel Molesworth, that it 
 appears he has been actuated throughout, solely by his zeal for 
 the good of the service, and that the insinuations thrown out 
 against him, by the prisoner, in his address to the Court, are un.- 
 founded and unwarrantable. 
 
 His Royal Highness the Prince Regept was pleased, in the 
 name and on the behalf of His Majesty, to approve and confirm 
 the finding and Sentence of the Court, and the Commander in 
 Chief directs, that the charges preferred against Captain Charles 
 Henry Steel, together with the finding and Sentence of the Court, 
 shall be read at the head of every corps, and entered in the gene- 
 ral order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen, 
 
M. Carry. 443 
 
 LIEUTENANT WILLIAM SHEEHAN.— 1812. 
 
 Parse Guards, 7 Nov. 1812. 
 
 At a General Court, Martial, held at Quebec, on the 1 1th May, 
 1812, and continued by adjournments to the 13th of the same 
 month. Lieutenant William Sheehan, of the Royal Newfoundland 
 Fencibles, was arraigned upon the undermentioned charge, viz. 
 
 ' For being drunk, on the Castle guard, of which he had the command, 
 at Quebec, on the night of Thursday, the 7th of May, 1812.' 
 
 Upon which charge the Court came to the following decision: 
 
 The Court, having heard and examined the information, ex- 
 hibited against the prisoner, together with his defence, is of opi- 
 nion, that Lieutenant William Sheehan, of the Royal Newfound- 
 land Fencible Regiment of Infantry, is Guilty of the charge pre- 
 ferred against him, and doth, therefore, for the same, adjudge the 
 said William Sheehan, to be cashiered. 
 
 His Royal Highness the Prince Regent was pleased, in the 
 name and on the behalf of His Majesty, to approve and confirm 
 the finding and Sentence of the Court, and the Commander in 
 Chief directs, that the charge preferred against Lieutenant Wil- 
 liam Sheehan, together with the finding and Sentence of the 
 Court, shall be read at the head of every corps, and entered in 
 the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT COLONEL M. CORK Y.— 1812. 
 
 Horse Guards, 10 Nov. 1812, 
 At a General Court Martial, held at Omagh, on the 29th July, 
 1812, and continued by adjournments to the 6th of August fol- 
 lowing. Lieutenant Colonel Marcus Corry, of the South Down 
 Regiment of Militia, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For not taking the notice he was bound to take, as Commanding 
 Officer, that John Gibson, a drummer, in Captain Bailie's company, had 
 been most illegally and unjustifiably punished j said drummer's sentence 
 being altered by the President of the Court Martial that tried him, with- 
 out the consent of the members, and the punishment awarded, viz. fifty 
 lashes, increased to two hundred lashes, when the proceedings of said 
 
444 M. Corr^, 
 
 Court were sent "back to be revised, by order of Lieutenant Colonel 
 Cony, and which increased punishment, or the greatest part of it, was 
 inflicted upon said prisoner, on, or about, the 6th day of November, 
 1810 J he. Lieutenant Colonel Corry, knowing the improper conduct of 
 the President as aforesaid. 
 
 2d. ' For conduct most unofficerlike, in beating violently with a stick, 
 in the streets of Lifford, in, or about, the latter end of December, 1811, 
 or beginning of January, 1812, Serjeant, or reputed Serjeant Morrison, 
 of the 1 1th Regiment of Foot. 
 
 3d. ' For conduct calculated to prevent the soldiers of the regiment 
 from preferring any claims they might think themselves justly entitled 
 to, in ordering Lieutenant Montgomeiy, when in command of Captain 
 Bailie's company, to tell the soldiers of said company, that any of them 
 that again made application for the fuel money due to them, at Aughna- 
 cloy, should be confined, and which fuel money they have since received, 
 by order of Major General Burnet, at an investigation of the various 
 claims of the men, on, or about, the 30th day of April, 1812. 
 
 4th. ' For conduct calculated to diminish the respect due to the non- 
 commissioned Officers, but particularly the Serjeants of the regiment, in 
 ordering Serjeant Bell, of said regiment, to be logged, and for making 
 him attend the parades, in the streets of Liflbrd, for several days, with 
 the log on him, in, or about, the latter end of December last, or the be- 
 ginning of Januaiy, 1812. 
 
 5th. ' For conduct unbecoming an Officer, in stating to Major General 
 Burnet, in, or about, the month of October or November last, that Pay- 
 master Birch was sick in his bed, when said Officer was absent from the 
 regiment. 
 
 ■ 6th. ' For conduct ill calculated to support the respect due to, and au- 
 thority of a General Officer, in stating in the regimental mess-room, in, 
 or about, the month of January or February last, that the brigade order 
 issued by Major General Burnet, dated 11th December, 1811, was 
 Smashed, and that no one but a fool or a blockhead, could suppose that 
 such an order would remain in force, or words to that effect, and with 
 having issued orders in violation of the said order. 
 
 ■ 7tb. ^ For conduct most unbecoming in a Commanding Officer, in 
 having, in, or about, the latter end of Dec. 181 1, or beginning of January, 
 i812, gone into the regimental guard room, in coloured cloaths, and per- 
 sonally assisted in gagging a private soldi* of the South Down Militia, 
 
 8th. ' For inattention to the comforts of tKe soldiers, in excusing se- , 
 veral of the privates from duty, and allowing them to be otherwise em- 
 ployed, but particularly in the months of December and January last, 
 whereby the duty at bead quarters was rendered unusually severe upon 
 the men stationed there. 
 
 9th. ' For conduct unbecoming in a Commanding Officer, in being 
 under pecuniary obligations to the undermentioned non-commissioned 
 Officers and Privates under his command : 
 
 ' Serjeant Rogers, Serjeant Fory, Privates Robert M'Coomb, Hemy 
 M'Kee, Griffith Griffiths, Lance Serjeant M'Kerrol, and others.' 
 
 ' Upon which charges the Court came to the following decision : 
 
M. Carry. 445 
 
 The Court, having taken into their consideration, the evidence 
 laid before them in support of the prosecution, as also what was 
 offered by the prisoner in his defence, and having deliberately and 
 maturely weighed and considered the whole matter laid before 
 them, are of opinion as follows ; 
 
 With respect to the first charge, the Court are of opinion, that 
 the prisoner, Lieutenant Colonel Corry, is Guilty, in so far that 
 he did not take the notice he was bound to take, that Drummer 
 John Gibson, of Captain Bailie's company, had been most ille- 
 gally and unjustifiably punished, by the sentence on the said 
 Drummer having been altered, without the consent of the majo- 
 rity of the members of the said Court Martial that tried him ; 
 and the punishment first awarded, altered and increased, when 
 told of the illegality and unjustifiableness of the said punishment, 
 by Captain Bailie, the prosecutor ; but the Court do acquit the 
 prisoner of any knowledge of the said punishment being illegal, 
 or unjustifiable, at the time of its infliction. The Court, cannot, 
 however, pass over without animadversion, the numerous irregn- 
 larities as appearing on the face of the proceedings of the said 
 Court Martial. 
 
 With respect to the second charge, the Court are of opinion, 
 that the prisoner, Lieutenant Colonel Corry, is Guilty of beating 
 ■Serjeant, or reputed Serjeant Morrison, of the 1 1th Foot, with a 
 stick, but not violently, as stated in the charge. 
 
 With respect to the third charge, the Court are of opinion that 
 the prisoner. Lieutenant Colonel Corry, is Not Guilty, and do, 
 therefore, acquit him thereof. 
 
 With respect to the fourth charge, the Court are of opinion, 
 that the prisoner. Lieutenant Ct^onel Corry, is Guilty. 
 
 With respect to the fifth cliarg«, the Court are of opinion, that 
 the prisoner. Lieutenant Colonel Corry, is Guilty. 
 
 With respect to the sixth charge, the Court are of opinion, that 
 the prisoner. Lieutenant Colonel Corry, is Guilty, except that he 
 did not make use of the word blockhead. 
 
 With respect to the seventh charge, the Court are of opinion, 
 that the prisoner. Lieutenant Colonel Corry, is Not Guilty, and 
 do acquit him thereof. 
 
 With I'espect to the eighth charge, the Court are of opinion, 
 
446 W. tVi 
 
 en. 
 
 that the prisoner, Lieutenant Colonel Corry, is Not Guilty, aind 
 do, therefore, acquit him thereof; but feel it their duty to remark 
 upon the impropriety of any non-commissioned Officer having a 
 soldier as a servant. 
 
 With respect to the ninth charge, the Court are of opinion 
 that the prisoner. Lieutenant Colonel Corry, is Not Guilty, and 
 do, therefore, acquit him thereof. 
 
 The Court having found the prisoner. Lieutenant Colonel 
 Corry, Guilty of part of the first and second charges, of the 
 ■whole of the fourth and fifth charges, and of part of the sixth 
 charge, as before specified, being breaches of the Articles of 
 War, do, therefore, sentence him, the said Lieutenant Colonel 
 Corry, to be dismissed from the South Down Regiment of 
 Militia. 
 
 His Royal Highness the Prince Regent was pleased, in the 
 name and on the behalf of His Majesty, to approve and confirm 
 the finding and Sentence of the Court, and the Commander in 
 Chief directs, that the charges preferred against Lieutenant Co- 
 lonel Corry, together with the finding and Sentence of the Court, 
 shall be read at the head of every corps, and entered in the gene- 
 ral order books. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 QUARTER MASTER WILLIAM WEIR.— I8O9. 
 
 Horse Guards, 28 Nao. 1812. 
 
 At a General Court Martial, held at Manchester, on the 14th 
 October, 1812, and on subsequent days. Quarter Master William 
 Weir, of the 2d (or Royal North British) Dragoons, was arraigned 
 upon the undermentioned charges, viz. 
 
 1st. 'For making excessive, exorbitant, and improper charges against 
 the privates of the 2d (or Royal North British) Dragoons, whilst sta- 
 tioned in Manchester Bari'acks, for many of the regimental necessaries 
 furnished by him. Quarter Master Weir, to the Dragoons of said regi- 
 ment, in compliance with a regimental order of Colonel Balfour's, Lieu- 
 tenant commanding the regiment, bearing date March 20th, 1811, and 
 continuing in force until August the 16th, 1812. 
 
 2d. ' For having acted in disobedience to the general regulations and 
 orders for the army, dated Adjutant General's Office, HorSe Guards, 
 
Jf. Weir. 447 
 
 August, 12, 1811, (Page 92) he. Quarter Master Weir, having subsequent 
 to the date of the said order, up to August, 1812, continued to make the 
 same excessive and orbitant charges, thereby obtaining an immense 
 profit, and defrauding the privates of the 2d (or Royal North British) 
 Dragoons, against whom the said charges were made for necessaries 
 furnished to them, being highly prejudicial and injurious to their inte- 
 rest, and detrimental to His Majesty's service. 
 
 3d, ' For allowing to the clerks of troops, of the 2d (or Royal North 
 British) Dragoons, a drawback of dd. in the pound, upon the prices of 
 all articles of necessaries furnished by him. Quarter Master Weir, to be 
 by them issued out to the privates of their respective troops, a circum- 
 stance evidently prejudicial to the interests of the dragoons, to whom 
 the articles thus furnished were served out.' 
 
 Upon which charges the Court came to the follovi'ing decisiop : 
 
 The Court, having most seriously and deliberately weighed 
 and considered the whole and every part of the evidence that has 
 been brought forward in support of the prosecution, against the 
 prisoner, Quarter Master William Weir of the 2d, or the Royal 
 North British Regiment of Dragoons, together with what he has 
 offered in his defence, is of opinion, with regard to the 1 st charge, 
 that he is Guilty thereof. 
 
 With regard to the second charge, that he is Guilty. 
 
 With regard to the third charge, that he is Guilty. 
 
 Which being a breach of the Articles of War, the Court doth 
 sentence him, the said Quarter Master William Weir, of the 2d 
 or the Royal North "British Regiment of Dragoons to be 
 cashiered. 
 
 After having passed this sentence, the Court took into its con- 
 sideration the extent to which the prisoner might have been in- 
 fluenced by the sanction of his Commanding Officer ; and, as it 
 appears to the Court, that the prisoner's character in the regi- 
 ment, was considered irreproachable, it has not closed its pro- 
 ceedings without requesting to be permitted to submit, for the 
 consideration of His Royal Highness the Prince Regent, how 
 far such influence might act upon the prisoner in respect to his 
 late conduct. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to confirm the find- 
 ing and Sentence of the Court; and the Commander in Chief 
 directs, that the foregoing charges preferred against Quarter 
 Master William Weir, together with the finding and Sentence of 
 
44§ J. F. L'Esf range. 
 
 the Court, shall be read at the head of every corpS;^and entereii 
 in the general order books. 
 
 The Prince Regent has also considered it a subject of regret, 
 that an Officer of Colonel Balfour's high rank and character, 
 should have lent his name and authority to the sanction of pro- 
 ceedings, which vifould appear by the evidence and documents 
 adduced before the Court, to be so inimical to the interests of 
 the soldier, and, under all the circumstances of the case, His 
 Royal Highness has been pleased to command, that charges shall 
 be preferrred against Colonel Balfour, in order that his conduct 
 may undergo the investigation of a Court Martial. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B, Vide 26 Feb. 18 IS for the particulars of the Court Martial 
 held upon Col. Balfour, who is now a Major General. — Editor. 
 
 CAPTAIN J. FRANCIS L'ESTRANGE.— 1812. 
 
 Horse Guards, 8 Dec 1810. 
 At a General Court Martial, held at Fuente del Maistro, in 
 Spain, on the 15th August, 1812, and continued by adjourn- 
 ments to the 8th of September following. Captain J. Francis 
 Li'Estrange, of the 1st Battalion 3d Foot, was arraigned upon 
 the undermentioned charges, viz. 
 
 ' For conduct highly unbecoming the character of an Officer and a 
 Gentleman, and tending, in the most direct manner, to subvert good 
 order, due subordination, and military discipline, in the following in- 
 stances, viz. 
 
 1st. 'For repeated and obstinate disobedience of orders, both vrritten 
 and verbal, in persisting to come repeatedly to parade, dressed unlike an 
 Officer, at various periods between the 27th February, and the 1 7th of 
 May, 1812, in open defiance of His Royal Highness the Prince Regent's 
 regulations respecting dress, as well as of regimental orders, issued to 
 enforce obedience thereto. * 
 
 2d. ' For obstinately disobeying his Commanding Officer's orders, on 
 parade at Villa Franca, in Spain, on, or about, the morning of the 1 7th 
 of May, 1812, in refusing to quit the parade, and go home to his quarters, 
 when requested and desired to do so by the Commanding Officer in 
 person, in consequence of his having again come to parade improperly 
 dressed as an Officer, and thereby setting a determined example of in- 
 subordination to the whole corps. 
 
J. F. L'Estrarige. 449 
 
 3d. ' For making use of disrespectful, violentj and threatening lan- 
 guage to his Commanding Officer, purporting to give him a challenge, 
 in presence of several Officers and some soldiers of the regiment, on, or 
 near, the parade at Villa Franca in Spain, on, or about, the moi'ning of 
 the 17th May, 1812. 
 
 4th. ' For disobedience of written orders issued by desire of the Officer 
 commanding the brigade, in appearing at the head of his company under 
 arms, without his sword, at difterent times between the 20th of January 
 and the 17th of May, 1812. 
 
 5th. ' For frequently sbsenting himself from the parades of the regi- 
 ment, without leave, and for continuing to persist in a practice so con- 
 trary to good order and military discipline, from the period of his join- 
 ing the 1st Battalion, about the middle of October, in 1811, to the 17th 
 May, 1812, after repeated official communications had been made to 
 him to forbid the continuance of this habit. 
 
 6th. ' For general neglect of duty as Captain of a company, in not 
 attending to its interior economy and good order, as it was his duty to 
 do, according to the established regulations of the service. 
 
 7th. ' For general iiTegularity of conduct, tending to disturb the 
 peace and harmony of his brother Officers, and highly subversive of good 
 order and militaiy discipline.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having deliberately and maturely considered and 
 •weighed the evidence for and against the prosecution, together 
 •with what the prisoner, Captain J. Francis L'Estrange, of the 
 Buifs, has alleged in his defence, is of opinion, on the respective 
 articles of charge, as follows, viz. 
 
 On the first, second, fourth, fifth, and sixth articles of charge, 
 the Court is of opinion, that the prisoner is Guilty. 
 
 On the third article of charge, the Court is of opinion, that the 
 prisoner is in part Guilty, in as much as, ' of having made use of 
 disrespectful and violent language to his Commanding Officer ;' 
 but acquits him of having used threatening language, or such as 
 was purporting to give him (his said Commanding Officer) a 
 challenge. 
 
 On the seventh charge, the Court find the prisoner Not Guilty. 
 
 Having found the prisoner guilty of the extent, as above spe- 
 cified, on the respective articles of charge, and thereby of con- 
 duct highly unbecoming the character of an Officer, and tending 
 in a most direct manner to subvert good order, due subordina- 
 tion, end military discipline, in breach of the Articles of War, in 
 such cases made and provided, the Court does sentence him, the 
 said Captain J. Francis L'Estrange, to be cashiered. 
 
 G G 
 
450 J. Goff. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges preferred against Cap- 
 tain L'Estrange, together with the finding and Sentence of the 
 Court, shall be read at the head of every corps, and entered in the 
 general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JOHN GOFF.- 1812. 
 
 Horse Guards, 10 Dec. 1812. 
 
 At a General Court Martial, held at Palermo, in Sicily, on the 
 Q5th August, 1812, and continued by adjournments to the 7th 
 September following, Lieut. John GoflF, of the 21st Regiment 
 of Foot, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For highly insubordinate conduct, in using provoking language 
 to me, his Commanding Officer, in the public streets of Palermo, on, or 
 about, the 9th day of June last, stating as his motive, my having re- 
 proved him in my official capacity, for an irregtdarity on the 4th June, 
 1812. 
 
 2d. ' For contempt of the 1st article, 12th section, of the Articles of 
 War, in stating his being aggiieved by me, his Commanding Officer, to 
 his Excellency, the Commander of the Forces, without my knowledge. 
 
 3d. ' For disobedience of my special order, in absenting himself fiom 
 the evening parade, of the 1st August, 1812. 
 
 4th. ' For repeated neglect of duty, and a direct violation of the regi- 
 mental orders of the 10th May, 1812. 
 
 5th. ' For speaking of me, his Commanding Officer, in a disrespectfid 
 and contemptuous manner, to different Officers of the regiment j all 
 tending to the prgudice of good order and military discipline. 
 
 (Signed) ' ALEXANDER JAMES RO?S, 
 
 'Major, Commanding 21st Regiment. R. S. F,' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having maturely and deliberately weighed and con- 
 sidered the evidence, in support of the prosecution, together 
 with that which the prisoner, Lieutenant John GoflF, of the 21st 
 Regiment, has adduced in his defence, is of opinion, that he is 
 Guilty of the first charge preferred against him. 
 
 With regard to the second charge, the Court also finds the 
 prisoner Guilty. 
 
W. M'Feugh. #151 
 
 The Court is of opinion, with respect to the third charge, that 
 the prisoner is Not Guilty, and doth therefore acquit him of the 
 said charge. 
 
 In regard to the fourth charge, the Court finds the prisoner 
 Guilty. 
 
 And the Court is of opinion, with respect to the fifth charge, 
 that the prisoner is also Guilty. 
 
 The first, second, fourth and fifth charges, upon which the 
 prisoner has been found Guilty, being a breach of the Articles of 
 War, the Court doth adjudge, that he, the said Lieutenant John 
 Goff, of the 2 1 St Regiment of Foot, shall be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and behalf of His Majesty, to approve and confirm 
 the finding and Sentence of the Court, and the Commander in 
 Chief directs, that the charges preferred against Lieutenant John 
 GofF, of the 2 1st Regiment of Foot, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT WILLIAM M'VEAGH.— 1812. 
 
 Worse Guards, 12 Bee. 1812. 
 
 At a General Court Martial, held at Lisbon, on the 9th Sep- 
 tember, 1812, and continued by adjournments to the l6th of the 
 same month, Lieutenant William M'Veagh, of the 77th Regiment 
 of Foot, was arraigned upon the undermentioned charges, viz. 
 
 " For behaviour unbecoming an Offieer and a Gentleman, and 
 highly subversive of good order and military discipline, in the 
 several instances set forth in the following charges, viz. 
 
 1st. For unofficerlike conduct, in absenting himself from his quarters 
 without leave, when in the Surgeon's report, from the 3d to the 7th of 
 July, 1812. 
 
 2d. ' For disobedience of orders, in not returning to his quarters, from 
 the 17th to the 29th of July, 1812, although positively ordered to do sp 
 by his Commanding Officer, in a letter dated the 25 th of the same month. 
 
 3d. ' For unofficerlike and ungentlemanlike conduct, in drawing ra- 
 tions of forfige for a horse, between the 9th and 11th days of June last, 
 and also between the 8th and 29th days of July following, although he. 
 Lieutenant M'Veagh, had not one in his possession, thereby defi'auding 
 the public of the rations of forage as aforesaid, 
 
 G G 2 
 
452 W. M'Feagh. 
 
 4th. ' For unofBcerlike conduct, in writing two letters of a disrespect- 
 ful tendency of, and to his Commanding Officer, the one dated Lisbon, 
 27th July, and the other dated Passe D'Arcos, 1st of August, 1812. 
 
 5th. ' For unofficerUke and ungentlemanlike conduct, in demanding a 
 bed, to which he was not entitled by the regulations of the Commander 
 of the Forces, between the hours of nine and twelve by night, of Wed- 
 nesday the 29th of July, 1812, and for using violence by drawing his 
 Bword, and thereby terrifying Senhora Margaritta de Cormo Correio into 
 a compliance with his demands.' 
 
 1st i^dditional charge : 
 
 ' For breaking his arrest, on, or about, the 8th of August, I8I2.' 
 
 2d Additional charge : 
 
 ' For unofficerlike and ungentlemanlike conduct, in pi-eferring charges, 
 dated Lisbon, 9th of August, against his Commanding Officer, Lieute- 
 nant Colonel Bromhead, through the irregular channel of the Major 
 General commanding in the first instance, being subversive of good order 
 and military discipline, after charges had been delivered to him. Lieute- 
 nant M'Veagh, by the Adjutant of the regiment, on the day preceding, 
 and after having actually been under arrest.' 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court having maturely and deliberately weighed and con- 
 sidered the evidence, brought forward in support of the prosecu- 
 tion, as well as what the prisoner. Lieutenant William M'Veagh, 
 of the 77th Regiment, has offered in his defence, is of opinion 
 that he is Guilty of the whole of the charges preferred against 
 him, which being in breach of the Articles of War, the Court 
 do, therefore, sentence, the prisoner. Lieutenant William M'Veagh, 
 of the 77th Regiment, to de dismissed His Majesty's service, 
 and rendered incapable of ever serving His Majesty again. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges preferred against 
 Lieutenant William M'Veagh, together with the finding and Sen- 
 tence of the Court, shall be read at the head of every corps, and 
 entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
[( 453 ) 
 
 CORNET JAMES FRANCIS SMITH.— 1811. 
 
 ^- O- Horse Guards, 2 Jan. 1812. 
 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held at Crato, in Portugal, on the 
 29th of May, 1812, and subsequent days, for the trial of Cornet 
 James Francis Smith, of the Royal Waggon Train, who was 
 arraigned upon the undermentioned charges, viz. 
 
 1st. ' Forunofficer and ungentlemanlike conduct, on the troop parade, 
 near Galizes, on Sunday the 1 9th of January, 1812, in making use of 
 violent and opprobrious language to Troop Serjeant Major William 
 Young, and Acting Regimental Serjeant Major Edvrard Stinson, in pre- 
 sence of the men, and accusing them, the said Troop Serjeant Major 
 Young, and Acting Regimental Serjeant Major Stinson, of making false 
 reports to Lieutenant Colonel Langley. 
 
 2d. ' For scandalous and infamous conduct, unbecoming the cha- 
 racter of an Officer and a Gentleman, in telling Troop Serjeant Major 
 Young, in the presence of the men at parade, on Sunday morning, the 
 19thof Januaiy, 1812, that he. Cornet James Francis Smith, did not care 
 a damn for him, or his Lieutenant Colonel, and that he, Seijeant Major 
 Young, might go and tell Lieutenant Colonel Langley so immediately. 
 
 3d. ' For scandalous and infamous conduct, unbecoming the charac- 
 ter of an Officer and a Gentleman, in publicly and unprovokedly insult- 
 ing, in the front of the regimental parade, near Galizes, on Sunday morn- 
 ing the 19th of Januaiy, 1812, the whole of the Officers, saying, when 
 spoken to, by his Commanding Officer, Lieutenant Colonel Langley, that 
 he. Cornet Smith, did not care a damn for any Officer in the regiment. 
 
 4th. ' For neglect of duty, and disobedience of the regimental orders, 
 in not attending the morning stables, particularly between the 7th and 
 1 9th of January, 1812.' 
 
 ADDITIONAL CHARGE. 
 
 ' For having, when placed under close arrest, at Estremoz, by order 
 of Captain Samuel Watson, commanding the detachment of the regi- 
 ment at that place, on the morning of the 1 1th of the present month of 
 May, presented a cocked pistol to Private James Bentley, the sentinel 
 posted at the door of his quarters, and swearing in a most violent man- 
 ner, that if he did not remove from the said door, he would blow his 
 brains out.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having maturely and deliberately weighed and con- 
 sidered the evidence, adduced in support of the prosecution, 
 against the prisoner, Cornet James Francis Smith, of the Royal 
 Waggon Train, together with what he lias alleged in his defencq, 
 and evidence tliereon, is of opinion : 
 
454 J. F. Smith. 
 
 In respect to the 1st charge, that the prisoher, Cornet James 
 Francis Smith, is Guilty of the whole of this charge. 
 
 The Court is of opiqion, with respect to the second charge, 
 that the prisoner is also Guilty of the whole of this charge. 
 
 With respect to the 3d charge, the Court is of opinion, that 
 the prisoner is Guilty, in as far as having. publicly and unpro- 
 vbkedly insulted, in front of the regimental parade, near Galizes, 
 on the igth of January, 1812, the whole of the Officers, witli 
 the exception of Lieutenant Colonel Langley, his Commanding 
 Officer, to whom, it appears, no insult was intended by the pri- 
 soner. Cornet James Francis Smith, of which part of the charge 
 he is therefore acquitted. 
 
 With respect to the 4th charge, the Court is of opinion, that 
 the prisoner. Cornet James Francis Smith, is Guilty of neglect 
 of duty, in not attending stables at several periods, between the 
 7th and 19th of January, 1812. 
 
 Which several offences, or crimes, and neglects being in breach 
 of the Articles of War, the Court do, by virtue thereof, sentence 
 him, the prisoner. Cornet James Francis Smith, of the Royal 
 Waggon Train, to be dismissed His Majesty's service. 
 
 The Court are further of opinion, with respect to the addi- 
 tional, or lifth charge, that there has not been produced a suffi- 
 ciency of evidence to substantiate this charge, of which the pri- 
 soner. Cornet James Francis Smith, is therefore acquitted. 
 
 I am to acquaint your Lordship, that His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove and confirm the finding and Sentence of the Court. 
 
 I am, my Lord, your's, 
 (Signed) FREDERICK, Commander in Chief. 
 
 General the Marquis ef Wellington, K. B. Sj-c. S^c. Sj-c. 
 
 CORNET JAMES FRANCIS SMITH.— 1813. 
 
 G. O. Horse Guards, 2 Jan. 1813. 
 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held at Lisbon, on the 3d and 4th 
 of November, 1812, for the trial of Coruet James Francis Smith, 
 
H. G. Wade. 455 
 
 of the Royal Waggon Train, who was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. ' For scandalous and infamous conduct, highly unbecoming the 
 character of an Officer and a Gentleman, in defrauding Government, by 
 drawing rations for a horse and mule, not then actually in his possession, 
 at Lisbon, on, or about, the 18th, 19th, and 20th days of September, last. 
 
 2d. ' For ordering or conniving at the sale of a quantity of fo- 
 rage, so fraudulently drawn, at Lisbon, on, or about, the 18th of Sep- 
 tember last.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having maturely and deliberately weighed and con- 
 sidered the evidence in support of the prosecution, as well as what 
 the prisoner, Cornet James Francis Smith, of the Royal Waggon 
 Train, has brought forward in his defence. 
 
 The Court do not find the prisoner. Comet James Francis 
 Smith, of the Royal Waggon Train, Guilty of the 1st part of the 
 1st charge, viz. ' for drawing forage for a horse not actually in 
 his possession, from the 18th to the 20th September, and do, 
 therefore, acquit him of that part of the charge.' 
 
 The Court find the prisoner. Cornet James Francis Smith, of 
 the Royal Waggon Train, Guilty of drawing forage for a mule, 
 not having one in his possession, from the 18th to the 20th of 
 September, and also of the second charge, which being in breach 
 of the Articles of War, the Court do, therefore, sentence the pri- 
 soner, James^ Francis Smith, of the Royal Waggon Train, to be 
 dismissed His Majesty's service. 
 
 I am to acquaint your Lordship, that His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove and confirm the finding and Sentence of the Court. 
 
 I am, my Lord, your's, 
 (Signed) FREDERICK, Commander in Chief. 
 General the Marquis of Wellington, K. B. Sj-c. SfC. SfC. 
 
 LIEUTENANT COLONEL H. G. WADE.— 1813. 
 
 Horse Guards, 30 Jan. 1813. 
 
 At a G«J€ral Court Martial, held at Cawnpore, in the East 
 
 indies, on the 7th November, IBII,and continued by adjouni- 
 
 ments to the 4tii December followii)§|» LieiUeaant Colonel Henry 
 
456 H. G. Wade. 
 
 Gore Wade, of the 8th Light Dragoons, was arraigned upon the 
 
 undermentioned charge, viz. 
 
 ' For scandalous and infamous behaviour, such as is unbecoming the 
 character of an Officer and a Gentleman, and in direct breach of the 4th 
 article of the 8th section of His Majesty's Articles of War, in having 
 exacted and received from Daniel Clarke, hcensed Sutler in the 
 Cantonments of Cawnpore,- or from persons acting in tiust for him, two 
 bribes, of one hundred rupees each, which were paid to him some time 
 in January, February, or March last, or thereabouts, in consideration of 
 his (Lieutenant Colonel Wade) having allowed the said Daniel Clarke, 
 or persons acting in trust for him, to sell spiritous liquors in the lines of 
 the corps under his command.' 
 
 Upon which charge the Court came to the following decision : 
 The Court having maturely weighed the evidence, which has 
 been brought forward on the part of the prosecution, together 
 with what the prisoner has adduced in his defence, is of opinion, 
 that Lieutenant Colonel Wade, is Guilty of the charge exhibited 
 against him, which being in breach of the Articles of War, and 
 sentence him to be cashiered. 
 
 His Royal Highness the Prince Regent lias been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and_' the Commander 
 in Chief directs, that the charge preferred against Lieutenant Co- 
 lonel H. G. Wade, shall be read at the head of every corps, and 
 entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT COLONEL ENEAS M'INTOSH, 
 CAPTAIN JOHN HYLTON, LIEUTENANT 
 EDWARD POWELL, LIEUTENANT JAMES 
 CAMERON, CAPT. CORTLANDT SKINNER 
 MEREDITH, and LIEUTENANT and ADJU- 
 TANT JOHN CONNOR.— 1813. 
 
 G. O. Horse Guards, 1 Feb. 1813. 
 
 His Royal Highness the Commander in Chief has been pleased 
 
 to direct, that the following copies of Letters, which, by the 
 
 Prince Regent's command, have been addressed to the General 
 
E. M'Intosh, (Sfc. 457 
 
 Officer commanding the Kent District, shall be circulated for the 
 information of the army. 
 
 By H. R. H. the Commander in Chief's command. 
 
 HARRY CALVERT, Adj. Gen. 
 
 Copy of a Letter addressed by Field Marshal His Royal 
 Highness the Commander in Chief to Lieutenant General the 
 Earl of Rosslyn, or General Officer commanding in 'the Kent 
 District^ dated 
 
 Horse Guards, 24 Oct. 1812. 
 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held at Hythe, on the 19th August, 
 IS 12, and continued by adjournments to the 3d September fol- 
 lowing, for the trial of Brevet Lieutenant Colonel Eneas M'In- 
 tosh, of the 85th Regiment of Foot, who was arraigned upon 
 the undermentioned charges, viz. 
 
 Charges preferred by Colonel Henry Cuyler, commanding the 
 same regiment. 
 
 1st. ' For unofficerlike conduct, in disobeying the orders of his Gom- 
 manding Officer^ in withholding a public regimental document, after being 
 repeatedly ordered to deliver it to his Commanding OflScer officially, both 
 verbally arid by letter, on, or about, the 24th and 25th of June, 1812. 
 
 2d. ' For highly disrespectful and unofficerlike conduct, in writing 
 thi-eatening letters to his Commanding Officer, particularly one, dated 
 25th June, 1812, in answer to official application made for a regimental 
 paper, in the possession of the said Brevet Lieutenant Colonel M'Intosh, 
 therein unjustly accusing Colonel Cuyler, his Commanding Officer, of 
 indecorous conduct, such as clenching his fist, and shaking it in his. Lieu- 
 tenant Colonel M'Intosh' s face, to enforce his orders, such conduct being 
 highly injurious to the service, subversive of good order and military dis- 
 cipline, and in breach of the Articles War.' 
 
 Charges preferred by Paymaster J. L. Manby, of the same re- 
 giment. 
 
 1st. ' For scandalously misapplying a sum of ^40 of public money, 
 drawn by him. Lieutenant Colonel, then Major M'Intosh, on the Pay- 
 master of the 85 th Regiment, on, or about, the 27th of December, 1809, 
 purporting to be for the subsistence of the men of the 85th Regiment, 
 on their arrival at Dover, from Walcheren, whereas the same was not to 
 that purpose appropriated, but his. Lieutenant Colonel, then Major 
 M'Intosh's own private use ; and although Paymaster Manby paid the 
 draft so drawn on him, on the public account, by the positive order of 
 
438 E. M'Intosh, S^c. 
 
 Lieutenant Colonel, then Major M'Intosh, as subsistence for the men ; 
 yet after frequent applications, on the part of the said Paymaster Manby, 
 Lieutenant Colonel, then Major M'Intosh, put him off, falsely alleging 
 it was difficult to collect it (although it never was distributed), and did 
 not reimburee Paymaster Manby, until the 26th day of February, 1810, 
 thereby leading Paymaster Manby into diiSculties, in his public accounts, 
 as well as causing him private pecuniary embarrassments ; such conduct 
 being unbecoming the character of an Officer and a Gentleman, and in 
 breach of the Articles of War. 
 
 2d. ' For having falsdy given himself credit, when closing his ac- 
 counts, up to the 24th June, 1810, with the 85 th Regimental Mess, as 
 president . of the mess-committee, as having then paid Messrs. Shipdens\ 
 Wine Merchants, at Hythe, the sum of ^120 : 8s., whereas he. Lieute- 
 nant Colonel, then Major M'Intosh, had at that period only paid the sum 
 of i650 : 8s., and did not play the remainder imtU it was discovered by a 
 member of the mess, who insisted on his immediately discharging the 
 difference ^70 : in discharge of which. Lieutenant Colonel, then Msgor 
 M'Intosh, on, or about, the 21st of Jiily, 1810, paid ^19 in cash, and 
 gave a draft for ^51, at two months, on the agents, Messrs. Crreenwood, 
 Cox, and Co. which draft was protested, and was not finally paid, until, 
 on, or about, the 13th day of May, 1811, and likewise for endeavour- 
 ing to prevail on the Wine Merchants, Messrs. Shipdens', to antedate 
 the receipt for the deficiency of the ^70, for the pnipose of deceiving his 
 brother Officers, and thereby bringing the 85 th Mess into discredit and 
 disrepute ; such conduct being unbecoming the character of an Officer and 
 a Gentleman. 
 
 3d. ' For neglect of duty, as senior M^or of the 85th Regiment, be- 
 tween the 8th day of September, 1809, and the 26th day of June, 1812, 
 in not laying before any Court Martial, an inventory of the effects, or 
 equipage of deceased Officers, such as the following. Major HiU, Lieu- 
 tenant Gordon, Ensign Gwyllyn, Captain Hoggins, Captain Naish, Lieu- 
 tenant Holmes, Lieutenant Hogg, Assistant Surgeon Weir, thereby 
 causing dissatisfaction to those, having claims on them, and preventing 
 ■ Paymaster Manby giving any true account of the debts and credits to 
 the relatives of the deceased Officers, although in one instance called 
 upon so to do, by the widow oi the late Major Hill, as Paymaster of 
 the regiment, such conduct being in breach of the Articles of War, and 
 injurious to the service. 
 
 4th. ' For sending a challenge to Paymaster Manby,. on, or about, 
 Sunday, June 7th, 1812, to fight a duel, at 7 o'clock the same evening) 
 such conduct beii^ subversive of good order and military discipline, and 
 in breach of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having most maturely deliberated upon, and most 
 
 attentively weighed and considered the evidence and matter that 
 
 has been adduced in support of the charges preferred against 
 
 the prisoner, by Paymaster Joseph Lane Manby, and Colonel 
 
E. M'Intosh, &SC. 459 
 
 Henry Cuyler, both 85th Regiment, together with what he, Bre- 
 vet Lieutenant Colonel Eneas M'Intosh, same regiment, hath 
 offered in his defence, is of opinion, that he, the said Brevet 
 Lieutenant Colonel Eneas M'Intosh, is Not Guilty of any of the 
 charges, and the Court doth therefore most fully and most ho- 
 nourably acquit him of all and every part of the same. 
 
 The Court consider it proper to express the following observa- 
 tions upon the charges generally, relative to those preferred by 
 Paymaster Manby, against the prisoner, and upon the first of 
 which, * for scandalously misapplying the sum of £4:0, &c.' it 
 appeared to the Court that Lieutenant Colonel M'Intosh drew 
 the sum of aP40, but, that he was fully authorised to do so by 
 the then situation of the 85th Regiment, under his orders, as the 
 Paymaster was absent ; it further has been established by the 
 evidence brought forward in the prisoner's defence, that he drew 
 the money for public purposes ; and that previous to drawing the 
 said of'lO, he had advanced money from his own private purse 
 to the Quarter Master of the Regiment, to convey the sick and 
 baggage of the regiment forward on their march ; and further, 
 that the said sum of .£40 had been repaid to Paymaster Manby, 
 by Lieutenant Colonel M'Intosh, and the whole matter fully 
 and completely settled on the 26th day of February, IS 10, about 
 one month previous to Paymaster Manby closing his quarterly 
 accounts, in which that sum was finally accounted for to govern- 
 ment, viz. 24th March, 1810, Paymaster Manby could therefore 
 have been let neither into error nor inconvenience, and the accu- 
 sation set forth by him against the prisoner, upon this first charge, 
 appears to the Court equally unfounded and improper. 
 
 Relative to the 2d charge exhibited against the prisoner, by 
 Paymaster Manby, Lieutenant Colonel M'Intosh has clearly 
 proved to the Court, that although he had not actually paid the 
 whole sum of £\'iO, to Messrs. Shipdens' for wine, at the time 
 specified in the charge ; yet that he neither withheld the remain- 
 der of the sum unpaid, nor endeavoured to deceive his brother 
 Officers, but, on the contrary, fully intimated to his successor, as. 
 president of the mess-committee (Major N. A. Mein of the 85th 
 Regiment) and to Lieutenant Davidson, who had the general 
 charge of the mess-accounts for Lieutenant Colonel M'Intosh, 
 that he had not paid the whole sum. 
 
460 E. M'Intosh. 
 
 It further , has been made evident to the Court, that although 
 the first bill Lieutenant Colonel M'Intosh gave to Messrs. Ship- 
 dens' for £5\, was not paid at the agents, yet, that on its being 
 returned, he. Lieutenant Colonel M'Intosh, did give to Messrs. 
 Shipdens' full and satisfactory bills for the amount of £60 (re- 
 ceiving a balance in cash) one part of which was a bill for ,£30, 
 drawn on the agents, and duly honoured; and the remainder, a 
 like sum of £S0 was an acceptance of Paymaster Manby's of a 
 bill, all of which matter had been fully and completely settled 
 upwards of one year and a half; of which fact Paymaster Manby 
 must have been perfectly aware, as his own bill (or acceptance) 
 constituted part of the liquidation given by Lieutenant Colonel 
 M'Intosh to Messrs Shipdens' on the above monies. 
 
 Relative to the fact of the prisoner having requested to ante- 
 date a receipt for the sum he had in part paid, and for the re- 
 mainder of which he had given bills, the Court do not attach any 
 criminal conduct to Lieutenant Colonel M'Intosh, vvho appeared 
 only to do so from a wish to make the accounts correspond as a 
 mere matter of form. 
 
 Under these circumstances, together with the situation of the 
 mess accounts of the 85th Regiment, at the time alluded to, and 
 a firm belief on the part of the Court that no shade of improper 
 conduct did attach to Lieutenant Colonel M'Intosh, the Court 
 most fully exonerate the prisoner from any improper motives; but 
 cannot help observing that the prosecutor. Paymaster Manby, in 
 preferring the charge at so distant a period, after he must have 
 known the transactions were settled, has been actuated by very 
 different feelings from those connected with the good of His Ma- 
 jesty's service. 
 
 Upon the third charge, exhibited by Paymaster Manby, against 
 the prisoner, it has been fully proved to the Court, by Lieutenant 
 Colonel M'Intosh, relative to the B5th Regiment in particular, 
 and likewise by the evidence of Major General M'Kenzie, and 
 the knowledge of the Members of the Court, individually, that 
 it is not usual in the service to lay or make inventories of the 
 effects of deceased officers, before Regimental Courts Martial, 
 and no proof has been adduced, in support of the prosecution, 
 to shew that Lieutenant Colonel M'Intosh has caused or excited 
 
E. M'Intosh, 8sc. 401 
 
 discontent on part of the relatives of deceased Officers, as had 
 been made the subject of investigation, but on the contrary, as 
 far as the Court has been enabled to decide, the prisoner. Lieu- 
 tenant Colonel M'Intosh, has taken due care of the effects, and 
 distributed the amounts with justice. 
 
 Relative to the fourth charge preferred by Paymaster Manby, 
 against the prisoner, the Court have to observe, that the very 
 evidence of the prosecutor himself established Lieutenant Co- 
 lonel M'Intosh by no means sent him a challenge to fight a duel ; 
 but merely required an explanation of an highly improper pas- 
 sage contained in a letter, writtea from the prosecutor to the pri- 
 soner. 
 
 The Court feel they should neglect their duty, were they to 
 close their proceedings without remarking, that the circumstances 
 which they have been called upon, by Paymaster Manby, to in- 
 vestigate, arose for the most part out of the transactions which 
 have occurred long since, and which, therefore, had he seen them 
 in the light which he now asserts he does, his regard for recti- 
 tude, and true honour, and love for his country, ought to have 
 occasioned him to bring forward at once, instead of after a lapse 
 of two years. 
 
 They conceive it further incumbent on them to deprecate, in 
 the strongest manner, the advantage which the prosecutor has 
 taken of his privilege of addressing the Court, to make state- 
 ments against his superior Officer, which he has not attempted to 
 prove ; insinuations apparently without foundation, and accusa- 
 tions, which, at the time he made them, he must have known to 
 be false, and the Court do regret, that the malice, by which Pay- 
 master Manby has been actuated, in preferring the charges, 
 should have caused an Officer, bearing so high and so distin- 
 guished a character, as Lieutenant Colonel M'Intosh has main- 
 tained in His Majesty's service, the mortification of having been 
 placed two months in arrest, and the perplexity and trouble of 
 vindicating himself from such accusations. 
 
 In reference to the two charges, preferred by Colonel Henry 
 Cuyler against the prisoner, the Court consider it their duty, in 
 addition to the full and honourable acquittal already recorded, in 
 behalf of Brevet Lieutenant Colonel Eneas M'Intosh, to state. 
 
462 E. M'Intosk, Sfc. 
 
 that with respect to the first of the said cfaarge$, the Court do 
 consider the paper alluded to, as' a document solely belonging to 
 Lieutenant Colonel M'Intosh ; and which, for his own indeinnJr 
 fication, he was entitled to retain, but that he, the prisoner, very 
 properly, as a Gentleman and a man of honour, offered a copy 
 of the paper to Colonel Cuyler ; and upon the second charge, 
 the Court did not find any thing, either improper or threatening, 
 in the letters written by Lieutenant Colonel M'Intosh, to Colo- 
 nel Henry Cuyler, whose manner towards him, the prisoner, at 
 the time alluded to in the letter dated 26th June, 1812, was at 
 least equivocal. 
 
 I am to acquaint your Lordship, that His Royal Highness the 
 Prince Regent was graciously pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court. 
 
 I am, &c, 
 (Signed) FREDERICK^ Comraand?r in Chief. 
 
 Copy of a Letter addressed by Field Marshal His Royal High- 
 ness the Commander in Chief, to Lieutenant General the Earl of 
 Rosslyn, or General Officer commanding in the Kent. District. 
 
 j^y LORD Horse Guards, 24 Oct. 1812. 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held at Hythe, on the 1st and 2d 
 instant, for the trial of Brevet Lieutenant Colonel Eneas M'In- 
 tosh, of the S5th Regiment, who was arraigned upon the under- 
 mentioned charge, viz, 
 
 ' For fraudulently causing Paymaster Manby, when president of a 
 court of inquiry, held some time in the latter part of Jiily, 1810, for 
 the purpose of settling Major M'Intosh's accounts, as president of the 
 mess-comraittee, to eredit him. Major M'Intosh, as having paid Ensign 
 Davidson, a sum of money, namely, ^28 : 5& 8 jd., whereas he. Major 
 M'Intosh, did not pay Ensign Davidson such a sum of money, but on 
 the contrary received a sum, from Ensign Davidson, of £2 : 14«.l|(f., on 
 account of the 85 th Regimental Mess, and which sum. Major M'Intosh 
 concealed at that time from Paymaster Manby, by which transactiops the 
 Mess of the 85 th Regiment has been wronged ; such conduct being un- 
 becoming the character of an Officer and a Gentleman, and in breach of 
 the Articles of War.' 
 
 Upon which charge the Court came to the following decision : 
 
J. Hyltm, S^c. 463 
 
 The Court, having most maturely and attentively weighed and 
 considered the whole of the evidence, and matter that has been 
 adduced in support of the prosecution, together with what the 
 prisoner hath offered in his defence, is of opinion, that he. Brevet 
 Lieutenant Colonel Eneas M'Intosh, S5th Regiment of Foot, (or 
 Bucks Volunteers), is Not Guilty of the charge preferred against 
 him, and the Court doth therefore most fully and honourably 
 acquit him, the aforesaid Brevet Lieutenant Colonel Eneas 
 M'Intosh of the same. 
 
 The Court feel it to be their bounden duty to reprobate, in 
 the severest terms, the conduct of the prosecutor. Paymaster 
 Manby, in thus bringing his superior Officer before a General 
 Court Martial, upon a charge of fraud, when he has not pro- 
 duced a particle of evidence to substantiate the same. 
 
 I am to acquaint your Lordship, that His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove and confirm the finding and Sentence of the Court ; and the 
 Prince Regent taking in view the conduct and apparant motives 
 of Paymaster Manby, in the prosecution of his superior OflScer, 
 upon this and the former Court Martial, was further pleased to 
 command, that it should be intimated to that Officer, that His 
 Royal Highness had no further occasion for his services, as Pay- 
 master of the 85th Regiment. 
 
 Your Lordship will therefore acquaint me with the day, on 
 which the Prince Regent's pleasure is made known to Paymaster 
 Manby, as from that day he will cease to receive pay in His 
 Majesty's service. 
 
 I am, &c. 
 
 (Signed) FREDERICK, Commaader in Chief. 
 
 Copy of a Letter addressed by Field Marshal His Royal High- 
 ness the Commander in Chief, to Lieutenant General the Earl 
 of Rosslyn, or General Officer commanding the Kent District. 
 
 MY LORD, Horse Gmrds, 14 Nov. 1812. 
 
 Having laid ^before the Prince Regent the proceedings 
 of a General Court Martial, held at Hythe, on the 4th September 
 1812, and continued by adjournments to the 1st of October fol- 
 
464 J. Hyllon, Sfc. 
 
 lowing, for the trial of Captain John Hylton, of the 85th Regi- 
 ment of Foot, who was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For scandalo;us conduct, highly unbecoming the character of an 
 Officer and a Gentlemen, in having maliciously asserted, in presence of 
 Lieutenant James Grant, Lieutenant and Adjutant John Connor, and 
 other Officers of the 85th Regiment of Foot, in Portugal, some time be- 
 tween the 1st of June and 31st July, 1811, that the late Lieutenant 
 Levids AppeHus, of the 85th Regiment of Foot, had pulled Major Ni- 
 cholas Alexander Mein, of the same regiment, by the nose, and kicked 
 him (Major Mein) or vyprds to that efiFect ; and in having aftei-wards, at 
 Silver-hill Barracks, in Sussex, between the 12th and 18th of October, 
 1811, denied ever making any such assertions to any person whatever, 
 in presence of Captain John Gordon, of the 2d (or Queen's Royal) Regi- 
 ment of Foot, who had been sent by Major Mein, to inquire if he. Cap- 
 tain Hylton had propagated the above caJumny ; and further, by making 
 a similar denial to Major Mein in person, between the 12th and 18tb of 
 October, 1811, adding that, whoever had given Major Mein information 
 that he. Captain Hylton, had made such assertions, had told a direct 
 falsehood, or to that effect. 
 
 2d. ' For scandalous conduct, highly unbecoming the character of an 
 Officer and a Gentleman, in maliciously and falsely asserting to Lieute- 
 nant William Gammell, and other Officers of the 85th Regiment, some 
 tiine between the 1st Febmary and 1st of December, 1 812, at Braboume 
 Lee's Barracks, Kent, that Lieutenant and Adjutant Connor, of the 
 same regiment, had had his nose pulled, and his posteriors kicked, or 
 words to that effect, and making similar assertions, in Portugal, to an 
 Officer or Officers of the same regiment, some time between the 1st of 
 June and 31st July, 1811 ; and also, in having in his possession, and 
 shewing a written paper to Captain Frederick Campbell, of the same re- 
 giment, stating the same unfounded calumny, such expressions and asser- 
 tions of his. Captain (then Lieutenant) Hylton's, being infamous false- 
 hoods, and highly prejudicial to Lieutenant and Adjutant Connor's cha- 
 racter, and injurious to the harmony of the 85th Regiment. 
 
 3d. ' For lughly unofficerlike and improper conduct, in falsely and 
 maliciously asserting, between the 1st of June and 31st July, 1811, in 
 Portugal, that he. Captain Hylton, (then Lieutenant,) had caught Lieu- 
 tenant and Adjutant Connor, improperly listening at his. Captain Hyl- 
 ton's, wdndow, or words to that effect, with a view of destroying the said 
 Lieutenant and Adjutant Connor's character, as an Officer and a Gentle- 
 man, and prejudicial to the hai'mony of the said 85th Regiment. 
 
 4th. ' For highly improper and unofficerlike conduct, in asserting to 
 Ensign Donald Robertson, and other Officers of the same regiment, at 
 Braboume Lee's Ban-acks, Kent, some time between the 1st of May 
 and 1st December, 1810, that Lieutenant Richard White, of the same 
 regiment, was a coWard, or words to that effect, and in making similar 
 assertions at Campo Maior, in Portugal, to some Officers of the 85th 
 Regiment of Foot, some time between the 23d June and 20th of July,. 
 
J. Hylton, Sfc. 465 
 
 1811, and for positively denying having made such assertions Ijefore a 
 regimental court of inquiry, in the ganison, at Hythe, between the 8th 
 and 14th of July, 1812, and in associating vdth the said Lieutenant 
 Richard White, in the habits of friendly intimacy, subsequently to 
 having made the above assertions, such conduct being highly injurious 
 to the established rules of the service, and subversive of good order and 
 military discipline. 
 
 5th. ' For disgracefully boxing with Serjeant Joseph Taylor, of the 
 85th Regiment of Foot, (now a Private,) between the 1st of September 
 and 20th of November, 1810, at Braboume Lee's BaiTacks, Kent, when 
 he, the said Joseph Taylor, and Captain (then Lieutenant) Hylton, se- 
 verally Icnoclced each other down, sUch conduct being known to the non- 
 commissioned officers and men of the 85th regiment, and highly injurious 
 to Captain Hylton's character as an Officer and a Gentleman, subversive 
 of good order and militai-y discipline in the 85th Regiment of Foot, and 
 contrary to the established rules of the service.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having most maturely deliberated upon, and most 
 attentively weighed and considered the whole of the evidence and 
 matter that has been brought forward in support of the prosecu- 
 tion, together with what the prisoner hath offered in- his defence, 
 is of opinion, with respect to the first charge, that he, the pri- 
 soner, is Not Guilty of the same, and the Court doth, therefore, 
 acquit him. Captain John Hylton, of the said charge, in preferring 
 which, the prosecutor does not appear to have been actuated by 
 any improper motive, as the misconception of the prisoner's mode 
 of expression gave rise to the charge. 
 
 The Court are of opinion that the prisoner. Captain John 
 Hylton, is Guilty of the second charge exhibited against him. 
 
 The Court are of opinion that the prisoner. Captain John 
 Hylton, is Not Guilty of the third charge preferred against him, 
 and the Court doth, therefore, acquit him,, the prisoner, of the 
 same. 
 
 The Court are further of opinion that the prisoner. Captain 
 John Hylton, is Not Guilty of the first part of the fourth charge 
 exhibited against him, namely, highly improper and unofficerlike 
 conduct in asserting to Ensign Donald Robertson, and other 
 Officers of the same regiment, at Brabourne Lee's Barracks, 
 Kent, some time between the 1 st of May and 1 st of December, 
 1810, that Lieutenant Richard White, of the same regiment, was 
 a coward, or words to that effect, and in making a similar asser- 
 
 H H 
 
466 J. Hylto>i,^e. 
 
 tion at Campo Maior, in Portugal, to some Officers of the 85th 
 Foot, Jbettv^en 23d June and the 20th July, 181 1, and the Court 
 doth, therefore, acquit him of the same, but the Cpwrt are of 
 opinion that he, Captain John Hylton, is Guilty of the latter parts 
 of the fourth charge, namely, positively denying having made any 
 such ^sger^ion Ijefore a regimental court of inquiry, in the garrison 
 Jit Hythe, which court was held between the 8th and 14th June, 
 1812, (inste^^ of the 8th a^d 14th of July, 1812, as set forth by 
 mistake in the spepial warrant containing the charge,) and in as- 
 sociating with the said Lieutenant Richard White, in the habits 
 pf frietidly intimacy subsequent to having made the above asser- 
 tions, such conduct being highly injurious to the established rules 
 of the service, and subversive of good order and military discipline. 
 The Court are of opinion that the prisoner, Captain John 
 Hylton, is Not Guilty of the fifth charge preferred against him, 
 and the Court doth, therefore, acquit him, the prisoner, of the 
 said charge. 
 
 ' From the culpability of the prisoner's conduct on such parts 
 of the charges as the Court have found him Guilty, viz. the whole 
 l)f the second and the latter parts of the fourth charge, the Court 
 doth sentence him, the aforesaid Captain John Hylton, to be 
 cashiered.. 
 
 ■ The Court have not failed to remark the palpable falsehoods 
 which the witness, Joseph Taylor, has been guilty of, and which 
 seemed to have afforded the grounds for the fifth charge against 
 Captain Hylton ; and they regret that it does not appear to them 
 they have sufficient jurisdiction to punish the said Joseph Taylor 
 for his evident prevarications and false assertions. 
 
 ■ The Court consider it necessary to explain their verdict rela- 
 tive to the fourth charge : their intention is to acquit the prisoner. 
 Captain John Hylton, of highly improper conduct in asserting to 
 Ensign Donald Robertson, &c. &c. but the Court do not acquit 
 him of asserting. Therefore, there exists no contradiction in 
 their finding the prisoner guilty on the latter parts of the said 
 charge, relative to his denial of having made the assertion before 
 the court of inquiry, alluded to in the fourth charge, and in his 
 associating with the said Lieutenant White, on terms of friendly 
 
 "intimacy, after having made such assertions, &c. 
 
E. Powell, S;c. 467 
 
 I am to acquaint your Lordship that his Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to approve 
 and confirm the finding and Sentence of the Court. 
 
 Your Lordship will, therefore, acquaint me with the day on 
 which the Prince Regent's pleasure is made known to the pri- 
 soner, Captain Hylton, as from that day he will cease to receive 
 pay in His Majesty's service. 
 
 I am, my Lord, your's, 
 (Signed) FREDERICK, Commander in Chief. 
 
 Copy of a Letter addressed by Field Marshal His Royal 
 Highness the Commander in Chief, to Lieutenant General the 
 Earl of Rosslyn, or General Ofiicer commanding the Kent Dis- 
 trict, dated 
 
 ,^,^ -r ^^-r^ Horse Guards, 14 Nov. 1812. 
 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 
 of a General Court Martial, held at Hythe, on the 22d October, 
 
 18 J 2, and continued by adjournments to the 30th of the same 
 
 month, for the trial of Lieutenant Edward Powell, of the 85th 
 
 Regiment of Foot, who was arraigned upon the undermentioned 
 
 charge, viz. 
 
 ' For highly improper and disgraceful conduct, unbecoming the cha- 
 racter of an Officer and a Gentleman, in having entered into a personal 
 contest with Mr. Henry Knight (then an Ensign in the 85th Regiment) 
 by repeatedly striking, and receiving blows with a horsewhip, from the 
 said Mr. Henry Knight, at the Ship Inn, in New Romney, on, or about, 
 tlie evening of the 21st July, 1812.' 
 
 Upon which charge the Court came to the following decision : 
 The Court having most maturely deliberated upon, and most 
 attentively weighed and considered the whole of the evidence, 
 and matter adduced in support of the prosecution, together with 
 what the prisoner hath offered in his defence, is of opinion, that 
 he. Lieutenant Edward Powell, 85th Regiment of Foot, or 
 Bucks Volunteers, is Not Guilty of the charge preferred against 
 him, for it hath clearly appeared to the Court, that he did not 
 enter into a personal contest with Mr. Henry Knight, but, on 
 the contrary, that his (the prisoner's) conduct on the occasion 
 alluded to, was perfectly consistent with propriety, and the de- 
 
 H H 2 
 
468 J. Cameron, Sfc. 
 
 meanour of a Gentleman, until he received so gross and violent 
 a personal assault, that his retaliation in striking the said Mr. 
 Henry Knight, with a horsewhip, was nothing more than sudden 
 resentment and irritation might have, and did occasion. The 
 Court doth, therefore, fully and honourably acquit him (the pri- 
 soner) of all and every part of the charge. 
 
 I am to acquaint your Lordship, that His Royal Highness was 
 graciously pleased, in the name and on the behalf of His Majesty, 
 to approve and confirm the finding and Sentence of the Court. 
 
 I am, &c. 
 (Signed) FREDERICK, Commander in Chief. 
 
 Copy of a Letter addressed by Field Marshal His Royal High- 
 ness the Commander in Chief, to Lieutenant General the Earl 
 of Rosslyn, or General Officer commanding the Kent District, 
 dated 
 
 ,,,, T ^^^ Horse Guards, 2 Jan. 1813. 
 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 
 of a General Court Martial, held at Hythe, on the 30th October, 
 
 1812, and continued by adjournments to the 18th November 
 
 following, for the trial of Lieutenant James Cameron, of the 85th 
 
 Regiment, who was arraigned upon the undermentioned charges, 
 
 viz. — 
 
 1 St. ' For unofficerlike conduct, in having misapplied the public money, 
 stopped from the accounts of deceased soldiers,' for their coffins, to the 
 amount of £7 : 14s., and not paying the carpenter, Mr. John Watts, of 
 Braboume Lees, but giving him a note of band, dated the 9th of June, 
 1810, at sixteen days' date, which note of hand was not paid until fre- 
 quent complaints had been made, and not until after he, 'Lieutenant 
 James Cameron, had been placed in arrest, by his Commanding Officer, 
 on the 14th August, 1812. 
 
 2d. ' For unofficerlike conduct, in not reimbursing Paymaster Dean, 
 of the 18th Light Dragoons, a sum of .£5 : 5s, being pay and march- 
 ing money advanced a Corporal and five privates of the 85 th Regiment, 
 from Gosport to Braboume Lees, in July, 1-809, having received and 
 charged, to the pubUc, their marching money, in his account, to the 24th 
 September, 1809, notwithstanding his having sworn before a Regimental 
 Court Martial, held 6th July, 1812, at Hythe Barracks, Kent, such 
 marching money had been disallowed him, and which sum of ^5 : 5s, 
 has been paid since Lieutenant James Cameron w4s placed in arrest. 
 
 3d. ' For neglecting to settle his pubUc accounts with District Pay- 
 master Daniels, at Maidstone, to the amount of ^18 : 17*. 8|d., due 
 
J. Cameron, Sfc. 469 
 
 since the 24th December, 1809, although frequently applied to for- the 
 Said public money, thereby preventing the said district Paymaster closing 
 his accounts with government.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having most maturely deliberated upon, and most 
 attentively weighed and considered the whole of the evidence 
 and matter adduced in support of the prosecution, together with 
 what the prisoner hath offered in his defence, is of opinion, re- 
 lative to the first charge, that he, the prisoner, is Not Guilty, and 
 the Court doth, therefore, acquit him, Lieutenant James Cameron, 
 , of the said charge, for it appears to the Court, that although there 
 was an irregularity in the prisoner's having given his note of hand 
 to Mr. John Watts, and not discharging the amount when due, 
 yet that no misapplication of the public money existed, as far as 
 he was concerned ; for the debt of ,£'7 : 14«. was contracted with- 
 out his (Lieutenant Cameron's) knowledge or authority, by a, 
 Serjeant under his orders; and that he, the prisoner, was not 
 liable for the said debt, had he not yoluntarily taken it upon him- 
 self, for the greater satisfaction of Mr. Watts ; and the Court do 
 firmly believe, that the prisoner was prevented discharging the 
 debt from unforeseen difficulties, which arose in consequence of 
 his ignorance of accounts, when in charge of the d6p6t, 85th 
 regiment. 
 
 The prisoner has also proved to the Court, that he had paid 
 part of =£7 : 14s. to Mr. John Watts, and had made an arrange- 
 ment for the liquidation of the remainder, which had been ac- 
 cepted by Mr. Watts, but which had not been completed, in 
 consequence of Colonel Cuyler's refusal to deliver up to the pri- 
 soner, his note of hand for £7 : I4s. in compliance with the 
 written directions of Mr. Watts. 
 
 The Court are further of opinion, that the prisoner is Not 
 Guilty of the second charge preferred against him,, and the Court 
 doth therefore acquit the prisoner of the said charge, for it hath 
 appeared clearly to the Court, by the instructions which the pri- 
 soner received from Paymaster Daniels for his guidance, that he 
 ought not to have reimbursed Paymaster Dean, of the 18th Light 
 Dragoons, the five guineas in question ; and further, that he, 
 the prisoner, did not charge Corporal Rowe, and party, with their 
 
470 J, Cameron, ifc. 
 
 shares of the said five guineas, with the distribution of whkb, ■ 
 the Court are led to believe, Corporal Rovye did not make the 
 prisoner acquainted, on the arrival of the party at Braboume 
 Lees ; and in as far as relates to the prisoner having sworn, that 
 he had been disallowed the marching money of the party, it 
 has been proved to the Court, that such disallowance had ac- 
 tually been made against him upon a pay-list, by the contents of 
 which the prisoner had sworn, and was led to suppose the disal- 
 lowance had been made. 
 
 It further appears to the Court, that the prisoner has been out 
 of pocket by reimbursing Paymaster Dean, of the 18th Light 
 Dragoons, the whole amount of the five guineas, in compliance 
 with Colonel Cuyler's orders-, and that he (Lieutenant Cameron) 
 ought not to have been called upon to discharge a greater part 
 than the marching money of the said Corporal and party (after- 
 wards found to be allowed him) amounted to viz. £% : 9*. 6d., 
 and the amount which the prisoner may still recover from the 
 surviving men of Corporal Rowe's party, viz, £l : 9s. 3d. ; in all 
 £3 : ISs.Qd. 
 
 The Court are also of opinion, that the prisoner is Not Guilty of 
 the third charge preferred againsthim ; and the Court doth there- 
 fore acquit him. Lieutenant James Cameron, of the- said charge, 
 for it has been proved to the Court, that the prisoner evinced' 
 great anxiety and exertion to have his accounts settled ; and that 
 he did, early in the year 1810, proceed to Maidstone for that 
 purpose, when he made a settlement with Mr. Daniels, relative 
 to his accounts (then supposed to be con-ect) receiving a balance 
 apparently due to him, but that subsequent disallowances and 
 errors had brought a balance against the prisoner, which the Court ' 
 have ascertained is about three pounds less than the balance ex- 
 pressed in the third charge. 
 
 The Court having thus fully acquitted the prisoner. Lieutenant' 
 Cameron, of all the charges preferred against him, deem it proper 
 further to declare, that in their opinion no shade of dishonesty, or 
 improper intention attaches to the prisoner's conduct in any part 
 of the transactions which they have investigated, and that the tri- 
 fling embarrassments and deficiencies existing against Lieutenant 
 Cameron, arose from his having accidentally been placed and 
 
€. S. Meredith, S^c. 47t 
 
 called upon to (tischarge the difficult and arduous duties con- 
 nected with the accounts, &c. of. the d6pdt, 85th Regiment, 
 amounting at one time to 2.0y men (mostly sick from VValcheren), 
 at a period \<'hen he, the prisoner, had been but a short time art- 
 Ensign in the regiment. i\nd it appears to the Court, notwith-. 
 standing some small pecuniary inaccuracies arising from the pri- 
 soner's want of competent knowledge of military accounts, that' 
 he evinced such great and laudable zeal and anxiety iu discbai^ge 
 of the duties of the d6p6t, as to obtain, in consequence, a letter 
 of thanks, and approbation from the Hon. Major General W^ 
 Stewart ; and also favourable mention of his conduct in publiCf 
 regimental orders, 85th Regiment, by Colonel Cuyler, his Com-, 
 manding Officer. 
 
 I am to acquaint your Lordship that the Prince Regent was, 
 pleased, in the name and on the behalf of His Majesty, to approve, 
 and confirm the iindiug and Sentence of the Court. 
 
 I am, &c. 
 (Signed) FREDERICK, Commander in Chief, 
 
 Copy of a Letter addressed by Field Marshal His Royal High- 
 ness the Commander in Chief, to Lieutenant General the Earl of 
 Rosslyn, or General Officer commanding in the Kent District^ 
 dated 
 
 Horse Guards, 22 Jan. 1813. 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held in the cavalry barracks, .at 
 Hytlie, on the 26th November, 1810, and continued by adjourn- 
 ments to the 1 Ith December following, for the trial of Captain 
 Cortlandt Skinner Meredith, of the 83th regiment, who was ar- 
 raigned upon the undermentioned charge, viz. 
 
 ' For scandalous and infamous conduct, highly unbeconling the cha- 
 racter of an Officer and a gentleman, in disgracefully slandering and 
 traducing the character of Colonel Guyler, of the 85th Regiment, his 
 Commanding Officer, by asserting, and propagating a calumny to tKe' 
 following eflfect, in the garrison of Brabourrie Lees, in the County ot 
 Kent, at different periods between the 1st of January, and 25 th. of Au- 
 gust, 1810, viz. that he, Captain C. S. Meredith, 85th Regiment, could 
 prove Colonel Cuyler, 85th Regiment, a coward, anddrunk on dufyj or 
 words to that eifect, adding that he. Captain C. S. Meredith, 85th Regi- 
 
472 J, Connor. 
 
 mept, would bring Colonel Cuyler, 85th Regiment, to a Court Marttai, 
 and " sm^sh Him," Colonel Cuyler,. if ever he attempted to annoy him. 
 Captain C. S. Meredith, such assertions and reports thereby tending to 
 deprive Colonel Cuyler, commanding 85th Regiment, of the confidence 
 of the Officers, non-commissioned Officers, and soldiers of the 85 th Regi- 
 ment, placed under his (Colonel Cuyler' s) command, such assertions and 
 reports being injurious to Colonel Cuyler's character as an Officer and a 
 Gentleman, highly injurious to the established rules of His Majesty's 
 service, and in breach of the Articles of War.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having most maturely deliberated upon, and most 
 attentively weighed and considered the whole of the evidence and 
 matter brought forward in support of the prosecution, together 
 with what the prisoner has offered in his defence, is of opinion, 
 that he, Captain Cortlandt Skinner Meredith, of the 83th Regi- 
 ment, is Guilty of the charge exhibited against him, and the Court 
 doth, therefore, sentence him, the aforesaid Captain Cortlandt 
 Skinner Meredith, to be discharged from His Majesty's service. 
 
 I am to acquaint your Lordship that His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to 
 approve and confirm the finding and Sentence of tlie Court 
 
 Your Lordship will, therefore, acquaint me with the day upon 
 which the sentence is made known to the prisoner, Captain Me- 
 redith, as from that day he will cease to receive pay in His 
 Majesty's service. 
 
 I am, Slc. 
 (Signed) FREDERICK, Commander in Chief. 
 
 Copy of a Letter addressed by Field Marshal His Royal High- 
 ness the Commander in Chief, to Lieutenant General the Earl of 
 Rosslyn, or General Officer commanding in the Kent District, 
 
 dated 
 
 Horse Gmrds,22 Jan. 1813. 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held in the cavalry barracks, at 
 Hythe, on the 18th December, 1812, and continued by adjourn- 
 ments to the 3Uth of the same month, for the trial of Lieutenant 
 and Adjutant John Connor, of the 85th Regiment of Fopt, who 
 was arraigned upon the undermentioned charges, viz. 
 
J. Connor. 473 
 
 lit. ' For scandalous and infamous conduct, in asserting, at Campo 
 Maior, in Portugal, about the latter end of June, or the beginning of 
 July, 1811, that Captain Cortlandt Skinner Meredith, his superior OfiBcer, 
 was a blackguard, and that no Officer ought to speak to him, or words 
 to that effect, such conduct being unbecoming the character of an Officer 
 and a Gentleman, subversive of good order and military discipline, and 
 in breach of the Articles of War. 
 
 2d. ' For scandalous and infamous conduct in coming into Captain 
 Cortlandt Skinner Meredith's quarters, at Braboume Lee's barracks, on 
 or about the evening of the 20th of February, 1812, and there grossly 
 insulting him, saying that Captain Cortlandt Skinner Meredith, his supe- 
 rior officer, was damned insolent, or words to that effect, and otherwise 
 conducting himself with great disrespect, such conduct being highly sub- 
 versive of good order and military discipline, unbecoming the character 
 of an Officer and a Gentleman, and in breach of the Articles of War. 
 
 3d. ' For unofficerlike and unmilitary conduct, in threatening to flog 
 John Mortimer, a Staff Serjeant in the 85th Regiment, on, or about, the 
 end of January, orthe beginning of Februaiy, 181 1, if he, Seijeant John 
 Mortimer, did not give in a claim against Captain Cortlandt Skinner Me- 
 redith, the captain of his company, though informed at the time, by Ser- 
 jeant John Mortimer, that such claim was unjust, and for using the most 
 opprobrious epithets to the said Serjeant John Mortimer, on, or about, 
 the end of February, or the beginning of March, 1812, after he, Serjeant 
 John Mortimer, had given in evidence before a General Coiu-t Martial on 
 the subject, calling him, Serjeant John Mortimer, a damned, rotten, 
 emaciated good-for-nothing scoundrel, or words to that effect, such con- 
 duct being unbecoming the character of an Officer and a Gentleman, sub- 
 versive of good order and military discipline, and in breach of the Articles 
 of War.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having most maturely deliberate'd upon, and most 
 attentively weighed and considered the whole of the evidence and 
 matter adduced in support of the prosecution, together with what 
 the prisoner hath offered in his defence, is of opinion, that he. 
 Lieutenant and Adjutant John Connor, is Guilty, in part, of the 
 first charge exhibited against him, namely, in having used the ex- 
 pressions specified in the said charge, and for which the Court 
 considers him highly culpable and unguarded ; but the Court are 
 of opinion that he, the prisoner, did not do so with any scan- 
 dalous or iufamous intention, as the prisoner, in his defence, has 
 established, that circumstances existed, which impressed him with 
 a perfect conviction that his using the epithets relative to Captain 
 Meredith, was neither * scandalous nor infamous,' and the Court 
 doth, therefore, acquit him of that part of the charge. 
 
474 J. Connor. 
 
 fldly. The Court are further of opinion, that the prisoner is 
 Guilty, in part, of the second charge preferred against him, 
 namely, in having used the expressions specified in the said- 
 charge, and for which the Court eonsicJers him. Lieutenant and 
 Adjutant Connor, highly culpable ; but the Court do not find the 
 prisoner Guilty of either scandalous or infamous conduct, as 
 stated in the charge,, and the Court doth, therefore, acquit him of 
 the same. 
 
 The Court are sorry to be under the necessity of observing 
 upon tlus chatrge,: that the conduct of the prosecutor towm'ds the 
 prisoner was not, at all times, correct, when he. Lieutenant and 
 Adjutant Connor, was, from his official situation, obliged to make 
 verbal communication to Captain Meredith in compliance with 
 the orders of his commanding, Officer. 
 
 Sdly. The Court are of opinion, that the prisoner is Not Guilty 
 of the third charge exhibited against him, and the Court doth,, 
 therefore, acquit him of the said charge. 
 
 In reference to the degree of impropriety and want of caution 
 which is attached to the prisoner's conduct, in such parts of th«' 
 1st and. 2d charges as he hath been found Guilty upon, the Court 
 doth sentence hian,, the said Lreutenaint and Adjutant John Con- 
 nor, 85th Regimeirt, to be most severely and publicly repri- 
 manded. 
 
 I am to acquahit your Lordship, tliat His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove and confirm the finding and Sentence of the Court, and' to 
 command that the same should be carried into efiect. 
 
 I am, 8cc. 
 (Signed) FREDERICK, Commander in Chief. 
 
 Copy of a Letter addressed by Field Marshal His Royal High- 
 ness the Commander in CliJef, to Lieutenant General the Earl of 
 Rosslyn, or General Officer commanding the Kent District, dated 
 
 Horse Guards,,2Z Jan. 1813.' 
 MY LORD, 
 
 I have to transmit, herewith, my separate Tetters' con- 
 veying a communication of the Prince Regent's approval and 
 confirmation, in the name and on the behalf of His Majesty, of 
 
X Connor. 475 
 
 the finding and sentences of the several Courts Martial which 
 have been held within these few months,, upon the Officers of 
 the 85th Regiment, whose names are stated below ;* and I have 
 to acquaint you that His Royal Highness was pleased to re- 
 mark, that from the whole tenor of the proceedings of the abofve 
 mentioned Courts Martial, but particularly of those on Brevet 
 Lieutenant Colonel M'Intosb, Captain Hylton, Captain Mere- 
 dith, and Lieutenant and Adjutant Connor, it appears that the 
 most unfortunate division and dissentions have subsisted for a' 
 length of time past, in the 85th Regiment, to an extent which 
 would seem to have sapped the foundation of discipline and 
 subordination among the Officers, to have destroyed their re- 
 spectability, generally speaking, in the eyes of the men, and to 
 have rendered the services of the regiment, in a great measure, 
 lost to the country. 
 
 His Royal Highness was further pleased to observe, that in 
 considering the cause which has led to these disorders, and the 
 reports which have, from time to time, been made upon the state 
 of discipline of this regiment, it is but too apparent that the spirit 
 of party, which has, in a great measure, affected the whole corps, 
 has been allowed to gain ground under an extreme want of fivni>- 
 ness and consistency, on the part of the Commanding Officer,. 
 Colonel Cuyler, whose acquirements and qualifications as a Comt- 
 manding Officer, are not of a nature to command such respect to 
 his authority as would have been calculated to repress- the course. 
 of disorder that has disgraced the discipline of the corps, and hajve 
 manifested his unfitness for the discharge of the important duties 
 devolving on bim as the Commanding Officer of a regiment. 
 
 It appeared to His Royal Highness to be unnecessary to enter 
 into a circumstantial detail of the various occurrences, wherein 
 insubordination and disorder have" been manifested under Colonel! 
 Cuyler's command, and where the interposition of a proper au- 
 thority, enforced by that steady line of conduct which is required 
 of a Commanding Officer, would have checked and eradicated,^ 
 if not have entirely prevented, the existence of the evil. ( 
 
 But taking into consideration the whole circumstances of the 
 
 * Brevet Lieutenant Colonel M'Intosb, Capt. Hylton, Lieut. Powell, 
 Lieut. Cameron, Captain Meredith, Lieut, and Adjutant Connor. 
 
476 J. Connor. 
 
 case, the Prince Regent was pleased, in the name and on the 
 behalf of His Majesty, to command, that an intimation shall be 
 made to Colonel Cuyler of the expediency of his retirement from 
 the service : in consideration, however, of the length of time he 
 has served in the army, and of the cause of this proceeding aris- 
 ing in his want of qualification for the command of a regiment, 
 rather than any misconduct as an individual, His Royal Highness 
 was graciously pleased to permit that OfBcer to sell his commis- 
 sion as Lieutenant Colonel. 
 
 The Prince Regent was further pleased to remark, that the 
 spirit of party, which has been so long allowed to exist in the 
 85th Regiment, appears to have taken such strong hold of the 
 corps as at present constituted, as to leave little hope, that the 
 exertions of any Commanding Officer could now remedy such 
 deep-rooted evil, and bring the regiment back to a due sense of 
 subordination and discipline : — His Royal Highness has, there- 
 fore, been pleased, in the name and on the behalf of His Majesty, 
 to command, that every Officer, without exception, who has 
 joined the 85th Regiment, shall be removed or exchanged to dif- 
 ferent corps in the service ; not only as an example to the army 
 generally, but in order that, by the introduction of other officers, 
 no recurrence can possibly take place of those instances of dis- 
 sention which have destroyed the discipline of this corps, as well 
 as the respect of the non-commissioned Officers and soldiers for 
 their superiors. 
 
 In communicating this decision, I have received the Prince 
 Regent's commands, to desire, that your Lordship will, at the 
 same time, explain to the officers, that it has been adopted as a 
 <reneral measure of expediency, and not intended as an imputa- 
 tion against any individual : and that your Lordship will assure 
 Brevet Lieutenant Colonel M'Intosh and Major Mein in parti- 
 cular, that the measure does not lessen the feeling of approba- 
 tion under which their general services are appreciated ; and that 
 due consideration is^ given to the very honourable terms by which 
 the Courts Martial have expressed their acquittals of the charges 
 preferred against Brevet Lieutenant Colonel M'Intosh. 
 
 I am, &c. 
 (Signed) FREDERICK, Commander in Chief. 
 
p. M' Arthur. 477 
 
 N. B. Lieutenant Colonel Cuyler shortly afterwards sold out as 
 Lieutenant Colonel of the 46th Regiment. — Brevet Lieutenant 
 Colonel M'Intosh died in 1814, as Major in the 79th Regi- 
 ment. — Brevet Lieutenant Colonel Mein sold out, in 1819, as 
 Major in the 43d Regiment. — Lieutenant Powell is now in the 
 57th Regiment. — Lieutenant Cameron died in 1818, as a 
 Lieutenant in the 79th Regiment. — Lieutenant and Adjutant 
 Connor is now on the retired list of the late 5th Royal Veteran 
 Battalion. — Editor. 
 
 LIEUTENANT THOMAS HERRING.— 1813. 
 
 Horse Guards, 4 Feb. 1813. 
 At a General Court Martial, held at Halifax, Nova Scotia, 
 on the 28th September, 1812, and continued by adjournments to 
 the 7th of October following, Lieutenant Thomas Herring, of 
 the 99th (or Prince of Wales's Tipperary) Regiment, was arraign- 
 ed upon the undermentioned charge, viz. 
 
 ' For conduct unbecoming the character of an Officer and a Gentleman, 
 in prevaricating, and deposing falsely, when sworn as an evidence before 
 a General Court Martial, on the 4th and 7th instant.' 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court Martial, after the most attentive consideration of 
 the evidence given by Lieutenant and Adjutant Thomas Herring, 
 of the 99th Regiment, before the late General Court Martial, of 
 which Major General Sir Thomas Saumarez was president, and 
 mature deliberation on the evidence now given in the prosecu- 
 tion, in exculpation, and the prisoner's defence, is of opinion, 
 that he is Guilty of the crime as exhibited against him, and doth 
 therefore sentence him, the said Lieutenant and Adjutant Thomas 
 Herring, of the 99th (or Prince of Wales's Tipperary) Regiment 
 to be cashiered. 
 
 His Royal Highness the Prince Regent was pleased, in the 
 name and on the behalf of His Majesty, to approve and con- 
 firm the finding and sentence of the Court, and the Commander 
 in Chief directs, that the charge preferred against Lieutenant and 
 Adjutant Herring, together with the finding and Sentence of the 
 
478 G. Towel. 
 
 Court, shall be read at the head of every corps, and entered in- 
 the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUT. AND ADJUTANT G. TOWELL— 1813- 
 
 Horse Guards, 1 2 Jefc. 1 8 13. 
 At a General Court Martial, held at the Royal Hospital, Chel- 
 sea, on the 14th January, 1813, Lieutenant and Adjutant George 
 Towell, of the 3d (or Prince of Wales's) Regiment of Dragoon 
 Guards, was arraigned upon the undermentioned charge, viz. 
 
 ' For vilifying the character of his superior Officer, Major Philip Hay, 
 -pf the 18th Regiment of Light Dragoons, by falsely asserting, in, or 
 ,a^Q^t, the month of August, 1810, at Deal, that he, the said Lieutenaat 
 and Adjutant G. Towell, had given to Major Hay, One Hundred Pounds, 
 on condition of his obtaining the Adjutancy of the 3d Dragoon Guards, 
 ■such conduct being to the prejudice of good order and military dis- 
 cipline.' 
 
 Upon which charge the Court came to the following de- 
 icision : 
 
 The Court having maturely weighed and deliberated upon the 
 evidence brought forward on the part of the prosecution, and 
 what has been stated in defence, are of opinion, that the prisoner 
 is Not Guilty of the crime laid to his charge, viz. ' of vilifying 
 the character of Major Hay, by falsely asserting that he, the said 
 Lieutenant and Adjutant Towell, had given to Major Hay ,£lOO, 
 on condition of obtaining the Adjutancy of the .^d Dragoon 
 Guards ;' but they are also of opinion, that in a conversation with 
 Lieutenant Macartney, the prisoner appears to have left the im- 
 pression that the transaction between him and Major Hay was 
 intended for his (Major Hay's) benefit, so as to have made Major 
 Hay desirous of vindicating himself from such a reflection, which 
 he has done, in the opinion of the Court, in the most satisfactory 
 manner. 
 
 His Royal Highness the Prince Regent was pleased, in the 
 name and on the behalf of His Majesty, to approve and confirm 
 the finding of the Court, and the Commander in Chief directs, 
 that the charge preferred against Lieutenant and Adjutant G. 
 
J. H. Cruice. 479 
 
 ToweU, of the Sd Dragoon Guards, together with the finding 
 of the Court, shall be read at the head of every corps, and 
 entered in the general order book. 
 
 By command of H. R H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant and Adjutant Towell still remains in the regi- 
 ment. — Editor. 
 
 LIEUTENANT JOHN H. CRUICE.— 1813. 
 
 Horse Guards, 25 Feb. 1813. 
 
 At a General Court Martial, held at Lewes, on the l6th of De- 
 cember, 1812, and continued by adjournments to the 5th of Ja- 
 nuary, 1813, Lieutenant John H. Cruice, of the '!6th Regiment 
 of Foot, was arraigned upon the undermentioned charge, viz. 
 
 ' For conduct unbecoming the character of an Officer and a Gentle- 
 man, while on the recruiting service in the town of Nottingham, or at, 
 or near, Matlock in the county of Derby, in, or about, the month of 
 September, 1810, or between that mouth and the month of May, 1811, 
 in suffering himself to have a horsewhip shook over his head, or being 
 threatened to have one so shook, and in receiving the most gross and 
 insulting language from Lieutenant Green, of the Royal Navy, as re- 
 ported by that Officer to Captain Edward B. Balguy, of the 36th Regi- 
 inent, in or about the said month of May, 1811.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence, adduced in support of the charge preferred against Lieu- 
 tenant Cruice, and what that Officer has submitted to repel the 
 same, is of opinion that he, the said Lieutenant Cruice, is not in 
 the most distant degree Guilty, but, on the contrary, that he has 
 laboured under the most oppressive, unfounded, and unjust ca- 
 lumny ; the Court does, therefore, most fully and honourably ac- 
 quit him, Lieutenant Cruice, of all and every part of the charge, 
 and he is hereby most fully and honourably acquitted. 
 
 The Court is induced further to express its entire approbation 
 of the conduct of Lieutenant Cruice in his decided, but respectful 
 and officerlike manner,in so repeatedly demanding an investigation 
 into the circumstances reported to his Commanding Officer, and 
 cannot fail to regret that an earlier attention was not paid 
 thereto. 
 
480 R. Balfour. 
 
 His Royal Highness the Prince Regent was pleased, in the 
 name and on the behalf of His Majesty, to approve and confirm 
 the finding and decision of the Court ; and the Commander in 
 Chief directs, that the foregoing charge, preferred against Lieu- 
 tenant John H. Cruice, of the 36th Regiment, together with the 
 decision of the Court, shall be read at the head of every corps, 
 and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Cruice died in 1815. — Editor. 
 
 COLONEL ROBERT BALFOUR.— 1813. 
 
 Horse Guards, 26 Feb. 1813. 
 
 At a General Court Martial, held at Wakefield, on the 7th 
 of January, 1813, and continued by adjournments to the 18th 
 of the same month. Colonel Robert Balfour, Lieutenant Colonel 
 of the 2d (or Royal North British) Regiment of Dragoons, was 
 arraigned upon the undermentioned charges, viz. 
 
 1st. ' For issuing and publishing in the- orderly books of the 2d (or 
 Royal North British) Regiment of Dragoons, a regimental order bear- 
 ing date, on, or about, the 20th of March, 1811, wherein he authorised 
 and directed William Weir, then Regimental Quarter Master, to sup- 
 ply the Dragoons of the respective troops of the regiment, with regi- 
 mental necessaries, thereby interfering with the duty and responsibi- 
 lity imposed upon the Captains and Officers commanding troops, by the 
 various regulations and orders issued by His Majesty, and the Com- 
 mander in Chief, and particularly by the general regulations and orders 
 issued on the 1st of November, 1804. 
 
 2d. ' For having continually since the issue of the regimental order of 
 March, 20th 1811, and by means thereof, knowingly permitted the said 
 William Weir, then Regimental Quarter Master to make exorbitant 
 charges on several articles of regimental necessaries and equipment fur- 
 nished by him to the Dragoons of the Regiment, and knowingly allowed 
 the said William Weir to derive an unwarrantable and illegal profit, out 
 of the prices at which the said articles, or many of them, were by him 
 furnished to the regiment, or connived at his so doing, in direct viola- 
 tion of the abovementioned regulations and orders, and particularly 
 of those issued on November 1st 1804, all such conduct being highly 
 detrimental and injurious to His Majesty's service, in violation of the trust 
 reposed in him, as the Commanding Officer of the 2d (or Royal North 
 British) Regiment of Dragoons, and to the prejudice of good order and 
 military discipline.' 
 
R. BaJfour. 48 1 
 
 Upon which charges^the Court came to the following decision : 
 
 The Court, having most seriously, and attentively, and with 
 great deliberation, weighed and considered the whole, and every 
 part of the evidence, that has been brought forward in support 
 of the prosecution against the prisoner, Colonel Robert Balfour? 
 Lieutenant Colonel of the 2d (or the Royal North British) Regi- 
 ment of Dragoons, together with his defence and the evidence 
 in support thereof, is of opinion, that he. Colonel Robert Bal- 
 four, Lieutenant Colonel of the 2d (or the Royal North British) 
 Regiment of Dragoons, is Guilty of the first charge. 
 
 The Court is also of opinion, that he, Colonel Robert Balfour, 
 is Guilty of the second charge, which being breaches of the 
 Articles of War, the Court doth in consequence sentence him, 
 the said Colonel Robert Balfour, Lieutenant Colonel of the 2d (or 
 the Royal North British) Regiment of Dragoons, to be cashiered. 
 
 The Prince Regent was pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding 
 and sentence of the Court. But His Royal Highness was, at 
 the same time, pleased to command it to be explained, that upon 
 neither of the charges does there appear upon the face of the 
 proceedings any thing to impute dishonourable or unworthy mo- 
 tives to Colonel Balfour, and that in exonerating the prisoner 
 from any unworthy imputation connected with the regimental 
 order, specified in the charges, such a favourable view of the 
 case has its origin in the following considerations, viz. 
 
 That although upon minute investigation, the order he issued 
 has been found inconsistent with the declared regulations of the 
 service, yet it is made manifest, by the circumstances adduced on 
 the face of the proceedings, that Colonel Balfour was misled 
 by a misconstruction of the real meaning of those regulations ; 
 that his absence on leave, in consequence of ill health for many 
 months, precluded his exerting the same watchfulness over the 
 execution of this order, as he might otherwise have done ; that 
 no representation having been made to him, from the other Offi- 
 cers of the regiment (some of whom exercised the command) 
 during his absence, seems to have induced him to believe that 
 the regimental ai'rangement he had authorized for the provision of 
 necessaries, had in fact, been beneficial in its effects, and that in 
 
 I I 
 
482 A. Morrow and M. Moore. 
 
 consequence of his illness, and also of not having been apprised of 
 any complaints, during his absence. Colonel Balfour was ignorant 
 of the different articles having been overcharged by Quarter Mas- 
 ter Weir, to the detriment of the men. 
 
 Under all these circumstances. His Royal Highness vras pleased 
 to consider, that a full distinction exists to the honour and advan- 
 tage of Colonel Balfour, between the abuse of the authority 
 vested in the Quarter Master, who has been convicted of exact- 
 ing undue profits upon the sale of necessaries, and the motives 
 by which the Colonel appears, upon the face of the proceedings, 
 to have been actuated in granting that authority. 
 
 Upon the whole of these grounds, therefore, and taking ipto 
 consideration the length of Colonel Balfour's services, and the 
 respectability of his character, the Prince Regent was graciously 
 pleased to consider him a fit object for Royal clemency, and to 
 command that he should' be restored to the functions of his com- 
 mission. 
 
 His Royal Highness was further pleased to command, that, 
 in explaining the grounds of remitting the sentence passed upon 
 the prisoner, he. Colonel Balfour, should be severely reprimand- 
 ed in His Royal Highness's name, and admonished to be more 
 attentively observant, in future, of the rules and regulations of the 
 service. 
 
 His Royal Highness the Commander in Chief is pleased to 
 direct, that the charges preferred against Colonel Balfour, to- 
 gether with the opinion and Sentence of the Court, and the 
 Prince Regent's pleasure thereon, shall be read at the head of 
 every regiment, and entered in the regimental order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Major General Balfour is still in the army.-— Editor. 
 
 LIEUTENANTS MORROW and MOORE.— 1813. 
 
 i Horse Guardt, 1 March, 1813. 
 
 At a General Court Martial, held at Exeter, on the 7th of Ja- 
 nuary, 1813, and continued by adjournments to the 20th of the 
 
A. Morrow and M. Moore. 483 
 
 same month, Lieutenants A. Morrow and M. Moore, of the S9th 
 Regiment, were arraigned upon the undermentioned charges, viz. 
 
 " For scandalous and infamous conduct, highly unbecoming the cha- 
 racter of Officers and Gentlemen, in the following instances : 
 
 1st. ' On, or ahout, the 14th of March, 1811, at Roscio D'Abrantes, 
 in Portugal, in making use of the most gross and improper language to 
 each other ; in the course of which, a blow was given by Lieutenant 
 Morrow to Lieutenant Moore. 
 
 2d. ' On, or about, the ICth of May, 1811, near Albuera, in Spain, 
 in making use of the most gross and improper language to each other, 
 in the presence of many Officers assembled in the rear of the regiment.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, after the most mature consideration of the evidence, 
 both for and against the prisoners, Lieutenant A. Morrow and 
 Lieutenant M. Moore, both of the SQth Regiment, is of opinion, 
 that the said Lieutenant A. Morrow, is Not Guilty of the former 
 part of the first charge ; with regard to the latter part of the same 
 charge, which relates to a blow having passed, the Court is of 
 opinion, that it has not been satisfactorily proved in evidence, 
 and do, therefore, acquit the said Lieutenant A. Morrow of that 
 part of the first charge also. 
 
 Regarding the matter contained in the second charge, the Court 
 find the prisoner, Lieutenant A. Morrow, Guilty. 
 
 The Court find the prisoner. Lieutenant M. Moore, Guilty of 
 the first charge. 
 
 Regarding the matter contained in the second charge, the Court 
 find the prisoner. Lieutenant M. Moore, Guilty. 
 
 The Court having found Lieutenant A. Morrow Guilty of the 
 second charge, and Lieutenant M. Moore Guilty of the first and 
 second charges, in breach of the Articles of War, do sentence 
 them, the said Lieutenant A. Morrow and Lieutenant M. Moore, 
 to be dismissed from His Majesty's service. 
 
 The Court, after duly considering the long and faithful services 
 of Lieutenant A. Morrow, and the other circumstances in his 
 peculiar case, feel induced most earnestly, and most respectfully, 
 to recommend him to His Royal Highness the Prince Regent for 
 mercy. 
 
 The Court also most humbly beg leave to submit to the gra- 
 cious consideration of His Royal Highness, the circumstances 
 of both the prisoners. Lieutenants A. Morrow and M.Moore, 
 
 I I 2 
 
484 J. Morrow. 
 
 having done duty with their regiment, and been in action with 
 the enemy, after the offence for which they have now been tried, 
 was committed. 
 
 The Prince Regent was pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 sentence of the Court ; but under all the circumstances of the 
 case, as they appear upon the face of the prqpeedings. His Royal 
 Highriess was further pleased to consider the prisoners as proper 
 objects for Royal clemency, and to command that they should 
 be restored to the functions ot their commissions in the army, 
 aftpr a severe reprimand, and an admonition to be more circum- 
 spect- in their future conduct. 
 
 His Royal Highness the Commander in Chief is pleased to 
 direct, that the opinion and Sentence of the Court, and the 
 Prince Regent's pleasure thereon, shall be read at the head of 
 every regiment, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieuts. Morrow and Moore, are since dead. — Editor. 
 
 LIEUTENANT A. MORROW.— 1813. 
 
 Horse Guards, 2 March, 1813. 
 
 At a General Court Martial, held at Exeter, on the 22d of Ja- 
 nuary, 1813, and continued by adjournments to the 26th of the 
 same month. Lieutenant" A. -Morrow, of the 39th Regiment, was 
 arraigned upon the undermentioned charge, viz. 
 
 ' For scandalous and infamous conduct, in aspersing the character of 
 Lieutenant Colonel Lindsay, his superior Officer, on, or about, the 23d 
 day of December, 1812, at Exeter, by asserting, that during an engage- 
 ment in the Peninsula, Lieutenant Colonel Lindsay, then command- 
 ing the 2d Battalion of the 39th Regiment, was called on by General 
 Steward, commanding the division, to do his duty, and " not to skulk 
 behind a rock" or words to that effect.' 
 
 Upon which charge the Court came to the following decision: 
 
 The Court, after the most mature consideration of the evidence 
 against the prisoner, Lieutenant A. Morrow, of the 39th Regi- 
 ment, together with what he has stated in his defence, is of 
 opinion, that he is Guilty of the charge preferred against him,. 
 
T. Henry. 485 
 
 being in breach of the Articles of War, and do, therefore, sen- 
 tence him, the said Lieutenant A. Morrow, to be dismissed from 
 His Majesty's service. 
 
 His Royal Highness the Prince Regent was pleased, in the 
 name and on the behalf of His Majesty, to approve and confirm 
 the finding and Sentence of the Court, and the Commander in 
 Chief directs, that the charge preferred against Lieutenant Mor- 
 row, together with the opinion and Sentence of the Court, shall 
 be read at the head of every corps, and entered in the general order 
 book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. See page 4S4.— Editor. 
 
 LIEUTENANT THOMAS HENRY.— 1813. 
 
 Horse Guards, 20 April, 1813. 
 
 At a General Court Martial, held at Basseterre, Guadaloupe, 
 on the 9th November, 1812, and continued by adjournments to 
 the 17th of the same month. Lieutenant Thomas Henry, of 
 the 8th West India Regiment, was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. ' For conduct highly unbecoming the character of an Officer and 
 a Gentleman, in having, on the 24th July last, falsely certified upon his 
 honor, in writing to his Comraanding Officer, that he (Lieutenant Henry) 
 had paid for all necessaries, or other articles for which soldiers are liable 
 to be charged, whereas the sum of twenty-five dollars, or thereabouts, 
 remained unsettled for, on the 1st day of September last, for articles 
 furnished him, by the merchants of Point-a-Petre, for the use of the 
 Company under his command, being in breach of the Articles of War. 
 
 2d. ' For having, in like manner, falsely certified on his honor, on the 
 24th day of July last, that the arms of the Company entrusted to his 
 command, were in good repair, whereas many stand of the said arms 
 were much in need of repair, being in breach of the Articles of War. 
 
 3d. ' For leaving the garrison, at Point-a-Petre, on, or about, the 15th 
 August last, without previously settling with the merchants of that town, 
 for divers articles purchased by him, for the Company entrusted to his 
 care, although the accounts of the said Company had been charged ac- 
 cordingly, and his having, besides, received nearly the full amount of his 
 Company's abstract, to the 24th August, 1812, conduct highly unbe- 
 coming the character of an Officer and a Gentleman, being in direct dis- 
 obedience to His Majesty's rules and regulations, and of the Articles of 
 War. 
 
486 T. Menr^. 
 
 4th. ' For disobedience of orders, and neglect of duty, in not having 
 inserted, or caused to be inserted, in the Company's orderly book, the 
 brigade, garrison, and regimental orders, from the 24th of May, to the 
 15th August, 1812.' 
 
 Upon which charges the Court came to the followiilg decision : 
 
 The Court, having most maturely and deliberately weighed and 
 considered the evidence, adduced in support of the prosecu- 
 tion, together with what the prisoner. Lieutenant Thomas Henry, 
 of the 8th West India Regiment has brought forward in his de- 
 fence, is of opinion as follows : 
 
 With respect to the first charge preferred against him, by the 
 prosecutor. Lieutenant Colonel Alen, that the prisoner Lieute- 
 nant Thomas Henry, of the 8th West India Regiment is Guilty 
 of the same. 
 
 In regard to the second charge, the Court is of opinion, that 
 the same has not been proved. 
 
 As to the third charge, the Court is of opinion, that the pri- 
 soner. Lieutenant Thomas Henry, of the 8th West India Regi- 
 ment, is Guilty thereof. 
 
 And respecting the fourth charge, the Court is of opinion, that 
 the brigade, garrison, and regimental orders, from the 24th day of 
 May to the 15th day of August, 1812, have not been inserted or 
 caused to be inserted, by the prisoner. Lieutenant Thomas Henry, 
 of the 8th West India Regiment, in the orderly book of the com- 
 pany which he then commanded ; but as he was, during a great 
 part of that period, labouring under severe indisposition, and as 
 there was occasionally some difficulty in procuring the Adjutant's 
 orderly book for that purpose, the Court doth therefore acquit the 
 prisoner, Lieutenant Thomas Henry, of any criminality on that 
 account. 
 
 The Court having found the prisoner. Lieutenant Thomas 
 Henry, of the 8th West India Regiment, Guilty of the first and 
 third charges preferred against him, by the prosecutor Lieutenant 
 Colonel Luke Alen, of the 8th West India Regiment, the same 
 being a breach of the Articles of War, it doth, by virtue thereof, 
 adjudge that the prisoner. Lieutenant Thomas Heni7, of the 8th 
 West India Regiment, be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, 
 
T. F. Gunter. 487 
 
 in the name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court, and the Comnjan- 
 der in Chief directs, that the charges preferred against Lieutenant 
 Thomas Henry, together with the finding and Sentence of tlie 
 Court, shall be read at the head of every corps, and entered in 
 the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN THOMAS F. GUNTER.— 1813. 
 
 Horse Guards, 22 April, 1813. 
 At a General Court Martial, held at Chambly, in the Dis- 
 trict of Montreal, Canada, on the 11th and 12th November, 1812, 
 Ensign Thomas F. Gunter, of the Canadian Regiment of Feu- 
 cible Infantry, was arraigned upon the undermentioned charge, viz. 
 
 ' For neglect of duty, in repeatedly absenting himself, without leave, 
 from a detachment of the Canadian Fencibles, in charge of ordnance 
 stores, commanded by Captain Pentz, while on the march from Mon- 
 treal to Kingston, between the 23d and 27th September, 1812, but uiofg 
 particularly, on, or about, the morning of the 26th, at vfhich time he 
 was so intoxicated as to be incapable of proceeding with the detachment.' 
 
 Upon which charge the Court came to the following decision : 
 The Court having heard and examined the article of the charge 
 preferred against the prisoner, Ensign Thomas F. Gunter, of the 
 Regiment of Canadian Fencibles, and the evidence adduced in 
 support thereof, together with his defence, is of opinion, that he 
 is Not Guilty of an intentional neglect of duty, in being absent 
 from his Detachment on the 23d and 24th of September last, and 
 doth therefore acquit him of the same. The Court is further of 
 opinion that the said Ensign Gunter is Guilty of the neglect of 
 duty charged against him on the 26th of the said month, and of 
 being so intoxicated, on that day, as to be incapable of proceed- 
 ing with the detachment. The Court doth, therefore, for the same, 
 adjudge the said Ensign Thomas F. Gunter to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Coiu-t, and the Commander 
 in Chief directs, that the foregoing charge preferred against En- 
 
488 J. M'Quarrie. 
 
 sigft Thomas F. Guriter, of the Canadian Fencible Infantry, to- 
 gether with the Sentence of the Court, shall be read at the head 
 of every corps, and entered in the general order book. 
 
 By command of his H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JOHN M'QUARRIE,— 1813. 
 
 Horse Guards, 24 April, 1813. 
 At a General Court Martial, held at Fort Royal, Martinique, 
 on the l6th November, 1812, and continued by adjournments to 
 tlie lyth of the same month, Lieutenant John M'Quarrie, of the 
 1st Battalion of the 63d Regiment, was arraigned upon the 
 undermentioned charges, viz. 
 
 1st. ' For conduct highly disgraceful and unbecoming the character of 
 an Officer and a Gentleman, in appealing at the church parade of the 
 regiment, on Sunday, the 27th of September, 1812, in a state of in- 
 toxication. 
 
 2d. ' For conduct highly disgraaeful and unbecoming the character of 
 an Officer, in being drunk, when for the duty of orderly subaltern of the 
 day, on Sunday, the 27th September, 1812, having been named in regi- 
 mental orders for the said duty, the day before.' 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court, having maturely weighed and deliberated upon 
 the evidence brought forward in support of the prosecution,, as 
 well as that on the part of the defence, is of opinion, with respect 
 to the first charge, that the prisoner Lieutenant John M'Quarrie, 
 of the 1st Battalion 63d Regiment, is Guilty thereof. 
 
 With respect to the second charge, that he, the prisoner, Lieu- 
 tenant John M'Quarrie, of the 1st Battalion 63d Regiment is 
 Guilty thereof, it being in breach of the Articles of War, and 
 do, therefore, sentence him, the prisoner, Lieut. John M'Quarrie, 
 of the 1st Battalion 63d Regiment, to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in . Chief directs, that the charges preferred against Lieutenant 
 John M'Quarrie, of the 1st Battalion 63d Regiment, together 
 
D. Dupre and P. Lawless. 489 
 
 with the Sentence of the Court, shall be read at the head of 
 every corps and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN DANIEL DUPRE.— 1813. 
 
 Horse Guards, 26 April, 1813. 
 
 At a General Court Martial, held at Chambly, in the District 
 
 of Montreal, Canada, on the 27th of November, 1812, Ensign 
 
 Daniel Dupr6, of the Canadian Regiment of Fencible Infantry, 
 
 was arraigned upon the undermentioned charge, viz. 
 
 ' For being so drunk, on guard, on, or about the 25th November, 1812, 
 at the post, at Chamblay, as to be incapable of doing his duty.' 
 
 Upon which charge the Court came to the following decision : 
 The Court having heard and examined the information exhi- 
 bited against the prisoner, together with his defence, is of opinion, 
 that Ensign Daniel Dupr6 is Guilty of the whole of the article 
 of charge exhibited against him, and doth therefore adjudge him, 
 the said Ensign Daniel Dupr6, to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charge, preferred against 
 Ensign Daniel Dupr6, of the Canadian Regiment of Fencible 
 Infantry, together with the Sentence of the Court, shall be read 
 at the head of every corps, and entered in the general order 
 
 book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen- 
 
 LIEUTENANT PETER LAWLESS.— 1813. 
 
 Horse Guards, 27 April, 1813. 
 
 At a General Court Martial, held at Chelmsford, on the 26th 
 
 of January, 1813, and continued by adjournments to the 8th of 
 
 February following, Lieutenant Peter Lawless, of the South 
 
490 P. Lawless. 
 
 Mayo Militia> was arraigned (ipon the undermentioned charges, 
 viz. 
 
 1st Charge. ' For neglect of duty and highly irregular conduct, when 
 in command of a detachment of the South Mayo Militia, on the march 
 from Westport, in Ireland, to Weeley Barraclts, in England, between 
 the periods of the 8th September, 1812, and the 21st October, 1812, in 
 having frequently absented himself fi-om the said detachment, particu- 
 lai'ly from the 9th September, 1812, to the evening of the 13th Septem- 
 ber, 1812, and from the 14th September, 1812, to the evening of the 
 17th of Septemberj 1812, vrhen the detachment was marching into 
 Dublin. 
 
 2d Charge. ' For oppressive conduct, in different instances, towards 
 the said detachment, on the march through England, from Liverpool to 
 Weeley Ban-acks, commencing 28th September, 1812, and ending 21st 
 October, 1812. First, " in having, on, or about, the 6th of October, 
 1812, marched the men of the said detachment, from Tamworth to 
 Atherstone, a distance of about ten miles, though they had, on the same 
 day, marched from Lichfield, a distance of about eight miles, and had 
 been billeted by order of him (Lieutenant Lawless). 
 
 2dly. " In having, on, or about, the 13th day of October, 1812, or- 
 dered Serjeant Mathew Wilson, of the South Mayo Militia, not 
 to issue billets though they were dravni, and in the Serjeant's possession, 
 to the undermentioned recruits, viz. Patrick M'Nulty, Thomas Denig, 
 and Philip Jepings, whereby the said recruits were obliged to remain in 
 the streets during that night, after a march of twenty-nine miles, or 
 thereabouts. 
 
 3dly. " In having, on, or about, the 28th day of September, 1812, 
 forced Jeremiah Barrett, a recruit, to march forward from Liverpool, and 
 tor several days afterwards, although he (Lieutenant Lawless) knew the 
 said recruit, Barrett, was ill. 
 
 4thly. " In having struck, on, or about, the 11th day of October, 
 1812, in the town of Thrapston, Manas Gordon, a recruit, with his 
 clenched hand." 
 
 3d Charge. ' In being under pecuniary obligations to non-commis- 
 sioned Officers and privates of the South Mayo Militia, in the following 
 instances, viz. To Serjeant Major (then Serjeant) Wallis, in the sum 
 of ^5 : 51!. 6d., or thereabouts, being money lent to Lieutenant Lawless, 
 by the said Serjeant Major, fiwmi in, or about, the month of July, 1811, 
 up to the 3d day of December, 1812. To Galaspy Cameron, private in 
 the Grenadier Company, in the sum of two guineas, or thereabouts, lent 
 him, by the said Galaspy Cameron, at Strabane, in Ireland, in, or about, 
 the month of June, 1811. To Martin Murphy, private in the Light 
 Company, in the sum of ^8 : 14s. 6d., being money lent by the said 
 Martin Murphy, to Lieutenant Lawless, part of it, in, or about the month 
 of December, 1811, in Colchester, and pai't of it, on, or about, the 9th 
 of November, 1812, in Weeley. " To Serjeant Colbert Malone, in the 
 sum of £5 : Is. OJrf., or thereabouts, part of the same being, pay due to 
 the said Serjeant, and, part money lent, which money was not paid on the 
 3d December, 1812. 
 
p. Lawless. 491 
 
 ' All such acts being in violation of His Majesty's orders, contrary to 
 his duty as an OiBcer, and derogatory to the character of a Gentleman, 
 and subversive of good order and military discipline.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely considered the evidence for and 
 against the prisoner, as well as what he has urged in his defence, 
 are of opinion, that he is Guilty of the first charge, inasmuch as 
 his absenting himself from his detachment, within the periods 
 stated, is certainly neglect of duty and irregular conduct; but the 
 Court are of opinion, Lieutenant Lawless's attention to his party 
 during the march through England, in addition to his not having 
 regimentals with him, in consequence of being placed on the re- 
 cruiting service, while on leave of absence, do very much mitigate 
 the crime of the prisoner. 
 
 The Court find the prisoner Not Guilty of oppressive conduct, 
 as stated in the first part of the second charge, as a march of six- 
 teen miles from Lichfield to Atherstone, cannot be considered as 
 such, but the Court consider the conduct of Lieutenant Lawless, 
 in having ordered the detachment to be billeted at Tamworth, as 
 very irregular. 
 
 The Court find the prisoner Guilty of the second part of the 
 second charge, but do not deem his conduct therein as oppressive, 
 strong measures having become necessary in consequence of the 
 insubordination of the detachment at Cambridge. 
 
 The Court find the prisoner Guilty of the third part of the 
 second charge. 
 
 The Court acquit the prisoner of the fourth part of the second 
 charge. 
 
 The Court find the prisoner Guilty of the whole of the third 
 charge. 
 
 The Court doth, therefore, sentence the prisoner. Lieutenant 
 Peter Lawless, to be supended from rank and pay for six months, 
 and to be publicly and severely reprimanded. 
 
 Although the sentence appeared inadequate to the finding of 
 the Court, yet His Royal Highness the Prince Regent was 
 pleased, in the name and on the behalf of His Majesty, to ac- 
 quiesce in it : but under all . the circumstances of the case., as 
 they appear upon the face of the proceedings, the Prince Regent 
 
492 J. Pookr and C. C. Shiell. 
 
 was further pleasfed to consider the prisoner, Lieutenant Lawless, 
 an unfit person to remain in the South Mayo Militia. 
 
 The Commander in Chief directs, that the charges preferred 
 
 against Lieutenant Lawless, together with the decision of the 
 
 Court, and the Prince Regent's pleasure thereon, shall be read 
 
 at the head of every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 SURGEON JOHN POOLER, ESQ.— 1813. 
 
 Horse Guards, 28 April, 1813. 
 
 At a General Court Martial, held at Cabeca de Vide, in Portu- 
 gal, on the 17th of February, 1813, John Pooler, Eisq. Surgeon 
 to the Forces, was arraigned upon the undermentioned charge, 
 viz. — 
 
 ' For disobedience of the general orders of the army, more particu- 
 larly that of the 23d of October, 1810, by employing Charles Jones, pri- 
 vate in the 3d Regiment of Dragoon Guards, as his servant, and to attend 
 upon him in a menial capacity, at Albe de Cha6, about the beginning of 
 December, 1812.' 
 
 "Upon which charge the Court found the prisoner Guilty, and 
 sentenced him to be suspended from his staff appointment and 
 pay, for the space of four calendar months, which sentence has 
 been approved by the Commander of the Forces in Spain and 
 Portugal. 
 
 His Royal Highness the Commander in Chief has been pleased 
 to direct, that the charge preferred against Staff Surgeon Pooler, 
 and the Sentence of the Court, shall be read at the head of every 
 regiment, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Staff Surgeon Pooler is now upon Half-pay. — Editor. 
 
 LIEUTENANT C. C. SHIELL.— 1813. 
 
 Horse Guards, 29 April, ) 813. 
 
 At a General Court Martial, held at Coria, in Spain, on the 
 
 lyth of February, 1813, and continued by adjournment to the 
 
T. Hawkins. 493 
 
 20th of the same month, Lieutenant C. C. Shlell, of the 1st 
 Battalion of the 39th Regiment, was arraigned upon the under- 
 mentioned charge, viz. 
 
 ' For being drunk, on his guard, and when on duty under arms in 
 command of the main guard, at Coria, about the 10th February, 1813.' 
 
 Upon which charge the Court came to the following decision : 
 The Court, having maturely and deliberately weighed anA 
 considered the evidence for the prosecution, together with what 
 the prisoner has urged in his defence, and the evidence he has 
 brought forward in support of it, is of opinion that he, the said 
 Lieutenant Shiell, of the SQth Regiment, is Guilty of the matter 
 charged against him, being in breach of the Articles of War, and 
 does therefore sentence him to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, 
 in the name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court, and the Com- 
 mander in Chief directs, that the charge preferred against Lieute- 
 nant C. C. Shiell, of the 1st Battalion, 39th Regiment, together 
 with the finding and Sentence of the Court, shall be read at the 
 head of every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN T. HAWKINS.— 1813. 
 
 Horse Guards, 15 May, 1813. 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held at Lisbon, on the 25th of 
 January, 1813, and continued by adjournments to the 20th of 
 February following, for the trial of Captain T. Hawkins, of the 
 47th Regiment, who was arraigned upon the undermentioned 
 charges, viz. 
 
 1 St. ' For behaving in a scandalous, infamous manner, such as is un- 
 becoming the character of an Officer and a Gentleman, by inserting in 
 his returns of provisions and forage, from the 7th of June, to the 10th 
 of July last^ for a detachment at Lisbon, the name of Captain Provost 
 Martial Fellows, vrith three animals ; Captain Fellows, in fact, not hav- 
 ing been, during that period, at Lisbon, thereby knowingly defrauding 
 the Government to the amount of such false returns. 
 
494 R. ArcMall. 
 
 2d. ' For hawing, about the begiraiiftg of September last, when under 
 arrest at Lisbon, by order of General Peacocke, left Ms confinement, 
 before he was set at liberty by that Officer, or by any superior power.' 
 
 Upon which charges the Court came to the following deci- 
 sion : 
 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence, adduced in support of the charges preferred 
 against the prisoner, Captain T. Hawkins, of the 47th Regiment, 
 together with what he has offered in his defence, and the evi- 
 dence thereon, are of opinion, that he is Guilty of the whole 
 and every one of the charges preferred against him, being in 
 breach of the Articles of War, and do, by virtue thereof, sen- 
 tence him, the prisoner, Captain T. Hawkins, of the 47th Regi- 
 ment, to be dismissed His Majesty's service, 
 
 I am to acquaint your Lordship, that the Prince Regent was 
 pleased, in the name and on the behalf of His Majesty, to approve 
 and confirm the finding and Sentence of the Court ; but as it ap- 
 pears, from the evidence adduced on the face of the proceedings, 
 that the insanity of Captain Hawkins is sufficiently proved to 
 render him an object of Royal clemency, His Royal Highness 
 was further pleased to command, that the prisoner should be 
 placed upon half-pay, on a favourable opportunity presenting 
 
 itself. 
 
 I am, my Lord, your's, 
 
 (Signed) FREDERICK, Commander in Chief. 
 
 General the Marquis of Wellington, K. G. Sj-c. SfC. Sj-c. 
 
 N. B. Captain Hawkins died shortly afterwards. — Editor. 
 
 LIEUT. COLONEL R. ARCHDALL.— 1813. 
 
 Horse Guards, 15 May, 1813'. 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held at Lainego,on the 4thFebruaryy 
 1813, and continued by adjournments to the 23d of the same 
 month, for the trial of Lieutenant Colonel R. Archdall, of the 
 40th Regiment, who was arraigned upon the undermentioned 
 charges, ~viz. 
 
R. ArcMall. 495 
 
 1st. ' For violent and oppressiTe conduct unbecoming an Oiflcei and 
 contrary to the rules of the service. 
 
 2d. ' For having, on the march from Villa de Ciervo to Cedoveni, 
 and at the latter village, inflicted corporal punishment on several non-com- 
 missioned Officers and private men of the 40th Regiment, without any 
 trial, sufficient Officers being present to have formed a Court Martial. 
 
 3d. ' For acting contrary to the spirit, and avoiding the intentions of 
 the late act of Parliament, limiting the sentences of Regimental Courts 
 Martial to 300 lashes, by inflicting, at one time, the sentences of two dis- 
 tinct Regimental Courts Martial, held for different offiences. 
 
 4th. ' For using intemperate and improper language to Officers of the 
 regiment, the same being in breach of good discipline, and unbecoming 
 the character of an Officer and a Gentleman. 
 
 5th. ' For divulging the contents of a confidential letter, addressed by 
 Captain Heyland, to the late Major Colquhoun, and falsely asserting 
 that he had opened the same in the presence of Captain Phillips and 
 Lieutenant J. Cook, being conduct unworthy the character of an Officer 
 and a Gentleman. 
 
 6th. ' For having released soldiers of the regiment, sentenced by 
 Courts Martial to receive corporal pimishment, and having permitted 
 those soldiers to do duty in the presence of the enemy, and at other 
 times, the punishment still impending, and afterwards put in execution, 
 the same being highly prejudicial to good discipline, and contrary to the 
 orders of the army.' 
 
 Upon which charges the Court came to the following decision : . 
 
 The Court having maturely weighed and considered the evi- 
 dence, adduced in support of the prosecution, as well as what 
 the prisoner. Lieutenant Colonel Richard Archdall, 40th Regi- 
 ment, has urged in his defence) is of opinion, with respect to the 
 first charge, that he is Guilty of violent conduct, but doth acquit 
 him of oppressive conduct, unbecoming an OflScer and contrary 
 to the rules of the service. 
 
 With respect to the second charge, the Court is of opinion 
 that the prisoner is Guilty. 
 
 In regard to the third charge, the Court is of opinion the pri- 
 soner is Not Guilty, as no such Act of Parliament exists in the 
 knowledge of die members of this Court, but is of opinion, that 
 the prisoner is Guilty of acting contrary to the spirit of the cir- 
 cular confidential letter from His Royal Highness the Com- 
 mander in Chief, to Officers commanding Regiments, bearing date. 
 Horse Guards, 25th March, 1812. 
 
 With respect to the fourth charge, the Court is of opinion that 
 the prisoner is Guilty. 
 
496 R. ArcMalL 
 
 With respect to the fifth charge, the Court* is of opinion the 
 prisoner is Not Guilty, and doth acquit him thereof. 
 
 With respect to the sixth charge, the Court is of opinion the 
 prisoner is Guilty. 
 
 The several charges and parts of charges above specified, of 
 which the prisoner has been found Guilty, being in breach of the 
 Articles of War, the Court doth, by virtue thereof, adjudge him, 
 the said Lieutenant Colonel R. Archdall, to be dismissed from 
 His Majesty's service. 
 
 The following recommendation, written by Major General 
 Hay (the President) accompanies the proceedings, viz. 
 
 " Lamego, 2 March, 1813. 
 MY LORD, 
 
 I have the honour to acquaint your Lordship that I am 
 requested by the members of the Court Martial, of which I am 
 President, to recommend to your Excellency's favourable consi- 
 deration the prisoner. Lieutenant Colonel Archdall, as after 
 having performed the painful part of its duty, in consequence of 
 his having transgressed against the Articles of War, yet it most 
 humbly begs leave to submit, that there is a conviction on their 
 minds, that he has been actuated by what appeared to him a 
 most zealous discharge of his duty. 
 
 The Court also begs leave to submit to your Excellency's con- 
 sideration, the testimonials of Lieutenant General Cole, and Major 
 General Anson, as to the prisoner's character, as an Officer and 
 a Gentleman, as also that of Staff-surgeon Boatflower to the 
 same effect, and that of Assistant-surgeon Cartan, which latter 
 evidence has also borne testimony to his humane attention towards 
 the sick of the 40th Regiment. 
 
 The Court cannot close their proceedings, without feeling it 
 their duty to remark upon, and to express their regretj that the 
 fourth charge should have been brought forward by the prose- 
 cutor, for their investigation, as it appears from the evidence of 
 Lieutenants Butler and Lunn, that Lieutenant Colonel Archdall 
 had made an explanation to their satisfaction; the Court can- 
 not but remark also upon the frivolous part relative to Lieu- 
 
F- F. Browne. 497 
 
 tenant Richardson's great coat, as adduced in evidence in that 
 charge. 
 
 I have the honour, &c. 
 
 (Signed) ANDREW HAY, Major Gen. & President. 
 
 His Excellency the Commander of the Forces, Sj-c. S^c. SfC. 
 
 I am to acquaint your Lordship that the .Prince Regent was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove and confirm the finding and Sentence of the Court, but in 
 consideration of the recommendation of the Court ; as conveyed 
 by the letter from the Presidentj addressed to your Lordship, 
 His Royal Highness was further pleased to command, that the 
 prisoner. Lieutenant Colonel Archdall, should be allowed to 
 receive the regulated value of his majority, 
 I am, my Lord, your's, 
 (Signed) FREDERICK, Commander in Chief. 
 General the Marquis of Wellington, K. G. Spc. SfC. Sj-c. 
 
 BREVET LIEUT. COL. F. F. BROWNE.— 1813. 
 
 Horse Guards, 27 May, 1813. 
 At a General Court Martial, held in the town of Rousseau, 
 Dominica, on the 21st November, 1812, and continued by ad- 
 journments to the 27th of the same month, Brevet Lieutenant 
 Colonel F. F. Browne, Major of the 6th West India Regiment, 
 was arraigned upon the following charges, viz. 
 
 1st. ' For addressing to Major General Lindsey, commanding His 
 Majesty's troops in garrison, in the Island of Dominica, two letters, 
 dated the 11th and 28th of August, 1812, written in a style of high 
 disrespect and insubordination, particularly the last, which conveyed 
 expressions of threat and insult to the Major General, his superior and 
 Commanding Officer ; such conduct being subversive of military disci- 
 pline, and highly injurious to His Majesty's service. 
 
 2d., ' For disobedience of orders, in not assembling and holding a 
 garrison or detachment Court Martial, at the post of Prince Rupert's, 
 agi'eeable to an order for that pmpose, dated Mome Brine, the 18th 
 August, 1812, and for contemptuous and disrespectful conduct, in writing 
 to Brigade Major Jack, in reply to a letter dated 20th August, 1812, 
 stating that he would have nothing to do with the said order, although 
 he acknowledged the order was written by order of Major General 
 Lindsey, such conduct being subversive of military discipline and subor- 
 dination, and contrary to the Articles of War. 
 
 K K 
 
498 -F. F. Browne 
 
 3d. ' For disobedience of orders in not giving, when called upon by 
 letter from Brigade Major Jack, dated, Mome Brine, September, 1812, 
 the place he fixed upon as his residence, he being at the time under an 
 arrest at large, with permission to reside at Rousseau, or Prince Rupert s, 
 and for the contemptuous and highly disrespectful manner of reply to 
 that order; such conduct being subversive of all military discipline, and 
 contrary to the Articles of War.' 
 
 Upon -which charges the Court found the prisoner Guilty, and , 
 sentenced him to be suspended ffom rank and pay for six months, 
 and to be publicly and severely reprimanded ; which sentence was 
 confirmed by Lieutenant General Sir George Beckwith, com- 
 mander of the forces in the West Indies, who directed that the 
 suspension should take effect from the 27th November, 1812. 
 
 The Prince Regent having had under his consideration the 
 proceedings of the Court Martial, held upon Brevet Lieutenant 
 Colonel Browne, at Dominica, at the instance of Major General 
 Lindsey, together with the circumstances of that Officer's con- 
 duct, as subsequently reported, and having taken into considera- 
 tion the manifest disrespect and insubordination, as proved on 
 the face of the proceedings against the Lieutenant Colonel, to- 
 wards his superior Officer; — the inadequacy of the Sentence of 
 the Court, to their finding of guilt upon all the charges preferred 
 against the prisoner : — the improper and disrespectful conduct 
 of Brevet Lieutenant Colonel Browne, during the period of his 
 suspension, towards an Officer of the Major General's high rank 
 and station ; and particularly in having presumed to prefer 
 charges against that Officer, conveying unjustifiable aspersions 
 against his character and conduct; His Royal Highness has been 
 pleased to command, that an intimation shall be conveyed to 
 Brevet Lieutenant Colonel Browne, that His Royal Highness, 
 in the name and on the behalf of His Majesty, has no further 
 occasion for his services. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Brevet Lieutenant Colonel Browne, Major of 
 the 6th, West India Regiment, and the Prince Regent's pleasure 
 thereon, shall be read at the head of every corps, and entered in 
 the general order book. 
 
 By command of H. R. H, the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
fV. Cockell. 499 
 
 N. B. Lieutenant Colonel Browne was shortly afterwards re- 
 instated in his commission in the 6th West India Regiment, and 
 was placed upon the half-pay of it, at its disbandment in 1817, 
 upon which he still remains. — Editor. 
 
 LIEUT. AND PAYMASTER W. COCKELL.— 1813. 
 
 Horse Guards, 28 Mai/, 1813. 
 
 At a General Court Martial, held in Lancaster Castle, on the 
 25th January, 1813, and continued by adjournments to the 12th 
 February following. Lieutenant and Paymaster William Cockell, 
 of the Wiltshire Regiment of Militia, was arraigned upon the 
 undermentioned charges, viz. 
 
 1st. ' For malversation in his office as Paymaster, in having, between 
 the 24th June, 1811, and the 20th April, 1812, embezzled and misap- 
 plied certain sums of the public money, amounting to ^1238 : 9s. or 
 thereabouts. 
 
 2d. ' In having, between the 15th June, 1811, and the 20th April, 
 1812, embezzled and misapplied certain sums, as bounties received from 
 the county subdivision clerks, for recruits, amounting to £731 : 2s. 6d. or 
 thereabouts. 
 
 3d. ' In having, between the 17th December, 1809, and the 25th 
 December, 1811, embezzled and misapplied certain monies belonging to 
 the regimental mess-fund, amounting to ^232 : 19*. 3d. or thereabouts. 
 
 4th. ' In having embezzled and misapplied the further sum of ^75 : 
 7s. 7d.ov thereabouts belonging to the regimental contingent fund.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court Martial, after a most attentive consideration of the 
 evidence produced in support of the charges preferred against 
 Lieutenant and Paymaster William Cockell, of the Wiltshire 
 Regiment of Militia, and of the prisoner's defence, find it proved 
 that, on, and up to the 24th December, 181 1, he had' overdrawn 
 the sum of <£l59 : 2*. 4^*^. and that, for the service of the month 
 of January, 1312, he had further overdrawn beyond his expen- 
 diture, the sum of c£915 : 9s. 6^d. exclusive of the income tax, 
 upon the pay of the Officers, between the periods of 25th June,' 
 1811, and the 24th January, 1812, which had been retained by 
 him, but does not appear to have been remitted to the proper 
 office. 
 
 They are of opinion, with regard to the first charge, that he is 
 Guilty of so much of the said charge as is comprised in the find- 
 
 K K 2 
 
AOO W. Cockell. 
 
 ing of the above sums so overdrawn and due by him to the 
 public. 
 
 They are of opinion, with regard to the second charge, that he 
 is Guilty. 
 
 With regard to the third charge that he is Guilty. 
 
 With regard to the fourth charge, the Court find it proved that 
 he has balances due to him from the baggage account, arms 
 account, and music fund of the regiment, amounting to the sum 
 of cfQS : Is. 7 id. and exceeding the balance charged against him 
 on the contingent account; they do, therefore, find him Not 
 Guilty, and acquit him thereof. 
 
 The Court Martial do sentence him, the said Lieutenant and 
 Paymaster William Cockell, of the Wiltshire Regiment of Militia, 
 to be dismissed the service, and to forfeit the arrears due to him 
 on account of his pay. 
 
 The Court Martial also find, that on, and up to the 24th De- 
 cember, 1811, there appears to have been entered upon the 
 regimental books, balances due to the prisoner from certain com- 
 panies, amounting to j£63\ : lis. Qd. against which sum claimed 
 by him, a set off has been subsequently made for money stated 
 to have been received by him (exclusive of the sums in the pre- 
 sent charges) upon the regimental account, and not to have been 
 issued or accounted for since. 
 
 The Court would not consider themselves justified in giving 
 credit upon their proceedings to the prisoner for such balances, 
 because the sums of public money which he had overdrawn and 
 retained, ought to have been appropriated to other specific pur- 
 poses, and because the claims set agaiqst them would involve the 
 necessity of an opinion upon a subject not coming within the 
 charges now submitted to their judgment, and for which they 
 have not been furnished with the necessary evidence. 
 
 The Court Martial cannot, consistently with the due discharge 
 of their duty, terminate their proceedings without remarking that 
 considerable difficulties have been presented in the course of 
 their investigation, by the indistinct, and in some instances, con- 
 tradictory evidence produced in support and explanation of the 
 charges : — and they are bound to notice, that the money concerns 
 of the regiment do appear to have been conducted, for some years 
 
J> C. Jackson. 501 
 
 previously to the arrest of the Paymaster, iri a manner extremely 
 irregular and inaccurate, as the Pay Serjeants have been in the 
 habit of drawing money and keeping the accounts without the 
 intervention of the Officers commanding the companies ; from 
 which circumstance, and the consequent disputes as to the pay- 
 ment and receipts of certain sums, charged to have been paid and 
 issued by the prisoner, has arisen (in addition to those already 
 noticed) the impracticability of finding, on these proceedings, 
 the just balances of these companies to December 24, 1811, 
 and of giving a judicial opinion upon the credit which the Pay- 
 master claims for them. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, subject to such in- 
 vestigation of the accounts as will take place in the revision of 
 pay lists by the Secretary at War. 
 
 The Commander in Chief directs, that the charges preferred 
 against Lieutenant and Paymaster William Cockell, of the Wilt- 
 shire Regiment of Militia, together with the finding and Sentence 
 of the Court, and the Prince Regent's approval thereof, shall be 
 read at the head of every regiment, and entered in the general 
 order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 ASSISTANT SURGEON J. C. JACKSON.— 1813. 
 
 Horse Guards, 14 June, 1813. 
 
 At a General Court Martial, held at the Orange-Grove Bar- 
 racks, Trinidad, on the 6th November, 1812, and continued by 
 adjournments to the 1 Ith of the same montli. Assistant' Surgeon 
 John Cooke Jackson, of the Royal West India Rangers, was 
 arraigned upon the undermentioned charge, viz. 
 
 ' For embezzling and applying to his own use, or that of his family, 
 certain articles of hospital provision, such as fresh beef, coffee, milk, 
 eggs, &c. supplied to the sick, and continuing in the practice of so de- 
 frauding the men in hospital, and the public, for a period of some months, 
 being in itself conduct highly disgraceful, and, in a peculiai' manner, de- 
 trimental to His Majesty's service, in shewing to the soldiers an example 
 so prejudicial and ruinous to the character of the army.' 
 
502 J, Fillingham. 
 
 Upon which charge the Court came to the following decision: 
 The Court, having deliberately weighed and considered the 
 evidence brought forward in support of the prosecution, and by 
 the prisoner, as well as what he has alleged in his defence, is of 
 opinion, that he, the prisoner. Assistant Surgeon John Cooke 
 Jackson, of the Royal West India Rangers, is Guilty of the crim^ 
 laid to his charge, with the exception of the eggs, being in breacli 
 of the Articles of War, and doth, in consequence, adjudge him, 
 the said Assistant Surgeon John Cooke Jackson, to be dismissed 
 His Majesty's service. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of jHis M«jes.ty, has been pleased to approve and 
 confirm the Coding and Sentence of the Court, and the Comman- 
 der in Chief directs, that the foregoing charge, preferred against 
 Assistant Sui'gean J«^n Cooke Jackson, of the Royal West Indi^ 
 Rangers, together with the finding and Sentence of the Court, 
 shall be read at the head of .every corps, and centered in the gene- 
 ral order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 PAYMASTER JOHN FILLINGHAM.— 1813. 
 
 Horse Guards, 16 June, 1813. 
 At a General Court Martial, held at Orange-Grove Barracks, 
 Trinidad, on the 11th November, 1812, and continued by 
 adjournments to the l6th of the same month, Paymaster John 
 Fillingham, of the Royal West India Rangers, was arraigned 
 upon the undermentioned charges, viz. 
 
 1st. ' For making away with, or misapplying a sum of money, the 
 Subsistence of non-ooBamissioned Officers and Soldiers of the regiment, 
 ^mounting, on the 24th July, 1812, to ^464 : 4s. Of/, sterling, more or 
 less. 
 
 2d. ' For misapplying, or detaining in his own hands, the sum of 
 ^447 : 9s. 9^(1. sterling, more or less, under pretence of paying the same 
 on account of regimental necessaries, and articles supplied to Officers and 
 men of the regiment, and which sum or sums he regularly and monthly 
 charged in his abstracts, against the subsistence of Officers, non-commis- 
 sioned Officers and privates.' 
 
 Upon which charges the Court came to the following decision : 
 
A. V. Browne. 503 
 
 The Court, having deliberately weighed and considered the 
 evidence which has been brought forward in support of the pro- 
 secution, as well as what has been alleged by the prisoner in his 
 defence, is of opinion, that he, the prisoner. Paymaster John Fil- 
 lingham, Royal West India Rangers, is Guilty of the first charge, 
 and also that he, the said John Fillingham, is Guilty of the se- 
 cond charge, viz. ' for misapplying or detaining in his own hands 
 the several sums of c£l83 : 10s. sterling, £i'2 : lis. 2|<f. sterling, 
 and ^105 : 10s. 1 Id. sterling, amounting together to the sum of 
 c£301 : 12s. 0|rf. sterling, under pretence of paying the same on 
 account of regimental necessaries and articles supplied to Offi- 
 cers and men of the regiment, and which sum or sums he regu- 
 larly and monthly charged in his abstract against the subsistence 
 of Officers, non-commissioned Officers and Privates ;' and doth, 
 in consequence, adjudge him, the prisoner, Paymaster John Fil- 
 lingham, Royal West India Rangers, to be dismissed His Ma- 
 jesty's service; and further, that he, the said John Fillingham, shall 
 make good the deficiencies as proved, amounting to the sum of 
 £706 : 8s. 2^d. sterling. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court, leaving, however, 
 the decision of the balance due from Paymaster Fillingham to 
 the public, liable to the revision of the Secretary at War. 
 
 The Commander in Chief directs, that the charges preferred 
 against Paymaster Fillingham, together with the finding and Sen- 
 tence of the Court, shall be read at the head of every corps, and 
 entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 MAJOR ANDREW V. BROWNE.— 1813. 
 
 Horse Guards, 18 June, 1813. 
 At a General Court Martial, held at Basseterre, in Guada- 
 loupe, on the 5th January, 1813, and continued by adjournments 
 to the 9th of the same month. Major Andrew Valentine Browne, 
 of the 8th West India Regiment, was arraigned upon the under- 
 mentioned charges, viz. 
 
504 J. F. Browne^ 
 
 1 St. ' For behaving, at a General Court Martial, whereof Lieutenant 
 ColonelJames Alexander Farqviharson, Major of the 1st Battalion of the 
 25th Regiment of Foot, was President, assembled at Basse-Terre, Gua- 
 daloupe, on the I7&x August, and • continued by various adjournments, 
 until the 21st September following, for the trial of Captain William 
 M'Entagart, of the SthWest India Regiment, and on which tiial. Major 
 BrowTie was the prosecutor, throughout the greater part of the proceed- 
 ings on the said trial, vrith the highest disrespect to the said Court, 
 both collectively and individually, for several times menacing the said 
 Court, whilst in the execution of their duty, with the vengeance of a su- 
 perior tribunal, accompanying his expressions by the most defying atti- 
 tudes, and for endeavouring to intimidate Quarter Master Maxwell, of 
 the 8th West India Regiment, whilst giving his evidence before the said 
 Court, by threatening that OflScer with a prosecution before a Court 
 Martial, in consequence of the evidence he was then giving ; such con- 
 duct being not only highly dangerous to His Majesty's service, from the 
 example thereby set, but tending to the prevention of justice, and being 
 also subversive of all order and military discipUne. 
 
 2d. ' For endeavouring to prevent the execution of, and for obstruct- 
 ing and disobeying an order, of the 30th day of October, 1812, issued 
 by the Commander of the Forces, by which order it was directed that 
 all the chains used in the 8th West India Regiment, (for the pui-pose of 
 cornpelling men of inconigible characters in that regiment, to worli with 
 a chain placed round one of tbeir legs) at the period of Captain M'Enta- 
 gart's tailing the command, and existing when Major Browne assumed 
 the command, should be submitted to Major General Ramsay for his in- 
 spection, with a description of the manner in which they were used, and 
 if they were all alike, that one of them might be forwarded to head- 
 quarters, addi-essed to the Deputy Adjutant General, but if they dififered 
 in size or constmction, the whole of them might be sent. Major Browne 
 pretending and declaring when sent to by Major General Ramsay, on, or 
 about, the 7th day of November, 1812, agreeably to, and in execution 
 of the said order, to the Officers whom Major General Ramsay so sent, 
 requiring him to deliver up the chains which he. Major Browne, had in 
 his possession, that he had them not in his possession, and actually re- 
 fusing to deliver up those chains to Major General Ramsay, or to the 
 Officers so sent by him, under the pretence that they were not in his 
 possession, until he. Major Brovrae, was threatened by one of those Offi- 
 cers, namely. Captain Mathewson, Assistant Quarter Master General, 
 that his apartments or quarters should be searched for them, when they 
 were at length reluct^tly given up by him; all such conduct being highly 
 unofficeriike and destructive of military subordination. 
 
 3d. 'For that he. Major Browne, at acourt of inquiiy, whereof Lieu- 
 tenant Colonel Mahon, of the Royal York Rangers, was President, as- 
 sembled at Guadaloupe, on the 7th day of October, 1812, did, during 
 the examinations, request to lay before the Court, an accurate statement 
 of Russia duck, purchased for the use of the 8th West India Regiment, 
 and which he particularly requested mighV accompany the proceedings, 
 and did afterwards withhold such statement from the Court, and for that 
 
A. V. Browne. 505 
 
 he. Major Browne, did present to the court of inquiry, an extract from 
 regimental orders respecting tailors' prices, signed by himself, as a true 
 extract, and did immediately afterwards request to be allowed to examine 
 it, which he was permitted to do by the President, on which he. Major 
 Browne, put the same with other papers in his pocket, and observed to 
 the Court that it was not a true extract ; and when the President of the 
 Court demanded the said extract from him, which was in about five mi- 
 nutes afterwards, (the Court having been cleared during that time) he. 
 Major Browne, refused to deliver up the same, and stated that he had 
 lost it; such conduct being extremely disrespectful to the Court, then sit- 
 ting, grossly prevaricating and unofficerlike, and contrary to all military 
 subordination.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having duly and deliberately weighed and considered 
 the evidence in support of the prosecution, together with what 
 the prisoner, Major Andrew Valentine Browne, of the 8th West 
 India Regiment, has offered in his defence, is of opinion as fol- 
 lows : 
 
 That with respect to the first charge, the Court is of opinion 
 that the prisoner. Major Andrew Valentine Browne, of the 8th 
 West India Regiment, is Guilty. 
 
 That with respect to the second charge, the Court is also of 
 opinion, that the prisoner. Major Andrew Valentine Browne, of 
 the 8th West India Regiment, is Guilty. 
 
 And that with respect to the third charge, the Court is likewise 
 of opinion, that the prisoner. Major Andrew Valentine Browne, 
 of the 8th West India Regiment, is Guilty. 
 
 The Court having thus found the prisoner. Major Andrew 
 Valentine Browne, of the 8th West India Regiment, Guilty of 
 all and every part of the charges preferred against him, and the 
 same being in breach of the Articles of War, does, therefore, by 
 virtue thereof, sentence the prisoner. Major Andrew Valentine 
 Browne, of the 8th West India Regiment, to be dismissed His 
 Majesty's service. 
 
 Having thus fulfilled the painful duty imposed on it, the Court, 
 prompted by the feelings of humanity on considering the muti- 
 lated state of the prisoner, from the various wounds he has re- 
 ceived in the service of his King and country, whereby he is 
 henceforward deprived of the means of subsistence arising from 
 his personal exertions, most humbly hope that those honourable 
 
606 M'Naughton. 
 
 testimoniajs of his former good conduct, which drew forth His 
 Majesty's most gracious bounty, in a pension to the prisoner, 
 may still be remembered. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court : — but, under all the 
 circumstances of the case, His R6yal Highness has been gra- 
 ciously pleased to command, that the Sentence of the Court shall 
 not extend to the deprivation of the pension granted the prisoner 
 in consequence of the loss of his leg. 
 
 The Commander in Chief directs, that the charges preferred 
 against Major Andrew Valentine Browne, together with the find- 
 ing and Sentence of the Court, and the Prince Regent's pleasure 
 thereon, shall be read at the head of every corps, and entered in 
 the general order book. 
 
 By command of H.R.H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 DEPUTY ASSISTANT COMMISSAEY GENE- 
 RAL M'NAUGHTON.— 1813. 
 
 Sorse Guards, 21 June, 1813. 
 
 At a General Court Martial, held at Fuentes d'Honore, in Por- 
 tugal, on the 6th and 7th January, 1813, Deputy Assistant Com- 
 missary General M'Naughton was arraigned upon the under- 
 mentioned charge, viz. 
 
 ' For behaving in a scandalous infamous manner, such as is unbecom- 
 ing the character of an Officer and a Gentleman, by entering, in a most 
 outrageous manner, the room in which Major F. A. Brotherton, of the 
 14th Light Dragoons, was sitting, at St. Pedro de Las Navas, and there 
 iising towards him the most improper and violent language, repeatedly 
 lifting up his fist towards him, in a threatening attitude, and caUing him a 
 liar, to the prejudice of good order and military discipline.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court having maturely considered the whole of the case, 
 as well on the part of the prosecution, as of the defence, is of 
 opinion, that the prisoner. Deputy Assistant Commissary Gene- 
 ral M'Naughton, is Guilty of the whole of the above charge, 
 being in breach of the Articles of War, and the sentence of the 
 
H. Reid. 607 
 
 Court therefore is, that he shall be discharged from His Ma- 
 jesty's service. 
 
 His Eoyal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding £^nd Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charge, praferred against De- 
 puty Assistant Commissary General M'Naughton, together with 
 the finding and Sentence of the Court, shall be read at the head 
 of every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief, 
 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN HAMILTON REID.— 18l3. 
 
 Horse Guards, 23 June, 1813. 
 
 At a General Court Martial, held at Woodbridge, on the 19th 
 and 20th March, 1813, Ensign Hamilton Reid, of the 54th 
 Regiment of Foot, was arraigned upon the undermentioned 
 charge, viz. 
 
 ' For conduct unbecoming the character of an Officer and a Gentle- 
 man, in being drunk and incapable of doing his duty^ when command- 
 ing the main guard, at Woodbridge Barracks, on the night of the 2d 
 March, 1813, and for allowing Ensign Francis Burgess to take charge 
 of the same, without his Commanding Officer's leave, when visited by 
 the Captain of the day, about twelve o'clock on the same night.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court having maturely weighed and considered, as well 
 the evidence in support of the prosecution, as what has been ad- 
 duced in defence, are of opinion, that Ensign Hamilton Reid is 
 Guilty of so much of the charge against him, as accuses him ' of 
 being drunk, and incapable of doing his duty, when command- 
 ing the main guard, at Woodbridge Barracks, on the night of 
 the 2d of March, 1813,' but acquit him of the 1st part of the 
 charge, viz. ' conduct, unbecoming the character of an Officer 
 and a Gentleman,' so far as it might be construed to his disad- 
 vantage, beyond the actual fact of intoxication ; an Article of 
 War having been expressly provided for the punishment of the 
 crime of which the prisoner has been found guilty, and no cir- 
 cumstances of aggravation having atleuded it, to render it such as 
 
508 A. Blood. 
 
 appears to be the object of the S8th article of the l6th section of 
 the Articles of War. 
 
 The Court are further of opinion, in regard to the latter part 
 of the charge, viz. ' for allowing Ensign Francis Burgess to take 
 charge of the same, without his Commanding Officer's leave, 
 when visited by the Captain of the day, about 12 o'clock on the 
 same night,' that Ensign Hamilton Reid is Not Guilty (it not 
 having been proved, that he gave up the charge of the guard to 
 that Officer) and do therefore acquit him of the same. 
 
 On due consideration of the whole matter, the Court do ad- 
 judge that the prisoner. Ensign Hamilton Reid, of the 54th Regi- 
 ment of Foot, be cashiered. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charge, preferred against En- 
 sign Hamilton Reid, of the 54th Regiment of Foot, shall be read 
 at the head of every corps, and entered in the GeneraLorder book. 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN ALEXANDER BLOOD.— 1813. 
 
 Horse Guards, 25 Jane, 1813. 
 At a General Court Martial, held at St. Helier, Jersey, on the 
 31st March, 1813, and continued by adjournments to the 2d 
 April following. Ensign Alexander Blood, of the 2d Battalion, 
 18th (or Royal Irish) Regiment of Foot, was arraigned upon the 
 undermentioned charges, viz. 
 
 1st. ' For violent and outrageous behaviour, extremely disgraceful to 
 the character of an OflScer and a Gentleman, in wrestling with, striking 
 repeatedly, and kicking at Ensign M'Caul, and tearing the clothes and 
 appointments of Lieutenant Maunsel, and Ensign Uniacke, who were 
 endeavoming to pacify, or sepai'ate him fi'om Ensign M'Caul, and mak- 
 ing use of vulgar and unbecoming iMiguage, in the Officers' mess-room, 
 at the Pier Barracks, Jersey, on the 17th March, 1813, in presence of 
 Officers of different corps. 
 
 2d. ' For further outrageous and highly insubordinate conduct, in the 
 same evening, in returning to tbe mess-room, after he had been turned 
 out of it, and there deliberately challenging Lieutenant Colonel Smyth, 
 
J. Jones. 509 
 
 the senior Officer present, who had previously ordered him into close 
 arrest, for his improper behaviour.' 
 
 ADDITIONAL CHARGE. 
 
 ' For breaking his arrest, on, or about, the 19th instant, and walking 
 about publicly in coloured clothes at that time.' 
 
 Upon which charges the Court came to the following decision : 
 ^ The Court, after having maturely weighed and considered the 
 evidence adduced on the part of the prosecution, and what the 
 prisoner has offered in his defence, came to the following opinion 
 with respect to the several articles of charge preferred against the 
 prisoner. 
 
 With respect to the first charge, the Court is of opinion, that 
 the prisoner is Guilty. 
 
 With respect to the second charge, the Court is of opinion, 
 that the prisoner is Guilty ' of having challenged Lieutenant Colo- 
 nel Smyth,' but not of * having deliberately done so,' as expressed 
 in the charge. 
 
 With respect to the additional charge, the Court is of opinion, 
 that the prisoner is Not Guilty, and acquit him thereof. 
 
 The Court does therefore adjudge the said Ensign Alexander 
 Blood, the prisoner, to be cashiered. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges, preferred against En- 
 sign Alexander Blood, of the 2d Battalion, 18th Regiment of 
 Foot, together with the finding and Sentence of the Court, shall 
 be read at the head of every corps, and entered in the general or- 
 der book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JOHN JONES.— 1B13. 
 
 Horse Guards, 5 July, 1813. 
 At a General Court Martial, held at Lisbon, on the 29th 
 March, 1813, and continued by adjournments to the 3d of April 
 following, Lieutenant John Jones, of the 24th Regiment, was ar- 
 raigned upon the undermentioned charges, viz. 
 
510 J. Jonis. 
 
 1st. ' Fof behaving in a scandalous and infamous manner, such as is 
 unbecoming the character of an OflScer and a Gentleman. 
 
 ' For, that when commanding a recruiting party, in Birmingham, in 
 the last spring, he ordered Sei^ant William Kemble to advance to the 
 party, the sum of ,£11, and though he has promised to repay this, mo- 
 ney, and gave bis biU on the 2d of June last, at ninety-five days> for the 
 amount, yet he never has in fact repaid, or in any way satisfied, Serjeant 
 Kemble. 
 
 2d. ' For behaving in a manner unbecoming the character of an Offi- 
 cer and a Gentleman, 
 
 ' For, that when billeted at the house of one George Latoui', an hotel 
 keeper, in Lisbon, from the 6th to the 17th of September last, he there 
 incurred a bill, to the amount of twenty-eight dollars and a half, for 
 coffee, liquors, and billiards, and on the night of the 17th September, 
 carried off his baggage, and went away, saying he should go to the army 
 next day, without having paid, or in any way satisfied, Mr. Latouor.' 
 ADDITIONAL CHARGE. 
 
 ' For behaving in a manner unbecoming the character of an OfScer 
 and a Gentleman. 
 
 ' For having recived, on, or about, the 23d October last, at Salamanca, 
 from Seijeant Hutchinson, 2d Battalion, 24thFoot, the sum of ^1: 5«. 8d., 
 being a balance of account due to eight men of that regiment, and 
 for leaving the regiment without halving pi-eviously paid over to Edward 
 Conner, James Oldfield, and Robert Barclay, being thuree of those eight 
 men, thek respective proportions of such balances.' 
 
 Upon which charges the Court came to the following decisiaii : 
 The Court having maturely and deliberately weighed and consi- 
 dered the evidence adduced in support of the prosecution, against 
 the prisoner. Lieutenant John Jones, 24th Regiment, together with 
 what he has submitted in his defence, are of opinion, that he is 
 Guilty of the charges preferred against him, being in breach af the 
 Articles of War; and do, by virtue thereof, sentence him, the pri- 
 soner. Lieutenant John Jones, 24th Regiment, to be dismissed 
 His Majesty's service, and to forfeit so much of the arrears due 
 to him, on account of his pay, as may be sufficient to make good 
 to Serjeant William Kemble, the sum of ,£ll, and £l : 5s. 8rf., 
 the amount of the clearance withheld by the prisoner, Lieutenant 
 John Joties, from eight men of the tlie 24th Regiment. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges preferred against Lieu- 
 tenant John Jones, of the 24th Regiment, together with the find- 
 
C.Catmar. 511 
 
 ing and Sentence of the Court, shall be read at the head of every 
 corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN CHARLES CATMAR.— 1813. 
 
 Horse Guards, 7 July, 1813. 
 
 At a General Court Martial, held at Portsmouth, on the 17th 
 April, 1 8 ] 3, and continued by adjournments to the 23d of the same 
 month. Ensign Charles Catmar, of the Worcestershire Regiment 
 of Militia, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For conduct highly unbecoming the character of an OflScer and 
 a Gentleman, injurious to the honour of his corps, and disgraceful in 
 itself, in familiarly associating and drinking with Private Ralph Howard, 
 of the 8th Royal Veteran Battalion, on the evening of the 16th March, 
 1813. 
 
 2d. ' For having, on, or about, the evening of the 1 6th, or morning of 
 the 17th March, 1813, made use of grossly insulting and abusive lan- 
 guage to Lieut. Atcherley, of the Worcestershire Regiment of Militia, in 
 the presence of sundry soldiers of that corps, and for having, in the course 
 of his dispute with that Officer, given him. Lieutenant Atcherly, a blow; 
 such conduct being scandalous and infamous, highly subversive of good 
 order, and a breach of military discipline.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, after duly weighing the evidence adduced in sup- 
 port of the prosecution, together with what the prisoner. Ensign 
 Catmar, has alleged in his defence, are of opinion, that he is 
 Guilty of the first charge so far only as in * familiarly associating 
 with Private Ralph Howard, of the 8th Royal Veteran Battalion, 
 on the evening of the iGth March, 1813,' but do acquit him of 
 the remainder of that charge. 
 
 The Court are further of opinion, that he is Guilty of the se- 
 cond charge, and upon the whole do adjudge that he. Ensign 
 Catmar, shall be dismissed His Majesty's service. 
 
 The Court, before closing their proceedings, feel themselves 
 called upon to pass their severest censure on the gross prevarica- 
 tion of Private Ralph Howard, 8th Royal Veteran Battalion, in 
 giving his evidence, and regret, that it does not appear that they 
 are vested with any power of punishing him for that offence. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 
5ia B. White. 
 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges, preferred against En- 
 sign Charles Catmar, of the Worcestershire Militia, together with 
 the finding and Sentence of the Court, shall be read at the head 
 of every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT RICHARD WHITE.— 1813. 
 
 Horse Guards, 9 Juli/, 1813. 
 
 At a General Court Martial, held at Lamego, in Portugal, on 
 the 17th April, 1813, and continued by adjournments to the 2 1st 
 of the same month, Lieutenant Richard White, of the Royal 
 Artillery Driver Corps, was arraigned upon the undermentioned 
 charge, viz. 
 
 ' For behaving in a scandalous infamous mannerj such as is unbecom- 
 ing the character of an Officer and a Gentleman, viz. by obtaining, at 
 Lamego, about tlie 17th February, 1813, aquarteras aMajorof Cavalry, 
 at the house of a priest, and whilst there, causing the uncle of the priest 
 to be imprisoned, taking some silver spoons, wilfuUy breaking, spoiling, 
 and destroying the furniture and household goods, cutting the door and 
 window, and assaulting, kicking and iU-treating the servants of the 
 family, in breach of the Articles of War.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court having maturely weighed, and considered the 
 evidence adduced in the prosecution, as well as what the prisoner. 
 Lieutenant Richard White, Royal Artillery Driver Corps, has 
 urged in his defence, is of opinion he is Guilty of the crime laid 
 to his charge, — excepting as much of the charge as relates to the 
 ' taking of silver spoons,' of which the Court doth acquit him. 
 
 The several parts of the charge upon which the prisoner. Lieu- 
 tenant Richard White, Royal Artillery Driver Corps, has been 
 found Guilty, being in breach of the Articles of War, the Court 
 doth, by virtue thereof, sentence him, the said Lieutenant Richard 
 White, to be dismissed from His Majesty's service. 
 
 His Royal Highness the Prince Regent having been pleased, 
 in thp name and on the behalf of His Majesty, to approve and 
 
j1. Si4lherland. ol3 
 
 confirm the finding and sentence of the Court, the Commander in 
 Chief directs, that the charge preferred against Lieutenant Richard - 
 White, of the Royal Artillery Driver Corps, together with the 
 finding and Sentence of the Court, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By order of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN ALEXANDER SUTHERLAND. 
 
 Horse Guards, 10 July, 1813. 
 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held at San Romao, on the SOth of 
 March, 1813, and continued by adjournments to the 26th of 
 April following, for the trial of Ensign Alexander Sutherland, of 
 the y 1 St Regiment, who was arraigned upon the undermentioned 
 charges, viz. 
 
 " For conduct unbecoming the character of an Officer and a Gentle- 
 man. 
 
 1st. By refusing, when on detachment at Tilbury Fort, on, or about, 
 the 16tb of August, 1812, to obey the orders of Major Midgley com- 
 manding there, when desired to consider himself under an aiTest, and by 
 using disrespectful and insulting language to Major Midgley, his supe- 
 rior Officer, placing him at defiance, in presence of several Officers, non-. 
 commissioned Officers, and privates, to the subversion of good order and 
 military discipline. 
 
 2d. ' For behaving, on, or about, the same day, in a most riotous, 
 scandalous and infamous manner, such as is unbecoming the character of 
 an Officer and a Gentleman, by violently assaulting and striking one or 
 more non-commissioned Officers in the execution of their duty, when 
 directed, by Major jMidgley, to put him. Ensign Sutherland, in charge 
 of the guard, and for endeavouring to persuade, or influence, the detach-, 
 ment under his command to support him in opposition to Major Midgley, 
 the Officer commanding. 
 
 3d. ' For being absent, without leave, from his regiment, from about 
 the 18th of September, 1812, to the 26th of January, 1813.' 
 
 Upon which charges the Court came to the following decision. 
 
 The Court, having most maturely deliberated and most atten- 
 tively weighed and considered the evidence and matter which has 
 been brought forward in support of the prosecution, together 
 with what the prisoner hath offered in his defence, and the ,evi- 
 
 L L 
 
J 14 A. Sutherland. 
 
 dence thereon, is of opinion that he, the prisoner. Ensign Alex- 
 ander Sutherland, of the 1 st Battalion 9 1 st Regiment, is Guilty of 
 the first charge exhibited against him. 
 
 The Court is further of opinion that he, the prisoner. Ensign 
 Alexander Sutherland, is guilty of the second charge exhibited 
 against him, in as far as ' for behaving, on, or about, the same 
 day, in a most riotous, scandalous and infamous manner, such as 
 is unbecoming the character of an Officer and a Gentleman, by 
 violently assaulting one or more non-commissioned Officers in 
 the exec-ution of their duty, when directed by Major Midgley to 
 put him. Ensign Alexander Sutherland, in charge of the guard, 
 and for endeavouring to persuade, or influence, the detachment 
 under his command, to support him in opposition to Major 
 Midgley, the Officer commanding.' 
 
 The Court is also of opinion that he, Ensign Alexander 
 Sutherland, is Guilty of the third charge exhibited against him. 
 
 The act, or acts, specified in the foregoing charges, being in 
 breach of the Articles of War, the Court doth, therefore, sentence 
 the aforesaid Ensign Alexander Sutherland to be cashiered. 
 
 Referring to the case of Ensign Sutherland, the' Court, with 
 regret, have to observe, that Lieutenant Colonel Douglas, com- 
 manding the 91st Regiment, has trifled with the sei-vice in ad- 
 mitting the attempt to settle such serious breach of discipline by 
 clandestine means, and that in the shape of exchange, which ex- 
 change he felt himself bound in duty not to recommend, whilst 
 the offending, which produced the option of exchange or resigna- 
 tion to Ensign Sutherland, he had it not in his authority to forgive- 
 
 Although the Court has found it fit to notice this infringement 
 on the spirit of His Royal Highness the Commander in Chief's 
 orders of the 1 6th of September, 1811, in exact point to this 
 case, it equally feels it a duty to express a full conviction that the 
 motives of Lieutenant Colonel Douglas, in the instance of error 
 referred to, have been equally honourable towards the service, 
 and generous to the prisoner. 
 
 Major M'Niel, of the 9 1st Regiment, and temporary Com- 
 manding Officer, seems to have fallen into tlie same error, but 
 with intentions not less becoming. 
 
 The Court has the painful task of observing on the singular 
 
B.Joliife. 515 
 
 conduct of Major Sutherland, of the 91st Regiment, whose assis- 
 tance the prisoner was authorized to sohcit, from the Court, as a 
 public advocate, though his (Major Sutherland's) name was on 
 the list of evidence, both on the prosecution and defence, which 
 solicitation was denied. 
 
 Although the Court is willing to ascribe this unusual line of 
 conduct solely to the laudable impulse professed by Major 
 Sutherland, of assisting a companion in distress, (as stated in his 
 letter, produced by an observation of the president) yet, as in the 
 course of the proceedings no such favourable circumstance has 
 appeared as might, in reason, have palliated a generous deviation 
 from rigid justice, the Court cannot but conclude it will be for 
 the advantage of the service, and the 91st Regiment in particular, 
 that Major Sutherland should be made sensible that the parama- 
 mount duty of an Officer, and more especially of an Officer of 
 rank, is to support discipline by adherence to the principles of 
 established rules, rather than indulge an impulse (however ami- 
 able) perhaps to the prejudice of justice, or countenance miscon- 
 duct by injudicious commisseration. 
 
 I am to acquaint your Lordship that His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove and confirm the finding and Sentence of the Court. 
 
 I am, my Lord, your's, 
 (Signed) FREDERICK, Commander in Chief. 
 
 Field Marshal the Marquis of Wellington, K. G. 
 
 SURGEON BENJAMIN JOLLIFFE.— 1813. 
 
 Horse Guards, 12 Jult/, 1813. 
 
 At a General Court Martial, held at Strabane, on the 15th 
 April, 1813, and continued by adjournments to the 20th of the 
 same month, Surgeon Benjamin JoUiffe, of the North Hants 
 Regiment of Militia, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For conduct unbecoming an Officer and a Gentleman, in vio- 
 lently assaulting Thomas Hamilton, of Strabane, on the night of the 
 17th of June last, 1812, by seizing him by the collar and striking him 
 several blovcs with his fist. 
 
 2d. ' For scandalous and infamous conduct, unbecoming the charac- 
 
 L L C 
 
516 B.Jollife. 
 
 ter of an Officer and a Gentleman, in going several times on the night 
 of the 1st, or morning of the 2d of January last, into a room of the 
 barracks of Strabane, in which were assembled about fourteen of the 
 privates of the regiment, and in witnessing and promoting their dnmken- 
 ness and excesses ; but more particularly, in being then and there pre- 
 sent, at the commission of an act of extreme violence and brutality on 
 the person of a female of the town, by one or more of the said privates, 
 and even in abetting and encouraging them in the perpetration of the 
 said act. 
 
 3d. ' For scandalous and infamous conduct, unbecoming the charac- 
 ter of an Officer and a Gentleman, in being present at the introduction 
 of a female into theTfiess-room of the barracks, in Strabane, on the night 
 of the 1st, or morning of the 2d of January last, and in exposing her 
 person on the table, and having connexion with her in the presence of 
 two or three Officers. 
 
 4th. ' For conduct unbecoming an Officer and a Gentleman, in jost- 
 ling a Mr. KeiT, in the streets of Strabane, on the night of the 15th of 
 March last, in challenging any two of those present to fight with fists', 
 and in accepting the challenge of a Mr. Cullagh to fight him with a 
 stick. 
 
 5th. ' For conduct unbecoming an Officer and a Gentleman, in going 
 into a room in the barracks, in Strabane, in which were met together 
 several privates of his regiment, on the night of the 1st, or morning of ■ 
 the 2d of January last, and in there giving a toast or toasts, and drink- 
 ing several glasses of liquor in the pi-esence of the said privates.' 
 
 Upon which charges the Court came to the following deci- 
 sion": 
 
 The Court, having taken into their consideration the evidence 
 laid before them, in support of the prosecution, as also what was 
 oflFered by the prisoner in his defence ; do find that the prisoner, 
 Surgeon Benjamin JollifFe, of the North Hants Regiment of Mi- 
 litia, is Guilty of the first charge exhibited against him; but from 
 tlie circumstance of the aflfray between Surgeon JoUiflFe and Mr. 
 Hamilton being amicably adjusted two days after its occurrence, 
 with the consent and approbation, and in the presence of Lieu- 
 tenant Colonel Oglander, and also from the circumstance of the 
 prisoner being permitted to do duty several mouths after; the 
 Court are further of opinion, that this, charge ought not to have 
 been brought forward. 
 
 Upon the second charge, the Court is of opinion, that the pri- 
 soner, Surgeon Benjamin JoUiffe, is Guilty of conduct unbecom- 
 ing the character of an Officer and a Gentleman, in going several 
 times on the night of the 1st, or morning of the 2d of January 
 last, into a room in the barracks of Strabane, in which were assem- 
 
B. Jol/ije. 517 
 
 bled aboutfourteen of the privates of the North Hants Regiment, 
 and in witnessing and promoting their drunkenness and excesses, 
 but they do not consider that his misconduct in this instance 
 amounts to scandalous and infamous ; and the Court is further 
 of opinion, that the prisoner, Surgeon Benjamin JollifFe, is Not 
 Guilty of being present when an act of extreme violence and bru- 
 tality was committed upon the person of a female, or of abetting 
 or encouraging the perpetration of the said act, and they there- 
 fore acquit him of that part of the second charge. 
 
 Upon the third charge, the Court is of opinion, that Surgeon 
 Benjamin JoUiffe, is Guilty of the first part thereof, viz. * being 
 present at the introduction of a female into the mess-room of 
 the barracks of Strabane,' but from the very incorrect and so fre- 
 quently repelled testimony given throughout this trial, by the only 
 witness that has been brought forward to establish the latter part 
 of this charge, and from the character which the Court necessarily 
 attach to that witness, the Court do find that the prisoner is Not 
 Guilty of the latter part of this charge. 
 
 The Court is of opinion, that the prisoner. Surgeon Benja- 
 min JollifFe, is Guilty of so much of the fourth charge, as that 
 he did challenge twoof the parties present, on the 15th March last, 
 to fight with fists, which conduct the Court considers to be un- 
 becoming tlie character of an Officer and a Gentleman, but the 
 misconduct of the prisoner appears to the Court considerably 
 extenuated by the provocation the prisoner received at the time, 
 and the impulse of passion consequent thereto, but the Court 
 do not find the prisoner Guilty of the first part of this charge, 
 viz. 'jostling Mr. Kerr,' or of the last part of the charge, viz. 
 ' accepting the challenge of Mr. M'Cullough to fight with a 
 stick,' and do therefore acquit him of the same. 
 
 Upon the fifth charge,. the Court do find the prisoner, Surgeon 
 Benjamin JollifFe, Guilty of the first part, viz. ' going into a 
 room in the barracks of Strabane, on the night of the 1st, or- 
 morning of the 2d January last, in which were assembled several 
 of the privates of the North Hants Regiment, and in there giving 
 a toast or toasts,' which conduct the Court considers to be un- 
 becoming the character of an Officer and a Gentleman, but the 
 Court do find that the prisoner is Not Guilty of drinking in the 
 
518 J. Carter 4 
 
 presence of the said privates, and do therefore acquit him of the 
 same. 
 
 The Court having found the prisoner, Surgeon Benjamin 
 JoUifFe, of the North Hants Regiment of Militia, Guilty of the 
 entire of the first charge, of the first part of the second charge, 
 of the first part of the third charge, of the second part of the 
 fourth charge, and the first part of the fifth charge, exhibited 
 against him, they being breaches of the Articles of War, do there- 
 fore adjudge that he, Surgeon Benjamin JollifFe, be dismissed 
 the North Hants Regiment of Militia ; but from the excellent 
 testimonials to character, produced by the prisoner, and the highly 
 creditable manner it appears he has discharged the duties of Re- 
 gimental Surgeon, the Court do most humbly request the Com- 
 mander of the Forces will (in his discretion) be pleased to inter- 
 Cede fol- the Prince Regent's clemency. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and the Commander in Chief directs, that 
 the foregoing charges, preferred against Surgeon Benjamin JollifFe, 
 of the North Hants Regiment of Militia, together with the find* 
 ing and Sentence of the Court, shall be read at the head of every 
 regiment, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAN JOSEPH CARTER.— 1813. 
 
 Horse Guards, 14 July, 1813. 
 
 At a General Court Martial, held at Strabane, on the 21st 
 April, 1813, and continued by adjouraments to the 24th of the 
 same month. Captain Joseph Carter, of the North Hants Regi- 
 ment of Militia, was arraigned upon the undermentioned charges, 
 viz. 
 
 1st. 'For scandalous and infamous conduct, unbecoming the charac- 
 ter of an Officer and a Gentleman, in going several times on the night 
 of the 1st, or moniing of the 2d of Januaiy last, into a room of the bar- 
 racks, at Strabane, in which were assembled about fourteen of the pri- 
 vates of his regiment, and in witnessing and promoting their drunken- 
 ness and excesses, but more particularly, in being then and there pre- 
 
J. Carter. 519 
 
 sent, at the commission of an act of extreme violence and brutality, on 
 tlje person of a female of the town, by one or more of the said privates, 
 and even in abetting and encouraging them in the perpetration of the 
 said act. 
 
 2d. ' For scandalous and infamous conduct, unbecoming the charac- 
 ter of an Officer and a Gentleman, in being present at tha introduction 
 of a female into the mess-room of the barracks, in Strabane, on the night 
 of the 1st, or morning of the 2d Januaiy last, and in exposing her per- 
 son on the table, and having connexion vnth her there, in the presence 
 of two or three other Officers. 
 
 3d. ' For conduct unbecoming an Officer and a Gentleman, in going 
 into a room of the barracks, in Strabane, on the night of the 1st, or 
 moiTiing of the 2d Januaiy last, jn which were assembled several of the 
 privates of his regiment, and in there giving a toast, or toasts, and drink- 
 ing several glasses of liquor, in the presence of the said privates. 
 
 4th. ' For conduct, to the prejudice of good order and military disci- 
 pline, in witnessing on the night of the 1 st, or morning of the 2d January 
 last, the excesses and act of violence and brutality, specified in No. 1, of 
 the foregoing charges, without interfering (as it was his duty to have 
 done, being the senior Officer then present) to stop the said excesses, 
 or to prevent the commission of the said act of violence and bnitality.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having taken into consideration the evidence, laid 
 before them in support of the prosecution, as also what was 
 oflfered by the prisoner in his defence, are of opinion, that Cap- 
 tain Joseph Carter is Guilty of so much of the first charge, as 
 that he, Captain Carter, ' did go several times on the night of the 
 1st, or morning of the 2d of January last, into a room in the bar- 
 racks in Strabane, in which were assembled aboxit fourteen pri- 
 vates of his regiment, and in witnessing and pronjbting their ex- 
 cesses,' which conduct the Court considers to be highly unbecom- 
 ing the charaeter of an Officer and an Gentleman, but the Court 
 do acquit the prisoner of scandalous and infamous conduct, 'in 
 being present at the commission of an act of extreme violence 
 and brutality on the person of a female of the town, by one or 
 more of the said privates, or of abetting and encouraging them 
 in the perpetration of the said act,' there not having been, in the 
 opinion of the Court, sufficient evidence adduced to convict the 
 prisoner of the same. 
 
 Upon the 2d charge, the Court is of opinion, that Captain Car- 
 ter is Guilty ' of being present at the introduction of a female into 
 the mess-ioom of the barracks, in Strabane, on the night of the 
 1st, or morning of 2d of January last,' the same being unbecom- 
 
520 J. Carter. 
 
 iiig the character of an Officer and a' Gentleman, but the Court 
 do acquit the prisoner of ' scandalous and infamous conduct, in ex- 
 posing the, person of a female on the tabje, and having con- 
 nexion with her there, in the presence of two or three other Offi- 
 cers,' as the only evidence to this alleged fact is unsupported, and 
 appears to the Court to be totally unworthy of credit. 
 
 The Court are of opinion, that the prisoner, Captain Joseph 
 Carter, is Guilty of so much of the third charge, as that he. 
 Captain Carter, ' did go into the room in the barracks of Strabane, 
 on the night of the 1st, or morning of the 2d of January last, in 
 which were assembled several privates of the regiment, and in 
 there giving a toast or toasts,' the same being unbecoming the 
 character of an Officer and a Gentleman, but the Court do find 
 the prisoner Not Guilty of ' drinking several glasses of liquor in 
 the presence of the said privates ;' but it appears to the Court, that 
 the prisoner did drink a glass or part of a glass in their presence. 
 Upon the fourth charge, the Court is of opinion, that the pri- 
 soner. Captain Carter, is Guilty of conduct to the prejudice of 
 good order and military discipline, in witnessing so much of the 
 excesses specified in the first charge, as the Court have ' found 
 him Guilty of in that charge, without interfering, as it was his 
 duty to have done (being the senior Officer then present) to stop 
 the said excesses. 
 
 The Court having found the prisoner. Captain Joseph Carter, 
 Guilty of part of the first charge, also part of the second, of parts 
 of the third, and of part of the fourth charges exhibited against 
 him, being breaches of the Articles of War, do therefore adjudge, 
 that he. Captain Joseph Carter, be dismissed from the North 
 Hants Regimeut of Militia. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 ■^rm the finding and sentence of the Court. 
 
 Under all the circumstances attached to the evidence of Ensign 
 Sorby, and particularly in reference to a Letter addressed by the 
 President to the Judge Advocate General, in which that Officer 
 is stated ' to have been -influenced by the basest motives, and 
 -that the Court consider his unsupported evidence as totally un- 
 worthy of credit,' the Prince Regent has been pleased to consi^ 
 
P.Berard. 521 
 
 der EnBign Sorby an improper person to remain in the army, and 
 to command that he shall be informed, that his further services 
 will be dispensed with. 
 
 His Royal Highness the Commander in Chief directs, that the 
 charges preferred against Captain Joseph Carter, of the North 
 Hants Militia, together with the finding and Sentence of the 
 Court, and the Prince Regent's pleasure thereon, shall be read 
 at the head of every corps, and entered in the general order book. 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 DEPUTY ASSISTANT COMMISSARY GENE- 
 RAL PETER BERARD.— 1813. 
 
 Horse Guards, 16 July, 1813. 
 
 At a General Court Martial, held at Lisbon, on the 15th of 
 December, 1812, and continued by adjournments to the 18th 
 March, 1813, Deputy Assistant Commissary General Peter 
 Berard, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For fraudulently and wilfully misapplying the public monies, in 
 making purchases of sundry supplies to a large amountj between the 3d 
 September and 24th November, 1811, in disobedience of the positive 
 written orders of Commissary General Dalrymple, of the 2d September, 
 (as also repeated by Letter on the following day) at exorbitant prices, so 
 considerably beyond those current at Lisbon, (including aU charges . of 
 duties and transport) as to make a difference to the public on the con- 
 tract for, or purchase of the said supplies, at the contrasted prices above 
 stated, to the amount of .£20,000 or thereabouts. 
 
 2d. ' For neglect of duty, in not having reported the supposed neces- 
 sity for these purchases, previously to making them, or that he had made 
 them, to any superior Officer. 
 
 3d. ' For neglect of duty, in having ceased to forward to Commissary 
 General Dalrymple, at Belem, the daily states of his depot, between the 
 14th November and 6th December, by which omission, said Officer was 
 kept in improper ignorance of any wants at Abrantes. 
 
 4th. ' For neglect of duty, in having, during this time, suffered his 
 dep6t to i-un out, without reporting this circumstance to his superior 
 Officer, by which neglect the most serious inconveniences were expe- 
 rienced by the army. 
 
 5th. 'For neglect of duty, in having suffered bis water transport to 
 fail, without making any report upon the subject, or using his best en- 
 deavours to bring back, and' keep up, this most necessjiry branch of ser-^ 
 vice, although most particulai-ly enjoined so to jdo. 
 
522 P. Berard. 
 
 6th. 'For embezzling or misapplying, or wiiiiiUy permitting to be 
 embezzled or misapplied, a considerable proportion of the public stores 
 under his charge, at, or near Abrantes, between the 2d September and 
 the 24th November, 1811, the deficiency in the said stores amounting 
 to the sum <rf £26,862 : 12*. or hereabouts.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, after having most minutely, deliberately and ma- 
 turely, weighed and considered the evidence adduced in support 
 of the charges preferred against the prisoner, Peter Berard, De- 
 puty Assistant Commissary General, together with what he has 
 offered in his defence, and the evidence thereon, is of opinion as 
 follows : 
 
 With respect to the first charge, the Court is of opinion that 
 the first part of the charge, viz. ' for fraudulently and wilfully 
 misapplying the public monies,' has not been proved, and there- 
 fbre does acquit the prisoner of the same. 
 
 The Court is of opinion that the prisoner is Guilty of that 
 part of the charge, viz. ' in making purchases of sundry supplies 
 to a large amount, between .the 3d September and 24th Novem- 
 ber, 181 1, in disobedience of the positive written orders of Com- 
 missary General Dalrymple, of tibe 2d of September, (as also re- 
 peated by tetter on the following day) at exorbitant prices.' 
 
 And with respect to the latter part of ihe -charge, viz. ' so con- 
 .siderably beyond those current at Lisbon, (including all charges 
 of duty and transport) as to make a difference to the public, in 
 the contract for, or purchase of the said supplies, at the con- 
 trasted prices as above stated, to the amount of ^20,000, or 
 thereabouts.' The Court refers the -same to the decision of the 
 comptrollers of the army accounts, as to the amount due to the 
 public. 
 , With respeot'tolihe second charge, the Courtis of opinion, that 
 the prisoner is Guihy of the first part of this oharge, viz. ' for 
 ^egleot of duty in not having reported the supposed necessity for 
 these purchases, previously to making them ;' but the Court is 
 of opinion that the prisoner is Not Guilty of the latter part of 
 this charge, viz. * or that he had made them to any superior Offi- 
 cer,' and consequently does acquit ,him thereof. 
 
 With respect to the third charge, the Court is of opinion -tjiat 
 the prisoner is Not Guilty, in as much that it •appears hy a Let- 
 
p. Berard. 523 
 
 ter, dated the 4th October, 1811, produced in evidence by the 
 prosecution, that Commissary General Dalrymple dispensed with 
 the prisoner's daily states, and required him to report only twice 
 a week. And it also further appears by another Letter, dated 
 5th December, likewise adduced in evidence by the prosecution, 
 that the prisoner actually sent in a state of his d6p6t, within the 
 period mentioned in the charge, namely, on the 19th of Novem- 
 ber, and the Court consequently does acquit the prisoner of this 
 charge. 
 
 With respect to the fourth charge, the Court is of opinion, 
 that the prisoner is Guilty, so far as not making a special report 
 to his superior Officer, agreeable to the 47th article of the printed 
 instructions to the Commissariat, although it appears the low 
 state of his d6p6t could be seen from his ordinary states. But 
 as it does not appear in evidence, that the army did suffer any 
 serious inconveniences from the low state of the d6p&t under the 
 prisoner's care, the Court does therefore acquit him of that part 
 of the charge, viz. ' by which neglect, the most serious inconve- 
 niences were experienced by the army.' 
 
 With respect to the fifth charge, the Court is of opinion that 
 the prisoner is Not Guilty of that part of the charge, viz. ' for 
 neglect of duty in having suffered his water transport to fail.' 
 The failure of which, it appears to the Court, was owing to a 
 general want of arrangement in this mode of transport, and the 
 Court does, therefore, acquit the prisoner of the same. But the 
 Court is of opinion, that the prisoner is Guilty of that part of the 
 charge, viz. ' without making any report on the subject.' And 
 the Court is further of opinion, that the prisoner is Not Guilty 
 of the latter part of the charge, viz. * or using his best endeavours 
 to bring back and keep this most necessary branch of service, 
 although most particularly enjoined so to do,' in as much that the 
 prisoner did use some endeavours to keep up the boats, and the 
 Court does acquit him of the same. 
 
 With respect to the sixth charge, the Court is of opinion that 
 the prisoner is Not Guilty of any part of the same, as it appears 
 by the statement made of the prisoner's store-accounts when ulti- 
 mately and definitively rendered in August last, that the deficien- 
 cies are most materially reduced, and that those which still appear 
 
524 P- Berard. 
 
 therein, arise from various natural causes incidental to a large 
 magazine, and the Court does, therefore, acquit the prisoner of 
 this charge. 
 
 The Court having thus found the prisoner, Peter Berard, De- 
 puty Assistant Commissary General, Guilty of parts of the 1st, 
 2d, 4th, and 5th charges as above specified, the whole of which 
 being in breach of the Articles of War, the Court does, therefore, 
 and by virtue thereof, adjudge and sentence him, the prisoner, 
 Peter Berard, Deputy Assistant Commissary General, to be dis- 
 missed from His Majesty's service, and to refund such monies as 
 may appear to the comptrollers of army accounts, to be the dif- 
 ference due to the public, by the said purchases, as stated in the 
 
 first charge. 
 
 Lisbon, Monday, 15 March, 1813. 
 
 An order having been received by the President, Brigadier 
 General Inglis, from His Excellency the Commander of the 
 Forces, directing the Court to revise its proceeding and sentence, 
 the Court accordingly having met this day, the members' names 
 ■were called over, and they being all present. His Excellency's 
 Letter to Brigadier General Inglis, dated Frenada, the 2Bth Fe- 
 bruary, 1813, was produced and read to the Court, by the Acting 
 TDeputy Judge Advocate, and afterwards given to, and perused 
 by each individual member. 
 
 The Court re-assembled on the 1 8th March, and having taken 
 His Lordship's Letter into consideration, passed the following 
 sentence, viz. 
 
 The Court, after having mosj; minutely, deliberately and ma- 
 turely, weighed and re-considered the evidence adduced in sup- 
 port of the charges, preferred against the prisoner, Peter Berard, 
 Deputy Assistant Commissary General, together with what he 
 offered in his defence, and the evidence thereon, is of opinion as 
 follows : 
 
 With respect to the first charge, the Court is of opinion, that 
 there is not sufficient evidence to convict the prisoner of that part 
 of the charge, viz. ' for fraudulently and wilfully misapplying the 
 public monies,' and therefore, do acquit him of the same. 
 
 The Court is further of opinion, that the prisoner is Guilty of 
 that part of the charge, viz. 'in making purchases of sundry sup- 
 
p. Berard. 525- 
 
 plies to a large amount, between the Sd September and 24th 
 November, 1811, in disobedience of the positive written orders 
 of Commissary General Dalrymple, of the 2d September, (as 
 also repeated by letter on the following day) at exorbitant prices.' 
 
 And with respect to the latter part of the charge, viz. ' so con- 
 siderably beyond those current at Lisbon, (including all charges 
 of duty and transport,) as to make a diiFerence to the public in 
 the contract for, or purchase of, the said supplies at the con- 
 trasted prices above stated, to the amount of =£20,000, or there- 
 abouts,' the Court cannot form any opinion as to the difference 
 made to the public, the evidence brought before them not having 
 satisfactorily proved the prices paid by the Commissariat for their 
 purchase in Lisbon, during the period mentioned in the charges, 
 together with the various other charges of transport, and those 
 incident to it. 
 
 With respect to the second charge, the Court is of opinion, that 
 the prisoner is Guilty of the first part of the charge, viz. ' for 
 neglect of duty in not having reported the supposed necessity for 
 these purchases, previously to making them ;' but the Court is 
 of opinion, that the prisoner is Not Guilty of the latter part of 
 this chai'ge, viz. ' or that he had made them to any superior Offir 
 cer,' and consequently, does acquit him thereof. 
 
 With respect to the third charge, the Court is of opinion that 
 the prisoner is Not Guilty, in as much that it appears by a letter 
 dated 4th October, 1811, produced in evidence by the prosecu- 
 tion, that Commissary General Dalrymple dispensed with the 
 prisoner's daily states, and required him to report only twice a 
 week, and it also further appears by another letter, dated 5th 
 December, 1811, likewise adduced in evidence by the prosecu- 
 tion, that the prisoner actually sent in a state of his d6p6t within 
 the period mentioned in the charge, namely, on the IQth Novem- 
 ber, and the Court, consequently, does acquit the prisoner of this 
 charge. 
 
 With respect to the fourth charge, the Court is of opinion, that 
 the prisoner is Guilty, so far as not making a special report to 
 his superior Officer, agreeable to the 47th article of the pnnted 
 instructions to the Commissariat, although it appears that the 
 low state of his d6p6t could be seen from his ordinary states. 
 
52$ P. Berard. 
 
 But' as it does not appear in evidence, that the army did suffer 
 any serious inconveniences from the low state of the d6p6t under 
 the prisoner's care, the Court does, therefore, acquit him of that 
 part of the charge, viz. * by which neglect, the most serious in- 
 conveniences were experienced by the army.' 
 
 With respect to the fifth charge, the Court is of opinion, that' 
 the prisoner is Not Guilty of that part of the charge, viz. 'for 
 neglect of duty in having suffered his water transport to fail,' the 
 failure of which, it appears to the Court, was owing to a general 
 want of arrangement in this mode of transport, and the Court 
 does, therefore, acquit the prisoner of the same. But the Court 
 is of opinion that the prisoner is Guilty of that part of the charge, 
 viz. ' without making any report on the subject,' and the Court is 
 further of opinion, that the prisoner is Not Guilty of the latter 
 part of the charge, viz. ' or using his best endeavours to bring 
 back, and keep up this most necessary branch of service, although 
 most particularly enjoined so to do ;' in as much, as the prisoner 
 did use some endeavours to keep up the boats ; and the Court 
 does acquit him of the same. 
 
 With respect to the sixth charge, the Court is of opinion, that 
 the prisoner is Not Guilty of any part of the same, as it appears 
 by the statement made of the prisoner's store accounts, when 
 ultimately and definitively rendered in August last, that the defi- 
 ciencies are most materially reduced, and that those which still 
 appear therein, arise from various'natural causes incidental to a 
 large magazine, and the Court does, therefore, acquit the prisoner 
 of this charge. 
 
 The Court having thus found the prisoner, Peter Berard, De- 
 puty Assistant Commissary General, Guilty of parts of the 1st, 
 2d, 4th and 5th charges, the whole of which being in breach of 
 the Articles of War ; the Court does, therefore, and by virtue 
 thereof, adjudge and sentence him, the prisoner, Peter Berard, 
 Deputy Assistant Commissary General, to be dismissed from His 
 Majesty's service, and rendered incapable of ever serving His 
 Majesty again, in any military or civil capacity whatever. 
 
 The Court cannot close their proceedings, without remarking 
 the very great difficulties which they had to encounter, during the 
 whole of this long and intricate investigation, originating princi- 
 
P, Berard. 527 
 
 pally from the absence of the most material evidences, namely. 
 Commissary General Dalrymple, Deputy Commissary General 
 Dunmore, and Assistant Commissary General Lukin, who, it ap- 
 pears to the Court, are the individuals who could have thrown 
 the most light on the subject. 
 
 Nor can the Court pass over in silence the evident backward- 
 ness there appeared throughout the trial, on the part of the pro- 
 secution, to bring forward the befdrementioned, or any other 
 evidences, who from their knowledge in the Commissariat De- 
 partment, might have elucidated or explained many parts, which 
 the Court, as appears by the proceedings, asked for in vain, a cir- 
 cumstance the Court cannot account for, as the length of time 
 the heads of the Commissariat Department had to prepare the 
 prosecution, and the length of the trial itself, gave them ample 
 opportunity to bring before them such evidences as would have 
 cleared up the obscure parts of the transaction. 
 
 This, in the Court's opinion, prevented, in a considerable de- 
 gree, the more clear investigation of the matter, and also ob- 
 structed the Court, in ascertaining correctly the prices actually 
 paid by the Commissariat, for their own purchases made in Lis- 
 bon, and rendered the Court thereby, unable to form a correct 
 opinion, as to the actual and just sum the public lost. 
 
 From these circumstances, the Court were induced to recom- 
 mend the settlement of the prisoner's accounts to the Comptrol- 
 lers of army jjccounts, feeling themselves, after the most minute 
 investigation, incompetent to fix on the precise sum. lost to the 
 public, and which induced them, from a sense of justice to the 
 country, and the prisoner^ to recommend the settlement of the 
 said sum to be adjusted by that Board, which from its own nature, 
 appears to them, the most adequate to form a correct judgment. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the charges preferred against Deputy 
 Assistant Commissary General Peter Berard, together-with the 
 finding and Sentence of the Coiurt, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
( 5S8) 
 
 LIEUTENANT MALCOLM ERASER.— 1813. 
 
 Horse Guards, 20 July, 1813. 
 At a General Court Martial, held at Fort Royal, Martinique, 
 on the 5th January, 1813, and continued by adjournments to the 
 1 1th of the same month. Lieutenant Malcolm Fraser, of the 6th 
 West India Regiment, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. 'For absenting himself, without leave, from the following parades, 
 viz. the evening parade of the 6tli, morning parade of the 7th, and the 
 morning and evening parade of the 8th December, 1812, and for sleep- 
 ing out ,of his quarters, on the night of the 6th and 7th of December, 
 1812, in defiance of his (the Lieutenant Colonel's) positive orders, pro- 
 hibiting his so doing, all of which being in direct violation of military 
 discipUne, and contrary, to the Articles of War. 
 
 2d. ' For' disorderly and mutinous conduct, on the night of the 25th 
 December, 1812, in Fort Edward, Martinique, having after tattoo beat- 
 ing (he being then in arrest, on account of the first charge,) encouraged 
 two soldiers, of the 6th West India Regiment, to fight, holding a candle 
 to them for that purpose, and when admonished by Captain Verity, the 
 senior Officer of the regiment, then in the barracks, and at that time in 
 the execution of his duty, in going his rounds, as Captain of the day, to 
 desist from such improper conduct, or he must notice it, he (Lieutenant 
 Fraser) repUed, that if he did report him; he would lay a horsewhip 
 over his (Captain Verity's) shoulders, or words to that effect, all of 
 which is highly prejudicial to good order and military discipline, and 
 contrary to the Articles of War. 
 
 3d. ' For having embezzled or misapplied certain quantities of regi- 
 mental neces.saries, handed over to him, by Quarter Master Anderson, 
 when he (Lieutenant Fraser) took upon himself the duty of that officer, 
 on, or about, the 20th August, 1812, the deficit of such regimental ne- 
 cessaries, amounting in value to .=698 sterling, or thereabouts, all of 
 which is unbecoming the character of an Officer, and highly prejudicial 
 to the service. 
 
 4th. ' For highly improper conduct, in contracting a debt with the 
 house of Messrs. Coheii and Levi, merchants, at Barbadoes, to the amount 
 of .£311 : IDs. currency, or thereabouts, between the periods of August, 
 1811, and May, 1812, giving his bond for the same, and stipulating for 
 monthly payments, amounting to £3\ : 5s. cuiTency, every month, until 
 the whole, and every part thereof, was paid, which he in no one instance 
 has performed, such being unbecoming the character, of an Officer.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having maturely weighed and considered the evir 
 dence, brought in support of the charges preferred against the 
 prisoner. Lieutenant Malcolm Fraser, of His Majesty's 6th West 
 
I. Steitz. 529 
 
 India Regiment, together with what he has offered in his defence, 
 is of opinioi), as follows : 
 
 With respect to the first charge, that he, the prisoner. Lieute- 
 nant M. Fraser, is Guilty thereof. 
 
 With respect to the second charge, that he. Lieutenant Fraser, 
 is Guilty thereof. 
 
 With respect to the third charge, the Courtis of opinion that the 
 prisoner. Lieutenant M. PVaser, is Guilty of having embezzled or 
 misapplied the stores entrusted to his charge, by Quarter Master 
 Anderson, of the 6th West India Regiment, when he. Lieutenant 
 Fraser, took upon himself that Officer's duty, during his absence ; 
 but the Court do not conceive, that the articles handed over, by 
 Quarter Master Anderson to the prisoner, Lieiitenant Fraser, 
 were regimental necessaries, as stated in the charge, but the pri- 
 vate property of the said Quarter Master Anderson. 
 
 With respect to the fourth charge, the Court is of opinion that 
 the prisoner, Lieutenant Fraser, is Guilty of unofficerlike con- 
 duct, in not having fulfilled the terms stipulated in his bond, to 
 Messrs. Cohen and Levi, merchants, at Barbadoes. 
 
 The Court having thus found the prisoner. Lieutenant M. Fra- 
 ser, of His Majesty's 6th West India Regiment, Guilty of the two 
 first charges, and in part of the third and fourth charges, all which 
 being in breach of the Articles of War, does, therefore, sentence 
 and adjudge him, the said Lieutenant Malcolm Fraser, to be 
 cashiered. 
 
 The Prince Regent was pleased, in the name and on the be- 
 half of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and the Commander in Chief directs, that 
 the charges preferred against Lieutenant Fraser, together with 
 the finding and Sentence of the Court, shall be read at the head 
 of every regiment, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT FREDERICK STEITZ.— 1813. 
 
 Horse Guards, 22 Jitli/, 1813. 
 At a General Court Martial, held at Graham's Town, Cape of 
 
 M M 
 
530 f. Sleilz. 
 
 Good Hope, on the 4th January, 1813, and continued by adjourn' 
 meats to the 29th of the same month. Lieutenant Frederick. 
 Steitz, of the 1st Battalion, 60th Regiment, was arraigned upon 
 the undermentioned charges, viz. 
 
 1st Charge. ' Fox conduct highly unbecoming the character of an 
 Officer and a Gentleman, in embezzling, selling, or otherwise employing^' 
 for his own private use or advantage, at difterent periods, between the 
 8th January, and 2d August, 1812, whilst commanding a detachment of 
 the 1st Battalion 60th Regiment, the following articles, viz. 
 
 1st Article. "For having sold to. Veld Comet Streydon (a farmer) 
 about the latter er^d of April, thirty-two Government sheep. 
 
 2d Article. "Ibr having disposed of twenty-four, or twenty-six sheep, 
 to Commandant Stotz, a farmer. 
 
 3d Article. " For having €mbezzled, or misapplied, about four-barrels 
 of floijr, part of which he sold or exchanged for wheat-j transactions dis- 
 graceful ni themselves, prejudicial to good order and miUtary discipline, 
 and contrary to the Articles of War.'' 
 
 2d Charge. ' For conduct highly unbecoming the character of an Of- 
 ficer and a Gentleman, in issuing the Government flour to a party of 
 farmers, who were stationed at Commandant Statz's Farm place, at ths 
 rate of three hundred and ninety pounds weight for each cask, whereby 
 undue profit must have accrued to him, such conduct being highly dis- 
 graceful in itself, prejudicial to the service, and contrary to the Articles 
 of War. 
 
 3d. ' Fpir condaKt highly unbecomiing the character of an Officer and 
 a Gentleman, in having given twenty-seven sheep to Serjeant Dumagen, 
 of the 60th Regiment, which were sold by him (the Serjeant) to Gn-t 
 Osthuesen, a farmer. In having also given the said Serjeant Dumagen a 
 sa,c\ containing two hundred weight of flour, or thereabouts, to dispose 
 of. Also, for having kept the detachment three days vnthout bread, at a 
 time when he had three casks of Government flour in his possession, such 
 conduct being disgraceful to the character of an Officer and a Gentleman, 
 pr^udieial tp good order and inilitary jiisciphnfi, and contrajy to the Ar- 
 ticles of War. 
 
 4th. ' l^oT conduct highly unbecoiaing the character of an Officer an4 
 a Gentleman, in employing the soldiers of his detachment to tan the 
 skins of the Government sheep, which had been slaughtered for their 
 use, and ;naking them up as trowsers, and issuing, and charging the^s to 
 his meii, at, from two, to three vix dollai's per. pair. Also for seUing the 
 fat of the said sheep to the farmers, or exchanging it with them for soap, 
 such conduct being disgraceful to th«i service, subversive of good order 
 and miUtary discipHne, and contrary to the Articles of War. 
 
 6th. ' For conduct highly unbecoming the character of an Oflicer and 
 a Gentleman, in charging a party of the Winter Hook fanners, under his 
 cpmnjand, at Courney, with provisions' for the whole period they were 
 there, which was about six weeks, when they only received Government 
 rations fiom him about one third part of that time, such conduct being 
 
F.^leitz. 531. 
 
 highly prejudicial to the service, suhversire of good order and military 
 discipline, and contrary to the Aiticles of War. 
 
 6th. ' For conduct highly unbecoming the character of an OflBcer and 
 a Gentleman, in having ordered Serjeant Mannuell, 1st Battahon 60th 
 Regiment, to conceal under his hed, at Stotz's Farm place, a spade, a 
 felUng axe, and pick axe, until they could he secretly removed, therehy 
 intending to defraud His Majesty of these implements, the same being 
 Government property, a transaction disgraceful in itself, prejudicial to 
 the honour of the service, subversive of good order and military discipline, 
 and contrary to the Articles of War. 
 
 7th. ' For conduct highly unbecoming the character of an OiBcer and 
 a Gentleman, in having at different periods, betvi^een the 8th January, 
 and 2d August, 1812, bought quantities of spirits from farmers, and 
 giving the same to be sold to the detachment under his command, at 
 neai'ly double the price paid for it, by him, thereby deriving a consider- 
 able profit to himself, in direct violation of His Majesty's regulations, 
 highly prejudicial to good order and military discipline, and contrary to 
 the Articles of War.' 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court, having maturely and deliberately considered and 
 examined the evidence in support of the prosecution, as also what 
 was offered by the prisoner in his defence, are of the following 
 opinions, on the respective charges, viz. 
 
 On the first charge, the Court are of opinion the prisoner. 
 Lieutenant Frederick Steitz, 60th Regiment of Infantry, is Guilty 
 to the following extent, viz. 
 
 On the first article of charge, the prisoner is Guilty. 
 
 On the second article of charge, the prisoner is Guilty of 
 * having sold, or exchanged, twenty^one sheep, with Commandant 
 Stotz, a farmer.' 
 
 On the third artrcl'e, the prisoner is Guilty of ' having misap. 
 plied about two barrels of Government flour.' 
 
 On the second charge, the Court are of opinion the prisoner is 
 Guilty of ' having issued the flour to the farmers> at SBOlbs. per 
 cask, but not at SQOlbs. as stated in fhe charge,' whereby a profit 
 must have accrued to him of about 70lbs Dutch weight, per cask. 
 
 On the third charge, the Court are of opinion, the prisoner is 
 Guilty. 
 
 On the fourth charge, the Court are of opinion the prisoner is 
 Not Guilty to the full extent thereof, but the Court are of opinion, 
 the prisoner is Guilty ' of having issued out leather trowsersto 
 
 M M 2 
 
532 H. E. Uely. 
 
 to his detachment, at such prices as a profit accrued to him 
 thereon/ 
 
 The Court are of opinion that the evidence in support of the 
 prosecution does not establish the second part of the charge, and 
 do, therefore, acquit the prisoner of that part of the charge. 
 
 On the fifth charge, the Court are of opinion the prisoner is 
 Not Guilty, and do, therefore, acquit him of the charge, for want 
 of sufficient evidence. 
 
 On the sixth charge, the Court are of opinion the prisoner is 
 Guilty ' of ordering the trenching tools to be concealed ;' but 
 that he was not actuated by any bad motive, or intention of de- 
 frauding His Majesty's Government, as they applied to have 
 been afterwards employed for the public service. 
 
 On the seventh charge, the Court are of opinion the prisoner 
 is Guilty ' of having purchased spirits', and allowing it to be sold 
 at nearly double the price paid for it.' But the Court are of opi^ 
 nion,for want of sufficient evidence in support of the prosecution, 
 the fact, of the prisoner having derived a profit, isnot established, 
 and do, therefore, acquit the prisoner of that part of the charge. 
 
 The Court do, therefore, adjudge the prisoner, Lieutenant Fre- 
 derick Steitz, 60th Regiment, to be cashiered. 
 
 His Royal Highness the Prince Regent, in the name and on the 
 behalf of His Majesty, has been pleased to confirm the finding 
 and Sentence of the Court; and the Commander in Chief directs, 
 that the charges preferred against Lieutenant Frederick Steits^ tp- 
 gether with the finding and Sentence of the Court, shall be read 
 at the head of every corps, and entered in the general order book 
 By command of H. R. H. the Commander in Chief, 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN HENRY EDWIN HELY.— 1813. 
 
 Horse Guards, 24 July, 1813. 
 At a General Court Martial, held at St. Ann's Barracks, Bar- 
 badoes, on the 25th March, 1813, and continued by adjournlnents 
 to the 31st of the same moiith, Ensign Henry Edwin Hely, of the 
 8th West India Regiment, was arraigned upon the undermen- 
 tioned charges, viz. 
 
11. E. Hely. 533 
 
 1st. ' For creating disunion amongst his brother Officers, tirging two 
 of them to fight a duel, on, or about, the month of October last, when at 
 Camp. Bologne, Island of Guadaloupe, boasting of having been the cause 
 thereof, and for being himself principally concerned as second to the 
 aforesaid meeting, in breach of the Articles of War. 
 
 2d. ' For repeated disobedience of orders, during the month of Novem- 
 ber last, when at Camp Bologne, Island of Guadsdoupe, in not repairing 
 to the mess-room, to practise the rifle exercise ordered for the Officers of 
 the light company, fictitiously pleading indisposition, as an excuse for 
 not attending the said drill, attempting to deceive the medical staflF of the 
 regiment, by pretending that his right hand was defective, and conse- 
 quently not able to handle a rifle piece, when, on examination thereof by 
 the medical officers, no such ailment could be traced, thereby shamefully 
 imposing on the service, and conduct subversive to military discipline. 
 
 3d. ' For general misconduct ever since his amsal at Barbadoes- 
 First, for disobedience to a regimental order, bearing date the 29th of 
 November last, in associating with Officers under the sentence of courts- 
 martial, and for persisting in visiting those Officers, viz. Lieutenants 
 Blaquiere and Hemy, of the 8th West India Regiment, notwithstanding 
 his having been recently reprimanded for it, by the Major of the regi- 
 ment. Secondly, for shamefully ill-treating and unmercifully beating a 
 mulatto woman, on, or about, the 14th of February last. Thirdly, for 
 offering reproachful and provoking language, accompanied with threaten- 
 ing gestures, with bis hand, to a senior Officer, Lieutenant Glass, of the 
 8th West India Regiment ; and, lastly, for frequently disturbing the fa- 
 milies quartered in the huts, adjoining St. Ann's, by singing the most 
 improper and indecent songs, conduct unbecoming the character of an 
 Officer and a Gentleman, and highly subversive of good order and mili- 
 tary discipline,' 
 
 Upon which charges the Court canne to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence which has been produced on the part of the prosecution, 
 against Ensign Henry Edwin Hely, of the 8th West India Regi- 
 ment, as well as what has been proved, and alleged in his de- 
 fence, is of opinion as follows, viz. 
 
 With respect to the first of the charges, the Court finds that 
 it is proved, and that the prisoner is Guilty thereof, in breach of 
 the Articles of War. 
 
 With respect to the second of the charges, the Court also finds 
 this charge proved, and that the prisoner is Guilty thereof, in 
 breach of the Articles of War. 
 
 As to the third of the charges, the Court is of opinion that the 
 prisoner is Guilty of that part of it, which relates to his 'associat- 
 ing with Officers under sentence of Courts Martial, in disobe- 
 
534 G. Raynes. 
 
 dience to a regimental order of the 29th November, 1812/ and 
 finds him Guilty accordingly ; but as to so much of the charge 
 as relates to his ' persisting in visiting those Officers, after being 
 reprimanded by the Major of the regiment,' the Court conceives 
 that the same has not been sufficiently proved, and acquits him 
 of that part accordingly. 
 
 With respect to that part of the third charge, which accuses the 
 prisoner with * offering reproachful and provoking language and 
 gesture to his superior Officer, Lieutenant Glass,' the Court finds 
 that the same is proved, and that the prisoner is Guilty thereof; 
 but as to those parts of this third charge, by which the prisoner 
 is accused with ' ill-treating and unmercifully beating' a mulatto 
 woman, and with singing improper and indecent songs, to the 
 disturbance of the families in the huts,' the Court is of opinion 
 that these have not been sufficiently proved, and, thereforCj ac- 
 quits him of so much thereof. 
 
 The Court having thus determined upon the whole of the 
 charges, and having thus found the prisoner Guilty, doth sentence 
 and adjudge that he, the prisoner. Ensign Henry Edwin Hely, of 
 the 8th West India Regiment, be cashiered. 
 
 His Royal Highness the Prinde Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges, preferred ^gaiqst 
 Epsign Henry Edwin Hely, of the 8th West India Regiment, 
 together with the finding and Sentence of the Court, shall be read 
 at the head of every regiment, and entered in the general order 
 book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen, 
 
 LIEUTENANT GEORGE RAYNES.— 1813. 
 
 Horse Guards, 15 Aug. 1813. 
 MY LORD, 
 
 Having li?id before the Prince Regent the proceedings 
 
 of a. General Court Martial, held at Coimbra, on the 17th April, 
 
 18 la, and continued by adjournment to the 9th of the same 
 
J. G. Peters. 535 
 
 month, for the trial bf Lieutenant George Raj-nes, of the Royal 
 Waggon Train, who was arraigned upon the undermentioned 
 charge, viz. 
 
 " For behaving in a scandalous infamous manner, such as is unbecom- 
 ing the 'character of an Officer and a Gentleman, viz. 
 
 ' By selling a horse as his property, to Veterinary Surgeon Cherry, on, 
 or about, the 22d November, 1812, knoviring at the time that he had no 
 right to sell the same, and afteiTcards endeavouring to induce Seijeant 
 Erost, flf the Royal Waggon Trains through whose means he had wrong- 
 fully got possession of the horse, by art and falsehood, to conceal the real 
 circumstances of the transaction.' 
 
 Upon which charge the Court came to the following decision ; 
 ' The Court, having most maturely and deliberately weighed and 
 considered the whole of the evidence adduced before it, on the 
 part of the prosecution, as well as what the prisoner has urged in 
 his defence, is of opinion that the prisoner, Lieutenant George 
 Raynes, of the Royal Waggon Train, is Guilty of the whole of 
 the charge preferred against him^ which being in breach of the 
 Articles of War, the sentence of the Court therefore is, that he, 
 the prisoner, Lieutenant George Raynes, of the Royal Waggon 
 Train, be cashiered. 
 
 I am to acquaint your Lordship that His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove and confirm the finding and Sentence of the Court. 
 
 I am, my Lord, your's, 
 (Signed) FREDERICK, Commander in Chief, 
 
 Field Marshal the Marquis of Wellington, K. G. SfC. Spc, Sfc. 
 
 CAPTAIN JOHN GODFREY PETERS. 
 
 Horse Guards, 24 Aug. 1813. 
 
 At a General Court Martial, held at Radipole Barracks, Wey- 
 mouth, on the 20th May, 1813, and continued by adjournments 
 to the 21st of June following. Captain John Godfrey Peters, of 
 the yth Regiment of Light Dragoon?, was arraigned upon the 
 undermentioned charges, viz. 
 
 1st. ' For having made improper use of several troop horses, in the 
 months of May, June, July, August, September, October, November, and 
 December, 1810; January, Februaiy, and March, 1811; when quar- 
 tered at Totuess Barracks, by using them solely for his own private avo- 
 cations, rii^ 
 
536 J. G. Peters. 
 
 First. " His servant having frequently, during the above periods, rode 
 difterent troop horses to Totness mai-ket, from the barracks, to bring dif- 
 ferent articles for Captain Peters's family. 
 
 Second. " For having also employed troop horses to, draw gravel, for 
 the purpose of gravelling in front of the Officers' house. 
 
 Third. " For having taken a troop horse, in the latter end of February, 
 or beginning of March, 1811, with a cart, to carry baggage anil oats 
 fi-om the barracks of Totness, to the canal on the way to Teignraouth, 
 escorted by two dragoons." ^ 
 
 2d. ' For converting into regimental trowsers, and giving out to the 
 men of his troop, between the months of May, 1810, and August, 1811, 
 inclusive, a hospital marquee, which he had found in the troop store 
 room, and charging to the meh the full j^gimentaFpiice for the trowsers. 
 
 3d. ' For having misapplied and embezzled tliree hundred and seven 
 pounds of oats, delivered from the store at Exeter barracks, for the sup- 
 port of his troop horses, then quartered on the inn-keepers in Exeter, in 
 two divisions, viz. on the 9th of May, 1811,. two hundred ~and three 
 pounds; and on the 1 5th of the. same month, one hundred and four 
 pounds, the whole of which were appropriated to the use of his own 
 
 4th. ' For disobedience of the General Regulations and Orders of the 
 Army, (page 97) by employing Corporal John Lewis as one of his ser- 
 vants, between the months of Februaiy and March, 1812. 
 '5 th. ' For having wilfully defrauded the public revenue, by having, on, 
 or about, the 24th July, 1812, made and certified a false statement of 
 Private John Levris's accounts after his desertion, by introducing sundry 
 tradesmen's bills therein, to a considerable amount, when no such were 
 due, thereby lessening the balance due, and forfeited to government in 
 consequence of such desertion. 
 
 6th. ' For having kept in his own possession a troop horse belonging 
 to His Majesty, for the space of six months, from the 13th August, 1812, 
 to the 13th February, 1813, and converted the same to his own private 
 use. 
 
 7tb. ' For having kept in his employ, in the months of October, No- 
 vember, and part of December, 1812, five first, second,' and third class 
 dragoons, viz. John Stone, as a cabinet-maker, who was accounted for in 
 the returns, as at the general's employ; Stephen Reynolds, as a gardenerj 
 John Pope, as a coachman ; Thomas Dimmick, as a bdt man in the 
 country, and Thomas Long, as a belt man in the barracks ; in conse- 
 quence of which the young men doing duty at the dep6t were much. ha- 
 rassed by having the care of three or rour horses, and heavy escort duty 
 in the months of October and NovembeV, 1812, with ban-ack and maga- 
 zine guaj-ds, which caused gi*at murmur and discontent amongst flie 
 men. , 
 
 8th. 'For having, fi-om time to time, between the months of Apiil, 
 1812, and January, 1813, knowingly made false musters, certifyiiig se- 
 veral Officers to have chargers present, which they really had not, viz. 
 24th November, and 24th December, 1812, and 24th Januaiy, 1813, 
 thereby procuring forage to a greater extent, and applying it to the use 
 
J. G. Peters. 537 
 
 ef his own private horses ;. also for signing false monthly returns and 
 daily states, during the above periods, and producing for Officers at dif- 
 ferent musters, horses vrhich were not the property of those Officers. 
 
 9th. ' For embezzling, and appropriating to his own use, a great pro- 
 portion of the savings of oats, to the amount of about 7000 pounds, be- 
 tween the months of July, 1812, and January, 1813, and requesting 
 Major General Jones to make application to government for a further 
 supply in the month of Januaiy, 1813, under pretence that all the oats 
 m store had been duly consumed. 
 
 10th. ' For having, on, or about, the 9th of August, 1812, endeavoured 
 to induce the troop clerks to take from him a supply of necessaries, upon 
 which he oflFered them on each article 2^ per cent, for ready money, 
 which they never accepted of, knovidng it to be contrary to the King's 
 regulations. 
 
 lith. ' For having, in the months of August, September, October, 
 November, and December, 1811, stopped from Serjeant Cooke, when 
 sick in hospital, the sum of one shilUng per week, for the care of his 
 horse, during the above periods, which stoppage, and others of the same 
 nature, were ordered by Major General Jones to be refunded, which order 
 he, Captain Peters, never complied with, notwithstanding Serjeant Cooke 
 made his grievances known to him. 
 
 12th. ' For having, on, or about, the 28th of July, 1812, ordered a 
 part of the chaff, which was cut fi'om the hay and straw stopped from the 
 troop horses, to be given to his bdt man, occasionally, for the use of his 
 own horses, which order was complied with. 
 
 13th. ' For traffic in troop horses, by selecting the best out of different 
 lots, and disposing of them to different Officers, viz. one on the 5th July, 
 and one on the 12th October, 1812.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court having maturely weighed, and attentively considered 
 the whole of the evidence brought forward in support of the 
 charges, as well as what the prisoner has offered and proved in 
 his defence, together with all the circumstances relative thereto, 
 are of opinion, — 
 
 1 St. That the prisoner. Captain John Godfrey Peters, is Not 
 Guilty of the first charge adduced against him, and do, therefore, 
 acquit him of the same. 
 
 . 2d. That the said prisoner is Not Guilty of the second charge, 
 and do, therefore, acquit him of the same. 
 
 3d. That the said prisoner is Not Guilty of the third charge, 
 and do, therefore, acquit him of the same ; but the Court conceive 
 there is a degree of culpability attached to Captain Peters for 
 having had the extra oats mixed with his own, and allowing a 
 portion thereof to be given to his own horses. 
 
538 J. G.Peters. 
 
 4tli. That" the said prisoner is Guilty of the fourth charge, 
 but it appearing that Corporal Lewis was so employed for a 
 short time> they deem the charge extremely frivolous. 
 
 5th. That the said prisoner is Guilty of the fifth charge. It 
 appears to the Court that Captain Peters signed the account, not 
 from a wish to defraud Government, but from a mistaken idea, 
 that he had a right of reimbursing himself from the losses he had 
 sustained from John Lewis's theft and desertion. 
 
 6th. That the said prisoner is Not Guilty of the sixth charge, 
 and the Court conceives the same to be frivolous and vexatious, 
 and do, therefore,, acquit him of the same. 
 
 7th. That the said prisoner is Guilty of the seventh charge, but 
 it is not proved in evidence that the young men doing duty at the 
 d4p6t were much harassed thereby, nor had they any escort duty 
 or guards in consequence thereof, neither was murmur or discon* 
 tent expressed by the men on account thereof. 
 
 Sth. That the said prisoner is Guilty of the eighth charge, ex- 
 cept having applied the forage so drawn to the use of his own 
 horses. 
 
 9th. That the said prisoner is Not Guilty of the ninth charge, 
 and do, therefore, acquit him of the same. 
 
 10th. That the said prispner is Not Guilty of the tenth charge, 
 and do, therefore, acquit him of the same. 
 
 1 1th. That the said prisoner is Not Guilty of the eleventh 
 charge, and do^ therefore, acquit him of the same. 
 
 12th. That the said prisoner is Not Guilty of the tweVfth 
 charge, and do, therefore, acquit him of the same; but they 
 deem the charge very frivolous and vexatious. 
 
 13th. That the said prisoner is Not Guilty of the thirteenth 
 charge, and do, therefore, Acquit him of the same. 
 
 The Court having found the prisoner, , Captain John Godfrejf 
 Peters, Guilty of the fourth, fifth, seventh, and eighth charges, 
 (with the exception of bavintg applied the forage so drawn to the 
 use of his own horses) which being a breach of the Articles of 
 war, do, therefore, sentence the aforementioned. Captain John 
 Godfrey Peters to he cashiered. 
 
 The Court feel themselves bound to pass this sentence in con- 
 formity to the Articles of War. In pursuance of this painful dutyj 
 
JT. G. Peters. 539 
 
 the Court cannot but express an anxious solicitude in the unfortu- 
 nate situation of the prisoner, whose character, prior to this 
 period (during nineteen years' service), stands unsullied, and 
 •whose conduct has been so highly approved by Officers of dis- 
 tinguished rank and experience; which considerations infjuce the 
 Court unanimously to recommend him to the clemency of His 
 Jloyal Highness the Prince Regent. 
 
 Having performed their duty in awarding the sentence, as 
 above recorded, the Court feel themselves imperiously called 
 upon to animadvert on, the conduct of the prosecutors, Serjeant 
 Majors King and Cooke : some of the charges they have preferred 
 are stated to have accrued from transactions that took place two 
 or three years since ; many of the charges are extremely frivo- 
 lous and vexatious, and the whole of them framed in terms so as 
 to convey the most aggravated degree of guilt, aided and assisted 
 by those most dangerous acts, combination and conspiracy, as it 
 appears that Quarter Master Smith and Serjeant Major Kennedy 
 were concerned in the framing, and bringing forward the charges 
 that have been investigated by this Court. 
 
 Their testimony, particularly that of Serjeant Major King, 
 appeared to be actuated by the influence of party feeling, — for- 
 getting the true character of witnesses, unsupported by any other 
 evidence to the extent which they uniformly asserted in their de- 
 positions, together with the manner in which they delivered them, 
 must have convinced every impartial mind that they were in- 
 fluenced by malignant motives, and carried on the prosecution in 
 order to gratify private resentment; these feelings and motives 
 were more particularly conspicuous in the testimony of Serjeant 
 Major King, he having exercised them to a much greater and 
 more pernicious extent, if not, to a heinous crime, in the evi- 
 deace he gave respecting tearing out the leaves of a book, in 
 which were inserted the first account of Private John Lewis. 
 
 Under the aforementioned impressions, the Court feel they 
 cannot too severely censure the conduct of the prosecutors, 
 Serjeant Majors King and Cooke, in preferring such charges 
 (accompanied by such aggravated circumstances) against their 
 superior officer ; such conduct being derogatory to their charac- 
 
540 J. G. Peters. 
 
 ters as non-commissioned' officers, totally subversive of good 
 order and military discipline, and highly injurious to His Ma- 
 jesty's service. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 sentence of the Court ; but from the circumstances adduced on 
 the face of the proceedings. His Royal Highness has been 
 pleased to take into his gracious consideration, that the conduct 
 of the prisoner, Captain Peters, in regard to the charges of 
 which he has been found guilty, evidently appears to have arisen 
 in an inadvertency, as to the committal of any impropriety, or to 
 a degree of carelessness, which, however remiss in itself, would 
 appear to be foreign to the motives which the prosecutors have 
 attributed to him ; and which motives, if founded in fact, would 
 be at variance with the high and respectable character which the 
 prisoner has maintained in the service, and with the full and ho- 
 nourable manner in which he has been acquitted of nine of the 
 charges preferred against him, under circumstances of distant 
 date and peculiar minutiae, and suggested by a vindictive spirit of 
 malevolence which must ever render accusation extremely difficult 
 to refute by regular proof. 
 
 Under all these circumstances, the Prince Regent was pleased 
 to consider the prisoner as worthy the exercise of his gracious 
 clemency, and to command that he, "Captain Peters, should ac- 
 cordingly be restored to the functions of his commission, with an 
 admonition to be more circumspect, in future, regarding thosQ 
 points upon which the sentence of the Court is founded. 
 
 The Prince Regent has been further pleased to take into his 
 gracious consideration, the evident conspiracy against the honour 
 and character of an Officer, upon which this prosecution would 
 appear to have been founded, and to command that a communi- 
 cation shall be made to the Colonel of the Qth Light Dragoons, 
 intimating that Serjeant Majors King and Cooke are considered 
 as no longer deserving of trust in the situation of non-commis- 
 sioned Officers, and that they shall be reduced to the ranks ac- 
 cordingly. 
 
 The Commander in Chief directs, that the charges preferred 
 
J. Earner. 541 
 
 against Captain John G odfrey Peters, together with the finding 
 and Sentence of the Court, and the Prince Regent's pleasure 
 thereon, shall be read at the head of every corps, and entered in 
 the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Peters is now a Major of Cavalry, and superin- 
 tendent of the Cavalry Riding School. — Editor. 
 
 COLONEL SIR JOHN EAMER.— 1813. 
 
 Horse Guards, 26 Aug. 1813. 
 
 At a General Court Martial, held at Whitehall, on the 21st 
 and 22d June, 1813, Colonel Sir John Eamer, of the Royal 
 East London Regiment of Militia, was arraigned upon the under- 
 mentioned charges, viz. 
 
 " For behaving m a scandalous infamous manner, such as is unbecom- 
 ing the character of an Officer and a Gentleman, towards Captain Tho- 
 mas B. V. Symes, of the same regiment, as follows : 
 
 Ist. ' In issuing, or causing to be issued, an order, on, or about, the 
 30th July, 1812, directing him, the said Captain Symes, as then com- 
 manding a company in the Royal East London Regiment of Militia, to 
 make good with new bayonet scabbards, such as would not admit of 
 being repaired, thereby imposing, or attempting to impose, upon him, 
 the said Captain Symes, an expenditure in direct violation and disobedi-- 
 ence of the regulations and orders of His Royal Highness the Prince Re- 
 gent, in the name and on the behalf of His Majesty, bayonet scabbards 
 being an article enumerated in the regulations and orders of the 12th 
 August, 1811, which is issued from the Ordnance department. 
 
 2d. ,' In not immediately, or duly forwarding to the Adjutant General 
 of His Majesty's Forces, a Letter addressed by him, the said Captain 
 Symes, on, or about, the 21st August, 1812, for information and guid- 
 ance relatively to bayonet scabbards. 
 
 3d. ' In ordering him, the said Captain Symes, on, or about, the 31st 
 August, 1812, from the command of his company, the regiment being 
 then under arms in the Artillery Ground, in or near the City of London, 
 and Iieeping him there until and after the dismissal of the parade, tend- 
 ing to degrade him in the eyes of the private soldiers, and thereby lessen- 
 ing a necessary influence in command. 
 
 4th. ' In ordering him, the said Captain Symes, on the same day 
 into close arrest, within the City of London, refusing him, after applica- 
 
542 J. Earner. 
 
 tion, the order of such arrest in writing, nor even then otherwise as- 
 signingto' him any sufficient specific cause of such arrest, and conti- 
 nuing such arrest, for, or near, six days, without bringing him to a CoiU"t 
 Martial. 
 
 5th. *■ In refusing, and in the presence of Major General Turner, of 
 the district and others, on, or about, the 26th October, 1812, to give 
 him, the said Captain Symes, an answer to an application made relatively 
 to bayonet scabbards, agreeably to the direction or reference of the said 
 Major General, by an express declaration that he was determined not 
 to give an answer to it. , 
 
 6th. ' In charging him, the said Captain Symes, at the same time 
 and place, and in the presence of the said Major General, and others, 
 with direct falsehood, in the following terms : — ' 'tis false 1 General, 'tis 
 false.' 
 
 7th. ' In ordering him, the said Captain Symes, to attend, on, or about, 
 the 7th November, 1811, at his. Colonel Sir John Earner's, then pri- 
 vate residence, on, or near Blackheath, where Captain and Adjutant Mac- 
 donnel, of the same regiment, was placed and dii'ected to put down such 
 answers, as might be supposed to render him, the said Captain Symes, 
 amenable to military law, and then and there using exulting exclama- 
 tions, expressive that he had so committed him ; such conduct being in 
 direct subversion of all good order and militaiy discipline.' 
 
 Upon which charges the Court came to the following deci- 
 sion : 
 
 The Court, having duly weighed and considered the evidence 
 adduced on the prosecution, as well as what has been offered in ' 
 defence, are of opinion, that Colonel Sir John Earner is Not 
 Guilty, of ' behaving in a scandalous infamous manner, such as 
 is unbecoming the character of an Officer and a Gentleman,' in 
 any articles of the charge, as preferred against him by Captaia 
 B. V. Symes, and do, therefore, acquit him thereof. With respect 
 to the first article, the Court are of opinion, that Colonel Sir 
 John Eamer was justified in issuing the order of the 30th July", 
 1812. With resp'ect to the second article, the Court are of 
 opinion, that Colonel Sir John Eamer did duly forward the lette? 
 alluded to in the regular official manner. With respect to the 
 third, fourth, fifth, and sixth articles, the Court are of opinion, 
 that although the facts, as detailed, have been proved, yet that 
 the conduct of Sir John Eamer does not appear liable to the im- 
 putations therein ascribed to it, though at the same time, with 
 reference to the sixth article, the Court cannot but express their 
 regret, that Colonel Sir John Eamer should have been led to use 
 any unguarded expressions. 
 
J. Earner. 543 
 
 With respect to the seventh article, the Court are of opinion 
 that no proof has been adduced of Colonel Sir John Earner ' hav- 
 ing ordered the attendance of Captain Symes, with a view of 
 rendering him, Captain Symes, amenable to military law, from 
 the answers he should then give, nor of his (Colonel Sir John 
 Earner's) then and there using exulting exclamations, expressive 
 that he had so committed him.' 
 
 The Court, however, cannot conclude their finding without 
 remarking, that the conduct of Captain Symes, as far as it has 
 been brought before the Court, does not seem to have been dic- 
 tated by motives for the ^ood of the service. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and sentence of the Court. 
 
 Under all the circumstances of the case, as they appear upon 
 the face of the proceedings, and which have apparently led to 
 the observation of the Court, that the conduct of the prosecu- 
 tor does not seem to have been dictated by motives for the good 
 of the service, the Prince Regent has been pleased to com- 
 mand, that it should be intimated to Captain Symes, that as he 
 appears in the charges, he ventured to prefer against his Colo- 
 nel, to have been actuated by a spirit of insubordination, at va- 
 riance with every principle of discipline and duty from a subor- 
 dinate Officer, His Royal Highness has no further occasion for 
 his services in the Royal East London Regiment of Militia. 
 
 The Commander in Chief directs, that the charges preferred 
 against Colonel Sir John Ean>er, together with the finding and 
 Sentence of the Court, and the Prince Regent's pleasure thereon, 
 ahail be read at the head of every corps, and entered in the 
 general order book. 
 
 By the command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. GenJ 
 
 N. B. Sir John Earner is still the Colonel of the Royal East 
 Loudon Militia. — Editor. 
 
( 544 ) 
 CAPTAIN ROBERT TRUSCOTT.— 1813. 
 
 Horse Guards, 28 Aug. 1813. 
 
 At a General Court Martial, held at Battle Barracks, on the 
 
 21st June, 1813, and continued by adjourumeuts to the 8th July 
 
 following, Captain Robert Truscott, of the Royal Artillery, was 
 
 arraigned upon the undermentioned charges, viz. 
 
 1st. ' For conduct unbecoming the character of an Officer and a Gen- 
 tleman, in making the men of his company, to the beginning of March, 
 1813, subscribe to a fund established in the year 1806, by paying 2id. 
 per day each, for every day they had leave to work, nominally, for the 
 benefit of the married women of his company, and any extraordinaries 
 that might happen, and for withholding from Gunners Snowball, Ran- 
 kin, Armstrong, and others, who had subscribed to the fund, any benefit 
 whatever from the same, and refiising to this time to give any account 
 of the purposes to wnich this money so paid, has been applied. 
 
 2d. ' For conduct unbecoming the character of an Officer and a Gen- 
 tleman, in making Gunners Snowball, Gillespie, Robinson, and many 
 others, pay 2s. per week each, from the 1st June, 1810, to the latter 
 end of September in the same year, for leave to be excused from aU duty 
 whatever, excepting church parade on Sundays.* 
 
 Upon which charges the Court came to the following decision : 
 The Court, having most maturely weighed the evidence brought 
 forward in support of the charges, preferred against the prisoner. 
 Captain Robert Truscott, together with what he has adduced in 
 his own defence, are of opinion, with regard to the first charge, 
 that he, the said Captain Robert Truscott, is Not Guilty, and 
 do therefore acquit him thereof; but the Court feel it a duty in- 
 cumbent upon them, to remark upon the extreme irregularity 
 both of the fund and company's books, as laid before the Court; 
 and although no proof has been brought of the prisoner having 
 refused to give, any account of the purposes to which the money 
 paid into the fund has been ttpplied, it appears to the Court very 
 extraordinary, that no divison or explanation of the balance, 
 which appears on the face of the fund-book of £%7 : 2«. 6^rf. 
 had been made to the men of his company, the fund having been 
 closed in September 1810. 
 
 With regard to the second charge, the Court are of opinion 
 that he, the prisoner, is Guilty, which being in breach of the 
 Articles of War, do sentence hini, the said Captain Robert Trus- 
 cott, to be severely and publicly reprimanded. 
 
E. M'Gmre, J. Gilchrist, 8fc. 545 
 
 Although the sentence of the Court appeared to the Prince 
 Regent, to be inadequate to the extreme irregularity and guilt 
 of the prisoner, upon a point of great delicacy and importance 
 to the interests of the soldier ; yet, under all the circumstances of 
 the case, His Royal Highness was pleased, in the name and on 
 the behalf of His Majesty, to confirm the same, and to command 
 that Lieutenant General Lord Charles Somerset, or General 
 Officer Commanding the Sussex District, should be instructed 
 to carry the reprimand and admonition of the prisoner. Captain 
 Truscott, into execution, in terms calculated in the strongest 
 manner to point out to him the extreme impropriety of his con- 
 duct, with the hope that such a public expression of the Prince 
 Regent's disapprobation, may have the effect of preventing a 
 recurrence of such improper stoppages from the soldier's pay, 
 or of discontinuing such a practice, if it should be enforced in 
 any other instance throughout the service. 
 
 The Commander in Chief has been pleased to direct, that the 
 foregoing charges preferred against Captain Robert Truscott, of 
 the Royal Artillery, together with the finding and Sentence of 
 the Court, and the Prince Regent's pleasure thereon, shall be read 
 at the head of every corps, and entered in the general order book. 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Truscott died in 1814. — Editor. 
 
 ENSIGNS EDWARD M'GUIRE and JAMES GIL- 
 CHRIST, LIEUTENANT A. DILLON and EN- 
 SIGN DANIEL O'BRIEN.— 1813. 
 
 G. O. Horse Guards, 10 Sept. 1813, 
 
 The Commander in Chief is persuaded, that the late trial of 
 Ensign Edward M'Guire, 6th West India Regiment, Ensign 
 James Gilchrist, 6th West India Regiment, Lieutenant Anthony 
 Dillon, 101st Regiment, Ensign Daniel O'Brien, lOlst Regi- 
 ment, for the heinous crime of murder, has excited the liveliest 
 interest and anxiety, throughout the army. • His Royal Highness 
 has therefore been pleased to direct, that the following Letter, 
 
 N N 
 
546 E. M'Guire, A. Dillon,. SfC. 
 
 /which he has received fram the Lord Visqount SidmOuth, oiie of 
 His Majesty's Principal Secretaries of State,, shall be published 
 
 in general orders, 
 
 Whitehall, 8 Sept. 1813. 
 " In obedience to the commands of the Prince Regent, I have 
 the honour of acquainting your Royal Highness, that it is His Royal 
 Highness's gracious intention not to order the sentence upon the 
 four Officers of the army, who were capitally convicted at the 
 last assizes at Winchester, of the murder of Lieutenant Blundell, 
 of the lOlst Regiment of Foot, to be carried into execution ; but 
 to grant them the Royal pardon. 
 
 " I think it incumbent upofl me, at the same time, to lay before 
 your Royal Highness a copy of the evidence adduced upon the 
 trial of those Officers ; from which it appears, that the original 
 disagreement between Lieutenant Blundell and Ensign M'Guire, 
 arose from a trivial cause ; that no attempt was made to reconcile 
 the parties ; but, on the contrary, that, instead of those efforts, 
 ■which, if properly and seasonably exerted, might have bad the 
 happy effect of preventing the meeting, which led to the fatal 
 result, great pains were most unwarrantably taken to instigate 
 and promote it : this observation I am bound to state, refers 
 more especially to Lieutenant Dillon, who, from his rank in the 
 regiment, and his standing in the army, was peculiarly called 
 upon to exercise his influence and authority for a purpose very 
 different from that to which tbey were applied. 
 
 " I deem it my indispensable duty to submit this representa- 
 tion to your Royal Highness, and I do so, in the full persuasion, 
 that your Royal Highness will be pleased to cause such steps 
 to be taken upon this painful occasion, as the circumstances of 
 the case shall, upon consideration, be found to require. 
 
 (Signed) " SIDMOUTH." 
 
 While the awful sentence of the law was pending, tlie Com- 
 mander in Chief abstained from expressing any opinion on this 
 most distressing occasion. His Royal Highness now feels it 
 incumbent on him to take that part, which a due regard to the 
 discipline and the chaiacter of the army demands. 
 
 The Commander ia Chief is sincerely rejoiced, that the cle- 
 jnency of His Royal Highness the Prince Regent, acting in the 
 
J. Gilchrist and D. O'Brien. 547 
 
 name and on the behalf of His Majesty, has been graciously 
 extended, to these Officers, and has prevented their suffering an 
 ignominious death. 
 
 The offence of which they have been guilty, cannot, however, 
 in a military point of view, remain unnoticed. 
 
 On a due consideration of all the circumstances attending this 
 transaction, the Commander in Chief is induced to think, that of 
 all the parties concerned, the unfortunate Officer who lost his 
 life, and the yet more unfortunate one, by whose hand his com- 
 rade fell, are the least culpable ; they appear not to have been 
 actuated by any personal aniinosity, but to have been instigated 
 and governed by the advice of others. 
 
 The Commander in Chief is greatly concerned to observe, 
 that no such palliation can be adduced in the cases of Lieutenant 
 Dillon, Ensign Gilchrist and Ensign O'Brien. 
 
 Their interference was equally uncalled for, and unnecessary, 
 and tended, not as might have been expected, to settle the tri- 
 vial difference which existed between their brother Officers, but 
 to magnify its importance, and to instigate them to the measure 
 which has led to so fatal a result. 
 
 The Commander in Chief, therefore, has it in command to con- 
 vey to all these Officers, the highest displeasure of the Prince 
 Rfegent, fov conduct so unmilitai^y and disgraceful ; and to notify 
 to them, that they are no longer Officers in His Majesty's ser- 
 vice ; but His Royal Highness being disposed, in this decision, to 
 6.ttend to the distinction, which appeals in their conduct, and 
 observing that Lieutenant Dillon, who, from his rank and stand- 
 ing in the army, ought to have set a different example, has, 
 throughout, taken the most prominent part in these outrageous 
 proceedings, and greatly influenced the conduct of Ensigns Gil- 
 christ and O'Brien, is pleased to limit the declaration of being 
 incapable of ever serving His Majesty in any military capacity, 
 to Anthony Dillon, late Lieutenant in the 101st Regiment. 
 
 The Commander in- Chief directs, that this order shall be en- 
 tered in the orderly books, and read at the head of every regi- 
 ment aiid corps iti the service. He hopes it will prove an useful 
 and impressive lesson to the young Officers of the army, and a 
 warning to them of the fatal consequences of allowing themselves 
 
 N N 2 
 
548- T. Hay. 
 
 to be misled by erroneous notions, and false principles of honour,; 
 which, when rightly understood, and leading to its legitimate ob-, 
 ject, is the brightest gem in the character of a soldier. 
 
 By H. R. H. the Commander in Chief's command. 
 
 HARRY CALVERT^ Adj. Gen. 
 
 CAPTAIN THOMAS HAY.— 1813. 
 
 Eorse Guards, 4 Oct. 1813. 
 
 At a General Court Martiaf, held at Montreal, in Canada, on' 
 the lOth April, 18 13, and continued by adjournments to the 21st 
 of the same month, Captain Thomas Hay, of the Canadian Regi- 
 ment, was arraigned upon the undermentioned charges, viz. 
 
 1st. 'For conduct unbecoming the character of an Officer and a Gen- 
 tleman, in misapplying the public monies entnisted to his charge, on 
 account of Ms company, and disobedience of regimental orders, in not 
 having paid the balances due to his men, to 24th March, 1813. 
 
 2d. ' For making away vrith monies charged against, and received by 
 Captain ETay, from several men of his company, due to Quarter Master 
 Fraser, for regimental necessaries, furnished him for the use of his com- 
 pany. 
 
 3d. 'For making away with monies charged against the nien of his" 
 company, in their accounts, to 24th of January last, due to Quarter Mas- 
 ter Fraser, on account of barrack damages and deficiencies, during the 
 period that said company was quartered at Quebec. 
 
 4th. ' For acting in opposition to regimental orders, in allowing se- 
 veral men of his company to sign their monthly accounts to 24th March 
 last, when it consisted with his knowleftge, that they had not received 
 the amouiit of their weekly subsistence, which they were chai'ged with." 
 
 Upon which charges the Court came \o the following decision : 
 
 The Court, having deliberately weighed and examined the 
 whole of the information exhibited in support of the prosecution, 
 as well as what the prisoner urged in his defence, was of opinion, 
 with respect to the first charge, that he was Guilty of the first 
 part, viz. * for conduct unbecoming the character of an QflScer 
 and a Gentleman, in misapplying the public monies entrusted to 
 his charge, on account of his company,' and with respect to the 
 second part of the charge, viz. 'disobedience of regimental orders, 
 in not having paid the balances due to his company to 24th 
 March, 1813,' the Court acquitted him, as the regimental orders 
 t)rodaced in evidence, did not specify any particular day for 
 payment of balances. 
 
R^ H. Benson. 549 
 
 With respect to the 2d, 3d, and 4th charges, the Court was of 
 opinion that the prisoner was Guilty, and therefore sentenced 
 him. Captain Thomas Hay^ of the Canadian Regiment, to be dis- 
 missed His Majesty's service. 
 
 - His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf -of His Majesty, to approve and 
 confirm the finding and Sentence of the Court ; and the Com- 
 mander in Chief directs, that the foregoing charges preferred 
 against Captain Thomas Hay, of the Canadian Regiment, to- 
 gether with the finding and Sentence of the Court, shall be read at 
 the head of every corps, and entered in the general order book. 
 By command of H. R. H. the Commander in Chi^f. 
 
 HARRY CALVERT, Adj. Gen. 
 
 MAJOR ROBERT HAGGARD BENSON.— 1813. 
 
 Horse Guards, 6 Oct. 1813. 
 At a General Court Martial, held at Maidstone, on the 22d 
 July, 1813, and continued by adjournments to the 27th of the 
 same month. Major Robert Haggard Benson, of the 3d West 
 York Regiment of Militia^ was arraigned upon the undermen- 
 tioned charge, viz. 
 
 ' For conduct unbecoming the character of an Officer and a Gentleman, 
 in fraudulently obtaining certain sums of money, from Messrs. Pai'ker, 
 Shores and Co., bankers, at Sheffield, a,mounting to about Nine Thousand 
 Two Hundred and Eighty-eight Pounds, between the month of July, 
 1810, and the month of October, 1812, or thereabouts, under the false 
 pretence of its being for the service of the 3d West York Regiment of 
 Militia.' 
 
 Upon which charge the Court came to- the following decision : 
 
 The Court, having most maturely deliberated upon, and most 
 attentively weighed and considered the whole of the evidence and 
 matter adduced in support of the prosecution, together with what 
 the prisoner offered in his defence, are of opinion, that he. Major 
 Robert Haggard Benson, is Guilty of the charge preferred against 
 
 him. 
 
 But the Court consider it necessary clearly to specify, that of 
 all the bills drawn by Major Benson, within the periods men- 
 tioned, only the two last drafts for <£400 each, accepted by him, 
 
aSQ T. R. Dekimoy. 
 
 remain 4)8hQnoured and unpaid, steps having been taken by the 
 prisoner, fi-Qm time to time, to liquidate the various other hills, 
 \?.hiEh were cashed by Messrs. Parker, Shores and Co. on his ac- 
 ceptances ; and that the sum which is actually due by Major Benr, 
 ^on, to the bankers, is £ight Hundred Pounds, together with the 
 interest and charges relative to that particular amount ; the two 
 hills for which, before alluded to, expressly stated the same to he 
 for the use of the 3d West York Regiment of Militia, although 
 the prisoner had no right or authority whatever to dravp such 
 monies fqr the public service. 
 
 The Court do, therefore, adjudge him, Major Robert Haggard 
 Benson, of the 3d West York Regiment of Militia, to be cashiered. 
 
 The Prince Regent, ia the name and on the behalf of His 
 Majesty, has been pleased to approve and confirm the finding 
 and Sentence of the Court ; and His Royal Highness the Com- 
 mander in Chief is pleased to direct, that the charge preferred 
 against M^or Robert Haggard Benson, of the Sd West York 
 ^Regiment of Militia, an.d the Sentence of the Court, shall be read 
 at the head of every regiment, and entered in the. general order 
 
 By wde? Ojlf H. R. H. the Commander ia Chief. 
 
 HARRY CALYERT, Adj. G.^. 
 
 ENSIGN AND ASSISTANT SURGEON THOMAS 
 ROBERT PELANNOY.-1813. 
 
 Horse Gmrdi, 12 Od. 1813. 
 
 At a General Court Martial, held at Plymouth Pock, on the 
 5th of August, 1813, and continued by adjournments to the Ilth 
 of the same mpnth. Ensign and Assistant Surgeon Thovnas Robert 
 D^lanmoy, of the Royal Perthshire Regiment of Militia, was ar- 
 raigned upon the undermentioned charge, viz. 
 
 ' For highly disgi-aceful conduct, unbecoming the character of an Offi- 
 ce andt a, Ge,iitleman, ia wantonly insulting and using most miwainrant- 
 ebie language to Captain Macduff, of the Royal Perthshire Militia, on the 
 evening of the 1 1th July, most particvdai-ly in calling him a coward, be- 
 ing hi-ghly prejudicial, to good order and militaiy discipline, and in breach 
 oi the Autidbsi of War." 
 
 Up«B which change the Court came to the foHowing decision.: 
 
W.A. Hodson. ^1 
 
 The Court, having duly and deliberately weighed and consi- 
 dered the evidence, in support of the prosecution, together with 
 what the prisoner has offered in his defence, is of opinion that 
 he, the prisoner, Ensign and Assistant Surgeon Thomas Robert 
 Delannoy, of the Royal Perthshire Regiment of Militia, is Guilty 
 of the charge preferred against him, in breach of the Articles of 
 War, and doth, therefore, sentence hita, the said Ensign and As- 
 sistant Surgeon Thomas Robert Delannoy, to be dismissed from 
 His Majesty's Royal Perthshire Regiment of Militia. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and the Commander in Chief directs, that 
 the charge preferred against Ensign and Assistant Surgeon De- 
 lannoy, together with the finding and Sentence of the Court, shall 
 be read at the head of ev«-y corps, and entered in the general 
 order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT WILLIAM A. HODSON.— 1813. 
 
 Horse Guards, 14 Oct. 1813. 
 
 At a General Conrt Martial, held at Whitehall, on the 14th 
 and 16th August, 1813, Lieutenant William Armstrong Hodson/ 
 of the 1st Regiment of Royal Tower Hamlets Militia, was ar- 
 raigned on the undermentioned charges, viz. 
 
 1st. ' Having, while absent from duty with leave (in coIouTed clothes, 
 in defiance of a regimental order) on, or about, the 1st of March, 1813j 
 on the regimental parade, at Deptford, in the presence of the guard, and 
 a part of the regiment, menaced Lieutenant Scott, while attending his 
 duty, by shaking a horsewhip before him, and provoking him, by -saying,' 
 " I mean you by this j take this for a horsewhipping ;" and other expres- 
 sions to the same effect, for the purpose of inducing Lieutenant Scott, to 
 commit a violation of good order and militaiy discipline, which should 
 subject him to punishment. 
 
 2d. ' Having sent, on, or about, the same day, to Lieutenant Scott, while 
 on guai'd in His Majesty's Dock Yard, Deptford, a written card for the pur- 
 pose of challenging him, or provoking him to send a challenge to Lieu- 
 tenant Hodson, with the same view of inducing Lieutenant Scott to th'e 
 commission of a breach of the Articles' of War.' 
 
 Upon which charges the Court came tO' the following decision : 
 
552 W. Maxwell, 
 
 The Court, having duly and maturely considered the evidence 
 in support of the charges against the prisoner, Lieutenant Wil- 
 liam Armstrong Hodson, of the 1st Regiment of Royal Tower 
 Hamlets Militia, together with that produced by him, and what 
 he has offered in his defence, are of opinion that he is Guilty of 
 both the charges, and do, therefore, sentence him to be cashiered. 
 ■ The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and the Commander in Chief directs, that 
 the charges preferred against Lieutenant Armstrong Hodson, to- 
 gether with the finding and Sentence of the Court, shall be read 
 at the head of every regiment, and entered in the general order 
 book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen, 
 
 PAYMASTER WILLIAM MAXWELL.— 1813. 
 
 Horse Guards, 16 Oct. 1813. 
 At a General Court Martial, held at Leeds, on the 19th Au- 
 gust, 1813, and continued by adjournments to the 23d of the 
 same month, William Maxwell, Esq. Paymaster of the Leeds 
 Recruiting .District, was arraigned upon the undermentioned 
 pharge, viz. 
 
 ' Eor malversation in his office of Paymaster of the Leeds Recruiting 
 District, in having embezzled, or misapplied, the sum of ,£7998 : 6s., or 
 thereabouts, of the public money.' 
 
 Upon which charge the Court came to the following decision : 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence, adduced in support of the prosecution, 
 against the prisoner, William Maxwell, Paymaster of the Leeds 
 District, together with what he has submitted in his defence, are 
 of opinion that he is Guilty of the charge preferred against him, 
 being in breach of the Articles of War, and do, by virtue thereof, 
 sentence the prisoner, William Maxwell, Paymaster of the Leeds 
 District, to be dismissed from His Majesty's service ; and further, 
 to be imprisoned in one of His Majesty's gaols, till the sum of 
 .£8207 : lis. 9id., or thereabouts, which appears to be the 
 balance due from the prisoner to the public, shall be repaid. 
 
N. E. Lewis. 555 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm so much of the finding and Sentence of the Court, as adjudges 
 the prisoner, William Maxwell, to be dismissed from His Ma- 
 jesty's service, and as ascertains the balance due to the public, it 
 appearing to His Royal Highness, that the sentence of impri- 
 sonment iu one of His Majesty's gaols, until the above balance is 
 paid,, is not legal ; but that such balance, so ascertained by the 
 Court, may be recovered in His Majesty's Courts of Record. 
 
 The Commander in Chief directs, that the foregoing charge, 
 preferred against the prisoner, William Maxwell, Paymaster of 
 the Leeds District, together with the finding and Sentence of the 
 Court, and the Prince Regent's pleasure thereon, shall be read at 
 the head of every corps, and entered in the general order book. 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 PAYMASTER NOAH EDWARD LEWIS.— 1813. 
 
 Horse Guards, 19 Oct. 1813. 
 At a General Court Martial, held at Whitehall, on the 25th 
 and 28th of August, 1813, Paymaster Noah Edward Lewis, of 
 the 8th Royal Veteran Battalion, was arraigned upon the under- 
 mentioned charge, viz. 
 
 . ' For malversation in his office of Paymaster of the 8th Royal Veteran 
 Battalion, in having embezzled and misapplied large sums of public 
 money, which came to his hands as such Paymaster, at dififerent times, 
 between the 24th December, 1807, and 25th August, 1812, to the 
 amount of ^2280 : 2s. S^d., more or less, the accompts by which such 
 embezzlement or misapplication became known, not having been ren- 
 dered complete by the said Noah Edward Lewis, before the month of 
 August/ 1812." 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having duly and maturely considered the whole 
 matter, is of opinion that the prisoner, Paymaster Noah Edward 
 Lewis, of the 8th Royal Veteran Battalion, is Guilty of so much 
 of the charge, as imputes to him, ' having embezzled and misap- 
 plied the sum ofo£'2120:2«. 6id., more or less,' and do, therefore, 
 adjudge that he be dismissed from His Msyesty's service, and be 
 
.554 C. Dymoke. 
 
 rendered incapable of serving His Majesty in any office, civil or 
 military. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court ; and the Commander in Chief directs, 
 that the charge prcsferred against Paymaster Lewis, of the 8th 
 Royal Veteran Battalion, together with the finding and Sentence 
 of the Court, shall be read at the head of every corps^ and en- 
 tered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 ASSISTANT SURGEON C. DYMOKE.— 1813. 
 
 Horse Guards, 1 Nov. 1813. 
 
 At a General Court Martial, held at Messina, in Sicily, on the 
 
 1st June, 1813, and continued by adjournments to the 5th of the 
 
 same month, Assistant Surgeon Charles Pymoke, of the Royal 
 
 Artillery, was arraigned upon the "undermentioned charges, viz. 
 
 1st. ' For having, ok tjia. night of the 14th May, or momlHg of the 
 15th of May, 1813, made use of ungentlemanlike and improper lan- 
 guage to Assistant Surgeon John iSaiidersan> of the Royal Artillery, and- 
 fer basing, on the aforesaid night, repeatedly struck Assistant Surgeon: 
 John Sanderson, of the Royal Artillery. 
 
 2d. ' For having, on the night of the 14th, or mommg of the I5th 
 of May, 1813, defended the character of Assistant Surgeon John Sander- 
 son, of the Royal ArtiUeryi by accusing him of fraudulent practice? with 
 regarti to some money transactions in England. 
 
 3d'i ' For having, on the night of the 14l;hj or morning of the 15th 
 May, 1813, made use of insulting and provoking language to Lieutenant 
 Cotton, of the Royal Artillery, when in the execution" of his duty, and for 
 disobe^ence ef his- (Lieutenant Cotton's) orders, in refusing tO' consider 
 himself in arrest, when ordered in arrest by the aforesaid Officer.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having maturely weighed and considered the evi- 
 dence in support of the prosecution, together with what the pri- 
 soner. Assistant Stlrgeon Charles Dymoke, of the Royal Artillery, 
 has urged' in his d'efence, is of opinion that the said prisoner is 
 Guihy of the whole of the charges preferred against him, which 
 being a breach of the Rules and Article* of War, the Court doth 
 
J. Keogh. ^5& 
 
 therefore sentence the said Assistant Surgeon Charles Dymoke, 
 of the Royal Artillery, to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con-^ 
 firm the finding and Sentence. of the Court, and His Royal 
 Highness has been further pleased to command, that the 
 charge of embezzlement against Assistant Snrgeon Sander- 
 son, as appears upon the face of the proceedings, shall be re- 
 ferred to the Master General of the Ordnance, for such inveati-^ 
 gation as his Lordship may now think practicable. 
 
 The Coinmander in Chief directs, that the foregoing charges 
 preferred against the prisoner. Assistant Surgeon Dymoke, of the 
 Royal Artillery, together with the Prince Regent's pleasure 
 thereon, shall be read at the head of every corps, and entered in 
 the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gem 
 
 N. B. Assistant Surgeon Sanderson retired from the Royal 
 Artillery in 1814. — Editor. 
 
 LIEUTENANT ANTHONY EEOGH.— 1813. 
 
 HQrse Guards^ 3 Nm. 1SI13. 
 
 At a General Court Martial, held at Halifax, Nova Scotia, on 
 the 5th July, 1^13, and continued by adjouraments to the ISth 
 of the same month. Lieutenant Anthony Keogh, of the 64th Re^ 
 gbnent, was arraigned upon the undermentioned charge, vis. 
 
 ' For conduct unbecoming the character of an OflScer, and highly sub^ 
 versive of military diseiplinCj in being drank, when Officer of the guard 
 in chai'ge of prisoners of war, at Melville Island^ Nova Scotia, and for 
 disobedience of the orders of the said guard, on, or about, the 24th June, 
 1813, in breach of the Articles of War." 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having maturely considered the evidence on tb^ 
 part of the prosecution, as well as what the prisons adduced in 
 his defencd, is of opinion that he is Guilty of the first part of the 
 charge, viz. ' being drunk when Officer of the guard, in charge of 
 prisoners of war, at Melville Istand.' 
 
556 J. Dean. 
 
 , With respect to the second part of the charge, although it has 
 been proved to the Court, that the prisoner omitted to obey the 
 orders of the guard, j'et as he was allowed to remain in charge of 
 the. guard after twelve o'clock', without being reported to the 
 Officer commanding the post, no blame can be attached to the 
 prisoner, and the Court do, therefore, acquit him. 
 
 The Court having found the prisoner Guilty of the first part of 
 the charge, being a breach of the Articles of War, do sentence 
 him, the said Lieutenant Anthony Keogh, 64th Regiment, to be 
 cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to. approve and con- 
 firm the finding and Sentence of the Court ; and. the Commander 
 in Chief directs, that the charge preferred against Lieutenant 
 Anthony Keogh, of the 6'lth Regiment, together, with the finding 
 and Sentence of the Court, shall be read at the head of every 
 - corps, and entered in the general order book. 
 
 By command of H. R H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN JOHN DEAN.— 1813. 
 
 Horse Guards, 4 Nov. 1813. 
 
 At a General Court Martial, held at Gibraltar, on the 4th July, 
 181.3, and re-assembled on the 15th of the same month. Captain 
 John Dean, of the 4th Royal Veteran Battalion, was arraigned 
 upon the undermentioned charges, viz. 
 
 1st Charge. — " With gross neglect, of duty; he having- the command 
 of a detachment of the 4th Royal Veteran Battalion, from England to 
 Gibraltar, in not waiting, on his arrival at Gibraltar, on his Commanding 
 Officer, and not having furnished him, his Commanding Officer, with any 
 return or state of the said party whatsoever, contrary to his duty as an 
 Officer, and to the prejudice of the service. 
 
 2d Charge. — " With having behaved in a scandalous and infamous 
 inanner, unbeconung the character of an Officer and a Gentleman, in the 
 folloVvihg instances. 
 
 1st. ' With having been almost constantly intoxicated during the pas- 
 sage from England, although in the, command of a detachment, thereby 
 setting a veiy bad example to the men, to the prejudice of good order 
 and Hiilitai-y discipline, and contrary to his duty. 
 
 2d, ' With having, on the evening of the 23d June, landed with the 
 
J. Dean. 557 
 
 said detachment in, a state of the most shameful inebriety^ having drawn 
 his sword in the boat, on coming on shore, in a threatening manner, 
 highly unbecoming an Officer on duty, to the prejudice of good order 
 and military discipline, and contrary to his duty. 
 
 3d. * With having, on landing, left his detachment, and having gone, to 
 a tavern, where he behaved in a most indecent and riotous manner, such 
 as was unbecoming the character of an Officer and a Gentleman. 
 
 4th. ' With having threatened to knock down the Adjutant of the 
 battalion, who was sent, by the Commanding Officer of the regiment, to 
 put him under arrest. 
 
 5th. ' With having broken his arrest on the same evening, of the 23d 
 June, and gone through the streets in a riotous manner, to the prejudice 
 of public peace and -good order. 
 
 6th. ' With having, on the evening of the 24th June, again broken his 
 arrest, entered the quarters of Lieutenant Wilson, of the 4th Royal 
 Veteran Battalion, abused and struck him repeatedly.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having fully weighed and considered the evidence 
 brought forward in support of the charges against the prisoner. 
 Captain John Dean, of the 4th Royal Veteran Battalion, as well 
 as what he offered in his defence, is of opinion that the several 
 facts with which the prisoner is charged, are proved ; but the 
 Court is of opinion that the derangement of the prisoner's judg- 
 ment is such, that it cannot attach any intentional guilt or punish- 
 ment to his conduct, therefore humbly recommends his being re- 
 moved from the service, and allowed to retire upon the amount 
 of his pay, in such manner as His Royal Highness the Prince 
 Regent may be pleased to direct. 
 
 The Court further recommends, that the prisoner be immedi- 
 ately sent home to the care of his friends. 
 
 15 July, 1813. 
 The Court re-assembled, by order of his Excellency Lieutenant 
 General Campbell, to revise their sentence, and the following 
 Letter was read : 
 
 Gibraltar, 13 July, 1813. 
 " SIR, 
 
 " I have the honour to inform you, that the General 
 Court Martial, of which you are president, is re-assembled to re- 
 vise the sentence on Captain John Dean, of the 4th Royal Vete- 
 ran Battalion, as .itis by no means delicate or proper that the 
 Court should take upon itself to point out to His Royal Highness 
 
558 J"> D^art. 
 
 the Prinde Regent the way in which the prisoner should^ itt fu- 
 ture, be provided for. 
 
 " The sentence of the Court should be confined to its opinion, 
 on the charges preferred against Captain Dean^ and the proceed- 
 ings are returned herewith for that purpose. 
 
 Signed) « COLIN CAMPBELL, Lieut. Gen." 
 " To Maj6r General Widdrington, ^c. S^c. S^c." 
 
 The Court having received the honour of his Excellency Lieu- 
 tenant General Canipbell*s further commands to re-assemble, to 
 revise the sentence on Captain J. Dean, df the 4th Royal Veteran 
 Battalion, cannot but deeply regret that any part of its proceed- 
 ings should be held up as indelicate or improper. 
 
 The Court, with that profound respect it bears to His Royal 
 Highness, its gracious Priiice, who now governs, has only humbly 
 presumed to recommend the prisoner Captain John Dean's being 
 removed from the service, as an object of Compassion, and, as 
 such, to be allowed to retire upon the amount of his pay, for his 
 support, in such manner as His Royal Highness, in his princely 
 clemency, may be pleased to direct. 
 
 The Court having, therefore, fully weighed and re-considered its 
 former sentence, does hereby confirm the same. 
 
 The Prince Regent was pleased, in the name and on the behalf 
 of His Majesty, to approve and confirm so much of the finding of 
 the Court as relates to the charges having been proved, and to 
 the removal of the prisoner from the service ; but with respect 
 to the recommendation included in the sentence, the Prince Re- 
 gent considered the Court as having acted with impropriety in 
 pointing out any particular mode in which the prisoner might be 
 deemed worthy the Royal clemency. Under all the circumstances 
 of the case, however, which clearly evince the unfortunate state 
 of imbecility to which Captain Dean is reduced, His Royal 
 Bighiiess has been pleased to extend to that Officer his gracious 
 consideration,^ and to command that he shall be allowed to retire 
 upon half-pay. 
 
 The Commander in Chief directs, that the charges preferred 
 against Captain John Dean, together with the finding and Sen- 
 tence of the Court, and the Prince Regent's pleasure thereotf, 
 
J. Carmody, 559 
 
 shall be read at the head of every corps, and entered in the gene- 
 ral order book. 
 
 By H. R. H. the Commander in Chief's command. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Dean died in 1815. — Editor. 
 
 ENSIGN JOHN CARMODY.— 1813. 
 
 Horse Guards, 6 N<n. 1813. 
 
 At a General Court Martial, held at Fort Royal, Martinique, 
 on the 13th July 1813, and continued by adjournments to the 
 l6th of the same month, Ensign John Carmody, of the 1st Bat- 
 talion 63d Regiment, was arraigned upon the undermentioned 
 charges, viz, 
 
 1st. ' For scandalous and infamous conductj such as Is unbecoming 
 the character of an OflScer and a Gentleman, in appearing in the streets 
 of Fort Royal, in a state of intoxication, during the performance of a 
 Roman Catholic ceremony, on the evening of Sunday the 20th June, 
 1813, to the public disgrace of the service, and of his own regiment in 
 particular. 
 
 ' 2d. ' For disobedience of his superior Officer's orders, on the said even- 
 ing of the 20th June, 1813, in not immediately repauing to his quarters 
 when ordered in arrest, but continuing to parade the streets of Fort 
 Royal in a state of intoxication, and also for making use of menacing 
 gestures, and insubordinate language to Ensign Cavy, his superior 
 Officer, on the same evening, when he. Ensign Davy, ordered him to 
 repair to his quarters. 
 
 3d. ' For conduct highly insubordinate and subversive of military dis- 
 cipline, in assembling several non-commissioned Officers in a guard-room 
 at Pigeon Island, on the said evening of the 20th June, 1813, without 
 the knowledge or concurrence of the Officer commanding that post.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having very maturely weighed and considered what 
 has been brought in evidence against the prisoner. Ensign John 
 Carmody, of the Ist Battalion of the 63d Regiment, together with 
 what he has adduced in his defence, is of opinion, with respect 
 to the first charge, that he is Guilty thereof. 
 
 With respect to the second charge, the Court is of opinion that 
 the prisoner. Ensign Carmody, is Guilty of the first count thereof, 
 viz. ' disobedience of his superior OflBcer's orders on the said 
 evening of the 20th June, 1813, in not immediately repairing to 
 
560 J. M'Nair. 
 
 his quarters when ordered in arrest, but continuing to parade the 
 streets of Fort Royal, in a state of intoxication ;' but the Court 
 acquit him of the second count of that charge, viz. ' and also for 
 making use of menacing gestures, and insubordinate language to 
 Ensign Davy, his superior OflScer, on the same evening, when he. 
 Ensign Davy, ordered him to repair to his quarters ;' the same 
 not having been fully proved. 
 
 With respect to the third charge, the Court is of opinion that 
 the prisoner is Guilty thereof. 
 
 The Court having thus found the prisoner, Ensign John Car- 
 mody, of the 1st Battalion of the 63d Regiment, Guilty of the 
 first charge to its full extent, and of the first part of the second 
 charge, as also of the whole of the third charge, all which being 
 in breach of the Articles of War, the Court does sentence and 
 adjudge him. Ensign John Carmody, of the 1st Battalion 63d Re- 
 giment, to be cashiered. 
 
 His Royal Highness the Prince Regent has been plcsised, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the charges preferred against Ensign Car- 
 mody, together with the finding and Sentence of the Court, and 
 the Prince Regent's pleasure thereon, shall be read at the head 
 of every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN JOHN M'NAIR.— 1813. 
 
 Horse Guards, 8 Nm. 1813. 
 
 At a General Court Martial, held at Kingston Barracks, Ja- 
 maica, on the 4th and 6th August, 1813, Lieutenant John 
 M'Nairn, of the 5th West India Regiment, was arraigned upon 
 the undermentioned charge, viz. 
 
 ' For conduct highly disgraceful and unbecoming the character of an 
 Officer and a Gentleman, in appearing at parade of the regiment on the 
 morning of the 24th ultimo, in a state of intoxication, when on duty of 
 acting Garrison Captain of the day, having been named in regimental 
 orders for the said duty the day before." 
 
 Upon which charge the Court came to the following decision : 
 
W.Amlersan. 66l 
 
 The Court, having duly considered the evidence on the part 
 of the prosecution, with what the prisoner has urged in his de* 
 fence, is of opinion he is Guilty of the charge exhibited against 
 him, and do, therefore, sentence him, the said Lieutenant John 
 M'Nair, 5th West India Regiment, to be cashiered. 
 
 The Prince Regent was pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and the Commander in Chief directs, 
 that the foregoing charge, preferred against Lieutenant John 
 M'Nair, of the 5th West India Regiment, together with the 
 finding and Sentence of the Court, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of bis H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen, 
 
 G. O. Horse Guards, 26 t)ec. 1816. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been graciously pleased, at the 
 recommendation of His Royal Highness the Commander in 
 Chief, to direct that John M'Nair, late a Lieutenant in the 5th 
 West India Regiment, who was sentenced by a General Court 
 Martial, held at Kingston Barracks, Jamaica, on the 4th and 5th 
 August, 1813, to be cashiered, shall, under all the circumstances 
 connected with his case, be re-instated in his rank as a Lieute- 
 nant in the 5th West India Regiment. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen, 
 
 N. B, Lieutenant M'Nair is now upon the Half-pay of the late 
 5th West India Regiment. — Editor. 
 
 LIEUTENANT WILLIAM ANDERSON.— 1813. 
 
 Horse Guards, 10 Nmi. I8I». 
 At a General Court Martial, held at Cork, on the 23d Au- 
 gust, 1813, and continued by adjournments to the 26th of the 
 same month, Lieutenant William Anderson, of the Tyrone Mili- 
 tia, was arraigned upon the undermentioned charges, viz. 
 
 o o 
 
fi62 W. Jnderson. 
 
 1st. ' For promoting, aiding and abetting in a duel, which took place, 
 «n, or about, the 2d July, 1813, betvyeen Lieutenant John Irwia, and 
 Eflsign James Gaston, both of the Tyrone Militia, the same being sub- 
 versive of discipline and a breach of the Articles of War. 
 
 2d. ' Scandsdous and infamous conduct, unbecoming an Officer and a 
 Gentleman, in endeavouring to prevent a reconciliation between Lieute- 
 ©ant John Irjyin, and Jlnsign James Gastpn, after Ensign Gaston, to 
 whom he was second, was wounded, the same being subversive of disci- 
 pline, and a breach of the Articles of War.' 
 
 Upon which charges the Court came to- the following de- 
 cision : 
 
 Tlie Court, having ta:ken into their consideration the evidence 
 laid before them in support of the prosecution, as also what was 
 offered by the prisoner in his defence, find that the prisoner. 
 Lieutenant William Anderson, of the Tyrone Militia,, is Guilty of 
 the first <Jiarg« exhibited against him. 
 
 With regard to the second charge, the Court are of opinion 
 that the prisoner is Guilty of ' endeavouring to prevent a recon- 
 ciliation between Lieutenant John Irwin, and Ensign James 
 Gaston, after Ensign Gaston was wounded, to whom he was 
 second.' 
 
 The Court acquit the prisoner of ^ scandalous and infamous 
 conduct,' being of opinion, that his having endeavoured to pre- 
 vent a reconciliation is to be attributed to his youth and iuexpe^ 
 rience. 
 
 The Court having found the prisoner Guilty of the first charge 
 and part of the second charge exhibited against him, which being 
 in breach of the Articles of War, do, therefore, sentence him, 
 the said Lieutenant William Anderson, of the Tyrone Militia, to 
 be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander in 
 Chief directs, that the foregoing charges, preferred against the 
 prisoner, Lieutenant William Anderson, of the Tyrone Militia, 
 together with the finding and Sentence of the Court, shall be 
 read at the head of every corps, and entered in the general order 
 book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen 
 
( 563 ) 
 
 LIEUTENANT WILLIAM HUGHES.— 1813. 
 
 Horse Guards, 12 ^""01;. 1813. 
 
 At a General Court Martial, held at Plymouth Dock, on the 
 10th of September, 1813, and continued by adjournments to the 
 18th of the same month, Lieutenant William Hughes, of the 
 1st Somerset Regiment of Militia, was arraigned upon the under- 
 mentioned charge, viz. 
 
 ' For conduct unbecoming the character of an Officer and a Gentle- 
 maUj in entering the officers' mess-room of the 1st Somerset Regiment 
 of Militia, at Pendennis Castle, on the 18th of August, 1813, between 
 the hours of one and thi'ee o'clock in the afternoon, and there attacking 
 Lieutenant Notley, of the 1st Somerset Regiment of Militia, his supe- 
 rior Officer, he. Lieutenant Notley, being on duty as orderly Officer of 
 the day (whilst in the act of reading a newspaper) in a most violent and 
 abusive manner, repeatedly striking him with a horsewhip, and continu- 
 ing to do so, until Lieutenant Notley was compelled to retire from the 
 Officers' mess-room, being followed from thence by Lieutenant Hughes, 
 who repeated the blows on the steps at the door of the mess-room, in the 
 presence of several soldiers of the 1st Somerset Regiment, such con- 
 duct being highly subversive of good order and military discipline, and in 
 breach of the Articles of War.' 
 
 Upon which charge the Court came to the following decision: 
 
 The Court, having maturely weighed and considered the evi- 
 dence, adduced in support of the charge against the prisoner. 
 Lieutenant William Hughes, of the 1st Somerset Regiment of 
 Militia, together with what has been adduced in his defence, is 
 of opinion that he is Guilty of the first part of the charge 
 preferred against him, viz. ' of having horsewhipped Lieutenant 
 Notley, his superior Officer, in the Officers' mess-room of the 
 1st Somerset Regiment, at Pendennis Castle, on the 18th of Au- 
 gust, 1813, in breach of the Articles of War.' 
 
 The Court acquit the prisoner of the second part of the 
 charge, viz. ' of striking Lieutenant Notley, on the steps of the 
 Officers' mess-room, in the presence of several soldiers of the 
 1st Somerset Regiment,' the same not having been proved. 
 
 On due consideration of the whole matter as brought before 
 them, the Court do adjudge that the prisoner. Lieutenant Wil- 
 liam Hughes, be dismissed from His Majesty's Somerset Regi- 
 ment of Militia. 
 
 The Prince Regent, in the name and on the behalf of His Ma- 
 
 oo2 
 
564 R, liebertson. 
 
 jesty, has been pleased to approve and confirm the findhig and 
 Sentence of the Court ; and His Royal Highness the Commander 
 in Chief is pleased to direct, that the foregoing charge pre- 
 ferred against Lieutenant William Hughes, of the 1st Somerset 
 Regiment of Militia, together with the finding and Sentence of 
 the Court, shall be read at the Viead of every corps, and entered 
 in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT ROBERT ROBERTSON.— 1813. 
 
 G. O. Adjutant General's Office, Saint Fk, 14 Nov. 1813. 
 
 At a General Court Martial, held by virtue of a warrant, and 
 in pursuance of an order from His Excellency Field Marshal 
 the Marquis of Wellington, K.G. Commander of the Forces, &c. 
 &c. &c., at Zangaramurdie, on the 2d day of November, whereof 
 Major General Brisbane was President, and Captain Anderson, 
 of the 45th Regiment, acting Deputy Judge Advocate, Lieutenant 
 Robert Robertson, of the 74th Regiment, was arraigned upon the 
 following charges, viz. 
 
 1st. 'For disobedience of orders, and neglect of duty, in not answer- 
 ing official letters, when in command of a detachment of the 74th Regi- 
 ment, at Belem, whereby the particular sei-vice of the regiment on which 
 he was sent was neglected. 
 
 2d. ' For writing an improper letter to Adjutant White, wherein he 
 acknowledges having neglected his duty, because he found it unpleasant. 
 
 3d. ' For disobedience of orders, and neglect of duty, in not giving 
 any account of money drawn by him, for regimental piuposes, between 
 the month of December, 1812, and the 24th of March, 1813, although 
 frequently called upon to do so. 
 
 . 4th. ' For disobedience of orders, and ungentlemanlike conduct, in 
 not paying the sum of Eleven Pounds Ten Shillings, to Mr. Vernon, 
 merchant, in London, being the balance of an account for regimental 
 appointments received by him, in the year 1806 or 1807, although fre- 
 quently called upon to do so. 
 
 5th. 'For disobedience of orders, by, remaining at Lisbon, without 
 leave, for some months, and not joining his regiment until the 1 6th day 
 of October, although relieved by Lieutenant Ansell some time between 
 the 20th of May and the 1st June last. 
 
 6th. ' For highly ungentlemanlike conduct, in having misapphed, or 
 neglected giving an account of the sum of One Hundred and Sixty-five 
 Spanish Dollars, received by him, on account of the effects of the late 
 
R. Robertson. jQj 
 
 Assistant Surgeon King, 74th Regiment, although at different times 
 called upon to do so, by the acting Major of the regiment. 
 
 7th. ' For having, while in the command of a detachment, at Belem, 
 by his general neglect of duty, caused the greatest inconvenience with 
 regard to the clothing and equipment of the regiment, as well as the 
 payment of the detachment under his command : the whole of the above 
 conduct being highly injurious to the service, and subversive of good or- 
 der and military discipline.^ 
 
 The Court, having maturely weighed and considered the evi- 
 dence produced in support of the diiFerent charges exhibited 
 against the prisoner, as well as what he has ofFaed in his defence, 
 is of opinion as follows : 
 
 With respect to the first charge, that he, the prisoner, Lieute- 
 nant Robertson, 74th Regiment, is Guilty. 
 
 With respect to the 2d charge, that he, the prisoner, Lieute- 
 nant Robertson, 74th Regiment, is Guilty. 
 
 With respect to the 3d charge, that he, the prisoner. Lieute- 
 nant Robertson, 74th Regiment, is Not Guilty. 
 
 With respect to the 4th charge, that he, the prisoner, Lieute- 
 nant Robertson, 74th Regiment, is Not Guilty, there not appear- 
 ing to the Court sufficient evidence to establish the fact of the 
 balance mentioned in the charge being due to Mr. Vemcm. 
 
 With respect to the 5th charge, that he, the prisoner, Lieute- 
 nant Robertson, 74th Regiment, is, in part. Guilty, in as much 
 as he did not use his utmost endeavours to join his regiment, 
 when relieved at Belem, by Lieutenant Ansell, between the 20th 
 May and 1st June. 
 
 With respect to the 6th charge, that he, the prisoner. Lieute- 
 nant Robertson, 74th Regiment, is Not Guilty. 
 
 With respect to the 7th charge, that he, the prisoner. Lieute- 
 nant Robertson, 74th Regiment, is Not Guilty, and the Court is 
 further of opinion, that in the above charge, of which the prisoner 
 has been found guilty, his conduct has been injurious to the ser- 
 vice, and subversive of good order and military discipline. 
 
 The Court, having thus found the prisoner guilty of the whole 
 of the ] St charge, the whole of the 2d charge, and a part of the 
 5th charge, in breach of the Articles of War, does, therefore, 
 sentence him, the prisoner. Lieutenant Robertson, 74th Regi- 
 ment, to be suspended from rank and pay, for the space of three 
 months, and to be publicly and severely reprimanded. 
 
^66 T. Hume. 
 
 The Court is induced to award this lenient sentence, in conse- 
 (juence of the high character the prisoner has received from the 
 Field Officers of his regiment. 
 
 Which opinion and sentence have been confirnted by His Ex- 
 cellency the Commander of the Forces. 
 
 The Commander of the Forces cannot sufficiently express his 
 disapprobation of the conduct of Lieutenant Robertson. The 
 duties required from the junior ranks of the Officers in the army, 
 hovs^ever easy of execution, are highly important to the vyelfare of 
 the soldier, and are essential to the public interests, and they 
 cannot be neglected without injury to both. 
 
 The Commander of the Forces trusts, that what has happened 
 to Lieutenant Robertson will be a warning to others to conside* 
 fheir professional duty their first object, and not to allow any 
 idle pursuit to induce them to stay away from their regiment and 
 neglect their, duty. 
 
 Lieutenant Robertson is hereby reprimanded. 
 
 The suspension of Lieutenant Robertson, from rank and pay, 
 is to take place from this day. 
 
 N. 6. Captain Robertson is now upon the Half-pay of the 74th. 
 Regiment. — Editor. 
 
 DOCTOR THOMAS HUME.— 1813. 
 
 Horse Gmrdsy 16 Nov. 1813. 
 
 At a General Court Martial, held at Plymouth Dock, on the 
 igith July, 1813, and continued by adjournments to the 17th Au- 
 gust following, Doctor Thomas Hume, Physician to the Forces, 
 was arraigned upoa the undermentioned charges, viz. 
 
 1st. ' For highly insubordinate condjict, in not having reported to, and 
 communicated with, Mr. Gunning, Deputy Inspector of Hospitals, his 
 superior Officer, relative to the admission into the general hospital, at 
 Plymouth, of certain sick and wounded Officers, viz. Brevet Major Lang- 
 lands,, of the 74th Regiment, the late Lieutenant Holburn,. of the 38th 
 Regiment, and Hospital Mate Law, on, or about, the 8th of December, 
 1812. 
 
 2d. ' For wiMully and injuriously making a fadse representation of the 
 cases of Brevet Major Langlands, the late Lieutenant Holburn, and Hos- 
 pital Mate Law, and of the treatment they received, upon their arriving 
 <3ff Plymouth, until the time of the death of the late Lieutenant Holburn, 
 
T. Hume. 667 
 
 i-n several letters and GOttversations, between the first day of December, 
 1812, and the 18th day of March, 1813, thereby falsely insinuating that 
 the said Officers suffered disappointment, inconvenience, and injury to 
 their health, by the inattention of Mr. Gunning, Deputy Inspector of 
 Hospitais, and by the refusal of Mr. Gunning to admit them into the 
 general hospital, at Plymouth, to the great injury and prejudice of Mr. 
 Gunning. 
 
 3d. ' For falsely asserting, in a letter addressed to Lieutenant Colonel 
 Williamson, of the date of the 10th December, 1812, that he had at- 
 tended the late Lieutenant Plolburn, twice on the day of his death, 
 vifhereas, in fact, he had only called once, and had not seen Lieutenant 
 Holburn on that day. 
 
 4th. ' For having written and transmitted to Mrs. Mary Gordon, a 
 paper bearing date the 25 th December, 1812, proposed by him as the 
 draft of her reply to Mr. Gunning, and containing a mis-statement both 
 as to the time of Lieutenant Holburn's death, and the medical attend- 
 ance previous thereto. All such conduct being disgraceful to his cha- 
 racter and situation, and to the prejudice of good order and mihtary 
 discipline.' 
 
 Upon which charges the Court came to the following cfecision : 
 
 The Court, after the most attentive and matui'c consiielei*4tion 
 of the evidence in support of the prosecution, and what the pri- 
 soner, Doctor Thomas Hume, has offered in his defence, is of 
 opinion that he. Doctor Thomas Hume, is Not Guilty of the 
 three first charges exhibited against him, and doth, therefore, 
 acquit him of the same. 
 
 With respect to the fourth charge, the Court is of opinion that 
 the mis-statement therein, as to the time of Lieutenant Holburn's 
 death, is evident, but there appears to be no criminality attached 
 to the said mis-statement. The Court is likewise of opinion' that 
 the prisoner. Doctor Thoma« Hume, is Not Guilty of the latter 
 part of the charge, in regard to medical attendance, and conse- 
 quently acquit him of the charge altogether. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges preferred against Doe- 
 tor Thomas Hume, the finding and Sentence of the Court, and 
 the Prince Regent's approval thereof, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
$68 R. Gilmour. 
 
 N. B. Doctor Hume is now upon the Half-pay as Physician.-^ 
 
 Editor, 
 
 CAPTAIN ROBERT GILMOUR.— 1813. 
 
 Horse Guards, 8 Dec. 1813. 
 
 At a General Court Martial, held at Basseterre, Guadaloupe, 
 on the 12th July, 1813, and continued by adjournments to the 
 20th of the same month, Captain Robert Gilmour, of the 1st 
 West India Regiment, was arraigned upon the undermentioned 
 charge, viz. , 
 
 " Misapplying, or appropriating to his own private use, public money 
 entrusted to his charge, for the use of the men of the company under his 
 command, in His Msyesty's 1st West India Regiment, between the 
 months of June, 1811, and June, 1813, in the following instances. 
 
 1st. ' Withholding from Quarter Master George Douglas, 1st West 
 Indi^ Regiment, the sum of Fifty-one Pounds, sterling, or thereabouts, 
 due for articles of necessaries furnished to Captain Robert Gilmour, for 
 the use of the men of the company under his command, the price of such 
 necessaries having been stopped and retained from the men of the com- 
 pany, by him. Captain Robert Gilmour, and the money applied to his 
 own private purposes. 
 
 2d. ' Withholding from Lieutenant Angus Macdonald, 1st West India 
 Regiment, the sum of Thirty-seven Pounds, sterling, or thereabouts, 
 being the price of articles of necessaries, purchased for the men of Cap- 
 tain Robert Gilmour' s company, by Lieutenant Angus Macdonald, when 
 serving as a Lieutenant in that company, in the Island of Trinidad, in 
 the year 1811, the price of such necessaries having been stopped and re- 
 tained from the men, by him. Captain Robert Gilmour, and the money 
 applied to his own private purposes. 
 
 3d. ■ Withholding from Edward Jones, inhabitant of Point a Petre, 
 the sum of Sixty-two Dollars, or thereabouts, being the amount of vege- 
 tables furnished to the men of Captain Robert GUmour's company, the 
 price of which has been stopped from the men, by him. Captain Robert 
 Gilmour, and the money apphed to his own private purposes. 
 
 4th. ^ Withholding from Madame de Demay, inhabitant of Point a 
 Petre, the sum of Seven Pounds, sterling, or thereabouts, being the 
 amount of articles of soldiers' necessaiies, furnished to the men ot Cap- 
 tain Robert Gilmour' s company, the price of which has been stopped and 
 retained from the men, by him. Captain Robert Gilmour, and the money 
 appUed to his own private purposes. 
 
 5th. ' Withholding fi-om Jane Chopping, a woman of colour, the sum 
 of Seven Pounds, sterUng, or thereabouts, being the amount of articles of 
 soldiers' necessaries, furnished for the use of the men of Captain Robert 
 Gilmour's company, the price of which has been stopped and retained by 
 him. Captain Robert Gilmour, from the men of his company, and the 
 pioney applied to his own private purposes. 
 
R. Gilmour. 569 
 
 6th. ' Withholding from Susannah Nibhs, a black woman, the sum of 
 Seven Pounds, sterling, or thereabouts, being the amount due for washing 
 for the men, for Captain Robert Gilmour' s company, which sum has been 
 stopped from the men of that company, by him. Captain Robert Gilmour, 
 and the money applied to his own private purposes.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having most maturely and deliberately weighed and 
 considered the evidence brought forward in support of the prose"- 
 cution, as well as what the prisoner has adduced in his defence, 
 are of opinion as follows, viz. 
 
 With respect to the first, second, third, fourth, and sixth in- 
 stances of the charge, the Court are of opinion that the prisoner 
 is Guilty to the full extent of these parts of the charge exhibited 
 against him. 
 
 With respect to the fifth instance, the Court are prevented 
 from taking it into their consideration, in consequence of the pro- 
 secutor's declining to bring forward any evidence to substantiate 
 that part of the charge, for the reason assigned by him on the face 
 of the proceedings. 
 
 The Court, having thus found the prisoner Guilty of the first, 
 second, third, fourth, and sixth instances of the charge exhibited 
 against him, by his Commanding Officer, Major Maillard Clifton, 
 and which being a breach of the Articles of War, they do, by 
 virtue thereof, sentence him. Captain Robert Gilmour, of the 1st 
 West India Regiment, to be dismissed from His Majesty's service, 
 and they do further adjudge, that he shall make good out of his 
 arrears of pay, or any other public money that may be due to 
 him, the sum which it appears to the Court he has received on a 
 public account, amounting to One Hundred and Eleven Pounds, 
 Twelve Shillings, and Three Halfpence, sterling, or thereabouts, 
 ■which money still remains due to the following individuals, viz. 
 
 To Quarter Master G. Douglas, 1st West India Regiment 
 To Lieutenant Angus Macdonald, 1st West India Regiment 
 To Edward Jones, an inhabitant of Point a Petre - - - 
 To Madame de Demay, an inhabitant of Point a Petre - 
 To Susannah Nibbs, a black woman, belonging to the 1st 
 
 West India Regiment --.- _..-- 700 
 
 £111 12 IJ 
 
 £ 
 
 s. 
 
 d. 
 
 51 
 
 9 
 
 
 
 37 
 
 
 
 
 
 8 
 
 13 
 
 H 
 
 7 
 
 9 
 
 4 
 
570, W. Yates. ' 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and the Commander in Chief directs that 
 the foregoing charge, preferred against Captain Robert Gilmour, 
 of the 1st West India Regiment, together with the finding and 
 Sentence of the Court, shail be read at the head of every corps, 
 and entered in the generd order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. G^n. 
 
 ENSIGN WILLIAM YATES.— 1813. 
 
 Horse Guards, 10 Dee. 1813. 
 
 At a General Court Martial, held at St. Ann's Barracks,. Bar- 
 badoes, on the Qth August, 1813, and continued by adjournments 
 to the I6tb of the same month, Ensign William Yates, of the 
 8th West India Regiment, was arraigned upon the undermen- 
 tioned charges, viz. 
 
 1st. ' For having" falsely certified, on die 24th day of May last, on the 
 balance sheet of the 5 th Company, 8th West India Regiment, that all 
 persons who have supplied articles for the aforesaid company, for Which 
 soldiers are feble to be charged, have been settled' vHth by him ; when; 
 oni the contrary,, he stood indebted;,, on, or about, that period, to the 
 imdemamed persons-, on account of the aforesaid company, viz. 
 
 " To Mr. Gaskin, a merchant of Bridge Town, in the sum of £24 
 sterling, or thereabouts. 
 
 " To Seijjeant Smith, 8th West India Regiment, twenty-nine dollars, 
 or thereabouts, on account of^arrears of pay, and for the washing of the 
 company. 
 
 " To Serjeant Boaters, 8th West India Regiment, three Joes> for the 
 washimg of the compaany, for which he. Ensign Yates, passed a Good to 
 Seijeant Boaters, 8th West India Regiment, dated the 2d day of May 
 last, and payable on the 24th following, or sooner, if convenient, which 
 several sums remain to this day unsettfed' ; conduct most disgracefiit 
 imbecoming the character of an Officer and a Gentleman, subversive of 
 good order andmihtary discipline, and in breach of the Articles of War." 
 
 2d. ' For conduct unbecoming the character of an Officer and a Gen-" 
 tleman, during the months of June and July, 1813, in embezzling or 
 misapplying the sum of .£15 : 16i. sterling, the property of the 5th Com- 
 pany 8th West India Regiment, entrusted to his charge, and which 
 amount remains- to tbe present date unpaid, in breach of the Articles of 
 War. 
 
 3d. "- For having, in the month of June last, handed over an order 
 from Lieutenant Anderson, to Paymaster Christie, for the aforesaid ba- 
 
]'V. Yatei. 571 
 
 lanc6 of ^15 : 16*. sterling, which order he, Ensign Yates, did indorsey 
 although the said order had heen previously accepted and paid, for the 
 said Ensign Yates, and having shortly afterwards endeavoured again to 
 deceive Lieutenant Grose, by giving him an order on the paymaster for 
 his whole month's pay, payable on the 24th of the aforesaid month, not- 
 withstanding the said Ensign Yates had previously received the greatei 
 part of that month's subsistence ; such transactions being most disgrace- 
 mi in themselves, subversive of good oi'der and military discipEne, and 
 in breach of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence, pi'oduced by Lieutenant Colonel Alen, the prosecutor, 
 against the prisoner, EnsigB William Yates, 8th West India Re- 
 giment, as well as what the prisoner has proved and alleged in 
 his defence on the several charges preferred against him, is o£ 
 opinion as follows : 
 
 As to the first charge, the Court is of opinion, that at the same 
 time the prisoner signed the certificate on the balance sheet of 
 the 5tlii Company, 8th West India Regiment, that all persons wha 
 had supplied articles for that company, and for which soldiers 
 were liable to be charged, had been settled with by him, viz. ' om 
 the 24th May, 1813, there was due from him, ok account of the 
 said company, to Mr. Gaskins, a merchant in Bridge Town, the 
 sum of c£3(D ; lOs. 3^d. Bafbadoes currency, equal to of 24 ster- 
 ling, or thereabouts ; and to Serjeant Smith, late of the 8th West 
 India Regiment, (now a private in the Twenty-fifth,) the sum of 
 ly dollars, for die washing of the 5th Company, and one dollar 
 for the arrears of his pay : and that the sum of three Joes was 
 also, at that time, due from the prisoner to Serjeant Boaters, of 
 the 8th West India Regiment,, for the washing of the iOth. Com- 
 pany at Guadeloupe, and whilst the prisoner had charge of that 
 company, although tliis sum of three Joes is stated in the first 
 charge ais due on account of the 5th Company. The Court, 
 tlierefore, finds th® prisoner Guilty of having falsely certified, oa 
 the 24th of May last, in the manner stated in this charge, except 
 that the money due to Serjeant Smith was 20, instead of 2© dol- 
 lars, and that the debt of three Joes to Serjeant Boaters, was in-i 
 curredi by the prisoner on account of the 10th, and not of the 5th 
 Company.' 
 
 As to tlie second charge, the Court is of opinion that the pri- 
 
573 W. Yates. 
 
 soner is proved to have misapplied, during the months of June 
 and July, 1813, the sum of <£l5 : l6s. sterling, the property of 
 the 5th Company, 8th West India Regiment, which was entrusted 
 to his charge, and that the same remains unpaid, and dotb, there- 
 fore, find him Guilty thereof accordingly. 
 
 As to the third charge, it appears that Lieutenant Anderson's 
 order on Paymaster Christie was for <£l 1 : 17s. Oid. sterling, and 
 not for c£l5 : \6s. as specifically stated in this charge, and it is 
 not proved that Ensign Yates did endeavour to deceive Lieute- 
 nant Grose, by giving him the order for his month's pay ; the 
 Court, therefore, finds the prisoner Not Guilty of this charge, but 
 at the same time, the Court cannot but highly censure and con- 
 demn the conduct of any Officer who shall offer in payment any 
 order which he has reason to suppose would not be honoured. 
 
 The Court having thus delivered its opinion, and having found 
 the prisoner Guilty of signing a false certificate, and of misapply- 
 ing the money of his company, in breach of the Articles of War, 
 doth sentence and adjudge, that he, the prisoner. Ensign Yates, 
 8th West India Regiment, _be dismissed His Majesty service, and 
 that he do also forfeit his arrears of pay, or so much thereof as 
 will be sufficient to satisfy the sum of £\5 : l6s. sterling, due 
 from him to the 5th Company; and also his debt of 19 dollars to 
 Seijeant Smith, the one dollar due to him for the arrears of pay 
 having been, according to his own evidence, since credited to 
 him ; and likewise the three Joes due to Serjeant Boaters, which 
 although not contracted expressly for the 5th, but for the 10th 
 Company, is a regimental debt due from the prisoner, and ought, 
 therefore, to be discharged by him. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the charges preferred against Ensign William 
 Yates, together with the finding and Sentence of the Court, and 
 the Prince Regent's pleasure thereon, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of H.R.H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 573 ) 
 
 CAPTAIN PES HALL.— 1813. 
 
 ^ O. Hgygg Guards, 13 Dec. 1813. 
 
 MY LORD, 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held at Ariscum, in Spain, on the 
 30th of August, 1813, and continued by adjournments to the 
 1 3th September following, for the trial of Captain Peshall, of the 
 88th Regiment, who was arraigned upon the undermentioned 
 charge, viz. 
 
 ' For being absent from his regiment, without leave, from the 24th 
 June, 1813, (the day upon tvhich his suspension by the sentence of a 
 General Court Martial terminated,) until the 28th of the following July, 
 during the whole of which period his corps was employed on most 
 arduous and active service in the presence of the enemy, this latter cir- 
 cumstance, of which Captain Peshall could not have been ignorant at the 
 time, and the probability of which he must have known before the ter- 
 mination of his suspension, rendering his absence, without leave, at such 
 a period, doubly culpable, and, coupled with his conduct on some former 
 occasions, raising, at least, a suspicion that it was intentional.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having most maturely weighed and considered' the 
 evidence produced on the part of the prosecution, as well as what 
 the prisoner has offered in his defence, is of opinion that he, the 
 prisoner, Captain Peshall, 88th Regiment, is Guilty of the charge 
 exhibited against him, in breach of the Articles of War, and the 
 Court does, by virtue of the said Articles, sentence him, the pri- 
 soner, Captain Peshall, 88th Regiment, to be dismissed from His 
 Majesty's service. 
 
 I am to acquaint your Lordship that His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove so much of the finding of the Court as relates to the pri- 
 soner's absence from the 24th June, to the 28th July, 1813, and 
 to confirm the sentence. 
 
 I am further to acquaint you, that the Prince' Regent considered 
 that the latter part of the charge ought not to have been the sub- 
 ject of investigation before the Csurt, as well from the vagueness 
 of its wording, as from its forming a most serious and distinct 
 subject of accusation in itself, but His Royal Highness at the 
 same time remarked, that although the conduct of the prosecutor 
 
574 G. Scott arid J.Smyth. 
 
 and the Court appear to have been irregular, the one in preferring 
 an accusation' so indirectly framed, and the other in receiving it, 
 yet that the circumstances detailed in evidence were of a nature 
 to preclude the favourable consideration which might possibly be 
 given to the case of Captain Peshall under a charge of absence 
 from his regiment alone : His Royal Highness could not fail, 
 therefore, to confirm the sentence of dismissal, but was graciously 
 pleased to command that, under all the circumstances of the case, 
 the prisoner should be allowed to retire from the service with the 
 value of the commission he purchased, which appears to be his 
 lieutenancy. 
 
 I am, my Lord, your's, 
 
 (Signed) FREDERICK, Commander in Chief. 
 Field Marshal t/ie Marquis of Wellington, K.G. SfC. SfC. Sj-c. 
 
 LIEUTENANTS GEORGE SCOTT and JAMES 
 SMYTH.— 1813. 
 
 Horse Guards, 14 Dec. 1813. 
 
 At a General Court Martial, held at Kingston Barracks, Ja- 
 maica, on the 29th June, 1813, and continued by adjournments 
 to the 3d July following. Lieutenants George Scott and James 
 Smyth, of the 5th West India Regiment, were arraigned upon the 
 undermentioned charges, viz. 
 
 " For most ungentlemanly and unofficerlike conduct, on the evening of 
 the 14th and 15fli inst. particularly in the following instances : 
 
 1st. ' For throwing bricks and stones into the windows of Ensign 
 Gay's quarters, by one of which he was struck in the act of closing his 
 shutters. 
 
 - 2d. ' For forcibly breaking open the door of Ensign Gay's quarters, 
 both Lieutenant Scott and Lieutenant Smyth, collaring him, he Lieu- 
 tenant Scott most violently shaking his fist in Ensign Gay's face, both 
 Using most gross and ungentlemanly language. 
 
 3d. ' For breaking and destroying, and taking away several things 
 from his. Ensign Gay's room, tearing his sheets and pillow cases on his 
 bed, some of which articles were returned the follovring day from Lieut. 
 Scott's quarters. The whole of said conduct being highly aggravated on 
 the part of Lieut. Scott, by his beiitg on garrison duty as acting Captain 
 of the day.' 
 
 Upon which charges the Court came to the fallowing decision ; 
 , The Court, having duly considered thq evidence brought forr 
 
J. Smyth. 319 
 
 ward on the part of the prosecution, with what the prisoners have 
 urged in their defence, is of opinion that both Lieutenants Scott 
 and SmyUi, 5th West India Regiment, are Guilty of the charge 
 exhibited against them, particularly in the first and second in- 
 stances ; and the Court do find the prisoner. Lieutenant George 
 Scott, Guilty on the third instance of Charge, viz. tearing Ensign 
 Gay's sheets and pillow cases : — the whole of such conduct on 
 the parts of Lieutenant Scott and Sinythj being in breach of the 
 S8th Article, l6th Section of the Articles of War, the Court do 
 sentence him, the said Lieutenant James Smyth, 5th West India 
 Regiment, to be cashiered. The Court do also sentence him, the 
 said Lieutenant George Scott, 5th West India Regiment, to be 
 cashiered. The Court further consider the conduct of the said 
 Lieutenant G. Scott, 5th West India Regiment, to be of that 
 nature as to lead them to consider him, the said Lieutenant G. 
 Scott, as wholly unworthy of ever serving His Majesty as a com^ 
 missioned Officer. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sejitence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Lieutenants G. Scott and J. Smyth, of the 5th West India Regi- 
 ment, shall be read at the hestd of every corps, and entered in the 
 general order book, 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 Jf. B, Vide the following for the particulars of a second Court 
 Martial held upon Lieutenant James Smyth. — Editor, 
 
 LIEUTENANT JAMES SMYTH.— 1813. 
 
 Horse Guards, 16 Dec. 1613. 
 At a General Court Martial, held at Kingston Barracks, Ja- 
 maica, onihe 11th and l6th August, 1813, and re-assembled on 
 the 25th of the same month, Lieutenant James Smyth, of the 5th 
 West India Regiment, was arraigned upon the undermentioned 
 charge, viz. 
 
576 J. Smyth. 
 
 ' For having embezzled, misapplied, or not accounted for, certain Go-^ 
 vernment stores of provisions and rum, entrusted to his charge as acting 
 Quarter Master of the 5th West India Regiment, for the use of that 
 corps, between the 20th day of September, 1812, and the 24th day of 
 June, 1813, the same having been received by him from the commissariat 
 stores for that purpose, or being the remains in store received by him on 
 taking charge of the Quarter Master's department,' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having duly weighed the evidence, is of opinion 
 that the prisoner is Guilty of the charge exhibited against him, 
 and find the following articles of provisions and rum received by 
 him, the said prisoner, and entrusted to his charge, as acting 
 Quarter Master for the use of the 5th West India Regiment, viz. 
 
 Flour — nine thousand nine hundred and one pounds, and one 
 -sixteenth. 
 
 Salt Beef — seven thousand nine hundred and three pounds and 
 ten sixteenths. 
 
 Rum — four hundred and nine gallons and seven gills deficient. 
 
 But it appearing that there was due to the acting Quarter 
 Master from the King's stores of 
 
 Pork — one thousand eight hundred and seventy-seven pounds 
 and ten sixteenths, 
 
 which pork carried to the credit of Government, and deducted 
 from the beef as above, leaves an actual deficiency in beef of 
 five thousand two hundred and seventy-five pounds and four 
 sixteenths. 
 
 No proof having been brought before the Court, that the pri- 
 soner did fraudulently misapply or embezzle this deficiency, and 
 taking into consideration the large balances frequently returned 
 as remaining in store, as also the regimental store being handed 
 over to the prisoner, without a regular survey thereof, the Court 
 sentence him, the said Lieutenant Joseph Smyth, 5th West India 
 Regiment, to be cashiered, and to be imprisoned until the amount 
 of the deficiency be made good to Government. And it also ap- 
 pearing to the Court, that actual loss did take place on flour 
 issued for the use of the 5th West India Regiment in its removal 
 from the Commissary's to the Quarter- Master's store at Fort 
 Augusta, previous to its issue, the Court recommend that a credit 
 should be given to Lieutenant Smyth for such unavoidable waste 
 
J. Smyth. 577 
 
 on the article of flour, which the Court averages at ten pounds 
 each barrel of old flour, and five pounds upon each barrel of 
 new or fresh flour, which have been issued between the 31st De- 
 cember, 1812, and 24th June, 1813, amounting in the total to 
 three thousand and five pounds of flour, which, if deducted, 
 leaves the actual deficiency of flour to be 
 
 Flour — six thousand eight hundred and ninety-six pounds and 
 one sixteenth. 
 
 25 Aug. 1813. 
 The Court having re-assembled in pursuance of general orders, 
 dated 23d August, 1813, the following Letter from the Comman- 
 der of the Forces was submitted to the consideration of the 
 Court : members present as before. 
 
 " Head Quarters, Kingston, Jvg. 22, 1813. 
 
 " I have directed the General Court Martial, of which 
 you are president, to re-assemble for the purpose of re-consider- 
 ing their sentence. 
 
 " As the Court have thought proper to sentence the prisoner 
 to be cashiered, the latter part, ' imprisonment,' will not be in 
 my power to carry into execution until the pleasure of His Royal 
 Highness the Prince Regent shall have been obtained, and with 
 regard to the sentence of ' imprisonment,' it will be necessary to 
 give a definite period to its extent. 
 
 I have the honour to be, &c. 
 (Signed) " F. FULLER, 
 
 " Lieut. Gen. Commander of the Forces." 
 " To Major General O'Meara, Sj-c. Sfc. Sf-c." 
 
 The Court having duly considered the subject of the letter 
 from the Commander of the Forces, addressed to the president, 
 is of the same opiiiion as before stated, respecting the deficiencies 
 found to exist in Lieutenant James Smyth's provision and rum 
 account with the King's stores, on account of the 5th West India 
 Regiment. The Court, under all considerations, adhere to that 
 part of their former sentence, viz. ' that he, the said Lieutenant 
 James Smyth, Sth West India Regiment, be cashiered.' But 
 in consequeijoe of the difficulty of carrying the latter part of the 
 
 p p 
 
578 JV. P. Claji. 
 
 former sentence into execution, as represented in the Commander 
 of the Force's letter ; the Court, upon full and mature delibera- 
 tion, withdraw from their present sentence the imprisonment be- 
 fore awarded to Lieutenant James Smyth. 
 
 The Prince Regent, in the name and on the behalf of His Ma- 
 jesty, has been pleased to approve and confirm the finding and 
 Sentence of the Court, and His Royal Highness the Commander 
 in Chief is pleased to direct, that the foregoing charge preferred 
 agaiust Lieutenant James Smyth, of the 5th West India Regiment, 
 together with the finding and Sentence of the Court, shall be 
 read at the head of every corps, and entered in the general order 
 
 book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 MAJOR GENERAL W. P. CLAY.— 1813. 
 
 Horse Guards, 24 Dec. 1813. 
 
 At a General Court Martial, held at St. Ann's Barracks, Bar- 
 badoes, on the 17th June, 1813, and continued by adjournments 
 to the 19th July following, Major General Waldegrave Pelham 
 Clay, was arraigned upon the undermentioned charges, preferred 
 against him by Captain George Pilkington, of the Royal Engi- 
 neers, viz. 
 
 1st. ' For appropriating to his private emolument, the labour of a 
 gang of negroes, that was sent by Captain Pilkington to clear away the 
 brush-wood, and clean the Fort at Dow's Hill, by superintending and 
 directing them to plough up the area of that work, for guinea grass, and 
 garden beds, by which he caused, and silently received an erroneous re- 
 tiu-n from the said Captain Pilkington, disobeyed His Majesty's orders 
 of 1st September, 1778, of 7th Septembej', 1791, and made a breach of 
 the Articles of War, and which he told the said Captain Pilkington, (in 
 a private interview on service) was an infamous falsehood. 
 
 2d. ' For addressing an official note to Captain Pilkington, dated 20th 
 December, 1811, which required him to employ negroes on Ordnance 
 incidental services, to ornament the entrance to the Fort at Dow's Hill, 
 and to his quarters, which said official note he reported to the prejudice 
 of Captain Pilkington, was a private one, or to that effect, when he re- 
 ceived Captain Pilkington's official objection to it, by which note, as 
 official, he disobeyed His Majesty's orders of 7th September, 1791, and 
 the general orders of the army, and by his groundless assertion to the 
 prejudice of Captain Pilkington, acted as specified in the 28th article 
 1 6th section of the Articles of War. 
 
W. p. Claif. 579 
 
 3d. ' For causing the Ordnance workmen to manufactm-e into dif- 
 ferent articles, the iron from His Majesty's Ordnance stores, about the 
 26th, 27th, and 28th days of November, 1811, to which there was no 
 objection made, and which Ordnance workmen were returned to him as 
 employed on board His Majesty's ship. Swaggerer, and as having re- 
 ceived rations from the public, during the time specified in the weekly 
 return, and on the 24th day of December, 1811, the former of which 
 returns he silently received, and the latter he pointedly approved of, by 
 which he acted in disobedience of His Majesty's orders of 7th Septem- 
 ber, 1791, and in breach of the 1st article, 13th section, and other Ar- 
 ticles of War. 
 
 4th. ' For disapproving in the most serious manner, by a report to 
 the Commander of the Forces, and otherwise after the General Muster 
 of Department Negroes, on the 24th December, 1811, of the issue of 
 rations to boys in the Royal Engineer Department, on the pretext of 
 their being too young, or children, and at the same time approving of 
 the issue of rations to boys of the Ordnance Department, of the same, 
 or nearly the same age and appearance, as the younger of the said boys 
 in the Royal Engineer Department; and for continuing the said sanc- 
 tion of the issue of rations, notwithstanding Captain Pilkington pointed 
 out the names of the said younger boys, on the Ordnance Muster Roll, 
 when he was remonstrating against the partial censure of his department, 
 which remonstrance caused the Major General to muster in the Ord- 
 nance yard, the same younger boys again, and he continued to approve 
 of them, such conduct being subversive of discipline, and in breach of 
 the Articles of War. 
 
 5 th. ' For inducing the Commander of the Forces to order a house to 
 be built, at the expense of the public, for his servants, by reporting 
 that he had not sufficient accommodation for them, which increase of 
 accommodation he did not want for the purpose specified in the said re- 
 port, but as a quarter for his Aide-de-Camp, as he, before it was built, 
 expressed : — For appropriating the said building to the use of his Aide- 
 de-Camp, invariably in whose name, and to whose receipt he sanctioned 
 the issue of lodging-money, in the. usual manner it is obtained for the 
 hire of lodging, when a King's quarter cannot be furnished, in order to 
 obtain that allowance for himself, which he actually did obtain instead 
 of his Aide-de-Camp, and appropriate to his private use. — For approving 
 of, or making a false muster of his Aide-de-Camp, for a period he, (the 
 Aide-de-Camp) was absent from Antigua, which period is included in 
 the musterly vouchers from the 25 th October, 1811, to the 24th Ja- 
 nuary, 1812, in order to obtain the lodging-money issued for that same 
 period, to the said Aida-de-Camp, as if he was actually eft'ective : — And 
 for having asserted a falsehood to the prejudice of His Excellency Sir 
 George Beckwith, K. B. Commander of the Forces, &c. &c. &c. and 
 also prejudicial to the high situation he holds, in having said that he had 
 His Excellency's sanction for the act he committed, as specified in the 
 second count of this charge, or to that effect ; such conduct being not 
 only a breach of the 3d ai'ticle 4th section, 1st article 13th section, 28th 
 article 1 6th section, and other Articles of War, but of the King's regu- 
 lations, and the general orders of this army. 
 
 F P 'i 
 
S80 W. P. Clay. 
 
 6th. ' For receiving a certificate from the respective Officejs of His 
 Majesty's Ordnance in this Island, about the middle of September, 1812, 
 that the sum of ^120 currency, which he owed their department since 
 the 28th March, 1812, was regularly credited to the Board of Ordnance, 
 and instead of immediately giving up the said money, as they the said 
 respective Officers certified, he sent Mr. Lamb, who was not concerned 
 in the transaction, a note of hand for the amount, contrary to their ex- 
 pectations, and has not at this day, 12th November, taken up that said 
 note of hand, dated 28th September, 1 8 1 2, for want of which. Ordnance 
 accounts were in areear for June quarter, when Mr. Lamb, by drawing 
 additional bills on the Honourable Board, had paid off September quar- 
 ter, by which he has acted as specified in the 28th article 16th section, 
 and 1st article 13th section, and other Articles of War. 
 
 7th. ' For neglect of duty in jpot giving effectual orders, (as directed 
 and commanded by His Majesty's order of the 1st September, 1778, 
 which Captain Pilkington. laid before him, on the 23d November, 1812) 
 to prevent beasts, or cattle, grazing on the works, being in breach of the 
 Articles of War. 
 
 6th. ' For tyranny and oppression, and subversion of military disci- 
 pline, in placing Captain Pilkington in close aixest, on the 1 1th IJecem- 
 ber, 1812, because his horse was apprehended glazing in the Fort at 
 Dow's Hill, and pounded, in pursuance of the department orders, given 
 by the said Captain Pilkington, on the receipt of the order from the 
 Honourable Board of Ordnance, dated 24th August, 1812, which re- 
 quired him to strictly enforce 'the King's orders of 1st September, 
 1778, which orders also directed, and commanded him. Captain Pilking- 
 ton, as well as the Major General, riot to presume to permit any beasts, 
 or cattle to graze, or feed on the works, and to give effectual orders for 
 preventing the same, both of which orders Captain Pilkington laid be- 
 fore him, (the Major General) on the 23d November, 1812, and be- 
 cause Captain Pilkington confined his, the Major General's servant, for 
 insolence aiid disrespect, which be (Captain Pilkington) was obliged to 
 do by the Articles of War ; also for illegally imprisoning Captain Pil- 
 kington, witliout giving a crime signed by himself, to the guard he 
 placed him in charge of, by which he has acted in defiance of the said 
 orders, of 1st September, 1778, and in breach of the Articles of War.' 
 
 Upon which charges the Court canie to the following decision : 
 The Court, after mature examination and consideration of the 
 evidence and allegations on both sides, came to the following 
 sentence and opinion, on the eight charges preferred by Captain 
 George Pilkington, (Royal Engineers) against Major General 
 Waldegrave Pelham Clay. 
 
 As to the first charge, with respect to so much of this charge 
 as relates to ' Major General Clay's appropriating to his private 
 emolument, the labour of a gang of negroes, that was sent by 
 Captain Pilkington to clear away the brush-wood, and clean the. 
 
M^. P. Clay. 581 
 
 Fort at Dow's Hill ; and his superintending, and directing them 
 to plough up the area of that work, for guinea grass, and gar- 
 den beds ; and his causing, and silently receiving an erroneous 
 return from the said Captain Pilkington, in disobedience of His 
 Majesty's orders, and in breach of the Articles of War,' the Court 
 is of opinion that the same has not been proved, and doth, there- 
 fore, acquit Major General Clay thereof; as to the words, ' in- 
 famous falsehood' stated in this charge, it appears to the Court 
 that they were intended to be applied, not to Captain Pilking- 
 ton himself, but merely to the report which had been made of 
 the Major General, having misapnlied the labour of the negroes 
 to his own private emolument ; the Court cannot, therefore, at- 
 tach any degree of criminality to the Major General, in using 
 this expression. 
 
 As to the second charge, the Court is of opinion that this 
 charge has not been proved, and doth, therefore, find Major 
 General Clay, Not Guilty thereof. 
 
 As to the third charge, the Court is of opinion that this charge 
 has not been proved, and doth, therefore, acquit Major General 
 Clay thereof. 
 
 As to the fourth charge, the Court is of opinion that the same 
 has not been proved, and doth, therefore, acquit Major General 
 Clay thereof. 
 
 As to the fifth charge, the Court is of opinion that the Com- 
 mander of the Forces was induced to ' order a house to be built 
 at the expense of the pubHc, for Major General Clay's servants, 
 by the Major. General's reporting that he had not sufficient ac- 
 commodation for them, and that he appropriated the said build- 
 ing for the use of his Aide-de-Camp, Lieutenant Forbes ;' and 
 the Court is also of opinion ' that the Major General did sanc- 
 tion the issue of lodging-money, in the name, and to the receipt 
 of his said Aide-de-Camp, in the usual manner that it is obtained 
 for the hire of lodging, when a King's quarter cannot be fur- 
 nished, in order to obtain that allowance for himself, and that he 
 did actually obtain it instead of his Aide-de-Camp, and appro- 
 priate to his private use,' and therefore the Court finds this part 
 of the charge proved. 
 
 The Court also finds, that ' a return was made for lodging-mo- 
 
582 JV. P. Clay. 
 
 ney for Lieutenant Forbes, the Major General's Aide-de-Camp, 
 during his absence from Antigua, and that the Major General 
 did, himself, receive the amount of such lodging-money,' but at 
 the same time, it appears to the Court that such return was not 
 made by the Major General intentionally as a false muster ; and 
 therefore the Court does not conceive that it comes under the 
 head of, or can be considered as a false muster within any of 
 the Articles of War, and doth, therefore, acquit Major General 
 Clay of this part of the charge. 
 
 The Court further finds that Major General Clay did assert, 
 ' that he had the sanction of the Commander of the Forces for 
 receiving the lodging-money for his Aide-de-Camp,' but it ap- 
 pears to the Court that he did not thereby intend to assert a false- 
 hood, but that it was said by him through misconception, and 
 not with any design to prejudice the Commander of the Forces, 
 and doth, therefore, acquit the Major General of this part of the 
 charge. 
 
 As to the sixth charge, the Court is of opinion that Major 
 General Clay is Not Guilty, and doth acquit him thereof. 
 
 As t9 the seventh charge, the Court is of opinion that Major 
 General Clay is Not Guilty, and doth acquit him thereof. 
 
 As to the eighth charge, the Court is of opinion that Major 
 General Clay is Not Guilty, and doth, therefore, acquit him 
 thereof. 
 
 The Court having thus given its opinion on these several 
 charges, doth sentence and adjudge, that Major General Clay do 
 refund to Government all the money which he has received on 
 account of lodging-money for his Aide-de-Camp, Lieutenant 
 Forbes, whilst he was stationed at Antigua ; and the Court can- 
 not but consider the Major General as extremely reprehensible, 
 for not having informed himself of his right to receive such Ipdg- 
 ing-mone}', when he might, had he thought proper, have so 
 easily procured all the necessary information on the subject ; and 
 the Court doth fiirther sentence and adjudge, that, for such 
 his neglect, he be reprimanded in such manner as to His Excel- 
 lency the Commander of the Forces shall seem meet. 
 
 The Court cannot, however, close its proceedings without 
 feeling it a duty to observe that Captain Pilkington, in bringing 
 
T. Wright. 583 
 
 forward the present charges, does not appear to have beeH wholly 
 actuated by a desire to promote the good of the service. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and to command that it shall be carried into 
 execution ; but taking into consideration the novel circumstance, 
 and evil tendency of frivolous charges being preferred against an 
 Officer holding the high rank of a Major General in His Ma- 
 jesty's service, by a subordinate Officer under his command, who, 
 in the present instance, has failed in his object, by the acquittal 
 of the prisoner in every one of the charges preferred against him, 
 except a part of the fifth, and also adverting to the observations 
 of the Court, upon the prosecutor's apparent motives in the course 
 he has pursued. His Royal Highness has been further pleased 
 to consider Captain Pilkington an improper person to remain in 
 His Majesty's army, and that his services shall accordingly be 
 dispensed with. 
 
 The Commander in Chief directs, that the charges preferred 
 against Major General Waldegrave Pelham Clay, together with 
 the finding and Sentence of the Court, and the Prince Regent's 
 pleasure thereon, shall be read at the head of every corps, and 
 entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Major General Clay is still in the army. — Captain Pil- 
 kington was dismissed the service. — Editor. 
 
 LIEUTENANT THOMAS WRIGHT.— 1814. 
 
 Horse Guards, 1 Feb. 1814. 
 
 At a General Court Martial, held at Sydney, New South 
 Wales, on the 12th November, 1812, and continued by adjourn- 
 ments to the 21st of the same month. Lieutenant Thomas Wright, 
 of the 1st Battalion 73d Regiment, was arraigned upon the un- 
 dermentioned charges, viz. 
 
 1 St ' That Lieutenant Thomas Wright, of the 1 st Battalion of the 73d 
 Regiment, on, or about, th6 9th July, 1812, at Sydney, in the territory 
 of New South Wales, was Officer of the main guard, then at Sydney 
 
584 T. Wiight. 
 
 afoi-esaid ; nevertheless, that the said Lieutenant Thomas Wright, when 
 he was so Officer of the guard as aforesaid. Was absent from his duty as 
 Officer of the said guard, on the night of the 9th day of July ; that he 
 &lso, then and there, neglected to have the standing orders of the guard 
 read ; that he also, then and there, neglected to inspect the guard relief sj 
 either when they went out to their posts, or when they returned to their 
 guard ; that he also, then and there, neglected to visit the several senti- 
 nels during any part of the day or night, when he was so Officer of the 
 guard ; that he also, then and there, neglected to send out patroles from 
 the picquet, according to orders, during the night ; and further, that he, 
 then and there, neglected to inspect either his guard or the picquet, at 
 tattoo, or at reveillfee beating, in contempt and in disobtedi'ence of the 
 general orders of the 1st November, 1804j and also in contempt and dis- 
 obedience of the regimental orders of the 21st June, and 13th November, 
 1810, and of the 3d May, and th^ 3d November, 1811. 
 
 2d. ' That the said Lifeuteharit Thomas Wright, on, or about, the said 
 night of the 9th day of July aforesaid, at Sydney aforesaid, did behave 
 in a manner unbecoming the character of an Officer and a Gentleman, 
 by then and there playing at cards, and drinliing v^ith Isaac Nichols, 
 principal superintendant of convicts at Sydney, at the lodgings of Mr. 
 Joseph Morris, master of the brig Atlanta, the said Isaac Nichols beings 
 from his situation, an improper companion for an Officer.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having heard and maturely considered the charges 
 brought forward against the said Lieutenant Thomas Wright, and 
 the evidence adduced in support thereof, and having also maturely 
 considered what the said Lieutenant Thomas Wright had to offer 
 in his own defence, is of opinion that the said Lieutenant Thomas 
 Wright, is Guilty of the several offences specified in the first 
 charge, exhibited against him, in contempt of the Articles of War: 
 the Court is further of opinion, as to the second charge exhibited 
 against the said Lieutenant Thomas Wright, that th« said Lien- 
 tenant Thomas Wright, is Guilty of conduct unbecoming the cha- 
 racter of an Officer and a Gentleman, in dtting down arid jjlt^ing 
 at cards with Isaac Nicliolls> in the said charge mentioned, the 
 said Isaac Nicholls, froth his situation, being an improper com- 
 panion for an Officer, in further contempt of the said Articles of 
 War; biit that the said Lieutenant Thomas Wright, is Not Guilty 
 of drinking with the said Isaac Nicholls, as in the said charge 
 stated. 
 
 The Court doth, therefore, adjudge that the said Lieutenant 
 Thomas AVright, for the said offences, be dismissed from His 
 Majesty's service. 
 
L. Burke. £85 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and the Commander in Chief directs, tiiat 
 the foregoing charges, preferred against Lieutenant Thomas 
 Wright, of the 73d Regiment, together with the finding and Sen- 
 tence of the Court, shall be read at the head of every corps, and 
 entered in the general order book. 
 
 By command of H . R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT LUKE BURKE.— 1814. 
 
 Horse Guards, 3 Feb. 1814. 
 
 At a General Court Martial, held at St. George, Bermuda, on 
 the 30th August, 1813, and continued by adjournments to the 
 20th September following, Lieutenant Luke Burke, of the 98th 
 Regiment, was arraigned upon the undermentioned charges, viz. 
 
 1st. 'For conduct highly insubordinate in positively refusing to mount 
 the prison-sliip guard, on the lltli May last, after not only having beeti 
 in orders for that duty, but after Captain Hare, 98th Regiment, had de- 
 livered Lieutenant Colonel Lloyd's orders to take the duty. 
 
 2d. ' For absenting himself from head quarters, on the 22d August, 
 without leaVe from his Commanding Officer, knowing himself to be for 
 regimental duty, and not returning until the 23d instant. 
 
 3d. 'For conduct highly outrageous, and subversive of miUtary disci- 
 pline, in having come to Lieutenant Colonel Lloyd, at his quarters, and 
 in a most threatening and violent manner, challenging Lieutenant Colo- 
 nel Lloyd, his Commanding Officer, to fight, on the morning of the 24th 
 instant. 
 
 4 th. ' For infamous and scandalous conduct, highly degrading to the 
 character of a British Officer and Gentleman, in having writtein a letter, 
 dated 25th August, to Lieutenant Colonel Lloyd, his Commanding Offi- 
 cer, highly insulting, and in violation of good order and miUtary disci- 
 pline.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having most maturely and most deliberately weighed 
 and considered the evidence in support of the prosecutioii, toge- 
 ther with what the prisoner has adduced in his defence, was of 
 opinion, with regard to the first charge, that the prisoner is Guilty. 
 The Court had some doubts, howfever, that Lieutenant Bnrke, 
 having been released from arrest on this charge, and directed to 
 return to his duty, whether in justice, under the circumstances of 
 the case, the charge ought to have been preferred. 
 
586 , G. White. 
 
 With regard to the second charge, the Court was of opinion 
 that the prisoner is Guilty. 
 
 With regdrd to the third charge, the Court was of opinion that 
 the prisoner is Not Guilty. 
 
 The Court was of opinion with regard to the fourth charge, 
 that the prisoner was Not Guilty of ' infamous and scandalous 
 conduct,' but was of opinion that he, the prisoner, was Guilty of 
 ' having written a Letter to his Commanding Officer, most highly 
 and grossly insulting, and very highly subversive of good order 
 and military discipline,' which being in breach of the Articles of 
 War, the Court sentenced the prisoner to be dismissed His Ma- 
 jesty's service. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Lieutenant Luke Burke, of the 98th "Regiment, together with the 
 finding and Sentence of the Court, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT GEOEGE WHITE.— 1814. 
 
 Horse Guards, 5 Feb. 1814. 
 
 At a General Court Martial, held at Vittoria, in Spain, on the 
 25th October, 1813, and continued by adjournments to the 1st 
 November following. Lieutenant George White, of the Corps of 
 Royal Artillery Drivers, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. 'For disobedience of orders, about the month of June, 1813, in 
 refusing to place himself under the orders of Lieutenant Parratt, of the 
 Royal Artillery, although directed to do so by Lieutenant Colonel May, 
 the Assistant Adjutant General of the same. 
 
 2d. ' For persisting in that disobedience, during the whole march 
 from Abrantes to Vittoria, and after his proper line of conduct had been 
 pointed out to him, at Sahugal, by Captain Thompson, at the request of 
 Captain Bentham, of the Royal Artilleiy, to the great inconvenience of 
 the service. 
 
 3d. ' For highly improper and unofficerlike conduct, in tearing a pro- 
 
W. Bissan. 587 
 
 vision return, drawn by Lieutenant Parratt, and sbamefully abusing the 
 Seijeant of the Royal Artillery Drivers, who carried it by Lieutenant 
 Parratt's orders, for having obeyed the latter, to the prejudice of good 
 order and military discipline, and inbreach of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having most maturely weighed and deliberately 
 considered the evidence against the prisoner, together with what 
 he alleged in his defence, was of opinion that he was Guilty of 
 the first charge. 
 
 That he was Guilty of the second charge. 
 
 With respect to the first part of the third charge, namely, 
 ' highly improper and unofficerlike conduct, in publicly tearing a 
 provision return, drawn by Lieutenant Parratt,' the Court acquit- 
 ted the prisoner thereof, in default of sufficient evidence of the 
 fact ; but the Court found the prisoner Guilty of the second part 
 of the third charge, namely, ' highly improper and unofficerlike 
 conduct, in shamefully abusing the Serjeant of the Royal Artil- 
 lery Drivers, who carried it by Lieutenant Parratt's orders, for 
 having obeyed the latter.' 
 
 The Court, having found the prisoner Guilty of the first charge, 
 the second charge, and the second part of the third charge, which 
 being to the prejudice of good order and military discipline, and 
 in breach of the Articles of War, sentenced the prisoner. Lieute- 
 nant George White, of the Corps of Royal Artillery Drivers, to 
 be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve the find- 
 ing and confirm the Sentence of the Court; and the Commander 
 in Chief directs, that the charges preferred against Lieutenant 
 George White, together with the finding and Sentence of the 
 Court, shall be read at the head of every corps, and entered in 
 the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 MR. WILLIAM BISSON.— 1814. 
 
 Horse Guards, 8 Feb. 1814. 
 At a General Court Martial, held at Zugramondi, on the 1st 
 
58S P. Carter. 
 
 aiid QA November, 1813, Mr. William Bissori, clerk of the stores 
 
 in the department of the Royal Engineers, was arraigned upon 
 
 the undermentioned charge, viz. 
 
 ' For gross misconduct and neglect of duty, whien entrusted with se- 
 verail sums of public money for the payment of the Works at Ciudad 
 Rodrigo, in not having the vchole of the same forthcoming, when regularly 
 required of him for that purpose, whereby considerable injury arose to the 
 service, and in finally being a defaulter in his accounts as to a large part 
 of the above sums, to the amount of about two thousand one hundi'ed and 
 fifty-three dollars.' 
 
 Upon which charge the Court came to the following decision : 
 The Court, having maturely and deliberately weighed and 
 considered the evidence produced on the part of the prosecu- 
 tion, as well as what the prisoner has offered in his defence, was 
 of opinion that he, the prisoner, Mr. William Bisson, clerk of 
 the stores in the department of the Royal Engineers, was Guilty 
 of the charge preferred against him, in breach of the Articles 
 of War, and the Court therefore sentenced him, the prisoner, 
 Mr. William Bisson, clerk of the stores in the department of the 
 Royal Engineers, to be dismissed from His Majesty's service, 
 and to be rendered incapable of ever serving His Majesty here- 
 after, in any situation whatsoever, either civil or military. 
 
 His Rbyal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charge, together with the 
 finding and Sentence of the Court, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN PAUL CARTER.— 1814. 
 
 Horse Ghiards, 10 Feb. 1814. 
 At a General Court Mai'tikl, held at Enniskillen, on the 4th 
 November, 1813, and continued by adjournments to the 13th of 
 the same moijth, Captaili Paul Carter, of the Carlow Regiment 
 of Militia, was arraigned upon the undermentioned charges, 
 viz. — -■ 
 -1st. 'FiJr coHdtret highly unbecommg the character of an Officer and 
 
F. CoTler. 589 
 
 a Gentleman, in disturbing the baimony of the mess, on the night of the 
 1 7th of September, by menacing threats and looks to his superior Officer, 
 particularly to Major Cornwall. 
 
 2d. ' For conduct totally subversive of all military discipline, in turn- 
 ing to Lieutenant Colonel La Touche, his Comtmanding Officer, after he. 
 Captain Carter, had been ordered by him under an arrest, and saying, 
 in a most threatening manner, " You and I shall have another day for 
 this," or vyords to that effect. 
 
 3d. ' For conduct most highly dishonourable, unbecoming the cha- 
 racter of an Officer and a Gentleman, tending to reflect the most serious 
 discredit upon the respectability of his corps, in having entered into a 
 negociation vrith a gentleman in the county of Carlow, relative to the 
 resignation of his commission in the Carlove Mihtia, and for having re- 
 ceived a sum of money from the said gentleman in conformity to the 
 specific agreement of each party, as appears by documents laid before 
 the regiment. 
 
 ' For having afterwards proceeded to the tovra of Hull to join his 
 regiment there, though he had given a positive promise to the above 
 gentleman, that he had no intention of so doing, and for having written 
 a letter to that gentleman purporting to be that the negociation com- 
 menced between them was at an end, in consequence of the refusal of 
 Colonel La Touche to accept his resignation, though it can be clearly 
 proved that such refusal, upon the part of Colonel La Touche, was 
 purely conditional, and dependent upon the then situation of Captain 
 Carter, he being a defaulter to a considerable amount in balances due by 
 him to his company. 
 
 4th. ' For conduct highly unbecoming an Officer in retaining in his 
 hands a sum of money, amounting to £4 : 16s. IQd. the property of 
 Serjeant Steward of the Carlow Militia, and which he. Captain Carter, 
 though repeatedly applied to, has declined to payj; the whole of such 
 conduct being contrary to the rules and regulations of His Majesty's 
 service, and highly prejudicial to good order and military discipUne.' 
 
 ADDITIONAL CHARGE. 
 
 " For disobedience of orders on the day of the 10th of October. 
 
 1st. ' In refusing to pay his company in the money received by him 
 from his Pay-serjeant on the evening of the 9th, which money was paid 
 to the said Pay-serjeant by the Paymaster and Adjutant for the purpose 
 of paying the cleai-ance of the company, and which money he. Captain 
 Carter, got from the Pay-serjeant with a promise of returning next morn- 
 ing for the purpose intended; but which, on the Serjeant asking, he re- 
 fused to return as promised. 
 
 2d. ' Refusing to send the clearance of his company to his Command- 
 ing Officer, Lieutenant Colonel La Touche, when repeatedly sent to 
 through the Adjutant of the regiment, or paying it to the men of his 
 company in the regular way. 
 
 3d. ' For leaving his quarters after being forbidden to do so till the 
 money was sent to his Commander Officer, or paid to the men as ordered 
 by Lieutenant Colonel La Touche, such conduct being contrary to the 
 rules and regulations of Hi» Majesty's service.' 
 
590 M. Beaufdy. 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having taken into their consideration the evidence 
 laid before them in support of the prosecution, as also what was 
 offered by the prisoner in his defence, found that with regard to 
 the first charge exhibited against the prisoner. Captain Paul 
 Carter, of the Carlow Militia, was Guilty thereof. 
 
 With regard to the. second charge, the Court was of opinion 
 that the prisoner, Captain Paul Carter, of the Carlow Milita, was 
 Guilty thereof. 
 
 With regard to the third charge, the Court was of opinion that 
 the prisoner,.Captain Paul Carter, of the Carlow Militia, was also 
 Guilty thereof. 
 
 With regard to the 4th charge exhibited against him, the Court 
 was of opinion that the prisoner, Captain Paul Carter, of the 
 Carlow Militia, was Not Guilty thereof, and therefore acquitted 
 him of- the same. 
 
 With regard to the fifth, or additional charge, the Court was of 
 opinion that the prisoner. Captain Paul Carter, of the Carlow 
 Militia, was Guilty of every part thereof, which being breaches 
 of the Articles of War, the Court consequently sentenced the 
 said Captain Paul Carter to be dismissed from the Carlow Regi- 
 ment of Militia. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 sentence of the Court, and the Commander in Chief directs, 
 that the charges preferred against Captain Paul Carter, of the 
 Carlow Militia, together with the finding and Sentence of the 
 Court, shall be read at the head of every corps, and entered 
 in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 COLONEL MARK BEAUFOY.— 1814. 
 
 Horse Guards, \2 Feb. 1814. 
 At a General Court Martial, held at Whitehall, on the 26th 
 October, 1813, and continued by adjournments to the 24th No- 
 vember following, Colonel Mark Beaufoy, of the First Royal 
 
M. Beaufoy. 391 
 
 Regiment of Tower Hamlets Militia, was arraigned upon th« 
 undermentioned charges, viz. 
 
 " Conduct utterly subversive of all good order and military discipline, 
 highly injurious to the public service, in breach of the Articles of War, 
 the Militia Laws, and the General Orders and Regulations of the Army, 
 viz. — 
 
 1st. ' In the irregular inlistment, or permitting the irregular inlistment 
 or engagement of reci-uits for the 1st Tower Hamlets Regiment, in dis- 
 tant counties, that is to say, the counties of Leicester,, Warwick, Derby, 
 Northampton, Stafford, Gloucester and Somerset, constantly during the 
 last three years, particulaiiy those whose names are stated in a return 
 hereunto annexed, marked No. ] , and of men unfit for service, particu- 
 larly Michael Sulivan, Richai'd Wood, Edward Creese, and George 
 Whale, and of foreigners, particularly John Henry Peiske and Antonio 
 Scandelero, permitting the whole of the said recruits named in the said 
 hereunto annexed return, marked No. 1, or some, or one of them, to 
 become substitutes for persons balloted within the Tower Hamlets Militia, 
 whose names are stated in a return hereunto annexed, marked No. 2, 
 private soldiers discharged from the regiment who were not unfit for ser- 
 vice, particularly those, or some or one of them, whose names are stated 
 in a return hereunto annexed, marked No. 3, under the character of spe- 
 culation men, ordering or suffering the whole, or some, or one of them, 
 to be privately attested by Lieutenant Colonel Sir Daniel WilUams, in 
 his magisterial capacity at the Police Oifice, Lambeth-street, Whitecha- 
 pel, London, his own house. Hackney Grove, Middlesex, or a private 
 apartment at Deptford, in the County of Kent, and ordering, or permit- 
 ting, the full bounties to be drawn for such as have not joined the regi- 
 ment, or deserted before they have received them, or before the period at 
 which the recruits of the regiment ordinarily receive them, particularly 
 those whose names are stated in a return hereunto annexed, marked No. 
 4, or some, or one of them, and also permitting Quarter Master George 
 Grant, to retain from the two guineas due to bringers, from the levy 
 money for recruits, the sum of one pound two shillings and sixpence, thus 
 discouraging the completion of the regiment, and inducing further mulcts 
 from the bounty of the recrait. 
 
 2d. ' In depriving or pei'mitting, or neglecting to prevent, the whole 
 of the recruits of the last three years, or some, or one of them at Hack- 
 ney, in the county of Middlesex, or Deptford, in the county of Kent, 
 being deprived of the greater part of their bounties, under various pre- 
 tences and illegal charges, that is to say, for coach hire, and expenses of 
 the journies from the distant places, in which they are so irregularly en- 
 listed or engaged, for clothing instead of the clothing allowed by Govern- 
 ment, and for facings as fees to the regimental clerk, charges for attesta- 
 tion, meals for those who accompany them to the magistrate, and unde- 
 fined accompt for necessaries and unnecessai-y articles, supplied to them 
 from the regimental stores overcharged, and often never furnished to 
 them. 
 
 3d. ' In ordering or sanctioning the Regimental Paymaster, Lieute- 
 nant David Henry Stable, Quarter Master George Grant, and others. 
 
59a M. Beaufoy. 
 
 during tl)e last three years, at. Hackney, in the county of Middlesex, and 
 Deptford, in the county of Kent, in making and coercihg illegal deduc- 
 tions from the pay and allowances of the soldier, under various pretences, 
 jSarfJcuIarly one of four-pence half-penny per month for each man, on 
 the strength, either numerical, or eftective, of the regiment, to furnish 
 pipe-clay or whiting, although, during a part of that period, there was 
 no regimental store whence it could be issued, and at no time any place 
 for cleaning accoutrements, and also of six-pence for a tumscrew and 
 worm, and six-pence for a picker and brush (being treble their value), 
 and for which, at the same time, he, or they, or some, or one of them, 
 retained the utmost allowance from Government, for that pm-pose ordi- 
 narily credited to the soldier, and in greatly overcharging necessaries 
 provided by his (Colonel Beaufoy's) orders, to the non-commissioned 
 Officers and private soldiers of the fegiment, and precluding the Captains 
 and Officers commanding companies from performing their duties in re- 
 lation to the pay and provision of their respective companies, for which 
 they are held responsible, by avoiding their interference, in ordering the 
 Paymaster, and even their own Pay-serjeanfs, to make the deductions 
 aifpresaid, Without their sanction, and also permitting, or neglecting to 
 prevent, the said Quarter Master George Grant, to purchase annual cloth- 
 ing from private soldiers, particularly Officers' sei-vants, as John Bird, 
 William Forster, Charles Arnett, Thomas Sayers, Thomas Brett, and John 
 Fowler, and for less than the regulated compensation. 
 
 4th. ' In multiplying the want of necessaries in the soldier by with- 
 holding from him the use of the regimental clothing for a considerable 
 period, pEirticularly that issued or fitted, on, or about, the 25th December, 
 1810, which was not permitted to be taken into constant wear, tUl more 
 than thirteen months beyond the period repeatedly, distinctly and posi- 
 tively ordered by His Majesty and the Commander in Chief, viz. tiU the 
 28th January, 1812, compelling or permitting them to pay for the altera- 
 tion of their clothing, and for articles for cleaning their arms, that is to 
 say, tumscrew, worm, brush, picker, oil, emery, brickdust, for effective 
 men without the remuneration allowed by the public, while he ceitified 
 that specific sums had been expended for the purpose, as for the years 
 ending the 24th December, 1811, or 1812, the sums of £94 : 17*. 6d., 
 or £83 : 5*., or thereabouts, for actual alteration of clothing (which sums 
 were amply sufficient to pay for making anew every article of clothing), 
 and £75 : 12s, 6d., or £56 : 2s. 6d., or some such sum, or sums, for 
 articles for cleaning arms, as aforesaid, and also certain other like sums 
 of money during the last three years ; and also withholding great coats 
 from the troops during the last two winters, to the injury of then- health, 
 as well as disgrace of the service, although, on the 9th January, 1810, 
 five hundred and thirteen great coats were furnished on his certification 
 of their necessity, these, with the evils of the succeeding divisions, pro- 
 ducing crimes, particularly desertion. 
 
 6th. ' In compelling, or permitting, from disregard or neglect, the 
 said Paymaster, Lieutenant David Henry Stable, to avoid, or neglect, the 
 due and regular supply of pay and allowances for the several companies, 
 pr some of them, on the 24th of each month, and at other ordinary jpe- 
 
M, Beau/op 59.1 
 
 tiods of payment during the last tln-ee years, and also so compelling, or 
 permitting, the Captains or Commanding Officers of Companies, viz. 
 Captains Grant, Wood, Thaddeus O'Meara, Leonard, Okey, Daniel 
 O'Meara, Lieutenants William Armstrong, Hodson, and others, con- 
 stantly during the last three years, or at some period thereof, to leave the 
 payment of their companies entu-ely to Pay-serjeants, viz. Bell, Payne, 
 Crutchlow, Aiken, Franklin, and Clarkson, in the public house at Hack- 
 ney, in the county of Middlesex, and Deptford, in the county of Kent, 
 and Rotherhithe, in the county of Suriy, by which the several Pay-ser- 
 jeants, or some of them, are, or were, frequently, compelled to apply to 
 the landlords of those public houses, and others, for money wherewith to 
 pay His Majesty's Forces, and the Soldiers consequently engaged in 
 inebriety, and induced, not merely to suffer mulcts from their pay and 
 allowances, but also to anticipate them in extra usurious advances fi-om 
 their Pay-serjeants, who are, or were, also compelled to reimburse them- 
 selves for expenses, for which they do, or did, receive no remuneration 
 from the aforesaid Captains or Commanding Officers of companies. 
 
 6th. ' In discharging, on various pretences, for pecuniary considera- 
 tion at various rates, from twenty to thirty pounds and upwards, effective 
 soldiers, particularly those whose names are included in a return, here- 
 unto annexed, marked No. 3, or some, or one of them, and even desert- 
 ers, pai'ticularly Thomas Waterfall, on, or about, the 25th September, 
 
 1811, and Creese, on, or about, the llth September, 1812, and 
 
 retaining aged, infirm, and diseased men, or men unfit for service, parti- 
 cularly the names inserted in a return hereunto annexed, marked No. 5, 
 at various periods during the last three years, at Hackney, in the county 
 of Middlesex, and Deptford, in the county of Kent, by such and various 
 other means, impeding the volunteering to the regular army of able 
 men, and virtually aiding and abetting desertion. 
 
 7th. ' Subverting or rendering inefficient the regulations prescribed by 
 Government for the care of the soldier, and the checks created for the 
 prevention of peculation, or other irregularity, by refusing to attend to 
 complaints from either Officers or soldiers, respecting illegal deductions 
 and embezzlements, as in the instances of Captains Ralfe and Fortune, 
 and Lieutenant Scott, Private Hammond, Well, and others, made at 
 various periods during the last three years, particularly on the 24th De- 
 cember, 1812, the 24th Januaiy, 1813, and 24th February, 1813, at 
 Deptford, in the county of Kent, precluding the Captains or Command- 
 ing Officers of companies from the knowledge necessary to keep the 
 books required for the information of the Inspecting General, by mai-king, 
 with constant and distinguished approbation, all who are concerned in 
 the various matters charged, permitting them to avoid their duties, and 
 to be on long and frequent leaves of absence, and compelling to perform 
 their duties, and subjecting to public abuse and menaces, any who re- 
 quire the fulfilment of His Majesty's Regulations, and, as an example, 
 preventing Lieutenant Scott from promotion, and several times from the 
 command of a company, which he always conducted according to His 
 Majesty's Regtilations, particularly on the 9th .January, 1813, substitut. 
 
 Q Q 
 
594 M. Beanfoy. 
 
 ing the said Quarter Master George Grant in all concerns of recruiting 
 and discharging, to perform the ordinary duties of Adjutant, the said 
 Paymaster Lieutenant David Henry Stable, although, in disobedience of 
 orders, already occupied in various and conflicting trades, and under the 
 temporarily suppressed prosecution of a charge of illegal deduction from 
 the pay of private soldiers, to possess the appointment of Regimental 
 Judge Advocate, in trials of private soldiers, for crimes arising out of 
 similar matters, and thereby depriving the Court of a competent knovr- 
 ledge of His Majesty's Regulations, and falsely musteiing, or compelling, 
 or permitting, or neglecting to prevent, certain men, vrho vrere constantly 
 absent from the regiment, to be mustered as on duty, particularly John 
 Bird, John Head, Patrict Fagen, Charles Arnet, William Phillips, and 
 William Foster, from the 24th May to the 24th October, 1812, or at 
 some one or more of the intervening musters, thereby drawing irregularly 
 from the public, their beer money, also continuing men on the strength 
 of the regiment, after they had deserted, for the liquidation of their debts, 
 at the expense of the public, particularly Henry Turner, EdvFard Tayler, 
 snd John Martin, or some, or one of them, and also permitting the Re- 
 gimental Surgeon to absent himself constantly from the regiment, fi'om 
 the 24th September, 1810, to the 24th September, 1811, and from the 
 24th September, 1812, to the present time, in the private practice of a 
 distant place, leaving the Regimental Hospital a great part of those pe- 
 i-iods, but more particularly during the last nine months, in the care of a 
 supernumerary -assistant. Lieutenant Armstrong, and alvrays without re- 
 quisite instruments, and vpithout a horse for regimental duty, though 
 charging for it, and permitting, or neglecting to prevent, also the charge 
 of thirty pounds to be made to Government, for a field of exercise, dur- 
 ing the half year ending on the 24th June, 1813, though no such field 
 was hired at that rate, in any way whatsoever. 
 
 8th. ' Conduct unbecoming the character of an Officer and a Gentle- 
 man, in permitting to remain public without controversion, the afiidavit 
 of Private Richard Hutt, in which he had ,sworn before a magistrate, in 
 a manner sufficient to obtain conviction and a penalty, that Colonel 
 Beaufoy had aided, and abetted, in desertion, private, or drummer Joseph 
 Bradshaw, of his own regiment, a soldier in no respect unfit for semce, 
 and extorting from his relations, under threat of his punishment, thirty 
 guineas, which said Private Richard Hutt, Colonel Beaufoy has since 
 discharged, though not unfit for service, as having served (including, of 
 course, the swearing of the said affidavit) honestly and faithfully. 
 
 9th. ' Depriving of their influence in command, and bringing into 
 contempt, the whole of the Officers of his regiment, by an extraordinary 
 habit of abuse towards them, directing illegal deductions to be made 
 from their pay, particularly those under pretence of allowance for drom- 
 head money for a Regimental School, for a Stock Purse, and for a future 
 Mess Pund, and issuing frivolous and vexatious orders, particularly those 
 of the 24th and 25th October, 1811, creating upon them simulated 
 crimes, as those against Lieutenant Scott, for disobedience of orders and , 
 breach of arrest, on, or about, the 6th November, 1811, at Hackney; 
 
M. Beaufoi/. 595 
 
 who was, in consequence, kept in iiregulai- close arrest for three months, 
 and brcught to trial before a Court Mai-tial, the ssntence of which, evinc- 
 ing his innocence, as well as the gracious consideration of His Royal 
 Highness the Prince Regent, was, and is yet, suppressed, notwithstand- 
 ing the studious insertion in the regimental order book of all its previous 
 circumstances." 
 
 Upon which charges the Court came to the following decision: 
 
 The Court, having maturely weighed and considered the evi- 
 dence which has been produced in support of the prosecution, 
 together with every thing that has been urged by the prisoner in 
 his.defence, are of opinion : 
 
 With respect to the first allegation contained in the first charge, 
 namely, ' the irregular inlistment, or engagement of recruits in 
 distant countries,' that Colonel Beaufoy has been Guilty of some 
 irregularity in the mode of inlistment, but not to such an extent 
 as to be prejudicial to the service. 
 
 With respect to the second allegation contained in the first 
 charge, viz. ' inlisting men unfit for service,' the Court are of opi- 
 nion that Colonel Beaufoy is Not Guilty. 
 
 With respect to the third allegation contained in the first 
 charge, viz. ' inlisting foreigners/ the Court are of opinion that 
 Colonel Beaufoy is Guilty. 
 
 With respect to the fourth allegation contained in the first 
 charge, viz. ' permitting recruits to become substitutes for per- 
 sons balloted for the First Tower Hamlets Regiment ,of Militia, 
 and for private soldiers discharged from the regiment not unfit 
 for service,' the Court are of opinion that Colonel Beaufoy has 
 been Guilty of irregularity, in having sanctioned the custom of 
 allowing speculation men to«become substitutes for balloted men, 
 and for men discharged though not unfit for service. 
 
 With respect to the fifth allegation contained in the first 
 charge, viz. ' ordering or suffering men to be privately attested at 
 certain places specified,' the Court are of opinion that Colonel 
 Beaufoy is Not Guilty. 
 
 With respect to the sixth allegation contained in the first 
 charge, viz. ' ordering or permitting the full bounties to be drawn 
 for men who have not joined the regiment, or who had deserted 
 before they received them, the Court are of opinion that Colonel 
 Beaufoy is Not Guilty. 
 
 Q Q 2 
 
596 M. Beanfoy. 
 
 With reapfect to the seventh allegation contained in the first 
 charge, viz. ' permitting Quarter Master Grant to retain the sum 
 of ^ I : 2s. Gd. from the money due to bringers of recruits,' the 
 Court are of opinion that Colonel Beaufoy is Not Guilty. 
 
 With respect to the second charge, the Court are of opinion 
 that Colonel Beaufoy is Guilty of very culpable neglect, in not 
 having prevented the abuses specified in that charge. 
 
 With respect to the first part of the third charge, viz. ' autho- 
 rizing and permitting illegal deductions from the pay and allow- 
 ances of the men,' the Court are of opinion that Colonel Beaufoy 
 is Guilty of having allowed illegal deductions to be made from 
 the pay and allowances of the men, for some of the articles spe- 
 cified in the charge,' but the Court are of opinion that he is Not 
 Guilty of * authorizing any overcharges on the price of the neces- 
 saries, or of precluding the Officers commanding companies from 
 performing their duties.' 
 
 With respect to the latter part of the third charge, viz. ' per- 
 mitting Quarter Master Grant to purchase annual clothing from 
 private soldiers, at less than the regulated prices,' the Court are 
 of opinion that Colonel Beaufoy is Not Guilty. 
 
 With respect to the first allegation contained in the fourth, 
 charge, vizi ' withholding from the soldiers the use of the regi- 
 mental clothing, issued in December, 1810,' the Court are of opi- 
 nion that Colonel Beaufoy has been Guilty of some irregularity 
 in withholding the clothing contrary to His Majesty's Regula- 
 tions of the date of August, 1811; but the Court are further of 
 opinion that it has not appeared to them, that the wants of the 
 soldiers were multiplied thereby. • 
 
 With respect to the second allegation contained in the fourth 
 charge, viz. ' compelling and permitting the men to pay for the 
 alteration of their clothing,' the Court are of opinion that Colonel 
 Beaufoy is Not Guilty. 
 
 With respect to the third allegation contained in the fourth 
 charge, viz. ' compelling or permitting the men to pay for articles 
 for the cleaning of their arms,' notwithstanding Colonel Beaufoy 
 had certified that certain sums had been expended for these arti- 
 cles, the Court are of opinion that Colonel Beaufoy is Guilty of 
 neglecting to furnish the various articles specified in the charge, 
 
M- Beaufoy. 5i)7 
 
 till a late period, notwithstanding his having certified that the 
 money had been expended for those articles. 
 
 With respect to the fourth allegation contained in the fourth 
 charge, viz. ' withholding great coats from the men during the 
 last two winters,' the Court are of opinion that Colonel Beaufoy 
 is Not Guilty. 
 
 With respect to the fifth charge, the Court are of opinion that 
 Colonel Beaufoy is Not Guilty of ' compelling or permitting 
 Paymaster Stable, to avoid, or neglect, the due and regular supply 
 of pay and allowance for the several companies ;' but the Court 
 are of opinion that Colonel Beaufoy is Guilty of ' permitting the 
 Officers to leave the payment of their companies to their Ser- 
 jeants,' from which practice the Court are of opinion that great 
 irregularities have prevailed in the payment of the men. 
 
 With respect to the first allegation contained in the sixth 
 charge, viz. ' discharging eifective soldiers for pecuniary conside- 
 rations,' the Court are of opinion that Colonel Beaufoy is Not 
 Guilty. 
 
 With respect to the second allegation contained in the sixth 
 charge, viz. * improperly discharging two deserters, named Water- 
 fall and Creese,' the Court are of opinion that Colonel Beaufoy 
 is Not Guilty, the Court not considering AVaterfall as a deserter, 
 and there being a doubt as to the identity of Creese, 
 
 With respect to the third allegation contained in the sixth 
 charge, viz. ' retaining aged and diseased men unfit for service,' 
 the Court are of opinion that Colonel Beaufoy is Not Guilty. 
 
 With respect to that part of the sixth charge which alleges that 
 ' Colonel Beaufoy, by various means, impeded the volunteering to 
 the regular army, and aided and abetted desertion,' the Court are 
 of opinion that Colonel Beaufoy is Not Guilty. 
 
 With respect to the first allegation contained in the seventh 
 charge, viz. ' refusing to attend to complaints of illegal deductions 
 and embezzlements in several instances specified,' the Court are 
 of opinion that Colonel Beaufoy is Not Guilty. 
 
 With respect to the second allegation contained in the seventh 
 charge, viz. ' precluding. Officers of companies from the know- 
 ledge necessary to keep the books,' the Court are of opinifjn that 
 Colonel Beaufoy is Guilty of neglecting to circulate the orders 
 
598 M. Beau/oj/. 
 
 directing Officers to provide themselves with His Majesty's Re- 
 gulations.. 
 
 With respect to the third allegation contained in the seventh 
 charge, viz. ' marking with constant and distinguished approba- 
 tion, all who are concerned in the various matters charged, and 
 permitting them to avoid duties, but compelling to perform their 
 duties, and subjecting to abuse and menaces, any who require 
 the fulfilment of His Majesty's Regulations,' the Court are of 
 opinion that Colonel Beaufoy is Not Guilty. 
 
 With respect to the fourth allegation contained in, the seventh 
 charge, viz. * improperly precluding Lieutenant Scott from pro- 
 motion,' the Court are of opinion that Colonel Beaufoy is Not 
 Guilty. 
 
 With respect to the fifth allegation contained in the seventh 
 charge, viz. ' substituting Quarter Master Grant in all concerns 
 of recruiting and discharging, to perform the ordinary duties of 
 Adjutant,' the Court are of opinion that Colonel Beaufoy is Not 
 Guilty. 
 
 With respect to the sixth allegation contained in the seventh 
 charge, viz. ' allowing Paymaster Stable, although in disobedience 
 of orders, already occupied in various and conflicting trades, and 
 under the temporarily suppressed prosecution of a charge of ille- 
 gal deduction from the pay of private soldiers, to possess the ap- 
 pointment of Regimental Judge Advocate on the trials of private 
 soldiers for crimes arising out of similar matters,' the Court are 
 of opinion that Colonel Beaufoy is Not Guilty. 
 
 With respect to the seventh allegation of the seventh charge, 
 viz. ' falsely mustering, or permitting to be mustered, as on duty, 
 certain men, who were constantly absent from the regiment,' the 
 Court are of opniion that Colonel Beaufoy is Not Guilty. 
 
 With respect to the eighth allegation of the seventh charge, viz. 
 * continuing men on the strength of the regiment after they had 
 deserted, for the liquidation of their debts,' the Court are of opi- 
 nion that Colonel Beaufoy is Not Guilty. 
 
 With respect to the ninth allegation of the seventh charge, viz. 
 ' permitting the Regimental Surgeon to absent himself constantly 
 from the regiment for certain periods specified, and to be in pri- 
 vate practice at a distant place, leaving the hospital, during a 
 
M. Beaufoy. 599 
 
 great part of the time, to a Supernumerary Assistant, and without 
 requisite instruments, or a horse for regimental duty, though 
 charging for it ;' the Court are of opinion that Colonel Beaufoy is 
 Not Guilty of permitting the Regimental Surgeon to be con- 
 stantly absent during the periods specified, or of leaving the hos- 
 pital in improper care, and without instruments, and the Court 
 are further of opinion that the surgeon was never without a horse 
 for regimental duty. 
 
 With respect to the tenth allegation of the seventh charge, viz. 
 ' permitting a charge of £S0 to be made for a field of exercise, 
 during the half year ending the 24th June, 1813, though no such 
 field was hired at any rate, or any where whatsoever,' the Court 
 are of opinion that Colonel Beaufoy is Not Guilty. 
 
 With respect to the eighth charge, the Court are of opinion 
 that Colonel Beaufoy is Not Guilty. 
 
 With respect to the first allegation contained in the ninth 
 charge, viz. ' depriving of their influence in command, and bring- 
 ing into contempt the whole of the Officers of the regiment, by 
 an extraordinary habit of abuse towards them,' the Court are of 
 opinion that Colonel Beaufoy is Not Guilty to the full extent of 
 the allegation ; but the Court feel themselves called upon to ob- 
 serve upon the improper language and manner occasionally used 
 by Colonel Beaufoy towards several of his Officers. 
 
 With respect to the second allegation of the ninth charge, viz. 
 * directing illegal deductions to be made from the pay of his 
 Officers, under various pretences,' the Court are of opinion that 
 Colonel Beaufoy is Not Guilty, but that some irregularity may, 
 perhaps, have existed in the charge of drum head money. 
 
 With respect to the last allegation of the ninth charge, the 
 Court feel that the propriety of the orders mentioned therein, 
 having been already made the subject of a General Court Mar- 
 tial, the result of which has been carried into effect, they are not 
 authorized to give any opinion upon them, and with regard to the 
 suppression of the sentence of that Court Martial, and the stu- 
 dious insertion in the regimental books, of all previous circum- 
 stances, the Court are of opinion that Colonel Beaufoy is Not 
 Guilty. 
 
 The Court, having thus found Colonel Beaufoy Guilty, to the 
 
f)00 M. Bcaufoi/. 
 
 extent before particularly specified, do adjudge, that he be 
 removed from the command of the First Royal Tower Hamlets 
 Regiment of Militia : but under all the circumstances, and con- 
 sidering the peculiar disadvantages which he has been placed 
 under, in consequence of the very extensive and comprehensive 
 form of the charges ; considering also the length of Colonel 
 Beaufoy's services, and the favourable opinion which has been 
 entertained of him by the several General Officers under whom 
 he has served, the Court beg leave to recommend him to the 
 gracious consideration of His Royal Highness the Prince Regent. 
 
 The Court further think it their duty to call the attention of 
 His Royal Highness to that part of their proceedings in which 
 they have so strongly animadverted upon the perjury committed 
 by Quarter-master Grant, in his evidence before them, in order 
 that His Royal Highness may judge what steps it may be expe- 
 dient to take in consequence of such gross and palpable miscon- 
 duct. 
 
 The Court, having thus concluded a long and laborious inves- 
 tigation, and exercised a painful duty, in the judgment they have 
 passed upon Colonel Beaufoy, feel themselves called upon to 
 state, that the frivolous and vexatious nature of several of the alle- 
 gations, contained in the charges preferred by Lieutenant Scott ; 
 the introduction into some of them, of matter highly prejudicial 
 to the character of Colonel Beaufoy, which has not been sup- 
 ported by a shadow of proof, together with the very offensive and 
 irrelevant itisinuations which have been introduced by him, at 
 various times, during the course of the proceedings, have led 
 them to an opinion that Lieutenant Scott, in pursuing and con- 
 ducting this prosecution, has not been actuated by that regard for 
 the service which alone ought to influence an Officer upon such 
 an occasion. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and under all the 
 circumstances attending the conduct of the prosecutor, as they 
 appear upon the face of the proceedings, and which have drawn 
 forth the very just and appropriate comments of the Court, His 
 Royal Highpess has been pleased to consider Lieutenant Scott 
 
I). W Arthur. 601 
 
 an unfit person to remain in His Majesty's service, and to com- 
 mand that it be intimated to him, that his further services will 
 be dispensed with. 
 
 The evidence of Quarter-master Grant, being fraught with 
 such disgraceful circumstances of prevarication as to draw forth 
 the observation of the Court, that he had grossly forsworn him- 
 self, and was no longer worthy of credit. His Royal Highness has 
 been pleased to command that it be intimated to him that his 
 further services will be dispensed with. 
 
 The Commander in Chief directs, that the charges preferred 
 against Colonel Beaufoy, together with the opinion of the Court, 
 and the Prince Regent's pleasure and commands thereon, shall 
 be read at the head of every corps, and entered in the general 
 order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN DONALD M'ARTHUR.— 1814. 
 
 Horse Guards, \4 Feb. 1814. 
 
 At a General Court Martial, held at Barnstaple, on the 30th 
 August, 1813, and continued by adjoumments to the 18th of 
 September following. Captain Donald M'Arthur, of the 11th 
 Regiment of Foot, was arraigned upon the undermentioned 
 charges, viz. 
 
 Charges preferred by Captain Charles Tuton, of the 11th Re- 
 giment. 
 
 1st. 'That it had been the constant practice at the dep6t, to compel 
 the men to sign their accounts mohthly, as if they had been regularly 
 and finally settled with, and had received their balances, although the 
 contrary was the fact, the settlement being delayed frequently much be- 
 yond the legal time, whereby false certificates and returns were made by 
 Captain M'Arthur, in direct violation of His Majesty's waiTant of the 
 25th May, 1797. 
 
 2d. ' That coals and candles were drawn at Beny Head barracks, for 
 the use of the whole complement of men, although most of them marched 
 the following day for embarkation at Plymouth, a route for that purpose 
 being at the time actually in the possession of the Commanding Officer ; 
 and that the said coals and candles were embezzled and applied to other 
 improper purposes, for the benefit of the regimental mess. 
 ' 3d. ' That coals and candles which have been drawn at Barnstaple, 
 
602 v.. MUrtfiur. 
 
 for the use of the hospital and barracks, at different times, have been em- 
 bezzled and disposed of improperly, and that in consequence of it, the 
 men liave been obliged to purchase coals and candles, out of their sub- 
 sistence money, and to involve themselves in debt. ■ 
 
 4th. ' That Captain M'Ai-thur has been guilty of a gross violation of 
 his character as an Officer, and. neglect of duty, in conniving at the pur- 
 chase of various articles, at different times, for the dep6t, at low rates, 
 and of disposing of the same articles to the men, at an exorbitant profit. 
 
 5th. ' That soldiers have paid money for their furloughs, with assu.- 
 rance that nothing should be done to them for over-staying their time. 
 Some of them have been absent for many months and years, whilst others 
 have been promised to be invalided, &c. 
 
 6th. ' That ©aptain M'Aithur has connived'at the severe ill treatment 
 of such of the men as heretofore made their complaints to me j and 
 which severe ill treatment they have experienced since their return to 
 the depot, from Hilsea barracks, and that men who have made complaints 
 have not only not been listened to, but have been iU-treated for so doingi 
 and that one suffered extremely from absolute neglect in the hospital ; — 
 he died. 
 
 7th- ' That the bounty of a recruit has been thrown into the mess 
 fund of the officers. 
 
 8th. 'That on some occasions, the men have received money as a 
 bribe, to desist from their claims, and been required to sign papers pur- 
 porting that they had no claims. ^ i . , 
 
 9th. ' That Captain M'Arthur has been guilty of a neglect of duty, in 
 permitting liquor to be sold by the seijeants, in the baiTacks, in direct 
 disobedience of the commands of His Royal Highness the Commander 
 in Chief. 
 
 ■ lOth. ' That half a guinea has been stopped from each of the men, 
 procuring recruits, and given to Serjeant Dory. 
 
 11th. ' That Captain M'Arthur, with his fainUy, have been in the habit 
 of visiting the contract butcher, Martin, as his guest. 
 
 12th. ' That Captain M'Arthur sent false acquittance rolls and returns 
 with the detachment under the command of Lieutenant O'Connor, and 
 virhich detachment arrived at Gibraltar nearly in a state of nakedness. 
 
 13th. ' That Captain M'Arthur has been in the habit of making re- 
 turns to the Secretary at War, of a greater number of men than were 
 actually present in his payment, for the purpose of obtaining a greater 
 allowance for himself than he was actually entitled to, as acting dep&t 
 Paymaster, and has thereby neglected the good of the service, and di- 
 rected his attention to his own gain and interest, and contrived to involve 
 himself in Lieutenant Hancox's debt, to the amount of Two Hundred 
 Pounds. 
 
 14th. ' That money di-awn from the mess fund, has been improperly 
 made use of. 
 
 15th. 'jThat Captain M'Arthur, in my presence, read a paper to the 
 Serjeant Major, and Quarter Master Seijeant, which he stated to be an 
 order for granting them an allowance for their Staff appointments, and 
 wished to know whether they would jointly consent to that allowance 
 being equally divided, amongst themselves and Serjeant Dory; expressly 
 
D. M' Arthur. 603 
 
 intimating that in the event of their being dissatisfied with such an ar- 
 rangement, he would appoint whom else he pleased to be Serjeant Major 
 and Quarter Master Serjeant. 
 
 1 6th. ' That Captain M'Arthm- has been guilty of a gross violation of 
 his promise to me, that he would reimbui'se me if I would complete the 
 detachment at Hilsea, in necessaries, which, in faith of his promise, I 
 was induced to do, to the amount of Eighty-two Pounds, w^hich sum, or 
 any part thereof. Captain M'Arthur has since refused to pay mej alleg- 
 ing as an excuse, that his promise proceeded from a presumption, that 
 no further notice was to be taken by me of his past conduct ; but that 
 every thing relating thereto, was to be consigned to oblivion. 
 
 17th. 'That Captain M'Arthur acknowledged to me,' that he should 
 certainly be dismissed the sendee, as it must one time or other be dis- 
 covered that he had been in the habit of making false returns, but that 
 Sir Charles Asgill must get him out of the scrape, as it was all done to 
 please him. 
 
 18th. ' That Captain M'Arthur caused false returns and certificates to 
 be produced to me for my signature, and afterwards unjustly accused me 
 of having signed such returns and certificates. 
 
 1 9th. ' That Captain M'Arthur has openly avowed to me, that he has 
 disposed of bounties due to the recruits, in the purchase of rum for his 
 own use, and the use of the men going on command, or in search of de- 
 serters." 
 
 Additional Charges preferred by Captain Tuton. 
 
 1st. 'That Captain M'Arthur has been guilty of neglect of duty, in 
 not attending to see that the men were regulaiiy settled with, and the 
 balances paid to them eveiy month. 
 
 2d. ' That Captain M'Arthur has been guilty of neglect of duty, in 
 receiving the public money, and afterwards improperly keeping the same 
 in his own hands,, and making various false assertions relating thereto. 
 
 3d. ' That Captain M'Ai-thur has been guilty of a neglect of duty, in 
 permitting a shameful relaxation of military discipline and subordination, 
 and for allowing both Officere and men under his command, at diiferent 
 times, to go about the streets of Barnstaple, in a state of drunkenness, to 
 the great annoyance of the inhabitants. 
 
 4th. ' That Captain M'Aittur has been guilty of highly improper con- 
 duct, in having altered and transcribed the puhHc documents relating to 
 the dep6t. 
 
 5th. ' That Captain M'Arthur has acted improperly in sanctioning the 
 seijeants and men, in receiving money from the privates for their 
 furloughs. 
 
 6th. ' That Captain M'Arthur has violated his duty in causing Privates 
 William Vinson, and William Bone, to be unjustly sworn in as deserters.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence adduced in support of the prosecution, and 
 what the prisoner, Captain Donald M'Arthur has alleged in his 
 
604 D. M' Arthur. 
 
 defence, together with the testimonies brought forwards towards 
 his exculpation, is of opinion that he is Not Guilty of either of 
 the twenty-five charges, upon which he was arraigned, and doth, 
 therefore, honourably acquit the prisoner, Captain Donald 
 M' Arthur, of the whole and every part of the said charges ex- 
 hibited against him, and which have appeared to be generally 
 vexatious, in many instances extremely frivolous, and totally with- 
 out foundation. 
 
 Bearing in mind the whole process and tendency of this trial, 
 the Court cannot refrain from animadverting on the peculiar and 
 very extraordinary measures which have been resorted to by the 
 prosecutor, Captain Tuton. 
 
 Whatever may have been the purity of his motives for institu- 
 ting charges of such magnitude, and of so serious a nature, against 
 Captain M'Arthur, his conduct has been extremely inconsiderate 
 and highly reprehensible, in advancing such various weighty asser- 
 tions, to be submitted before a public tribunal, without some sure 
 grounds of establishing the facts. 
 
 In bringing forward these numerous charges against Captain 
 M'Arthur, it appears that Captain Tuton has been somewhat 
 misguided by others, who, under the cloak of friendship, urged 
 him on to the investigation, when probably their own desires 
 bore a selfish aspect. 
 
 It appears on the face of the proceedings, that the men of the 
 dep6t had received their monthly balances very irregularly, and 
 other improper acts are apparent, though not with the knowledge 
 of Captain M'Arthur, which in the end might militate against the 
 credit of the establishment ; an infamous and most disgraceful 
 mode of settlement had evidently crept into the d6p6t, though of 
 short duration ; — and dissatisfaction amongst the men might have 
 been the consequence ; — that this practice should have prevailed 
 for any time, marks a degree of neglect and remissness in some 
 quarter, and the Serjeants therein concerned, merit the severest 
 example. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve the find- 
 ing of the Court ; but taking into consideration the peculiar dis- 
 advantages under which the prisoner laboured, in being called 
 
R. A. Wyvill. 605 
 
 upon to defend hitnself against charges so vague and indefinite, 
 and so irregular in their form, His Royal Highness has been 
 pleased to consider the conduct of the prosecutor, Captain Tuton, 
 as it appears upon the face of the proceedings, and as most pro- 
 perly animadverted upon by the Court Martial, to be of a nature 
 to render him unworthy of remaining in His Majesty's service, 
 and His Royal Highness has therefore desired that it should be 
 intimated to Captain Tuton, that his further services will be dis- 
 pensed with. 
 
 The Commander in Chief directs, that the charges preferred 
 against Captain M'Arthur, together with the finding of the Court, 
 and the Prince Regent's pleasure thereon, shall be read at the 
 head of every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain M'Arthur is now upon the Half-pay of the regi- 
 ment. — Captain Tuton was accordingly removed from the ser- 
 vice. — Editor. 
 
 MAJOR R. A. WYVILL.— 1814. 
 
 Horse Guards, 14 Blarch, 1814. 
 
 At a General Court Martial, held at St. Helier, Jersey, on the 
 
 14th October, 1813, and continued by adjournments to the 25th 
 
 of the same month. Major R. A. Wyvill, of the .3d Royal Veteran 
 
 Battalion, was arraigned upon the undermentioned charges, viz., 
 
 1st. ' In having manifested and continued a system of undue lenity and 
 favour, towards such privates as contributed to the public regimental 
 charity fund of the battalion, and of tyranny and oppression towards 
 others who refused so to contribute : as evidenced among other matters 
 in the instances of several privates, who, when about to suffer corporal 
 punishment for serious military offences, in pursuance of the sentences of 
 regimental Courts Martial, at Elizabeth Castle, in Jersey, within these 
 twelve months now last past, were pardoned by Major Wyvill, upon the 
 express consideration that each of them would contribute to such fund ; 
 and in the further instances of Privates David Jones, William Mocve, 
 and James Karnan, against whom, for not contributing to the said fund, 
 stoppages were ordered, by Major Wyvill, to be made out of their re- 
 spective pay and subsistence money, to the amount of seven shillings and 
 nine-pence each, for a smock frock for each of them, on, or about, the 
 
606 R. A. Wyvill. 
 
 month of January last, such articles not being necessaries required by 
 His Msijesty's regulations, or the rules of the service. 
 
 2d. 'For refusing, in the month of December, 1812, to account with 
 the'Captains of companies, for the receipts and disbursements of the said 
 fund, notwithstanding he had previously consented and promised to ap- 
 point a committee of Officers, for the investigation of the same. 
 
 3d. ' For having misapplied the monies of the said charity fund, to 
 purposes foreign to its institution and intention, in the several instances 
 set forth and enumerated in the particulars of the same, subjoined at the 
 foot hereof : 
 
 Particulars referred to in charge 3. 
 
 £ s. d. 
 Allowance to regimental clerk, from 25th July, 1812, to 
 
 24th August, 1813 11 80 
 
 Desk for orderly room __--.-. -.--3 
 2 stools for orderly room ------ -- 040 
 
 Subscription to Patriotic Bible Society -----3 
 
 Half a hundred of furloughs ----- ---010 
 
 ■Painting regimental colour cases --------0 6 
 
 Boat hire for Serjeant Tinison -- --.- 040 
 
 Mending black-hole door -- - -----0 1 6 
 
 A small desk for Major Wyvill ------ 03 6 
 
 Cash to regimental band ---- -----1 
 
 Two shelves for regimental school -- - --036 
 
 Cash to Church singers ---- - ---10 
 
 Two parchment heads to bass dium - - - 17 
 
 Cash to the band --'. - 1 
 
 Eight bushek of coals to the tailor's shop - - 10 
 
 Two Tutor's Assistants to regimental school - - 5 
 
 Candles for illumination -- - -- -220 
 
 Transparency for ditto - --- -1142 
 
 Liquor furnished men in the Castle ------ 45 1 
 
 Stationei-y for orderly room - - - 4 
 
 Reeds for musical instruments - 15 
 
 Stationery for Major Wyvill - - 5 
 
 Music paper ----- -. 076 
 
 Carriage of water to Officers in Ehzabetli Castle - 17 6 
 
 Ditto to Men -- 0176 
 
 ^44 1 
 
 4th. ' For having unwarrantably, and to the injury of Government, 
 appropriated to the said fund, the sum of Eight-pence per day for one 
 month, ending 24th of February, 1811, from the pay of Serjeant Wil- 
 liam Topham, and a similar sum of Eight-pence per day for one month, 
 ending 24th October, 1811, from the pay of Serjeant WiUiam Allen, the 
 same being the difference between their respective subsistence money as 
 Serjeants, and their pay as privates, during the several abovementioned 
 periods of their reductions and suspensions from the rank and pay of ser- 
 
R. A. Wyvill. 607 
 
 jeants, by sentences of regimental Courts Martial, such difference of pay, 
 during such pension, not being at the disposal of Mtyor Wyvill, but 
 wholly belonging to Government. 
 
 5 th. ' For having, on, or about, the second day of August, 1813, or- 
 dered a leaf, or leaves, to be torn out of the book of accounts of the said 
 fund, for the purpose of preventing the inspection and investigation of a 
 certain item or items of disbursement, under the head of sundries therein 
 entered, and which has not been since restored. 
 
 6th. 'For repeatedly and severely whipping with a horsewhip, Dnim- 
 mer Woodward, whilst in the act of inflicting corporal punishment on 
 a private, on the 28th August, 1812, in the face of the battalion then un- 
 der arms.' 
 
 Upon which charges the Court came to the following deci- 
 sion : 
 
 The Court, after having maturely and deliberately weighed and 
 considered the evidence adduced on the part of the prosecution, 
 as well as what the prisoner had to offer in his defence, was of 
 opinion, with respect to each charge, as follows : 
 
 First Charge — That the prisoner was Guilty of undue lenity 
 and favour, towards certain privates of the battalion under hi§ 
 command, on condition of their contributing to a fund established 
 iu the regiment ; but acquit him of tyranny and oppression, al- 
 though they are of opinion that he has exercised undue severity 
 towards those men who refused to contribute to the said fund. 
 
 Second Charge — That the prisoner did refuse to account with 
 Captains of companies for the receipts and disbursements of the 
 said fund, but do not attach any blame to him on that account, 
 although they consider the prisoner's conduct reprehensible in not 
 giving greater publicity to the accounts relating to the said fund, 
 and acquit him thereof. 
 
 Third Charge — That the monies of the fund do not appear 
 always to have been applied for the benefit of the regiment, or 
 service, and that there are transactions relating to the said fund, 
 highly discreditable to the prisoner, and do, therefore, find him 
 Guilty of misapplication of the monies of the said fund. 
 
 Fourth Charge — That the prisoner has, to the injury of Go- 
 vernment, appropriated to the fund, the sum of Eight-peuce per 
 day for one month, ending the 24th February, 1811, from the 
 pay of Serjeant William Topham, and that the sum of Eight-pence 
 per day for one month, ending the 'i4th October, 181 1, has also 
 been drawn from Government, on account of Serjeant William 
 
608 R. A. Wyvill. 
 
 Alien, which sum is not accounted for, and do, therefore, find the 
 prisoner Guilty. 
 
 Fifth Charge — That the prisoner is Guilty. 
 
 Sixth Charge — ^That the prisoner is Guilty in having, on, or 
 about, the aSth of August, 1812, struck Drummer Woodward 
 with a horsewhip, whilst in the act of inflicting corporal punish- 
 ment on a private, in the face of the battalion then under arms, 
 but not severely, as expressed in the charge. 
 
 In consideration of the whole matter before them, the Court 
 adjudged the prisoner to be suspended from rank and pay for six 
 months, and to be publicly and severely reprimanded at such 
 time and place as His Royal Highness the Prince Regent shall 
 think fit. < 
 
 The ofi"ences, of which the Court have convicted the prisoner, 
 appearing to call for a more severe punishment than they have 
 awaJrded, the Prince Regent was pleased, in the name and on the 
 behalf of His Majesty, to command, that the Court should be re- 
 assembled, and directed to revise their proceedings. 
 
 The Court accordingly re-assenibled, on the 2Sd December, 
 IS 13, and came to the following decision : 
 
 The Court, having maturely and deliberately re-considered their 
 sentence of the 25th October, 1813, adjudged, that instead of the 
 former sentence, the prisoner be cashiered. 
 
 Still, the Court, in consideration of the prisoner's length of ser- 
 vice, and it appearing to them that he had acted more from mis- 
 taken motives for the good of the service, than design, beg leave, 
 with deference, to recommend his case to the favourable consi- 
 deration of His Royal Highness the Prince Regent. 
 
 The Prince Regent, in the name and on the behalf of His 
 Majesty, has been pleased to approve and confirm the Sentence 
 of the Court ; and His Royal Highness the Commander in Chief 
 directs, that the charges preferred against Major Wyvill, of the 
 Sd Royal Veteran Battalion, together with the opinion and Sen- 
 tence of the Court, and the Prince Regent's pleasure thereon, 
 shall be read at the head of every corps, and entered in the gene- 
 ral order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( cog ) 
 ASSISTANT SURGEON W, WILLIAMS.— 1814. 
 
 Horee Guards, 16 March, 1814. 
 
 At a General Court Martial, held with the army under Field 
 Marshal the Marquis of Wellington, in France, on the 29th No- 
 vember, 1813, and continued by adjournments to the 4th Decem- 
 ber following. Assistant Surgeon William Williams, of the 7th 
 Regiment, or Royal Fusileers, was arraigned upon the under- 
 mentioned charges, viz. 
 
 " For behaving in a scandalous, infamous manner, such as is unbecom- 
 ing the character of an Officer and a Gentleman, on, or about, the night 
 of the 19th November, 1813, at Vittoria, viz. 
 
 1st. ' By addressing Lieutenant William Robertson, of the 36th Re- 
 giment, in most highly reproachful, provoking and insulting language, 
 to the following effect, ' you have treated me like a damn'd blackguard.' 
 
 2d. ' By afteiTvards raising a bludgeon stick, or other weapon, and 
 aiming a blow with it, at the head of the above Lieutenant Robertson, 
 and striking him on the shoulder, the whole of the above being to the 
 prejudice of good order and miUtaiy discipUne, and in breach of the 
 Ai-ticles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having most duly weighed, and deliberately consi- 
 dered the evidence in support of the prosecution, together with 
 what the prisoner has brought forward in his defence, is of opi- 
 nion that the prisoner is Guilty of behaving in a scandalous, in- 
 famous manner, such as is unbecoming the character of an Offi- 
 cer and a Gentleman, on, or about, the night of the IQth of No- 
 vember, 1813, at Vittoria, viz. 
 
 1st. — By addressing Lieutenant William Robertson, of the 36th 
 Regiment, in a most highly reproachful, provoking and insulting 
 language, to the following effect, ' you have treated me like a 
 damn'd blackguard.' 
 
 2d. — ' By afterwards raising a bludgeon stick, or other weapon, 
 and aiming a blow with it at the head of the above Lieutenant 
 Robertson, and striking him on the shoulder.' 
 
 The whole of the above being to the prejudice of good order 
 and military discipline, and in breach of the Articles of War, the 
 Court sentenced the prisoner, William Williams, Assistant Sur- 
 geon in the 7th Regiment, or ^oyal Fusileers, to be discharged 
 from His Majesty's service. \ 
 
 His Royal Highness the ' Aegent has been pleased, in the 
 
 R 
 
610 J.J. Fenton. 
 
 liame and on the behalf of His Majes^, to approve and'coHfirm 
 the finding and Sentence of the Court ; and the Commander in 
 Chief directs, that the charges preferred against Assistant Surgeon 
 William Williams, tc^ether with the finding and Sentence of the 
 Court, shall be read at the head of every corps, and entered in the 
 general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JOHN JAMES FENTON.^ 1814. 
 
 Horse Guards, 18 March, 1814. 
 
 At a General Court Martial, held at Enniskillen, on the 23d 
 December, 1813, and continued by adjournments to the 30th of 
 the same month, Lieutenant John James Fenton, of the 44th (or 
 East Essex) Regiment of Foot, was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. 'Fpr scandalQiis and infamous conduct, highly unbecoming the 
 character of an Officer and a Gentleman, in having followed Captain 
 Irwin, of the Leitrim Militia, when walking in -Castle-street, Sligo, on 
 the 8.th day of October last, and after ^kiug .him if hjs name w^s Irwip, 
 upon his answering in the affirmative, ho, the said Lieutenant Fenton, in 
 a most violent, wanton, and abusive manner, telling Captain Irwin, that 
 
 ■ he was the greatest rascal in the world, and that he had been long seA- 
 
 ■ ing for an opportunity of telling him so, and that if he had a horsewhip, 
 he would lay it on, his shoulders ; the said Lieutenant Fenton havijig 
 had no provocation from, knowledge of, or acquaintance vpith Captain 
 Irwin ; all which conduct of the said Lieut. Fenton, being subversive of 
 good order and military discipline, and contraiy to the Articles of War. 
 
 2d. 'For conduct highly unbecoming the character of an Officer and 
 a Gentleman, by the said Lieutenant Fenton follovidng Captain Irwin, 
 ' in the streets of Sligo, on the 8th day <rf October last, and after asking 
 him if his name was Irvrin, upon his answering in the affirmative, he, 
 the said Lieutenant Fenton, ip a most wanton, abusive and threatening 
 manner, made use of the following languE^ge to Captain IrwiUj namely, 
 ' that^he was the greatest rascal in the world, and that he had been long 
 seeking an opportunity of telling him so j and that if he had a horsewhip 
 he wovdd lay it on his shoulders,' then in a most insvdting manner and 
 tone of voice, declaring that his name was Fenton, and that he was to be 
 found at the Linen Hall, Sligo, thereby tending to excite and provoke 
 Captain Irwin, to a quarrel, or duel, and immediately afterwards avow- 
 ing as his cause for attack, (as he alleged) the ungentlemanly and unsol- 
 dierlike conduct of Captain Irwin, and Lieutenant Colonel Cullen, to his, 
 (Lieut. Fenton's) brother, all which conduct being totally subversive of all 
 good order and military discipline and contrary to the Ai'ticles of War.' 
 
Colonels M' Donald and Peacocke. 6l 1 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having taken into their consideration the evidence 
 laid before them in support of the prosecution, as also what was 
 offered by the prisoner in his defence, found the prisoner, Lieu- 
 tenant John James Fenton, of the 44th (or the East Essex) Regi- 
 ment of Foot, Guilty of the charges exhibited against him, being 
 breaches of the Articles of War, and therefore adjudged him to 
 be dismissed His Majesty's service. 
 
 In consideration of letters produced by the prisoner, Lieute- 
 nant Fenton, one from the Hon. Lieut. Col. Guy Carleton, of the 
 44th Regiment, and the other from Brevet Lieutenant Colonel 
 Gregory, of the same regiment, the Court humbly begged leave 
 to recommend the prisoner, Lieutenant Fenton, to the gracious 
 consideration of His Royal Highness the Prince Regent. 
 
 His Royal Highness has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court; and the Commander in Chief directs, that 
 the charges preferred against Lieutenant Fenton, of the 44th Re- 
 giment, together with the finding and Sentence of the Court, and 
 the Prince Regent's pleasure thereon, shall be read at the head 
 of every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 COLONELS M'DONALD and SIR N. PEA- 
 COCKE.— 1814. 
 
 „ Horse Guards, 23 March, 1814. 
 
 MY LORD, 
 
 Colonel Torrens having laid before me your Lordship's 
 dispatch of the 8th, and its inclosures relative to the conduct of 
 the troops, and to that of Colonels M'Donald, of the 57th, and 
 Sir N. Peacocke, of the 71st Regiments in particular, 1 am to 
 acquaint your Lordship, that in reference to the assurances con- 
 veyed to you in my dispatch of the 22d July last, I could not 
 delay a moment in submitting the subject of your present com- 
 munications to the Prince Regent. 
 
 His Royal Highness very much regrets to find that instances 
 
 E R 2 
 
612 I.Shaw. 
 
 of irregularity have occurred, so disgraceful to the British army 
 and nation, and His Royal Highness is confident, that such irre- 
 gularity is attributable alone to the neglect and inattention of re- 
 gimental Officers, to the orders and regulations which your Lord- 
 - ship has from timg^to time issued for the maintenance of disci- 
 pline, and for the protection of the inhabitants of the country 
 which is the immediate theatre of your operations. His Royal 
 Highness has authorized me to bring before him the names of all 
 Officers whom your Lordship may report as having failed in this 
 essential discharge of their duty, and considering the nature of the 
 reports transmitted in your present dispatch, of the neglect and 
 incapacity manifested by the conduct of Colonel M'Donald and 
 Sir N. Peacocke, His Royal Highness desires you will acquaint 
 those Officers, that he has no further occasion for their services. 
 
 You will therefore J)e pleased to send them to England, imme- 
 diately upon the receipt of this dispatch, placing Brevet Lieute- 
 nant CeJonel Arbuthnot, of the 5th West India Regiment, to the 
 command of the 57th, and Brevet Lieutenant Colonel G. Napier, 
 of the 52d, in the command of the 71st, to the Lieutenant Colo- 
 nelcies of which corps respectively, those Officers will be ga- 
 zetted without loss of time. 
 
 I have further to desire, that your Lordship will be pleased to 
 publish this letter to the army under your command, in order that, 
 by the above named exercise of the Royal prerogative, the Officers 
 serving in France may be made aware of what the inevitable 
 consequence will be of their failure to discharge, with energy and 
 zeal, the duties they owe to their country, their profession, and to 
 their own honour : with such an example before them, they may 
 be assured that no Officer will ever be recommended to the Prince 
 Regent for promotion, who fails to merit your approbation. 
 I I am, my Lord, Your's, &c. 
 
 (Signed) FREDERICK, Commander in Chief. 
 
 Field Marshal the Marquis of Wellington, K. G. 4-c. <^c. SfC. 
 
 LIEUTENANT ISAAC SHAW.— 1814. 
 
 Horse Guards, A April, 1814. 
 At a General Court Martial, held at Brimstone Hill, St. Chris- 
 
T. C. Jolt/. 613 
 
 topher's, on the 3d and 4th November, J 81 3, Lieutenant Isaac 
 Shaw, of the 15th Foot, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st Charge — ' For repeatedly absenting himself from the regimental 
 parades, without leave, particularly on the morning of the 12th of Sep- 
 tember, 1813, such conduct being subversive of military discipline and in 
 breach of the Articles of War. 
 
 2d Charge — ' For disobedience of orders, in sleeping out of the Gar- 
 rison of Brimstone HUl, on the night of the 11th September, 1813, in 
 direct violation of the regimental orders of the 30th August last, and in 
 breach of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The prisoner having pleaded Guilty to both charges, the Court 
 are of opinion as follows : in respect to the first charge,that he is 
 Guilty. 
 
 In respect to the second charge, that the prisoner is Guilty. 
 
 The Court having found the prisoner Guilty of both charges, 
 which being breaches of the Articles of War, do, therefore, sen- 
 tence and adjudge that he, tiie prisoner. Lieutenant Isaac Shaw, 
 of the 2d Battalion of the 15th Foot, be cashiered. 
 
 Tlie Prince Regent, in the name and on the behalf of His 
 Majesty, has been pleased toapprove and confirm the finding 
 and Sentence of the Court, and His Royal Highness the Com- 
 mander in Chief is pleased to direct, that the foregoing charges, 
 preferred against Lieutenant Isaac Shaw, together with the find- 
 ing and Sentence of the Court, shall be read at the head of every 
 regiment, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 DEPUTY ASSISTANT COMMISSARY GENE- 
 RAL THOMAS CHARLES JOLY.— 1814. 
 
 Horse Guards, 6 April, 1814. 
 At a General Court Martial, held at Vittoria, in Spain, on the 
 8th December, 1813, and continued by adjournments to the 29th 
 of the same month. Deputy Assistant Commissary General Tho- 
 mas Charles Joly, was arraigned upon the undermentioned 
 charges, viz. 
 
614 T. C. Joky. 
 
 1st. ' For fraudulently receiving into tLe public store, a quantity o£ 
 barley, at an average weight of about sixty pounds the fanegas, in the 
 place of sixty-six pounds, thereby embezzling, or intending to embezzle, 
 or permitting to be embezzled, the difference between the above several 
 weights, and thus defrauding or intending to defraud the British Govern- 
 ment, to the amount of about i€738 sterUng, being the value of that 
 difference, or such part thereof, as may be found deficient, on the weigh- 
 ing of the whole in store. 
 
 2d. ' For falsely and fraudulently granting a receipt, dated the 8tb No- 
 vember, 1813, to F. Kl. Slonteverde, purporting to be for one thousand 
 three hundred and ninety-four fanegas of barley delivered by him into 
 store, when in fact only about one thousand two hundred and thirty had 
 been bona fide delivered, whereby payment was made on the weight to 
 Mr. Monteverde, for one thousand three hundred and ninety-four fanegas, 
 and the British Government would have been then defrauded to the 
 amount of ^110 : 14s. sterling, being the value of one hundred and 
 sixty-fom- fanegas, which the said Deputy Assistant Commissary Joly„ 
 had intended to embezzle, or permit to be embezzled, if the above fraud 
 had not been discovered.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having most maturely weighed, and deliberately 
 considered the evidence in support of the prosecution, together 
 with what the prisoner has brought forward in his defence, is of 
 opinion that the prisoner is Guilty of the first and second charges. 
 
 Having found the prisoner GuBty of both charges, which being 
 in breach of the Articles of War, the Court doth, therefore, 
 sentence the prisoner, Thomas Charles Joly, Deputy Assistant 
 Commissary General, to be dismissed from His Majesty's service, 
 and to be rendered incapable and unworthy of serving His Ma- 
 jesty in any office, civil or military; and the said Thomas Charles 
 Joly, shall, in addition to such punishment, make good at his own 
 expense, the sum of .£738 sterling, being the loss and damage 
 ascertained ; and the above loss and damage, ascertained as afore- 
 said, is to be recovered in any of His Majesty's Courts of Re- 
 cord, at Westminster, or in any other courts of law, having juris- 
 diction where the said Thomas Charles Joly shall be resident 
 after the said judgment shall be confirmed and made known. 
 
 Although the Court is fully sensible that on the weighing of 
 the barley in His Majesty's store, there has been satisfactorily 
 proved before it, another deficiency of 30,121 pounds of barley, 
 amounting to £Q8£ : 6s. 4d. sterling, yet that deficiency not be- 
 ing included in the charges preferred against the prisoner, the 
 
Quarter Master Jird. 615 
 
 Court doei^ not feel itsfelf authorized to adjudge the p-isoiier t® 
 make good the same. 
 
 The Court in closing its proceedings, in a case from its nature 
 intricate, cannot but remark on the difficulties it encountered in 
 drawing forth the reluctant and equivocating testimony of F. M. 
 Monteverde, the Portuguese contractor. 
 
 Hi» Royal Highness the Prince Regent has been pleased, in 
 the name and' on the behalf of His Majesty, to confirm so mudh 
 of the Sentence of the Court as relates to the dismissal of the 
 prisoner from His Majesty's service ; it appearing to the Prince 
 Regent, with reference to the balance as awarded against the 
 prisoner, that from the vagueness of the finding, and the indis- 
 tinctness of the charges and evidence, that part of the judgment 
 could not be carried into efi'ect. 
 
 The Commander in Chief directs, that the charges preferred 
 against Deputy Assistant Commissary General Joly, together 
 with the finding and Sentence of the Court, and the Prince Re- 
 gent's pleasure thereon, shall be read at the head of every corps 
 aid entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen- 
 
 QUARTER MASTER AIRD.— 1814. 
 
 Horse Guards, S April, 1814. 
 
 At a General Court Martial, held at Vieux Mongoiere, on the 
 17th January, IS 14, and continued by adjournments to the 20th 
 of the same month. Quarter Master Aird, of the 1st Battalion 
 28th Regiment, was arraigned upon the undermentioned charges, 
 viz. — 
 
 First — " For disobedience of orders and neglect of duty in the two 
 following instances : 
 
 1st. ' In not issuing to the soldiers of the regiment all the necessaries 
 and other articles received into his charge for their use, previous to De- 
 Gember, 1812, from the merchant at Lisbon, with whom his late Cmu-- 
 manding Officer, Lieutenant Colonel Abercromby, had agreed to supply 
 the regiment. 
 
 2d. 'By neglecting to remit to that merchant and fraudulently mis^- 
 plying tke money for such necessaries and articles when issued, as it 
 
6 16 Quarter Master Aird. 
 
 arose in his regimental account with the Paymaster, and had been 
 charged by him against the'men in his monthly bills with the captains 
 of companies, agreeably to the orders he had received, and the established 
 rules or the regiment, which he had previously acted upon ; whereby a 
 considerable defalcation has arisen in his regimental accounts. 
 
 Second — ' For scandalous and infamous conduct, such as is unbecom- 
 ing the character of an Officer and a Gentleman, in the two following 
 instances : 
 
 1st. ' By receiving from the regimental store, at Belem, a consider- 
 able number of soldiers' packs and other articles ; issuing them to the 
 men and charging them with the same ; and by withholding the money 
 so retained from the merchant in England, to whom it was due, to the 
 injury of the regimental credit, and by making away with, or fraudu- 
 lently misapplying the same. 
 
 2d. By defrauding two soldiers of the reg^ent of certain sums of 
 money, under pretence of borrowing the same, whilst he was under 
 arrest, for the defalcation in his accounts ; and by giving them promis- 
 sory notes, with the terms of which he has not complied, and which he 
 must have knovyn at the time he gave them, would be the case.' 
 
 Upon which charge the Court came to the following decision : • 
 
 The Court, having deliberately and maturely weighed and con- 
 sidered the evidence for, and against the prosecution, together 
 with what the prisoner has offered in his defence, is of opinion as 
 follows : 
 
 With respect to the first article of the first charge, there hav- 
 ing been no evidence produced to substantiate it, the Court finds 
 the prisoner Not Guilty. 
 
 On the 2d article of the first charge, it does find him Guilty 
 of neglect of duty, inasmuch as ' not having remitted to the mer- 
 chant at Lisbon, all the sums of money for necessaries, as they 
 arose in his account with the Regimental Paymaster, whereby a 
 considerable defalcation has arisen in his accounts with the mer- 
 chant, and of misapplying the same ;' but it acquits him of ' frau- 
 dulent motives or intentional misapplication. Of ' disobedience 
 of orders the Court finds him Not Guilty.' 
 
 The Court is of opinion the prisoner is Guilty of the first 
 part of the second charge, iq every particular relating to the sol- 
 diers' packs, and misapplication of the money, but regarding 
 the issue of other articles and fraudulency, the Court finds him 
 Not Guilty. 
 
 It is also of opinion he is Guilty of as much of the second 
 part of the second charge, as of ' borrowing money of two sol- 
 
E. Hancox. 6l7 
 
 diers, and not repaying them as agreed ;' but although he has not 
 met his obligations to them, it does not appear to the Court he 
 intended a fraud at the time the money was borrowed, and of 
 which part it acquits him. 
 
 The Court, further considering its opinion on the second 
 charge, finds the prisoner Guilty, of ' conduct unbecoming the 
 character of an Officer and a Gentleman,' but ' of scandalous and 
 infamous conduct,' that he is Not Guilty, and acquits him thereof. 
 
 The Court having found the prisoner, Quarter Master Aird, 
 Guilty to the extent herein stated, being in breach of the Arti- 
 cles of War, does sentence him to be dismissed His Majesty's 
 service, and to forfeit all arrears of pay due to him, to be ap- 
 propriated towards the liquidation of the aforementioned debt of 
 £68 : 8s. for packs, as well as the sum or sums which he has 
 neglected to remit the merchant at Lisbon, for articles received 
 of him previously to December, 1812. 
 
 The Prince Regent, in the name and on the behalf of His Ma- 
 jesty, has been pleased to approve and confirm the finding and 
 Sentence of the Court ; and His Royal Highness the Commander 
 in Chief has been pleased to direct, that the charges preferred 
 against Quarter Master Aird, together with the finding and Sen- 
 tence of the Court, shall be read at the head of every regiment, 
 and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen 
 
 LIEUTENANT EDWARD HANCOX.— 1814. 
 
 Horse Gtiards, 12 April, 1814. 
 
 At a General Court Martial, held at Exeter, on the 27th Ja- 
 nuary, 1814, and continued by adjournments to the 5th February 
 following, Lieutenant Edward Hancox, of the 11th Regiment of 
 Foot, was arraigned upon the undermentioned charges, viz. 
 
 1 St. ' For improperly detaining in his possession several articles of 
 public stores, general orders and regulations, after being directed, in or- 
 ders, to hand them over to the Officer who succeeded him in the situa- 
 tion of acting Adjutant and Quarter Master, such conduct being sub- 
 versive of raUitaiy disciphne, extremely injimous to the service, and in 
 breach of the Articles of War. 
 
618' E. Hancox." 
 
 2d. ' Pot taking, and atteiiaptiHg to defraud Serjeant Latirence, of the 
 1 1th Regiment, of a gold seal, which he kept in his possession for se- 
 veral- months, and on the Serjeant's frequent applications to him for the 
 sanie, his having sometimes made him promises of remuneration, and 
 at others grossly and violently abused him, and not delivering to the ser- 
 jtent the gold seal, until twice -ordered by his Commanding Officer to 
 do so, such conduct being derogatory to the character of an Officer and 
 a Gentleman, and highly injurious to the service. 
 
 3d. ' For withholding fromSerj^ant P^tipatrick, of the 11th Regimefifc, 
 a sum of money, and violating his promise made to his Commanding 
 Officer, that he would settle this transaction, previous to his leaving Ae 
 regimental dep6t, such conduct being unworthy the character of an Offi- 
 cer and a Gentleman, and highly injurious to the service. 
 
 4th. ' For improperly absenting' himself from the regimental depot,, 
 after his release from a confinement for debt, in Ae common goal o£ 
 Barnstaple, which confinement prevented his taking charge of a detach- 
 ment of the regiment (with which he was commanded) and proceeding' 
 to Plymouth, tnthout having pretiiously made known his intentiolK t* 
 his Commanding Officer, or repbrting to his Commanding Officer his re- 
 lease from such confinement, such conduct being highly injmious to the 
 service, in direct violation of the respect due to command, and contrary 
 to the Articles of War. 
 
 5th<, or Additional Charge. — ' For'disobediende of orders, in not joiiUB^ 
 the d6p6t of the regiment, when <»dered by Major General Browne at 
 Plymouth, so to do, on,, or about, the 9th of October last, and not re- 
 tmiring until the 23d of December following, having jfbsented himself 
 dmdng the whole tif that period, vrithont dae authority, in ln%acb of ths 
 Articles of War.' 
 
 Upon which charges the Court came to the foUowmg desei- 
 sioit: 
 
 The Court, after tiie most mature consideration of the evidence, 
 as well for, as against the prisoner. Lieutenant Edward Hancox, 
 of the 1 Ith Regiment of Foot, is of opinion that he is Guilty of 
 the first charge, in breach of the Articles of War. 
 
 With regard to the second charge, the Court find the said pri- 
 soner Guilty of having had possession of the gold seal, belonging'' 
 to Serjeant Laurence, of the Uth Regiment of Foot, but acc^uit 
 him, of having intended to defraud the Serjeant, or of having 
 abused him when be applied for the same. 
 
 The Court find the prisoner Guilty of the whole of the third, 
 fourth, and fifth charges, which being in breach of the .Article* 
 of War, do adjudge him, the said Lieutenant Edward Hancox, 
 to be cashiered. The Court, afiet discharging this painful part 
 of their duty, in consideration of the long and faithful services of 
 
M. Oates. 619 
 
 the prisoner, and regarding the honourable testimonials of his 
 former good conduct, which have been produced to the Court, 
 do most humbly beg to recommend the said I^ieutenant E. Han- 
 cox to His Royal Highness the Prince Regent for mercy. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court ; but His Royal Highness has expressed 
 his surprise, that the Court should have been induced, in the 
 present instance, to allow their feelings so far to blind their judg- 
 ment, as to induce the recommendation to mercy of a person so 
 situated as the prisoner ; the prevalence of such recommendations 
 by Courts Martial, in the body of their proceedings, where the 
 sentence is discretionary with the Court, is not only irregular in 
 itself, but most embarrassing to the Sovereign, who is alone ta 
 judge whether the circumstances cif a case, when considered with 
 the general good of the service, can admit the exercise of mercy 
 in the confirmation of a sentence. 
 
 The Commander in Chief directs, that the charges preferred 
 against Lieutenant Hancox, together with the finding and Sen- 
 tence of the Court, and the Prince Regent's pleasure thereon,, 
 shall be read at the head of every corps, and entered in the 
 general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT MARK GATES.— 1814. 
 
 Horse Guards, 16 April, 1814. 
 At a General Court Martial, held at Hilsea Barracks, on the 
 3 1st January, 1814, and continued by adjournments to the 4th 
 February following, Lieutenant Mark Oates, of the 21st Foot, 
 or Royal North British Fusileers, was arraigned upon th© under- 
 mentioned charges, viz. 
 
 1 St. ' For insubordinate and ungentlemanlike conduct towards his su- 
 perior Oificer, Captain John Tucker, of His Majesty's 27th (or Innis- 
 kUling) Regiment of Foot, on, or about, the night of the 28th October, 
 1813, on board the Essex transport, in saying that he would not obey 
 his orders, and repeatedly and contemptuously saying, ' he set them at 
 defiance.' 
 
620 M. Oates. 
 
 2d. *■ For behaviour unbecoming an Officer and a Gentleman, on, or 
 about, the night of the 28th October, 1813, in making use of abusive, 
 infamous, and scandalous expressions against his superior Officer, Cap- 
 tain John Tucker, in presence of Captain Henry Rutherford, of His Ma- 
 jesty's 35th (or the Sussex) Regiment of Foot. 
 
 3d. ' For highly insubordinate conduct, unbecoming an Officer and a 
 Gentleman, on, or about, the evening of the 15th November, 1813, on 
 the quarter deck of the Essex transport, in wantonly and provokingly 
 making use of threatening and abusive language to, and against Captain 
 John Tucker, his superior Officer, and Commanding Officer on board, 
 in presence of the soldiers under his command, such conduct being sub- 
 versive of military discipline, dangerous to His Majesty's service, and in 
 breach of the Articles of War. 
 
 4th. ' For most scandalous and infamous conversation, and for threat- 
 ening expressions, vrhilst under arrest, against his superior Officer, Cap- 
 tain John Tucker, on, or about, the 11th December, 1813, such conduct 
 being unbecoming an Officer and a Gentleman, subversive of all good 
 order and in breach of the Articles of War.' 
 
 Upon which charges the Court came to the following deci- 
 sion : 
 
 The Court, having very maturely considered the evidence 
 brought forward on the part of the prosecution, together with 
 that of the prisoner in his defence, is of opinion that he. Lieute- 
 nant Mark Oates, is Guilty of the first and second charges. 
 
 The Court also finds the prisoner Guilty of the third charge, 
 with the exception of making use of abusive language to and 
 against Captain John Tucker, as expressed therein, of which 
 part of the charge the Court acquits him accordingly. 
 
 And of the fourth charge, the Court finds the prisoner Guilty. 
 
 Having found Lieutenant Mark Oates Guilty to the extent 
 aforesaid, of the charges exhibited against him, the Court does, in 
 consequence, sentence him to be dismissed His Majesty's service. 
 
 His Royal Highness the Prince Regent has been pleased, 
 in the name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court ; and the Comman- 
 der in Chief directs, that the charges preferred against Lieute- 
 nant Mark Oates, together with the finding and Sentence of the 
 Court, shall be read at the head of every corps, and entered in 
 the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 621 ) 
 MAJOR STEPHEN ORMSBY.— 1814. 
 
 Herse Chtards, 18 /Ipril, 1814. 
 
 At a General Court Martial, held at Athlone, on the 8th and 
 
 9th February, 1814, Major Stephen Ormsby, of the Westmeath 
 
 Regiment of Militia, was arraigned upon the undermeutioned 
 
 charge, viz. 
 
 ' For embezzlement, or misapplication of money entrasted to him for 
 the general purposes of the recruiting service, of the Westmeath Regi- 
 ment of Militia, amounting to ^905 : 16*. 2d. or thereabouts, being 
 a balance of money advanced to him for the above purposes, by Pay- 
 master Aldricb, of the Athlone Recruiting District, between the 25th 
 day of March, 1812, and the 24th day of March, 1813, and for refus- 
 ing and neglecting to account for such balance, although repeatedly ap- 
 plied to for that purpose.' 
 
 Upon which charge the Court came to the following deci- 
 sioh : 
 
 The Court, having taken into their consideration the evidence 
 in support of the prosecution, together with what the prisoner. 
 Major Stephen Ormsby, has offered in his defence, are of opinion 
 that the prisoner is Guilty of the charge to its full extent, which 
 being in breach of the Articles of War, the Court do, therefore, 
 adjudge the prisoner, Major Stephen Ormsby, of the Westmeath 
 Regiment of Militia, to be dismissed His Majesty's service ; and 
 further, that the said Major Stephen Ormsby shall make good the 
 deficiencies as proved, amounting to the sum of <£'905 : l6s. 2d. 
 sterling ; and that all the arrears of pay and other military allow- 
 ances whatsoever, which may be due to Major Ormsby, shall 
 be appropriated towards the liquidation of the debt. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charge, together with the 
 finding and Sentence of the Court, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 622 ) 
 
 LIEUTENANT JAMES DUFF.— 1814. 
 
 Horse Guards, 3 June, 1814, 
 
 jAt a General Court Martial, held at Bilboa, on the £7th Ja 
 rltuary, 1814, and continued by adjournments to the 8th February 
 following. Lieutenant James Duff, of the 1 1 th Regiment of Eoot, 
 was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For. disobedience of orders^ and neglect of dvity, in quitting San- 
 tander, on, or about, the 16th December, 1813, without communicating 
 with the commandant there previously. 
 
 2d. ' For taking away with him, and endeavoui-ing to carry off to 
 England, private P. Donnovan, of the 11th Regiment, without proper 
 leave or authority. 
 
 3d. ' For unofficerlike and ungentlemanlike conduct, in leaving, when 
 he quitted the town, several debts and demands of the inhabitants there 
 against him unsatisfied. 
 
 4th. ' For irregular conduct and disobedience of orders, in going on 
 board a vessel, at Bilboa, on, or about, the 23d of December, 1813, with 
 the intention of sailing for England, without previously acquainting the 
 commandant there. 
 
 5th. ' For scandalous and infamous conduct, such as is unbecoming 
 the character of an.Oflicei and a Gentlemen, in the three following in- 
 stances : 
 
 1st. " By drawing, at the stores, at Bilboa, on, or about, the 22d 
 •and 23d of December, 1813, before he went on board the vessel as above 
 stated, for about 29 days' rations, and then selling a considerable pai't 
 !0f the same, 
 
 2dly. ' By buying a horse, at Santander, of Mr. Lewis O'Brien, for 
 about 140 dollars, and giving a bill, on England, for ^640 : 13«. 6d., for 
 the amount, which has been since refused payment, and by selling the 
 horse in the mean time, for about 60 dollars to raise money. 
 
 3dly. " By fraudulently representing to Mr. Valentine Caglater, a 
 shopkeeper, at Bilboa, that he wanted a quantity of shoes for the Quar- 
 ter Master of his regiment, at St. Jean de Luz, promising to pay for the 
 same when he returned from his biUet, and by afterwards seUing the 
 shoes so obtained from Mr. Caslater, to procure money, and going on 
 hoard the vessel with the intention of sailing for England, without hav- 
 ing paid for the same ; the whole of the above being to the prejudice of 
 good order and miUtai-y discipUne, and in breach of the Articles of War." 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having weighed and considered what has been ad- 
 duced in support of the charges exhibited against the prisoner, 
 Lieutenant James Duff, of the 1 1th Regiment of Foot, as well as 
 what he, the prisoner, Lieutenant James Duff, has brought for- 
 ward in his defence, is of opinion that he, the prisoner, Lieute- 
 
J. Duf. ees 
 
 nant James Duff, of the 1 1th Regiment of Infantry, is Guilty of 
 ■the 1st charge; but is further of opinion that he, the prisoner, 
 Lieutenant James Duff, had the Commander in Chief's leave to 
 proceed to England, as mentioned in the general order, dated at 
 St. Jean de Luz, 27th November, 1813. 
 
 The Court is also of opinion that the prisoner. Lieutenant 
 James Duff, of the 11th Regiment of Foot, is Guilty of the 2d 
 and 3d charges. 
 
 With regard to the 4th charge, the Court is opinion that he, 
 the prisoner, Lieutenant James Duff, 11th Regiment, is Not 
 Guilty thereof (of the aforementioned 4th charge), and does 
 therefore acquit him, the prisoner, Lieutenant James Duff, thereof. 
 
 The Court is further of opinion, with regard to the first part 
 of the 5th charge, viz. : * by drawing at the stores of Bilboa, on, 
 or about, the 22d and 23d of December, 1813, before he went on 
 board the vessel, as above stated, for about ,twenty^nine days' ra- 
 tions, and then selling a considerable part of the same, that the 
 prisoner. Lieutenant James Duff, 11th Regiment of Fpot, is 
 Guilty ; and is further of opinion, he, the prisoner, had Captain 
 Swain, the Commandant's permission, for drawing the twenty- 
 nine days' rations, on, or about, the 22d and 2Sd of December, 
 1813, with the exception of the horse and private servant, which 
 he, the prisoner. Lieutenant James Duff, was not authorized to 
 insert.' 
 
 The Court is further of opinion that, in regard to the 2d part 
 of the 5th charge, viz. * by buying a horse, at Santander, of Mr. 
 Lewis O'Brien, for about 140 dollars, and giving a bill on Eng- 
 land for ,if 40 : 13s. Gd. for .the amount, which has been since re- 
 fUsed payment, and by selling the horse in the mean time for 
 about 60 dollars, to raise money,' the prisoner did purchase a 
 horse for <£40 : 13s. 6d., but it does not appear to the Court, that 
 the bill for this amount was presented, and consequently could 
 not be protested. 
 
 The Court is of opinion in regard to the 3d part of the 5th 
 charge, namely, ' by fraudulently representing to Mr. Valentine 
 Caslater, a shop-keeper, at Bilboa, that he wanted a quantity of 
 shoes for the Quarter Master of his regiment, at St. Jean de Luz, 
 promising to pay for the same, when lie returned from his billet. 
 
624 J. Duff. 
 
 and by afterwards selling the shoes, so obtained from Mr. Caslater, 
 to procure money, and going on board the vessel, with the inten- 
 tion of sailing for England, without having paid for the same,' the 
 prisoner, Lieutenant James DuflF, 11th Regiment, is Guilty of 
 the whole of the above charge ; with the exception of going on 
 board the vessel. 
 
 The Court, therefore, having found the prisoner. Lieutenant 
 James Duff, of the 11th Regiment of Foot, Guilty of the 1st, 
 2d, and 3d charges, as also of the 1st part, and part of the 3d part 
 of the 5th charge as beforementioned, which being to the preju- 
 dice of good order and military discipline, and in breach of the 
 Articles of War, does sentence the prisoner. Lieutenant James 
 Duff, to be dismissed from His Majesty's service, and to be 
 .rendered incapable of serving His Majesty in any capacity what- 
 ever. 
 
 It also further appears to the Court, that the undermentioned 
 
 sums should be made good by the prisoner. Lieutenant James 
 
 Duff, viz. 
 
 I>. 
 
 Mr. Valentine Caslater, shopkeeper, at Bilboa . .100 
 Antonio de Gordez, merchant of Santander ... 20 
 Antonio Genia, mistress of a Wine House, Santander 4 
 
 Josefa da Goitia, shopkeeper, at Bilboa .... 6 
 John Lipps, master of the English Hotel, Santander 9 
 
 s. 
 
 D.Vint, 
 
 4 
 
 
 
 
 
 
 
 
 
 1 
 
 
 Reals. 
 
 
 
 7 
 
 
 s. d. 
 
 4 
 
 9 
 
 s. d. Reals. Vint. 
 Dollars 139 8 9 7 1 
 
 And also to Mr. Lewis O'Brien, the American Consul, at 
 Santander, the sum of £40 : 13s. Qd. if the 2d and 3d Bills of 
 Exchange have not been paid by Messrs. Greenwood, Cox, and 
 Co. The Court is also of opinion that the prisoner. Lieutenant 
 James Duff,, might have been confined in some other place be- 
 sides the common gaol of Bilboa ; where it would appear there 
 was no difference made between him and the common offenders 
 of the country. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve the find- 
 ing, and confirm so much of the Sentence of the Court, as ad- 
 
H. G. Kersteman. 615 
 
 judges the prisoner to be disnrissed from His Majesty's service ; 
 and the Commander in Chief directs, that the charges preferred 
 against Lieutenant James Duff, together with the finding and 
 Sentence of the Court, and the Prince Regent's pleasure thereon, 
 shall be read at the head of every corps, and entered in the gene- 
 ral order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 SECOND LIEUT. H. G. KERSTEMAN.— 1814. 
 
 Horse Guards, 6 June, 1814. 
 
 At a General Court Martial, held at Rosendaal, in Holland* 
 on the,24th February, 1814, Second Lieutenant Henry Gobius 
 Kersteman, of the Royal Regiment of Artillery, was arraigned 
 upon the undermentioned charges, viz. 
 
 1st. ' For having behaved in a scandalous manner, smd as is unbecom- 
 ing the character of an Officer, in having, between the hours of 12 and 
 two o'clock of the day of the 11th of February, 1814, forcibly broken 
 open, or caused to be broken open, the cellar door of a house, near to 
 Rosendaal, of having entered therein, and caused to be taken therefrom 
 a quantity of wine. 
 
 2d. ' For having, in breach of all discipline, called to his assistance 
 an ai-tillery driver, and having employed hito in the forcing of the afore- 
 said door, and also calling another artillery driver to assist in the re- 
 moval of the aforesaid wine. 
 
 ' These charges being in breach of the 28th Article of the 1 6tb Section 
 of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 The prisoner, Second Lieutenant Henry Gobius Kersteman, 
 of the Royal Artillery, having pleaded Guilty to both the charges 
 preferred against him, and which being in breach of the 28th Ar- 
 ticle of the l6th Section of the Articles of War, the Court do, 
 therefore, sentence the prisoner. Second Lieutenant Henry Go- 
 bius Kersteman, of the Royal Artilkry, to be dismissed His Ma- 
 jesty's service. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of is Majesty, to approve and confirm the finding and ' 
 Sentence of the Court ; and the Commander in Chief directs, 
 that the foregoing charges,^ preferred against Second Lieutenant 
 
 s s 
 
^36 U- CrooMianh. 
 
 Henry Gobius Kerstenaan, of the Royal . Artillerjf, together with 
 the finding and Sentence of- the Court, shall be read at the head of 
 every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief.. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B, Second Lieutesnant Kerst^man was afterwards restored 
 (o his commission, and is now a Tlrst Lieutenant in the corps. 
 
 — Editor. 
 
 tlEUTE'NANT R. GROaKSHANK.— 1814. 
 
 Horse Guards, 8 June, 1814. 
 
 At a General Court, Martti^l,; hdd at York,< dn the QQ«h of Fe- 
 bruary, 1814, and coirtinued' by a(§oiutiments to the 5th Mk-eh 
 following, Lieutenant Richard Crobkslaidt, of the 4th Dragoon 
 Guards, was arraigned upon the undermentioited changes,- viz. 
 
 1st.. ' For eeriduet subversive of good order amtimliteuy disciblini^, in 
 i$illg'i&s)altisg;dnditepFoa(ifalul words to Captafn^Ifenry Ttafffardj of the 
 4tli Itegpfett Gilards, On the evening of the 141* Jiatauary,'. 18 14^ at the 
 Queen's fiead Inn-.i Newca^fe on. Tyne, and fsrrbpelatiiig die same in- 
 sulting, aild repuoaefifui words on the itsOo^nrmg daiy, in presence of seve- 
 ral Officers of the 4th Dragoon Guards, viz. " that what CEtptaSn Traf- 
 fordhad (said)ias^ted-, was eiroHeoiis and f^e,. and that he, liieute- 
 nant Grodtshanlc, wouhlnotsitddwnui compairy widi Captain TWtford," 
 thereby; evidently endeavouijing tojpnovoke.CaptaMr Traftbrd to fight a 
 duel with him, all which is a breach of the Articles of War. 
 
 2d. ' Ebr conduct sitbverswe o£ good order and military discipline^ in 
 declaring in the presence of several Officers of the 4th Dragdon' Guards, 
 op,,or abcnit,, the; 1.6th or 17th, of Januauy, 1814, that he. Lieutenant 
 Crbokshank, would ever consider Captain Trafford not a Gentleman, and 
 fwrther, that Captain Traffijrd was a coward' and a scoundrel, and that he. 
 Lieutenant Clrotdcshanli; would go to the farthest' patt of the world' to 
 fight him.' 
 
 Upon which charges the Court came to the following decision: 
 
 The Court, having deliberately weighed and considered what 
 
 has been adduced in support of the prosecution, together witb &e 
 
 prisoner's defence, is of opinion that he, Lieutenant Richard 
 
 Crookshank, of the 4th Dragoon GuM-ds, is Guilty, of the list 
 
 charge. 
 
 The Court is also of opinion that Lieutenant R. Crookshank 
 
 is Guilty of the 2d charge, which being in breach of the Articles 
 
fV. Power. 627 
 
 of War, the Court doth adjudge hiWii Lieutenant Kichard Crook-^ 
 shaiik, to be cashiered. 
 
 But the Court cannot close its proceedings without comment- 
 ing upon the great provocation offered to th« prisoner^ by Cap- 
 tain Trafford, and in consideration of the Unprovoked and illiberail 
 sentiments of Captain Trafford to that brainch of His Majesty's 
 service to which the prisoner had belonged, d6 humbly beg to 
 recommend him. Lieutenant Crookshank, to His Royal High' 
 ness the Prince Regent's consideration. 
 
 His Royal Highness the Prifice Regent has been pleasedj in the 
 name and on the behalf of His Majesty, to approve and confirm 
 the finding and Sentence of the Cotirt ; and the Commander Si 
 Chief directs, that the foregoing charges, preferred against Lieute- 
 nant Crookshank, together with the finding and Sentence of the 
 Court, shall be read at the bead of every corpS, and entered in 
 th« general order book. 
 
 By command of H. R. H. the Commtmde^ in Chief; 
 HARRY CALVERT, Adj. Geii. 
 
 N. B. Lieutenant Crookshank in now upon the Half-pay of the 
 regiment. — Captain Trafford was also placed upon Half-pay,- 
 andcfiedin 1816. — Editor. 
 
 ENSIGN WILLIAM POWER.— I8I4. 
 
 Horse Guards, 10 June, 1814. 
 At a General Court Martial, held at Ipswich Barracks^ oil 
 the nth March, 1814, and continued by adjournments to the 
 17th of the same month, Ensign William Power, of the 2d Bat- 
 talion 63d Regiment, was arraigned upon the undermentioned 
 charge, viz. 
 
 ' For highly insiibordinate conduct, unbecoming the character of an 
 Officer and a Gentleman, on the morning of the 3d March, 1814/ 
 
 Upon which charge the Court came to the following decision ; 
 
 The Court, having taken into their consideration, and maturely 
 weighed the evidence laid before them, in support of the prose- 
 cution, as also what was offered by the prisoner. Ensign William 
 Power, of the 63d Regiment, in his defence, is of opinion that 
 
 s s 2 
 
,628 B. SlraRer. 
 
 he is Guilty pf the crime laid to his charge, oaraely, * of highly 
 insubordinate conduct, unbecoming the character of an Officer 
 and a Gentleman, on the morning of the 3d March, 1814,' being 
 a breach of the 2d Article of the 24th Section of the Articles of 
 War ; and doth, therefore^ adjudge him. Ensign William Power, 
 of the 63d Regiment, to be dismissed from His Majesty's ser- 
 , vice, and to be rendered incapable of ever serving His Majesty 
 again, in any military capacity whatever. 
 
 The Prince Regent has been pleased; in the name and on the 
 behalf of His Majesty, to approve the finding and confirm so 
 much of the Sentence of the Court, as adjudges the prisoner to 
 be dismissed from His Majesty's service ; and His Royal High- 
 ness the Commander in Chief directs, that the charge preferred 
 ■ against Ensign William Power, of the 63d Regiment, together 
 with the opmion and Sentence of the Court, and the Prince 
 Regent's pleasure thereon, shall be read at the head of every 
 corps,, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT BISHOP STRAKER.— 1814. 
 
 Horse Guards, 11 June, 1814. 
 
 At a General Court Martial, held at Parkhurst Barracks, in 
 the Isle of Wight, on the 24th March, 1814, and continued by 
 adjournments to the 26th of the same month. Lieutenant Bishop 
 ^traker, of the 4th Battalion 60th Regiment, was arraigned upon 
 the undei-mentioned charges, viz. 
 
 1st. ' For scandalous and infamous behaviour, highly unbecoming the 
 character of an Officer and a Gentleman, in assaulting Ensign Blair, of 
 the 7th West India Regiment, on the public parade ground, at Park- 
 burst Barracks, on the morning of the 18th March, 1814, and giving 
 him (Ensign Blair), two violent blows with a stick, by which he re- 
 ceived a severe contusion on the head. 
 
 2d., ' For breaking his arrest on the night of the 18th March, taking 
 with him loaded pistols, declaring he would shoot some person or per- 
 sons, to the prejudice of good order and military discipline.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having duly and deliberately considered the evi- 
 dence given in support of the prosecution, as well as that ad- 
 
R. Jones. 62g 
 
 duced by the prisoner in his defence, is of opinion with respect to 
 each article of charge as follows : 
 
 With respect to the first article of charge, that the prisoner, 
 Lieutenant Bishop Straker, is Guilty. 
 
 With respect to the second article of charge,, that the prisoner 
 is Guilty ; and upon the whole , matter before them, the Court 
 does adjudge the prisoner. Lieutenant Straker, of the 60th Regi- 
 ment, to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court; and the Com- 
 mander in Chief directs, that the foregoing charges, preferred 
 against Lieutenant Bishop Straker, of the 4th Battalion 60th 
 Regiment, together with the finding and Sentence of the Court, 
 shall be read at the head of every corps, and entered in the^e- 
 neral order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT ROBERT JONES.— 1814. 
 
 Horse Guards, 1 July, 1814. 
 
 At a General Court Martial, held at Colombo, in the Island 
 of Ceylon, on the 15th July, IS 13, and continued by adjourn- 
 ments to the 19th of the same month. Lieutenant Robert Jones, 
 of His Majesty's 2d Ceylon Regiment, was arraigned upon the 
 undermentioned charges, viz. 
 
 " For conduct highly unbecoming the character of an Officer and a 
 Gentleman, in the following instances : 
 
 1st. ' For having absented himself from his guard, without leave, on 
 the night of the 2d, or morning of the 3d instant, and returning to it 
 drunk, he being then on garrison duty, and in charge of the main guard, 
 in the Fort of Colombo. 
 
 2d. ' For gross neglect of duty, in omitting to report, for the infor- 
 mation of the Captain of the day, and the Commandant of the gairison, 
 the circumstance of private Francis Loughran, of the 19th Regiment, 
 one of the sentinels belonging to the main guard, being found (on the 
 night of the 2d instant) drunk, asleep, and at a distance from his post, 
 and for releasing that sentinel from the confinement in which he had 
 previously placed him, in the presence of the non-commissioned Officers 
 and privates of the main guard (whom he had assembled for that pur- 
 
03O R. Jones,' 
 
 pose^, \f^ a jimnner highly indecorous, discijedit^ble to the service; dis- 
 graceful' to himself, and subversive of military discipline and subordi- 
 nation. 
 
 3d. ' For falsely assorting in the presence and in the he^ng of the 
 ^oldiers of the water gate guard, commanded by Ensign Robert Lay- 
 ton, of His Majesty's 19th Regiment, on the night of the 2d, ormorn^ 
 iiig of the 3d instant, that he, the said Ensign Layton jvas drunk, or in. 
 liijaor, or using words to that effect, thereby attempting to prejttdice 
 and degrade th? character of that Officier.' 
 
 Upon which charges the Court came to the foUowhig; deci': 
 s\pia: 
 
 The Court, having maturely weighed and considered the evi-r 
 dence in support of the prosecution against the prisoner, Lieute- 
 nanf Robert Jones, of His Majesty's 2d Ceylon Regiment, and 
 given due weight to such matters as he has been enabled' to urge 
 ip his defence, is of opinion that he, the said Lieutenant Robert 
 Jones, is Guilty of the whole and every part of the charges so 
 preferred against him. 
 
 The Court, in consideration of the offeitces of which the pri- 
 soner. Lieutenant jRobert Jones, has been so found Guilty as 
 ^'foresaid, the same being in breach of the Articles of War, doth 
 adjudge him, the said Lieutenant Robert Jones^ to be cifishfered, 
 and he is hereby cashiered accordingly. 
 
 Hi^ Royal Highness the Prince Regent has been pleased, in 
 tjie nape ^nd on the behalf of H's Majesty, to approve the find- 
 ing and to confirm so much of the seqt^nce of the Court, as ^^t 
 judgesi thp prisoner to be cashiered. The Prijice Regeijt lias at 
 tJie same time directed it to be rem^irked, that in the concluding 
 words of the sentence, the Court have exceeded the power and 
 apfhority vested in them. 
 
 The Commander in Chief directs, that the foregoing charges, 
 ^jfreferfed against Lieutenant Robert Jones, of His Majesty's 
 3d Ceylon Regiment, together with the finding and Sentence pif 
 tne Court, and the Prince Regent's remarks thereon, shall be 
 read at the head of every corps, and entered in the general order 
 pooik. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
J. Bridges. 631 
 
 PAYMASTER J. LANCASTER.— 1814. 
 
 Horse Guards, 3 July, 1814, 
 At a General Court Martial, held at Boucaut, on the 4th and 
 5th of April, 1814, Paymaster J. Lancaster, of 2d Line Batta- 
 lion King's German Legion, was arraigned upon the undermen- 
 tioaed charge, viz. 
 
 ' For being engaged directly, or indirectly, at sewral times during the 
 year 1813, in traffic or commerce, and in business of a private nature, 
 as a sutler, in direct disobedience of the general orders of His Royd 
 Highness the Commander in Chief, of the 24th July, 1812.' 
 
 Upon which charge the Court came to the following decision ; 
 
 The prisoner having pleadeid Guilty to the charge preferred 
 against him, which charge involves a breach of the order issued 
 by His Royal Highness the Commander in Chief of the 24th 
 July, 1812, the Court does sentence him to be dipnmed His 
 Majesty's service. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to confirm the Sen- 
 tence of the Court ; and the Commander in Chief directs, that 
 the foregoing charge, preferred against Paymaster Lancaster, of 
 the 2d Line Battalioq, King's German Legion, together with 
 the Sentence of the Cflwrt, shall be read ^t the head of every 
 corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gep. 
 
 CAPTAIN JOSEPH BRIDGES.— 1814. 
 
 Horse Gtiards, 5 July, 1814. 
 
 At a General Court Martial, held within Edinburgh Castle, 
 on the 18th April, 1814, and continued by adjournments to the 
 Q9th of the same month. Captain Joseph Bridges, of the Royal 
 Westminster Regiment, was arraigned upQU the und^rmentioined 
 charges, viz. 
 
 1st. ' For repeated disobedience of, and contempt fori the order of 
 his superior and immediate Commanding Officer, Major Gore, particu-' 
 iarly in the following instances : 
 
 Fifst. ' In not attending to the inspection and state of the several 
 squads entrusted to his care, while on duty at Pennycujck, after he was. 
 
632 'J. Bridges. 
 
 positively and officially enjoined by the Adjutant^ by order of Major 
 Gore, to do so. 
 
 Second. ' In continuing to live in lodgings, and not going into and 
 occupying his barrack-room, although a positive order was issued on 
 that subject, on the 4th of March,iI18l4. 
 
 Third. ' In appearing on the parade of the garrison guard of Penny- 
 cuick, when for duty, on the 9th of March last, dressed in direct oppo- 
 sition to a positive order issued on the 2d February, 1814. 
 
 2d. ' For writing two insulting letters to the prosecutor. Major Gore, 
 his immediate Commanding Officer, one dated 3d Feb. 1814, making a 
 groundless complaint against the prosecutor, for not including in the 
 fuel returns, the name of the said Captain Bridges, who was not living 
 in his barrack -room, but in private lodgings at the time, and containing 
 a most false and injurious accusation against: the said Major Gore, of 
 making false returns knowingly and wilfully ; and the other dated the 
 5th of said month and year, in which the said Captain Bridges persists in 
 his said groundless complaint «id accusation, in terms disrespectful to his 
 said Commanding Officer, and this notwithstanding: Major Gore's ex- 
 planation, in writing, of the 3d February-last. 
 
 "3d. ' For inkking use of language unbecoming an Officer and a Gen- 
 tleman, relative to his superior and immediate Commanding Officer, the 
 said Major Gore, while he. Captain Bridges, was on guard at the Vally- 
 field dfep6t, on the 9th March, 1814, and making use of such language 
 in the presence of Officers then on duty. 
 
 4th. * For conduct unbecoming the character of an Officer and a 
 Gentleman, in haying behaved in an improper and indecent manner in 
 the parish church of Pennypuick, during the performance of divine wor- 
 ship, upon Sunday, the — day of February last, and that to such a 
 degree, as to oblige the Reverend Mr. Coidston, the officiating clergy- 
 man, to interrupt the service, and thereafter to present a complaint to 
 the prosecutor, 9s Commanding. Officer of the corps, against the said 
 Captaiij Bridges, which conduct was not only improper in itself, but a 
 most pernicious example to the soldiers there present, as well as calcu- 
 lated to bring the military into disrespect in the country. 
 
 5th. ' For absenting himself, without leave, from the garrison of Pen- 
 nycuick, on, or about, the 10th of March last, when on duty, and re- 
 fusing to return to the garrison, though directed to do so by Lieutenant 
 Colonel AUen, Commanding Officer at the head quarters of the Royal 
 Westminster Regiment, and for taking with him, or prdering away 
 from the garrison, on, or about, the same day, without leave, a private 
 soldier of the said regiment, named Thomas Sumner, being on the 
 strength pf the detachment of the S3id regiment, doing duty at Penny- 
 •cuick. 
 
 AH of which offences are unbecoming the character of an Officer and 
 a Gentleman, inconsistent with military subordination, and in breach of 
 the Articles ;0f War.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having deliberately considered the charges, de» 
 
J. Bridges. 363 
 
 fence, evidence on both sides, and the whole proceedings^ is of 
 opinion as follows : 
 
 That the prisoner is Not Guilty of the first count of the first 
 charge,- and does therefore acquit him thereof. 
 
 The Court is of opinion that the prisoner is Guilty of the se- 
 cond count of the first charge, but though the Court has thought 
 it their duty to find the prisoner Guilty of this count of the first 
 charge, yet they are of opinion, that, from the difficulty in pro- 
 curing barrack furniture in the village of Pennycuick for the very 
 few days which it appeared the prisoner remained at that place 
 after the 4th March, that he is not so culpable as would other- 
 wise have been the case. 
 
 The Courtis of opinion that the prisoner is Guilty of the third 
 count of this charge, 
 
 The Court is of opinion that the prisoner is Not Guilty of the 
 second and fourth charges, and does therefore acquit him thereof. 
 
 The Court is of opinion that the prisoner is Guilty of the third 
 charge. 
 
 With respect to the 5th charge, the Court is of opinion that 
 the prisoner is Guilty thereof, excepting so far as relates ' to the 
 taking or ordering Private Thomas Sumner away from the garri- 
 son of Pennycuick,' of which part of the said charge the Court 
 does therefore acquit him. 
 
 In respect of those parts of the above charges, of which the 
 prisoner has been found Guilty, being breaches of the Articles of 
 War, the Court does, therefore, sentence the prisoner. Captain 
 Joseph Bridges, to be dismissed from the Royal Westminster 
 Regiment of Militia. 
 
 The Prince Regent, in the name and on the behalf of His Ma- 
 jesty, has been pleased to approve and confirm the finding and 
 Sentence of the Court ; and His Royal Highness the Commander 
 in Chief diiects, that the charges preferred against Captain 
 Bridges, together with the finding and Sentence of the Court, 
 shall be read at head of every regiment, and entered in the ge- 
 peral order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 634 ) 
 CAPTAIN EDWARD FITZPATRICK.— 1814, 
 
 Jlorse Guards, 7 Juli/,. 1814, 
 At a General Court Martial, held at Schild, in Holland, on the 
 S5th April, 1814, and continued by adjournments to the g7th ojf 
 the pame month. Captain Edward Fitzpatrick^ of the 33d Regi- 
 ment of Foot, was arrjjigned uppn th^ ^ncl^fineiitioned chajges, viz. 
 1st. ' For conduct Hghly unbecoming the character of an Officer and 
 a Gentleman, in appearing in a state of intoxication on the public pa- 
 rade, or place of assembly Of the 33d Regiment, on the erenihg of the 
 5th of February last, whea that r^iperi was preparing to go into 
 the trenches, under St. Ferdinand's Dyke, and in front of the enemy.. 
 
 2d. ' For conduct highly unbepoming the character of an Officer find a 
 Gentleman, and prejudicial to His Majesty's sCT^ice, in being drunk 
 upon duty, on the evening of the 19th of February last, and for having 
 joined with a reinforcement, when, in # state of absolute intojficati<)p, on 
 the out-lying picqiiet, under th^ command of Captain Haigh, of the 33d 
 Regiment, on the evening aboVementioned.' 
 
 Upon which charges the Cpurt came to the following decision : 
 
 The Court, having maturely and deliberately considered the 
 evidence in prosecution, as well as what the prisoner has ad- 
 duced in his defence,' are of opinion, with respect to the 1st 
 charge, that the prisoner is Guilty. 
 
 With respect to the 2d charge, the Court are of opinion that he 
 is Guilty, with the exception of its heiiig ap in-lying, instead of 
 an oiit-lying picquet. 
 
 The Court having found the prisoner, Captain Edward Fitz 
 patrick. Guilty of both charges, do sentence him to be cashiered. 
 
 In consideration of the long services of the prisoner, and the 
 very high character he has received as an Officer, the Court beg 
 leave to recommend him, in the strongest manner, to the clemency 
 of His Royal Highness the Prince Regent. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding a;nd Sentence of the Court; and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Captain Edward Fitzpatrick, of the 33d Regiment, together with 
 the finding and Sentence of the Court, shall be read at the head 
 of every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
LIEUTENANT FOSTER BYRNE.— 1814. 
 
 Stkse Guards, 1 Sept. 1814, 
 
 At a General Court Martial, held at Urogne, in France, on the 
 5th March, 1814, and continued by adjournments to the 25th 
 April following. Lieutenant Foster Byrne, of the 3d Regiment of 
 Dragoon Guards, was arraigned wpon the undermentioned 
 charges, viz. 
 
 " For behaving in a most subordinate and infamous manner, such as is 
 unbecoming the character of an Officer and a Gentleman, viz. 
 
 1st. ' By making a njiost unprovoked, violent, ,and outrageous attack, 
 
 op, or about, tjie 3d February, 1814, near Yattierei, in the presence of a 
 
 ' Cap^in of the regiment, upon Lieutenant Colonel George Holmes, of the 
 
 3d Dragoon Guards, his Commauding Gfficer;( ^^ying ^ stick across his 
 
 shoulder, and desiring him tp consider himself horsewhipped. 
 
 2d. ' By repealing (Jxe same disgraoefp^, unoflSperUke, and ungentle- 
 manlike conduct, with the observation, that he only regretted Captain 
 MaunseU should have witnessed it, or words to that effect, such conduct 
 bein'g subversive of all order and miUtary discipUne, and in breach of the 
 Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having duly and maturely considered the evidence 
 against the prisoner, and what ^he has said in his defence, is of 
 opinion, with respect to the 1st charge, that the prisoner is Guilty. 
 
 With respect to the 2d charge, the Court does also find the 
 prisoiier Guilty. 
 
 The Court having found the prisoner. Lieutenant Foster Byrne 
 of the 3d Dragoon Guards, Guilty of the two foregoing charges, 
 which being in breach of the Articles of War, does sentence him. 
 Lieutenant Foster Byrne, to be dimmed His Majesty's service, 
 and rendered incapable of ever again serving His Majesty. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve the find- 
 ing, and to confirm so much of the Sentence of the Court, as ad- 
 judges the prisoner to be dismissed His Majesty's service. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Lieutenant Foster Byrne, of the 3d Dragoon 
 Guards, together with the finding and Sentence of the Court, and 
 the Prince Regent's pleasure thereon, shall be read at the head 
 pf every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 UARRY CALVERT, Adj. Gen. 
 
636 E. Gardiner. 
 
 DEPUTY ASSISTANT COMMISSARY GENE- 
 RAL WILLIAM STANDIDGE.— 1814. 
 
 Horse Guards, 3 Sept. 1814. 
 
 At a General Court Martial, held at Cpudon, in France, on 
 the 7th April, 1814,t and condnued by adj<Juniment8 to the Qth 
 of May following. Deputy Assistant Comi^issary General Wil- 
 liam Standidge, was arraigned upon *the undermentioned charge, 
 viz. — 
 
 ' For conduct unbecoming tlie character of an Officer and a Gentle- 
 man, in addressing Brigade Majdr Gurwood, his superior Officer, on, or 
 about, the 18th March, 1814, on the line of march, in a highly disre- 
 spectful, provoking, and menacing manner, in the hearing of the Officers 
 and soldiers, such conduct tending to degrade him in their opinion, and 
 being highly subversive of all subordination and good discipUne, and in 
 breach of the Articles of War.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence agaiust the prisoner. Deputy Assistant Com- 
 missary General William Standidge, as well as what he has of- 
 fered in his defence, is of opinion that Deputy Assistant Commis- 
 sary General William Standige, is Guilty of the crime laid to his 
 charge, and do, therefore, sentence Dteputy Assistant Commis- 
 sary General William Standidge, to be dismissed His Msgesty's 
 service. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve arid con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the charges preferred against Deputy Assis- 
 tant Commissary General William Standidge, together with the 
 finding and Sentence of the Court, shall be read at the bead o'f 
 every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN GARDINER.— 1814. 
 
 Horse Guards, 7 Sept. 1814. 
 
 At a General Court Martial, held at Anglet, near Bayonne, in 
 
 Fi-ance, on the 25th and a7th April, 1814, Ensign Gardiner^ of 
 
R. Francis. 62f 
 
 the 4th Regiment of Foot, was arraigned upon the undermeu' 
 tioned charge, vi?. 
 
 ' For absenting himself from the army, and quitting this countryi 
 about the month of December, 1813, without leave, and not joining his 
 battalion, until about the 5th of April, 1814, to the prejudice of good, or- 
 der and military discipline, and in breach of the Articles of War.' 
 Upon which charge the Court came to the following decision: 
 The Court, having maturely and deliberately considered the 
 evidence brought forward in support of the prosecution, as well 
 as what the prisoner, Ensign Gardiner, has said in his defence, is 
 of opinion that the prisoner, Ensign Gardiner, is Guilty of the 
 crime alleged against him, being in breach of the Articles of War, 
 and do, therefore, sentence the said Ensign Gardiner, of the 4th 
 Regiment of Foot, to be dismissed His Majesty's service. The 
 Court cannot close its proceedings, without strongly recommend- 
 ing the prisoner to the clemency of the Commander of the Forces, 
 in consequence of his youth and inexperience, having only joined 
 the 4th Regiment three weeks prior to the action of the 10th and 
 11 th December, in which he was severely wounded. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the charge preferred against Ensign Gardi- 
 ner, of the 4th Regiment of Foot, together with the finding and 
 Sentence of the Court, shall be read at the head of every corps, 
 and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Geru 
 
 PAYMASTER ROBERT FRANCIS.— 1814. 
 
 Horse Guards, 9 Sqit. 1814. 
 
 At, a General Court Martial, held at Kingston, Upper Canada, 
 on the 25th and 26th May, 1814, Paymaster Robert Francis, of 
 the 103d Regiment, was arraigned upon the undermentioned 
 charge, viz. 
 
 ' For scandalous and infamous conduct, unbecoming the character of 
 an Officer and a Gentleman, in taking an opportunity when, from the 
 absence of a third person, he appeared to consider himself safe from legal 
 prosecution, to use language highly disrespectful and reproachful to 
 Colonel Scott, his Commanding Officer, and to throw out disgraceful and 
 
638 K. M'Kentie, 
 
 {■eiaeaatte msintbtiotisy t6 the piejiudice of his charsteter). sn^ cobdudt 
 being also highly subversive of good order and military dicipUne^ taking 
 place at Kingston, Upper Canada, on the morning of the iSth May, 1814." 
 Upon wtiich charge the Court came to the following, decision : 
 The Courts having duly considered the evidence brought against 
 the prisoner. Paymaster Robert Francis, of the I03d Regiment, 
 together with what he has adduced in his defence, is of opinion 
 that he is Guilty of the critoe laid to his charge, being in breach 
 of the Articles of War, and doth, therefore, sentence him to be 
 discharged His Majesty's service. 
 
 His Royal HigHtteSS the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the charge preferred against Paymaster 
 Robert Francis, of the 103d Regiment, together with the finding 
 and Sentence of the Court, shall be read at the head of every 
 corps and entered in the general order book. 
 
 By Command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN KENNETH M'KENZIE.— 1814. 
 
 Horse Guards, \2 Sept. 1814. 
 
 At a General Court Martial, held at Portsmouth, on the 17th 
 Jtme, 1814, and continiued by adjournments to the 27th of the 
 same month, Captain Kenneth M'Kenzie, of the Invemesshire 
 Militia, was arraigned upon the undermentioned charges, pre- 
 ferred against him by Major Home of the same corps, viz. 
 
 1st. ' For holding, or giving a ball or dance in his barrack room, in 
 Forehouse Barracks, Portsmouth, on the evening of the 6th June, 1814, 
 vritholit having permission of Major Home, his Comraanding Officer, to 
 do so ; such conduct being subversive of good order and military disci- 
 pline, and a breach of the Articles of War. 
 
 2d. ' For disobedience of orders, in not putting an immediate stop to 
 the dancing in his room, on the evening of the 6th June, 1814, when 
 ordered, in a letter fi'om Major Home, to do so, such conduct being 
 highly subversive of good order and military discipline, and in breach of 
 the Articles of War. 
 
 3d. ' For scandalous and infamous conduct, unbecoming the character 
 of an Officer and a Gentleman, in telling him. Major Home, a falsehood, 
 and thereby attempting to deceive hito, on the evening of , the 6th June, 
 1814, viz. that he. Captain M'Kenzie, had not read, or opened, the letter 
 
K. M'Kmzie. 639 
 
 mentioned iu the 2d charge, and that he did not'know it \fas from him, 
 Major Home. 
 
 4th. ' For ordering, or causing to jcmain out of their qniirters, and for 
 eiup]o}ring as musicians or sei-vants, without. having the permission of his 
 Commanding Officerj on the evening of the 6th June, 1814^ until twelve 
 o'clock, or thereabouts, one or the whole of the aftermentioned men of the 
 Inverness Militia : viz. Serjeant' Edward Bishop, Lande-Serjeant Alex- 
 ander Robertson, Corporal James Taylor, Privates John M'Kinnon, and 
 James Stephens ; such conduct- being subversive of good order and mili- 
 taiy discipSiiiej a violation of the standing Orders of the regiment, and 
 a breach of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Courty having most maturely and deliberately weighed and 
 considered the evidence adduced on the part of the prosecution, 
 as well as that of the prisoner in his defence, is of opinion that 
 he. Captain Kenneth M'Kenzie, is Not Guilty of either of the 
 four charges preferred against him, and doth, in consequence, 
 most fully and honourably acquit him of each and every part of 
 those charges. 
 
 In acquitting the prisoner of the second charge, th« Court 
 deems it necessary to observe that, although the dancing was not 
 literally put a stop to instantaneously, it was done as soon after 
 the prisoner was made aware, by Major Home, that it was his 
 orders for him to do so, as the occasion, and a sense of decorum 
 to his company, would admit of. 
 
 The Court feels itself in justice further called upon to observe, 
 that the whole of the said charges appear to be both frivolous 
 and vexatious, and it moreover does not appear to the Court, that 
 ini prefierring them, the prosecutor. Major Home, has beea solely 
 influenced by a desire to promote the good of His Majesty's ser- 
 vice. 
 
 The Prince Regent, in the name and on the behalf of His 
 Migesty, has been pleased to approve and confirm the finding and 
 Sentence of the Court, and has, at the same time, commanded 
 that His Royal Highness's marked displeasure at the impropriety 
 of the conduct of the prosecutor, Major Home, may be conveyed 
 to that Officer, in having brought forward charges which he could 
 not substantiate, and upon which the Court have so properly 
 animadverted. 
 
 His Royal Highness the Commander in Chief is pleased to 
 direct, that the foregoing charges preferred against Captain Ken- 
 
640 J. Cameron . ^ 
 
 neth M'Kenzie, of the Inveraesshire Militia, together with the 
 opinion of the Court, -and the Prince Regent's pleasure thereon, 
 shall be read at the head of every regiment, and entered in the 
 general order book. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Mackenzie is still borne on the list of the Inver- 
 ness Militia. — Editor. 
 
 LIEUTENANT JOHN CAMERON.— 1814. 
 
 Horse Guards, 20 Sqit. 1814. 
 
 At a General Court Martial,, held at St. George, Bermuda, on 
 the Gth June, 1814, and continued by adjournments to the 13th 
 of the same month. Lieutenant John Cameron, of the 4th Garri- 
 son B^talion, was arraigned upon the following charges, pre- 
 ferred against him by Captain Hart of the same corps, viz. 
 
 1st. ' For conduct highly insubordinate and totally subversive of good 
 order and military discipline, on the evening of the 29th May last, in a 
 house rented for Officers' barracks, by la3ring one hand upon the hUt of 
 his; sword, and striking Captain Hart a blow with the other, and after- 
 wards, when ordered in arrest, for making a violent blow at the said 
 Captain Hart, in direct breach of the Articles of Wai-, 
 
 2d. ' For leaving the above barracks on the same evening, after being 
 in his room in arrest, by order of Captain Hart, and for having, on his 
 return, used insulting and contemptuous language to, and provoking 
 gestures at, the said Captain Hart, in breach of the Articles of War, and 
 subversive of good order and military discipline.* 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having with great deliberation weighed and con- 
 sidered the evidence in support of the prosecution, as well as 
 what the prisoner has adduced in his defence, is of opinion, with 
 respect to ihe 1st charge, that from want of corroborating cir- 
 cumstances, the charge is not proved, and doth, therefore, acquit 
 the prisoner. 
 
 Upon the 2d charge, the Court is of opinion that walking in 
 the garden belonging to the barracks was not breaking his arrest, 
 and with respect to the latter part of the charge, the Court, for 
 the reasons assigned in the first charge, doth acquit the prisoner. 
 
 Monday, June 13, 1814. 
 The Court, having re-assembled by order of the Major General 
 
R. Blake. fi41 
 
 Commanding, the paper, No. 5, was laid before it, for considera- 
 tion, and having respectfully considered the same, see no reason 
 to alter their former opinion. 
 
 Under all the circumstances of the case, the Prince Regent 
 has been pleased, in the name and on the behalf of His Majesty, 
 to confirm the Sentence of the Court : but as the Court must be 
 presumed to have founded their sentence of acquittal upon the 
 belief that Captain Hart's evidence was given under the impres- 
 sion of irritation, and an exaggerated description of what had oc- 
 curred, there being no doubt of the legal sufficiency of one wit- 
 ness to justify conviction, if the evidence of such witness be 
 entitled to full credit; and viewing all the circumstances con- 
 nected with the conduct of the prisoner, Lieutenant Cameron, 
 the Prince Regent has been pleased to consider him an improper 
 person to remain in the 4th Garrison Battalion, and to command 
 that he shall forthwith be placed upon Half-pay. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, preferred against Lieutenant Cameron, of the 
 4th Garrison Battalion, together with the opinion of the Court, 
 and the Prince Regent's pleasure thereon, shall be read at the 
 head of every corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Cameron is now upon the Half-pay of the late 
 2d Garrison Battalion. — Editor. 
 
 LIEUTENANT RICHARD BLAKE.— 1814. 
 
 Horse Guards, 22 Sept. 1814. 
 
 At a General- Court Martial, held at Harwich, on the yth 
 August, 1814, and continued by adjournments to the 26th of the 
 same month, Lieutenant Richard Blake, of the 55th Regiment, 
 was arraigned upon the undermentioned charges, viz. 
 
 1st. • For disrespectful and unofEeerlike conduct towards Captain 
 Clune, of the .t .5th Regiment of Foot, on the evening regimental parade, 
 at Windsor, on, or about, the 13th August, 1813, after he. Captain 
 Clune, as senior Officer on the parade, had dismissed the regiment, by 
 making after him two scoffing hems, or coughs, when leaving the parade, 
 and then on his immediately reUiming, ironitally addressing him with 
 
 T r 
 
642 - JR. Blake. 
 
 " Ah, bow do you Aa, S\i,'' ami replying, in the same ironical manner, 
 when spoken to by Captain Clune, " Oh, I merely wished to know, as 
 you are a gentleman, how you are,'' or words to that effect ; and again 
 in saying, " Let me tell you, you ai-e no gentleman," such conduct being 
 subversive of good order and military discipline. 
 
 2d. ' For conduct disgraceftil to the character of an Officer and a Gen- 
 tleman, on, or about, the 13th of August, 1813, on the said regimental 
 pai-ade, at Windsor, in making use of gross and vulgar language to the 
 Said Captain Clunp, Of the 55tb Regiment, when he ordered him under 
 arrest for his previous disrespectful and unoffieerKke conduct. 
 
 3d. ' For having gone to a ball or dance, at the Town Hall of Windsor, 
 on, or about, the night of the 13th August, 1813, in defiance or viola- 
 tion of the arrest, under which he was ordered by Captain Clune, of the 
 55th Regiment, his superior Officer, and having, at the Town Hall 
 aforesaid,^ refused to hold any militaiy communication with the Adjutant 
 of the regiment, sent there officially in quest of him, by tbe Commanding 
 Officer of the corps, such conduct being subversive of good ordfer and 
 military discipline, and injurious to His Mgesty's service. 
 
 ^th, ' For most outrageous and dastardly conduct, on, or about, the 
 ] 6th of August, 1813, in having, when Captain Clune, of the 55tb Re- 
 giment, was on public duty, way-laid him and violently assaulted him in 
 one of the streets of Windsor, by silently, and unawares, striking him a 
 most severe blow on the head with a stick, wliich knocked him down, 
 and which blow he then repeated several times, until Captain Clune was 
 enabled to draw his sword^ when he. Lieutenant Blake, instantly fled 
 and absconded, which caused a description of his person to be circulated 
 to His Majesty's troops, in Ireland, with orders to apprehend him as a 
 deserter : the whole of which conduct being in direct defiance and viola- 
 tion of the aiTest, under which he was ordered by Captain Clune, his 
 superior Officer, on, or about, the 13th of August, as aforesaid. 
 
 5th. ' For conduct most disgraceful to the chai-acter of an Officer and 
 a Gentleman, in writing an unwarrantable and scandalous letter, dated 
 London, 16th August, 1813, addressed by him to Surgeon Shaip, of the 
 55th Regiment, president of the mess, and the members of the 55th 
 Foot, Windsor, the said letter covering one of the same import, tendencv 
 and date, also addressed by him. Lieutenant Blake, to Captain Clune, of 
 the 55th Regiment, in the former of which letters, among other un- 
 founded assertions, he maliciously states that he had repeatefiy, both in 
 Jamaica and in this country, given Captain Clune many insults of a gross 
 nature, which he therein details, and assigning such imphed unnoticed 
 insults by Captain Clune as a pretext for declaring he would not give 
 ham any personal satisfaction for having knocked him down in the streets 
 of Windsor, such expressions and assertions being infamous falsehoods, . 
 greatly to the prejudice of Captain Clune both as an Officer and a Gen- 
 tleman." 
 
 The foregoing charges being highly aggravated by having vio- 
 lated his written declaration to Colonel Douglas, of the 5oth Re- 
 giment, dated SOth December, 1811,^ wherein, after expressing 
 
R. BMe. &13 
 
 contrition for ha^iitg disturbed the harmotjy df the corps, he sin- 
 cerely promises that his name shouJd not be introduced in any 
 dispute that may hereafter take place in the regiment, and that,' 
 instead of accepting any farther messages, he would report any 
 challenge he might receive from any Oflicer of the 5Sitla Regi^ 
 ment to the senior Officer commanding, wherever quartered ; and 
 in consequence of which promise and declaration, the Command- 
 ing Officer only desisted from prosecuting him before a General 
 Cooirt Martial, as expressed in regimental orders, dated 4th Ja- 
 nuary, 18-12. 
 
 6th. ' For addressing a letter to Lieutenant General Calvert, Adjutant 
 General, dated Wmdsor Bairacksy 22d September, 1813, fabely accu- 
 srag Major Robert Frederick, commanding the 55th Regiment, with hav- 
 ing refused to allow him to take the air through the barracks, he. Lieu- 
 tenant Blake, having never made a request of the kind, as will appear by 
 his fetter bearing date the 21st September, I6l3, and for unjustly insi- 
 nuating therein, that Major Frederick wished to attach as nruch disgrace 
 as possible to his arrest, which letter was transmitted to Major General 
 Disney, commanding the home district, who returtled' it, not feeling 
 himself wari'anted in forwarding it to Lieutenant General Calvert. 
 
 7th. ' For addressing two most disrespectfiil and insubordinate letters 
 to Major Robert Frederick, commanding the 55l>h Regiment, dated 
 Windsor Barracks, 23d and 28th of September, 1813, Without any jus- 
 tifiable cause whatever, as much leniency having been shewn towards 
 him. Lieutenant BlaJke, by Major Frederick, as the peculiar circumstances 
 of his case would allow.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having duly and deliberately weighed atid consi- 
 dered the evidence in support of the prosecution, together with 
 what the prisoner. Lieutenant Richard Blake, of the 55th, or 
 Westmoreland Regiment, has offered in his defence, is of opiii' 
 nion as follows : 
 
 That with respect t/> the first charge, the Court is of opinioif 
 that the prisoner. Lieutenant Richard Blake, of the 55th Regi- 
 ment, is Guilty. 
 
 That with respect to the second charge, the Court iS of opinioti 
 that the prisoner, Lieutenant Richard Blake, of the 55thi Regi- 
 ment, is Guilty. 
 
 That with respect to the third charge, the Court is of opinion- 
 that the prisoner. Lieutenant Richard Blake, of the 55th Regi- 
 ment, is Guilty. 
 
 t T 2 
 
644 E. Blake. 
 
 That with respect to the fourth charge, the Court is' of opinion 
 that the prisoner, Lieutenant Richard Blake, of the. 55th Regi- 
 ment, is Guilty. 
 
 That with respect to the fifth charge, the Court is of opinion 
 that the prisoner. Lieutenant Richard Blake, of the 55th Regi- 
 Bient, is Guilty, except that the letter addressed to Surgeon 
 Sharp, president of the mess of the 55th Regiment, does not con- 
 tain infamous falsehoods^ 
 
 That with respect to the sixth charge, the Court are of opinion 
 that the prisoner. Lieutenant Richard Blake, of the 55th Regi- 
 ment, is Guilty. 
 
 That with respect to the seventh charge, the Court is of opi- 
 nion that the prisoner, Lieutenant Richard Blake, of the 55th 
 Regiment, is Guilty. 
 
 The Court, having found the prisoner. Lieutenant Richard 
 Blake, of the 55th Regiment, Guilty of the first, second, third, 
 fourth, fifth, (with the exception that the letter addressed to 
 Surgeon Sharp, of the 55th Regiment, does not contain infiimous 
 falsehoods) sixth, and seventh charges, which being a breach of 
 the Articles of War, does, therefore, sentence the aforementioned 
 Lieutenant R. Blake, of the 55th Regiment, to be cashiered. 
 
 The Court cannot but remark, and express its indignation, on 
 that part of the prisoner's address, in which he attacks the cha- 
 racter of Lieutenant Colonel Richard Frederick, of the 55th Re- 
 giment. The Court is aware, that no excuse can be sufficient 
 for so grossan affront, but, wishing to shew every indulgence to 
 tlie prisoner,, it takes into consideration that the prisoner, in sum- 
 ming up his defence, expresses his sincere sorrow and contrition 
 for those remarks, and attributes what he has said to feelings 
 long agitated and warmed by his situation,, and that he was not 
 aware, that the expressions that he. had made use of could bear 
 so hard against the prosecutor. Had he conceived that they bore 
 that construction, he never could have suffered them to have re- 
 mained. The. Court, therefore, in consideration of the penitence 
 shewn by the prisoner, abstains from making any further remarks 
 upon this part of his address, and at the same time thought it an 
 insult to the prosecutor, to allow him to defend himself (though, 
 he repeatedly pressed the Court to grant that indulgence) from 
 such infamous aspersions. 
 
G. Quenlin. 645 
 
 The Court regrets to mark, that the late Captain Cluiie, in se- 
 veral instances, seems to have forgotten the importance and re- 
 spectability of his situation, as Commanding Officer, and is well 
 aware, that he was the cause of involving the prisoner in many of 
 his present difficulties, and that in consideration of the prisoner's 
 long, though unavoidable confinement, as well as from the respect- 
 able character he has always borne, previous to this unfortunate 
 aiFair, begs leave humbly to recommend him to the clemency of 
 His Royal Highness the Prince Regent. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court ; and the Commander in Chief directs, 
 that the charges preferred against Lieutenant Richard Blake, of 
 the 55th (or Westmoreland) Regiment, together with the finding 
 and Sentence of the Court, shall be read at the head of every 
 corps, and entered in the general order book. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen, 
 
 COLONEL GEORGE QUENTIN.^-1814. 
 
 G. O. Horse Guards, 10 Nov. 1814. 
 
 His Royal Highness the Commander in Chief has been pleased 
 to direct, that the following copy of a Letter, containing the opi- 
 nion and sentence of a General Court Martial, recently held for 
 the trial of Colonel George Quentin, of the 10th, or Prince of 
 Wales's own Royal Regiment of Light Dragoons, and the Prince 
 Regent's pleasure thereon, shall be entered in the general order 
 books, and read at the head of every regiment in His Majesty's 
 service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 SIR, 
 
 Horse Guards, 8 Nov. 1814. 
 
 I have laid before the Prince Regent the proceedings 
 of a General Court Martial, held at Whitehall, on the 17th Oc- 
 tober, 1814, and continued by adjournments to the 1st November 
 
646 G. Qiientin. 
 
 fqllgwijig, for the trial of Colonel George Quentin, of the 10th 
 Royal Hussars, who was arraigned upon the following charges, viz. 
 
 1st Charge — ' That on tk^ 10th day of January, 1814, the regiment 
 being on that day on duty, foraging in the yalley of Macoy, in France, 
 and the said Colonel Quentin, having the command of the regiment, did 
 not make the proper and timely arrangements to insure the success of 
 the regiment in its operations of foraging, although directed so to do by 
 tJiP brigade order of 9th January, 1814, but neglected and abandoned his 
 duty, as Commanding Officer, leaving some of the divisions without or- 
 ders or support, when attacked by tie enemy, whereby some men and 
 horses of the regiment, were taken prisoners, and the safety of such divi- 
 gions hazarded ; such conduct, on tlie part of the said Colonel Quentin, 
 evincing great professional incapacity, tending to lessen the confidence 
 pf the soldiers- of the regiment, in the skill and courage of their Officers, 
 being unbecoming and disgraceful to his character as an Officer, prejudi- 
 cial to good order and militaa-y discipline, and contrary to the Articles of 
 War. 
 
 2d Charge — ' The said Colonel Quentin, having the command of the 
 {•egiment, the day after the battle of Ortlses, viz. on the 28th day of Fe- 
 bruary, 1814, on the high road leading to St, Sever, in fi-ont of the vil- 
 lage of Hagelman, department of Landes, in France, and the regiment 
 being on that day engaged with the enemy, he, the said Colonel Quen- 
 tin, did not previously to, or during the period the regiment was so en- 
 gaged, make such effectual attempts as he ought to have done, by his 
 presence, and by his own personal exertions and example, to co-operate 
 with, or ^ijpport th^ advapped divisions pf the 10th Hussars, under his 
 command, but neglected and abandoned his duty, as Commanding Offi- 
 cer, and thersby hazardgd the safety of those divisions, and the character 
 pnd reputation of the regiment ; such conduct, on the pai't of the said 
 Colonel Quentin, tending to lessen the confidence of the soldiers, in the 
 skjU and courage of their Officers, being unbecoming his character as an 
 Officer, prejudicial to good order and miUtaiy discipline, and contrary to. 
 the Articles of War. 
 
 3d Charge— 'That on the 10th day of April, 1814, during the battle 
 pf Toulouse, in France, the said Colonel Quentin, having the command 
 pf the regiment, and the regiment being on that day in the presence of, 
 and attacked by, the enemy, he, the said Colonel Quentin, did not, during 
 such attack, make such effectual attempts as he ought to have done by his 
 presence and his own personal exertions, to co-operate with, or support, 
 the advanced divisions of the regiment under his command, but neglected 
 and abandoned his duty as Commanding Oificer, leaving some of the di- 
 visions, when under fire from the enemy, without orders, and thereby 
 unnecessarily hajayding the safety and reputation of those divisions ; such 
 conduct, on the part of the said Colonel Quentin, tending to lessen the 
 confidence of the soldiers of the regiment, in the skill and courage of their 
 Officers, being unbecoming and disgi'aceful to bis character as an Officer, 
 prejudicial to gopd order and militaiy discipline, and contraiy to the 
 Articles of War. 
 
 4 th Charge — For general neglect of duty, by allowing a relaxed disci- 
 
G. QucrUin. 647 
 
 pline to exist in the regiment under his command, when on foreign ser- 
 vice, by which the reputation of the regiment suffered in the opinion of 
 the Commander of the Forces, and of the Lieutenant General command- 
 ing the cavalry, their displeasure having been expressed, or implied, in a 
 letter from the Adjutant General of the Forces on the Continent, ad- 
 dressed to Major General Lord Edward Somerset, commanding the Hus- 
 sar brigade, dated, on, or about, the 20th of March, 1814, and in the 
 orders of the Lieutenant General commanding the Cavaliy, dated the 
 26th of February, 1814 ; such conduct on the part of the said Colonel 
 Quentin, being unbecoming his character as an Officer, prejudicial to 
 His Majesty's service, and subversive of all order and military regulation 
 and discipline, and contrary to the Articles of War.' 
 
 Upon which charges the Court caitie to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence adduced on the part of the prosecution, as well as what 
 has been offered in his defence, are of opinion that Colonel 
 Quentin is Guilty of so much of the first charge as imputes to 
 him, 'having neglected his duty as Commanding Officer, on the 
 10th of January, by leaving some of the divisions without orders, 
 when attacked by the enemy,' but acquit him of the remainder of 
 the charge. 
 
 With respect to the second charge, the Court are of opinion 
 that Colonel Quentiu is Not Guilty. 
 
 With respect to the third charge, the Court are of opinion that 
 Colonel Quentin is Not Guilty. 
 
 With respect to the fourth charge, the Court are of opinion 
 .that a relaxed discipline, as set forth in the charge, did exist in 
 the regiment under Colonel Quentin's command, whilst on foreign 
 service, during the period alluded to in the letter and orders re- 
 ferred to in the charge, and as they cannot but consider the Com- 
 manding Officer of a regiment to be responsible for such relaxa- 
 tion of discipline, they therefore think themselves bound to find 
 Colonel Quentin Guilty to the extent of allowing it to exist, but 
 as they consider the letter from the Adjutant General to the troops 
 on the Continent, of March 30th, 1814, expressing the displea- 
 sure of the Commander of the Forces, as a reprimand to Colonel 
 Quentin, adequate to the degree of blame which attached to him, 
 the Court do not feel themselves called upon to give any sentence 
 upon this charge in the way of further punishment, and they con- 
 sider that any thing unusual in this determination will be explained 
 by the smgularity of the circumstances attending this charge, by 
 
648 G. Qiientitt. 
 
 which an Officer is put upon his trial for conduct which had be- 
 fore been the subject of animadversion by those under whose 
 command he was then serving, but which at the time was not 
 considered deserving of a more serious proceeding by the Com- 
 mander of the Forces ; nor does it appear to have been made the 
 subject of any remonstrance or request for a more serious investi- 
 gation on the part of the Officers of the regiment. 
 
 The Court having found the prisoner Guilty of so much of tlie 
 first charge, as is above expressed, and so much of the fourth 
 charge as is above recited, with the reasons which induce the 
 Court to feel they are not called upon to affix any punishment to 
 the last mentioned charge, do only adjudge, with reference to the 
 first charge, that Colonel Quentin be reprimanded in such man- 
 ner as His Royal Highness the Commander in Chief shall be 
 pleased to direct. 
 
 The Court, however, cannot conclude these proceedings with- 
 out expressing their regret, that there appears to have existed 
 such a want of co-operation among the Officers of the regiment, 
 as to render the duties of the Commanding Officer much more 
 arduous than they otherwise would have been. 
 
 1 am to acquaint you, that His Royal Highness the Prince 
 Regent has been pleased, in the name and on the behalf of His 
 Majesty, to approve and confirm the finding and sentence of the 
 Court, 
 
 His Royal Highness has further been pleased to consider, that 
 when the Officers of a corps prefer accusations affecting the ho- 
 nour and professional character of their Commander, nothing but 
 the most conclusive proof of their charges, before a Court Martial, 
 can justify a proceeding which must otherwise be so pregnant 
 with mischief to the discipline of the army ; and that a regard due 
 to the subordination of the service must ever attach a severe 
 responsibility to subordinate Officers, who become the accusers 
 of their superior ! His Royal Highness therefore could not but 
 regret, that the Officers of the 10th Hussars should have been so 
 unmindful of what they owe to the first principles of their pro- 
 fession, as to assume an opinion of their Commander's personal 
 conduct, which neither their general experience of the service, 
 nor their knowledge of the alleged facts, (as appears from their 
 
G. Quentin. 640 
 
 own evidence) could sanction or justify, — and which opinion 
 would appear from the proceedings to have been utterly void of 
 foundation, in every instance of implied attack or insinuation upon 
 that Officer's courage and conduct before the enemy, as conveyed 
 by the tenor of the second and third charges. 
 
 In allusion to the letter signed by the chief part of the Officers, 
 and in which the present proceedings originated, the Prince Re- 
 gent has specially observed, that, exclusive of the doubt which 
 may be entertained of their capability to form a judgment, so 
 much beyond the scope of their experience in the service, it was 
 worthy of remark, that some, who have affixed their names to that 
 paper, had never been with the regiment during the period in 
 question, and others had never joined any military body beyond 
 the d6p6t of their corps, and it might thus be deduced, that al- 
 though the Officers have manifested, according to the appropriate 
 remark of the Court M artial, a want of co-operation in support 
 of their Commander's authority, yet those who have assumed a 
 personal observance of Colonel Quentin's conduct, and those 
 who, though absent, appear to have acted under a mischievous in- 
 fluence by joining in an opinion to his prejudice, have all co- 
 operated in a compact against their Commanding Officer, fraught 
 with evils of the most injurious tendency to the discipline of the 
 service ; nor did it escape the notice of His Royal Highness, that 
 this accusation has not been the momentary offspring of irritated 
 feelings, but the deliberate issue of a long, and extraordinary 
 delay, for which no sufficient reasons, or explanation, have been 
 assigned. 
 
 In this view of the case, (wluch is not palliated by the very 
 slight censure passed on Colonel Quentin upon the 1st charge,) 
 His Royal Highness has considered that a markof his displeasure 
 towards those Officers, is essential to the vital interests of the 
 army; and that the nature of the combination against Colonel 
 Quentin, would call for the removal from the service of those who 
 have joined in it ; but as His Royal Highness would willingly be- 
 lieve tiiat inadvertency in some, and inexperience in others, had 
 left them unaware of the mischievous tendency of their conduct 
 upon this occasion, His Royal Highness is averse to adopt such 
 severe measures as the custom of the service, in support of its 
 
650 Ti Moore. 
 
 discipline, usually sanctions, upon the failure of charges against 
 a Commanding Officer; still it is essential that conduct so inju- 
 rious-in its nature, should be held forth to the army as a warning 
 in support of subordination, and His Royal Highness has there- 
 fore commanded, that the Officers who signed the letter of the 9th 
 August, shall no longer act together as a corps, but that they shall 
 be distributed by exchange throughout the different regiments of 
 cavalry in the service, where it is trusted, that they will learn and 
 confine themselves to their subordinate duties, until their services 
 and experience shall sanction their being placed in ranks and si- 
 tuations where they may be allowed to judge of the general and 
 higher duties of the profession. 
 
 The Prince Regent has been further pleased to observe, that 
 though Colonel Palmer did not sign the letter of the 9th August, 
 he is nevertheless, by his declared sentiments on the prosecution, 
 and his general concurrence in the opinion of the Officers, to be 
 oonsidered in the same light as if he had put his name to that 
 paper, and His Royal Highness has therefore commanded that he 
 shall also be removed to another corps. 
 
 I am, &c. 
 (Signed) FREDERICK, Commander in Chief. 
 To the Adjviant General, ^c. Sj-c. 8fC. 
 
 N. B. Colonel Palmer is now upon die Half-pay of the 23d 
 Dragoons, retaining his appointment as Aide-de-Camp to the 
 King. — In consequence of what occurred at this Court Martial, 
 Colonel Quentin challenged Colonel Palmer, and they met in 
 the Bois de Boulogne, in 1815 : the parties retired unhurt. 
 
 CAPTAIN THOMAS MOORE.— 1814. 
 
 Horse Guards, 22 Dec. 1814. 
 At a General Court Martial, held at Portsmouth, on the 25th 
 October, 1814, and continued by adjournments to the 11th No- 
 vember following, Captain Thomas Moore, of the 38th Regiment 
 of Foot, was arraigned upon the undermentioned charges, viz. 
 
 " For conduct unbecoming the character of an Officer and a Gentle- 
 man. 
 
 l3t. *■ In fraudulently and falsely directing to Coi-poral Glover, of the 
 
J. 0' Flanagan. GoK 
 
 38th Regiment, at Middleton, neeir Cork, in Ireland, a letter dated from 
 Portsmouth, on the 11th September, 1814, the contents of which were 
 written and signed by himself, (Captain Moore,) and were in fact ad- 
 dressed to Lieutenant Hopper, of the 38th Regiment, and not to Corpo- 
 ral Glover, as the direction on the back of the said letter purported, in 
 order that the said letter should be conveyed to the said Lieutenant 
 Hopper, free of expense, and with intent to defraud His Majesty's i-eve- 
 nue of the postage due upon such letter, the same being in disobedience 
 of general orders, particularly that of the 28th February, 1814. 
 
 2d. ' In adding to the abovementioned letter so written and signed by 
 him, and in fact addressed to Lieutenant Hopper, a request, that if he. 
 Lieutenant Hopper, should vnite to him. Captain Moore, he should 
 direct to Henry Ilumbold, a soldier of his Captain Moore's company, 
 then his servant, with a view that any such letter so written by Lieute- 
 nant Hopper, to him. Captain Moore, should be conveyed to him free 
 of expense, with intent also to defraud His Msyesty's revenue of the 
 postage which might become due on any such letter.' 
 
 Upon which charges the Court came to the following decisiou : 
 The Court, having very maturely considered the evidence 
 brought forward on the part of the prosecution, together with 
 that of the prisoner in his defence, are of opinion that he, Cap- 
 tain Moore, is Guilty of both the charges exhibited against him, 
 and do, in consequence, sentence him to be dismissed His Ma- 
 jesty's service. 
 
 The Prince Regent was pleased, in the name and on the behalf 
 of His Majesty, to approve and confirm the finding and Sentence 
 of the Court; and His Royal Highness the Commander in Chief 
 directs, that the foregoing charges, preferred against Captain Tho- 
 mas Moore, together with the finding and Sentence of the Court, 
 shall be read at the head of every regiment in His Majesty's 
 service. 
 
 By command of H.R.H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JAMES O'FLANAGAN.— 1815. 
 
 Horse Guards, 10 Jan. 1815. 
 At a General Court Martial, held at Fort Niagara, Upper 
 Canada, on the 3d and 4th October, 1814, Lieutenant James 
 OTIanagan, of the Sth (or King's) Regiment of Infantry, was ar- 
 raigned upon the undermentioned charge, viz. 
 
 ' For being drunk when paraded for piquet, in the Camp before Fort 
 Evie, on the afternoon of the 18th September, 1814," 
 
652 J. Lyster. 
 
 Upon which charge tHe Court came to the following decision : 
 The Court, having duly considered the evidence brought for- 
 ward in support of the prosecution, together with what the pri- 
 soner, Lieutenant James O'Flanagan, of the 8th (or King's) 
 Kegiment, has offered in his defence, is of opinion that he is 
 Guilty of the crime laid to his charge, being in breach of the Ar- 
 ticles of War, and doth therefore sentence him to be cashiered. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court; and His Royal Highness the Com- 
 mander in Chief directs, that the foregoing charge, preferred 
 against Lieutenant James O'Flanagan, together with the finding 
 and Sentence of the Court, shall be entered in the general order 
 book, and read at the head of every regiment in His Majesty's 
 service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 ASSISTANT SURGEON JOHN LYSTER.— 1815. 
 
 Horse Guards, 11 Jan. 1815. 
 
 At a General Court Martial, held in Edinburgh Castle, on the 
 1st December, 1814, and continued by adjournments to the 9th 
 of the same month, Assistant Surgeon John Lyster, of the 7th 
 Dragoon Guards, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For receiving a discount or deduction from the amount of the 
 bills paid by him, on account of the dep6t hospital, at Musselburgh, 
 while in charge of the said hospital, from the 2d November, 1813, to 
 the 12th Apiil, 1814, which discount or deduction he did not place to 
 the credit of the hospital fund, thereby subverting good order and mili- 
 tary discipline, and infringing the Articles of War. 
 
 2d. ' For applying to his own private use, coals and candles, provided 
 for the use of the sick under his care, while in charge of the said hos- 
 pital, during the above period, thereby subverting good order and mili- 
 tary discipline, and infringing the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 -The Court having duly considered the charges, evidence on 
 both sides, and whole procedure, is of opinion as follows : 
 
 1st. The Court is of opinion that the prisoner is Guilty of the 
 
W. G. S. Cowell. 653 
 
 1st charge, 'by having received money at different times from 
 tradesmen, when paying hospital bills, which money was applied 
 to his own use,' a practice entirely contrary to his duty in paying 
 or applying public money. 
 
 2d. The Court is of opinion that the prisoner is Not Guilty of 
 the 2d charge, and does therefore acquit him thereof. 
 
 In respect to those parts of the charges, of which he has been 
 found Guilty, the same being in breach of the Articles of War, 
 the Court sentences the prisoner. Assistant Surgeon John Lyster, 
 of the 7th Regiment of Dragoon Guards, to be dismissed from 
 His Majesty's service. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, but taking into consideration all the cir- 
 cumstarlces of the case, particularly as set forth in a letter from 
 the president, in his own name and that of the Court Martial, 
 the Prince Regent has been pleased to consider the prisoner as an 
 <»bject worthy his most gracious clemency, and to commaind that 
 he. Assistant Surgeon Lyster, should be restored to the functions 
 of his commission, after having received a reprimand and admo- 
 nition to be more circumspect in his future conduct. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges against Assistant Surgeon Lyster, together with 
 the finding and Sentence of the Court, and the Prince Regent's 
 pleasure thereon, shall be entered in the general order book, and 
 read at the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Assistant Surgeon Lyster is still in the 7th Dragoon 
 Guards. — Editor. 
 
 ENSIGN WILLIAM G. S. COWELL.- 1815. 
 
 Horse Guards, 12 Jan. 1815. 
 
 At a General Court Martial, held at Whitehall, on the 13th 
 
 December, 1814, and continued by adjournments to the I6th of 
 
 the same month. Ensign William George Stepney Cowell, of the 
 
654 J. Briilger. 
 
 3d Reghnent of Foot Gnacds, was arraigned npan the under^ 
 mentioned charge, viz. 
 
 ' For entering into, and publicly and pei'sonrfly engaging in a quar- 
 rel, at the theatre, at Bourdeaux, on, or about, the 3d day of July, 1814j 
 with Commissary Hurley, and some days afterwai'ds making a conces - 
 sion to the said Commissary Hurley, by whom he had been publicly 
 insulted, without any pretence or grounds whatever for any concession 
 on his part, such conduct being highly unbecoming and degrading to the 
 character of an Officer and a Gentleman.' 
 
 Upon which charge the Court came to the following decision : 
 The Court, having maturely weighed and considered the evi- 
 dence adduced on the part of the prosecution,- as well as what 
 has been offered in defence, are of opinion, that Ensign WiHiam 
 George Stepney Cowell, of the 3d Regiment of Foot Guards, is 
 Guilty of the charge, and do adjudge that he be dismissed from; 
 His Majesty's service. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con^ 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charge, together with the 
 Sentence of the Court, shall be entered in the general order book, 
 and read at the head of every regiment in His Majesty's service. 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JAMES BRIDGER.— 1815. 
 
 Horse Guards, l^ Feb. 1815. 
 
 At a General Court Martial, held at Palermo, on the 9th of 
 September, 1814, and continued by adjournments to the 17th of 
 the same month. Lieutenant James Bridger, of the 20th Light 
 Dragoons, was arraigned upon the undermentioned charges, viz. 
 
 1 St. ' For pubhcly stating on the 25th July last, at the mess-table of 
 the 20th Light Dragoons, in the presence of the Officers of the regiment, 
 and of the mess-waiters, they being soldiers of the regiment, and other 
 servants, that the conduct of Colonel Hawker, his Commanding Officer, 
 on a particular day, in Spain, had been most cowardly, in ininning away 
 with the greater part of a picquet under his command ; that he was a pol- 
 troon and a coward, and deserving of being kicked out of the service, and 
 for persevering to make use of words of a similar tendency, in opposition 
 to the orders and interference of Captain Joen-es, the senior Oificer pre- 
 
J. Bigger. 655 
 
 sentj such coniluct being subversive of all order and military discipline, 
 injurious to the professional reputation of Colonel Hawker, his Com- 
 manding Officer, and destructive to that due respect and confidence the 
 Officers and soldiers of a regiment should feel towards then- Command- 
 ing Officer. 
 
 2d. ' For using on the same occasion, expressions evincing a malevo- 
 lent disposition, and vindictive intentions, towards Colonel Hawker, his 
 Commanding Officer, in saying, " that he only waited to go to England, 
 when he would take Colonel Hawker by the nose, and horeewhip him," 
 or words to that effect. 
 
 3d. ' For conducting himself towards Captain Joerres, after he had 
 been placed in arrest by that Officer, in a manner insubordinate, inde- 
 corous, and unofficerlike, when called on, by Captain Joerres, accom- 
 panied by the Adjutant of the regiment, by order of Colonel Hawker 
 to acquaint him. Lieutenant Bridger, that Colonel Hawker had con- 
 firmed the act of Captain Joerres, in having placed him in arrest.' 
 
 Upon which charges the Court came to the following de- 
 cision : , 
 
 The Court, having duly weighed and considered the evidence 
 in support of the prosecution, as well as what has been offered 
 ill defence, is of opinion that the prisoner. Lieutenant James 
 Bridger, 20th Light Dragoons, is Guilty of the whole of the first 
 charge exhibited against him, with the exception of using the ex- 
 pressions, * deserving of being kicked out of the service, and per- 
 severing to make use of words of a similar tendency, in opposition 
 to the orders and interference of Captain Joerres, the senior Offi- 
 cer present.' 
 
 With respect to the second charge, the Court is of opinion that 
 the prisoner. Lieutenant James Bridger, 20th Light Dragoons, 
 is Guilty of the whole thereof. 
 
 With respect to the third charge, the Court finds the prisoner 
 Not Guilty. 
 
 The Court having thus found the prisoner Guilty of the greatest 
 pait of the 1st charge, and the whole of the 2d charge, in breach 
 of the Articles of War, does sentence and adjudge him. Lieute- 
 nant James Bridger, 20th Light Dragoons, to be cashiered. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against Lieu- 
 tenant James Bridger, together with the finding and Sentence of 
 
656 G: S. Burchtt. 
 
 the Court, shall be entered in the general order book, and read at 
 the head of every regiment in His Majesty's service. 
 
 By command of His R. H. the Commander in Chief. 
 
 HARR\ CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Bridger was afterwards reinstated in his rank, 
 and is now on the Half-pay of the l6th Light Dragoons. — Edit. 
 
 BREVET MAJOR G. S. BURDETT.— 1815. 
 
 Horse Guards, \6 Feb. 1815. 
 At a General Court Martial, held at Basseterre, Guadaloupe, 
 on the 8th October, 1814, and continued by adjoumments to the 
 17th of the same month, Brevet Major George Saville Burdett, 
 Captain in the 1 st West India Regiment, was arraigned upon the 
 undermentioned charges, viz. 
 
 1st. ' For conduct highly improper and unbecoming the character of 
 an Officer and a Gentleman, in having on the night of the 30th of March, 
 1814, followed Lieutenant Story, (the subaltern Officer then doing duty 
 with the detached company of the 1st West India Regiment, commanded 
 by Brevet Major Burdett, up Fort Marigot Hill, the said Lieutenant 
 Story, being ordered by him (Brevet Major Burdett) to repair to Fort 
 Marigot on duty, which orders were immediately obeyed by Lieutenant 
 Stoiy, he (Major Burdett) having accosted him in the following intem- 
 perate, abusive, and unofficerlike manner, " Stop, Sir, I am come here 
 to meet you, I am unarmed, and I now tell you, you are a damned ras- 
 cal, and a damned scoundrel," repeating these words frequently in a 
 most aggravating manner, and telling him, the said Lieutenant Stoiy, 
 that if he, (Brevet Major Burdett) had brought a pistol with him, he 
 would blow, his. Lieutenant Story' s, brains out ; the same conduct and 
 language being highly prejudicial to His Majesty's service, subversive of 
 good order and miUtary discipline, and contrary to the Articles of War. 
 2d. ' For conduct highly improper, and unmilitary, on the night of 30th 
 March, 1814, after making use of the most unwarrantable, threatening, 
 and abusive language to Lieutenant Story, nearly half way up Fort 
 Marigot Hill, there going on duty by order of Brevet Major Burdett, he 
 (Brevet Major Burdett) having lifted his clenched hand, and struck the 
 said Lieutenant Story a blow on the face in a most horrid manner, and 
 afterwards addressing him (Lieutenant Story) in the following improper 
 and abusive manner, saying, " take that you damned rascal, and remem- 
 ber it," such conduct being highly prejudicial to His Majesty's service, 
 subversive of good order and military discipline, and contrary to the Ar- 
 ticles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having most maturely weighed and considered the 
 
G. S. Burdett. 657 
 
 evidence on the part of the prosecution, as well as what the pri- 
 soner, Brevet Major George Saville Burdett, Captain in the 1 st 
 West India Regiment, has adduced in his defence, is of opinion 
 as follows : 
 
 With respect to the first charge, that the prisoner is Guilty. 
 
 With respect to the second charge, that the prisoner is Guilty. 
 
 The Court having found the prisoner Guilty of both the 
 charges exhibited against him, in breach of the Articles of War, 
 do, therefore, sentence him, the said prisoner. Brevet Major 
 George Saville Burdett, Captain in the 1st West India Regiment, 
 to be cashiered. 
 
 The Court, taking into its serious consideration all the circum- 
 stances appearing on the face of the proceedings, as well^as the 
 length of service of the prisoner, together with the contrition he 
 has expressed, in endeavouring to make every atonement for 
 oifences committed, and the high character given to him by so 
 many officers of standing in the service, beg leave most humbly 
 to recommend him to His Majesty's clemency. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court ; but under all the circumstances of the 
 case, as they appear upon the face of the proceedings, and ac- 
 cording to the recommendation of the Court, and of Lieutenant 
 General Sir James Leith, commanding in the Leeward Islands, 
 His Royal Highness has been pleased to extend his most gracious 
 pardon to the prisoner, and to command that he. Brevet Major 
 Burdett, shall be restored to the functions of his commission. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, exhibited against Brevet Major George Saville 
 Burdett, together with the finding and Sentence of the Court, 
 and the Prince Regent's pleasure thereon, shall be entered in the 
 general order book, and read at the head of every regiment in His 
 Majesty's service. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Major Burdett remained in the regiment until 1817, 
 when he died. — Editor. 
 
 uu 
 
( 658 ) 
 LIEUf. GEN. SIR J. MURRAY, BART.— 1815. 
 
 Horse Guards, 17 Feb. 1815. 
 
 At a General Court Martial, held at Winchester, on the l6th 
 January, 1815, and continued by adjournments to the 7th Fe- 
 bruary following. Lieutenant General Sir John Murray, Bart., 
 was arraigned upon the undermentioned charges, viz. 
 
 1st. 'For landing or continuing on shore, when landed, between the 
 7th and the 12th June, 1813, near Tarragona, a large quantity of heavy 
 artilleiy, ammunition and stores, when he had good reason to believe 
 that no real benefit could be derived for ten or twelve days, as to pro- 
 ducing the fall of Tarragona by these means ; and when he had received 
 information, which he believed, that long before that time, a superior 
 force of the enemy would be near him, and was aware that the siege 
 must then be abandoned, knowing at the same time the great difficulties 
 and dangers attending a sudden re-embairkation on that coast ; such 
 conduct being highly unmihtary, and against the spirit of his instructions. 
 
 2d. ' For neglect of duty, and disobedience of the express written or- 
 der of His Excellency Field Marshal the Marquess of Wellington, the 
 Commander of His Majesty's Forces in the Peninsula, by not imme- 
 diately re-embarking the whole of the forces nnder his command, after 
 he had determined to raise, and had actually raised the siege of Tarra- 
 gona, and retui-ning to Valencia, in order to assist the Spanish armies in 
 that province, in securing the positions which they might have acquired 
 there. 
 
 3d. ' For neglect of duty, in hastily re-embarking the forces under his 
 command, without any previous preparations or arrangements, and thus 
 precipitately and unnecessarily abandoning a considerable quantity of 
 artillery, stores and ammunition, about the 12th June, 1813, near Tar- 
 ragona, when he was so far from being compelled to this degrading mea- 
 sure by the immediate approach of any superior force, or by any other 
 sufficient cause, that by due zeal, firmness, and exertion, the gi'eater part, 
 if not th« whole, might have been einbarked in safety. Admiral Hallowell, 
 who was at the time on duty on the station, engaging to effect the same; 
 such conduct being highly to the prejudice of the service, and detrimental 
 to the British militai'y character.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the whole 
 of the evidence which has been adduced before it, is of opinion : 
 
 With respect to the first charge, that Lieutenant General Sir 
 John Murray, is Not Guilty* 
 
 With respect to the second charge, that Lieutenant General 
 Sir John Murray, is Not Guilty. 
 
 With respect to the third charge, that Lieutenant General Sir 
 John Murray, is Guilty only of so much of that charge as states 
 
T. Atkins, 659 
 
 ' that he unnecessarily abandoned a considerable quantity of artil- 
 lery and stores, which he might have embarked in safety, such 
 conduct being detrimental to the service,' and the Court does, 
 therefore, find him Guilty of such part, but does acquit him of 
 the remainder of that charge. 
 
 The Court, under all the circumstances of the case, consider- 
 ing the conduct of Sir John Murray to have proceeded from a 
 mere error in judgment, is of opinion, and does adjudge, that, 
 for the part of the third charge, of which Lieutenant General Sir 
 John Murray has been so found Guilty, he be admonished in such 
 manner as His Royal Highness the Commander in Chief may 
 think proper. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; but as the Court 
 has only attributed to Sir John Murray a mere error in judgment, 
 the case has not appeared to His Royal Highness to call for any 
 further observation. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Lieutenant General Sir John Murray, Bart., 
 together with the finding and Sentence of the Court, and the 
 Prince Regent's pleasure thereon, shall be entered in the general 
 order book, and read at the head of every regiment in His Ma- 
 jesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant General Sir John Murray, Bart., is now 
 Colonel of the 56th Regiment of Foot. — Editor. 
 
 LIEUTENANT THOMAS ATKINS.— 1815. 
 
 Horse Guards, 6 March, 1815. 
 At a General Court Martial, held at Fort Colombo, Island of 
 Ceylon, on the 6th June, 1814, and continued by adjournments 
 to the 15th of the same month. Lieutenant Thomas Atkins of the 
 73d Regiment of Foot, was arraigned upon the undermentioned 
 charges, viz. 
 
 uu2 
 
660 T. Jtkim, 
 
 " For conduct unbecoming the character of an Officer and a Gentle- 
 man in the following instances : 
 
 1st. 'For being drunk on duty, when Officer of the main guard in the 
 Fort of Colombo, on the 6th of April last. 
 
 2d. ' For appearing in a state of intoxication on the drill ground, on 
 the evening of the 12th April last. 
 
 3d. ' For again appealing in the same state of intoxication on the drill 
 ground, on the evening of the 26th April last.' 
 
 ADDITIONAL CHARGES. 
 
 First — 'For breaking his arrest on the I4th May, after having been 
 ordered into close arrest, in consequence of misconduct when in arrest 
 at large. 
 
 Second — ' For denying his having been ordered into close an-est, al- 
 though the same had been communicated to him, by Lieutenant Mmphy, 
 acting Adjutant, in presence of Ensign Pook.' 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court, having duly considered the evidence in support of 
 the prosecution, against the prisoner, Lieutenant Thomas Atkins, 
 of His Majesty's 73d Regiment of Foot, and given due weight to 
 such matters as he has been enabled to urge in his defence, is of 
 opinion that he is Guilty of the whole and every part of the charges 
 which have been preferred against him, being in breach of the 
 Articles of War, and the Court doth, therefore, adjudge him, the 
 said Lieutenant Thomas Atkins, to be cashiered, and he is hereby 
 cashiered accordingly. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court ; but at the same time remarked, that in 
 the concluding words of the sentence, the Court exceeded the 
 power and authority vested in them. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, exhibited against Lieutenant Thomas Atkins, 
 of the 73d Regiment of Foot, together with the finding and Sen- 
 tence of the Court, and the Prince Regent's pleasure thereon, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of his H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
S. Dickens. 661 
 
 LIEUTENANT ARCH. M'NAUGHTON.— 1815. 
 
 Horse Guards, 8 March, 1815. 
 
 At a General Court Martial, held at Fort Colombo, Island of 
 Ceylon, on the 10th August, 1814, and continued by adjourn- 
 ments to the 13th of the same month. Lieutenant Archibald 
 M'Naughton, of the 1 st Battalion 73d Regiment of Foot, was 
 arraigned upon the undermentioned charge, viz. 
 
 ' For being in a disgraceful state of intoxication, early in the morning 
 of the 6th August, 1814, he being at the time the Officer commanding 
 the main guard of the garrison, the same being highly prejudicial to 
 good order and discipUne in His Majesty's service, and in breach of the 
 Articles of War.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having duly considered the evidence in support of 
 the charge, preferred against the prisoner. Lieutenant Archibald 
 M'Naughton, of His Majesty's 73d Regiment of Foot, together 
 with such matters as he has submitted in extenuation, are of 
 opinion that he is Guilty of the whole and every part thereof, 
 the same being in breach of the Articles of War; and they do, 
 therefore, adjudge him, the said Lieutenant A. M'Naughton, to 
 be cashiered, and he is hereby cashiered accordingly. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court ; but at the same time remarked, that in 
 the concluding words of the sentence, the Court exceeded the 
 power and authority vested in thenj. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charge, exhibited against Lieutenant A. M'Naughton, 
 of the 1st Bkttalion 7Sd Regiment, together with the finding and 
 Sentence of the Court, and the Prince Regent's pleasure thereon, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN SAMUEL DICKENS.— 1815. 
 
 Horse Guards, 10 March, 1815. 
 At a General Court Martial, held at Secunderabad, in Madras, 
 
662 TV. E. Ellis. 
 
 on the 15th February, 1814, Captain Samuel Dickens, of the 
 34th Regiment, was arraigned upon the undermentioned charges, 
 ■viz. — 
 
 1st. ' Improper conduct at the regimental mess^ on the evening of the 
 26th of November, 1813, in outrageously threatening one of the mess 
 servants. 
 
 2d. ' Scandalous and infamous conduct, unbecoming the character of 
 an Officer and a GentlemaUj in violently assaulting me on my vcay home 
 from the mess, on the night of the 26th November, 1813. 
 
 3d. ' Scandalous and infamous conduct, in boasting to Officers of 
 the Regiment, on the night of the 26th November, 1813, and also to an 
 Officer the following morning, of his having acted tovcards me as stated in 
 the second charge. 
 
 (Signed) " J. W. EVERARD, 
 
 " Lieut. Col. commanding the 34th Regiment." 
 
 To which charges the prisoner pleaded Guilty, and the Court 
 therefore sentenced him to be cashiered. 
 
 Which sentence has been approved and confirmed by His Ex- 
 cellency the Earl of Moira, Governor General and Commander in 
 Chief in India. 
 
 His Royal Highness the Commander in Chief directs, that 
 the foregoing charges, exhibited against Captain Samuel Dickens, 
 of the .34th Regiment, together with the Sentence of the Court, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT W. E. ELLIS.— 1815. 
 
 Horse Guards, 14 March, 1815. 
 
 At a General Court Martial, held at Bangalore, in Madras, on 
 the 8th of March, 1814, Lieutenant Ellis, of the 69th Regiment, 
 was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For being a promoter and carrier of a challenge from Lieute- 
 nant Warlock to Lieutenant Ruxton, both of the 69th Regiment, to fight 
 a duel on the 14th January, 1814. 
 
 2d. ' For being accessary to the outrage committed by Lieutenant 
 Warlock, in horsewhipping Lieutenant Ruxton, on the night of the 13th 
 January, 1814, in the neighbourhood of that Officer's house. 
 
 3d. ' For going out as second to Lieutenant Wai'lock, in a duel which 
 took place between that Officer and Lieutenant Ruxton, on the after- 
 
fV. E. EllU. 663 
 
 noon of the 14 th of January, 1814, the whole of which conduct tend- 
 ing to the prejudice of good order and military discipline, and in direct 
 violation of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having considered the evidence in support of the 
 prosecution, as well as what the prisoner. Lieutenant Ellis, has 
 said in his defence, is of opinion that he is Not Guilty of the 
 first charge preferred against him, and do, therefore, acquit him 
 of the same. 
 
 Upon the second charge the Court finds the prisoner Guilty, 
 which conduct, on the part of the prisoner, the Court considers 
 to be a shameful breach of discipline. 
 
 The Court is further of opinion, that the prisoner is Guilty of 
 the first part of the third charge exhibited against him, viz. 
 ' going out as a second to Lieutenant Warlock in a duel :' but 
 the Court is of opinion that the remaining part of the said charge 
 is not sufficiently proved. 
 
 The Court having found the prisoner. Lieutenant Ellis, of His 
 Majesty's 69th Regiment, Guilty in the above instances, do, by 
 virtue of the Articles of War, adjudge and sentence him to be 
 cashiered. Which sentence has been approved and confirmed by 
 His Excellency the Earl Moira, Governor General and Comman- 
 der in Chief in India. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, against Lieutenant Ellis, together with the 
 finding and Sentence of the Court, shall be entered in the gene- 
 ral order book, and read at the head of every regiment in His 
 Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 G. O. Horse Guards, 28 Aug. 1815. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been graciously pleased, at the 
 recommendation of His Royal Highness the Commander in Chief 
 to direct that W. E. Ellis, late a Lieutenant in the 69th Regi- 
 ment, who was sentenced by a General Court Martial, held at 
 Bangalore on the 18th March, 1814, to be cashiered, shall, in 
 consideration of the testimonials from Major General Browne 
 
664 W. Riixton and Lieut. Warlock. 
 
 and Lieutenant Colonel Syms, of his former conduct and general 
 character be restored to the functions of his commission as a 
 Lieutenant in the 69th Regiment. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Ellis is now upon the Half-pay of the 69th 
 Regiment. — Editor. 
 
 LIEUTENANT WILLIAM RUXTON.— 1815. 
 
 Horse Guards, 16 March, 1815. 
 
 At a General Court Martial, held at Bangalore, in Madras, on 
 the 22d March, 1814, Lieutenant William Ruxton, of the 69th 
 Regiment, was tried upon the following charge, viz. 
 
 ' For going out to fight a duel with Lieutenant Warlock, of the 69th 
 Regiment, on the afternoon of the 14th of January, 1814, in direct 
 violation of the Articles of War." 
 
 Upon which charge the Court found the prisoner. Lieutenant 
 William Ruxton, Guilty, and sentenced him to be cashiered. 
 
 Which sentence was approved and confirmed by His Excellency 
 the Earl of Moira, Governor General and Commander in Chief 
 in India, but afterwards remitted by his Lordship. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charge, preferred against Lieutenant William Ruxton, 
 of the 69th Regiment, together with the Sentence of the Court, 
 and the pleasure of the Governor General of India thereupon, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Vide Jan. 2, 1818, for the particulars of a subsequent 
 Court Martial held upon Lieutenant William Ruxton. — Editor. 
 
 LIEUTENANT WARLOCK.— 1815. 
 
 Horse Guards, 18 March, 1815. 
 At a General Court Martial, held at Bangalore, in Madras, 
 on the 7th March, 1814, Lieutenant Warlock^ of the 69th Re- 
 giment, was arraigned upon the undermeuUoned charges, viz. 
 
Lieut. Warlock. 665 
 
 " For behaving in a scandalous and infamous manner, such as is un- 
 becoming the character of an Officer and a Gentleman, in the following 
 instances : 
 
 1st. 'In using reproachful and provoking speeches, or gestures, to- 
 wards Lieutenant Ruxton, of the same coi-ps, on, or about, the hours 
 of 9 and 10 o'clock on the night of the 13th January, 1814, when a 
 guest at that Officer's house. 
 
 2d. ' For decoying Lieutenant Ruxton out of his house, about the 
 hours of 11 and 12 o'clock that night, and then assaulting that Officer 
 in a most outrageous manner, by severe chastisement with a horsewhip, 
 and using at the same time, the opprobrious appellation of " coward" to- 
 wards Lieutenant Ruxton. 
 
 3d. *■ In giving and sending a challenge to Lieutenant Ruxton, to fight 
 a duel the next day, whereby the latter received a wound in the foot by 
 a pistol ball discharged at him by the prisoner, on the afternoon of the 
 14th January, 1814} the whole of which conduct, on the part of Lieu- 
 tenant Warlock, tending to the subversion of good order and military 
 discipline, and in direct violation of the Articles of War.' 
 
 Upon which charges the Court came to the following decision: 
 
 The Court, having considered the evidence laid before them, 
 in support of the prosecution, as also what was offered by the 
 prisoner in his defence, is of opinion that Lieutenant Warlock 
 is Not Guilty of the first charge preferred against him, and does 
 therefore acquit him of the same. 
 
 Upon the second charge, the Court is of opinion that Lieute- 
 nant Warlock is Guilty of ' decoying Lieutenant Ruxton out of 
 his house, about the hours of 11 and 12 o'clock on the night of 
 the 13th of January, and then assaulting that Officer in a most 
 outrageous manner, by severe chastisement with a horsewhip,' 
 which conduct the Court considers to be unbecoming the cha- 
 racter of an Officer and a Gentleman, but the Court does acquit 
 the prisoner of* behaving in a scandalous infamous manner, and 
 also of making use of the opprobrious appellation of coward' 
 towards Lieutenant Ruxton, there not having been, in the 
 opinion of the Court, sufficient evidence adduced to convict the 
 prisoner of the same. 
 
 Upon the third charge, the Court finds the prisoner Guilty ' of giv- 
 ing a challenge to Lieutenant Ruxton, to fight a duel the next day,' 
 but acquit him of behaving in a scandalous, infamous manner, 
 such as is unbecoming the character of an Officer and a Gentle- 
 man, and of all and every other part of the said charge. 
 
 The Court having found the prisoner. Lieutenant Warlock, 
 
666 L. Eosbrook. 
 
 Guilty of parts of the second, and part of the third charges, 
 exhibited against him, do, by virtue of the Articles of War, ad- 
 judge and sentence him to be cashiered. 
 
 Which sentence was approved and confirmed by His Excel- 
 lency the Earl of Moira, Governor General and Commander in 
 Chief in India, but afterwards remitted by his Lordship. 
 
 His ftoyal Highness the Commander in Chief directs, that the 
 foregoing charges, exhibited against Lieutenant Warlock, of the 
 69th Regiment, together with the Sentence of the Court, and 
 the pleasure of the Governor General of India thereupon, shall 
 be entered in the general order book, and read at the head of 
 every regiment in His Majesty's service. 
 
 By command of H, R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieut. Warlock is still in the 69th Kegimeat.— ^Editor. 
 
 DEPUTY COMMISSARY L. FOSBROOK.— 1815. 
 
 Horse Guards, 25 March, 1815. 
 At a General Court Martial, held at Sydney, New South 
 Wales, on the 28th February, 1814, and continued by adjourn- 
 ments to the 4th of March following, Deputy Commissary 
 Leonard Fosbrook, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st Charge — ' That Deputy Commissaiy Leonard Fosbrook, between 
 the 31st day of August, in the year of our Lord 1812, and the 9th day of 
 October of the same yeai', (the said Leonard Fosbrook being during the 
 whole of that time, a Deputy Commissary of His Mjyesty's stores and pro- 
 visions at Hobart Town, Van Dieman's Land, and in charge of the Com- 
 missariat Department there) did erabezzlef and fraudulently misapply, or 
 cause to be embezzled or fraudulently misapplied, or did knowingly and 
 Vrilfiilly permit and sufter to be embezzled, or fraudulently misapplied, 
 or to be otherwise spoiled or wasted, divers large quantities of wheat, 
 rice, salt pork, and fresh meat, belonging to His Majesty, and under 
 his, the said Leonard Fosbrook's charge, as such Deputy Commissary, 
 as aforesaid, at His Majesty's stores at Hobart Town aforesaid, to the 
 great damage of His Majesty, and his service, contrary to the duty, 
 and in violation of the trust and confidence reposed in him, the said 
 Leonai'd Fosbrook, as such Deputy Commissary as aforesaid, and in con- 
 tempt of the Articles of War. 
 ^ 2d Charge — ' That the said Leonard^ fosbrook being such Deputy 
 
L. Fosbrook. 667 
 
 Commissary as aforesaid, on, or about, the 21st day of July, in the year 
 of our Lord 1812, did fraudulently, and without any lawful authority 
 whatever, issue and deliver, or cause to be delivered, to one Daniel An- 
 kers, of Hobart Town, aforesaid, from and out of His Majesty's stores 
 there, a large quantity, to wit, 270 pounds weight of iron, belonging to 
 His Majesty, and under the charge of the swd Leonard Fosbrook, as such 
 Deputy Commissary as aforesaid, with intent to defraud His Majesty, to 
 the great injury of His Majesty's service, contrary to the duty, and in 
 violation of the trust and confidence reposed in him, the said Leonard 
 Fosbrook, as such Deputy Commissary as aforesaid, and in contempt of 
 the Ai-ticles of War.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having heard and maturely considered the several 
 charges, preferred against the said Leonard Fosbrook, and the 
 evidence produced In support of the same, and having also heard 
 and maturely considered all such matters as the said Leonard 
 Fosbrook had to offer in his defence, and the evidence by him 
 produced in support thereof, doth adjudge that the said Leonard 
 Fosbrook is Not Guilty of ' embezzling, or fraudulently misap- 
 plying, any provisions belonging to His Majesty, and under his, 
 the said Leonard Fosbrook's charge,' as in the first charge pre- 
 ferred against him is alleged. But the Court doth nevertheless 
 adjudge, that the said Leonard Fosbrook, being a Commissary 
 of His Majesty's stores and provisions at Hobart Town, Van 
 Dieman's Land, and having charge of the Commissariat De- 
 partment there, between the Sist day of August, 1812, and the 
 9th day of October, in the same year, by his gross and criminal 
 neglect of duty, ' did wilfully suffer divers large quantities of pro- 
 visions belonging to His Majesty, and under the charge of him, 
 the said Leonard Fosbrook, namely, 457 bushels of wheat, 5204 
 pounds of rice, and a quantity of animal food, equal to 5631 
 pounds of salt pork,' to be fraudulently embezzled or misapplied, 
 by some person or persons unknown to this Court, to the great 
 detriment of His Majesty and his service, in violation of the 
 trust and confidence reposed in him, and in contempt of the Arti- 
 cles of War. 
 
 As to the 2d charge preferred against him, the said Leonard 
 Fosbrook, the Court doth adjudge that the said Leonard Fos- 
 brook, being such Deputy Commissary as aforesaid, on, or about, 
 the said 21st day of July, 1812, 'did fraudulently and without 
 laxvful authority cause to be issued, and delivered from and out 
 
668 J. Maclean. 
 
 of His Majesty's stores at Hobart Town, aforesaid, to Daniel 
 Ankers, in the said charge mentioned, 270 pounds weight of 
 iron, belonging to His Majesty, and under the charge of him, 
 the said Leonard Fosbrook, with intent to defraud His Majesty, 
 to the injury of His Majesty's service, in violation of the trust 
 and confidence reposed in him, and in further contempt of the 
 said Articles of War,' and the Court doth further adjudge, that 
 the loss and damage sustained by His Majesty, by such miscon- 
 duct of the said Leonard Fosbrook, doth amount to the sum of 
 ^553 : 8s. 4d. of good and lawful money of -Great Britain. 
 
 The Court doth further adjudge, that for the said offences of 
 which the said Leonard Fosbrook is hereby adjudged to be Guilty, 
 he, the said Leonard Fosbrook be dismissed from His Majesty's 
 service, and be for ever after incapacitated from serving His Ma- 
 jesty in any office whatsoever, civil or military; and further, that 
 the said Leonard Fosbrook shall, at his own expense, make good 
 to His Majesty, his heirs and successors, the loss and damage 
 above ascertained by this Court. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm so much of the 
 sentence of the Court, as adjudges the prisoner, Deputy Commis- 
 sary Leonard Fosbrook, to be dismissed from His Majesty's service. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, preferred against Deputy Commissary Leo- 
 nard Fosbrook, together with the Sentence of the Court, and 
 the Prince Regent's pleasure thereon, shall be entered in the ge- 
 neral order book, and read at the head of every regiment in His 
 Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JAMES MACLEAN.— 1815. 
 
 Horse Gvards, 1 July, 1815. 
 At a General Court Martial^ held at Gibraltar, on the 15th 
 February, 1815, and continued by adjournments to the 22d of 
 the same month, Lieutenant James Maclean, of the 2d Battalion 
 of the 1 ith Regiment of Foot, was arraigned upon the under- 
 mentioned charges, viz. 
 
J. Anderson. 669' 
 
 1st. ' For ehallenging Ensign Cross to fight a duel, at the mess- 
 room of the 11th Regiment in Gibraltar, on the night of the 19th No- 
 vember, 1814. 
 
 2d. ' For conduct highly unbecoming the character of a Gentleman, 
 by being in the habit of quan-elling with the Officers of his regiment, 
 pai-ticularly on the night of the 19th November, 1814, at the mess- 
 room of the regiment, in Gibraltar, when he made use of provoking lan- 
 guage to the Officers then present at the said mess, thereby disturbing 
 the harmony of his corps ; both charges being prejudicial to good order 
 and military discipline, and contrary to the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having maturely and deliberately weighed and ex- 
 amined the evidence produced on the prosecution of Lieutenant 
 James Maclean, of the 2d Battalion of the 1 1 th Regiment of 
 Foot, upon the aforesaid charges, and having also weighed and 
 considered the evidence, adduced by the prisoner in his defence, 
 is of opinion that both the said charges have been proved, and 
 finds the prisoner, Lieutenant James Maclean, Guilty of the 
 same, in breach of the Articles of War, and in virtue thereof, 
 the Court sentences the prisoner. Lieutenant James Maclean, to 
 be cashiered. 
 
 His Royal Highness the Prince ^Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Lieutenant James Maclean, of the 2d Battalion of the 11th Re- 
 giment of Foot, together with the finding and Sentence of the 
 Court, shall be entered in the general order book, and read at 
 the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Maclean was afterwards restored to the func- 
 tions of his commission, and is now upon the Half-pay of the 
 regiment. — Editor. 
 
 LIEUTENANT JAMES ANDERSON.— 1815. 
 
 Horse Guards, 3 Jufy, 1815. 
 At a General Court Martial, held at S.t. Ann's Barracks, Bar- 
 
670 J. Anderson. 
 
 badoes, on the 20th February, 1815, and continued by adjourn- 
 ments to the 22d of the same month, Lieutenant James Ander- 
 son, of the 8th West India Regiment, was arraigned upon the 
 undermentioned charges, viz. 
 
 1st. ' For being drunk and riotous in the bkrracks^ while in the sick 
 list, on the night on the 22d January, 1815. 
 
 2d. ' For attempting to force a centinel, placed over him by order of 
 Mjijor Joly, on the abovementioned night. 
 
 3d. ' For making use of opprobrious expressions to Lieutenant Henry 
 Bushman, the Adjutant of the regiment, and biting him, when in the 
 execution of his duty on the same night ; the whole being subversive of 
 all order and miUtaiy discipline, and in breach of the Rules and Articles 
 of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence produced on the part of the prosecution, 
 against the prisoner. Lieutenant James Anderson, of the 8th 
 West India Regiment, as well as. what has been proved and al- 
 leged in his defence, is of opinion : 
 
 With respect to the first charge, that the prisoner has not been 
 proved to be drunk on the evening of the 22d January last, and 
 therefore acquits him of that part of the charge, but as to his be- 
 having in a riotous manner on that evening, he being on the sick 
 list, the Court is of opinion that this part has been proved, and 
 therefore, finds him Guilty thereof; 
 
 And with respect to the second and third charges, the Court is 
 of opinion that the whole of each of them has been fully proved, 
 and doth find the prisoner Guilty thereof accordingly. 
 
 The Court having thus found the prisoner Guilty, doth sen- 
 tence and adjudge that he be cashiered. 
 
 The Court, however, cannot close its proceedings, without ad- 
 verting to the young and helpless infant children of Lieutenant 
 Anderson, who appears for a length of time to have been in His 
 Majesty's service, and in presuming to draw the attention of His 
 Royal Highness the Prince Regent to the distressed and forlorn 
 situation of Lieutenant Anderson's family, the Court most humbly 
 and respectfully begs leave to recommend this case to the gracious 
 and merciful consideration of His Royal Highness. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of Hii Majesty, to approve and con- 
 
E.B.Balgiiy. 671 
 
 firm the finding and Sentence of the Court ; and the Commaiider 
 in Chief directs, that the foregoing charges, preferred against 
 Lieutenant James Anderson, of the Sth West India Regiment, 
 together with the finding and Sentence of the Court, shall be 
 entered in the general order book, and read at the head of every 
 corps in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Anderson was afterwards restored to his com- 
 mission, and is now upon the Half-pay of the Royal York 
 Rangers . — Editor. _J 
 
 CAPTAIN EDWARD BRIAN BALGUY.— 1815. 
 
 Horse Guards, 5 July, 1815. 
 
 At a General Court Martial, held at St. Ann's Barracks, Bar- 
 badoes, on the 14th March, 1815, and continued by adjourn- 
 ments to the 17th of the same month. Captain Edward Brian 
 Balguy, of the York Chasseurs, was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. ' For being drunk when on regimental duty, as Captain of the day, 
 in the Garrison of St. Ann's, on, or about, the 7th January last. 
 
 2d. ' For quitting his quarters when in close arrest, on the 9th and 
 10th of January, 1815, and repeatedly also between that period and the 
 1 St of Febniary, such conduct being subversive of good order, military 
 discipline, and in breach of the Articles of War. 
 
 3d. ' For highly unofficerUke conduct in the Garrison of St. Ann's, in 
 the Island of Barbadoes, on, or about, the 22d February, 1815, in going 
 (when under an arrest at large) to the Officers' mess-room of the York 
 Chasseurs, at, or about, three o'clock in the afternoon, and there drink- 
 ing to such an excess, that he was unable, from intoxication, to leave the 
 same mess-room, and was obliged to be carried to his quarters in a chair, 
 by a Serjeant and a file of men of the garrison piquet; such conduct 
 being highly subversive of good order and military discipline, and in 
 breach of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence produced against the prisoner. Captain Edward Brian 
 Balguy, of the York Chasseurs, as well as what he has alleged 
 and proved in his defence, on the three several charges preferred 
 against him, is of opinion as follows : 
 
672 E. B. Balguy. 
 
 As to the first charge, thfe court is of opinion, that the same 
 has been proved, and doth,~ therefore, find the prisoner Guilty 
 thereof, in breach of the Articles of War* 
 
 As to the second charge, the Court is of opinion, that this 
 charge has not been satisfactorily proved, and acquits the prisoner 
 thereof. 
 
 As to the third charge, the Court is of opinion that the pri- 
 soner is Not Guilty thereof., 
 
 The prisoner being thus found Guilty of the first charge, the 
 Court doth sentence that he be cashiered. 
 
 Having thus been under the painful necessity of finding the 
 prisoner Guilty, and of awarding that specific punishment which 
 the Articles of War have prescribed, without any discretionary 
 alternative, the Court cannot but feel a strong, and, as they trust, 
 a pardonable, impulse to interest themselves in the prisoner's 
 favour. Circumstances have appeared to them, in the course of 
 this trial, amounting to a conviction, that the prisoner laboured 
 under considerable perturbation of mind, from private occurrences, 
 heightened by the epileptic complaint, to which he has been 
 proved to be unfortunately subject; the whole, probably, the re- 
 sult of his wounds and fatigues, and on a constitution shattered 
 and enfeebled as his is, the effects of liquor may be fairly sup- 
 posed to operate more powerfully, than on a stronger habit ; and 
 the Court cannot but recollect, that, on the evening of his being 
 on duty, as Captain of the day, he had fallen in with some of his 
 brother Officers, when the glorious achievements on the Penin- 
 sula became the topic of conversation, and as he himself had 
 been a sharer in them, his spirits might naturally have been hur- 
 ried away, on a subject so animating and interesting. 
 
 In thus presuming to express a wish in extenuation of a crime, 
 so peremptorily defined, and generally so disgraceful and injurious 
 to His Majesty's service, the Court cannot avoid being impressed 
 with the hope, that the circumstances of this case, and particu- 
 larly the prisoner's long and active services, and the wounds which 
 he has received (to which it is by no means unfair to impute his 
 present misfortunes) may open the door to an alteration of his 
 unhappy situation, and, with these feelings, they beg leave most 
 humbly and respectfully to recommend him to the gracious coht 
 
M. lianiei/. 6:3 
 
 sideration and clemency of His Royal Highness the Prince Rea- 
 gent. 
 
 The Prince Regent has been pleased^ in the name and on the 
 behalf of His Majesty, to approve and confirm the findirJg and 
 Sentence of the Court ; but at the same time remarked that the 
 Court have yielded more to their feelings of humanity in their 
 recommendation of the prisoner's case, than the circumstances 
 stated on the face of the proceeding would warrant ; for, not- 
 withstanding the merit and bravery which may have marked 
 Captain Balguy's former conduct, in the active duties of his pro-' 
 fession, no doubt can be. entertained of his constant indulgence 
 'in a disgraceful habit, which equally unfits him for the service, as 
 for society. 
 
 In consideration, however, of all the circumstances attending 
 his former good conduct, his wounds and services, and the recom-- 
 mendation of the Court, His Royal Highness has been pleased to 
 command, that he, Captain Balguy, shall be allowed to receive 
 the regulated value of his commission. 
 
 The Commander in Chief directs, that the foregoing charges, . 
 preferred against the prisoner, Captain Edward Brian Balguy, of 
 the York Chasseurs, together with the finding and Sentence of 
 the Court, and the Prince Regent's pleasure thereon, shall be 
 entered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief, t 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Balguy died shortly afterwards. — Editor. 
 
 LIEUTENANT MICHAEL HANLEY.— 1815- 
 
 Horse Guards, 13 July,' 1815. 
 At a General Court Martial, held at Bombay, on the 18th of- 
 March, 1814, and on subsequent days, Lieutenant Michael Han- 
 ley, of the 65th Regiment, was tried upon the following charges, . 
 preferred against him by Lieutenant Pierard, of the 47th Regi- 
 ment, viz. 
 
 1st. 'For having, on the 7th of February, preferred against me 
 charges of a frivolous, vexatious, and malicious nature, highly reflecting 
 
 X X 
 
674 M. Hanky. 
 
 upon my honour and character, both as an Officer and a Gentleman, and 
 which charges he could not substantiate before a General Court Martial, 
 assembled on the 1st instant, for the purpose of investigating them, and 
 of which I was fully acquitted. 
 
 ■ 2d. ' For shameful, scandalous, and infamous conduct, such as is 
 highly unbecoming the character of an Officer and a Gentleman, in hav-i 
 ihg, on the 10th instant, sent to me, by his Portugueze servant, my 
 sword cane, which he had kept since the 6th of February last, as my 
 aiTested sword, vdth the blade broken in two, with the words " A Pol- 
 troon and Coward," wrote in printed letters on the lower part of the 
 blade. 
 
 3d. ' For highly improper and shameful conduct, such as is unbecom- 
 ing; the character of an Officer and a Gentleman, in having, on the 10th 
 instant, rolled; round the sword cane, and addressed to me a caricature, 
 which he had himself drawn, in which I was represented ; with the words 
 " Rascality and Cowardice," written underneath ; such conduct being ' 
 highly disgraceful and prejudicial to good order and military discipline. 
 
 (Signed) ' HENRY PIERARD, Lieut. His Majesty's 47th Regtf 
 'Bombay, 12. March, 1814.' 
 
 Upon which charges the Court came to the following decision: 
 
 The Court, having maturely considered, the evidence for and 
 against the prosecutor, together with what the prisoner, Lieute- 
 nant Michael Hanley, has alleged in his defence, are of the fol- 
 lowing opinion on the respective charges preferred against him by 
 Lieutenant Pierard, of His Majesty's 47th Regiment, viz. 
 
 With respect to the first, charge, the Court are of opinion that 
 the prisoner is Guilty. 
 
 With respect to the second charge, the Court are of opinion 
 that the prisoner is Guilty, with the exception of the words, ' as 
 ray arrested sword.' 
 
 With respect to the third charge, the Court are of opinion 
 that the prisoner is Guilty to the following extent, viz. ' of highly 
 improper and shameful conduct, such as is unbecoming the cha- 
 racter of an Officer and a Gentleman, in having, on the 10th in- 
 stant, addressed to Lieutenant Pierard a caricature, in which he 
 was represented ; with the words, ' Rascality and Cowardice,' 
 written underneath ; such conduct being highly disgraceful and 
 prejudicial to good order and military discipline. 
 
 Having found the prisoner Guilty to the ej^tent specified above, 
 in breach of the 28th Article of the l6th Section of the Articles 
 of War, they do, therefore, sentence him, the said Lieutenant 
 Michael Hanley, to be discharged from the service. 
 
W. ScoU. 675 
 
 Which sentence appears to have been approved and confirmed 
 by His Excellency the Earl Moira, Governor General and Com- 
 mander in Chief in India. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, preferred against Lieutenant Michael Hanley, 
 of the 65th Regiment, together with the finding and Sentence of 
 the Court, shall be entered in the general order book, and read 
 at the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT WILLIAM SCOTT.— 181^. 
 
 Horse Guards, 15 Julff, 1815. 
 
 At a General Court Martial, held at Bombay, on the 9th July, 
 1814, and on subsequent days. Lieutenant William Scott, of the 
 47th Regiment of Foot, was tried upon the following charge, viz. 
 
 " For insidious, scandalous, and infamous conduct, such as is unbe-i 
 cocuing the cheiracter of an Officer and a Gentleman, in the following 
 instances : 
 
 1st. ' For having, on, or about, the 14th of June, solicited Lieutenant 
 James Hutchinson, to forget all past differences, and by prevailing upon 
 Lieutenant Hutchinson to agi'ee to live on terms of intimacy and friend- 
 ship with him for the future, and after some days affable and familiar in- 
 tercourse, entering the quarters of Lieutenant Hutchinson, on the 4th 
 instant (July, 1814), and then abruptly dissolving the good undei^tand- 
 ing he bad so lately courted, and requiring Lieutenant Hutchinson to 
 fight him. 
 
 2d. 'For having jiledged his word of honour, to Major Cheyne, to lay 
 aside all hostile designs against Lieutenant Hutchinson, and, on the fol- 
 lowing morning, breaking so serious an engagement. 
 
 3d. ' For having, whilst upon duty, on the morning of the 5th instant 
 ^July, 1814), sent to challenge Lieutenant Hutchinson, his senior Officer, 
 to fight a duel, in breach of the Articles of War, and subversive of good 
 order and military discipline.' 
 
 Upon which charge the Court found the prisoner Guilty to the 
 ftill extent of the charge as set forth in the several instances, and 
 sentenced him to be discharged from His Majesty's service. 
 
 Which Sentence has been approved and confirmed by His Ex- 
 cellency the Earl of Moira, Governor General and Commander in 
 Chief in India. 
 
 His Royal Highness the Commander in Chief directs, that the 
 
 X X 2 
 
676 H. Pierard. 
 
 foregoing charge, preferred against Lieutenant William Scott, of 
 the 47th Regiment, together with the finding and Sentence of 
 the Court, shall be entered in the general order book^ and read 
 at the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT HENRY PIERARD.— 1815. 
 
 Horse Guards^ 17 July, 1815. 
 At a General Court Martial, held at Bombay, on the 21st and 
 22d days of July, 1814, Lieutenant Henry Pierard, of His Majes- 
 ty's 47th Regiment, was tried upon the following charge, viz. 
 
 ' In having given a challenge to Lieutenant James Hutchinson, his 
 senior Officer, from Lieutenant William Scott, pf the same regiment, to 
 fight a duel, the same being subversive of discipUUe, and a breach of the 
 Articles of War." 
 
 Upon which charge the Court found the prisoner Guilty, and 
 sentenced him to be cashiered. 
 
 Which sentence appears ta have been approved and confirmed 
 by His Excellency the Earl of Moira, Governor General and 
 Commander in Chief in India. 
 
 His Royal HighneSs the Commander in Chief directs, that the 
 foregoing charge, preferred against Lieutenant Henry Pierard, of 
 the 47th Regiment, together with the finding and Sentence of the 
 Court, shall be entered in the geiieral order book, and read at the 
 head of every regiment in His Majesty's service. 
 
 By command of H. R.H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen, 
 
 G.O. Horse Guards, 24 Feb. 1818, 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been graciously pleased to direct, 
 that Henry Pierard, late a Lieutenant in the 47th Regiment, who 
 was sentenced by a General Court Martial, held at Bombay, in 
 the month of July^ 1814, to be cashiered, shall be re-instated in 
 bis former rank in the 47th Regiment. 
 
 By command of H. R. H. the Commander in Chief. . 
 HARRY CALVERT, Adj. Gen. 
 
M. R. Freeman. 677 
 
 N. B. Lieutenant Pierard is now upon the Half-pay of die 4 1 st 
 Regiment. — Editor. 
 
 CAPTAIN MATTHEW R. FREEMAN.— 181.5. 
 
 ,, , „ „,, Horse Guards, 26 Julu, 1815. 
 
 MY LORD DUKE, ^ 
 
 Having laid before the Prince Regent the proceedings 
 of a General Court Martial, held at Bruxelles, on the 28th Fe- 
 bruary, 1815, and continued by adjournments to the 24th of the 
 following month, for the trial of Captain Matthew Robert Free- 
 man, of the 33d Regiment, who was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. 'For conduct unbecoming the character of an Officer and a Gen- 
 tleman, and highly prejudicial to military discipUue, in appeai'ing in the 
 streets of Menin, on the night of the 19th December last, in a most dis- 
 graceful state of intoxication, and exposing himself in presence' of' a pri- 
 vate soldier of the regiment, and afterwards coming to the quarters of his 
 commanding Officer, Lieutenant Colonel Elphinstone, about one o'clock, 
 in the morning of the 20th December last, in the same state of intoxica- 
 tion before described, and disfigured with dirt and blood, and at that un- 
 seasonable hour, insisting on seeing him. 
 
 • 2d. ' For conduct unbecoming the character of an Officer and a Gen- 
 tleman, in making a false report to his Commanding Officer, Lieutenant 
 Colonel Elphinstone, of his having been yiolently assaulted by Ensign 
 Watson, of the same regiment, on the night of the 19th December last, 
 the whole of which conduct being subversive of good order and mditaiy 
 discipline, and highly injurious to His Majesty's service," 
 
 Upon which charges the Court came to the following deci- 
 sion : 
 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence adduced in support of the prosecution against 
 the prisoner, Captaia Matthew Robert Freeman, of the 33d Re- 
 giment, together with what he has brought forward in his defence, 
 and the evidence thereon, are of opinion that he is Guilty of the 
 ] st charge preferred against him, inasmuch as, viz. ' for conduct 
 unbecoming the character of an Officer and a Gentleman, and 
 highly prejudicial to military discipline, in appearing in the streets 
 of Menin, on the night of the 20th of December last, in a most 
 disgraceful state of intoxication, and exposing himself in presence 
 of a private soldier of the same regiment, and afterwards coming 
 to the quarters of his Commanding Officer, Lieutenant Colonel 
 
67§ W. Ireland, 
 
 Elphinstone, about one o'clock, on the morning of the 121st of 
 December last, in the same state of intoxication before described, 
 disfigured with dirt and blood, and at that unseasonable hoiir, in-r 
 fisting on seeipg him.' 
 
 With regard to the 2d charge, the Court are of opinion that the 
 prisoner is Not Guilty, and do acquit him thereof. 
 
 The Court, having found the prisoner Guilty, as specified in 
 the first charge, being a breach of the Articles of War, dp, by 
 virtue thereof, sentence him, the prisoner. Captain Matthew Rot 
 bert Freeman, of the 33d Regiment to be cashiered. 
 
 I am to acquaint your Grace, that His Royal pighness was 
 pleased, in the name and on the behalf of His Majesty, tq ap^ 
 prove and confirm the finding ai^d Sentence of the Cpurt. 
 I am, my Lord Duke, Your's, 
 (Signed) FREDERICK, Commander in Chief, 
 
 field Marshal the Duke of Wellington, Sj-C. SfC. SfC. 
 
 SURGEON WILLIAM IRELAND.— 1815. 
 
 Horse Guards, 8 ^ug. 1815, 
 At a General Court Martial, held at Fort Zealandia, in the co- 
 lony of Surinam, on the l6th December, 1814, and continued 
 by adjournments to the 23d January, 1815, Surgeon William 
 Ireland, of the 4th Battalion 60th Regiment, was arraigned upon 
 the undermentioned charges, viz. 
 
 1st. ' For conduct unbecoming the character of an Officer and a Gen- 
 tlenian, in attaphing and signing false certificates to his steward's expen- 
 diture book, within the period from the month of February, 1814, to the 
 3d of September, 1814, inclusive, being in breach of the icicles of War. 
 2d. ' For conduct unbecoming the character of -an Officer and a Gen- 
 tleman, from a period since his arrival in the colony, to the 3d Septem- 
 ber, 1814, in defrauding, or allowing the public to be defrauded, by 
 charging, or allowing to be charged, in his hospital accounts, certain ar- 
 ticle or articles, purchased for the regimental hospital, under his chai'ge, 
 sums of money, double, or thereabouts, to the current market prices, or 
 what were actually and bon4 fide paid for them, in breach of the Articles 
 of War.' 
 
 Upon which charges the Court came to the following deci- 
 sion: 
 
 The Court, having duly and solemnly weighed and considered 
 
J¥. Ireland. 679 
 
 the several matters of accusation against tte prisoner, Sdrgeoa 
 William Ireland, of the 4£h Battalion 60th Regiment of Foot, 
 and what has been brought forward in support of the prosecu- 
 tion, as well as what the prisoner has adduced in his defence, and 
 having further entered into a most minute examination of all the 
 accounts of the hospital of the 4th Battalion GOth Regiment, is of 
 opinion as follows : 
 
 With-respect to the first charge, that the prisoner is. Guilty 
 thereof. 
 
 With respect to the second charge, the Court is of opinion that 
 the prisoner is Guilty of ' defrauding, or allowing the public to be 
 defrauded, by charging, or allowing to be charged, in the hospital 
 books, of the 4th Battalion 60th Regiment, the sum of pfc'24 : 12*. 
 sterling, over and above the current market value, on the articles 
 of soap, salt, oil, porter, paper, port wine, two brass cocks for 
 wine barrels, and two sweeping brushes,' supplied for the use of 
 the said hospital, under his charge, during the periods corapre- • 
 heuded in the charges. 
 
 The Court, having thus found the prisoner. Surgeon William 
 Ireland, of the 4th Battalion 60th Regiment, Guilty of both the 
 charges preferred against him, in breach of the Articles of War, 
 do sentence and adjuge him, the prisoner, to be cashiered; and 
 further, that he shall refund to the public, the said sum of o£'24 
 12*. sterling money, being the amount so overcharged by him in 
 his pt,blic accounts. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court, subject to a revision 
 by the Medical Board of the sum alleged to be due to the public. 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Surgeon William Ireland, of the 4th Battalion 
 Goth Regiment, together with the finding and Sentence of the 
 Court, and the Prince Regent's pleasure thereon, shall be entered 
 in the general order book, and read at the head of every regiment 
 in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen, 
 
680 J. Colliee. 
 
 PAYMASTER JAMES COLLIER— 1815. 
 
 . Horse Guards, 9 Aug. 1815, 
 
 At a General Court Martial, held at the Cape of Good Hope, 
 on the 26th January, 1815, and continued by adjournments to the 
 1st February following. Paymaster James Collier, of the 21st 
 Light Dragoons, was arraigned upon the undermentioned charges, 
 yiz. 
 
 1st. ' For shameful neglect of duty, in not keeping the accounts of his 
 department in a regular manner ; and for over-drawing his estimates to 
 the 24th December, 1809, to the amount of £249 : 2s. 8|rf. sterling, or 
 thereabouts ; and not remitting the same either to the agents of the corps, 
 or paying the same to the Deputy Paymaster General on this station, 
 such being contrary to his instructions. 
 
 2d. 'For embezzling, or misapplying various sums of money, amount- 
 ing to 6163 Rix Dollars, 4 Skillings, Cape currency, on account of the 
 different sales of cast horees ; also the proceeds of fifteen cast horses, sold 
 the 23d May, 1808, and one sold in the interior of the colony, the 28th 
 December, 1810, and not remitting the same to the Deputy Commissary 
 General on this station, or crediting such sums to the public. 
 
 3d. ' For not having remitted a considerable sum of money on account 
 of income tax, arising from the pay of Officers of the 21 st Light Dra- 
 goons, although he, Payrhaster Collier, had deducted it oat of their pay, 
 from 25th February, 1807, to 24th August, 1813. 
 
 4th. ' For conduQt unbecoming the character of an Officer and a Gen- 
 tleman, in embezzhng, or misapplying various sums of money, entrusted 
 to his charge, as Payinaster of the 21st Light Dragoons, on account of 
 the pay, bit, and forage, and allowances of several Officers of the regi» 
 ment, amounting to .£247 : Is. 8d. sterling, and 2396 Rix Dollars, 5 
 Skillings, and 4 Stivers, Cape currency, or thereabouts ; also the sum of 
 ^43 : 10s. 2J(i. sterling, or thereabouts ; being part of arrears of pay 
 due to the men of Captains Gleadowe's, Crawford's, Hawkes's, Ord's, 
 Leckey's, Jones's, and Grey's troops, from the 25th June, to the 24th 
 August, 1813, which he. Paymaster CoUier, received from the Deputy 
 Paymaster General on the station. 
 
 5th. 'For embezzling, or misapplying the sum of £297 : 13s. 4|rf; 
 sterling, or thereabouts, entrusted to his charge, as Paymaster, being 
 monies due to General Tarleton, Colonel 21st Light Dragoons, Thomas 
 Bottom, Farrier Major; Serjeants Anthony M'Gregor, andEdwardDveyer, 
 Seijeant Armourers ; and Segeant Sadler James King, part of which 
 being the salaries of the regimental armourers and sadler. 
 
 6th. 'For embezzling, or misapplying the sum of £4 : 17s. 9d. ster- 
 ling, teing an hospital surplus entrusted to his charge^ as Paymaster of 
 the 21st Light Dragoons; as also not remitting the sum of £25 : 14s. 2d. 
 steiiing, on account of the effects of decease^ Officers and soldiers of 
 the 21st Light Dragoons, to the agents, which he. Paymaster Collier, 
 deducted in his accounts with the regiment. 
 
 7th. • 1st Connt — For non-payment of a bill of 500 Rix Dollars, Cape 
 
J. Collier. 681 
 
 currency, drawn by Captain Wallace, of the 21st Light Dragoons, on 
 account of pay and subsistence due to his troop, when stationed in the 
 interior of the colony, between the 9th October, 181 1, and 25th Decem- 
 ber, 1812, although accepted by Paymaster Collier. 
 
 2d Count — ' For unolRcer and ungentlemanlike conduct, in embezzling, 
 or misapidying the sum of 1 121 Rix Dollars, 7 SkiUings, and 5 Stivers, 
 Cape currency, or thereabouts, being monies entrusted to him. Paymaster 
 Collier, by Seijeant Fanell, and Lance Serjeant Bai-rowclough, mess- 
 man, and private A. B. Fyffe, of the 21st Light Dragoons. 
 
 3d Count — ' For embezzling, or misapplying the sum of £12 : \s. 9d. 
 sterling, or thereabouts, being monies due by him, Paymaster Collier, to 
 privates William Maddox, John Denby, Benjamin Piggin, and John 
 Griffiths, of Captain Gleadowe's troop ; Edward Daw, Richard Daw, and 
 John Salman, of Captain Grey's troop, and Wilham Thorp, of Captain 
 Crawford's troop.' 
 
 The prisoner pleaded Guilty to the 1st, 2d, 4th, and 1st count 
 of the 7th charges, and Not Guilty of the 3d, 5th, and 6th charges, 
 and of the 2d and 3d counts of the 7th charge. 
 
 Upon which charges the Court came to the following decision : 
 
 The Court^ having most maturely weighed the evidence on the 
 
 part of the prosecution, with what the prisoner, Paymaster James 
 
 Collier, of the 2 1 st Light Dragoons, has stated in his defence, is 
 
 of opinion as follows : 
 
 The Court is of opinion that he is Guilty of the first charge. 
 The Court also finds him, the said Paymaster James Collier, 
 Guilty of the second charge. 
 
 "•With regard to the third charge, the Court is of opinion that 
 the prisoner. Paymaster James Collier, is Guilty to the following 
 extent, viz. * of not having remitted a considerable sum of money, 
 on account of income tax, arising from the pay of Officers of the 
 2 1 st Light Dragoons,' which sum appears to the Court, from the 
 statenient laid before them, by the prosecutor, to amount to 
 c£2446 : 3s. Q^d. sterling, or thereabouts. 
 
 The Court finds the prisoner. Paymaster James Collier, Guilty 
 of the fourth charge. 
 
 The Court finds the prisoner. Paymaster James Collier, Guilty 
 of the fifth charge. 
 
 With respect to the sixth charge, the Court is of opinion that 
 the prisoner, Paymaster James Collier, is Guilty of the first part 
 thereof; but as to the latter part of the said charge, the Court 
 finds hiin Guilty to the following extent, viz. ' of not having re- 
 
682 J. Collier. 
 
 mitted a sum of money on account of the effects of deceased 
 OifBcers and soldiers of the Slst Light Dragoons, tq the agents ;' 
 from the statement given into Court by the prosecutor, the totai 
 amount of sums due on this head, is ^70: 15s. OJd. sterling : 
 by deducting the two sums of money remitted to the agents by 
 bills of exchange, from the Deputy Commissai-y Oen'eral, on this 
 account, there appears to be a balance of ^14 : IQs. Ojd. sterling, 
 still due from the prisoner. 
 
 Tlie Court finds the said prisoner. Paymaster James Collier, 
 Guilty of the first count of the seventh charge. 
 
 The Court also finds him Guilty of the second count of the 
 said charge, to the following extent, viz. ' of unofiScer and un- 
 gentle,manjik0 conduct, in embezzling, or niisapplying the sum of 
 1036 Rix Dollars, 7 Skillings, and 5 Stivers,' being monies en- 
 trusted to him as follows, viz, OOO Rix Dollars, with interest 
 thereon, by Mrs. Ellen Farrell, late Stanley, 98 Rix Dollars by 
 private A. B. Fyffe, and 58 Rix Dollars, 7 Skillings, and 5 Stivers, 
 by Lance Serjeant Barrowelough. 
 
 With respect to the third count of the said charge, the Court 
 is of opinion that the prisoner, Paymaster James Collier, is Not 
 Guilty, it appearing from a document produced to the Court, 
 from the cavalry d6p6t, that the men mentioned in this count have 
 made unfounded claims, excepting private William Thorp, upon 
 whose claim, he being in the interior of the colony, the Court 
 have no means of deciding. 
 
 The above charges, of which the prisoner has been found 
 Guilty, being in breach of the Articles of War, the Court does, 
 therefore, sentence the said prisoner. Paymaster James Collier, 
 of the 21st Light Dragoons, to be dismissed from His Majesty's 
 service, to be rendered incapable of serving His Majesty in any 
 office, civil or military, to make good the losses sustained, (as 
 specified in the opinion of the Court on the several charges,) and 
 to be imprisoned for the space of twelve calendar months. 
 
 It is considered by the Court, in regard to the deficiency or 
 sum due to the public, on account of the sale of sixteen cast 
 horses, mentioned in the second charge, the produce of which is 
 unascertained for causes stated in the proceedings of the Court, 
 that the most equitable mode of fixing the said sum, will be to 
 
M, O'Flamagan. 683 
 
 charge the prisoner, for each of the said sixteen horses, at the 
 average rate for which the whole number of cast horses sold in the 
 colony, hqve been disposed of: which average would produce the 
 sum of 741 Rix Dollars, 2 Skillings, and 4 Stivers, Cape currency, 
 or thereabouts. 
 
 The Court is aware, however, that the int?-icate state of, and in 
 some instances, total want of, documents to elucidate the said 
 Paymaster's accounts, there is much reason to apprehend, that on 
 a critical examination of them, the balances stated in the opinion 
 of the Court to be due to the public, may not be the exact sum 
 due by Paymaster James Collier, and the Court has, therefore, 
 framed its decision accordingly, with the intention that it should 
 apply to the real amount of the deficiency of public money, when 
 it can be ascertained on a complete settlement of his accounts. 
 
 His Royal Highness the Prince Regent, in the name and on the 
 behalf of His Majesty, has been pleased to approve and confirm 
 the finding and Sentence of the Court, subject to a revision by 
 the War-Office of the sum alleged to be due to the public. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Paymaster James Collier, of the 21st Light 
 Dragoons, together with the finding and Sentence of the Court, 
 and the Prince Regent's pleasure thereon, shall be entered in the 
 general order book, and read at the head of every regiment in His 
 Jfajesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT M. OTLANNAGAN.— 1815. 
 
 Horse Guards, 14 Aug. 1815. 
 
 At a General Court Martial, held at Montreal, in Canada, on 
 the 18th February, 1815, and continued by adjournments to the 
 24th of the same month, Lieutenant Michael O'Flannagan, of the 
 8th (or King's) Regiment of Foot, was arraigned upon the under- 
 mentioned charge, viz. 
 
 " For misbehaviour before the enemy : — 
 
 1st. ■ ' In laying himself on the gi-ound, in rear of the division to which 
 ke was attached, while the regiment was actually engaged with the 
 enemy, on the 5th July, 181-1. 
 
684 if. Proctor. 
 
 2(1. / For quitting his division, Vithoiit leave, 'whilst the regiment was 
 actually engaged with the enemy, on the evening of the 5 th July, 1814, 
 ajid withdravidng himself towards Fort George.' 
 
 Upon whichi charge the Court came to the following decision : 
 
 The Court, having fully and maturely weighed and considered 
 the proceedings, is of opinion that the prisoner. Lieutenant 
 iMichael O'Flannagan, of the 8th (or King's) Regiment, is Guilty 
 of the crimes laid to his charge, and does, therefore, sentence him, 
 Lieutenant Michael OTIannaghan, of the 8th (or Kiag's). Regi- 
 ment, to be cashiered. 
 
 His Royal Highness has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and the Commander in Chief directs, that 
 the foregoingv charge, preferred against Lieutenant O'Flannagan, 
 of the 8th'(or King's) Regiment of Foot, together with the find- 
 ing and Sentence of the Court, shall be entered in the general 
 order book, and read at the head of every regiment in His Ma- 
 jesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 MAJOR GENERAL HENRY PROCTOR.— 1815. 
 
 Horse Guards, 9 Sept. 1815. 
 
 At a General Court Martial, held at Montreal, in Upper 
 Canada, on the 21st December, 1814, and continued by adjourn- 
 ments to the 28th January, 1815, Major General Henry Proctor, 
 Lieutenant Colonel of the 41st Regiment, was arraigned upon 
 the undermentioned charges, viz. 
 
 1st. ' That the said Major General Proctor, being entrusted with the 
 command of the right division of the ai'my, serving in the Canadas, and 
 the retreat of the said division, from the western parts of Upper Canada, 
 havipg become unavoidable from the loss of the fleet, on Lalie Erie, on 
 the 10th September, 1813, did not, immediately after the loss of the 
 fleet was knovra by him, malie the militaiy arrangements best calculated 
 for promptly effecting such retreat, and unnecessarily delayed to com- 
 mence the same, until the evening of the 27th of the said month, on 
 which day the enemy had landed in corisiderable force, within a short 
 distance of Sandwich, the headquarters of the said division j such conduct, 
 on the part of the said Major General Proctor, endangering the safety 
 pf'the troops under his command, by exposing them to be attacked by a 
 
U. Proctor. 685 
 
 force far superior to them ; being contrary to his duty as an Officer, pre-- 
 judicial to good order and military discipline, and contrary to the Ar- 
 ticles of War. 
 
 2d. ' That the said Major General Proctor, after commencing the re- 
 treat of the said division, on the said 27th September, although he had 
 reason to believe, that the enemy vi^ould immediately follow it with very 
 superior numbers, and endeavour to harrass and impede its march, did 
 not use due expedition, or take the proper measures for conducting the 
 said retreat, having encumbered the said division with large quantities 
 of useless baggage, having unnecessarily halted the troops for several 
 days, and having omitted to destroy the bridges over which the enemy 
 would be obliged to pass, thereby afibrding them the opportunity to 
 come up with the said division; such conduct betraying great profes- 
 sional incapacity on the part of the said Major General Proctor, being 
 contrary to his duty as an Officer, prejudicial to good order and military 
 discipline, and contrary to the Articles of War. 
 
 3d. ' That the said Major General Proctor did not take the necessary 
 measures for affording security to the boats, waggons, and carts, laden 
 with the ammunition, stores, and provisions, required for the troops on 
 their retreat, and allowed the said boats, waggons, and carts, on the 4th 
 and 5th October, 1813, to remain in the rear of the said division, whereby 
 the whole, or the greater part of the said ammunition, stores and provi-J 
 sions, either fell into the enemy's hands, or were destroyed to prevent 
 their capture, and the troops were without provisions for a whole day, 
 previous to their being attacked on the said 5 th of October ; such con- 
 duct on the part of the said Major General Proctor, being contrary to 
 his duty as an Officer, prejudicial to good order and military discipline, 
 and contrary to the Articles of War. 
 
 ' 4th. ' That the said Major General Proctor, having assured the Indian 
 chiefs in council, at Amhertsburgh, as an inducement to them and their 
 warriors, to accompany the said division on its retreat, that on their ar- 
 rival at Chatham, they should find the forks of the Thames fortified, did 
 nevertheless neglect to fortify the same ; that he also neglected to oc- 
 cupy the heights above the Moravian village, although he had previously 
 removed his ordnance, with the exception of one six-pounder, to that po- 
 sition, where, by throwing up works, he might have awaited the attack 
 of the enemy, and engaged them to great advantage ; and that after ihe 
 intelligence had reached him, of the approach of the enemy, on the morn- 
 ing of the said 5th of October, he halted the said division, notwithstand-^ 
 ing it was within two miles of the said village, and formed it in a situation 
 highly unfavourable for receiving the attack which aftenvards took place; 
 such conduct manifesting great professional incapacity on the part of the 
 said Major General Proctor, being contraiy to his duty as an Officer, 
 prejudicial to good ordei- and military discipline, and contrary to the Ar- 
 ticles of War. 
 
 5th. ' That the said Major General Proctor did not, on the said 5th 
 day of October, either prior to, or subsequent to, the attack by the enemy 
 on the said division, on that day, make the military dispositions best 
 adapted to meet, or to resist, the said attack, and that during the action. 
 
686 H. Proctoi: 
 
 and after the tl-oops had' given way, he did not make any eflectual at* 
 tempt in his own person, or otherwise, to tsMy, or encourage them, or to 
 co-operate with, and support the Indians, who were engaged with the 
 enemy on the right, the said Major General Proctor having quitted the 
 field, soon after the action commenced ; such conduct, on the part of 
 M^or General Pifottoi", betraying great professional incapacity, tending 
 to the defeat and dishonour of His Majesty's artos, to the sacrifice of the 
 division of the army, committed to his chai-ge, being in violation of his 
 duty, and unbecoming and disgraceful to his character as an Officer, pre^ 
 judicial to good order and military discipline, and contrary to the Articles 
 of War.' 
 
 Upon which charges the Court came to the following decision i 
 
 The Court, having duly weighed and considered the evidfence 
 adduced, as well in support of the charges, as in support of the 
 defence, is of opinion : 
 
 That the prisoner. Major General Henry Proctor^ Lieutenant 
 Colonel of the 41st Regiment^ is' Not Guilty of any part of the 
 1st charge ; and the Court doth, therefore,, wholly acquit him, the 
 said Major General Proctor, of the same. 
 
 On the 2d charge,-the Court is of opinion that the said Major 
 General Proctor, is Guilty of the following part thereof, ' that 
 he did not take the proper measures for conducting the retreat ;' 
 but the Court is of opinion, that the said Major General Proctor 
 is Not Guilty of any other part of the said charge, and doth, 
 therefore, acquit him of the same. 
 
 On the 3d charge, the Court is of opinion that the said Major 
 General Proctor is Guilty of that part thereof, in which it is 
 charged, 'that the said Major General Proctor did not take the 
 necessary measures for affording security to the boats, waggons, 
 andi carts, laden with the ammunition, stores, and provisions, re- 
 quired for the troops on their retreat ;' but the Court is of opi- 
 nion, that the said Major General Proctor is Not Guilty of any 
 part of the remainder of the sai^ charge, and doth, therefore, acquit 
 him of , the remainder thereof. 
 
 On the 4th charge^ the Cpurt is of opinion that the said Major 
 General Proctor is Guilty of that part thereofj in which it is 
 charged, ' that he neglected to occupy the heights above the 
 Moravian village, although he had previously removed his ord- 
 nance, with the exception of one six^pounder> to that position, 
 where, by throwing up works, he might have awaited the attack 
 
H. Proctor. 687 
 
 of the enemy, and engaged them to great advantage; and that 
 after the intelligence had reached him of the approach of the 
 enemy, on the morning of the said 5th October, he halted the 
 said division, notwithstanding it was within two miles of the said 
 village, and formed it in a situation highly unfavourable for re- 
 ceiving the attack, which afterwards took place ;' but the Court 
 is of opinion that the said Major General Proctor is Not Guilty 
 of any part of the remainder of the said charge, and doth, there- 
 fore, acquit him of the remainder thereof. 
 
 On the 5th charge, the Court is of opinion that the said. Major 
 General Proctor is Guilty of that part thereof, in which it is 
 charged, ' that he did not, on the said 5th day of October, either 
 prior to, or subsequent to, the attack, by the enemy, on the said 
 division, on that day, make the military dispositions best adapted 
 tp meet or to resist the said attack ;' but the Court is of opinion, 
 that that part thereof, in which it is charged, *' that during the 
 action, and after the troops had given way, he did not make any 
 effectual attempt in his own person, or otherwise, to rally or enr 
 courage them, or to co-opprate with, and support the Indians 
 who were engaged with the enemy on the right,' has not been 
 proved, and the Court doth therefore acquit him, the said Major 
 General Proctor of the same ; and the Court is of opinion, that 
 the said Major General Proctor is Not Guilty of any part of the 
 remainder of the said charge, and doth,, therefore, fully and ho- 
 nourably acquit him of the same. 
 
 Upon the whole, the Court is of opinion that the prisoner. 
 Major General Proctor, has in many instances during the retreat, 
 and:in the disposition of the force under his command, been 
 erroneous in judgment, and in some, deficient in those energetic 
 and active exertions, which the extraordinary difficulties of his 
 situation so particularly req^ired. 
 
 The Court doth, therefore, adjudge him, the said Major Gene- 
 ral Proctor, to be ■publicly.., reprimanded, and to be suspended 
 from rank and pay, for the period of six calendar months. 
 
 But as to any defect or reproach, with regard to the personal 
 conduct of Major General Proctor, during the action on the 5th 
 of October, the Court most fully and honourably acquits the said 
 Major General Proctor. 
 
 His Royal Highness the Prince Regent has been pleased; in 
 
868 H. Prodor. 
 
 die name and' on the behalf of His Majesty, to confirm the find^' 
 ing of the Court, on the 1st, 3d, 4th, and 5th charges. 
 
 With respect to the 2d charge, it appeared to His Royal High." 
 ness to be a matter of surprise, that the Court should find the 
 prisoner Guilty of the offence alleged against him, while they at 
 the same time acquit him of all the facts upon which that charge 
 is founded ; and yet, that in the summing up of their finding upon 
 the whole of the charges, they should ascribe the offences of 
 which the prisoner has been found Guilty, to error in judgment, 
 and pass a sentence totally inapplicable to their own finding of 
 guilt, which can alone be ascribed to the Court having been in- 
 duced, by a reference to the general good character and conduct 
 of Major General Proctor, to forget> through a humane, but 
 mistaken lenity, what was due from them to the service. 
 
 Under all the circumstances of the case, however, and parti- 
 cularly those which render it impossible to have recourse to the 
 Otherwise expedient measure of re-assembling the Court, for the 
 revisal'of their proceedings, the Prince Regent has been pleased 
 to acquiesce in, and confirm so much of the sentence as ad- 
 judges him to be publicly reprimanded, and in caiTying the same 
 into execution. His Royal Highness has directed the General 
 Officer, commanding in Canada, to convey to Major General 
 Proctor, His Royal Highriess's high disapprobation of his con- 
 duct, together with the expression of His Royal Highness's re- 
 gret, that any Officer of the length of service, and of the exalted 
 rank which he has attained, should be so extremely wanting in 
 professional knowledge, and so deficient in those active and 
 energetic qualities, which must be required of every Officer, but 
 especially of one in the responsible situation in which the Major 
 Geiieral was placed. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, preferred against Major General Proctor, to- 
 gether with the finding and Sentence of the Court, and the Prince 
 Regent'spleasure thereon, shall be entered in the general order book, 
 and read at the head of every regiment in His Majesty's service. 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. ' 
 
 N. B, Major General Henry Proctor is still in the army. — Editor. 
 
(689 ) 
 ENSIGN JOHN ROBINSON.— 18 15. 
 
 Horse Guards, 12 Sept. 1815. 
 At a General Court Martial, held at St. Ann's Barracks, Bar- 
 badoes, on the 8th May, 1815, and continued by adjournments 
 to the 12th of the same month. Ensign John Robinson, of the 
 8th West India Regiment, was arraigned upon the undermen- 
 tioned charges, viz. 
 
 1 St. ' For being drunk, when on piquet in the garrison of St. Ann's, 
 on the night of the 1 3th of March, 1815. 
 
 2d. ' For.being in a state of intoxication, on the evening of the 4th 
 April, 1815, when under arrest. 
 
 3d. ' Sor entering, while under an arrest, the quarters of Ensign James 
 Coates, of the 8th West India Regiment, on the night of the 4th April, 
 1815, and there disturbing his family, making a violent noise, attempt- 
 ing to kick his children, and using the most obscene and insulting lan- 
 guage to Mrs. Coates ; such conduct being highly unbecoming the cha- 
 racter of an Officer and a Gentleman, and in breach of the Articles of 
 War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence produced against the prisoner, Ensign John Robinson, 
 of the 8th West India Regiment, as .well as what he has alleged 
 and proved in his defence, is of opinion as follows : 
 
 As to the first charge, the Court is of opinion that he is Guilty 
 thereof. 
 
 As to the second charge, the Court is of opinion that he is 
 Guilty thereof. 
 
 As to the third charge, the Court is of opinion that it has been 
 clearly proved that the prisoner, on the night of the 4th April, 
 1815, whilst under arrest, did enter the quarters of Ensign Coates, 
 of the 8th West India Regiment, and did disturb his family, and 
 make a violent noise there, and that he did also use insulting 
 language to. Mrs. Coates, of all which the Court therefore finds 
 him Guilty ; but ' as to his attempting to kick Ensign Coates's 
 children,' the Court does not find that part of the charge suffici- 
 ently proved, and therefore acquits him of it. 
 
 The Court having thus found the prisoner, Ensign John Ro- 
 binson, of the 8th West India Regiment, Guilty, doth sentence 
 and adjudge, that he be cashiered. 
 
 y Y 
 
69Q T. MulHns. 
 
 His Eoyal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against En- 
 sign John Robinson, of the 8th West India Regiment, together 
 with the finding and Sentence of the Court, shall be entered in 
 the general order book, and read at the head of every regiment 
 in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 BREVET LIEUTENANT COLONEL Hon. 
 THOMAS MULLINS.— 1815. 
 
 Horse Guards, 14 Sept. 1815. 
 
 At a General Court Martial, held at the Royal Barracks, Dub- 
 lin, on the 11th July, 1815, and continued by adjournments to 
 the 1st of August following. Brevet Lieutenant Colonel Hon. 
 Thomas Mallins, Captain in His Majesty's 44tb Regiment of 
 Foot, was airraigned upon the undermentioned charges, viz. 
 
 1st. ' Far baring, on the 8th January, 1815, shamefnlly neglected 
 and disobeyed the ordei's be had received from the late Major General 
 Gibbs, commanding the 2d Brigade, to collect the fascines and ladders, 
 and to be formed vrith them at the head of the column of attack at the 
 time directed, and in disobedience of the said orders, suifering the regi- 
 ment under his command, to pass the redoubt where the fascines and 
 ladders were lodged, and remaining at the head of the column for half 
 an hour or upwards, without taking any steps to put the 44th Regiment 
 in possession of the fascines and ladders, in conformity "with the said 
 orders, knowing the period of attack to be momently approaching ; in 
 consequence of which disobedience and jpeglect, the 44th Regiment on 
 being sent back to the redoubt, and returning hurriedly with the fascines, 
 &c. &c. was thrown into confusion, and moved off to the attack in an u-- 
 regular and imoonnected manner, leading tothe firing and disorder which 
 ensued in the attacking column, and the disasters attending it. 
 
 2d. ' For scandalous and infamous misbehaviour before the enemy, near 
 New Orleans, on the 8th January, 1815, in not leading and conducting 
 the 44th Regiment under his command, up to the eneiHy's works ; in 
 not placing the ladders and fascines in the ditch, as he was ordered to 
 do ; and in not setting that example of gallantry to the soldiers, so indis- 
 pensably requisite a pai't of an Officer's duty, to insure the success of 
 such an attack ;, in consequence erf -vdiieh misbehaviour, the 44th Regi- 
 ment did not perform the service allotted to them, never having made an 
 
T.MulUns. 69 1 
 
 attempt to place the fascines in the ditch, and thereby leading to the 
 cause of the failure of the attack. 
 
 3d. ' For scandalous conduct, in having said to an Officer of his regi- 
 ment, on the 7th Januaiy, 1815, when informed the 44th was des- 
 tined to- carry the fascines, &c., ' It is a forlorn hope, and the regiment 
 must be sacrificed,' or words to that eftect, such an expression being cal- 
 culated to dispirit those under his command, to render them discon- 
 tented with the service allotted to them, demonstrative of the feeling 
 with which he undertook the enterprise, and infamous and disgraceful ta 
 the character of a Commanding Officer of a British regiment.' 
 
 Upon which charges the Court came to the following deci- 
 sion : 
 
 The Court, taking into their serious consideration all the evi- 
 dence afdduced and laid before them, and the matters urged, as 
 well on the part of the • prosecutor, as by the prisoner in his 
 defence. 
 
 On the first article of charge, do find the prisoner, the Hon. 
 Thomas Mullins, Captain in His Majesty's 44th, or East Essex 
 Regiment of Foot, and Lieutenant Colonel in the army^ Guilty 
 of the first article of charge,. as above preferred against him. 
 
 On tlie second article of charge, the Court do find the pri- 
 soner. Lieutenant Colonel Mullins, Guilty of such part of the 
 second charge, as relates to his not ' placing the ladders and 
 fascines in the ditch as ordered, and that therefore the service al- 
 lotted to the 44th Regiment was not duly performed, which ma- 
 terially led to the failure of the attack ;' but the Court do find, 
 that the prisoner did not evince any want of personal courage, 
 and that he is Not Guilty of ' scandalous and infamous misbeha- 
 viour before the enemy, on the 8th January, 1815:' the Court 
 do, therefore, honourably acquit him of such scandalous and 
 infamous misbehaviour. 
 
 On the third article of charge, the Court do find, that the 
 prisoner, Lieutenant Colonel Mullins, did use the expressions 
 set forth in the third charge, or words to that effect ; but the 
 Court do find that those words were not used in the sense, with 
 the view, or with the evil intention, or consequences imputed 
 in the said charge ; the Court do, therefore, most fully and ho- 
 nourably acquit the prisoner. Lieutenant Mullins, of the said 
 third charge, and all criminality thereon. 
 
 In consequence of the above finding, the Court do adjudge 
 Y Y 2 
 
692 R. Isherwood and J. Walker. 
 
 and sentence that the prisoner, lieutenant Colonel MuUins, shall 
 be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against Bre- 
 vet Lieutenant Colonel Honourable Thomas M ullins. Captain in 
 His Majesty's 44th Regiment, together with the finding and Sen- 
 tence of the Court, shall be entered in the general order book, and 
 read at the head of every regiment in His Majesty's service 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAINS ISHERWOOD and WALKER.— 1815. 
 
 Horse Guards, \6Sept. 1815. 
 
 At a General Court Martial, held at Liverpool, on the 1 1th 
 August, 1815, and subsequent days, Captains Richard Isher- 
 wood, and John Walker, of the Royal Berkshire Regiment of 
 Militia, were arraigned upon the undermentioned charges, viz. 
 
 1st. ' For riotous and disorderly conduct, at different periods, between 
 the 6th and 20th of April last, in the township of Everton, and in the 
 borough of Liverpool, in knocking at several doors,* and ringing at the 
 bells in a wanton and outrageous manner, and tearing off the knockers, 
 and breaking the handles of the bells of several of the inhabitants, and 
 breaking or attempting to break the lamps in the street, to the great dis- 
 turbance and annoyance of the neighbourhood. 
 
 2d. ' For appearing in uniform, in a state of intoxication, in the streets 
 of Liverpool, on, or about, the 20th of April last, between the hours of 
 seven and ten in the morning, and driving about on the box of a hack- 
 ney coach, in the streets, and in and out of the Fort, used as a military 
 barrack, and throwing stones or some hard substance at the windows 
 of the Adjutant of the Royal Berkshii-e Militia, who resided at the 
 Fort, and then proceeding on the box of the hackney coach to St. Do- 
 mingo House, where they (Captains Isherwood and Walker) wei-e quar- 
 tered,_ and appearing in the same state of intoxication in the mess-room 
 there, where the Commanding Officer was then at breakfast. 
 
 3d. ' For exciting and encouraging a continued riot and disturbance 
 in the regimental mess-room, at St. Domingo barracks, on the night of 
 the 24th, or morning of the 25th of April, and during the continuance 
 of it, throwing about, and injuring the chairs belonging to the mess- 
 room, and breaking the crockery ware and glass, belonging to the Offi- 
 cers of the mess, and breaking the mess-room bell. 
 
R. hhemofd and J. Walker. 69S 
 
 4th. ' For again exciting and encouraging a riot and disturbance in 
 the mess-room, on the night of the 30th of April, and morning of May 
 the 1 St, during the continuance of which, a chair was thrown at William 
 Stephens, the mess-man, and for making a disturbance, and using im- 
 proper language to William Stephens, in the passage below, in the 
 morning oi May the 1st. 
 
 5th. ' For disorderly and irregular conduct, after they were placed in 
 arrest, in continuing such by hallooing, singing as loud as possible with 
 chorusses, accompanied by exclamations, dancing about the room, stainp- 
 ing with their feet, so as to prevent the Commanding Officer from sleep- 
 ing, and other Officers in the barracks, from 11 until half past two o'clock 
 on Sunday morning, the 16th July, 1815.' 
 
 " All such conduct, so set out in the several charges, being unbecom- 
 ing the character of Officers and Gentlemen, disgraceful to the service, 
 and to the prejudice of good order and military discipline." 
 
 Upon which charges the Court came to the following decision : 
 
 The Court Martial, having attentively considered the evidence 
 brought forward in support of the prosecution, and the defence of 
 the prisoners. Captain Richard Isherwood and Captain John Wal- 
 ker, of the Royal Berkshire Regiment of Militia, are of opinion : 
 
 With respect to the first charge, that they are Guilty of such 
 parts of the first charge, as are comprised iu their ' having upon 
 the morning of the 7th April, 1815, knocked at, or rung at the 
 bells of the doors of certain inhabitants, dwelling in the Crescent, 
 and at the door of an inhabitant in Rose Place ;' and that Cap- 
 tain John Walker is further Guilty of such part of the charge, 
 as is comprised in the 'having upon the morning of the 10th of 
 April, 1815, rung at, and broken off the nob of the bell of an in- 
 habitant in Rose Hill.' 
 
 With respect to the second charge, that they are Guilty. 
 
 With respect to the third charge, that they are Guilty of such 
 part thereof, as is comprised in ' their having been concerned in 
 a disturbance in the regimental mess-room, during the night of 
 the 24th, or morning of the 25th of April, 1815, during which 
 they threw at each other, and broke certain plates and glasses 
 belonging to the Officers of the mess.' 
 
 With respect to the fourth charge, that they are Guilty of such 
 parts thereof, as is comprised in their * having been concerned in 
 a disturbance in the mess-room, on the morning of May the 1st,' 
 and that Captain Richard Isherwood is further Guilty of hav- 
 ing thrown a chair at William Stephens, the mess-man,' but the 
 
694 R. M. Gilli/. 
 
 Court Martial do not find them, or either of them, Guilty of 
 ' using improper language to William Stephens, the mess-man, 
 on the morning of May tlie 1st,' and do acquit them thereof ac- 
 cordingly. 
 
 With respect to the fifth charge, that they are Guilty .T 
 
 The Court Martial do sentence them, the said Richard|Isher- 
 wood, and Captain John Walker, of the Royal Berkshire Regi- 
 ment of Militia, to be dismissed from the regiment. 
 
 The Court Martial would consider themselves as deficient in 
 the discharge of the duty confided to them, if they omitted to 
 remark, that had Major Pococke, in his command of the regi- 
 ment, taken an earlier notice of the irregularities which appear 
 to have occurred, they would probably have been corrected with- 
 out arriving at the height which has occasioned the present pro- 
 ceedings. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against Cap- 
 tains Richard Isherwood and John Walker, of the Royal Berk- 
 shire Regiment of Militia, together with the finding and Sentence 
 of the Court, shall be entered in the general order book, and 
 read at the head of every regiment in His Majesty's service. 
 
 By command of H. R, H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT R. M. GILLY.— 1815. 
 
 Horse Guards, Oct. 12, 1815. 
 
 At a General Court Martial, held at Cawnpore, East Indies, 
 on the 4th November, 1814, and subsequent days, Lieutenant 
 R.M. Giily, of His Majesty's 67th Regiment of Foot, was tried 
 upon the following charge, viz. 
 
 ' For scandalous and infamous conduct, unbecoming the character of 
 an Officer and a Gentl^nan, in having grosdy prevaricated, in giving his 
 evidence at a General Court Martial, which assembled at C^ym^oor, in 
 the month of June last, for the trial of Lieut^ant George Coiote, of ilk 
 Majesty's 67th Regiment ; such conduct being highly disgraceful, inju- 
 rious to the service, and in breach of the Articles of War." 
 
B. Bender. 695 
 
 Upon which charge the Court Martial found the prisoner 
 Guilty, and, therefore, adjudged him to be cashiered. 
 
 Which sentence was approved and confirmed by His Excel- 
 lency the Earl of Moira, Governor General and Commander in 
 Chief in India. 
 
 His Royal Highness the Commander in Chief directs, that 
 the foregoing charge, preferred against Lieutenant R. M. Gilly, 
 of the 67th Regiment, together with the finding ^nd Sen- 
 tence of the Court, shall be entered in the general order book, 
 and read at the head of every regiment in His Majesty's 
 service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT BENOIT BENDER.— 1815. 
 
 Hvrse Guards, 27 Nm). 1815- 
 
 At a General Court Martial, held at Quebec, on the 17th 
 
 July, 1815, and continued by adjournments to tlie 1st August 
 
 following, Lieutenant Benoit Bender, of the 41st Regiment, was 
 
 arraigned upon the undermentioned charges, viz. 
 
 1st. ' For misbehaving before the enemy in action, on, or about, the 
 22d January, 1813, at, or near, the River Raisin, in the Mechigan Ter- 
 ritory, in the United States of America, by concealing himself while the 
 detachment of His Majesty's troops with which he was serving, was en- 
 gaged with the enemy. 
 
 2d, ' For misbehaving before the enemy in action, on, or about, the 
 2d August, 1813, at, or near. Fort Sandusky, in the United States of 
 America, by concealing himself in the rear, while the detachment of His 
 Majesty's troops, with which he was serving, had advanced, and was 
 engaged with the enemy.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having duly weighed and considered the evidence 
 adduced in support of the prosecution, as well as what the pri- 
 soner has alleged in his defence, is of opinion that the prisoner, 
 Lieutenant Benoit Bender, of the 41st Regiment of Foot, is Not 
 Guilty of either of the charges preferred against him, and the 
 Court doth, therefore, honourably acquit him of the same. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 
696 J. Cooper. 
 
 Sentence of the Court, and the Commander in Chief directs, that 
 the foregoing charges, preferred against Lieutenant Bender, toge- 
 ther with the finding and Sentence of the Court, shall be entered 
 in the general order book, and read at the head of every regiment 
 in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief, 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Bender is now upon the Half-pay of the 
 Regiment.^ — Editor. 
 
 LIEUTENANT JOHN COOPER.— 1815. 
 
 Horse Guards, 28 Nov. 1815. 
 
 At a General Court Martial, held at Limerick, on the 21st of 
 
 August, 1815, and continued by adjournments, to the Sl3d of the 
 
 same month, Lieutenant John Cooper, of the 2d Battalion 84th 
 
 Regiment, was arraigned upon the undermentioned charges, viz'. 
 
 1st. ' For conduct highly unbecoming an Officer, in contracting regi- 
 mental debts, and leaving them still unpaid, although repeatedly applied 
 to for payment thereof, viz. £ s. d. 
 
 ' To Mr. Jackman 77 3 10 
 
 ' Paymaster's Consolidated Dep&t, Hull .15 
 ' Seijeant Aimstrong, 84th Regt. ... 20 12 6 
 
 ' British Currency . . ^112 16 4 
 
 2d. ' For scandalous and infamous conduct, unbecoming the chai'acter 
 of a Gentleman and an Officer, in passing a woman, living with him as 
 his wife, and introducing her as such into society, pai'ticularly amongst 
 the married ladies of the 84th Regiment, although he was not married to 
 her, and acknowledged to his Commanding Officer that he has a wife, 
 and that the woman so introduced by him was not her ; such conduct 
 being a gross and scandalous outrage on society in general, and on the 
 84th Regiment in particular." 
 
 Upon which charges the Court came to the following decision; 
 
 The Court, having taken into their consideration the evidence 
 laid before them, in support of the prosecution, as also what was 
 oflfered by the prisoner in' his defence, find that the prisoner, 
 Lieutenant John Cooper, of the ad Battalion 84th Regiment, is 
 Guilty of the charges exhibited against him, being a breach of 
 the Articles of War, and do, therefore, adjudge him, the said 
 
Lieut. Col. Cox. 697 
 
 Lieutenant John Cooper, of the 2d Battalion 84th Regiment, to 
 be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Lieutenant John Cooper, of the 2d Battalion 84tb Regiment, 
 together with the finding and Sentence of the Court, shall be 
 entered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H, R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 BREVET LIEUT. COLONEL COX.— 1815. 
 
 Horse Guards, 29 Nov. 1815. 
 
 At a General Court Martial, held at Passy, on the 28th of 
 August, 1815, and continued by adjournments to the 4th Sep- 
 tember following, Brevet Lieutenant Colonel Cox, Captain in the 
 69th Regiment, was arraigned upon the undermentioned charges, 
 viz. — 
 
 1st. ' For behaving in a scandalous, infamous manner, unbecoming the 
 character of an Officer and a Gentleman, in violently assaulting and 
 striking Lieutenant William Havelock, at Passy, in France, on, or about, 
 the 16th day of August, 1815. 
 
 ' 2d. ' For behaving in a scandalous, infamous manner, unbecoming the 
 character of an Officer and a Gentleman, in making use of threatening 
 and insulting language to Lieutenant William Havelock, in the presence 
 and hearing of several private soldiers, servants, and others, at the time 
 and place above specified.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having taken into their consideration the said se- 
 veral charges exhibited against Brevet Lieutenant Colonel Cox, 
 Captain in the 69th Regiment of Foot, and the evidence pro- 
 duced in support of the said charges, respectively, and having duly 
 weighed the allegations ofi"ered by him in his defence, and the 
 evidence given in his behalf, do find the several facts specified, 
 whereon the several charges are grounded, to be fully proved 
 against him, and thereupon do adjudge him, Brevet Lieutenant 
 Colonel Cox, Captain in the 69th Regiment, to be Guilty on the 
 
69S W. Cumin. 
 
 said several charges, of behaving in a scandalous, infamous man- 
 ner, such as is unbecoming the character of an Officer and a 
 Gentleman, and to be discharged from His Majesty's service, 
 pursuant to the Sixteenth Section, Article Twenty Eighth, of the 
 Articles of War. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Brevet Lieutenant Colonel Cox, Captain in the 69th Regiment, 
 together with the finding and Sentence of the Court, shall be 
 entered in tJie general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 SURGEON WILLIAM CUMIN.— 1815. 
 
 Horse Guards, 30 Nov. 1815. 
 At a General Court Martial, held at Limerick, on the 28th of 
 August, 1815, and continued by adjournments to the 2d Septem- 
 ber following. Surgeon William Cumin, of the 2d Battalion of 
 the SSth Regiment, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For unofficerlike conduct and neglect of duty, on, or about, the 
 12th September, 1814, in not reporting to Major Dunn, his then Com- 
 manding Officer, the existence of infectious disease in the regiment, and 
 in one of the soldier's barrack rooms at Fermoy, or taking any steps for 
 the removal of two children belonging to the late Serjeant Ephraim 
 Moore, infected with the natural small pox, and of which one of them 
 died there, about the 24th of the same month. 
 
 2d. ' For unofficerlike, disrespectful, and insubordinate conduct, on, 
 or about, the 12th September, 1814, towards Msgor Dunn, his then 
 Commanding Officer, when requiring him. Surgeon William Cumin, to 
 state in writing, the reason of his neglecting to report the existence of 
 infection in the regiment, and in one of the soldier's rooms, as set forth 
 in the first charge, he. Surgeon Cumin, having three times demanded of 
 his Commanding Officer to put his order in writing, although it had been 
 delivered in the presence of Adjutant Fisher, lest he " should forget the 
 puroort of it," or words to that efiFect. 
 
 Sfd. ' For unofficerlike conduct, disobedience of orders, and neglect of 
 duty, on, or about, the 8th of November, 1814, in not having visited the 
 
R. B. Walion. 6^ 
 
 •Ifitfichments of the regiment, stationed at Kilcadeen and Donaghas 
 Point. 
 
 4th. ' For unofficerlike, disrespectful, and highly insubordinate con- 
 duct, in the Castle Barrack's Square of Limerick, on the 1 1th of August, 
 1815, towards Major Dunn, his then Commanding Officer, in saying-to 
 him, that he. Major Dunn, had no right to order him. Surgeon Cumin, 
 to remain in barracks until the arrival of the last detachment, expected 
 that day, and contemptuously requiring liis Commanding Officer should 
 give him his orders in writing. 
 
 5th. ' For disobedience of ordei-s, on the 17th of August, 1815, when 
 in arrest for the four preceding offences, in not delivering up the hospital 
 book of expenditvu:e, to Adjutant Fisher, as twice required in the name, 
 and by order, of Major Dunn, his Commanding Officer.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having taken into their consideration the evidence 
 laid before them in support of the prosecution, as also what was 
 offered by the prisoner in his defence, find that the prisoner. 
 Surgeon William Cumin, of the 2d Battalion of tlie 88th Regi- 
 ment, is Guilty of the whole of the charges exhibited against him, 
 being a breach of the Articles of War, and do, therefore, adjudgp 
 him, the said Surgeon William Cumin, of the 2d Battalion of the 
 88th Regiment, to be dismissed His Majesty's service. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges, preferred against Sur- 
 geon William Cumin, of the gd Battalion of the 88th Regiment, 
 together with the finding and Sentence of the Court, shall be 
 entered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 ENSIGN ROBERT BARON WALTON.— 1815. 
 
 Horse Guards, 27 Bee. 1815. 
 MY LORD DUKE, 
 
 Having laid before the Prince Regent the proceedings 
 
 of a General Court Martial, held in the 4th Division of Infantry, 
 
 at Neuilly, on the 23d September, 1815, and continued by ad- 
 
 joummeuts to the SQth of the same month, for the trial of Ensign 
 
700 R. B. Walton. 
 
 Robert Baron Walton, of the 5 1 st Regiment of Foot, who was 
 arraigned upon the undermentioned charges, viz. 
 
 1st. ' For behaving in a scandalous, infamous manner, unbecoming the 
 character of an Officer and a Gentleman, in officially reporting to Lieu- 
 tenant Colonel Keyt, of the 61st Regiment, that he. Ensign Walton, 
 had been kicked, and threatened to be horsewhipped, by Lieutenant 
 Read of the same regiment, on, or about, the 11th day of July, 1815, at 
 Boulogne, in France ; such report being, in fact, false, and tending to 
 injure Lieutenant Read, in the opinion of his Commanding Officer. 
 , 2d. ' For sending a challenge to Lieutenant Read, to fight a duel, on, 
 or about, the 19th day of August, 1815, at Camp Bois de Boulogne.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having taken into their serious consideration all the 
 evidence adduced and laid before them, and the matters urged, as 
 well on the prosecution, as by the prisoner in his defence : 
 
 On the first article of the charge, do find the prisoner. Ensign 
 Robert Baron Walton, of the 51st Regiment, Not Guilty, in as 
 much as although there is not sufficient evidence of the prisoner's 
 having been absolutely kicked, yet it has been proved, that he 
 was threatened with being horsewhipped, and otherwise treated 
 in such a manner as to warrant the admission of the truth- of his 
 own assertion, that he was so kicked, or kicked at ; the Court do, 
 therefore, fully, acquit the prisoner. Ensign Robert Walton, of 
 the said first charge. 
 
 With respect to the second charge, the Court do find the pri- 
 soner. Ensign Robert Barop Walton, of the 51st Regiment, 
 Guilty, viz. ' of sending a challenge to Lieutenant Read, to fight 
 a duel, on, or about, the 19th day of August, 1815,' which being 
 in breach of the Articles of War, do, therefore, sentence the pri- 
 soner. Ensign Robert Baron Walton, to be cashiered. 
 
 I am to acquaint your Grace, that His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to approve 
 and confirm the finding and Sentence of the Court ; but, under 
 all the circumstances of the case, as they appear upon the face of 
 the proceedings^ and the recommendation of the Court, the Prince 
 Regent was further most graciously pleased to extend his pardon 
 to the prisoner, and to command that he. Ensign Robert Baron 
 Walton, should be restored to the functions of his commission. 
 1 am, my Lord Duke, your's, 
 (Signed), FREDERICK, Commander in Chief. 
 To field Marshal His Grace the Dukeof JVellingfoiii K. Gj SfC. Sfc. S^c. 
 
fV. Baring. 701 
 
 N. B. Ensign Walton is now upon the Half-pay of the 90th 
 Regiment. — Editor. 
 
 LIEUTENANT WILLIAM BARING.— 1816. 
 
 Horse Guards, 16 Jan. 1816. 
 
 At a General Court Martial, held at Genoa, on the 28th July, 
 1815, and continued by adjournments to the 10th of August fol- 
 lowing, Lieutenant William Baring, of the 6th Battalion, King's 
 German Legion, was arraigned upon the undermentioned charges, 
 viz. — 
 
 1st. ' For conduct highly unbecoming the character of an Officer and 
 a Gentleman, on the 2d July, 1815, when a detachment of the 6th Bat- 
 talion, King's German Legion, was on passage from Sicily to Naples, 
 having endeavoured to injm-e the reputation of that Battalion, more par- 
 ticulai-ly in the opinion of Major Pringle, of the 7th Battalion, King's 
 German Legion, by asserting in the presence of that Officer, that tbe 
 sentences of several Courts Martial, held in the 6th Battalion, King's 
 German Legion, had been unjust, and having on the same day endea- 
 voured to quarrel vrith several Officers, of the 6th Battalion, King's 
 German Legion, more particularly with Lieutenant Kirch, to whom he. 
 Lieutenant Baring, made use of insulting language in the presence of a 
 servant, who is a private soldier in the last mentioned corps. 
 
 2d. ' For insubordhiate and threatening behaviour, on the 2d July 
 1815, towards Major Harling, his Commanding Officer, which improper 
 conduct was repeated at Naples, on the 5th day of the same month, by 
 sending a challenge, in writing, to Major Harling, vrith a view of thereby 
 obliging him to account for the measures he had taken against Lieute- 
 nant Baring, whilst the former was in the execution of his duty. 
 
 3d. ' For persevering in the most ungentlemanlike and insubordinate 
 behaviour, even after he. Lieutenant Baring, had been placed in arrest, 
 by order of Major Harling, his Commanding Officer, between the pe- 
 riods of the 6th and 16th July, 1815.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence adduced in support of the charges, preferred against the 
 prisoner, Lieutenant William Baring, 6th Battalion, King's Ger- 
 man Legion, together with what he urged in his defence, came to 
 the following decision : 
 
 That the said prisoner is Not Guilty of the 1st charge preferred 
 against him, the Court doth, therefore, acquit him of the same. 
 
 The Court doth, however, find the prisoner Guilty of the whole 
 and every part of the 2d and 3d charges preferred against him. 
 
702 F,H. Dvrafid. 
 
 The CoUFt having found the prisoner Guilty of the whole of 
 the 2d and 3d charges preferred against him, the same being a 
 breach of the Articles of War, doth, tlierefore, adjudge the said 
 prisoner. Lieutenant William Baring, of the 6tb Battalion, King's 
 German Legion, be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Lieutenant William Baring, of the 6th Battalion, King's German 
 Legion, together with the finding and Sentence of the Court, 
 shall be entered in the general order book, and read at the bead 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Comp[iander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 •N. B. Lieutenant Baring was afterwards reinstated in his com 
 mission, and is nov(r upon Half-pay. — Editor. 
 
 PAYMASTER FREDERICK H. DURAND.— I8l6, 
 
 Horse Guards, 18 Jan. 1816. 
 
 At a General Court Martial, held at Ostend, on the 1 1th Sep- 
 tember, 1815, and continued by adjournments to the 29th of the 
 same month. Paymaster [Frederick Holland Durand, of the 1st 
 Battalion, of the 40th Regiment of Foot, was arraigned upon the 
 undermentioned charges, viz. 
 
 1st. ' For conduct unbecoming an Officer, and contrary to his duty, as 
 Paymaster of the 1st Battalion of the 40th Regiment, in making a pri- 
 vate advantage to himself, in the disbursement of public monies, in the 
 payment for horses purchased by the Officers of the same regiment, at 
 Ostend, on, or about, the 24th day of March, 1815. 
 
 2d. ' For neglect of duty, in not complying with the order of Major 
 Browne, Commanding Officer, of the 1st Battalion of the 40th Regi- 
 ment, dated the 14th day of Jidy, 1^15, and for conduct unbecomingan 
 Officer, and his duty as Paymaster, in writing a disrespectful letter to 
 Major Browne, in reply to the above-mentioned order, at Neuilly, on, or 
 about, the 17th July, 1815. 
 
 3d. ' For conduct unbeeoming his duty as Paymaster of the same Re- 
 ■gimenf, in giving in to Major Browne, his Commanding Officer, on the 
 19th July, 1815, a statement purporting to contain the true balance of 
 
T. P. Burke. 703 
 
 the band fund of the same regiment, whereby it was represented, that 
 the balance against the band fund was £75, whereas, in fact, the ba- 
 lance was only £3 :3«. 9J(i., or thereabouts, at Neuffly, on, or about, 
 the 20th July, 1815.' 
 
 4th. ' For neglect of duty, in abseftting himself fJFom the regiment 
 without leave, from the 18th day of June, to the 3d of July, 1815, and 
 for not using his utmost endeavours to join the regiment, together with 
 other Officers, who had been absent on duty, while the "same regiment 
 was serving abroad.' 
 
 Upon which charges the Court came to the following decision: 
 
 The Court, having most maturely deliberated on, and atten- 
 tively weighed the whole of the evidence adduced in support of 
 the prosecution', with what the prisoner offered in his defence, is 
 of opinion that he, Frederick Holland Durand, Paymaster of the 
 1st Battalion of the 40th Regiment of Foot, is Guilty of the IsH, 
 @d, and 3d charges. 
 
 With respect to the 4th charge, the Court is of opinion that the 
 1st count thereof is not proved'; but that he is Guilty of the 3rf, 
 inasmuch as it appears that he did not use his utmost endeaveiurB 
 to join' his regiment. 
 
 Which charges being in breach of the Articles of War, the 
 Court doth Sentence him, Paymaster Frederick Holland Durand', 
 of the I st Battalion, of the 40th Regiment of Foot, to be dis- 
 missed His Majesty's service. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Hajesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Paymaster Frederick Holland Durand, of the 1st Battalion, of 
 the 40th Regiment of Foot, together with the finding and Sen- 
 tence of the Court, shall be entered in the general order book, 
 and read at the head of every regiment in His Majesty's service. 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. G€i*. 
 
 ENSIGN THOMAS PATRICK BURKE.— 1816. 
 
 Horse Guards, 20 Jan. 181 6^ 
 At a General Court Martial, held at Paris, on the l6t!i Oc- 
 tober, IS 15, and continued by adjournments to the igthofthe 
 
704 Lieut. Jenkins and Ensign Earls. 
 
 same month, Ensign T. P. Burke, of the I6th Regiment of Foot,' 
 was'an'aigned upon the undermentioned charges, viz. 
 
 ' For being found drunk, while on duty, as Officer of the watch^ on 
 board the Plough transport, on, or about, the 2lst day of July, 1815.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having maturely considered the charge exhibited 
 against Ensign Thomas Patrick Burke, of the ] 6th Regiment, 
 and the evidence adduced in support of the prosecution, and also 
 that produced by Ensign Thomas Patrick Burke in his defence, 
 are of opinion that he is Guilty of said charge, and being a 
 breach of the Articles of War, the Court do sentence the pri- 
 soner. Ensign Thomas Patrick Burke, of the l6th Regiment, to 
 be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court; and the Commander 
 in Chief is pleased to direct, that the foregoing charges, pre- 
 ferred against Ensign Thomas Burke, of the l6th Regiment, to- 
 gether with the finding and Sentence of the Court, shall be en- 
 tered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JENKINS and ENSIGN EARLS. 
 
 Horse Guards, 22 Jan. 1816. 
 
 At a General Court Martial, held at Passy, in France, on the 
 30th October, 1813, and continued at Boulogne by adjourn- 
 ments to the 13th November following, Lieutenant Jenkins and 
 Ensign Earls, of the 12th Regiment of Foot, was arraigned upon 
 the undermentioned charges, viz. 
 
 1st. ' For behaving in a scandalous, infamous manner, such as is unbe- 
 coming the character of an Officer and a Gentleman, that is to say, the 
 said Ensign Eai-ls in giving the lie repeatedly to Lieutenant Jenkins, 
 and using other disgraceful and gi-oss langu^e ; and the said Lieutenant 
 Jenkins in assaulting and striking Ensign Earls, in the presence of se- 
 veral Officers of the 12th Regiment, in camp Bois de Boulogne, on, or 
 about, the 27th day of September, 1815. 
 
 2d. ' For disorderly and unofficerlike conduct, tending to the preju- 
 
Lieiil. Col. Stumer. 705 
 
 dice oi good order and military discipline, that is to say, the Ensign 
 Earls in using ungentlemanlike and reproachful language towards Lieu- 
 tenant Jenkins, and the said Lieutenant Jenkins in continuing the quar- 
 rel and threatening Ensign Earls, and afterwards giving him a blow, 
 in the presence of several Officers of the 12th Regiment, at the time and 
 place abovementioned.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely and deliberately weighed and con- 
 sidered tlie evidence adduced in support of the prosecution, to- 
 gether with what the prisoners have respectively offered in de- 
 fence, is of opinion as follows : 
 
 That Lieutenant Jenkins is Guilty of having given a blow to 
 Ensign Earls, as stated in the second charge, but on every other 
 part of the two charges it acquits him, and sentences him, the 
 said Lieutenant Jenkins, to be publicly and severely reprimanded. 
 
 The Court finds Ensign Earls Guilty on the entire of both 
 charges, and in ' having behaved in a scandalous infamous man- 
 ner, such as is unbecoming the character of an Officer and a 
 Gentleman,' and consequently sentences him to be discharged 
 from His Majesty's service. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Lieutenant Jenkins and Ensign Earls, of the 12th Regiment of 
 Foot, together with the finding and Sentence of the Court, shall 
 be entered in the general order book, and read at the head of 
 every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Jenkins is still in the regiment. — Editor. 
 
 LIEUTENANT COLONEL STAMER.— 1816. 
 
 Horse Guards, 24 Jan. 1816. 
 At a General Court Martial, held at Cork, on the 6th Novem- 
 ber, 1815, and continued by adjoummeiits to the 10th, and re- 
 assembled on the ' 23d of the same month. Lieutenant Colonel 
 
 Z S5 
 
706 Lieut. Col. Stamer. 
 
 Stamer, of the Clare Regiment of Militia, was arraigned upon 
 the undermentioned charges, viz. 
 
 1st. ' For having absented himself from his regiment, without leave, 
 ■from the 28th of July, to the 17th of September, 1815, or for some tiine 
 between those periods. 
 
 2d. ' For having quitted the United Kingdom, without leave regularly 
 obtained, between the 28th of July, and the period of liis return to the 
 iiegiment, in the garrison of Cork. 
 
 3d. ' For having permitted Captain Massey, of the Clare Militia, 
 wlien under his command, to quit the quarters of the regiment on leave", 
 on, or about, the 26th day of July, 1815, although no regular notifir 
 cation of leave of absence had been obtained from the Commander of 
 the Forces.' 
 
 Upon which charges the Court came to the following decision; 
 
 The Court, having taken into consideration the evidence laid 
 before them, in support of the prosecution, as also what was 
 offered by the prisoner in his defence, are of opinion that the 
 prisoner, Lieutenant Colonel Stamer, of the Clare Militia, is 
 Guilty of the first and second charges exhibited against him, and 
 further, that he is Not Guilty of the third charge, and do, there- 
 fore, acquit him Lieutenant Colonel Stamer thereof. 
 
 The Court having found the prisoner. Lieutenant Colonel 
 Stamer, of the Clare Militia, Guilty of the first and second charges 
 exhibited against him, which being in breach of the Articles of 
 War, do, therefore, adjudge him, the said Lieutenant Colonel 
 Stamer, to be suspended from rank and pay for six calendar 
 months, and to be reprimanded in such manner as His Excel- 
 lency the Commander of the Forces may be pleased to direct. 
 
 Thursday, 23 Nov. 1815. 
 The Court re-assembled in compliance with the orders of the 
 Right Honourable Sir George Hewit, Bart., Commander of the 
 Forces, communicated by letter from Colonel Ross, Deputy Adju- 
 tant General, dated l6th November, 1815, directing the Court to 
 correct the sentence which is unwarranted, the Mutiny Act 
 passed on the 22d June, 1815, cancelling the power hitherto ex- 
 ercised by General Courts Martial, of suspending OfScers from 
 rank and pay. 
 
 The Court deliberated, and were of opinion as follows : 
 The Court, having taken into consideration the evidence laid 
 before them, in support of the proseeution, as also what was 
 
T. C: Ldnn. 707 
 
 offfered by the prisoner in his defence, are of opinion that the 
 prisoner, Lieutenant Colonel Stamer, of the Clare Militia, is 
 Guilty of the first and second charges exhibited against him, and 
 further, that he is Not Guilty of the third charge, and do, there- 
 fore, acquit him. Lieutenant Colonel Stamer thereof. 
 
 The Court, having found the prisoner. Lieutenant Colonel 
 Stamer, of the Clare JVIilitia, Guilty of the first and second 
 charges exhibited against him, which being in breach of the Arti- 
 cles of War, do, therefore, adjudge him, the said Lieutenant 
 Colonel Stamer, to be dismissed from the Clare Regiment of 
 Militia. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court; but under all the 
 circumstances of the case, as detailed in the evidence, and the 
 necessity imposed upon the Court to change their original sen- 
 tence, the Prince Regent has been graciously pleased to remit 
 the sentence of dismissal, under a severe censure, and admoni- 
 tion to the prisoner, to be more circumspect in his future conduct.. 
 
 The Commander in Chief directs, that the foregoing charges, 
 exhibited against Lieutenant Colonel Stamer, of the Clare Regi- 
 ment of Militia, together with the finding and Sentence of the 
 Court, and the Prince Regent's pleasure thereon, shall be en- 
 tered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT T. C. LUNN.— 1816. 
 
 Horse Guards, 5 Feb. 181 6i 
 MY LORD DUKE, 
 
 Having laid before the Prince Regent, the proceedings 
 of a General Court Martial, held at Meulan, on the 13th No- 
 vember, 1815, and continued by adjournments to the 21st of the 
 same month, for the trial of Lieutenant T. C. Lunn, of the 4Sd 
 Regiment of Foot, who was arraigned upon the undermentioned 
 charges, viz. 
 
 z z 2 
 
708 G. Slade. 
 
 1st. ' For promoting a quarrel, and carrying a chaDenge from Lieute- 
 nant Bainbrick, of the 43d Regiment, to Lieutenant Whichcote, of the 
 same regiment, in order to provoke him. Lieutenant Whichcote, to fight 
 a duel with Lieutenant Bainbrick, at the camp, at Clichy, in France, on, 
 or about, the 11th day of August, 1815. 
 
 2d. ' For behaving in a scandalous, infamous manner, such as is un- 
 becoming of an Officer and a Gentleman, in positively refusing to enter 
 into an amicable adjustment on ;he part of Lieutenant Bainbrick, of a 
 trifling dispute respecting a bet, between Lieutenant Bainbrick and Lieu- 
 tenant Whichcote, and endeavouring to excite and provoke a quarrel be- 
 tween them by such refusal, when terms honourable to both parties were 
 proposed, in order tu adjust the said dispute, at the time and place above 
 mentioned.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely and deliberately considered the 
 evidence on the part of the prosecution, as well as what the pri- 
 soner has offered in his defence, is of opinion that he is Guilty of 
 the charges preferred against him, which being a breach of the 
 Articles of War, do, by virtue of the same, sentence him to be 
 cashiered. 
 
 I am to acquaint your Grace, that His Royal Highness was 
 pleased, in the name and on the behalf of His Majesty, to ap- 
 prove and confirm the finding and Sentence of the Court. 
 I am, my Lord Duke, Your's, 
 (Signed) FREDERICK, Commander in Chief. 
 
 To Field Marshal the Duke of IVellivgton, K. G. ^c. Sfc. SfC. 
 
 N. B. Lieutenant Lunn is at this time upon Half-pay. — Editor. 
 
 PAYMASTER GEORGE SLADE.— 1816. 
 
 Horse Guards, 7 March, 1816. 
 
 At a General Court Martial, held at Kingston Barracks, Ja- 
 maica, on the 26th and 26th September, 1815, Paymaster George 
 Slade, of the 6th Battalion 60th Regiment, was arraigned upon 
 the undermentioned charge, viz. 
 
 ' With defalcation and embezzlement of public and other sums, re- 
 ceived by him as Regimental Paymaster to die said Battalion.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having examined and compared the estimates and 
 other vouchers, as set forth in the schedule under following heads 
 of service, do find the said George Slade, Esq., 6th Battalion 60th 
 
178 
 
 6 
 
 1? 
 
 274 
 
 9 
 
 8i 
 
 376 
 
 13 
 
 4 
 
 51 
 
 15 
 
 8 
 
 9 
 
 8 
 
 6 
 
 137 
 
 2 
 
 6 
 
 33 
 
 17 
 
 113 
 
 G. Slade. 709 
 
 Regiment, GuiJty of the charge exhibited against him, viz. ' with 
 
 defalcation and embezzlement, as Regimental Paymaster to the 
 
 said Battalion,' as follows : 
 
 Balance due on estimate, and supplementary estimate ^61178 
 
 Balance in lieu of rations to Ofilcers serving in Jamaica 
 
 Balance for hospital stoppages, and quarterly allowances 
 
 Belt, baggage, and forage money, drawn for Captain 
 
 Stampa, and Assistant Surgeon M'Kinle . 
 Casualties deducted from estimate for ensuing month . 
 Contractors for black pioneers drawn on estimate 
 To the pubUc, as per agent's letter .... 
 
 Amount in currency ^2061 13 9f 
 
 Amount in sterling £1472 12 8 J 
 
 The Court have not considered the sums set forth, as follows, 
 of a public nature, although acknowledged by the Paymaster, viz. 
 
 The regimental band fund £21 14 11 
 
 To Captain Stampa, for company, No. 1 . being balance 
 
 of former month 35 8 5 
 
 To regimental mess man, sums detained by Paymaster 
 
 from Officers' pay for mess accounts . . . 147 6 3 
 To regimental master tailor, for Officers' bills left with 
 
 Paymaster 6 17 6 
 
 Currency amounting to £175 18 8 
 
 The Court do, on their iinding against the said George Slade, 
 Paymaster 6th Battalion 60th Regiment, sentence him to be dis- 
 missed from His Majesty's service ; and that he be fined in the 
 sum of cfSOO sterling money of Great Britain ; and that the said 
 George Slade be imprisoned in any of His Majesty's goals, until 
 the said fine of ,£200 be paid. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charge preferred against Pay- 
 master Slade, of the 6th Battalion 60th Regiment, together with 
 the finding and Sentence of the Court, shall be entered in the 
 general order book, and read at the head of every regiment in 
 His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
( 710 ) 
 LIEUTENANT THOMAS PARKER.— 1816. 
 
 Horse Guards, 9 March, 1816. 
 
 ■ At a General Court Martial, held at Fort Amsterdam, Curagoa, 
 on the 6th October, 1815, and continued by adjournments to the 
 l6th of the same month, Lieutenant Thomas Parker, of the 7th 
 West India Regiment, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ^For unofficerlike conduct in being drunk, when in command of 
 the main guai'd, in the town of WiUiamstadt, Curaf oa, on the evening of 
 the 24th September, 1815. 
 
 2d. ' For misapplying, or makiiig away with a smn, or sums of money, 
 supplied to him by the Regimental Paymaster, for the subsistence of the 
 Company entrusted to his chargfe, amounting to about ^106 : lis. 0|rf. 
 sterling, all which conduct is subversive of good order and military disci- 
 pline, and a breach of the Articles of War.' 
 
 ■ Upon which charges the Court came to the following de- 
 cision ,: 
 
 The Court, having most maturely and deliberately weighed and 
 considered the evidence brought forward in confirmation of the 
 charges, as well as what has been offered in e.\tenuation thereof, 
 is of opinion that the prisoner. Lieutenant Thomas Parker, of the 
 7th West India Regiment, is Guilty of the first charge. 
 
 The Court is also of opinion that the said Lieutenant Parker is 
 Guilty of the second charge, and doth, therefore, sentence him, 
 Lieutenant Thomas Parker, of the 7th West India Regiment, to 
 be cashiered, iand further to make good the sum of cfllO: 14*. 
 Q\d. sterling, there appearing a deficiency on \as part to that 
 amount. . ;, 
 
 His Royal Highness the Prince Regent has been pleased, in the 
 name and on the behalf of His Majegty, to approve and confirm 
 the finding and Sentence of the Court ; and the Commander in 
 Chief directs, that the foregoing charges, preferred against Lieute- 
 nant Thomas Parker, of the 7th West India Regiment, together 
 with the finding and Sentence of the Court, shall be entered in 
 the general order book, and read at the head of every regiment 
 in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
J. Tucker. in 
 
 LIEUTENANT RICHARD BROWN.— 1816. 
 
 Horse Guards, 11 March, 1816^ 
 At a General Court Martial, held at Kingston Barracks, Ja- 
 maica, on the 26th October, 1815, and contniued bj' adjourn- 
 ments to the 30th of the same month, Lieutenant Richard Brown, 
 of the 101st Regiment, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. 'With gross and insulting conduct towards Lieutenant Thomas 
 M'Glashan, of the said corps, thereby to proyoke a duel, on, or about, 
 the 16th September, 1815. 
 
 2d. ' For going forth and fighting a duel with the said Lieutenant Tho- 
 mas M'Glashan, on, or about; the 17th September, 1815.' 
 
 Upon which charges the Court came to the following decision: 
 The Court, having duly considered the evidence on the part of 
 the prosecution, with what the prisoner has offered in his defence, 
 is of opinion the prisoner is Guilty of the charges exlubited agaiiist 
 him, and do, therefore, sentence him, the said Lieutenant Richard 
 Brown, 101st Regiment, to be cashiered. 
 
 His Royal Highness the Prince Begent has been pleased, m 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Lieutenant Richard Brown, of the 101st Regiment, togeth^ 
 with the finding and Sentence of the Court, shall be entered in the 
 general order book, and read at the head of every regiment in His 
 Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAIN JOHN TUCKER.— 1816. 
 
 Horse Guards, 12 March, 1816. 
 
 At a General Court Martial, held at Versailles, on the 1st No- 
 vember, 1815, and continued by adjournments to the (Ith of the 
 same month, Captain John Tucker, of the 1 st Battalion 27th 
 Regiment, was arraigned upon the undermentioned charges, viz. 
 
 1st. * For highly insubordinate and disrespectful conduct, in writirig 
 a certain letter, purporting to bear date on the 19th September, 1815, 
 aM addressed to Lieutenant General Sir Lowry Cole, wherein certain 
 
7ia J.Tucker. 
 
 motives and conduet are imputed to the Officers of the 1st Battalion 
 2^th Regiment, deeply implicating their character as a corps, and as in- 
 dividuals, and wlierein the conduct of Colonel Warren, Commanding the 
 1st Battalion 27th Regiment, is complained of, and, in several instances, 
 is falsely represented, thereby attempting to asperse the chai-acter of his 
 Commanding Officer, and the Officers of the Battalion. 
 , 2d. ' For scandalous and inffimDusconduct, unbecoming the character 
 of an Officer and a Gentleman, in forcibly taking and converting to his 
 own use, on, or about, the 18th June last, at^ or near, Waterloo, and 
 afterwards keeping in his possession, at Bruxelles, contrary to the orders 
 of Field Marshal His Grace the Duke of Wellington, a certain bay mare, 
 •belonging to some British regiment of dragoons, or regiment, or Officer, 
 or soldier in British pay, and in effacing, or attempting to efface, or 
 causing, or conniving at the attempt to efface the regimental mark, on 
 the left flank or side of the s^id mare. And in advertising the said mare 
 for sale, in a public paper, published at Paris, entitled Galigiiapi's Mes- 
 senger, and in detaining the said mare in his possession, ijntil ordered by 
 his Commanding Officer to give her up on the 17th September, 1815. 
 
 8d. ' For scandalous and infamous conduct, unbecoming an Officer 
 and a Gentleman, in forcibly taking and converting to his own use, on, 
 or about, the 18th June last, at, or near, Waterloo, and afterwards 
 keeping in his possession, at Bruxelles, contraiy to the general orders of 
 Field Marshal His Grace the Duke of Wellington, a certain grey mare, 
 •supposed to belong to some British Officer or soldier, or Officer or sol- 
 diers of J;he allied troops, and in effacing, or causing, or permitting to be 
 effaced, a pertain mark on the left flank or side, with the intention to 
 .prevent the said mare from being recognized, and identified; and in sell- 
 ing the said mare to Lieutenant Duhigg, of the 27th Regimenti for a 
 certain sum of money, amounting in value to two hundred francs, French 
 currency. 
 
 ,4th. ' For scandalous and infatnous conduct, unbecoming the character 
 of an Officer and a Gentleman, in secretly breaking open, or causing, or 
 permitting to be broken open, on, or about, the 24th day of June last, 
 or some day_ previous to the 10th day of July, without proper witnesses, 
 at his lodgings in Bruxelles, the portmanteau, trunk, and canteen, and 
 other baggage of the late Captain George Holmes, of the 27th Regiment, 
 killed in the action of J;he 18th June, at Waterloo, and taking thereout, 
 and disposing of, or appropriating, their contents, consisting of wearing 
 a,pparel, money, and other valuable effects, and rendering no satisfactory 
 account thereof, 
 
 5tli, ' For scandalous and infamous conduct, unbecoming the character 
 of an Officer and a Gentleman, in burning, destroying, or mutUatinlg, or 
 causing or permitting to be burned, destroyed, or mutilated, on, or about, 
 the 24th day of June last, or some days previous to the 10th day of July, 
 at his lodgings in Bruxelles, various letters and papers contained in the 
 baggage of the said Captain George Holmes, thereby destroying the m?i- 
 terials which were, and are, indispensably necessary to enable the Court 
 of Inquiry, appointed to assist the Major of the regiment, to ascertsun and 
 determine the state of the regimental and private accounts of the said 
 Captain George Holmes.' 
 
J.Tucker. 713 
 
 Upon which xliarges the Court came to the following decision: 
 
 The Court, having duly and maturely weighed and considered 
 the evidence brought in support of the prosecution, together with 
 what has been alleged by the prisoner in his defence, are of opi- 
 nion, that with respect to the first charge, the prisoner is Not 
 Guilty, and do, therefore, acquit him. 
 
 The Court do find the prisoner Guilty of the whole of the se- 
 cond charge. 
 
 Upon the third charge, the Court do find the prisoner Not 
 Guilty, and do, therefore, acquit him. 
 
 The Court do also acquit the prisoner of the first part of the 
 fourth charge, viz. ' for scandalous and infamous conduct, unbe- 
 coming the character of an Officer and a Gentleman, in secretly 
 breaking open, or permitting to be broken open, on, or about, 
 the 24th day of June last, or some day previous to the lOth July, 
 without proper witnesses, at his lodgings, at Bruxelles, the port- 
 manteau, trunk, canteen, and other baggage of the late Captain 
 George Holmes, of the 27th Regiment, killed in action on the 
 1 8th June, at Waterloo, and taking thereout, and disposing of, or 
 appropriating their contents, consisting of wearing apparel, mo- 
 ney, and <xther valuable effects.' 
 
 But the Court do find the prisoner Guilty of great impropriety 
 in not giving a satisfactory account thereof. 
 
 On the fifth charge, the Court do find the prisoner Not Guilty, 
 •and do, therefore, acquit him. 
 
 The Court, having found the prisoner Guilty of the whole of 
 the second charge, as well as of the latter part of the fourth 
 charge, which being in breach of the Articles of War, they do, 
 therefore, sentence him. Captain John Tucker, 1st Battalion 
 27th Regiment, to be dismissed His Majesty's service. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court : but under all the 
 circumstances attending the case, as they appear on the face of 
 the proceedings, together with the letter from the president of the 
 Court to Field Marshal His Grace the Duke of Wellington, re- 
 commending the prisoner to mercy ; the Prince Regent has been 
 further pleased to extend to him. Captain Tucker, his most gra- 
 
714 X Tuckei!, 
 
 cious clemenc)', and to command that the punishment awarded 
 shall be mitigated, by his being placed on Half-pay. 
 
 The Prince Regent further observed, that the intemperate styl« 
 of the prosecutor's address to the Court, in which the prisoner is 
 accused of disgraceful crimes, which are not supported by'subse* 
 quent proof, appeared to His Royal Highness to be very repre- 
 hensible, as, if he. Colonel Warren, believed the existence of 
 such offences on the pan of Captain Tucker, he failed in his 
 most essential duty to the service, by not only delaying to bring 
 them forward, but by living in habits of social intercourse with 
 the prisoner, until he thought proper, upon irrelevant grounds, to 
 bring him to a Court Martial on the first charge, of which he is 
 wholly acquitted. 
 
 , His Royal Highness has. been further pleased to command it 
 to be signified to Colonel Warren, and to the Officers of the 1st 
 Battalion of the 27th Regiment, that their conduct in general has 
 been highly reprehensible, in assuming the power of admitting 
 Lieutenant Fraser into the corps, after an arrangement had been 
 made for his retirement, rather than stand the issue of a General 
 Court Martial, and in their harsh proceedings towards Captain 
 Tucker, who refused his concurrence to such an irregular pro- 
 ceeding : the steps which the latter took to obtain redress, have 
 not only been made the subject of charge, but the occasion of 
 ^)i-iligiiJg forward accusations which were permitted to lie dor- 
 mant, so as to give the impression to the Prince Regent, that the 
 prosecutor was not actuated by public motives alone, in institut- 
 ing the charges which, as it would appear, would never have 
 been preferred, had Captain Tucker concurred in the irregular 
 proceeding regarding Lieutenant Fraser. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Captain John Tucker, of the 1st Battalion of 
 the 27th Regiment) together with the finding and Sentence of the 
 Gpurt, and the Prince Regent's pleasure thereon, shall be entered 
 in the geiteraborder book, and read at the head of every regiment 
 in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Ci5)tain Tucker is now in the 8th Yoot.— Editor. 
 
(715 ) 
 CHARLES €LARKE HUGHES, M. D.— 1816. 
 
 Horse Guards, 14 March, 1816. 
 
 At a General Court Martial, held at Marseilles on the 3d of 
 November, 1815, .and continued by adjournments to the yth of 
 the same month, Charles Clarke Hughes, M. D. Hospital As- 
 sistant to the Forces, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For unofficer and ungentlemanHke conduct, in creating a dis;- 
 turbance, and striking the marker of a bilUard table, an inhabitant of 
 Marseillfes, in a billiard-room, on the night of the 31st October, 1815. 
 
 2d. ' For neglect of duty, in absenting himself without leave of acting 
 Staff Surgeon Callow, from the duties of the detachment hospital, on the 
 morning of the 1st November, 1815. 
 
 3d. ' For disobedience of orders, in not rep^ring immediately to the 
 Adjutant General's Office, when officially ordered to do so, in writing, by 
 Captain Hall, Deputy Assistant Adjutant General, at the express desire 
 of Colonel Burrowes, Commanding His Majesty's Forces at Marseilles, 
 on the morning of the 1st November, 1815. 
 
 4th. ' For positively asserting to Colonel Burrowes, on the morning 
 of the 2d November, 1815, that he had repaired to the Adjutant General's 
 Office at four o'clock in the afternoon of the 1st instant, in consequence 
 of an order received from Captain Hall, Deputy Assistant Adjutant Ge- 
 neral, which assertion there is every reason to believe he did not fulfil, 
 being highly unbecoming the character of an Officer and a Gentleman." 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi* 
 dence adduced in support of the prosecution, together with what 
 the prisoner, Charles Clarke Hughes, M. D. Hospital Assistant 
 to the Forces, hath urged in his defence, came to the following 
 decision : 
 
 That the prisoner, Charles Clarke Hughes, M. D. Hospital 
 Assistant to the Forces, is Guilty of the second part of the first 
 chat-ge preferred against him, namely, for striking the marker of a 
 billiard-table, an inhabitant of Marseilles, in a billiard-room, on 
 the night of the 31st October, 1815. 
 
 With reispect to the first part of the first charge, namely, ' for 
 unoiBCer and ungentlemanlike conduct, in creating a disturbance,' 
 the Court doth acquit him, in consequence of the great provoca- 
 tion which appears by the evidence produced by the prisoner, 
 Charles Clarke Hughes, M. D. Hospital Assistant to the Forces, 
 to have received from the marker of a billiard-table^, Frangois 
 Alex. 
 
7lS J. Harrison. 
 
 With regard to' the jsecond charge, the Court doth find the pri- 
 soner, Charles Clarke Hughes, M. D. Hospital Assistant to the 
 Forces, Guilty. 
 
 With regard to the third charge, the Court do find the prisoner, 
 Charles Clarke Hughes, M. D. Hospital Assistant to the Forces, 
 Guilty. 
 
 With regard to the fourth charge, the Court doth find the 
 prisoner, Charles Clarke Hughes, M.D. Hospital Assistant to 
 the Forces, Guilty. 
 
 The Court, having found the prisoner, Charles Clarke Hughes, 
 M. D. Hospital Assistant to the Forces, Guilty of the second part 
 of the first charge, together with the whole of the second, third, 
 and fourth charges preferred against him, which, being in hrpach 
 of the Rules and Articles <3f War, doth, therefore, adjudge that 
 he, the said Charles Clarke Hughes, M. D. Hospital Assistant 
 to the Forces, be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against the 
 prisoner, Charles Clarke Hughes, M. D. Hospital Assistant to 
 the Forces, together with the finding and Sentence of the Court, 
 ■shall be entered in the genera:l order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 ASSISTANT SURGEON J. HARRISON.— 1816. 
 
 Uorse Guards, 22 April, 1816, 
 At * General Coi|rt Martial, held at Ghazeppor, on the 3d 
 June, 1815, Assistant Surgeon James Harrison, of the 17th Rer 
 giment of Foot, was arraigned upon the undermentioned charges, 
 preferred against him by Assistant Surgeon Ardley, of the 17th 
 Jlegiment of Foot, viz. 
 
 . 1st. 'For conduct unbecoming the character of an Officer and a Gen- 
 tleman, and prejudicial to military discipline, in having violently at- 
 tempted to enter my quai-ters, at the late hour of about 12 o'clock of the 
 night of th? 3d October, 1814, and when denied' admittance and ordered 
 
/. Harrison. 717 
 
 to wait upon me in the morning, in having uttered to me, his superior 
 Officer, the threatening expression of ' by God, Sir, I will not have done 
 with you until,' and immediately afterwards viresting a spear from the 
 hand of my chokedar, and with the same making towards the door of 
 my quarters, which I had previously shut to prevent his entrance. 
 ADDITIONAL CHARGES. 
 
 2d. ' For neglect of professional duty, and disobedience of orders, on 
 the 17th of September last, in refusing to examine and prescribe for pri- 
 vate George Robson, a sick soldier of His Majesty's 1 7th Foot, vehen 
 carried before Mr. Harrison for medical advice. 
 
 3d. ' For neglect of professional duty, and disobedience of orders, oil 
 the 24th September last, in declining to examine and prescribe for pri- 
 vate Joseph Blow, of the said regiment, who could not stand without 
 help, when brought before Mr. Harrison for medical advice. 
 
 4 th. ' For an act of inhumanity and disobedience of orders, and parti- 
 cular neglect of professional duty, on the night of the 30th September 
 last, in declining when called upon, (and he being in his quarters at the 
 time) to visit the wife of private David MoitIs, a soldier of the regiment, 
 she lying at the point of death, in consequence of a long and continued 
 bleeding : all which conduct shewing a total absence of those feelings 
 common to a medical Officer, and contrary to the usage of the service. 
 (Signed) St. GEORGE ARDLEY, 
 
 Assistant Surgeon, 17th Regiment, in medical charge. 
 
 Second additional charges preferred against Mr. James Har- 
 rison, Assistant Surgeon 17th Regiment of Foot, by Colonel 
 Hardymaii, commanding. 
 
 1st. ' For having falsely asserted, in a letter dated Ghazepoor, Fe- 
 bruary 24th, 1815, addressed to the Adjutant General of the King's 
 troops, for the information of the Right Honourable the Commander in 
 Chief, the following declai-ation, viz. 
 
 ' "That Colonel Hardyman's Letter, of the 13th current, in reply to 
 mine, is nearly a complete series of lies from beginning to end, and it is 
 now useless to obsei-ve delicacy," such assertion being grossly insulting 
 towards Colonel Ilardyman, unbecoming the character of an OffieSt and 
 a Gentleman, and highly prejudicial to good order and military disciphne. 
 
 2d. ' For having, in the same letter, most unwarrantably and unjusti- 
 fiably stated, that " if the Right Honourable the Commander in Chief 
 will not now adopt means to afford me redress, I must consider him as 
 accessary to those unjust proceedings," such assertion being highly dis- 
 respectful towards the Commander in Chief, in contempt of his authority, 
 and subversive of militai-y discipline.' 
 
 To which charges the prisoner refused to plead. 
 
 The Court, therefore, came to the following decision, viz. 
 
 The Court, having most maturely deliberated on the charges 
 preferred against the prisoner. Assistant Surgeon James Harrison, 
 of His Majesty's 17th Regiment of Foot, and having duly consi- 
 
7 IS J.Mid^la;. 
 
 dered his determiiaed, and repeated refusal to plead before the 
 Court, feel that they have no other alternative than to proceed to 
 the painful part of their duty of pronouncing him Guilty, and he 
 is hereby pronounced Guilty of each and every part of the charges 
 exhibited against him. 
 
 The Court, having found the prisoner, Assistant Surgeon Har- 
 rison, Guilty of the foregoing charges, which being in breach of 
 the Articles of War, they do sentence him to be dismissed from 
 His Majesty's service. 
 
 After performing this last painful part of their duty, the Court 
 beg permission to call the attention of the Right Honourable the 
 Commander in Chief, to the long arrest to which the prisoner has 
 been subjected, in hopes that it may give him some claim to his 
 Lordship's lenient consideration.' 
 
 Which Sentence has been approved and confirmed by General 
 the Earl of Moira, K. G., Commander in Chief of all the Forces 
 in India. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, exhibited against Assistant Surgeon James 
 Harrison, of the 17 th Regiment of Foot, together with the find- 
 ing and Sentence of the Court, shall be entered in the general 
 order book, and read at the head of every regiment in His Ma- 
 jesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT COLONEL J. MIDGLEY.— 1816. 
 
 Horse Guards^ 24 April, 1816. 
 
 At a General Court Martial, held at Chatham Barracks, on the 
 5th February, 1816, and continued by adjournments to the 14tli 
 March following. Lieutenant ColonelJohn Midgley, commandant 
 at Tilbury Fort, was arraigned upon the undermentioned charges, 
 viz. — 
 
 1st. 'For conduct unbecoming a Commanding Officer, in not having 
 requested, required, permitted, or suffered Lieutenant and Adjutant 
 Brewer, (from the period of his. Lieutenant and Adjutant Brewer' Sj ap; 
 poiutment of Adjutant of the dfep6t, but more particularly from, on, or 
 about, the 25'th day of January, 1813, to, on, or about, the 24th Sep* 
 
J.Midghy. 719 
 
 tember, 1815,) to go into office, and to transact public business, by 
 which the said Lieutenant Brewer, as Adjutant, must have appeared ne- 
 glectfiil of his duty to any superior Officer, who, during that period, in- 
 spected the dep6t : and for having depreciated the military character of 
 Lieutenant Brewer, as Adjutant, on his. Lieutenant Brewer's, applica~ 
 tion for redress of wrongs, by his. Lieutenant Colonel Midgley's, giving 
 orders by way of reply, many of such orders not appearing compatible 
 with the duty of an Adjutant, and tending to degrade the said Lieute- 
 nant Brewer, as an Officer and a Gentleman, and also for having depre- 
 ciated the military character of Lieutenant Brewer, to Dr. Hall, and 
 Mrs. Hall, on, or about, the 2d day of March, 1814, on a particular oc- 
 casion, when the command of the depot had devolved on Lieutenant 
 Brewer. 
 
 2d. ' For conduct unbecoming a Commanding Officer, in having or- 
 dered, permitted, and suffered, from the period of the appointment of 
 Lieutenant Brewer, as Adjutant, but more particularly from the 25th 
 day of January, 1813, to the 25th September, 1815, the respective clerks 
 for the time being, viz. seijeant Charles Turner, Thomas Noy, and re- 
 cruit Thomas M. Cooke, Royal York Rangers, to act as superior clerks 
 with clerks under them respectively, and having confided to the said 
 Charles Turner, Thomas Noy, and Thomas M. Cooke, respectively, as 
 clerks for the time being, the public business of the d6put, whereby the 
 said Lieutenant Brewer was made a mere cypher as Adjutant, and was 
 totally ignorant of the casualties of the gaiTison. 
 
 3d. ' For conduct unbecoming a Commanding Officer, in having suf- 
 fered, or connived at the sutler of the canteen, Mr. Gibbs, (who had oc- 
 cupied the canteen during the years 1813 and 1814,) from, or about, the 
 month of December, 1814, until the latter end of the month of July, 
 1815, to charge the troops and inhabitants of the garrison, six-pence per 
 quart for beer, when five-pence per quart only, was the market or usual 
 price, the price of beer having been lowered at London, Gravesend, and 
 elsewhere ; also having permitted, or suffered, or connived at the present 
 sutler of the canteen, a Mr. John Till, from, or about, the latter end of 
 the month of July last past, to, on or about, the 31st day of October, 
 1815, to charge six-pence per quart for beer, when five-pence per quart 
 only, was the market or usual price : the recniits not being allowed to 
 go out of the gaiTison gate, (and even the old soldiers not beyond the 
 lines) to spend any money elsewhere, not even to the ferry-house, at the 
 top of the western gun lines, prior to the 25th September, 1815, where 
 beer was sold, during the pei-iod Mr. Newin has kept the Ferry-house, at 
 five-pence per quart, thereby, having permitted, or connived at, an exor- 
 bitant profit to be made by Mr. Gibbs, the sutler, during the latter part 
 of the time of his keeping the canteen, and also by the said sutler, Mr. 
 John Till, during the time he has kept the canteen, up to the period of 
 the 3 1 St day of October, 1815, contrary to the Articles of War, in regai'd 
 to sutling troops. 
 
 4th. ' For conduct unbecoming a Commanding Officer, viz. from the 
 period of Lieutenant Brewer's appointment as Adjutant, but more parti- 
 culai-ly from, or about, the 25th January, 1813, to, on, or about, the 
 
720 J. MidgUy. 
 
 25th day of September, 1815, in not having generally given orders iii 
 writing, (except those called standing orders,) not having kept, or or- 
 dered to be kept, by Lieutenant Brewer, as Adjutant, an orderl^ book, 
 for the public inspection of Officers, and for the insertion therein of all 
 casualties, the roster of duties, the times of marching, and embarking of 
 troops, musters, details of guards, church parades. Officers arriving at, 
 and departing from the dep&t, and the entry and reading of Courts Mar^ 
 •tial at the head of the troops, received in common with other districts 
 fi-om the Adjutant General's office, but on the contrary, viz. from, on, 
 or about, the 25th day of January, 1813, to, on, or about, the 25th day 
 of September, 1815, in having sent troops on board of ship at a very 
 short notice, having delayed the settlement of their accounts before 
 marching and embai-king, until the last moment, and then having hurried 
 the settleinent of the men's accounts ; such conduct being greatly preju- 
 dicial to, and contrary to the usual methods observed on such occasions, 
 in caiTying on His Majesty's service. 
 
 5th. ' For having ordered, permitted, or suffered, the respective Ser"- 
 jeant Majors, for the time being, viz. Serjeant Major (now Ensign) 
 Hartley, of the 10th (now the 4th) Royal Veteran Battalion, and Sert 
 jeant Major Carter, from, or about, the 25th day of December, 1813, to 
 the'25th September, 1815, or thereabouts, in general to draw subsistence 
 from the Paymaster of the dfepot, and issue the same to the troops, like- 
 wise having permitted and suffered the said respective Serjeants Major 
 Hai'tley and Carter, for the time bdng, to issue necessaries to the troops, 
 the said respective Serjeants Major Hartley and Carter, for the time be- 
 ing, having individually, directly, or indirectly, received the allowance 
 for the payment of the troops, granted to pay-seijeants, in addition to his 
 pay as Serjeant Major, contrary to the express rules laid dovni by His 
 Majesty's regulations. 
 
 6th. 'For having suffered and permitted the present Seijeant Major 
 Carter, to draw the intermediate pait of bounty, from, or about, the 21st 
 day of May or June last, to the 25th day of September, 1815, or there- 
 abouts, and also the final approval part of bounty, from, or about, the 
 21st day of July last, to the 25th day of September, or thereabouts, and 
 jn general, to settle the same with tlie recruits, first having deducted the 
 amount of the account for necessaries issued to the recruits, and likewise 
 for having permitted the said Serjeant Major Caiter to keep (or convert 
 his barrack room into) a shop for the sale of various articles to the soldiers 
 and recruits, in the year 1814, notwithstanding a regular canteen was 
 kept in the garrison, the same being contraiy to His Majesty's Regula- 
 tions. 
 
 7th. ' For not having suffered, during the period Lieutenant Brewer 
 has been Adjutant at the dep6t, but particularly from, or about, the 25th 
 day of September, 1813, to the 25th day of September, 1815, or there- 
 abouts, the soldiers and recruits to occupy, or have the whole of the bar- 
 rack yard, (the whole being but a confined space,) for play and exer- 
 cise, but having reserved at least one half of the said yard, for the gra- 
 zing and growing of grass for hay, for his Lieutenant Colonel Midg- 
 ;ley's horses. 
 
 8th. ' For conduct ^inbecoming a Commanding Officer of a garrison 
 
and d§p6t, on whom such great and serious duties derolved, as Com- 
 mandant of Tilbury Fort (it being a great depot for recruits from all 
 parts of the United Kingdom, as well as a dep6t on a large scale for gun- 
 powder) in not having a sufficient number of staff non-commissioned 
 Officers, for the performance of the various duties, and safety of the place, 
 but on the contrary, during the period Lieutenant Brewer has been Ad- 
 jutant, and particularly frqpi the 25th day of January, 1813, to the 25th 
 day of September, 1815, or thereabouts, having permltteid and suffered 
 recruits to superintend recruits, and occasionally, from time to time, 
 within the said periods, to drill them, by which means, many unneces- 
 sary punishments of recruits have been incurred, highly detrimental to 
 the good of His Majesty's service. 
 
 9th. ' For having kept, and unnecessarily detained, in the course of 
 the year 1815, at different periods, soldiers from their respective regi- 
 ments, on their way to North Britain, and elsewhere, when their pas- 
 sages could have been procured twice a week, and particularly having de- 
 tained private Patrick Maloney, of the 73d Regiment, whose regimental 
 depot was at Colchester, for nearly seven months, and also private Neil 
 O'Donnell, of the 21st Regiment, for nearly four months, whose regi- 
 mental depot was in North Britain, and for having sent the non-com- 
 missioned Officers of various detachments, appointed for the guard of the 
 garrison, occasionally away on the escort duty ; such conduct being ex- 
 tremely detrimental to the service. 
 
 10th. 'For conduct unbecoming a Commanding Officer and a Gen- 
 tleman, in having opened a letter from Colonel, now Major General Sir 
 Henry Torrens, K. C.B. to Lieutenant Brewer, on, or about, the 17th 
 day of November, 1813, he. Lieutenant Colonel Midgley, having brought 
 the same open to Lieutenant Brewer, and stated, that on having seen the 
 signature of Sir Heni-y Torrens, he had not read it, though Lieutenant 
 Brewer had great reason to think the Lieutenant Colonel had read it, 
 from a conversation afterwards had with the Lieutenant Colonel on the 
 subject; likewise, on, or about, the 22d day of October, 1814, in having 
 sent another of Lieutenant Brewer's letters, by the boatman (Samuel 
 Smith) deceased, to Lieutenant Brewer, without the Adjutant General's 
 frank, in which it had been inclosed from the Adjutant General's office, 
 and also for having opened, or sent open, on, or about, the 20th July, 
 1814, a letter from the medical board to Dr. Hall, dated, on, or about, 
 the 19th July, 1814 ; likewise, in having sent a letter open to Mr. Stan- 
 ley, from the barrack board, and of which Mr. Stanley publicly com- 
 plained, and a meeting was had at Lieutenant Colonel Midgley's office 
 (in the commencement of the year 1815) in consequence thereof j and 
 also, for having opened, and sent open, on the 9th November, 1815, by 
 Mr. Frederick Williams, to Lieutenant Brewer, a letter from the Adju- 
 tant General, addressed to him, Lieutenant and Adjutant Brewer, and 
 dated the 7th November, 1815. 
 
 11th. ' For unbecoming conduct as a Commanding Officer, in having 
 suffered general service recruit John Cooper, from, or about, the month 
 of April, 1815, to tlie month of September, 1815, to be borne on the 
 muster rolls, mustered and receive pay as such, he the said ^ohn Cooper, 
 never having been sworn in, or attested, as a soldier. 
 
 J A 
 
722 J. Midghj. 
 
 12th. ' For having caused, or suffered, the Rev. Henry Pothergill, a 
 clergyman, from Gravesend, viz. from the 25th day of January, 1813, 
 until the 25th day of Septemher, 1815, to draw coals and candles, and 
 reside in, and occupy the house. No. 1, in the, garrison of Tilbury Fort, 
 the said Rev. Henry Fothergill, not having held, during the said periods, 
 any military commission, as chaplain to the forces, or to the garrison of 
 
 Tilbury Fort, particularly as the Rev. Currie, the chaplain of the 
 
 garrison, on the reduced establishment of chaplains, or Hafi-pay, was, 
 during the aforesaid period, alive, and residing at Dartford ; and also for 
 having caused, or suffered, the name of the said Rev. Henry Fothergill, 
 to be forwarded to the Quarter Master General, for the purpose of being 
 inserted in His Royal Highness the Prince Regent's warrant, bearing 
 date, on, or about, the day of January, 1813, for an additional al- 
 lowance of coals and candles ; he, the said Rev. Henry Fothergill, not 
 having been an Officer on the staff of the garrison, and being illegally 
 returned, by the said Lieutenant Colonel Midgley as such, or resident 
 chaplain, for the weekly allowances of coals and candles to the ban°ack 
 master, or barrack board, and by such occupation of quarters having pre- 
 cluded, or hindered other staff Officers of the depot, from being properly 
 accommodated with quarters. 
 
 I3th. ' For having antedated an order, viz. August, 1809, and issued 
 the same to Lieutenant and Adjutant Brewer, on the 5th day of Au- 
 gust, 1815, whereby, from, or about the periods of the years, 1813, and 
 1814, and part of the year, viz. to the month of September, 1815, he, 
 the said Lieutenant Colonel Midgley, made, or suffered to be made, by 
 virtue of said order, an unreasonable demand upon the soldiers and re- 
 cruits, for the prices of the carriage of articles, in the said order speci- 
 fically mentioned. 
 
 14th. ' For having ordered, pei-mitted, or suffered, viz. from, or about, 
 the month of June, 1815, to,the25th October, 1815, to be issued to the 
 soldiers and recruits, various articles of necessaries, viz. shirts, stockings, 
 iron spoons, knives and forks, pieces of soap, cockades and colours, the 
 said articles, not appearing intrinsically worth the prices charged to the 
 soldiers and recruits, and having suffered an exorbitant price to be charged 
 for the marking soldiers necessai'ies, thereby having made, or caused to 
 be made, an unreasonable profit on the said articles, contrary to His Ma- 
 jesty's regulations. 
 
 iSth. • For having ordered; or suffered, or permitted, or suffered, dur- 
 ing the years 1813, 1814, and part of the year 1815, 6d. to be deducted 
 from the pay of each recruit, and 2d. from each old soldier, and paid to a 
 fund, called a table cloth fund, &c. amounting to a large sum of money, 
 yearly, during the above periods. 
 
 16th. ' For having ordered, permitted, or suffered, during the years, 
 1813, 1814, and part of the year 1815, Id. per diem, to be obtained 
 from each soldier and recmit's pay, for vegetables, when one-fourth part 
 would have been sufficient, thereby having accumulated a great surii of 
 money yearly, unnecessarily, when there was a piece of ground appro 
 priated for the growth of potatoes, &c. nearly sufficient'for the consump- 
 tion of the soldiers and recniits, and also for selling; or suffering to be 
 sold, during the periods, last mentioned, the said potatoes, &c,. the pro- 
 
J. Midghy. 723 
 
 dnce of the garden, to the troops in the dep6t, for their regular mess 
 dinner, at about the rate of 6«. per bushel, when the market price was 
 barely 2s. per bushel, and also for having sold, or suffered to be sold, 
 greens, &c. for \Qd. the dish, for evei-y ten men, when the garrison gar- 
 den produced them, or, if they had been bought in the market, the price 
 would have been about 4d. 
 
 17th. • For having ordered, permitted, or suffered, during the years 
 1813, 1814, and part of the year 1815, Id. per diem, to be detained from 
 each soldier and recruit's pay, for one pint of table beer each daily, and 
 thereby having accumulated a surplus fund, amounting to about ^630 and 
 upwards, per annum, or for the above stated periods, an aggi'egate sum 
 of near ^100, contrary to His Majesty's regulations. 
 
 18th. 'For having permitted and suffered a custom to exist, of \s. 
 in the pound, being returned by the Captains of packets or smacks, em- 
 ployed to carry troops to Scotland, on the aggregate passage money, paid 
 for men, women, and children, by Government, for their passage, being 
 a large sum of money, viz. about £T^ yearly. Or according to the returns 
 of numbers embarked, duiing the above stated periods, and having em- 
 ployed only one packet company, in preference to aU the other packet 
 companies, and then having suffered the amount of such poundage to be 
 divided (as well as all escort money) between the Seijeant Major and the 
 clerks, &c. contrary to His Majesty's regulations. 
 
 19th. ' For.conduct unbecoming a Commanding OlBcer, in having 
 suffered, from, or about the month of June, 1815, to the 4th day of 
 November, 1815, necessaries of an inferior or unserviceable quality, 
 such as shoes at 4«. Gd., or 4«. 9d. per pair, to be issued to the soldiers 
 and recruits, being expressly contrary to His Majesty's regulations.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having most maturely deliberated upon, and most 
 attentively Weighed and considered the whole of the evidence 
 and matter, adduced in support of the prosecution, together with 
 what the prisoner, Lieutenant Colonel John Midgley, offered in 
 his defence, are of opinion in regard to the I st charge, that he 
 is Not Guilty, and the Court do, therefore, acquit him of all and 
 every part of the said charge. 
 
 With regard to the 2d charge, the Court are of opinion that 
 the prisoner is Not Guilty, and the Court do, therefore, acquit 
 him of the said charge. 
 
 With regard to the 3ti charge, the' Court are of opmion that 
 the prisoner is Not Guilty, and the Court do, therefore, honour- 
 ably acquit him of all and every part of the said charge. . 
 
 With regard to the 1 st part of the 4th charge, viz. ' for con- 
 duct unbecoming a Commanding Officer, from the period of 
 Lieutenant Brewer's appointment of Adjutant, but more partit 
 
 3 A 3 
 
724 J. Blidgley. 
 
 cularly from, or about, the 25th day of January, 1813, to on, or 
 about, the 25th day of September, 1815, in not having generally 
 given orders in writing (except those called standing orders) not 
 having kept, or ordered to be kept by Lieutenant Brewer, as Ad- 
 jutant, an orderly book for the public inspection of Officers, and 
 for the insertion therein of all casualties, the roster of the duties, 
 the time of marching and embarking of troops, musters, details 
 of guards, church parades, Officers arriving at, and departing 
 from the d^pot, and the entry and reading of Courts Martial, at 
 the head of the troops, received in common with other districts, 
 from the Adjutant General's office ;' the Court are of opinion 
 that it has been clearly proved, and also admitted by the prisoner, 
 that no orderly book was kept at Tilbury Fort, but after taking 
 into consideration the evidence that has been adduced in support 
 of the prosecution, as well as what has been offered by the pri- 
 soner in evidence, on his defence, particularly the system of stand- 
 ing orders adopted by the prisoner, in which he appears to have 
 given the most minute attention to the interior arrangement of 
 the d^pot, the Court are of opinion that the prisoner is Not 
 Guilty of conduct unbecoming a Commanding Officer, and do 
 acquit him accordingly. 
 
 With regard to 2d part of the 4th charge, viz. ' From, on, or 
 about the 25th day of January, 1813, to, on, or about the 25th 
 day of September, 1815, in having sent troops on board of ship, 
 at a very short notice, having delayed the settlement of their ac- 
 counts before marching and embarking until the last moment, 
 and then having hurried the settlement of the men's accounts, 
 such conduct being greatly prejudicial to, and contrary to the 
 usual methods observed on such occasions, in carrying on His 
 Majesty's service ;' the Court are of opinion the prisoner is Not 
 Guilty, and they do, therefore, most honourably acquit him of the 
 2d part of the said charge. 
 
 With regard to the 5th charge, the Court are of opinion that 
 the prisoner is Not Guilty, and do, therefore, acquit him of the 
 said charge. 
 
 With regard to the 6th charge, the Court are of opinion that 
 the prisoner is Not Guilty, and do, therefore, acquit him of the 
 said charge. 
 
/. Midgley. T15 
 
 Wifli regard to the 7tli charge, the Court are of opinion that 
 the prisoner is Not Guilty, and do, therefore, acquit him of the 
 said charge. 
 
 With regard to the 8th charge, the Court are of opinion, that 
 the prisoner is Not Guilty, and do, therefore, acquit him of the 
 said charge. 
 
 With regard to the 9th charge, the Court are of opinion that 
 the prisoner is Not Guilty, and do, therefore, acquit him of the 
 said charge. 
 
 With regard to the 10th charge, the Court are of opinion that 
 the prisoner did ' open a letter from Colonel (now Major General) 
 Sir Henry Torrens, K. C. B. to Lieutenant Brewer, on, or about, 
 the 17th day of November, 1813, but that it was owing to inad- 
 vertency, and the mere hurry of business ;' — that the prisoner is 
 Not Guilty of ' having, on, or about, the 22d day of October, 
 1814, sent another of Lieutenant Brewer's letters, by the boat- 
 man, Samuel Smith (deceased) to Lieutenant Brewer, without 
 the Adjutant General's frank ; that the prisoner did open, or send 
 open, on, or about, the 20th July, 1814, a letter from tlie medi- 
 cal board, to Dr. Hall, dated on, or about, the 19th July, 1814, 
 but that it happened inadvertently in the hurry of opening offi- 
 cial letters, which were laid upon the prisoner's table ;' that the 
 prisoner is Not Guilty of ' having sent a letter open to Mr. 
 Stanley from the barrack board, in the commencement of the 
 year, 1815; that the prisoner did open a letter on the 9th of No- 
 vember, 1815, from the Adjutant General, Lieutenant Brewer, 
 dated 7 th November, 181 5,' but that it happened through mere ac- 
 cident in consequence of a mistake in the person who delivered the 
 letters, having laid it, with several others, on the prisoner's table ; 
 ■ — the Court do, therefore, fully and honourably acquit the pri- 
 soner, Lieutenant Colonel John Midgley, of any criminal intention, 
 in respect to all and every part of the 10th charge, and of con- 
 duct unbecoming a Commanduig Officer and a Gentleman. 
 
 With regard to the 11th charge, the Court are of opinion 
 that John Cooper was borne on the muster rolls, mustered, and 
 received pay as a general service recruit, although nev€r sworn 
 in or attested as a soldier, but that the said John Cooper was en- 
 listed under especial authority to act as a boatman to the garrison 
 
72€ J. Midgley. 
 
 of Tilbury Fort, and not to serve in the capacity of a soldier, and 
 .the Court do, therefore, acquit the prisoner of unbecoming con- 
 duct as a Commanding Officer. 
 
 With regard to the l'2th charge, the Court are of opinion 
 that the prisoner is Not Guilty, it appearing that the Rev. Henry 
 Fothergill acted as Chaplain, and received the allovpance of coals 
 and candles, and barrack accommodation under proper authority, 
 and the Court do, therefore, fully acquit the prisoner of the said 
 charge. 
 
 With regard to the 13th charge, the Court are of opinion that 
 the prisoner is Not Guilty, and do, therefore, acquit him of the 
 said charge. 
 
 With regard to the 1 4th charge, the Court are of opinion 
 that the prisoner is Not Guilty, and do, therefore acquit him ; but 
 the Court cannot, in passing judgment on this charge, abstain 
 from remarking, that there has been a degree of irregularity in 
 the Quarter Master and others, who issued necessaries to the 
 troops at Tilbury Fort, in not keeping books of entry and deli- 
 very of all articles furnished, which would have afforded a clear 
 insight into the actual prices paid for all the articles, and effec- 
 tually prevented the possibility of any profit being made, con- 
 trary to His Majesty's regulations. 
 
 With regard to the 13th charge, the Court are of opinion 
 that the prisoner, LientenantColonelJohn Midgley, has 'ordered, 
 permitted, and suffered, duripg the years 1813, 1814, and part 
 of the year 1815, six-pence to be deducted from the pay of each 
 recruit, two-pence from each soldier, and paid to a fund called a 
 table cloth fund,' &c. ; but it appears also that this was a very 
 laudable and proper regulation, tending towards the comfort and 
 benefit of the troops and their messing ; that a proper and cor- 
 rect account pf the receipts and expenditure of the said fund has 
 been kept, and the Court do, therefore, acquit the prisqner. Lieu- 
 tenant Colonel John Midgley, of aH criminality in the matter of 
 the fifteenth charge. 
 
 With regard to the l6th charge, the Court are of opinion 
 that the prisoner is Not Guilty, and do, therefore, acquit him of 
 all, and every part of the said charge. 
 
 With regard to the 17th ch?irge, the Court are of opi- 
 
J. Miflglei/. 727 
 
 nion that the prisoner is Not Guilty of 'hating permitted and 
 suffered a custom to exist, of one shilling in the pound being 
 returned by the Captains of the packets, or smacks, employed to 
 carry troops to Scotland, on the aggregate passage money paid 
 (for men, women and children) by Government for their passage, 
 being a large sum of money, viz. about £78 yearly, or according 
 to the returns of numbers embarked, durmg the above stated pe 
 riods,' but it having appeared in evidence, that in one instance, it 
 came to the prisoner's knowledge, that a present had been made 
 by a Captain of one of the vessels, to one of the clerks, the Court 
 are of opinion that Lieutenant Colonel Midgley ought to have 
 strongly reprobated the instance in which he appears to have been 
 apprized of a present having been made by a master of a packet 
 to one of the clerks. 
 
 With regard to the remaining part of the charge, the Court are 
 of opinion that the prisoner is Not Guilty, the Court do, there- 
 fore, acquit him of the eighteenth charge. 
 
 With regard to the IQth charge, the Court are of opinion 
 that the prisoner is Not Guilty, and do, therefore, acquit him of 
 the said charge. 
 
 The Court, in closing their proceedings, conceive it but justice 
 to Lieutenant Colonel Midgley to observe, that after a very mi- 
 nute investigation, it clearly appears to them, that he has dis- 
 charged the arduous duties of Commandant of Tilbury Fort, with 
 unremitting zeal and integrity, and that he has uniformly shewn 
 the utmost attention to the comfort and welfare of both Officers 
 and men under his command. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; in giving his serious 
 attention to the relative situations of the prisoner and prosecutor. 
 His Royal Highness has been pleased to express his satisfaction 
 in the favourable result of so long and minute an investigation 
 of Lieutenant Colonel Midgley's conduct, and to observe, that the 
 violation of discipline attending the prosecution of a Commanding 
 Officer upon charges which have failed of support, would appear 
 to demand a mark of displeasure calculated to preserve military 
 authority from groundless aud unjustifiable accusations. 
 
728 M. Hilhouse. 
 
 Under these circumstances, His Royal Highness has been 
 pleased to command, that the prosecutor, Lieutenant Brewer, 
 shall be removed from the situation of Adjutant to the d6p6t of 
 Tilbury Fort. 
 
 His Royal Highness the Commander in Chief is pleased to di- 
 rect, that the foregoing charges, preferred against Lieutenant Co- 
 lonel John Midgley, Commandant of Tilbury Fort, together with 
 the finding and Sentence of the Court, and the Prince Regent's 
 pleasure thereon, shall be entered in the general order book, and 
 read at the head of every regiment in His Majesty's service. 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieut. Colonel Midgley is now upon Half-pay. — Editor, 
 
 CAPTAIN MARTIN HILHOUSE.— 1816. ' 
 
 Horse Guards, 4 May, 1816. 
 
 At a General Court Martial, held at St. Ann's Barracks, Bar- 
 badoes, on the 7th December, 1815, and continued by adjourn- 
 ments to the 11th of the same month. Captain Martin Hilhouse, 
 of the Bourbon Regiment, was arraigned upon the undermen- 
 tioned charge^ viz. 
 
 ' For conduct unbecoming the character of an Officer and a Gentle- 
 man, in having falsely and maliciously calumniated the character of his 
 (Commanding Officer, Lieutenant Colonel Edwards, by stating, while 
 on board the Hydra transport, in her voyage from the Mauritius to Bar- 
 badoes, to different Officers of the Bourbon Regiment, that he. Lieu- 
 tenant Colonel Edwards, had permitted the men of the Bourbon Regi>- 
 mept to be overcharged in the price of the white jackets delivered out 
 to them (by order pf the Commander of the Forces in the Mauritius) 
 in lieu of shoes, and by declaring it to be his intention to bring Lieu- 
 tenant Colonel Edwards to a Court Martial for the same, on his (Cap> 
 tain Hilhouse' s) arrival in England ; such conduct tending to degrade 
 the charapt^r of Lieutenant Colonel Edwards, his Commanding Officer, 
 in the eyes of the Officers of the regiment, and being subversive of good 
 brder and military discipline.' 
 
 Upon which charges the Court came to the following decision : ' 
 
 The Court, having most maturely and deliberately weighed and 
 considered the evidence produced on the part of the prosecution 
 against the prisoner. Captain Martin Hilhouse, of the Bourbon 
 Regiment, together with what he hath alleged in his defence 
 
JB. Filzpatrick. 729 
 
 on the charge, is of opinion, that the whole of the charge hath 
 been fully proved, and doth find the prisoner Guilty thereof ac- 
 cordingly ; and the Court doth, therefore, sentence and adjudce 
 that he, the prisoner. Captain Martin Hilhouse, be cashiered. 
 
 The Court cannot close its proceedings, without feeling it to 
 be a justice due to Lieutenant Colonel Edwards, "^lo observe, that 
 his conduct appears to have been laudable and honourable, and 
 so far from permitting the soldiers under his command to be over- 
 charged, he seems to have uniformly exerted himself to procure 
 their necessaries at the cheapest rate, and to have taken every 
 measure to prevent them from being imposed upon. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 "the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charge, preferred against Cap- 
 tain Martin Hilhouse, of the Bourbon Regiment, together with 
 the finding and Sentence of the Court, shall be entered in the ge- 
 neral order book, and read at the head of every regiment in His 
 Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT R. FITZPATRICK.— I8I6. 
 
 Horse Guards, 6 May, 1816. 
 
 At a General Court Martial, held at Armagh, on the 9th Fe- 
 bruary, I8I6, and continued by adjournments to the 13th of the 
 same month. Lieutenant Richard Fitzpatrick, of the Tipperary 
 Militia, was arraigned upon the undermentioned charges, viz. 
 
 1st, ' For scandalous and infamous conduct, unbecoming an Officer 
 and a Gentleman, in making use of treasonable, disloyal, and disrespect- 
 ful expressions against His Majesty, on, or about, the 23d of Decem- 
 ber, 1815, at the house of Mr. Argue, a revenue officer, in the town 
 of Monaghan, with whom he dined that day. 
 
 2d. ' For conduct unbecoming an Officer and a Gentleman, in order- 
 ing ^soldier of the Tipperary Militia, into Mr. Argue's dining-room, and 
 making him sit down at the table and drink with him, on, or about, the 
 23d December, 1815, 
 
 ,3d. ' For conduct, unbecoming an Officer and a Gentleman, in going 
 to Mr, Argue's gard-de-vin, and taking a sup 'from each bottle, which 
 he spat back again, telling Mr, Argue, he had drank enough, and- having 
 made use of some improper expressions, he left the room." 
 
7SO W, Cclks. 
 
 . UpcHi which' charges the Court came to the following deciston : 
 
 The Court, having taken into their consideration the evidence 
 laid before them in support of the prosecution, as also what was 
 offered by the prisoner in his defence, find, with respect to the 
 J St charge, the prisoner, Lieutenant Richard Fitzpatrick of the 
 Tipperary Militia, Guilty ' of scandalous and infamous conduct, 
 unbecoming an Officer and a Gentleman, in iQaking use of dis- 
 loyal and disrespectful expressions against His Majesty,' at the 
 time and place inentioaed in the charge, but acquit him, the pri- 
 soner, of any thing treasonable. 
 
 The Court acquit the prisoner of the 2d charge. 
 
 With respect to the 5d charge, the Court finds the prisoner 
 Guilty ' of conduct unbecoming an Officer and a Gentleman, iu 
 taking sups out of a garde-de-vin bottle at Mr. Argue's table, 
 and which he spat back again, or on the table,' but acquit him, 
 the said Lieutenant Fitzpatrick, of the remainder of the said 3d 
 charge. 
 
 The Court having found the prisoner Guilty, as before speci- 
 fied, being in breach of the Articles of War, do sentence him, 
 the said Lieutenant Richard Fitzpatrick, of the Tipperary Mili- 
 tia, to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Lieutenant Richard Fitzpatrick, of the Tipperary Militia, together 
 with the finding and Sentence of the Court, shall be entered in 
 the general order book, and read at head of every regiment in His 
 Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT WILLIAM COLLES.— Iijl6. 
 
 Horse Guards, 8 May, 1816. 
 At a General Court Martial, held at Portsmouth, on the 10th 
 February, 1816, and continued by adjournments to the 15th of 
 the same month. Lieutenant William Colles, of the 8th (or 
 King's) Regiment of Foot, was arraigned upon the undermen- 
 tioned charges, viz. 
 
WXQlles. 731 
 
 , Ist. ' For absenting hiiQself from the head quarters of the battalion, 
 at La Prairie, without leave, on, or about, the evening of the 6th, to 
 on, or about^ the morning of the 9th of February last, being subversive 
 of good order and military discipline. 
 
 2d. 'For disobedience of orders, in refusing, on, or about, the 18th of 
 Febniary, 1815, to attend his Commanding Officer, vrhen officially or- 
 dered to do so, through the Adjutant of the regiment. 
 
 iSd. ' For ungentlemanlike conduct, in borrowing the sum of ^18 : 
 6«. 8(^., for his private use, at various times, between the month of 
 September, 1812, and the month of April, 1815, from Serjeant John 
 Steel, of the aforesaid regiment, also the sum of £2 : 13«. 7d. at various 
 times, between the 25th of February, and the 24th April, 1814, from 
 Private James Jamieson of the said regiment. 
 
 4th. ' For taking, and converting to his own use, in the month of 
 September, 1813, a quantity of spirituous liquors, the property of Lof- 
 tus Monaghan, a private soldier in the 8th (or King s) Regiment of 
 Foot, and for borrovring in October, 1814, ^1. Halifax currency, from 
 the said Loftus Monaghan. 
 
 5th. ' For unofficerlike conduct, in misapplying a sum of ^13 : 19*. 
 llgrf public money, entnisted to his charge, between the 25th of No- 
 vember, 1813, and the 24th of May, 1814, for the payment of the sol- 
 diers under his command, and for other regimental purposes, being 
 subversive of good order and military discipline, and contrary to the Ar- 
 ticles of War. 
 
 6th. ' For having addressed a letter, dated 11th of May, 1815, to his 
 Commanding Officer, couched in most offensive and disrespectful lan- 
 guage, therein most falsely accusing his Commanding Officer, of hav- 
 ing made, through Major Evans, a promise to recommend him, the 
 said Lieutenant Colles, as a fit person to fill the situation of an Officer 
 in any other corps in which he might be permitted to effect an exchange, 
 
 7th. ' For absenting himself from the head quarters of the regiment, 
 when directed to embark on the 6th of June, 1815, for the piirpose of 
 proceeding to Europe.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having deliberately weighed and taken into mature 
 consideration the evidence adduced in support of the charges 
 against the prisoner, Lieutenant William Colles, of the 8th (or 
 King's) Regiment, and what he has urged in his defence, has 
 come to the following decision : 
 
 On the 1st charge, that the prisoner is Guilty. 
 
 On the 2d charge, that the prisoner is also Guilty. 
 
 On the Sd charge, the Court finds the prisoner Not Guilty, 
 as no evidence is brought forward to support the first allegation, 
 and in regard to the 2d part of the said charge, it does not appear 
 to the Court, that Lieutenant Colles 'borrowed any sum or sums 
 of money from Private Jamieson for his own private purposes.' 
 
732 W. Colles. 
 
 In regard to the 4th charge, the Court is of opmion that the 
 prisoner, Lieutenant Colles, of the 8th (or King's) Regiment, is 
 Not Guilty, the Court conceiving him to be fully justified in 
 taking away such a quantity of spirits from a soldier, who ap- 
 pears to have been addicted to drinking, and it is not proved by 
 the evidence, that the prisoner appropriated such spirits to his 
 own use : in regard to the money stated to be oorrowed, the 
 charge rests only on the assertion of the said Loftus Monaghan, 
 without any corroborative evidence. 
 
 The Court finds the prisoner Not Guilty of the 5th charge, as 
 the evidence is defective in regard to proof, and it does not ap- 
 pear that ihe prisoner (Lieutenant Colles) misapplied either the 
 pay due to Private Crab, or the sum claimed by Quarter Master 
 Kiernan, for work done and necessaries furnished to the com- 
 pany of which Lieutenant Colles was Pay Officer. 
 
 On the 6th charge, the Court declares the prisoner Guilty. 
 
 The Court is also of opinion, that Lieutenant Colles is Guilty 
 of the 7th charge, alleged against him, but the Court begs leave 
 to observe, that many circumstances of mitigation appear in this 
 charge, particularly, as the prisoner evinced much anxiety to 
 join his regiment, and his absence from it must have been 
 productive of much individual inconvenience and detriment to 
 himself. 
 
 The Court, finding the prisoner, Lieutenant William Colles, 
 of the 8th (or King's) Regiment, Guilty of the 1st, 2d, 6th and 
 7th charges preferred against him, do, therefore, sentence him to 
 be dismissed from His Majesty's service. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 sentence of the Court ; but in consideration of some more favour- 
 able circumstances attending his case, as adverted to in the letter 
 of the president, which accompanied the proceedings, His Royal 
 Highness has been further pleased to extend to the prisoner, his 
 most gracious clemency, and to command that the punishment 
 awarded shall be mitigated, by his. Lieutenant Colles, being 
 placed upon Half-pay. 
 
 The Commander in Chief directs, that the foregoing charges, 
 exhibited against Lieutenant William Colles, of the 8th (or 
 
S. B. Power. 733 
 
 King's) Regiment of Foot, together with the finding and Sen- 
 tence of the Court, and the Prince Regent's pleasure thereon, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Colles is now upon the Half-pay of the Re- 
 giment. — Editor. 
 
 LIEUTENANT S. B. POWER.— 1816. 
 
 Horse Guards, 14 May, 1816. 
 
 At a General Court Martial, held at Waterford, on the ISth 
 
 February, 1816, and continued by adjournments to the 23d of 
 
 the same month. Lieutenant S. B. Power,'of the 97th Regiment, 
 
 was arraigned upon the undermentioned charges, viz. 
 
 1 St. ' For having, contraiy to orders, gone on board a vessel, which 
 was wrecked in Tramore Bay. 
 
 2d. ' For scandalous and infamous conduct, unbecoming the character 
 of an Officer and a Gentleman, in having given to Seqeant Kilpatrick, of 
 the 97th Regiment,, certain articles talcen from the said vessel, which 
 articles were found concealed upon the person of the said Serjeant, and 
 which the Serjeant stated were given to him by Lieutenant Power, for 
 his. Lieutenant Power's use. 
 
 3d. ' For having possessed himself of a gun and case, part of the 
 cargo of the said, or other wrecked vessel, having sent the same to Wa- 
 terford, with the intention of applying the same to his own use.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having taken into their mature consideration the 
 evidence laid before them, in support of the prosecution, as also 
 what was offered by the prisoner in his defence, do find that the 
 prisoner, Lieutenant S. B. Power, of the 97th Regiment, is Not 
 Guilty of the first charge, and they do, therefore, acquit him of 
 the same. 
 
 With respect to the 2d charge, the Court do acquit the prisoner 
 of ' scandalous and infamous behaviour,' there not being sufii- 
 cient evidence to prove his intention of appropriating those arti- 
 cles, which he gave to Serjeant Kilpatrick, to his own use. 
 
 With respect to the 3d charge, the Court do find that the pri- 
 
734 P. Butkr. 
 
 soner, Lbutenant S. B. Power, of the 97 Ih Raiment, is Guilty, 
 and do, therefore, sentenee him to be dismissed from His Ma^ 
 jesty's service, such conduct being a breach of the Rules and Ar- 
 ticles of War. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregjoing, charges, preferred against 
 Lieutenant Povi^er, of the 97th Regiment, together with the fi<nding 
 and Sentence of the Court, shall be entered in the general order 
 book, and read at the head of every regiment in His Majesty's 
 service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 PAYMASTER PIERCE BUTLER.— 1816. 
 
 Horse Guards, 16 May, 1816. 
 At a General Court Martial, held at Chatham Barracks, on 
 the l6th March, I8l6, and continued by adjournments to the 
 1 6th of the same month. Pierce Butler, Esq. Paymaster of the 
 2d Battalion of the 524 (or Oxfordshire) Regiment of Foot, 
 was arraigned upon the undermentioned charge, viz. 
 
 ' For not having, although repeatedly applied to for that purpose, viz. 
 on, or about, the l7th of November, 1813, the 28th June, the 16th 
 of July, the 2d of August, and the 17th November, 1814, — the 25th 
 August, the 24th of October, and the 2d November, 1815, adjusted a 
 balance of ,£1954: 17«- 3rf. or thereabouts, reported by the agents of 
 the battalion to be due from him, on his accounts of the corps, for the 
 years 1808, 18a9, and 1811.' 
 
 Upon which charge the Court came to the following decision : 
 The Court, having most maturely deliberated upon, and atten- 
 tively weighed the whole of the evidence adduced in support of 
 the charge, together with what the prisoner has brought forward 
 in his defence, are of opinion that he is Guilty of the charge 
 preferred against him, and the Court do, therefore, sentencfe 
 him, the said Pierce Butler, Esq. Paymaster of thfe 2d Battalion 
 of the 52d (or Oxfordshire) Regiment of Foot, to be dismissed 
 from His Majesty's service. 
 
J. B. Douellj/. 735 
 
 In consideration of its having appeared to the Court, in the 
 course of this investigation, that the prisoner has been suspended 
 from his functions as Paymaster, for above two years, that his 
 books were lost on active service, that he has received most res- 
 pectable testimonials from many distinguished Officers, that he 
 has hitherto spent a life devoted to his King and country in a 
 meritorious discharge of his duties, and that he has been fre- 
 quently and severely wounded, the Court most humbly beg leave 
 to submit his case for Royal mercy. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court ; and the Com- 
 mander in Chief directs, that the foregoing charge, preferred 
 against Paymaster Pierce Butler, of the 2d Battalion of the 
 52d Regiment, together with the finding and Sentence of the 
 Court, shall be entered in the general order book, and read at 
 the head of every Regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT JAMES B. DONELLY.— 1816. 
 
 Horse Guards, 12 j4vg. 1816. 
 At a General Court Martial, held at Fort Royal, Martinique, 
 on the 18th November, 1815, and continued by adjournments 
 to the 22d of the same month. Lieutenant James Brown Do- 
 nelly, of the 60th Regiment, was arraigned upon the undermen- 
 tioned- charges, viz. 
 
 1st. ' For unofficer and ungentlemanlike conduct, in havhig knowingly 
 embezzled and misapplied the sum of ^5 1 : 8*. 7d. sterling, or thereabouts, 
 being subsistence drawn by him in advance, on account of the first 
 (vacant) company of the 3d Battalion of the 60th Regiment, from the 
 25th August to the 24th September, 1815, inclusive, this during the pe- 
 riod of his command of the detachment at Grenada, in manifest contra- 
 diction to the Rules and Articles of AVar. 
 
 2d. ' For unofficer and ungentlemanlike conduct, in having willingly 
 misapplied and embezzled the further sum ,of .£17 : 8*. Id. sterling, or 
 thereabouts, being the amount of the income-tax deducted by him. 
 Lieutenant Donelly, from the Officers of the detachment of the 3d Bat- 
 
736 J. Lawton. 
 
 talion of the 60th Regiment at Grenada, under his conunand, contrary 
 to the Rules and Articles of War.' 
 
 Upon which charges the Court came to the foIlowiBg deci- 
 sion : 
 
 The Court, having maturely weighed and considered the evi- 
 dence produced against the prisoner, Lieutenant James Brown 
 Donelly, of the 60th Regiment, as well as what he has alleged in 
 his defence, is of opinion as follows : 
 
 As to the 1st charge, the Court is of opinion that he is Guilty 
 thereof. 
 
 As to the 2d charge, the Court is of opinion that he is Guilty 
 thereof. 
 
 The Court having thus found the prisoner. Lieutenant James 
 Brown Donnelly, of the 60th Regiment, Guilty of the charges 
 brought against him, which being in breach of the Articles of 
 War, do sentence and adjudge him, by virtue thereof, to be 
 dismissed His Majesty's service, and further, that he do make 
 good to Government the deficiencies of public money, amounting 
 to £51 : 8s. 7d. sterling, or thereabouts, as specified in the first 
 charge, and to <£l7 : 8s. Id. sterling, or thereabouts, as specified 
 in the 2d charge. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and 
 confirm the finding and Sentence of the Court ; and the Com- 
 mander in Chief directs, that the foregoing charges, preferred 
 against Lieutenant James Donelly, of the 60th Regiment, 
 together with the finding and Sentence of the Court, shall be 
 entered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 PAYMASTER JOHN LAWTON.— 1816. 
 
 Horse Guards, 14 Avg. 1816. 
 At a General Court Martial, held at St. Ann's Barracks, 
 Barbadoes, on the 26th December, 181a, and continued by ad- 
 journments to the 3d of January, 18 16, Paymaster John Law- 
 
J. Lazi'ton. 737 
 
 Ion, of the Bourbon Regiment, was airaigned upon the un- 
 dermentioned charges, viz. 
 
 1st. ' For having embezzled, and fraudulently misapplied, a bill for 
 £1500, sterling, with which he was entrusted by the Colonial Govern- 
 ment of the Mauritius for the payment of the Officers and men of His 
 Majesty's Bourbon Regiment. 
 
 2d. ' For having embezzled, or fraudulently misapplied, a bill of 
 ^300, sterling, which was paid to him by Lieutenant Colonel Edwards, 
 in balance of his account, and which bill ought to have been applied to 
 the payment of the Officers and men of the Boiu-bon Regiment to whom 
 he was indebted. 
 
 3d. ' For having embezzled, or fraudulently misapplied, the sum of 
 £279 : 8*. 3d. with which he was entrasted by the Paymasters of the 
 12th and 87th Regiments to pay the invalids of those corps placed under 
 his charge on embarking at Port Louis. 
 
 4th. ' For conduct unbecoming the character of an Officer and a 
 Gentleman, in asserting a falsehood to Lieutenant Colonel Edwards, his 
 Commanding Officer, and other Officers of the Regiment, by declaring 
 that be had paid all the Officers of the Bourbon Regiment, embarked on 
 board the Hydra transport, the whole of their pay and allowances, when 
 at the same time he was indebted to Captain Hill of that Regiment, who 
 was on board the Hydra, upwards of one thousand dollars on account of 
 pay and allowances. 
 
 5th. ' For disobedience of orders in refusing to give up to Captain 
 Munro, president of the Committee of Paymastership, the book con- 
 taining the accounts of the Officers, and which book he was officially re- 
 quired to give up by the acting Adjutant, Lieutenant Quin.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence produced against the prisoner, Paymaster John Lawton, 
 of the Bouibon Regiment, together with what he hath proved 
 and alleged in his defence, and having also carefully examined 
 and investigated the several accounts and documents, produced 
 on each side, is of opinion as follows : 
 
 As to the 1st and 2d charges, although no satisfactory 
 evidence has been offered to the Court to shew the particular 
 manner in which the prisoner, Paymaster John Lawton, has 
 applied the two bills of c£l500 and £300 mentioned in these 
 two charges, so as to enable the Court to determine on their pre- 
 cise and specific appropriation, yet it has been clearly proved 
 that these two bills of ,£1500 and c£300, together with other 
 bills, were received by the prisoner to be applied in payment of 
 the Officeis and men of the Bourbon Regiment, and that after 
 
 5b 
 
73.8 /. Lawton. 
 
 making every fair aud just allowance, there is a balance of 
 ■£l5S3: 5s. lOfd. sterling, unaccounted for by the prisoner, and 
 now due from him to the Officers and men of that regiment for 
 pay and allowances : and on a full consideration of all the cir- 
 cumstances which have appeared in evidence, on these two 
 charges, the Court is of opinion that the prisoner has fraudu- 
 lently misapplied that sum of ^1533 : 5s. 10|(i. and doth find 
 him Guilty accordingly. 
 
 With respect to the 3d charge, the Court is of opinion that the 
 prisoner has ' fraudulently misapplied the sum oi £279 '■ 18s. 3d. 
 sterling, with which he was entrusted by the paymasters of the 
 12th and 87th Regiments to pay the invalids of those corps 
 placed under his charge on embarking at Port Louis.' 
 
 With respect to the 4th charge, the Court is of opinion that 
 the same has not been proved, and acquits the prisoner thereof. 
 
 With respect to the 5th charge, inasmuch as the prosecutor 
 has declined to give any evidence upon this charge, the prisoner 
 stands acquitted thereof. 
 
 The Court, having thus found the prisoner. Paymaster John 
 Lawton, Guilty on the 1st, 2d, and 3d charges, in breach of the 
 Mutiny Act and Articles of War; doth sentence and adjudge, that 
 he be dismissed His Majesty's service ; that he be incapable of 
 hereafter serving His Majesty in any office, civil or military, and 
 that he do also make good arid pay the two sums of ^1583 : 5s. 
 lOgd. and ,£'279 : 18s. 3d. sterling,, making together the sum of 
 <£l863 : 4s. 1 Jd. sterling, so fraudulently misapplied by him. 
 
 Inasmuch as the prisoner has charged the sum of £i57 : 17s. 
 lOld. as a credit against the Bourbon Regiment for the loss on 
 the bill of c£lOOO, which he negociated at the Cape of Good 
 Hope, and which the Court has not included in the above sum of 
 <£l863 : 4s. lid. as having been fraudulently misapplied by him, 
 yet the Court conceives that the prisoner has no right to charge 
 that sum as against the regiment, and that he ought not to be 
 allowed it ?ts against the regiment, and, therefore, now charges 
 him with the said sum of ,£157 : 17s. XO^d. in addition to the said 
 sum of <£l8b"3 :4s. l^rf. ; but the Court, at the same time, re- 
 commends and submits, that the prisoner, in his general account 
 with Government, be reimbursed the said suinoi£\57 : 17*. iOld. 
 
C. West. 739 
 
 inasmuch as the bill, on which the loss happened, was sold by him 
 under public advertisements and on public tenders opened in the 
 presence of the Commander of the Forces at the Cape. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Paymaster John Lawton, of the Bourbon Regiment, together 
 with the finding and Sentence of the Court, shall be entered in 
 the general order book, and read at the head of every regiment in 
 His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT CHARLES WEST.— 1816. 
 
 Horse Guards, 15 Aug. 1S16. 
 
 At a General Court Martial, held at Gibraltar, on the 28th 
 January, 181 6, and continued by adjournments to the 4th March 
 ifoUowing, Lieutenant Charles West, of the 2d Battalion 11th 
 Regiment of Foot, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For having been the carrier of a challenge, in order to a duel, 
 from Captain Arnaud, of the 11th Regiment, to Lieutenant Harpour, of 
 the 67th Regiment, on, or about, the 19th day of January, 1816. 
 
 2d. ' For having been the carrier of a challenge, in order to a duel, 
 from Captain Arnaud, of the 11th Regiment, to Captain M'Dougall of 
 the same, on, or about, the 15th day of Januaiy, 1816. 
 
 3d. ' For behaving in a scandalous, infamous manner, such as is unbe- 
 coming the character of an Officer and a Gentleman, by having, in his 
 evidence given on oath before the General Court Martial lately held on 
 Captain Ai-naud, of the 11th Regiment, grossly and falsely misstated 
 and misrepresented his own conduct, as comiected with one of the charges 
 against Captain Ainaud, for having sent a challenge to Captain M'Dou- 
 gall, more pai-ticulai'ly by having falsely represented himself as having 
 wished to bring about a reconciliation between the parties ; and by de- 
 nying his having delivered any message relative to a challenge, when he 
 had himself previously stated, out of Court, that be had done so.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered tlie 
 charges, and the evidence produced, as well on the part of the 
 prosecution, as by the prisoner in his defence, is of opinion : 
 
 3 B 2 
 
740 W. Robertson. 
 
 As to the 1st .charge, that the prisoner, Lieutenant West, of 
 the 1 1th Regiment, is Guilty. 
 
 As to the 2d charge, that the prisoner. Lieutenant West, is 
 Guilty of so much of that charge, as states, ' that he was the car- 
 rier of a challenge, in order to a duel, to Captain M'Dougall ;' 
 but the Court is of opinion, that he was not authorized so to do 
 fey Captain A maud. 
 
 As to the 3d charge, that the prisoner. Lieutenant West is 
 Guilty. 
 
 The Court, having thus found the prisoner Guilty of the whole 
 of the 1st and 3d charges, and of so much of the 2d charge as is 
 above stated, the sentence of the Court is, that the prisoner. 
 Lieutenant West, be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Lieutenant Charles West, of thellth Regiment of Foot, together 
 with the finding and Sentence of the Court, shall be entered in 
 the general order book, and read at the head of every regiment 
 in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT WILLIAM ROBERTSON.— 1815. 
 
 Horse Guards, 16 Aug. 1816. 
 
 At a General Court Martial, held at New Providence, Baha- 
 mas, on the 29th February, 1816, and continued by adjournment 
 to the 2d of March following. Lieutenant William Robertson, of 
 the 5th West India Regiment, was arraigned upon the undermen- 
 tioned charge, viz. 
 
 ' For infamous and scandalous conduct, highly disgraceM to the cha- 
 racter of an Officer and a Gentleman, in the following instance : for en- 
 tering the quarters of Ensign WiUiam Godfrey, of the 5th West India 
 Regiment, on the 24th February, 1816, and stealing therefrom one 
 doubloon and one dollar, the property of the said Ensign William God- 
 frey.' 
 
 Upon which charge the Court came to the following decision : 
 
G. Day. 741 
 
 The Court, having maturely and deliberately considered the 
 evidence in support of the prosecution, as well as what the pri- 
 soner. Lieutenant William Robertson, of the Sth West India Re- 
 giment, has offered in his defence, is of opinion that theprisoner. 
 Lieutenant William Robertson, is Guilty of the crime alleged 
 against him, being in breach of the Articles of War, and do, 
 therefore, adjudge and sentence the said Lieutenant William 
 Robertson, of the 5th West India Regiment, to be cashiered. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court ; and the Commander 
 in Chief directs, that the foregoing charge, preferred against Lieu- 
 tenant William Robertson, of the 5th West India Regiment, 
 together with the finding and Sentence of the Court, shall be 
 entered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 QUARTER-MASTER GEORGE DAY.— 1816. 
 
 Horse Guards, so Sept. ISIG. 
 
 At a General Court Martial, hold at Chatham, on the 12th of 
 June, 1816, and continued by adjournments to the 29th of the 
 same month, Quarter Master George Day, acting Paymaster of 
 the First (or Royal Scots) Regiment of Foot, on the death of 
 Lieutenant and Adjutant James Cluffe, of the same regiment, was 
 arraigned upon the undermentioned charges, viz. 
 
 1 St. ' For malversation in his office as acting Paymaster, between tbe 
 25tli July, 1813, and the 24th of October in the same year, that is to 
 say, in charging against the estate of the late Lieutenant and Adjutant 
 James Clnffe, the sum of £27 : 6s. as a balance due and paid by him. 
 Quarter Master George Day, out of the same estate on the abstract of 
 No. 5 Company, whereas, in fact, no such sum was due or paid by him 
 to the Commanding Officer of No. 5 Company. 
 
 2d. ' In charging the sum of £12: lis. against the same estate, as 
 a balance due and paid by him out of the same estate on the abstract of 
 No. 7 Company, whereas, in fact, no such sum was due or'paid by him 
 to the Commanding Officer of No. 7 Company. 
 
 3d. ' In charging the sum of £23 : 2s. against the same estate, as a 
 balance due and paid by him out of the same estate on the abstract of 
 
■742 G.Day. 
 
 No. 9 Company, whereas, hi fact, no such sum was due or paid by him 
 to the Commanding Officer of No. 9 Company. 
 
 4th, ' In charging the sum of £26 -.bs. against the same estate, as a 
 balance due and paid by him out of the same estate on the abstract of 
 ,No. 10 Company, whereas, in fact, no such sum was due or paid by him 
 to the Commanding Officer of No. 10 Company. 
 
 5th. ' In misapplying the sum of £Z\b, part of the estate of Lieu- 
 tenant and Adjutant James Cluffe, being the amount received by him. 
 Quarter Master George Day, from Lieutenant Balfour, after the death of 
 Lieutenant and Adjutant James Cluife, as the produce of bills remitted 
 by Lieutenant and Adjutant James Cluffe, in his lifetime, to Lieutenant 
 Balfour, at Lisbon, for the purpose of purchasing biUs in London, and 
 which said sum, he. Quarter Master George Day, received, on, or about, 
 the month of July, or August, 1813. 
 
 6th. ' In withholding from the credit of Lieutenant and Adjutant 
 James Cluffe, the sum of £166 : 9*. Zd., being the amount of regimental 
 hospital stoppages from the 25th January, to the 24th February, ISlS, 
 and also the sum of £157 : 15s. id., from the 25th Februaiy, to the 
 25th March, 1813 ; the same several sums having been received by him, 
 out of the pay of the several companies of the regiment for the said se- 
 veral months. Lieutenant and Adjutant James Cluffe having, in his life- 
 time, advanced to the same amount to Surgeon GaUiers, for the use of 
 the several companies of the said regiment.' 
 
 Upon which charges the Court canme to the following decision : 
 The Court, having most maturely deliberated upon, and most 
 attfentively vveighed and considered the whole of the evidence and 
 matter adduced in support of the prosecution, together with what 
 the prisoner. Quarter Master George Day, offered in his defence, 
 are of opinion that he is Guilty of all and eveiy part of the several 
 charges preferred against him, and the Court do, therefore, ad- 
 judge, that the said Quarter Master George Day, of His Majesty's 
 First (or Royal Scots) Regiment of Foot, be cashiered; and the 
 Court do further adjudge, that the said Quarter Master George 
 Day, shall make good the several sums specified in the charges 
 which have been preferred against him, amounting altogether to 
 the sum of =£728 : 9s. Qd. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court; and the Commander 
 in Chief directs, that the foregoing charges, preferred against 
 Quarter Master George Day, of the First (or Royal Scots) Regi- 
 ment of Foot, together with the finding and Sentence of the 
 
W. L. Wrey. 743 
 
 Court, shall be entered in the general order book, and read at the 
 head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT W. L. WREY.— 1816. 
 
 Hmrse Guards, 14 Nov. 1816. 
 
 At a General Court Martial, held at Montreal, in Upper Ca- 
 nada, on the 22d July, 1816, and continued by adjournments to 
 the 3d August following. Lieutenant W. L. Wrey, of the IQth 
 Light Dragoons, was arraigned upon the undermentioned charge, 
 viz. — 
 
 ' For conduct unbecoming the character of an Officer and a Gentle- 
 man, in having, on the evening of the 29th October, in the presence of 
 several Officers, made use of opprobrious and unfounded assertions re- 
 garding Assistant Surgeon Pardy, tending to lower him in the opinion of 
 his brother Officers, and also for repeating the same, on, or about, the 
 2d November, in presence of several other of the Officers of the regiment 
 in the mess-room, and for refusing to prove those assertions when called 
 upon by the said Officers to do so.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having considered the evidence which has been 
 adduced on the part of the prosecution and defence, are of opi- 
 nion that the prisoner is Guilty of the crime laid to his chaige, 
 which being in breach of the Articles of War, do adjudge him to 
 be removed from His Majesty's service. 
 
 In consequence, however, of the peculiarity of the circunl- 
 stances, the Court are induced to recommend him to the conside- 
 ration of His Royal Highness the Prince Regent. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court; but under all the cir- 
 cumstances of the case as they appear on the face of the proceed- 
 ings. His Royal Highness has been further pleased to^ extend his 
 gracious cleimency to the prisoner, and to command, that the sen- 
 tence of ' removal' shall be remitted, and that Lieutenant Wrey 
 shall be placed on the half-pay, after receivmg a due reprimand 
 and admonitioti. 
 
?44 J. Stftnhtpe. 
 
 The CoiiimEmder in Chief directs, that the foregoing ehargeSy 
 preferred against the prisoner, Lieutenant W. L. Wrey, of the 
 1 9th Light Dragoons, ■ together with the finding and Sentence of 
 the Court, and the Prince Regent's pleasure thereon, shall be 
 entered in the general order book, and read at the head of every 
 fegitnent in His Majesty's service. 
 
 By command of H. R^ H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. Bi Lieutenant Wrey is now upon Half-pay»— ^rfjVon 
 
 LIEUT. THE HON. AUG. STANHOPE.-^18l6. 
 
 Horse Guards, 18 Nao. 1816. 
 
 At a General Court Martial, held at Cambray, in France, on. 
 the 23d September, 1816, and continued by adjournments to the 
 26th of the same month. Lieutenant the Honourable Augustus 
 Stanhope, of the 12th Regiment of Light Dragoons, was arraigned 
 upon the undermentioned charge, viz. 
 
 ' For behaving in a scandalous, infamous manner^ such as is unbecom- 
 ing the character of an Officer and a Gentleman, in conspiring, with a 
 certain other person, to draw in, and seduce Lord Beauchamp, to galme 
 and play with them, for the purposes of gain and advantage ; and that, 
 m pursuance of such conspiracy, he. Lieutenant Stanhope, having en- 
 gaged Lord Beauchamp to come to his quarters in Paris, on Suhday, the 
 17th day of March, 1816, upon an invitation to dine vrith him, did, in 
 company and in concert with such other person, draw in, seduce, and 
 prevail upon Lord Beauchamp to play with them at a certain game of 
 chance, with cards, for veiy high stakes, whefeby, on an account kept by 
 them. Lieutenant Stanhope, and the said other person, or one of them, 
 of the losses and gains in the course of the play, he. Lieutenant Stanhope, 
 claimed to have won of Lord Beauchamp, the sum of ^8000 and up- 
 wards, and the said other .perspn claimed to have Won of Lord Beau- 
 champ, the further sum of =€7000 and lipWardsi 
 
 ' That in further pursuance of the said concert and conspiracy, he, 
 Lord Beauchamp, at the same time and place, was required, by Lieu- 
 tenant Stanhope, to write and sign two several promissory notes or en- 
 gagements to pay, at the expiration of three years, the said several sums 
 of money so claimed to have been won of him. Lord Beauchamp, by 
 Lieutenant Stanhope, and the said other pei'son respectively. 
 ^ ' That he. Lord Beauchamp, was, at that time, about sixteen years of 
 age, ignorant of, and unused to play, and affected by the wine he had 
 been prevailed Upon to take by the said parties.' 
 
 Upon which charge the Court came to the following decision : 
 
T. Moore. 745 
 
 The Court, having maturely and deliberately considered the 
 charge exhibited against Lieutenant the Honourable Augustus 
 Stanhope, of the 12th Regiment of Light Dragoons, together 
 with the evidence produced on either side, do find him Guilty on 
 the said charge, and do sentence him, Lieutenant Stanhope, to be 
 discharged His Majesty's service accordingly. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court, and the Commander 
 in Chief directs, that the foregoing charge, preferred against Lieu- 
 tenant the Honourable Augustus Stanhope, of the I'ith Light 
 Dragoons, together with the finding and Sentence of the Court, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 SURGEON THOMAS MOORE.— 1815. 
 
 Horse Guards, 2 Dec. 1816. 
 
 At a General Court Martial, held at Gibraltar, on the 3d July, 
 1816, and continued by adjournments to the 13th of the same 
 month, Surgeon Thomas Moore, M. D. of the 1 1th Regiment of 
 Foot, was tried upon the following charges, viz. 
 
 1st. ' For disobedience of a regimental order, bearing date the 11th 
 June, 1816, and for preventing the Assistant Surgeons of the regiment 
 complying with the same, by dii-ecting them to refer to him whenever 
 they were required to comply with it, thereby taking upon himself the 
 sole responsibility of disobeying that order, and preventing its being 
 carried into effect by them, and for virtually setting the order of his 
 Commanding OflScer at defiance, in an official correspondence which took 
 place in consequence, and persisting in his. disobedience, to the prejudice 
 of the service, good order and militaiy discipline, and contraiy to the 
 Articles of War. 
 
 2d. ' For disobedience of orders in not sending in the daily sick re- 
 port of men of the 1 1 th Regiment, in Hospital, before ten o'clock on the 
 morning of the 25 th June, 1816, and when called by letter to assign a 
 cause for such disobedience, having caused an evasive letter to be written 
 by assistant Surgeon Dix, stating that the report was withheld in conse- 
 quence of the orderly corporal, who had been in the habit of can-ying it 
 to the orderly room, having been removed, though, at the same time, he 
 transmitted a letter to his Commanduig Officer early enough to be laid 
 
746 1\ Moore. 
 
 before him on that morning, With the daily reports of the regiment, and 
 by which CQjivfcyanQe the daily sick report might have been forwarded,, 
 such evasion being unbecoming the conduct of an Oificer; the mode of 
 conveying the evasive reply a violation of the respect due to command, 
 highly insuboi'dinate and prejudicial to the service, and contrary to the 
 Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely Weighed aiid considered all the 
 circumstances of the case^ as well on the part of the prosecution 
 as on that of the prisoner, is of opinion, as to the 1st charge, that 
 the prisoner. Surgeon Thomas Moore, M. D. is Guilty ; as to 
 the 2d chaf'ge, that the prisoner, Surgeon Thomas Moore, M. D. 
 is Guilty of So much thereof as states ' for disobedience of orders, 
 in not sending in the daily report of men of the 1 1th Regiment, 
 in Hospital, before ten o'clock on the morning of the 25th June, 
 1816; and further, that the mode of conveying the ■ reply to his 
 Commanding Officer was a violation of the respect due to com- 
 mand, and prejudicial to the service ;' but with regard to the re- 
 mainder of this charge as stated, the Court is of opinion that the 
 prisoner. Surgeon Thomas Moore, M. D. is Not Guilty. 
 
 The Court, haviog thus found the prisoner Guilty of the whole 
 <if the 1st charge, and of so much of the 2d charge as above 
 stated, the sentence of the Court is, and the Court does 
 hereby adjudge, that the prisoner. Surgeon Thomas Moore, 
 M. D. of the 11th Regiment of Foot, shall lose two years of his 
 rank in the army, and shall further be most severely and publicly 
 reprimanded for his conduct, in such manner as to His Excel- 
 lency the Lieutenant Governor of Gibraltar shall seem fit. 
 
 Which sentence appears to have been approved by General 
 t)oD, Commanding at Gibraltar. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, preferred against Surgeon Thomas Moore, 
 M. D. of the 1 1th Regiment of Foot, together with the finding 
 and Sentence of the Court, shall be entered in the general order 
 book, and read at the head of every regiment in His Majesty's 
 service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
//. T. Heath. 747 
 
 G. O. Hwse Guards, 24 Jan, 1817. 
 
 The Prince Regent, in the name and on the behalf of His 
 Majesty, has been graciously pleased to direct, that such part of 
 the sentence awarded Surgeon Thomas Moore, M. D. of the 
 11th Regiment of Foot, by a General Court Martial, held at 
 Gibraltar, on the 3d July, 1816, as adjudged him to Mose two 
 years of his rank in the army,' shall be remitted, in consequence 
 of the recommendation of His Royal Highness the Commatider 
 in Chief, founded on a special representation which has been re- 
 ceived from the General Officer Commanding at Gibraltar, of the 
 contrition and subsequent good conduct evinced by Dr. Moore, 
 and on the testimony of the Director General of the i\rmy Me- 
 dical Department, as to Dr. Moore's creditable professional 
 services. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Dr. Moore is still Surgeon to the 11th l^oot— Editor. 
 
 LIEUTENANT HARRY T. HEATH.— 1 8 16. 
 
 Horse Guards, 4 Dec, 1816. 
 
 At a General Court Martial, held at Halifax, Nova Scotia, on 
 the 29th August, 1816, and continued by adjournments to the 
 S 1st of the same month, Lieutenant Harry Thomas Heath, of the 
 7th Battalion, of the 60th Regiment, was arraigned upon the un- 
 dermentioned charge, viz. 
 
 ' For having deserted from the head quarters of the regiment, at Ha- 
 lifax, Nova Scotia, on, or about, the 24th day of April, 1816, and not 
 returning until brought back, a prisoner, on board His Majesty's brig 
 Espoir, Captain Duff, on, or about, the 17th of August, 1816.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, on the most mature consideration of the evidence 
 which has been adduced in prosecution, together with what the 
 prisoner has urged in his defence, is of opinion that Lieutenant 
 Harry Thomas Heath, 7th Battalion, 60th Regiment, is Guilty 
 of the charge exhibited against him ; and the Court doth, there- 
 fore, sentence him, the said Harry Thomas Heath, a Lieutenant 
 iu the 7th Battalion, 60th Regiment, to be cashiered, and ren- 
 
748 T. P 
 
 nor. 
 
 dered itiCEtpable of ever serving His Majesty again in any ca- 
 pacity. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve the find- 
 ing, and confirm so much only of the sentence, as adjudges the 
 prisoner to be cashiered ; the Court hot being authorized to ad- 
 judge the remaining part of the sentence, for the crime of which 
 he. Lieutenant Heath, has been convicted. 
 
 The Commander in Chief directs, that the foregoing charge, 
 preferred against Lieutenant Harry Thomas Heath, of the 7tl. 
 Battalion 60th Regiment, together with the finding and Sentence 
 of the Court, and the Prince Regent's pleasure thereon, shall be 
 entered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT THOMAS PRIOR.— 18J6. 
 
 Horse Guards, 9 Dec. 1816. 
 
 At a General Court Martial, held at Somer, in France, on the 
 
 23d September, 1816, and subsequent days, Lieutenant Thomas 
 
 Prior, of the 18th Hussars, was tried on the following charges, viz. 
 
 1st. 'For unofficerlike and disorderly conduct, at the tteatre, at Bou- 
 logne, on the evening of the 11th day of July, 1816, in wantonly, insult- 
 ing Julien D'Agremont, one of the actors at the theatre, and thereby 
 causing a disturbance and an affray therein, to the interruption of the 
 performance, and terror of the audience, Boulogne being at that time a 
 French garrison town, and such conduct being to the prejudice of good 
 order and miUtary discipline. 
 
 2d. 5 For unofficerlike and disorderly conduct, in using violence, and 
 fighting with one Julien D'Agremont, an actor at the theatre, at Bou- 
 logne, at the time above mentioned.' 
 
 Upon which charges the Court came to the following decision, 
 after a revision, by order of the Duke of Wellington, viz. 
 
 The Court, haying maturely re-considered the evidence ad 
 duced on the prosecution, against the prisoner. Lieutenant Tho- 
 mas Prior, of the 18th Hussars, together with what he has brought 
 forward in his defence, and the evidence thereon, are of opinion, 
 that the prisoner, Lieutenant Thomas Prior, of the 18th Hussars, 
 
R. Robertson. 749 
 
 is Guilty of so much of the 1st charge, as follows, viz. « For un- 
 officerlike and disorderly coqduct, at the theatre, at Boulogne, 
 on the evening of the 1 1th day of July, 1816, in insulting Juliea 
 D'Agremont, one of the actors at the theatre, and thereby 
 causing a disturbance and an aflfray therein, to the interruption of 
 the performance, and the terror of the audience, Boulogne being 
 at that time a French garrison town, and such conduct being 
 to the prejudice of good order and military discipline.' The 
 Court are further of opinion, that the prisoner. Lieutenant Tho- 
 mas Prior, of the 18th Hussars, is Guilty of the 2d charge pre- 
 ferred against him. — The Court, having therefore found the pri- 
 soner. Lieutenant Thomas Prior, of the 1 8th Hussars, Guilty, as 
 above stated, being in breach of the Articles of War, do, by 
 virtue thereof, adjudge him to lose six months of his rank in the 
 army, and in the said 18th Hussars, by being placed lower in the 
 list of Lieuteriants in the army, and in the said 18th Hussars, so 
 that his future rank in the army may bear date from the 22d of 
 February, 1806, instead of the 22d of August, 1805, the date of 
 his present commission therein, and from the (5th day of July, 
 1814, instead of the 6th day of January, 1814, the date of his pre- 
 sent commission in the said 18th Hussars. 
 
 Which sentence appears to have been confirmed by Field 
 Marshal the Duke of Wellington, Commander of the Forces, in 
 France. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, preferred against the prisoner. Lieutenant 
 Thomas Prior, of the 18th Hussars, together with the iindmg and 
 Sentence of the Court, shall be entered in the general order book, 
 and read at the head of every regiment in His Majesty's service. 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Prior is now upon the Half-pay of the Regi- 
 ment. — Editor. 
 
 LIEUTENANT ROBERT ROBERTSON.— 18I6. 
 
 Horse Guards, 11 Dec. 1816. 
 At a General Court Martial, held at Whitehall, on the 26th 
 
t50 R. Robertson. 
 
 October, 1816, and continued by adjournments to the 30th ojf 
 the same month. Lieutenant Robert Robertson, of the 9th Regi- 
 ment of Light Dragoons, was arraigned upon the undermen- 
 tioned charges, viz. 
 
 1st. ' For irregular and unofficerlike conduct, on, or about, Saturday, 
 the 27tli July, 1816, in having, on the plea of illness, absented himself 
 from his duty in the field, when the 9th Light Dragoons were reviewed, 
 by His Royal Highness the Duke of York, on Hounslow Heath, and 
 having (notwithstanding such plea) made his appeai'ance upon the ground, 
 during the time of the review, to the prejudice of good order and mili- 
 tary discipline. 
 
 2d. ' For insubordinate and unofficerlike conduct, on, or about, Tues- 
 day, the 30th July, 1816, at Hampton Court, in refusing, on the plea of 
 illness, to comply with, the orders of Lieutenant Colonel Morland, his 
 Comm&iiding Officer, requiring him. Lieutenant Robertson, to repair to 
 the head quarters, at Hounslow barracks, and for persisting in such re- 
 fusal, until examined by the two Assistant Surgeons of the regiment, who 
 reported him perfectly fit t6 go there. 
 
 3d. ' For conduct highly unbecoming the character of an Officer and 
 a Gentleman, on, or about, Tuesday, the 30th July, 1816, at Hounslow 
 barracks, in uttering to Lieutenant Colonel Morland, his Commanding 
 Officer, a direct falsehood, by asserting that he. Lieutenant Robertson, 
 had lost the whole of his di'ess appointments, declaiing the appointments 
 were lost, in consequence of the negligence of his bdt man, although he. 
 Lieutenant Robertson, had actually disposed of them.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence against the prisoner, Lieutenant Robertson, of the 9th Re- 
 giment of Light Dragoons, together with that which he has 
 brought forward, and what has been offered in defence, are of 
 opinion, with respect to the 1st charge, that he is Guilty, ' of ir- 
 regular conduct, in having made his appearance upon the ground, 
 during the time of the review, on the 27th July, 18 1(5, to the pre- 
 judice of good order and military discipline,' but acquit him of 
 the other part of the charge. 
 
 With respect to the 2d charge, the Court fully acquit him. 
 
 With respect to the 3d charge, the Court are of opinion that 
 he is Guilty. 
 
 The Court having found the prisoner Guilty of part of the 1st 
 charge, and the whole of the 3d charge, do adjudge that he be 
 cashiered. ' 
 
 The Court, having found it their painful and unavoidable duty 
 
F. Wood. 1i\ 
 
 to pass the above sentence, beg leave, in the strongest manner, 
 under the various circumstances which have appeared before 
 them, and from Lieutenant Robertson's long services, humbly to 
 recommend him to the most favourable and merciful considera- 
 tion of His Royal Highness the Prince Regent. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; but in consideration 
 of the strong manner in which the Court have recommended the 
 prisoner to mercy, the Prince Regent has been further pleased 
 to extend to him. Lieutenant Robertson, his gracious clemency, 
 and to command, that he shall be restored to his rank, and placed 
 upon Half-pay. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Lieutenant Robert Robertson, of the Qth Regi- 
 ment of Light Dragoons, together with the finding and Sentence 
 of the Court, and the Prince Regent's pleasure thereon, shall be 
 entered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Robertson is still upon the Half-pay of the 
 Regiment. — Editor. 
 
 LIEUTENANT FREDERICK WOOD— 1817. 
 
 G. O. Head Quarters, Paris, 27 Feb. 1817. 
 
 At a General Court Martial, held at Blendecques, on the 17th 
 day of September, 1816, by virtue of a warrant, and in pursu- 
 ance of an order from Field Marshal his Grace the Duke of 
 Wellington, K. G. and G. C. B. &c. Stc. &c. whereof Major 
 General Sir Dennis Pack, K. C. B. was president, Lieutenant 
 Frederick Wood, of the 11th Light Dragoons, was arraigned 
 upon the following charges : 
 
 1st. ' For uuofficerlike and disrespectful conduct towards Lieutenant 
 Colonel Sleigh, his Commanding Officer, in having, on the evening of 
 the 1st day of August, 1816, in the mess-room of the regiment, and in 
 the presence of other Officers, replied to Lieutenant Colonel Sleigh who 
 
752 F. Wood. 
 
 had said in conversation respecting a regimental order, " that he. Lieu- 
 tenant Colonel Sleigh, was his- Commanding Officer there, as well as 
 in the field,'' that " he. Lieutenant Colonel Sleigh, was not," to the pre- 
 judice of good order and inilitary discipline, at Wormhout in France. 
 
 2d, ' For unofficerlike and disorderly conduct and behaviour, at the 
 quarters -of Lieutenant Colonel Sleigh, his Commanding Officer, on the 
 2d day of August, 1816, in using reproachful and provoking speeches, 
 and gestures, to him. Lieutenant Colonel Sleigh, to the purport arid 
 effect following, and in reference to an order given by Lieutenant Colonel 
 Sleigh to Lieutenant Wood ; " what breach of duty have 1 been guilty 
 of. Sir, that I am to be superseded in my command ? I will go and 
 complain to the General :" and on being desired by Lieutenant Colonel 
 Sleigh to obey the order, and then to make his complaint, saying with 
 great violence, " you had better not drive me to extremities, or I vrill 
 blow your brains out : I am a Gentleman's son, and your conduct is 
 condemned by all the Officers : You have put up with insults from the 
 subalterns, and had better retreat : I will shoot you : You are a coward, 
 and I will not be trampled upon : We both cannot live in this world :" 
 and holding up his fist in a menacing attitude against Lieutenant Colo- 
 nel Sleigh, repeating with further violence, " you shall not live, by God ! 
 if you drive me to extremities, I will shoot you :" to the prejudice of 
 good order and military .discipline. 
 
 3d, ' For using reproachful and provoking language to Lieutenant 
 Colonel Sleigh, tending to upbraid him with having refiised a chaUepge, 
 and to excite him to fight a duel with him. Lieutenant Wood, to the 
 effect following : " Your conduct is condemned by all the Officers : You 
 have put up with insults from subalterns : And, by God ! you had better 
 retreat : I wiU shoot you : You are a coward :'' at the time and place last 
 mentioned.' 
 
 The proceedings having been referred to His Royal Highness 
 the Prince Regent, the following letter from the Commander in 
 Chief, containing the opinion and decision of the Court, and 
 the Prince Regent's approval and confirmation thereof, is pub- 
 lished for the information of the army. 
 
 Horse Guards, 6 Itb. 1817. 
 MY LORD DUKE, 
 
 In reference to my Letter of the 25th October last, re- 
 turning by comniand of the Prince Regent, the proceedings of , 
 the General Court Martial, held at Blendecques (France) on the 
 1 7th Sept. 1816, and subsequent days, for the trial of Lieute- 
 nant Frederick Wood, of the 11th Light Dragoons, for revision; 
 and having laid these proceedings again before His Royal High- 
 ness, together with the decision of the Court, after re-assera- 
 bling on the 9th November, as follows, viz. 
 
F. Wood. 753 
 
 LiUers, 9lh Nov. 1816. 
 
 The Court, with the exception of some members unavoidably 
 absent, re-assembled this day, in pursuance of the commands 
 of His Royal Highness the Prince Regent, as communicated by 
 His Royal Highness the Commander in Chief, (through His 
 Grace the Duke of Wellington) bearing date " Horse Guards, 
 25th October, 1 8 1 6," for the purpose expressed therein, of ' re- 
 vising their finding on the seperate charges, in order to clear up 
 the ambiguity at present upon it.' 
 
 And the commands of His Royal Highness the Prince Regent, 
 having been duly read and communicated, the Court thought fit 
 thereupon, immediately to proceed to a reconsideration of the 
 whole proceedings on the case before them, discussing the vari- 
 ous points at issue, with a reference to the instructions aflforded in 
 communication above alluded to, and continuing in close delibe- 
 ration until three o'clock, at which hour the Court coming to no 
 decision, (being under thirteen in number) adjouraed until such 
 future day, as should hereafter be named by the president. 
 
 Lilkrs,22d Km. 1816. 
 
 The Court, with the exception of some members still absent, 
 re-assembled this day, in pursuance of its adjournment of the 
 9th of November, (instant) and in obedience to division orders, 
 bearing date, ' Racquingham, IQth November, 1816.' 
 
 But the number of the members present, being under that pre- 
 scribed by the Mutiny Act, and Articles of War, the Court again 
 adjourned until such further day as should afterwards be named 
 by the president. 
 
 iiWer*, 2rf Dec. 1816. 
 
 The Court re-assembled this day, in pursuance of its adjourn- 
 ment of the 22d of November, ultimo, and in obedience to divi- 
 sion orders, dated ' Lillers, 30th November, 1816.' 
 
 The Court re-commenced its deliberations on the whole of the 
 subject matter at issue, on the charges against the prisoner. 
 Lieutenant Frederick Wood, and after a mature discussion of all 
 the points to be examined, with a due consideration to the in- 
 structions conveyed in the commands of His Royal Highness 
 the Prince Regent, have thereupon cancelled, and do hereby 
 cancel and rescind their former finding and sentence, declaring 
 
 3 c 
 
7H /• Oi Buckley. 
 
 the same to be void and of no eflFect, equally as if such finding 
 and sentence had never tieen recorded, and the Court doth now 
 pronounce the following decision, as their revised and final judg- 
 ment on the aforesaid several charges : 
 
 The Court, having deliberately and maturely weighed and con- 
 sidered the evidence adduced on the part of the prosecution 
 against the prisoner. Lieutenant Frederick Wood, of the Uth 
 Regiment of Light Dragoops, together with what he hath said 
 and offered in his defence, is of opinion that he is Guilty of the 
 several charges ejfhibited against him, to the prejudice of good 
 order and military discipline, and in breach of the Articles of 
 War ; whereupon the Court doth sentence and adjudge him, the 
 prisoner, Lieutenant Frederick Wood, of the Uth Regiment of 
 Light Dragoons, to be ca.shiered. 
 
 I am to acquaint your Grace, that His Royal Highness was 
 pleased, in the name and op the behalf of His Majesty, to ap- 
 prove and confirm the finding and Sentence of the Court. But 
 taking into consideration all the circumstances attending the evi- 
 dence, and particularly the previous good character of Lieutenant 
 Wood, His Royal Highness was pleased to command, that the 
 Sentence should be mitigated by his being placed on Half-pay. 
 I am, my Lord Duke, your's, 
 (Signed) FREDERICK, Commander in Chief. 
 field Mairshaf His Gra^e the Duke of Weltin§ton,,K. G. and G. C. R. 
 
 (Signed) E. BARNESj^A. G. 
 
 N. B. Lieutenant Wood is now upon the Half-pay of the regi- 
 ment. — Editor, 
 
 CAPTAIN JAMES OGDEN BUCKLEY.— 1817. 
 
 Horse Gmrds^ l& fei.,1817. 
 
 At a General Court Martial, held at BirminghaiBt, on thc; 9th 
 December, 1816, and continued, by adjournments to, the 12th 
 of the same mpnth. Captain James Ogden Buckley, of t}ie 15th 
 {or King's) Hussars, was arraigned upon the underroeniljooed 
 charge, viz. 
 
 ' For scandalous and infamous coijdupt, such as is unbecoming the 
 
J. 0. Bucldey. 75S 
 
 character of an Officer and a Gentleman, in outrag^dnsly making two 
 several attempts, forcibly to enter the apartment of Surgeon Cartan, of 
 the 15th Hussars, between the hours of 10 and 11, or thereabouts, on, 
 or about, the night of the 2d September last ; in accompaning his at- 
 tempts with threatening and opprobrious language, and in subsequently 
 entering the room, and declaring aloud that he, Mr. Cartan, was the 
 most egregious scoundrel and the damnedest rascal he had ever known, 
 or words to that effect.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having with great deliberation weighed aiid cop- 
 sidered all the circumstances that have appeared in evidence, arid 
 been proved against the prisoner, Captain Buckley, of the 15tn 
 Hussars, together with his defence, and the testimony in sup- 
 port of it, is of opinion that he, Captain James Ogden Buckley, 
 is Guilty of so much of the charge, as accuses him of using the 
 terms there set fortH, that ' Mr. Cartan was a most egregious 
 scoundrel,' but the Court does fully acquit him of * scandalous 
 and infamous conduct unbecoming the character of an Officer 
 and a Gentleman,' and of all arid every other part of the charge. 
 
 The Court, under all the circumstances of tte case, and feeling 
 that the prisoner has been betrayed into the before-stated intem- 
 perate expressions, without any premeditated intention of insult- 
 ing the prosecutor, doth therefore, for that part of the charge as- 
 aforesaid, of which he is found Guilty, being in breach of the 
 Articles of War, adjudge him, the said James Ogden Buckley, 
 Captain in the 15th (or King's) Hussars, to be reprimanded in 
 such manner as His Royal Highness the Prince Regent may 
 think fit to direct. 
 
 The Prince Regent has been pleased', in the name and on' the be- 
 half of His Majesty, to approve and confirm the sentence of repri- 
 mand, and to command that the same shall be carried into efiiect 
 at suth' time and place as the General Officer Commanding the' 
 troops in the inland district may think proper. 
 
 Under all the circumstances, however, of indecency which at- 
 tach to the disreputable cause of dispute between Captain Buck- 
 ley and Surgeon Cartan, the necessity of example and the piain- 
 tenance of good order and discipline, appeared to the Prince 
 Regent to require that a mark of his displeasure towards both 
 parties, should attend the reprimand adjudged by the Court 
 Martial against the prisoner, and that the most lenient mode of 
 
 3 c 2 
 
7o6 W. Luplon. 
 
 effecting this object, and at the same time of relieving the regi- 
 ment from the chance of having its harmony interrupted, would 
 be the retirement of both Captain Buckley and Surgeon Cartan, 
 on the Half-pay establishment ; and His Royal Highness has 
 been pleased to command that it should be intimated to those 
 Officers that the same will take effect on the 24th March next. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charge against Captain Buckley, of the 15th Hussars, 
 together with the finding and Sentence of the Court, and the 
 Prince Regent's pleasure thereon, shall be entered in the general 
 order book, and read at the head of every regiment in His Ma- 
 jesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Buckley is still upon the Half-pay of the regi- 
 ment. — Editor. 
 
 LIEUTENANT WILLIAM LUPTON.- J 8 17. 
 
 Horse Guards, 26 Feb. 1817. 
 At a General Court Martial, held at the Cape of Good Hope, 
 on the 23d July, 1816, and continued by adjournments to the 
 26th of the same month. Lieutenant William Lupton, of the 1st 
 Battalion 60th Regiment, was arraigned upon the undermen- 
 tioned charge, viz. 
 
 " For insubordinate and unofficerlike conduct, viz. 
 1st. ' In having, on the forenoon of the 13th of July, 1816, carried 
 a message or challenge, from Ensign William Slater, to Captain de 
 Reynaud, to fight a duel. 
 
 2d. ' InhavinggoneoutasasecondtosaidEnsignSlater, onthelSthof 
 
 July, 1816, with intent to promote and encourage the fighting of a duel 
 
 between said Ensign Slater and Captain de Renaud his superior Officer. 
 
 ' Such conduct being subversive of good order and military discipline, 
 
 and in violation of the Articles of War." 
 
 Upon which charge the Court came to the following decision: 
 The Court, having maturely weighed the evidence in support 
 of the prosecution against the prisoner, Lieutenant William Lup- 
 ton, of the I st Battalion 60th Regiment, and having also taken 
 into consideration such matters as he has urged in his defence, 
 is of opinion that he, the said Lieutenant William Lupton, is 
 Guilty of the 1st count of the charge. 
 
JV. Slater. 7.57 
 
 With regard to the 2d count of the charge, the Court is of 
 opinion that the same has not been proved, and doth, therefore, 
 acquit him thereof. 
 
 The Court having found the prisoner, Lieutenant William Lup- 
 ton, Guilty, as above recited, the same being in breach of the Arti- 
 cles of War, doth adjudge him, the said Lieutenant William Lup- 
 ton, of the 1st Battalion 60th Regiment, to be cashiered. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court; and the Commander in Chief directs, that 
 the foregoing charge, against Lieutenant William Lupton, of the 
 1st Battalion 60th Regiment, together with the finding and Sen- 
 tence of the Court, shall be entered in the general order book, and 
 read at the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Lupton was afterwards reinstated in his rank, 
 (vide General Order, dated 10th Jan. 1818, following the sub- 
 sequent Court Martial on Ensign Slater) and is now upon the 
 Half-pay of the regiment. — Editor. 
 
 ENSIGN WILLIAM SLATER.— 1817. 
 
 Horse Guards, 28 Feb. 1817. 
 
 At a General Court Martial, held at the Cape of Good Hope, 
 on the 26th of July, I8l6, and continued by adjournments to the 
 SOth of the same month, Ensign William Slater, of the 1st Bat- 
 talion, of the 60th Regiment, was arraigned upon the undermen-, 
 tioned charge, viz. 
 
 " For most unofficerlike and insubordinate conduct, viz. 
 
 1st. ' In having, on the forenoon of the 13th of July, 1816, sent a 
 message or challenge to Captain de Reynaud, his superior Officer and 
 Captain of his company, to fight a duel with him, under the pretence 
 that Captain de Reynaud had reported to Lieutenant Colonel Andrews, 
 the Commanding Officer, his, the said Ensign Slater's, improper con- 
 duct on a point of duty, which took place on the morning parade of the 
 preceding day, and in consequence of a regimental order issued on that 
 day, by Lieutenant Colonel Andrews, commanding the 1st Battalion of 
 the 60th Regiment. 
 
 2d. ' In having actually gbnc out on the said 13th July, 1816, with 
 
758 W. Staler. 
 
 intent to fight a duel with said Captain de Raynaud, his, superior Qfficer, 
 siich' conduct being totally suWersive of good' order and military disci- 
 pline, and contrary to the Articles of War." 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having duly and deliberately considered the evi- 
 dence given in support of the prosecution, as well as what has 
 been offered by the prisoner, Ensign William Slater, of the 1st 
 Battalion, 60th Regiment, in his defence, is of opinion that he is 
 Guilty of the 1st count of the charge. 
 
 The Court is further of opinion, that the said prisoner, En- 
 sign William Slater is Guilty of the 2d count of the charge. 
 
 The jCou^t, having found the prisoner guilty of both counts of 
 the charge exhibited against him, and they being in breach of the 
 Articles of War, doth adjudge him, the said Ensign William 
 Slater, of the 1st Battalion, 60th Regiment, to be cashiered. 
 
 His Royal Highness the Prince Regent, in the name and on 
 the behalf of His Majesty, has been pleased to approve and con- 
 firm the finding and Sentence of the Court ; and the Conrniandet 
 in Chief directs, that the foregoing charge, preferred against En- 
 sign William Slater, of the 1st Battalion, of the 60th Regiment, 
 together with the finding and Sentence of the Court, shall be en- 
 tered in the general order book, and read at the head of every 
 regiment in His S^ajesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 G. O. Horse Guards, 10 Jan. 1818. 
 
 His Royal Highness the Prince Reg,ent, in the name and on 
 the behalf of His Majesty, has been graciously pleased, at the re- 
 commendation of His Royal Highness the Commander in Chief, 
 to direct, that William Lupton, late a Lieutenant of the 1st Bat- 
 talion^ of the 60th Regiment, and of William Slater, late an En- 
 sign of the 1st Battalion, of the 60th Regiment, who were respecr 
 tively sentenced by General Courts Martiaj^ held at the Cape of 
 Good Hope, in the month of July, 18l6, t.o Ije ccfsfderedf shajl, 
 under gll the circumstances connected with their respective cases, 
 be re-instated in their former ranks, in the 60th Regiment, and 
 that they shall be placed upon the Half-pay. 
 
 By command of H. R. H. the Conimander, in Chief. 
 HARRY CALVERT, Adj. Gen, 
 
JV. E. Cochrane. 759 
 
 N. B. Ensign Slater is now upon Full-pay, and doing duty with 
 the Regiment. — Editor. 
 
 MAJOR THE HON. W. E. COCHRANE— 1817. 
 
 Morse Guards, '16 June, 1817. 
 At a General Court Martial, held at Birmingham, on the 12th 
 May, 1817, and continued by adjournments to the 20th of the 
 same mouth. Major the Honourable William Erskine Cochrane, 
 of the 15th (or King's) Regiment of Light Dragoons (Hussars) 
 was arraigned upou the undermentioned charges, viz. 
 
 1st. ' For highly irregular and improper conduct, in causing a horse 
 which had been cast, of his own troop, and sold 4s unfit for troop ser- 
 vice, to be mustered as one of his own proper chargers, and for drawing 
 forage for it, as such, the greater part of the time, between the 24th 
 April, 1814, and the 1st September, 1815, or thereabouts, contrary to 
 the orders of the regiment, and the rules and regulations of the service. 
 
 2d. ' For conduct unbecomhag the character of an Officer a«d a Gen- 
 tleman, in having received from Lieutenant John Carr,- of the same re- 
 giment, at Oucauraye, in France, on, or about, the latter end of January, 
 or the beginning of February, 1814, insulting language, such as no Offi- 
 cer in His Majesty's service ought to have borne, and of which he. Major 
 Cochrane, did not take due and sufficient notice, but by some means, 
 compromised the transaction after the return of the regiment to England ; 
 such conduct being not only derogatory to his own character, but to that 
 of the service, highly prejudicial to militai-y discipline, and to the good 
 conduct of the regiment. 
 
 3d. ' For having, contrary to his duty, embarked three horses, his own 
 private property, with the depot of the 15th Hussars, at Cove of Cork, 
 in Ireland, on, or about, the 24th June, 1815, on board the transport 
 Xanthtts, over and above his full compUment of chai-gers, whereby two' 
 of the three horses died, in consequence of the crowded state of the ves- 
 sel ; for these two horses, he, the said Major Cochrane, applied for and 
 received, from Government, remuneration as chai'gers, although they were 
 not so, being contrary to the express rules and regulations of tlie service, 
 as they never had been mustered as such, nor were tbey frbm their age 
 adapted for such purpose, and particularly as he, the said Major Cochrane, 
 had, besides the three horses before mentioned, his full compliment of 
 four chargers, which he had mustered' as such, on board the same vessel.' 
 
 Upon which charges the Court came to the following decision : 
 The Court having, with great deliberation, weighed and con- 
 sidered the whole of the evidence adduced by the prosecutor, in 
 his endeavour to prove the charges against the prisoner,, together 
 with the defence, and the testimony Brought forward in support 
 
760 TV. E. Cuchrajte. 
 
 thereof, is of opinion, in respect to the 1st charge, that he, the 
 Honourable William Erskine Cochrane, Major of the 15th Hus- 
 sars, is Not Guilty, and do, therefore, fully acquit him of the 
 same. 
 
 With respect to the 2d charge, the Court is of opinion, that 
 he. Major the Honourable William Erskine Cochrane, is Not 
 Guilty of the same, and doth, therefore, most fully and honour- 
 ably acquit him of all and every part thereof. 
 
 With respect to the 3d charge, the Court is of opinion that he. 
 Major the Honourable William Erskine Cochrane, is Not Guilty, 
 and doth, therefore, acquit him thereof. 
 
 The Court, in justice to the service, conceives it cannot too 
 strongly mark its reprobation of the mode adopted by the prose- 
 cutor, in collecting a body of charges against the prisoner, the 
 allegations of some of which extend to the most remote period 
 allowed by the Articles of War, for the cognizance of military of- 
 fences, and which, it is conceived, ought, and would have been 
 noticed by the Commanding Officers for the time being, had there 
 then appeared suflBcient grounds for an appeal to a General Court 
 Martial. 
 
 The Court more particularly reprobates the 2d charge, as re- 
 newing the recollection of animosities in parties who have ami- 
 cably adjusted their difference to the satisfaction of their brother 
 Officers, and who had been living in the habits of perfect cor- 
 diality, for nearly three years before this charge was preferred. 
 
 The Court is further of opinion, upon the whole, that these 
 charges have been exhibited from any other motives, rather than 
 those of the good of the service. 
 
 His Tioyal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court. 
 
 The Prince Regent has also been pleased to confirm, by the 
 expression of his marked displeasure, the terms of reprobation 
 by which the Court have conveyed their censure upon the con- 
 duct of the prosecutor (Captain Buckley) in presuming to vo- 
 lunteer unfounded accusations against another, and a superior 
 Officer, for supposed past irregularities, because he had himself 
 become the object of just reprehension, upon grounds totally irre- 
 
J. Grant. 761 
 
 levant to the allegations he set forth against the honour and cha- 
 racter of Major Cochrane. 
 
 The Prince Regent has been pleased further to command, that 
 the just aniihadversions of the Court, upon the prosecutor's con- 
 duct, would have called for a more signal mark of his displeasure, 
 than the expression of His Royal Highness's censure, if Captain 
 Buckley had not already been placed upon the Half-pay list, for 
 irregularity on a recent occasion, and being unwilling to deprive 
 an old soldier, who has served nearly twenty-four years, of total 
 subsistence, His Royal Highness has been pleased to extend his 
 gracious clemency to that Officer, by withholding from him such 
 merited punishment; but His Royal Highness, at the same 
 time, directs, that it shall be, intimated to Captain Buckley, that 
 the censure upon this occasion will be noted, as a bar to his re- 
 employment in the service. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, exhibited against Major the Honourable Wil- 
 liam Erskine Cochrane, of the 1 5th Hussars, together with the 
 finding and Sentence of the Court, and the Prince Regent's plea- 
 sure thereon, shall be entered in the general order book, and read 
 at the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Major the Honourable William Erskine Cochrane sold 
 out of the army in 18 IQ. — Editor. 
 
 BREVET LIEUT. COLONEL J. GRANT.— 1817. 
 
 Horse Guards, 30 July, 1817. 
 
 At a General Court Martial, held at Whitehall, on the 3d of 
 July, IS 17, and continued by adjournments to thegth of the same 
 month. Brevet Lieutenant Colonel James Grant, Captain in the 
 18th Regiment of Hussars, was arraigned upon the undermen- 
 tioned charges, viz. 
 
 1st. ' For conduct disgraceful and unbecoming the character of an 
 Officer and a Gentleman, in forcibly seeking the presence of Denutv 
 Commissary General Matthew D. O'Meara, on, or about, the 7th of Au 
 gust, 1816, for the avowed purpose of using provoking, opprobrious, and 
 insulting language towards him, in the presence of James Ludowick 
 
762 J. Grant. 
 
 Graot, Esq. and in using such proroldng, opprobiioas^ and insulting lan- 
 
 Eiage, towards the said D. O'Meara, in the presence of the said James 
 udowick Grant, Esq. and forcibly preventing the departure of the said 
 Matthew D. O'Meara, from the room in which such abusive language 
 was uttered ; thereby provoking (after the greatest forbearance on the 
 part of the said Matthew D. O'Meara) personal chastisement ; and for 
 consenting, on the suggestion, of the saW James Ludowick Grant, Esq. 
 and subsequently proposing himself, to pass over in silence, and bury in 
 oblivion tlus ebastisement. 
 
 3d. ' In laying before the Officers of the 18th Hussars^ assembled at 
 Boulogne, for the purpose of hearing Brevet Lieutenant Colonel Grant's 
 vindication of his conduct, in the affair above referred to, a false and par- 
 tial statement of that transaction ; and also for publishing and propa- 
 gating to the said meeting of Officers, certain false and scandalous re- 
 ports, tending to the prejudice and dishonour of the said Matthew D. 
 C^Meara.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence adduced on the part of the prosecution, as well as what 
 has been offered in defence, are of opinion, that so much of the 
 1st charge has been proved, as imputes to Brevet Lieutenant 
 Colonel Grant, the ' seeking the presence of Mr. O'Meara," by 
 remaining in the room upon Mr. O'Meara's entering it, notwith- 
 standing Mr. J. L. Grant repeatedly requested him to leave it, 
 and the ' using such provoking, opprobrious, and insulting lan- 
 guage towards Mr. O'Meara, in the presence of Mr. J. L.Grant, 
 and forcibly preventing the departure of Mr. O'Meara from the 
 joom,' so as to provoke Mr. O'Meara Cafteu great forbeatance mi 
 his part) to strike him, which kd to a personal contest between 
 Brevet Lieutenant Colonel Grant and Mr. O'Meara ; but that 
 Lieatenant. Colonet Grant is Not Guilty of * consenting to, or pro- 
 posing to pass over in silence, and to bury in oblivion the trans- 
 action which' had taken place,' and they do fully acquit him 
 thereof; and they do further acquit him of all other parts of 
 the said charge not herein- specified. 
 
 With regafd to the 2d' charge, the Court are of opinion, that 
 B*evet Lieutenant Colonal' Grant is Not Guilty of the 1st part 
 thereof, viz. ' the laying before the Officers of the- 1 3th Hussars, 
 assembled at Boulogne, for the purpose of hearing Lieutenant 
 Colonel Grant's vindicatioa of bis cond^uct, ins tlie affair above 
 referred to, a false and partial statement of that transaction ;' but 
 with regard to the 2* part of the said 2d chargej viz. ' fbr pub- 
 
p. T. Ryves. 76S 
 
 lishing an(i propagating to the said meetiqg of Officer?, certain 
 false and scandi^lous repo^'ts, tep4ing to the pipjudiqe an^ dis- 
 honour of the s^id Mr. O'Me^ra,' the Court ^re of opinion, that 
 Lieutenant Colonel Grant did most iridiscreetly make allegations 
 prejudicial to the character of Mr. O'Meara^ which have not 
 been prpved to the full extent, and which were consequently un- 
 justifiable, although the Court are of opinion, that Lieutenant 
 Colonel Grant did entertain this impression on his. own mind, 
 grounded upon reports to that effect, and did not publish or pro- 
 pagate the same, knowing or believing them to, be false. 
 
 The Court, having found Brevet Lieutenant Colonel Grant, 
 Guilty to the extent qbove specified, do, therefore, Mjudge thftt 
 he shall be publicly reprimanded and admonished, in such man- 
 ner and at such time as the Commander in Chief shall direct. 
 
 The Prince Regent has been pl?gised, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, and to command that the reprimand and' 
 admonition adjudged by the Court, shall be conveyed in public 
 orders, in terms ca,lculated to put Brevet Lieutenant Colonel 
 Grant upon his guard against repeating an indescretion so im- 
 proper. 
 
 The CoDigiander in Chipf directs, that the charges preferred 
 against Br,evet Lieutenant Colonel Grant, together with the find- 
 ing and Sentence of the Court, and the Prince Regent's pleasuie 
 thereon, shall be entered in the general order book, and read at 
 the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Brevet Lieutenant Colonel James Grant is now upon the 
 Half-pay of the 23d ¥oot.— Editor. 
 
 LIEUTENANT COLONEL P. T. RYVES.— 18 17. 
 
 Horse Guards: 1 Aug. 1817. 
 
 At a General Court Martial^ held at Corfu, on the 34th of 
 
 April, 1817, and continued by adjournments to the 1st of; May- 
 
 following, Lieutenant Colonel P. Thomas Ryves, Deputy Quar- 
 
764 P. r. Ryvei. 
 
 ter Master General to the Forces serving in the Mediterranean, 
 was arraigned upon the undermentioned charge, viz. 
 
 " For conduct subversive of all military rules, destructive of those 
 principles of honour and integrity most necessary to be maintained in 
 the British mihtary service, and highly derogatory to the character of an 
 Officer and a Gentleman, in the following instances, viz. 
 
 1st. ' In signing a certificate, bearing date 28th November, 1816, 
 totally false and unfounded, in consequence of which His Majesty's go- 
 vernment suffered the contingent temporary loss of ^61 ■ 8s. 6d. 
 
 2d. ' For falsifying, or causing to be falsified by his orders, in, or 
 about, the month of October last, certain official vouchers relative to the 
 expenditure of public money. 
 
 3d. ' For recently issuing, or causing to be issued, certain printed 
 general regulations without date, styled and entitled ' Barrack Regula- 
 tions, Ionian Islands, with the sanction of the Commander of the Forces 
 attached thereto, in the following words, — 
 
 ' By order of His Excellency, the Commander of the Forces, 
 
 (Signed) ' P. THOMAS RYVES, 
 Deputy Quarter Master General, Mediterranean.' 
 
 " The said regulations, not only not having met with the sanction of 
 the Commander of the Forces, but having been printed and published 
 in direct disobedience of an order from him; and containing moreover, 
 in themselves, certain rules for the conduct of the barrack department, 
 contrary to the specific instructions of His Excellency to the Deputy 
 Quarter Master General in regard to the same." 
 
 Upon which charge the Court came to tlie following decision : 
 The Court, having duly considered the evidence brought for- 
 ward by the prosecutor, in support of the crime laid to the charge 
 of the prisoner. Lieutenant Colonel P. Thomas Ryves, as well 
 as what he has adduced in his defence, is of opinion that he is 
 Guilty of the same, in the whole of the three instances specified, 
 and does, therefore, sentence him to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con-: 
 firm the finding and Sentence of the Court ; but under all the 
 circumstances which have induced the Court Martial to recom- 
 mend Lieutenant Colonel Ryves, to the humane interference of 
 the Commander of the Forces in the Mediterranean, and the li- 
 beral urgency with which His Excellency has forwarded the 
 same in a personal request from himself, that it should be 
 favourably considered, as communicated in Lieutenant General 
 Sir Thomas Maitland's letter of the 6th May, 1817, and its en- 
 closure from the president of the Court Martial ; the Prince Re- 
 
J. Tiper. 765 
 
 gent has further been pleased to extend his gracious clemency to 
 Lieutenant Colonel P. Thomas Ryves, by restoring him to the 
 service in his capacity of Brevet Lieutenant Colonel, and Major 
 on Half-pay. 
 
 His Royal HigVraess the Commander in Chief directs, that the 
 foregoing charge, exhibited against Lieutenant Colonel P. Tho- 
 mas Ryves, together with the finding and Sentence of the Court, 
 and the Prince Regent's pleasure thereon, shall be entered m 
 the general order book, and read at the head of every regiment 
 in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen 
 
 N. B. Lieutenant Colonel Ryves is now upon the Half-pay of 
 an Assistant Quarter Master General. — Editor. 
 
 BREVET LIEUTENANT COLONEL J. PIPER. 
 
 Horse Guards, 25 Sept. 1817. 
 
 At a General Court Martial, held at Whitehall, on the 1st 
 August, 1817, and continued by adjournments to the 7th of the 
 same month. Brevet Lieutenant Colonel John Piper, Major in 
 the 4th (or King's own) Regiment of Foot, was arraigned upon 
 the undermentioned charges, viz. 
 
 1st. ' For highly irregular and unofficerlike conduct, in having di- 
 rected Quarter Master Serjeant Bernard Doran, of the deput of the 4th 
 regiment, to prepare weekly returns, for the issue of coals and candles 
 for an Officer's mess, at Deal BaiTacks, between the 4th of January, 
 and the 24th March, 1816, and for signing such returns, whereby the 
 said coals and candles were issued regularly within that period for such 
 purpose, and directing the coals and candles, so issued, to be divided 
 amongst, and apportioned to the individual use of himself, and other 
 Officers at quarters, in their own rooms, no mess of the Officers at the 
 d^put having been established within that period, although there was a 
 sufficient number to have one established, be^ng contrary to the rules, 
 and prejudicial to the good of the service, and defeating the intention 
 for which such issue is allowed to be made. 
 
 2d. ' For highly irregular and unofficerlike conduct, in having directed 
 Paymaster Christopher Hancome, of the depot of the said regiment, to 
 estimate for, and include in the accompts of the depot, from the 25tb 
 December, 1815, to the 24th March, 1816, the sum of £18 : 15*., or 
 thereabouts, as an allowance in aid of the mess, granted under a circu- 
 lar War-Office order, bearing date the 19th March, 1811, no mess of 
 
766 J. Piper. 
 
 the Officers af {be d6p6t bavittg been established at aby time witbin thslt 
 period, and whicb sum, namely^ ^18 : 15*., or tberfeabbuts, so esti- 
 mated for, and drawn^ was divided by the said Paymaster Christopher 
 Ilancofne amongst the Officers, he. Lieutenant Colonel Piper, receiv- 
 ing a proportion thereof ; the same being contrary to His Royal High- 
 ness the Prince Regent^s gracious intentioDy under \frhich such grant is 
 allowed^ contrary to the instructions contained in the Right Honourable 
 the Secretary at War's circular letter of the 15th April, 1812, and pre- 
 judicial to the good of the service. 
 
 3d. ' For highly irregular and nnofficerlike conduct, in directing Quar- 
 ter Master Seijeant Bernard Doran, of the d6pdrt 4th regiment, to bring 
 the return for coals and candles for the said d6p6t, from the 26th to the 
 31st March, 1816, to Ins quarters. Deal Bari'acis, on the moriiing of 
 the 24th March y and whicb iet&fn,- in- *hich his, 1/ieutenant Colonel 
 Piper's, name was included, was then signed by him, although on that 
 day, he. Lieutenant Colonel Piper, went on leave of absence for two 
 months, with the sanction of His Royal Highness the Commander in 
 Chief, and which coals and candles so drawn on his account, for the 
 period abovementioned, were delivered into his' quarters, occupied by a 
 woman, himself not being present any one day vrithin the period of that 
 return, the same being in violation of the rules and prejudicial to the 
 good of the service. 
 
 4th. ' For conduct unbecoming an Officer, in having sent for the 
 acting Paymaster Lieutenant John BusheU, of the dfepot of the 4 th 
 Regiment,, on,, or about, the 6th June, 1816, to his quarters in Deal 
 Barracks, and there holding a conversation with the said Lieutenant 
 John Bushelll, with a view to influence and induce him tO make a false 
 charge' in the accounts of the ^aid dep6t, under the head of postage-' and 
 stationery, for a sum of between two and three pounds ; whihh hey 
 Lieutenant Colonel Piper, represented as having expended for logs and 
 a black jacket, whilst in the command of the depot, thereby holding 
 out an ettcoutagenient to the said Lieutenant Johil' Bushell, to act con- 
 trary to' tJie rales, and prejudicial to the good of the service. 
 
 5th. ' For holding" a conversation with Captain Charles James Edgell, 
 commanding the dep6t of the 4tU RJegiment, on the parade of the South' 
 Barracks, Dfealj in the presence of Lieutenant and acting Adjutant JoUli' 
 Stavely, of the said dfepfit, on, or about, the morning of the 10th Juhe, 
 1816; vrith a view to iiiduce and influenfce him, Captiiri Edeelly tb' 
 omit, hisi Lieutenant Colbnel Piper's name in the returiis of mat' A)if, 
 aMougt he Was present and living in bartacks, and included in thferK- 
 t^im for the issue of coals and' candles for the ensuing week, vit. frorfi thfe' 
 10th to the 16th June inclusive, thereby wishing him to conceal' ftolfl 
 the Adjutant' General the circmtstanCe of HiS being at the dfep&t, coiitrtlty 
 to the rules of the service. 
 
 6th: ' For holding a' correspondence vrith Captain' Bdgedl, cdmmkdd- 
 ing the' dfep6t of the 4th Regimfenf, at Dfeal Batracks, betWeen thi 
 feriod from the 26th June, to the 1 5th August, 1816; with' a view to 
 induce him' to authorize a chaise' of ^3': 6*., or therfe'aboiits, beiiig 
 made against the public aS an alloxf^ance in lieU' of fbr&ge for a hoisB, 
 UetMreen the 2d Mky, and the 4tHJune, 1816, contrai-y to Ms, Cajitain 
 
J. Piper. 767 
 
 EdgelVB iudgment, and conveying to him a positive order to auttoriie 
 sudi charge being made, by which a sura of £3 : 5s. 2d, or there- 
 abouts, was charged in the accounts of the said depot ; the same bemg 
 in his. Captain Edgell's opinion, contrary to the instrnctions under 
 which such charge is allowed to be made, in breach of the Articles of 
 War, and prejudicial to the good of the service. 
 
 7th. ' For having acted in an unwarrantable manner, highly unbecom- 
 ing an Officer, in addressing to Lieutenant John Bushell, of the depflt 
 of the 4th Regiment, a letter, dated 21st March, 1817, amveying most 
 improper language, in as much, as therein adverting to the subjeet 
 matter contained in the 4th charge, he expresses himself as follows :— 
 " If ever you did make such an assertion concerning me, your superior 
 Officer, I now tell you, Siir, and virill tell the world, that you asserted an 
 infamous falsehood ;" the same being prejudicial to the regolarity and 
 good of the service.! 
 
 Upon which charges the Court came to the following decision : 
 Ttie Court, having duly weighed and considered the evidence 
 adduced in the prosecution, as well as what has been offered in 
 defence, is of opinion that Brevet Lieutenant Colonel John 
 Piper, Major of the 4th (or King's ownJI Regiment of Foot, is Not 
 Guilty of the 1st and 2d charges, as it has appeared that there was 
 a mess established at the d6p6t, to which any of the Officers of 
 the regiment might have gone, and does, therefore, acquit him. 
 
 With respect to the 3d charge, the Court is of opinion that 
 Lieutenant Colonel Piper is Guilty of so much of this charge, 
 as imputes to him '^rrregularity in signing the return in which he 
 himself was included, between the 26th and Slst March, 1816, 
 on the 24th March, when he was going on. leave of absence,' but 
 the Court does fully acc[uit him of any improper motive, and of 
 the remainder of the charge, the Court does also acquit him. 
 
 With respect to the 4th charge, the Court is of opinion that 
 Lieutenant Colonel Piper is Not Guiky of any improper motive 
 in the conversation which has been made the subject of tiiis 
 charge, and does, therefore,, acquit him. 
 
 The Court is of opinion that Lieutenant Colonel Piper is 
 Guilty of the 5th charge. 
 
 With respect to the 6th charge, the Court is of opinion that 
 Lieut. Col. Piper is Not Guilty, and does, therefore, acquit him. 
 With respect to the 7th charge, the Court is of opinion, that 
 Lieutenant Colonel Piper is Guilty of ' having written the letten 
 ofthe 21st March, 1817, to Lieutenant Bushel], containing; the 
 expressions therein stated,' of which the Court strongly marks 
 
7 GB , C. W. Stewart. 
 
 disapprobation, at the same time the Court must observe, that 
 bad Lieutenaint JSushel given the explanation repeatedly required 
 by Lieutenant Colonel Piper, the irritation which induced the 
 objectionable language might have been altogether avoided. 
 
 The Court does, therefore, upon a review of the whole matter, 
 adjudge that Lieutenant Colonel Piper be admonished, in such 
 manner as His Royal Highness the Commander in Chief may 
 think proper. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and sentence of the Court, anil to command, 
 that the prisoner, Lieutenant Colonel Piper, shall receive such 
 an admonition as may be calculated to prevent him from acting 
 in future with the inadvertency set forth in the instance of the 
 3d charge, and the irregularity set forth in the 5th charge. 
 
 With regard to the 7th charge, of which Lieutenant Colonel 
 Piper has been found Guilty, the Prince Regent has been pleased 
 to consider the disapprobation expressed by the Court as a suffi- 
 cient punishment. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Brevet Lieutenant Colonel John Piper, Major of 
 the 4th (or King's own) Regiment of Foot, together with the Sen- 
 tence of the Court, and the Prince Regent's pleasure thereon, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Brevet Lieutenant Colonel Piper is still the Major of the 
 4th Foot. — Editor. 
 
 LIEUTENANT CHARLES W. STEWART— 1817. 
 
 Horse Guards, 28 Sept. 1817. 
 At a General Court Martial, held at Saint Ann's. Barbadoes, 
 on the 27th of May, 1817, and continued by adjournments to the 
 14th of June following, Lieutenant Charles William Stewart, of 
 the Royal York Rangers, was arraigned upon the undermentioned 
 charges, viz. 
 
C. W. Stewart. 769 
 
 , 1st. ' For conduct unbecoming the character of an Officer, in being 
 excessively intoxicated whilst on duty, on board the Lijne transport, on, 
 or about, the 8th April, 1817, between the hours of eight and twelve 
 o'clock at night. 
 
 2d. ' For scandalous and infamous conduct, unbecoming the character 
 of an Officer and a Gentleman, in allowing himself to be grossly insulted, 
 on, or about, the 14th day of April, 1817, on the deck of the Lune 
 transport, by Mr. Coxwell, a passenger, on board, belonging to the 
 Storekeeper General's Department, without using any endeavour to 
 bring, or expressing the least intention of bringing, the said Mr. Coxwell 
 to an account for such treatment, but, on the contrary, having frequently 
 afterwards addressed himself to him, Mr. Coxwell, evidently with a 
 view of ingratiating himself into terms of friendship, thereby to evade 
 any proper explanation for having been so insulted. 
 
 3d. ' For scandalous, infamous, and unofficerlike conduct, in haying 
 received the most abusive and gross insults, on the deck of the Lune 
 transport. On, or about, the 24th April, 1817, from Sir James Cockbum^ 
 a passenger, on board, belonging to the Storekeeper General's Depart- 
 ment, such as, " You lie, you damned rascal; I vvillkick you round the 
 Garrison' of Barbadoes, you little dnim-boy j" or words to that effect, in 
 the hearing of the Officers in the cabin, and in the presence of many 
 soldiers and sailors on deck, without using any endeavour to bring,- or 
 expressing the least intention of bringing, the said Sir James Cockburn 
 to an account for such disgraceful abuse and threats, but, on the contraiy, 
 having begged his. Sir James Cockburn's, pardon in the presence of 
 Lieutenant Cosby, immediately afterwards ; such conduct being most 
 derogatory to the character of an Officer and a Gentleman. 
 
 4th. ' For scandalous and infamous conduct, in having asserted a 
 gross falsehood, with a view to deceive the Officers of the Court of In- 
 quiiy, held on board the Lune transport, on the 3d of May, 1817, by 
 order of Lieutenant Colonel- O'Hai'a, of the 63d Regiment, for the pur- 
 pose of investigating his conduct, in having stated to the Court that he. 
 Lieutenant Stewart, had received, through the medium of Lieutenant 
 Hodgkinson, of the 3d West India Regiment, an apology from Sir James 
 Cockbum, and, subsequently, from Sir James Cockbumi in person, for 
 the treatment he had received from that gentleman. 
 
 5th. ' For highly unmilitary conduct, unbecoming the character of an 
 Officer, in being drunk, when in arrest on the afternoon of the 7th May, 
 1817, and using disrespectful language to Lieutenant Cosby, his then 
 Commanding Officer." 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having most maturely weighed and considered the 
 
 evidence produced on the part of the prosecution, together with 
 
 what the prisoner has alleged and proved in his defence on the 
 
 charges, is of opinion as follows : 
 
 With respect to the 1st charge, the Court is of opinion that the 
 
 same has been proved, e.\cept that the evidence does not appear 
 
 3 D 
 
77a C. f¥. Stewart. 
 
 to warrant the word ' excessively,' and the Court does, accordingly, 
 find the prisoner Guilty thereof. 
 
 With respect to the 2d charge, it does not appear to the Court 
 that the |Misoner, Lieutenant Stewart, was the person originally, 
 insulted by Mr. Coswell ; but, on the contrary, that Mr. Coxwell 
 recored the first gross insult from Lieutenant Stewart, and 
 seemed to rdy on his supoior bodily strength for redress ; where- 
 fore, and inasmuch as the other parts of this charge are not 
 proved to the satb&ctkm of the Conrt, the Court finds the pri< 
 .sooer Not Ga3]y theieo£. 
 
 Wdk respect to the Sd dnige, it appears to the Court that 
 '■laterer offensive hngnage may have passed from Sir James 
 CockbarB to Ueotenant Stewart, the same was acknowledged to 
 kne beea used by Sir James, in consequence of a misapprehen- 
 aioB, and an explanalioa baring fakm place at the instance and 
 AnM^i the medium of lieutenant Cosby, who was the then 
 Cimiiii mdin r Officer, no Lieutenant Stewart's representation of 
 the iagaiT wUdi be bad received ; and it being also considered 
 OB board die Laae tratsprnt, fiom the evidence of Mr. Gilbert 
 and o&eis, that eieij punt was settled between Sir James Cock- 
 bom ^id Lieateaant Stewart, the Conit does not find evidence 
 soScieBt to convict the prisoner of this Sd charge, and, therefore, 
 fiads him Not Goiltf thereof. 
 
 Wdh respect to the 4tfa diaige, 6ie Court is of opinion that 
 l]he same has not been satisfactorily proved, and, therefore, find| 
 dK prisoner Not Gndty dioeof. 
 
 Wiik respect to the oA cbai^e, the Court is of opinion that 
 ^ same has been proved^ and does, therefore, find the prisoner 
 Gu3ty dicnaf. 
 
 The Court, kawii^ dins given its opinion on each of the said 
 five charges, and havii^ found die prisoner Gn3ty of the 1st and 
 5di tItHeof, beii^ in Iweadi of die Articles of War, do sentence 
 Mad aifiu^e, that be, the pris<Mier, Lieutmant Charles William 
 Stewut, of the Boyal York Rangers, be cashiered. 
 
 The Court, however, taking into consideration the long services 
 of Lieutenant Stewart, that he has a femily, and the causes of 
 irritation which be reoraved oa board the Lune transport, tc^e- 
 th^ with his good character, most humbly and respectfidly beg 
 
I ( ! 
 t t t 
 
 N. Fitipatrkk. 77 1" 
 
 leave to recommend him to the clemency of His Royal Highness- 
 the Prince Regent, nor can the Court close its proceedings with- 
 out animadverting on the conduct of the prosecutor, Lieutenant 
 Cosby, in various instances, which appear on the face of these 
 proceedings. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court ; but under all the circumstances of the 
 case, as they appear on the face of the proceedings, His Royal 
 Highness has, at the same time, been pleased to give his gracious 
 attention to the recommendation of the Court in the prisoner's 
 behalf, by restoring him to his commission, with the view of being 
 placed upon Half-pay. 
 
 The Prince Regent has also been pleased to consider the con- 
 duct of the prosecutor. Lieutenant Cosby, in various instances, 
 as deserving the animadversion conveyed in the opinion of the 
 Court Martial, and to direct, that His Royal Highness's marked 
 censure should be conveyed to that Officer, through the Com- 
 manding Officer of his Regiment (the 63d) with an appropriate 
 admonition to be circumspect in his future conduct ; an assurance 
 of which, from the authority under which he serves, will be ne* 
 cessary before he can be considered eligible to advancement in 
 his profession. 
 
 The Commander in Chief directs, that the charges preferred 
 against Lieutenant Stewart, together with the finding and Sen- 
 tence of the Court, and the Prince Regent's pleasure thereon, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Stewart is now upon the Half-pay of the 
 8'id Regiment. — Editor. 
 
 SURGEON NICHOLAS FITZPATRICK.— 1817. 
 
 ii ii i' Horse Guards, 30 Sept. 181^. 
 
 H t ^' * General Court Martial, held at Woolwich, on the 28th 
 
 3 D 2 
 
772 N. Fitzpafnck. 
 
 July, 1817, and continued by adjournments to the 1 1th August 
 following, Surgeon Nicholas Fitzpatrick, of the Royal Artillery, 
 ■was arraigned upon the undermentioned charges, viz. 
 '. 1st; ' For disrespectful and insubordinate behaviour, unbecoming the 
 character of an Officer, towards Gustavus Irvrin, Doctor of Medicine, 
 Surgeon General aiid Inspector in the Ordnance Medical Department, 
 and the immediate Commanding Officer of the said Nicholas Fitzpatrick, 
 at Woolwich, on the morning of Monday die 3d March, 1817, in the 
 public office of the said Doctor Gustavns Irwin, and in the presence of a 
 non-commissioned Officer of the Royal Artillery, he, the said Doctor 
 Gustavus Iradn, being in the execution of his duty; in refusing to cor- 
 rect a false return, which he had made on the 1st of the same month, of 
 the sick of his division of the Royal Ordnance Hospital, at Woolwich, 
 With respect to the case of CorneUus Brainthorpe, by inserting the real 
 situatim of the patient, when directed so to do. 
 
 2d. ' For behaviour unbecoming the character of an Officer and a 
 Gentleman, in the said office of Doctor Gustavus Irwin, on the morning 
 of the 13th March, 1817, when caUed upon, by the said Doctor Gustavus 
 Jrwin, to state the cause of his not having attended as a member of a 
 medical board which had been assembled the preceding day, in obedience 
 to an hospital order, dated the 1 1th of the same month: in having falsdy 
 stated that he had no notice of the order of the 1 1th March, for the 
 assembly of the medical board, before the actual meeting of the board 
 on the 12th ; whereas the said order had been communicated to him on 
 the morning of the 12th March, at least one hour before the meeting of 
 the board. 
 
 3d. ' For behaviour unbecoming the character of an Officer and a 
 Gentleman, in having stated to Doctor Gustavus Irwin, in a letter dated 
 Woolwich, 13th April, 1817, that he had received a verbal apology for 
 his. Doctor Irwin's, severe conduct towards him, on the morning of the 
 6th of the same month, through Mr. William Duric, the resident surgeon, 
 "whom he considered, in delivering Doctor Irwin's sentiments on that 
 .subject, as duly authorized to convey the apology ; which statement, that 
 an apology had been made for the said alleged severe conduct, ch- any 
 'concession whatever, implying severity or impropriety of conduct on the 
 part of the said Doctor Gustavus Irwin, towards the said Nidiolas "Fitz- 
 patrick, on the morning of the 6th instant, is totally unfounded. 
 
 4th. ' For scandalous behaviour, unbecoming the character of ao 
 Officer and a Gentleman, towards the said Doctor Gustavus Irwin, his 
 immediate Commanding Officer, on the morning of the 14th April, 1817, 
 when in his public office, and the execution of his duty ; in having used 
 violent and disrespectful language and gestures, to the said Doctor Gus- 
 tavus Irwin, and in having falsely accused the said Doctor Gustayns 
 Irwin, of having censured him on the morning of the 6th of the same 
 month, in language that one gentleman shoidd not make use of to ano- 
 ther. 
 
 5th. ' For scandalous behaviour, unbecoming the character of an 
 Officer and a Gentleman, on, or about, the 23d September, 1816, in 
 having grossly abused Robert Geary, Surgeryman, in No. 2 Division of 
 
A^ Fitzpatiick. IIS 
 
 tlie Royal Ordnance Hospital, at Woolwich, calling him a damned stupid 
 old rascal, — a damned old scoundrel, and other abusive names, because 
 the said Robert Geary represented to the said Surgeon Fitzpatrick, that 
 he believed there was a mistake in a prescription which the said Surgeon 
 Fitzpatrick had entered in his prescription book, and had ordered to be 
 prepared ; notwithstanding the said Surgeon Fitzpatrick took measures 
 immediately afterwards to correct the said mistake.' 
 
 Upon which charges the Court came to tlie following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence for and against the prisoner, together with what he has 
 alleged in his defence, is of opinion, with respect to the 1st 
 charge: ' that the prisoner's return of the 1st March, 1817, is 
 not a false return in the sense implied by the Articles of War ;' 
 but that he is Guilty of disrespect and insubordination, in refusing 
 to make the alteration required by the Surgeon General. 
 
 With respect to the 2d charge, the Court is of opinion that the 
 prisoner is Guilty of ' falsely stating, as an excuse to the Surgeon 
 General, he had not seen the order,' but the Court would rather 
 attribute it to inadvertency, than a premeditated wish to deceive. 
 
 With respect to the 3d charge, the Court is of opinion that the 
 prisoner is Not Guilty. 
 
 With respect to the 4th charge; the Court is of opinion, that 
 the prisoner is Guilty of ' behaviour unbecoming the character 
 of an Officer, in having used violent and disrespectful language 
 to Doctor Irwin, his immediate Commanding Officer, when in 
 the execution of his duty ; and in having falsely accused Doctor 
 Irwin of having censured him, ' in language that one gentleman 
 should not make use of to another,' 
 
 With respect to the 5th charge, the Court thinks it not proved, 
 and does, therefore, acquit the prisoner. 
 
 The Court, taking into consideration all tiie charges of which 
 the prisoner has been found Guilty, thinks it proper to observe, 
 that the terms ' scandalous, and unbecoming the character of a 
 Gentleman,' do not appear to be applicable to his conduct; but 
 is of opinion, that the prisoner's conduct has been highly insu- 
 bordinate, disrespectful, and subversive of military discipline, and 
 does, therefore, sentence the prisoner, Nicholas Fitzpatrick, to 
 lose such portion of his rank, as will place hira in th* List of 
 Surgeons of the Ordnance Medical Department, under the next 
 \\\ succession to Mr. E. Beck. 
 
774 L. Alen. ' 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, exhibited against Surgeon NicholasFitzpatrick, 
 of the Royal Artillery, together with the finding and Sentence 
 of the Court, and the Prince Regent's approval thereof, shall be 
 entered in the general order book, and read at the head of every 
 regiment in His Majesty's sei'vice. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 K. B. Surgeon Fitzpatrick is still in the Royal Artillery. — Editor, 
 
 LIEUTENANT COLONEL LUKE ALEN.— 1817. 
 
 Horse Guards, 25 Oci. 1817. 
 At a General Court Martial, held at Portsmouth, on the 4th 
 September, 1817i and continued by adjournments to the 22d of 
 the same month. Lieutenant Colonel Luke Alen, of the 55th, or 
 Westmoreland Regiment of Foot, was arraigned upon the un- 
 dermentioned charges, viz. 
 
 1st. ' Disobedience and evasion of a general order of the 6th Novem- 
 ber, 1816, by wilfully omitting to insert (notwithstanding the directions 
 given to the regiments to attend thereto, and which, according to ap- 
 pearance, was acted upon,) in the usual return of defaulters ordered to 
 be sent in " daily," tlie names of certain men who had been defaulters, 
 and of whom, several as such, had been tried by Regiinental €01111:8 
 Martial, whefieby, particularly between the months of March and April 
 last. Major General Bayly was thwarted and prevented taking the steps 
 he might have considered advisable in these instances, towards checking 
 the system practised by Lieutenant Colonel Alen, of having recourse to 
 Il^imental Courts Martial for trivial offences ; which system Major 
 General Bayly had marked his disapprobation of, and depended greatly 
 on these returns, to know to what extent it might be necessary for him 
 further to interfere, either by stopping the intended trials, overlookiDg 
 the proceedings before the sentences were put into efFect, or othei'wise, 
 the said deviation of duty, being prejudicial to good order and military 
 discipline. 
 
 2d. ' For highly improper bonduct, in having brought certain soldiers 
 of the 55th Regiment before a Court Martid at the dram head, in 
 April last, for oftences, not only committed two days previous to tri^l, 
 but under other circumstances not being of a nature to call for such a 
 
L. Alen. 775 
 
 summary mode of proceeding, which was the less necessary, from' the 
 fact of the order room being within a few yards of the place of tria^, 
 where, and in which place, the evidence might and ought, agreeably to 
 the established practice of the service, to have been taken in writing ; 
 among which Courts Martial, one charge bears no date of the offence 
 the prisoner is charged with, and several of the sentences were not p^t 
 into effect until one day after the trial, though the necessity of example 
 was considered so pressing by Lieutenant Colonel Alen ; also giving as 
 a reason on the occasion of these Courts Martial, that part of the said 
 prisoners were tried- in the above hasty and unusual manner, (known 
 only under circumstances of the most mutinous, insubordinate, or urgent 
 nature) merely because an opportunity thereby offered for him to have a 
 clear guard-house. The said arbitraiy aiid irregular manner of proceed- 
 ing, being hurtful to the service, oppressive to the soldier, and preju- 
 dicial to good order and militaiy discipline. 
 
 3d. ' For disobedience of orders, given after the arrival of the 55th 
 regiment at Guernsey, but more particularly those of the 30th Januaiy 
 last, by quartering aconsiderably greater number of men in Fort George 
 Barracks, (limited to three hundred by the barrack regulations) than 
 that place was intended to contain, which occasioned a representation 
 of the irregularity thereof from the Barrack Board. The said disregard 
 to orders subjecting the service to much inconvenience, being an impro- 
 per example to the regiment, and in every point unmilitary.' 
 
 Upon which charges the Court came to the following deci- 
 sion : 
 
 The Court, having very maturely considered the whole of the 
 evidence which has been produced by Major General Bayly on 
 the part of the prosecution, as well as by Lieutenant Colonel 
 Alen on his defence, are of opinion as follows :, 
 
 That with regard to the 1st charge, he. Lieutenant Colonel 
 Alen, is Guilty of omitting the names of certain men, proved 
 not to have been returned in the daily returns of defaulters 
 whereby the intention of the Major General Commanding, in 
 giving out the order of the 6th November, 1816, was in a degree 
 frustrated ; but the omission appears to the Court to have pro- 
 ceeded from a very erroneous idea, that he was not called upon 
 to include in the said returns, names of men confined by order 
 of Staff Officers, or men who were confined, tried, and their sen- 
 tences carried into execution, between the hours prescribed for 
 sending in the returns in question, rather than from an intention 
 of wilfully disobeying that order. 
 
 The Court are of opinion that Lieutenant Colonel Alen ia 
 Guilty of the 1A charge. 
 
776 L. Alen.. 
 
 And in regard to the 3d charge, the Court finds Lieutenant 
 Colonel Alen Guilty thereof, but from an error of judgment, 
 in supposing that the orders extended to the barracks only, with- 
 out including the bomb-proofs and other accommodations in Fort 
 George. 
 
 The Court have not taken into their consideration the cir- 
 cumstance of the order of the 30th January, having been in- 
 serted in the 3d charge,, instead of the 3 1st of that month, the 
 mistake appearing to have been merely a clerical error. 
 
 The Court having'found the prisoner, Lieutenant Colonel Alen, 
 of the 55th Regiment, Guilty, to the extent aforesaid^ being a 
 breach of. the. Articles of War, do, in consequence sentence him 
 (Lieutenant Colonel Alen) to be placed twelve months lower on 
 the list of Lieutenant Colonels of the army, and, further, to be 
 reprimanded and admonished in such manner as His Royal High- 
 " pess the Prince Regent shall be pleased to direct. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to_ approve and confirm the finding and 
 Sentence of the Court ; and to command, that the reprimand 
 and admonition shall be carried into effect in terms conducive to 
 the interest and benefit of the service. 
 
 His Royal Highness has, at the same time, been pleased to 
 . take into consideration, that the well-being of the service may be 
 mate/ially involved by the continuance of an Officer in the com- 
 mand of a regiment, whose conduct in that responsible and impor- 
 tant capacity, has been found deserving of the sentence adjudged, 
 .and the reprimand and admonition that has followed, which, though 
 called for by the offence, would in its effect weaken the confi- 
 dence of the Officers and men in their Commander, and lessen 
 the force of that controul over their conduct, which is essential 
 to the maintenance of good order and discipline. 
 
 Upon these grounds it has appeared to His Royal Highness, 
 ■ that the continuance of Lieutenant Colonel Alen in the coirt- 
 mand of the 55th Regiment, is inconsistent with the welfare of 
 that corps ; His Royal Highness has, therefore, been pleased to 
 command, that he. Lieutenant Colonel Alen,. shall have tbe op- 
 tion of retiring upon Half-pay, or from the service altogether, 
 Jjy the sale of his commission. 
 
R. Ward. Ill 
 
 The Commander in Chief directs, that the charges preferred 
 against Lieutenant Colonel Alen, together with the finding and 
 Sentence of the Court, and the Prince Regent's pleasure thereon, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieut. Colonel Alen retired from the service. — Editor. 
 
 DEPUTY ASSISTANT COMMISSARY GENE- 
 RAL ROBERT WARD.— 1817. 
 
 Horse Guards, 31 Oct. J817. 
 
 At a General Court Martial, held at St. Ann's Garrison, in 
 
 the Island of Barbadoes, on the 7th August, 1817, Deputy 
 
 Assistant Commissary General Robert Ward, was arraigned upon 
 
 the undermentioned charges, viz. 
 
 1st. ' For having, between the 25th March, 1816, and 10th March, 
 1817, embezzled, or fraudulently misapplied, or having allowed to be 
 embezzled or fraudulently misapplied, public cash entrusted to his care, 
 amounting to, ^1212 : 9s. Id. sterling, or thereabouts, being contrary 
 to his instructions, .and in breach of the Articles of Wai-. 
 
 2d. ' For having, between the 25th March, 1816, and 24th Febraary, 
 1817, embezzled, or fi-audulently misapplied, or having allowed to be 
 embezzled, or fraudulently misapplied, public stores committed to his 
 chai'ge, being deficient 1979 pounds of oats, and 2394 pounds of rice 
 on his provision accounts, contrary to his instructions, and in breach of 
 the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having maturely, vveighed and considered the evi- 
 dence produced on the part of the prosecution against the pri- 
 soner. Deputy Assistant Commissary General Robert Ward, 
 as well as what the prisoner has alleged and submitted to the 
 Court in his defence, is of opinion as follows, viz. 
 
 With respect to the 1 st charge, the Court is of opinion that the 
 prisoner. Deputy Assistant Commissary General Robert Ward, 
 is, and doth accordingly find him Guilty thereof, and the Court 
 also finds that the sum of ^^1212 : y«. id. sterling, is now due 
 from him to government in that capacity. 
 
778 R. Ward. 
 
 With respect to the 2d charge, it appears to the Court, that 
 as to the rice, the prisoner has not retained, or applied any part 
 of it to his own use, but that the deficiency in that article has 
 arisen from an over- issue, which the prisoner made to the regi- 
 ments that were, at that time, stationed at St. Kitts ; and that as 
 to the oats, the alleged deficiency in this article arises partly 
 -from his having ignorantly issued more than he ought to have 
 done to the Officers there, and that the defalcation as to the re- 
 mainder may probably have been in consequence of wastage and 
 other losses, incidental to an article of this nature ; the Court, 
 therefore, acquits the prisoner of this 2d charge, but at the 
 same time, is of opinion that he ought to be charged with 
 lOiylbs. weight of oats to be accounted for by him to Govern- 
 ment, that quantity being the balance admitted to have been in 
 his hands unissued. 
 
 This being the opinion and finding of the Court, and the pri- 
 soner. Deputy Assistant Commissary General Robert Ward, 
 being declared Guilty of the 1st charge, the Court doth sentence 
 and adjudge that he be dismissed His Majesty's service, and that 
 he be also rendered incapable-of serving His Majesty in any 
 office, civil or military. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to ^prove and confirm the finding and 
 sentence of the Court ; and to command that the sentence should 
 be forwarded to the Lords Commissioners of His Majesty's Trea- 
 sury, with a view to their Lordship's adopting such proceedings 
 as they may think proper, for the purpose of recovering the loss 
 and damage sustained in this case. 
 
 The Commander in Chief directs, that the charges, pre- 
 ferred against Deputy Assistant Commissary General Robert 
 Ward, together with the jinding and Sentence of the Court, and 
 the Prince Regent's pleasure thereon, shall be entered in the 
 general order book, and read at the head of every regiment in His 
 Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
( 779 ) 
 LIEUTENANT EDWARD J. MOCKLER.— 1818. 
 
 Horse Guards, 1 Jan. 1818. 
 
 At a General Court Martial, held at Bellary, in the East In- 
 dies, on the 15th of August, 1816, and on subsequent days. 
 Lieutenant Edward James Mockler, of His Majesty's 84th 
 Regiment, was tried upon the following charges, viz. 
 
 1st. ' Eor appealing drank on parade. 
 
 2d. • Persondly telling mej in presence of the Adjutant, on the public 
 parade, a direct falsehood, and persisting in the same. 
 
 3d. ' For affixing his signature to a certificate attached to the state of 
 his company, of having performed a duty which he actually did not 
 execute. 
 
 4 th. 'A breach of his word of honour publicly and sblemnly pledged 
 to me his Commanding Officer, in presence of the Officers of the regi- 
 ment assembled to witness it. 
 
 (Signed) ' A. CAMPBELL, 
 
 Lieut. Colonel His Majesty's 84th Regiment.' 
 
 Upon which charges the Court came to the following deci- 
 sion : 
 
 The Court having considered the evidence on the prosecution, 
 as well as what the prisoner has urged in his defence, are of opi- 
 nion that the prisoner, Lieutenant Edward James Mockler, of 
 His Majesty's 84th Regiment, is Guilty of the 1st, 2d, and 3d 
 charges ; but the Court acquits him of the 4th charge. 
 
 The Court having found the prisoner. Lieutenant Edward 
 James Mockler, Guilty of the 1st, 2d, and 3d charges, do, by 
 virtue of the Articles of War, sentence the said Lieutenant Ed- 
 ward James Mockler to be cashiered. 
 
 Which sentence has been approved and confirmed by the 
 Commander in Chi^f of the Forces in India. 
 
 His Royal Highness the Commander in Chief directs, that 
 the foregoing charges, preferred against Lieutenant Edward 
 James Mockler, of the 84th Regiment, together with the finding 
 and SeQtence of the Court, shall be entered in the general order 
 book, and read at the head of every regiment in His Majesty's 
 service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT^Adj. Gen. 
 
( 780 } 
 LIEUTENANT WiLLlAM RUXTON.— ISIS. 
 
 Horse Guards, 2 Jan. 1818. 
 
 At a General Court Martial, held at Bangalore, in the East 
 
 Indies, on the 3d Oct. 1816, Lieutenant William Ruxton, of the 
 
 69tH Regiment, was arraigned upon the undermentioned charges, 
 
 viz. — 
 
 1st. ' For conduct unbecoming the character of an Officer and a 
 Gentleman, in having, on, or about, the middle of August, 1816, struck 
 and kicked Lieutenant Mulligan of the same regiment, while spending 
 the evening together in his own tent. 
 
 2d. ' For scandalous and infamous conduct, in the foUovving instances : 
 firsti For associating with that Officer (Lieutenant Mulligan) although 
 the insult had not been noticed ; and Second, For making public the cir- 
 cumstance to the prejudice of Lieutenant Mulligan's chai-acter, after the 
 apparent reconciUation.' 
 
 Upon which charges the Court came to the following decision; 
 
 The Court, having maturely considered the evidence adduced 
 in support of the prosecution, as also what the prisoner has 
 urged in his defence, comes to the following decision, viz. — 
 1st. that the prisoner. Lieutenant William Ruxton, is Guilty of 
 the 1st charge, but that he was impelled to strike the late Lieute- 
 nant Mulligan in his own defence ; 2d, that he is Guilty of highly 
 improper conduct, in associating with that Officer, Lieutenant 
 Mulligan, although the insult had not been noticed; but the 
 Court acquits the prisoner of all, and every other part of the 2d 
 charge namely ' of scandalous and infamous conduct, and for 
 making public the circumstance to the prejudice of Lieutenant 
 Mulligan's character, after the appatent reconciliation.' 
 
 The Court having found the prisoner. Lieutenant William 
 Ruxton, Guilty, in the above instances, which being in breach of 
 the Articles of War, it does sentence him, the prisoner, Lieute- 
 nant William Ruxton, of the 69th Regiment, to be dismissed His 
 Majesty's service. 
 
 Which sentence appears to have been approved and confirmed 
 by the Commander in Chief of the Forces in India. 
 
 His Royal Highness the Commander in Chief directs, that 
 the foregoing charges, exhibited against Lieutenant William 
 Ruxton, of the 69th Regiment, together with the finding and 
 
J. Winrow. 7BI 
 
 Sentence of the Court, shall be entered in the geiieral order 
 book, and read at the head of every regiment in His Majesty's 
 
 service 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Vide page 664 for the particulars of a previous Court 
 Martial held upon Lieutenant Ruxton. — Editor. 
 
 LIEUTENANT JOHN WINROW.— 1818. 
 
 Horse Guards, 3 Jan. 1818. 
 At a General Court Martial, held at Fort St. George, in the 
 East Indies, on the 13th January, 1817, and on subsequent days. 
 Lieutenant John Winrow, of the 1st Battalion of the 30th Regi- 
 ment was tried upon the following charge, viz. 
 
 ' For shameful aijd unofficerlike conduct, in appearing on the general 
 parade of the BattaUon, in a state of intoxication, on the evening of- the 
 30th December, 1816.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court finds the prisoner, Lieutenant John Winrow, 
 Guilty of irregular and improper conduct, in appearing on the 
 general parade of the Battalion, on the evening of the 30th of 
 December last, when not .perfectly free from the effects of 
 liquor,' but acquit him of ' shameful conduct in appearing there 
 in a state of intoxication,' as set forth in the charge. 
 
 The Court, having found Lieutenant John Winrow Guilty, as 
 above stated, do, by virtue of the Articles of War established 
 for the better government of all His Majesty's Forces, adjudge 
 and sentence him to lose two steps, by being placed immediately 
 below the two lieutenants who at present stand next to him in the 
 list of Officers of the 30th Regiment. 
 
 Which sentence has been approved and confirmed by Lieute- 
 nant General Sir Thomas Hislop, Bart. Commander of the 
 Forces hi the Presidency of Fort St. George. 
 
 His Royal Highness the Commander in Chief directs, . that 
 the foregoing charge, preferred against Lieutenant John -Win- 
 row, of the 30th Regiment, together with the finding and Sen- 
 
782 II. Driscoll. 
 
 tence of the Court, shall be entered in the general order book, 
 and read at the head of every regiment in His Majesty's service. 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Winrow died in 1818. — Editor. 
 
 LIEUTENANT HENRY DRISCOLL.— 1818. 
 
 Horse Guards, 5 Jan. 1818. 
 
 At a General Court Martial, held at Montreal, in Canada, 
 
 on the 21st July, 1817, and continued by adjournments to the 
 
 5th of August following. Lieutenant Henry Driscoll, of the 99th 
 
 Regiment, was arraigned upon the undermentioned charge, viz. 
 
 ' For having falsely, calumniously, and maliciously, traduced the cha- 
 racter of his Commanding Officer, Brevet M^or Martin, of the said 
 Regiment, in asserting in a memorial, which he the said Lieutenant 
 Henry Driscoll addressed, on, or about the 20th January, 1816, to 
 Lieutenant General Sir Gordon Dnimmond, then Commanding the 
 Forces in Canada, that he had every reason to suppose that the said 
 Brevet Major Martin, when examined on oath as a witness before a 
 Court Martial, held for the trial of the said Lieutenant Henry Driscoll, 
 at Niagara, on the 28th October, 1814, did swear what he, the said 
 Brevet Major Martin, knew to be false: and in repeating, or endeavour- 
 ing to support such accusation, or calumnious insinuation of false swear- 
 ing, in a certain paper. Writing, or address, which he, the said Lieute- 
 nant Henry Driscoll, submitted to a court of enquii-y assembled at 
 Chsuubly, on, or about the 14th March, 1816; such conduct on the 
 part of the said Lieutenant Henry Driscoll, being scandalous and infa- 
 mous, unbecoming the character of an Officer and a Gentleman, sub- 
 versive of good order and miUtary discipline, and contrary to the Articles 
 of War.' 
 
 Upon which charge the Court came to the following decision: 
 The Court, having maturely and deliberately weighed the evi- 
 dence in support of the prosecution, together with that adduced 
 by the prisoner, Lieutenant Henry Driscoll, in his defence, is of 
 opinion that he, the said Lieutenant Henry Driscoll, is Guilty of 
 ' having asserted, in a memorial addressed, on, or about, the 20th 
 January, 1816, to Lieutenant General Sir Gordon Drummond, 
 then Commanding the Forces in the Canadas, that Brevet Major 
 Martin when examined on oath, as a witness before a Court 
 Martial, held for the trial of the said Lieutenant Henry Driscoll, 
 
//. Diiscoll. 783 
 
 at Niagara, on the 28th October, 1814, did swear what he, the 
 said Brevet Major Martin, knew to be false.' 
 
 With reference to the second part of the charge, the Court is 
 of opinion that in all cases of investigation, the parties principally 
 concerned are naturally obliged to urge their cases as may ap- 
 pear to them most eligible ; so in the present instance the paper, 
 referred to ui support thereof, was not more than a document 
 deemed necessary to shew good grounds for praying for an in- 
 quiry, the Court therefore conceives that it cannot be deemed' 
 improper, that language not extraneous to the matter before a 
 Court, should be used in support of an accusation : it appears 
 to the Court, however, that the prisoner had some grounds for 
 making his assertion, but they were not sufficiently strong to au- 
 thorize his preferring so serious an accusation, it being occasioned 
 by the inadvertence of Major Martin, having given a character to 
 a man which he did not merit, and which he, the prisoner, con- 
 sidered the cause of the sentence passed upon him at his former 
 trial. 
 
 The Court conceives that malice has not been satisfactorily 
 proved, but finding the prisoner Guilty of so much of the first 
 part of the charge as is above recited, which being in breach 
 of the Articles of War, does therefore sentence him, the said 
 Lieutenant Henry DriscoU, to be placed at the bottom of the 
 Lieutenants of the Regiment, and further to be deprived of three 
 years' rank ; Commission to be dated the 3d of March, 1817.' 
 
 Previous to closing the proceedings, the Court feels it a duty 
 it owes the character and reputation of Major Martin, to ex- 
 press its entire conviction that he had not the slightest intention 
 of giving Quinn any other character than what he conceived he 
 deserved at the time he was unexpectedly called on at the former 
 trial of Lieutenant Henry Driscoll. 
 
 The Prince Regent has been . pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court ; but under all circumstances attending 
 the conduct of the prisoner, in regard to his malicious disposi- 
 tion towards Brevet Major Martin, as referred to in a dispatch 
 accompanying the proceedings from the Commander of the 
 Forces in Canada, dated the ISth September, 1817, the Prince 
 
784 P. Mo;^le, J. Bradbritlge,and E. Davis. 
 
 Regerit-has been further pleased, to consider Lieutenant Henry 
 Driscoll to be an unfit person to remain in His Majesty's ser- 
 vice, and to command that his name shall be erased from the list 
 of the army accordingly, 
 
 .The Commander in Chief directs, that the charges preferred 
 against Lieutenant Henry Driscoll, together with the finding and 
 Sentence of the Court, and the Prince Regent's pleasure thereon, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 CAPTAINS P. MOYLE, J. BRADBRIDGE, and 
 EDWARD DAVIS.— 1818. 
 
 Horse Guards, 6 Jan. 1818. 
 
 At a General Court Martial, held at the Royal Barracks, in 
 Dublin, on the 21st October, 1817, and continued by adjourn- 
 ments to the 28th of the same month. Captains Peter Moyle, 
 John Bradbridge, and Edward Davis, of the 8th (or King's) Re- 
 giment of Foot, were arraigned upon the undermentioned charges, 
 viz. — 
 
 ,1st. ' For conduct subversive of militaiy discipline, in ordering, on 
 the 17th September last, their Pay Serjeants not to receive, and prohi- 
 biting their companies from receiving, the bread which had been pro- 
 vided, by order of the Commanding Officer for the use of those compa- 
 nies, under a contract made by him for supplying the regiment vrith 
 bread, from 25th August to the 24th September, 1817. 
 
 2d. ' For endeavouring to subvert, and for acting in open violation of, 
 the authority of their Commanding OflBcer, on the morning of the 1 7th 
 of September last, in having caused bread to be brought into the bar- 
 racks which had been previously sent out of it by the Commanding Offi- 
 cer, and in causing the same to be issued to their respective companies, 
 contrary to the arrangement adopted by the Commanding Officer, for 
 the supplying of the regiment with bread by contract. 
 
 3d. ' For conduct highly irregular and unofficerUke, and in ^'iolatioIl 
 of the discipline of the army, in calling on Quarter Mastei- Kicman, on 
 the 19th September last, and ordering him not to issue bread to their 
 respective companies under the existing contract.' 
 
 Upon which charges the Court came to the following decision : 
 The 'Court, taking into their serious consideration all the evi- 
 dence laid before them, and the matters urged on the part of the 
 
p. Moyle, J. Bradbridgd) and E. Davis. 785 
 
 prosecution, and by the prisoners, in their defence, find the pri- 
 soners, Captains Peter Moyle, John Bradbridge, and Edward Da- 
 vis, Guilty of the charges as above preferred against them, and do, 
 therefore, adjudge and sentence, that the prisoners. Captains Peter 
 Moyle, John Bradbridge, and Edward Davis, shall be cashiered. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm ihe finding and 
 Sentence of the Court. 
 
 His Royal Highness taking into consideration, however, that 
 although the insubordination which has marked the conduct of 
 the prisoners, by having, in a manner, conspired to subvert the 
 orders and arrangements of their Commanding Officer, appear to 
 justify the Sentence of the Court, yet a reference to their exem-' 
 plary characters, and to the recommendation of the Court in their 
 behalf, and in that of Captain Moyle in particular, appearing to 
 sanction the exercise of a lenient disposition, in mitigation of their 
 sentence, His Royal Highness has been most graciously pleased 
 to command that Captain Moyle, in whose favour the recom- 
 mendation of the Court makes a distinction, shall be restored to 
 the functions of his commission, with a severe reprimand and ad- 
 monition to be more circumspect in his future conduct, with re- 
 ference to the orders of his Commanding Officer ; and that Cap- 
 tains Bradbridge and Davis shall be restored to their commissions, 
 with the view of being immediately placed upon the Half- pay of 
 the same. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Captain Peter Moyle, John Bradbridge, and 
 Edward Davis, of the 8th (or King's) Regiment of Foot, together 
 with the finding and Sentence of the Court, and the Prince Re- 
 gent's pleasure thereon, shall be entered in the general ordei 
 book, and read at the head of every regiment in His Majesty's 
 service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Moyle is still in the regiments-Captain Brad- 
 bridge is on the H^lf-pay of the 57th— and Captain Davis ou 
 the Half-pay of the 8th Regxment.— Editor. 
 
 3 E 
 
( 786 ) • 
 BREVET MAJOR WILLIAM BA1J.LIE.— 1818. 
 
 Horse Guards, 7 March, 1818. 
 
 At a General Court Martial, held at Whitehall, on the' 12th 
 January, 1818, and continued by adjournments to the 15th of the 
 same month. Brevet Major William Baillie, of the 25th Regi- 
 ment of Foot, was arraigned upon the undermentioned charge, viz. 
 
 ' For having, on, or about, the 22cl of Match, I8l7, promoted, en- 
 couraged, arid put himself at the head of a combination of Officers of the 
 25th Regiment, against Major James Peat, the Commanding Officer, by 
 acting together in opposition to his orders, with the view of controlling 
 the Commanding Officer in the due exercise of his proper authority, and 
 thereby effecting a division in the regiment, notvnthstSiiidiilg he was fre- 
 quently called upon by Major Peat, the Commanding Officer, for his 
 support, as 2d in command, in discountenancing and putting a stop to 
 the said combination, and foi persisting in the same insubordinate and 
 dangerous conduct, from the abovementioned time, to the 17th of May 
 following, in defiance of the express disapprobation of Colonel Edward 
 Codd, the Officer commanding the Garrison at St. Ann's, Barbadoes, all 
 such conduct being highly injurious to the discipline of the regiment, 
 and prejudicial to good order, and in direct violation of the general or- 
 ders arid regulations of the army.'. 
 
 Upon which charge the Court came to the following decision : 
 
 The Court, having maturely weighed and considered the evi- 
 dence adduced on the part of the prosecution, as well as what 
 has been offered in defence, is of opinion, that Brevet Major 
 William Baillie is Not Guilty of the charge preferred ^gainst him, 
 and does, therefore, fully acquit him. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding arid 
 Sentence of the Court. 
 
 Although the charge against Brevet Major William Baillie, is 
 not supported by evidence, yet it appeared to His Royal High- 
 ness from the proceedings, that there was a disunion among the Of- 
 ficers, which some individuals were culpably active in promoting, 
 which tended to subvert the good order and discipline, and to cast 
 discredit upon the character of so old and respectable a corps as 
 the 25th Regiment, and which perhaps in this instance could not 
 have occurred, had Major Peat exercised his command with that 
 firmness or sound discretion, which his responsible station called 
 upon him to exert, for if there existed any good reason, founded 
 upon military arrangement and discipline, for fixing the time of 
 
rV. Baillie. 7S7 
 
 messing at any particular hour, he failed in not having issued and 
 firmly enforced an order to that effect, and whether such reason 
 existed or not, he appears to have injudiciously exposed his au- 
 thority by a weak attempt to enforce it through half measures. 
 
 Though a more judicious exercise of Major Peat's discretion, 
 as a Commanding Officer, might have averted the circumstances 
 which have given rise to this Court Martial, yet the Prince Re- 
 gent has been pleased to consider that the question involved in 
 the proceedings, ought not to go forth to the army, without some 
 reference to His Majesty's regulations, in vvhich the advantages 
 of a well regulated mess, upon principles of subordination and 
 gentlemanly deference to authority, are strongly inculcated, and 
 in proportion as a respectable system of messing among the Offi- 
 cers, forms a very material feature in the disciplme of a corps, so 
 is it essential that the Commanding Officer, who is responsible 
 for its maintenance, should possess a proper authority, and have 
 the power of regulating, among other things, the hour of dining, 
 with reference to the other calls for the attendance of his Officers, 
 and according to what he considers due to the support of good 
 order and economy among them. 
 
 It is presumed that every Officer, holding a situation of such 
 responsibility and importance as attach to the command of a re- 
 giment, will exercise this authority with a discretion that need 
 not unnecessarily interfere with the convenience of individuals, 
 and His Royal Highness has been pleased to command, that the 
 attention of the army shall be fully drawn to the observance of 
 this principle so essential to discipline and good order. 
 
 The Commander in Chief directs, that the foregoing charge, 
 preferred against Brevet Major William Baillie, of the 25th Regi- 
 ment of Foot, together with the finding and Sentence of the 
 Court, and the Prince Regent's commands on this occasion, shall 
 be entered in the general' order book, and read at the head of 
 every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gea. 
 
 N. B. Brevet Major Baillie was shortly afterwards dismissed the 
 service, vide General Order of 26th Nov. 1 8 1 8,.p. 8 1 3.— Editor. 
 
 3e2 
 
( 788 ) 
 
 PAYMASTER PHILIP SMITH.— 1818. 
 
 Horse Guards, 9 March, 1818. 
 
 At a General Court Martial, held at Whitehall, on the l6th 
 January, 18 IS, and continued by adjournments to the TQth o 
 the same month. Paymaster Philip Smith, of the 25th (or King's 
 own Borderers) Regiment of Foot, was arraigned upon the un- 
 dermentioned charges, viz. 
 
 1st. ' For having concealed, with a fraudulent intention, from Brevet 
 Major Robert Terry, the Captain of the Grenadier Company, and Major 
 James Peat, the CommaDding Officer of the Regiment, between the 23d 
 February, and the 1st April, 1817, that he had in his possession 160Spanish 
 dollars, more or less, the property of the late Serjeant WiUiam Patton, 
 of the Grenadier Company, who died on the said 23d February, 1817, 
 notwithstanding several applications were made to Paymaster Smith, by 
 Brevet Major Terry, and others, concerning the effects of the deceased, 
 ■vithin the period stated, and for having, with a fraudulent intention, 
 forwarded to the Right Honourable the Secretary at War, between the 
 periods before mentioned, a false statement, knowing it to be such, of 
 the effects of the late Seijeant Patton, by which it appeared the deceased 
 was 2d. in debt, whereas. Paymaster PhiUp Smith, had in his possession 
 160 Spanish dollars, more or less, the property of the late Serjeant Pat- 
 ton, the same being highly disgraceful to the character of an Officer and 
 a Gentleman, and contrary to the Articles of War. 
 
 2d. ' For disobedience of the regimental order of the 3d April, 1817, 
 in having withheld from the Officer, commanding the Grenadier Com- 
 pany, the balance in his hands, amounting to 160 Spanish dollars, or 
 thereabouts, belonging to the late Serjeant William Patton, between the 
 3d day of April, and the 3d day of June, 1817, the same being highly 
 disgraceful to the character of an Officer and a Gentleman, and contrary 
 to the Articles of War, 
 
 3d. ' For having drawn, without authority, and withheld from Brevet 
 Major Robert Terry, Captain in the 25th Regiment, between the 25th 
 September, 1816, and the 18th Septembei-, 1817, the sum oi £57, more 
 or less, being his subsistence from 25th June to 24th September, 1816; 
 and the sum of ^56, more or less, from 25th December, 1816, to tHe 
 6th August 1817, being his subsistence from 25th September to 24th 
 December, 1816 ; the same being highly dis^acefijl to the character of 
 an Officer and a Gentleman, and contrary to the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having maturely weighed and considered the evi- 
 dence adduced on the part of the prosecution, together with what 
 has been oflfered in defence, is of opinion, that Paymaster Smith 
 is Not Guilty of concealing -with a fraudulent intent the sum 
 stated in the 1st charge, viz. * l60 dollars,' and does, therefore, 
 
p. Smith. 789 
 
 acquit him of that part of the charge ; but the Court finds that 
 he did conceal, and rendered no account of certain written notes 
 called goods, which it was customary to pass for the payment of 
 money, in Barbadoes, and upon which money was due to the 
 late Serjeant Patton, at the time of his death. 
 
 With respect to the 2d charge, the Court is of opinion that 
 Paymaster Smith is Guilty thereof, so far as it imputes to him 
 disobedience of orders ; he not having paid l60 dollars or any 
 other sum, the effects of Serjeant Patton, within the period spe- 
 cified in, and required by the said order. 
 
 With respect to the 3d charge, the Court is of opinion that the 
 charge of drawing without authority, the sum of £b7, more or 
 less, and withholding the same from Brevet Major Robert Terry, 
 for the period stated in the said charge is not made out in evi- 
 dence, and that as to the sum of £bQ, more or less, also men- 
 tioned in the said charge, the Court is of opinion, that the charge 
 of drawing the same without authority and withholding the same 
 for the period stated in the charge, is not supported by the evi- 
 dence, inasmuch as it appears that the sum of =£56 : 17s. Qd. was 
 inserted in the pay-list for the three months, ending the 24th De- 
 cember, 1816, as money to be paid by the agents, accord- 
 ing to Brevet Major Terry's directions to Paymaster Smith, from 
 St. Martin's, and that, although this sum was included in the to- 
 tal balance drawn for, by Paymaster Smith, according to his pay- 
 list account sent home to the agents, and was received by him, 
 yet, that it was so received by him and withheld, together with 
 £ol : 10s., being pay due for three months, ending September, 
 18 16, from Brevet Major Terry, for a short period after applica- 
 tion was made by the Major, in consequence of a misunder- 
 standing between the agents and the Paymaster, respecting the 
 settlement of his accounts with them. 
 
 The Court accordingly acquits Paymaster Smith of this charge. 
 
 The Court, having taken the whole of this case into considera- 
 tion, as well as the general good character given Paymaster 
 Smith for integrity, doth adjudge, that he be reprimanded at the 
 head of the 25th Regiment of Foot, at such time, and in such man- 
 ner, as His Royal Highness the Commander in Chief shall be 
 pleased to direct. 
 
790 J- Jolly. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 sentence of the Court, and to command that the prisoner, Pay- 
 master Smith, shall be publicly reprimanded at the head of the 
 25th Regiment, by the senior Officer where the corps is stationed. 
 
 The Commander in Chief directs, that the charges preferred 
 against Paymaster Philip Smith, together with the finding and 
 Sentence of the Court, and the Prince Regent's pleasure thereon, 
 shall be entered in the general order book, and read at the head 
 of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Paymaster Smith was shortly afterwards dismissed the 
 service, vide General Order of 26th Nov. 1818, p. 8 1 3. — Editor. 
 
 QUARTER ]\IASTER JOHN JOLLY.— 1818. 
 
 Horse Guards, 10 March, 1818. 
 
 At a General Court Martial, held at the Royal Barracks, 
 Dublin, on the 18th December, 1817, and continued by adjourn- 
 ments to the 5th January, 1818, Quarter Master John Jolly, of 
 the 4th (or Royal Irish) Dragoon Guards, was arraigned upon the 
 undermentioned charges, viz. 
 
 1st. ' For making excessive, exorbitant, and improper charges against 
 the non-commissioned Officers and private soldiers of the 4th, or Royal 
 Irish Regiment of Dragoon Guards, whilst stationed in the centre dis- 
 trict, and in Dublin, between the periods of the IBth day of October, 
 1816, and 24th day of June, 1817, and in some instances at a later 
 date, in various articles of regimental necessaries, comprising a stable 
 jacket, a pair of duck trowsers, a forage cap, and a pair of cloth overalls 
 for each man, which articles, as charged, he, the said Regimental 
 Quarter Master John Jolly, provided and issued to the troops of the 
 regiment. 
 
 2d. ' For having acted in disobedience to the general regulations and 
 orders of the army, dated Adjutant General's Office, Horse Guards, 12tli 
 August, 1811, page 92, he. Quarter Master John Jolly, having at the 
 times abovementioned, that is, between the 19th day of October, 1816, 
 and the 24th day of June, 1817, and in some instances at a later date, 
 continued to make the same excessive and exorbitant charges, thereby 
 obtaining a great profit, and defrauding the non-commissioned Officers, 
 and private soldiers of the 4th or Royal Irish Regiment of Dragoon 
 Guards, agaiast whom the said charges were made for the articles of ne- 
 
J. Jolly. 791 
 
 cessaries so furnished to them, being highly prejudicial and injurious to 
 their interest, and detrimental to His Majesty s service.' 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court, taking into their serious consideration all the evi- 
 dence laid before them, and the matters urged in support of the 
 prosecution, and by the prisoner in his defence, do find the pri- 
 soner, Quarter Master John Jolly, of the 4th (or Royal Irish Re- 
 giment of) Dragoon Guards, Not Guilty of the cliarges as above 
 preferred against him, and do, therefore, most fully acquit the 
 prisoner, Quarter Master John Jolly, of the said charges, and 
 from every part thereof. 
 
 The Court feel it to be their duty to observe, that it does not 
 appear that any overcharge has been made, or fraud committed, 
 by any person in the 4th Dragoon Guards, in the supply of the 
 articles of necessaries in question to the non-commissioned Offi- 
 cers and soldiers of that regiment. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court. 
 
 The Prince Regent, at the same time, taking into his considerr 
 ation, that, as appears upon the proceedings, a regimental Court 
 Martial had formerly assembled for the investigation of a com- 
 plaint preferred by some men of Captain White's troop, regard- 
 ing an alleged overcharge in certain articles of equipment, which 
 the said Court declared to be groundless, frivolous, and vexatious, 
 and that notwithstanding the concurrent opinion of the Com- 
 manding Officer of the regiment, and the General who inspected 
 it, as well as the other General Officers who subsequently investi- 
 gated the matter, that there was no ground for the allegation ; yet 
 that as Captain White took upon himself, in opposition to all this 
 authority, to persist in urging tlie complaint, it was considered 
 expedient in a case involving the interests of the soldier, to in- 
 stitute the fullest inquiry before the highest tribunal, and Captain 
 White's charges against Quarter Master Jolly, were accordingly 
 ordered for investigation before this Court Martial, in order finally 
 to decide, whether justice had been done to the meu of his troop, 
 as well as to give the Quarter Master an opportunity of vindicat- 
 
792 H. Piper. 
 
 ing his character from the aspersions which the charges of Cap- 
 tain White had cast upon it. 
 
 Quarter Master Jolly having been fully acquitted of all and 
 every part of the charges preferred against him, and the Court 
 Martial having declared that ' no overcharge appears to have been 
 made, or fraud committed, by any person in the 4th Dragoon 
 Guards, in the supply of the necessaries to the non-commissioned 
 Officers and soldiers of that regiment,' the Prince Regent has 
 been fully convinced by -such a result, of the groundless nature of 
 Captain White's representations ; and as the pertinacious conduct 
 of that Officer, in so obstinately persisting in his accusations, not 
 only evinces a reprehensible opposition to superior authority, but 
 tends mainly to subvert the discipline and good order of the regi- 
 ment, by inculcating groundless discontent and suspicion in the 
 men, against their Officers ; His Royal Highness has been pleased, 
 under all the circumstances of the case, to consider that;the con- 
 tinuance of Captain White, in the 4th Dragoon Guards, would 
 not tend to the advantage, • the concord, or the discipline of that 
 corps, and has therefore commanded that it shall be intimated to 
 him, that His Royal Highness has no further occasion for his ser- 
 vices in the army, but that he will be allowed to retire upon the 
 regulated value of his commission. 
 
 The' Commander in Chief directs, that the foregoing charges, 
 preferred against Quarter Master John Jolly, of the 4th Dragoon 
 Guards, together with the finding and Sentence of the Court, 
 and the Prince Regent's commands thereon, shall be entered in 
 the general order book, and read at the head of every regiment in 
 His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Quarter Master Jolly is still in the regiment. — Editor. 
 
 CAPTAIN HUGH PIPER.— 1818. 
 
 Horse Gmrds, 30 Jpril, 1818'. 
 
 At a General Court Martial, held at St. John's, in the Province 
 
 of New Brunswick, on the 6th of August, 1817, and subsequent 
 
H. Piper. 793 
 
 days, Captain Hugh Piper, of the 100th Regiment, was arraigned 
 upon the undermentioned charges, viz. 
 
 1st. 'For conduct unbecoming an Officer commanding a detachment, 
 in transfen-ing Thomas Clarke, Alexander M'Gregor, and Morris Caton, 
 three soldiers of the 100th Regiment, being part of the said detachment 
 under his command, from the militaiy to the civil power, without espe- 
 cially reporting the same to the commandant of the garrison, between the 
 20th day of June, and the 20th day of July last. 
 
 2d. ' For not specially reporting to the commandant, the desertion of 
 four men of the 100th Regiment, being part of the detachment under his 
 command, on, or about, the 3d day of July last. 
 
 3d. ' For having, on, or about, the evening of the 3d day of July last, 
 sent a party of tbe said detachment out of the ganison in pursuit of de- 
 serters, without reporting it to the commandant, some of which party 
 did not return to the garrison until the evening of the 5th following. 
 
 4 th. ' For conduct unbecoming an Officer commanding a detachment 
 of tlie 100th Regiment, in refusing on the 9th day of July last, to confine 
 Serjeant Creamer, and a private of the same regiment, who were charged 
 with the crime of having shot at, and dangerously wounded, a woman 
 whose life was supposed to be despahed of, although requested so to do, 
 by a letter from the Honourable Judge Saunders, one of the Justices of 
 His Majesty's Supreme Court of the Province, and making a con- 
 temptuous reply to the Honourable Judge's Letter, in the presence of 
 George Wetmore, Esq. Attorney at Law, who at the request of Thomas 
 AVetmore, Esq. His Majesty's Attorney General, delivered the same. 
 
 5th. ' For conduct unbecomiiig an Officer commanding a detachment, 
 by reporting in his letter of the 10th of July last, in reply to an order of 
 the same date, (requesting the confinement of Seijeant Creamer and the 
 person who fired at the woman,) that he did not know the man, who it 
 was said had fired at the woman, although he had previously told His 
 Majesty's Attorney General, the man's name, and aftenvards in a personal 
 conference with the commandant, stated he was one of the best men in 
 the regiment. 
 
 6th. ' For contemptuous and disrespectful conduct towards the com- 
 mandant, on the 11th day of July last, in turning away from him when 
 he requested to speak with Captain Piper, on duty, and saying he was 
 busy then, and would speak to him when disengaged, or to that eftect. 
 
 7th. ' For refusing, on the 10th day of July last, in his letter to the 
 commandant, to attach any responsibiUty to himself for the safety of a 
 party of the detachment under his command, whom he had confined in 
 consequence of an order issued by the commandant for shooting at, and 
 dangerously wounding a woman, and permitting the said man afterwards 
 to be at large within the limits of the Barrack Square. 
 
 8th. ' For conduct unbecoming an Officer commanding a detachment 
 of the 100th Regiment, for placing two men of the detachment under 
 his command in confinement on the 10th day of July last, under colour 
 of an order from the commandant, on a charge of shooting at and dan- 
 gerously wounding a woman, for the purpose of conceahng the real 
 offender, from, and obsti-ucting the cause of, Justice. 
 
794 E. Sutherland. 
 
 9th. ' For conduct unbecoming an Officer commanding a detachment 
 of the 100th Regiment, in neglecting to report to the commandant, on, 
 or about, the 12th day of July last, that Private M'Gregor, of the 100th 
 Regiment, who had been tried by the civil law, for the murder of Private 
 Walsh, of the same regiment, had been given up by the civil power, and 
 had joined his corps. 
 
 10th. 'For having, vritbout authority, on, or about, the 19th day of 
 July last, ordered Assistant Surgeon Price, of the 100th Regiment, then 
 in the garrison of Frederickton, to give over the gai-rison hospital, toge- 
 ther with His Majesty's stores, medicines, instruments, &c. committed to 
 his particular cai'e as medical officer, to Thomas Emerson, a private prac- 
 titioner, and on the latter having declined to take charge of the> same, 
 compelled Assistant Surgeon Price, by his second order of the 1 9th of 
 July, delivered by Ensign M'William, of the same regiment, to deliver 
 the same over to Seijeant Dennis Murphy, who gave his receipt for the 
 same, countersigned by Captain Piper. 
 
 1 1th. ' For disobedience of orders, in not having made a specific and 
 official report of Thomas Caton, a soldier of the 100th Regiment, being 
 brought into the garrison, on, or about, the 19th day of Jtdy last, a pri- 
 soner from St. Andrew's, by the civil power, whose desertion from the 
 garrison had never been reported to the commandant.' 
 
 Upon the whole of which charges the Court Martial acquitted 
 Captain Piper, of the 5th and 8th charges honourably. 
 
 The Sentence of the Court has been approved and" confirmed 
 by Lieutenant General the Earl of Dalhousie, commanding His 
 Majesty's Forces in Nova Scotia. 
 
 His Royal Highness he Commander in Chief directs, that the 
 foregoing charges, preferred against Captain Hugh Piper, of the 
 100th Regiment, together with the finding of the Court, shall be 
 entered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R.H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Captain Piper is now upon the Half-pay of the Regiment. — 
 Editor. 
 
 LIEUTENANT E. SUTHERLAND.— 1818. 
 
 Horse Guards, 4 May, 1818. 
 At a General Court Martial, held at St. John's, New Bruns- 
 wick, on the nth day of August, 1817, and on subsequent days, 
 Lieutenant Edward Sutherland, of the 100th Regiment, was ar- 
 raigned upon the undermentioned charges, viz. 
 
E. Sutherland. 795 
 
 1st. ' For conduct unbecoming an Officer, in declaring to the Town 
 Major he would not take his guard until the pard-room was properly 
 furnished, and afterwards disrespectfully refusing such articles of fiirni- 
 ture as were supplied by the Town Major, on a plea that they were not 
 issued from the bai-rack-store. 
 
 '2d. ' For a breach of military discipline, in having, without any au- 
 thority for so doing, rescinded a permanent order existing in the garri- 
 son, and which had been received by the guard previous to his (Lieute- 
 nant Sutherland) being put on duty. 
 
 3d. ' For unofficerlike conduct, in irregularly giving orders to the 
 sentry without communicating the same to the non-commissioned Offi- 
 cer of his guard, in conformity with the established regulations of all 
 guards, which order was to prohibit the guard turning out to the Com- 
 mandant, proving by such public and insubordinate conduct, his con- 
 tempt of his superior Officer. 
 
 4th. ' For unofficerlike conduct, in making the following statement in the 
 presence of the Commandant, Town Major and Ensign Minchin, that on 
 Sunday evening, July 13th, upon taking the guai-d, he ordered the sentiy 
 not to turn out the guard as usual to the Commandant, on the same even- 
 ing he consulted Captain Mason on the propriety of his doing so, who 
 told him it was a compliment to which the Commandant was entitled, 
 that he (Lieutenant Sutherland) being convinced of his error, ordered 
 the sentiy to tuni out the guard when the Commandant passed 5 whereas 
 it appears the only order given by Lieutenant Sutherland while on 
 duty, and that verbally to the sentry, between the hours of four and six 
 on Monday morning, was not to turn out the guard, and that several 
 hours after his conference with Captain Mason upon the subject, which 
 disrespectful order was carried through successive guards.' 
 
 The Court, having deliberately and maturely weighed and con- 
 sidered the evidence adduced in support of the charges against 
 Lieutenant Edward Sutherland, of the 100th Regiment, the pri- 
 soner's defence, and the evidence adduced in support thereof, is 
 of opinion : 
 
 As to the 1st Charge, that the prisoner is Not Guilty, and the 
 Court do, therefore, acquit him. 
 
 As to the 2d Charge, that the prisoner is Not Guilty, and the 
 Court do, therefore, acquit him. 
 
 As to the 3d Charge, that the prisoner is Not Guilty, and the 
 Court do, therefore, acquit him. 
 
 As to the 4th Charge, that the prisoner is Not Guilty, and the 
 Court do honourably acquit him of the same. 
 
 The proceedings and finding of the Court were approved and 
 ponfiimcd by Lieutenant General the Earl of Dalhousie, Conir 
 inandiug in Nova Scotia. 
 
796 J. Moffett. 
 
 His Roya} Highness the Commander in Chief directs, that the 
 foregoing charges, preferred against Lieutenant Edward Suther- 
 land, of the 100th Regiment, together with the finding of the 
 Court shall be entered in the general order book, and read at 
 the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Sutherland is now upon the Half-pay of the 
 regiment. — Editor. 
 
 ENSIGN JOHN MOFFETT.— 1818. 
 
 Horse Guards, 6 May, 1818. 
 
 At a General Court Martial, held at Trincomalie, on the 10th 
 
 September, 1817, and continued by adjournments until the 13th 
 
 of the same month. Ensign John Moffett, of the 19th Regiment 
 
 of Foot, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For unofficerlike, insubordinate and mutinous conduct towards 
 me, his Gommanding Officer, in Fort Frederick, between seven and eight 
 o'clock in the evening of Wednesday, the 13th August, 1817, in pub- 
 licly asserting that I was a damned rascal, scoundrel, and coward, or 
 words to that effect, and that he would shoot me. 
 
 2d. ' For immediately after breaking his an'est, into which he had 
 been ordered by me, in consequence of the behaviour set forth in the 
 1 St charge, and following me in the streets of the Fort, and repeating 
 the language set forth in the 1st charge. 
 
 ' Such conduct being to the prejudice of -good order and militaiy disci- 
 pline, and in breach of the Articles of War.' 
 
 (Signed) ' W. H. RAINSFORD, 
 Lieut. Col. 19th Regiment, and Col. Commanding." 
 
 Upon which charge the Court came to the following decisiofi : 
 
 The Court, having duly considered the evidence brought for- 
 ward in support of the charges exhibited against the prisoner. 
 Ensign John Moffett, of the IQth Regiment, together with what 
 he has alleged in his defence, is of opinion that he is Guilty of 
 that part of the Istcharge which accuses him of 'unofficerlike 
 and insubordinate conduct towards his Commanding Officer, 
 Colonel Rainsford, in Fort Frederick, between seven and eight 
 o'clock, in the evening of Wednesday, the 13th August, 1817, 
 
F. Lahrbusch. 797 
 
 and of publicly asserting that he, the said Colonel Rainsford, 
 ' was a damned rascal, scoundrel, and coward, or words to that 
 eflfect, and that he would shoot him, the said Colonel Rainsford.' 
 
 The Court is further of opinion, that the prisoner is Guilty of 
 the whole of the 2d charge, namely, for immediately afterwards 
 breaking his arrest, into which he had been ordered by Colonel 
 Rainsford, his Commanding Officer, in consequence of the be- 
 haviour set forth in the 1st charge, and following the said Colo- 
 nel Rainsford, in the streets of the Fort, and repeating the lan- 
 guage set forth in the I st charge. 
 
 The Court being of opinion that the prisoner is Guilty as 
 above, doth, therefore, sentence him, the said Ensign John Mof- 
 fet, of the 19th Regiment, to be cashiered. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court. 
 
 His Royal Highness the Commander in Chief directs, that 
 the foregoing charges preferred against Ensign John Moffett, of 
 the 19th Regiment, together with the finding and Sentence of 
 the Court, shall be entered in the general order book, and read 
 at the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT F. LAHRBUSCH.— 1817- 
 
 Horse Guards, 8 July, 1818. 
 
 At a General Court Martial, held at the Cape of Good Hope, 
 on the 26th January, 18)8, and continued by adjournments to 
 the 4th of February following. Lieutenant Frederick Lahrbusch, 
 of the 1 st Battalion 60th Regiment, was arraigned upon the un- 
 dermentioned charges, viz. 
 
 1st. ' For scandalous and infamous conduct, in having obtained goods 
 on credit, at the public vendues, and from several merchants in Cape 
 Town, between the 1st July, and 31st December, 1817, to an amount 
 far beyond any means he had, or was in expectation of having, to defray 
 such purchase. 
 
 2d. '.For svrindling and wilfully defrauding divers persons in Cape 
 Town, in having obtained goods on credit, as stated in the 1st charge, 
 and immediately afterwards disposing of the same below their real value. 
 
798 T. Harrison. 
 
 and applying the proceeds to his own nse ; such conduct being highly 
 disgraoeftil to the character of an Officer and a Gentleman, subversive 
 of good order and military discipline, and in breach of the Articles of 
 War.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having maturely and deliberately considered the 
 evidence produced against the prisoner, Lieutenant Frederick 
 Lahrbusch, 1st Battalion 60th Regiment, together with what he 
 has brought forward in his defence, are of opinion that the said 
 prisoner, Lieutenant Frederick Lahrbusch, of the 1st Battalion 
 6Qth Regiment, is Guilty, of the ],st charge. 
 
 The Court are also of opinion that the said prisoner, Lieute- 
 nant Frederick Lahrbusch, of the 1st Battalion 60th Regiment, 
 is Guilty of the 2d charge. 
 
 The Court do, therefore, sentence the said prisoner, Lieu- 
 tenant Frederick Larbusch, of the 1st Battalion 60th Regiment, 
 to be cashiered. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court. 
 
 His Royal Highness the Commander in Chief directs, that 
 the foregoing charges preferred against Lieutenant Frederick 
 Lahrbusch, of the 1st Battalion of the 60th Regiment, together 
 with the finding and Sentence of the Court, shall be entered in 
 the general order book, and read at the head of every regiment 
 in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT THOMAS HARRISON.— 1818. 
 
 Hotse Guards, 10 My, 1818. 
 
 At a General Court Martial, held at Cambray, in France, on 
 
 the l6th April, 1818, and continued by adjournments to the 
 
 24th of the same month, Lieutenant Thomas Harrison, of the !)th 
 
 Regiment, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For disobedience of the orders of the 9th Regiment, in em- 
 ploying William Finn, as bat-man and sei"vant, without the leave of 
 his Commanding Officer, between the 1st and 18th July, 1817, and for 
 
T. Harrison. 799 
 
 falsely returning the said William Finn, in the daily states of the com- 
 pany under his Command, •' present on parade ;' and further, foi- wilfiil 
 disobedience of the orders of his Commanding Officer, in again employ- 
 ing the said William Finn as a bdt-man between the 20th October, and 
 the 10th November, 1817, and falsely returning him daily during that 
 period, ' present on parade,' and also in employing Private John Jones 
 as b4t-man, without silch leave, between the 14th and 29th November, 
 1817, and falsely returning him ' present on parade,' during that period. 
 
 2d. ' For falsely returning Private John Mollis, as bdt-man to the 
 company under his Command, between the 20th of October, and 30th 
 November, 1817, during which period he was not so employed, but 
 ordered by Lieutenant Hanison to mount the callage guard, at Hermis, in 
 the place of Private William Finn. 
 
 3d. ' For gross irregularity as Officer Commanding the company, in 
 allowing Private John HoUis to keep a cart and horse, in conjunction 
 with a French woman, when oi-dered as bat-man to the company, dur- 
 ing the encampment of the regiment on the Glacis of Cambray, in July, 
 1817, and further in allowing the said John HoUis to quit his billet, 
 vrithout reporting him in his weekly reports, and to hire a house, with 
 the same woman, for the purpose of selling liquor, vegetables, &c. to 
 the company at Hermis, between the 20th October, and 30th Novem- 
 ber, 1817, and returning him as bat-man to the company, during the 
 last mentioned period, to the prejudice of good order and military dis- 
 cipline. 
 
 4th. ' For wilful neglect of duty, and direct disobedience of the re- 
 gimental orders, of the 9th November, 1817, while in Command of the 
 company, in permitting Private John Hollis to continue to keep, and 
 live with a French woman, within the cantonments of the company. 
 
 5th. ' For behaving in a scandalous, infamous manner, such as is 
 unbecoming the character of an Officer and a Gentleman, in selling a 
 certain quantity of vegetables, growing in a garden at Bugny, to Pri- 
 vate John Hollis, and receiving from him ten francs for the same, and 
 also in selling to the said private, and receiving money fi-om him, for a 
 large quantity of hay, corn, vetches, and forage, part of which had been 
 drawn by Lieutenant Harrison, as his rations, on, or about, the 29th 
 November, 1817. 
 
 6th. ' For behaving in like manner, in selling to Serjeant Hugh 
 M'Caffery, of the 9th Regiment, thirty bushels of potatoes, and pre- 
 vailing on him to take the same, in lieu of money due to him as Pay- 
 Seijeant to the company, with a view of his obtaining a profit thereon 
 fi-om the company, and in giving the said Serjeant an order on the Pay- 
 master for £-i : 9s. 7d., as the balance due to him as Pay Serjeant, 
 which sum exceeded the balance left by Lieutenant Hai-rison in thfe 
 hands of the Paymaster, whereby £1 : I3s. 7d., or thereabouts, still re- 
 mains due to the said Pay Serjeant, on, or about, the time last above 
 mentioned.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely and deliberately weighed and 
 
 considered the evidence adduced in the prosecution against the 
 
800 T. Harrison. 
 
 prisoner, Lieutenant Thomas Harrison, of the Qth Regiment of 
 Foot, together with what he has submitted in his defence, and 
 the evidence thereon, are of opinion that he is Guilty of the 1st 
 and 2d charges preferred against him. 
 
 With regard to the 3d charge, the Court are of opinion that 
 the prisoner. Lieutenant Thomas Harrison, of the 9th Regi- 
 ment, is Guilty of so much of the charge as follows, viz. 
 
 ' For gross irregularity as OfiBcer Commanding the company, 
 in allowing Private John Hollis, to keep a cart and horse in con- 
 junction with a French woman, when ordered as bat-man to the 
 company, during the encampment of the regiment on the Glacis 
 of Cambray, in July, 1817, and further in allowing the said John 
 Hollis to quit his billet, without reporting him in his weekly re- 
 port, for the purpose of selling liquor, vegetables, &c. to the 
 company at Hermis, between the 20th October, and the oOth 
 November, 1817, and returning him as bat-man to the company, 
 during the last mentioned period, to the prejudice of good order 
 and military discipline.' 
 
 With regard to the 4th charge, the Court are of opinion that' 
 the prisoner is Guilty thereof. 
 
 On the 5th charge, the Court are of opinion that the prisoner 
 is Guilty of so much of the charge as follows, viz. 
 
 ' For behaving in a manner, such as is unbecoming the charac- 
 ter of an Officer and a Gentleman, in selling a certain quantity of 
 vegetables, growing in a garden at Bugny, to Private John Hol- 
 lis, and receiving from him ten francs for the same, and also 
 in selling to the said private, and receiving money from him, for 
 a large quantity of hay, com, vetches, and forage, part of which 
 had been drawn by Lieutenant Harrison, as his rations, on, or 
 about, die 29th November, 1817,' hut the Court acquit the pri- 
 soner of ' behaving in a scandalous and infamous manner.' 
 
 On the 6th charge, the Court are of opinion that the prisoner 
 is Guilty of so much of the 1st part of the said charge preferred, 
 as follows, viz. ' for behaving in a manner unbecoming the cha- 
 racter of an Officer and a Gentleman, in selling to Serjeant Hugh 
 M'CafFery, of the 9th Regiment, thirty bushels of potatoes, and 
 prevailing on him to take the same in lieu of money due to him, 
 as Pay Serjeant to the company, with a view of his obtaining a 
 
W. reeling. 80i 
 
 profit thereon from the company/ but the Court acquit the pri- 
 soner of ' behaving in a scandalous and infamous manner.' 
 
 With regard to the latter part of the 6th charge, so exhibited 
 against the prisoner, viz. ' and in giving the said serjeaut an 
 order on the Paymaster, for £4 : 9s. Id., as the balance due to 
 him as Pay-serjeant, which sum exceeded the balance left by 
 Lieutenant Harrison in the hands of the Paymaster, whereby 
 £). : 13«. Id., or thereabouts, still remains due to the said Pay- 
 serjeant, on, or about, the time last abovementioned ;' the Court 
 are of opinion that the prisoner is Not Guilty of the same, and 
 do most fully acquit him thereof, it having appeared in evidence, 
 that the order given by Lieutenant Harrison, was to be paid at 
 two different periods, and that a sum exceeding the amount of the 
 order (viz. 1 Is. Q\d.) would actually have remained in the hands 
 of Paymaster Hall, at the time of Lieutenant Harrison's proceed- 
 ing to join the d6p6t of the regiment, and that, on the payment of 
 the contingent allowance, there would be funds more than suf- 
 ficient to pay what remained due of the order. 
 
 The Court having found the prisoner, Lieutenant Thomas 
 Harrison, of the 9th Regiment of Foot, Guilty, as above stated, 
 being in breach of the Articles of War, do, by virtue thereof, 
 sentence him to be cashiered. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court ; and the Commander in Chief directs, 
 that the foregoing charges, preferred against the prisoner, Lieu- 
 tenant Thomas Harrison, of the yth Regiment of Foot, together 
 with the finding and Sentence of the Court, shall be entered in the 
 general order book, and read at the head of every regiment in His 
 Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUTENANT WALTER TEELING.— 1818. 
 
 Horse Guards, 14 July, 1818. 
 
 At a General Court Martial, held at Cork, on the 27th of 
 
 April, 1818, and continued by adjournments until the 7th May, 
 
 3 F 
 
804 W.TMing. 
 
 to Richard Gfegg, being part of a sum of £9, and of having de- 
 layed payment of the same, by various delays and excuses/ but 
 the Court acquits the prisoner, in as much as the part of the 
 charge as above stated does not amount to ' scandalous and infa- 
 mous conduct, and of having obtained the said sum by false re- 
 presentations and pretences.' 
 
 With respect to the 3d part of the 4th charge, the Court is of 
 opinion that the prisoner is Guilty, viz. ' for scandalous and in- 
 famous conduct, in having, by false representations and pretences, 
 procured from Rebecca Meade and Son, merchants, at Birr, be- % 
 tween the months of March and October, 1817, the sum of jf2f>, 
 and in having by various delays and excuses withheld payment 
 up to the present time of £o, part of the said sum of £'iQ.' 
 
 With respect to the 6th charge, the Court is of opinion that 
 the prisoner is Guilty. 
 
 The Court, having found the prisoner. Lieutenant Walter 
 Teeling, of the 97th Regiment, Guilty, as specified, viz. of the 
 1st charge, the 2d part of the 2d chai-ge, the 3d charge, the Ist 
 part of the 4th charge, part of the 2d part of the 4th charge, the 
 Sd part of the 4th charge, and the 5th charge, preferred against 
 him, which being in breach of the Articles of War, does, there- 
 fore, adjudge the prisoner, Lieutenant Walter Teeling, of the 
 97th Regiment, to be dismissed from His Majesty's service, and 
 to forfeit all the arrears of his pay, for the settlement of the sum 
 of of 69 : 14s. 5Jd. which he has been found Guilty of having em- 
 bezzled or misapplied, viz. ^£20 : 13s., on account of subsistence 
 for the detachment, when quartered at Skibbereen ; ,£2 : 7s. lOrf. 
 due to Robert JBitcher, for meat furnished the detachment when 
 stationed at Buttevant ; £4% : 14s. 1 Jrf. to Quarter Master 
 Kenny, for necessaries furnished for Captain de Lisle's company, 
 andjfS: 18s. lOrf. for flannel, bafFety, and other small articles, 
 furnished by Mr. John Attridge, of Skibbereen, for the use of the 
 detachment. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court ; but in consideration of the good charac- 
 ter, which, by the testimony of the Field Officers of the 97tli 
 Regiment, the prisoner appears to have borne for many years, 
 
T. Mhott. 805 
 
 together with his long services, and the distressed situation of his 
 family, His Royal Highness has been further pleased to extend 
 to him, Lieutenant Teeling, his gracious clemency, and to com- 
 mand that he shall be restored to his commission, and placed 
 upon Half-pay. 
 
 The Commander in Chief directs, that the foregoing charges, 
 together with the finding and Sentence of the Court, and the 
 Prince Regent's pleasure thereon, shall be entered in the general 
 order book, and read at the head of every regiment in His Ma- 
 jesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Geo. 
 
 N. B, Lieutenant Teeling is now upon the Half-pay of the Re- 
 gimen t. — Editor. 
 
 LIEUTENANT THOMAS ABBOTT.— 1818. 
 
 Horse Guards, 1 8 Sept. 1818. 
 At a General Court Martial, held at Antigua, on the 13th No- 
 vember, 1817, and continued by adjournments to the 18th of the 
 same month. Lieutenant Thomas Abbott, of the 1st West Lidia 
 Regiment, was arraigned upon the undermentioned charges, w. 
 
 1st. ' For scandalous and infamous conduct, nnbecoming the character 
 of an Officer and a Gentleman, in entering the room where Captain 
 Nickson, his superior Officer, was in bed and sleeping, in St. John's bar- 
 racks, in the Island of Antigua, on the night of the 6th, or early on the 
 morning of the 7th October, 1817, accompanied by Ensign William 
 Dunn Fields, of the 1st West India Regiment, and when Captain Nick- 
 son was in an unprepared and defenceless situation, and then and there 
 using, gross, insulting, and abusive language to Captain Nickson, and 
 knocking him down, and kicking him after he had been so knocked down, 
 and continuing so to do, until Hospital Assistant Oliver came into the 
 room, and by force, took away both of them, the said Lieutenant Abbott 
 and Ensign Fields. 
 
 2d. ' For scandalous, and infamous conduct, unbecoming the cha- 
 racter of an Officer and a Gentleman, in returning to the door of the 
 room where Captain Nickson was, notwithstanding he had shortly before 
 been taken away, by Hospital Assistant Oliver, and again abusing, strik- 
 ing at, and kicking. Captain Nickson, and continuing so to do, until he 
 was a second time taken away by Hospital Assistant Oliver j the whol? 
 of such conduct being utterly subversive of all military subordination and 
 ■good order, and in breach of the-Articles of War.' 
 
806 T.Abbott. 
 
 Upon which chaEges the Court came to the following de- 
 cision : ; 
 
 The Court, having maturely and deliberately weighed, and con- 
 sidered the evidence in support of the chm-ges adduced against 
 the prisoner, Lieutenant Thomas Abbott, of the 1st West India 
 [Regiment, as well as what he has offered in his defence, is of 
 opinion as follows, viz. 
 
 That he, the said Lieutenant Thomas Abbott, of the 1st West 
 India Regiment, is Guilty of those counts of the 1st charge, 
 which accuse him of ' entering the room where Captain Nickson 
 was, and of making use of violent and abusive language to, and 
 Sitriking the said Captain Nickson, of the 1 st West India Regi- 
 ment, his superior Officer ;' but as sufficient evidence has not 
 been brought forward to convict the prisoner of the latter count, 
 which charges him with * kicking the said Captain Nickson,' the 
 Court doth acquit him thereof. 
 
 With respect to the 2d charge, the Court is of opinion, that 
 the whole hath been fully proved against the prisoner. Lieutenant 
 Thomas Abbott, of the 1st West India Regiment, with the ex- 
 ception of that part of it which charges him with 'again kicking 
 Captahi Nickson,' to convict him of which, sufficient evidence 
 has not beep produced. 
 
 The Court, having thus fouiid the prisoner, Lieutenant Tho- 
 mas Abbott, of the 1st West India Regiment, Guilty of the prin- 
 cipal parts oi the charges exhibited against him, in breach of the 
 Articles of War, doth sentence and adjudge him, the said Lieu- 
 tenant Thomas Abbott, of the 1st West India Regiment, to be 
 cashiered. 
 
 The Court cannot close its proceedings' without adverting to 
 the great provocation, and galling language made use of towards 
 the prisoner. Lieutenant Thomas Abbott, of the 1st West India 
 Regiment, and which it appears from the testimony brought 
 forward in his defence, was given personally ; this, together with 
 the high character given him by his Commanding Officer, who it 
 is evident, until the'present unfortunate occurrence, conceived him 
 worthy of his favour and protection, induce the Court to inter- 
 cede in his behalf, and it doth, therefore, most humbly, and re- 
 spectfully recommend the prisoner. Lieutenant Thomas Abbott, 
 
W.D, Fields. 807 
 
 of the Ist West India Regiment, to the gracious clemency of His 
 Royal Highness the Prince Regent. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, but under all the circumstances attending 
 this case, and particularly those which have induced the recom- 
 mendation of the Court in behalf of the prisoner. His Royal 
 Highness has been further pleased to extend to him his most gra- 
 cious clemency, and to command that he. Lieutenant Abbott, 
 shall be restored to his commission, and placed upon Half-pay. 
 
 The Commander in Chief directs, that the foregoing charges, . 
 preferred against Lieutenant Thomas Abbqtt, of the 1st West 
 India Regiment, together with the finding and Sentence of tha 
 Court, and the Prince Regent's pleasure thereon, shall be en-, 
 tered in the general order book, and read at the head of every re- 
 giment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj! Gen. 
 
 N. B. Lieutenant Abbott is now upon the Half-pay of the Regi- 
 ment. — Editor. 
 
 ENSIGN WILLIAM DUNN FIELDS.— 1818. 
 
 Horse Guards, 22 Sept. 1818.' 
 At a General Court Martial, held at Antigua, on the 2 1st No- 
 vember, 1817, and continued by adjournments to the 28th of the 
 same month. Ensign William Dunn Fields, of the 1st West India 
 Regiment, was arraigned upon the undermentioned charges, viz. 
 
 1 St. ' For scandalous and infamous conduct, unbecoming the character 
 of an Officer and a Gentleman, in entering the room where Captain 
 Nickson, his superior Officer, was in bed and sleeping, in St. John's 
 Barracks, in the Island of Antigua, on the night of the 6th, or morning 
 of the 7th October, 1817, accompanied by Lieutenant Thomas Abbott, 
 of the 1st West India Regiment, and when Captain Nickson was in an 
 unprepared and defenceless situation, and in his own quarters, and then 
 and there aiding, and abetting, and supporting Lieutenant Thomas 
 Abbott, whilst he. Lieutenant Thomas Abbott, was using gross, insult- 
 ing, and abusive language to Captain Nixon, and whilst he. Lieutenant 
 Abbott, was repeatedly striking Captain Nixon, and kicking him, when 
 he. Captain Nixon, had been knocked down by Lieutenant Abbott, and 
 
806 K Abbott. 
 
 Upon which charges the Court came to the following de- 
 cision : 
 
 The Court, having maturely and deliberately weighed, and con- 
 sidered the evidence in support of the charges adduced against 
 the prisoner. Lieutenant Thomas Abbott, of the 1st West India 
 Regiment, as well as what he has offered in his defence, is of 
 opinion as follows, viz. 
 
 That he, the said lieutenant Thomas Abbott, of the 1st West 
 India Regiment, is Guilty of those counts of the 1st charge, 
 which accuse him of ' entering the room where Captain Nickson 
 ■was, and of making use of violent and abusive language to, and 
 striking the said Captain Nickson, of the 1 st West India Regi- 
 ment, his' superior Officer ;' but as sufficient evidence has not 
 been brought forward to convict the prisoner of the latter count, 
 which charges him with ' kicking the said Captain Nickson,' the 
 Court doth acquit him thereof. 
 
 With respect to the 2d charge, the Court is of opinion, that 
 the whole hath been fully proved against the prisoner. Lieutenant 
 Thomas Abbott, of the 1 st West India Regiment, with the ex- 
 ception of that part of it which charges him with * again kicking 
 Captain Nickson,' to convict him of which, sufficient evidence 
 has not been produced. 
 
 The Court, having thus found the prisoner. Lieutenant Tho- 
 mas Abbott, of the 1st West India Regiment, Guilty of the prin- 
 cipal parts flf the charges exhibited against him, in breach of the 
 Articles oi War, doth sentence and adjudge him, the said Lieu- 
 tenant Thomas Abbott, of the 1st West India Regiment, to be 
 cashiered. 
 
 The Court cannot close its proceedings without adverting to 
 the great provocation, and galling language made use of towards 
 the prisoner. Lieutenant Thomas Abbott, of the 1 st West India 
 Regiment, and which it appears from the testimony brought 
 forward in his defence, was given personally ; this, together with 
 the high character given him by his Commanding Officer, who it 
 is evident, until the present unfortunate occurrence, conceived him 
 worthy of his favour and protection, induce the Court to intei^ 
 cede in his behalf, and it doth, therefore, most humbly, and re- 
 spectfully recommend the prisoner. Lieutenant Thomas Abbott, 
 
W.D. Fields. S07 
 
 of the 1st West India Regiment, to the gracious clemency of His 
 Royal Highness the Prince Regent. 
 
 The Prince Regent has been pleased, in the name and on the 
 behalf of His Majesty, to approve and confirm the finding and 
 Sentence of the Court, but under all the circumstances attending 
 this case, and particularly those which have induced the recom- 
 mendation of the Court in behalf of the prisoner, His Royal 
 Highness has been further pleased to extend to him his most gra- 
 cious clemency, and to command that he. Lieutenant Abbott, 
 shall be restored to his commission, and placed upon Half-pay. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Lieutenant Thomas Abbqtt, of the 1st West 
 India Regiment, together with the finding and Sentence of the 
 Court, and the Prince Regent's pleasure thereon, shall be en- 
 tered in the general order book, and read at the head of every re- 
 giment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Cl^ief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant Abbott is now upon the Half-pay of the Regi- 
 ment. — Editor. 
 
 ENSIGN WILLIAM DUNN FIELDS.— 1818. , 
 
 Horse Guards, 22 Sept. 1818.' 
 At a General Court Martial, held at Antigua, on the 2 1st No- 
 vember, 1817, and continued by adjournments to the 28th of the 
 same month. Ensign William Dunn Fields, of the 1st West India 
 Regiment, was arraigned upon the undermentioned charges, viz. 
 
 1st. 'For scandalous and infamous conduct, unbecoming the character 
 of an Officer and a Gentleman, in entering the room where Captam 
 Nickson, his superior Officer, was in bed and sleeping, in St. John's 
 Barracks, in the Island of Antigua, on the night of the 6th, or morning 
 of the 7th October, 1817, accompanied by Lieutenant Thomas Abbott, 
 of the 1st West India Regiment, and when Captain Nickson was in aa 
 unprepai-ed and defenceless situation, and in his own quarters, and then 
 and there aiding, and abetting, and supporting Lieutenant Thomas 
 Abbott, whilst he, Lieutenant Thomas Abbott, was using gross, insult- 
 ing, and abusive language to Captain Nixon, and whilst he. Lieutenant 
 Abbott, was repeatedly striking Captain Nixon, and kicking him, when 
 he, Captain Nixon, had been knocked down by Lieutenant Abbott, and 
 
808 w. D. Fields. 
 
 for continuing so to aid, abet, and support. Lieutenant Abbott in such his 
 conduct, until Hospital Assistant Oliver came into the room, and by 
 force took away both of them, the said Lieutenant Abbott, and Ensign 
 Fields. 
 
 2d. ' For conduct unbecoming the character <rf an Officer and a Gen- 
 tleman, in not endeavoming to prevent Lieutenant Abbott from using 
 gross, insultuig, and abusive language, and from ofifering great personal 
 violence to Captain Nickson, their superior officer, on the night of the 
 eth, or early in the morning of the 7th October, 1817, when Captain 
 Nickson was in his own quarters, but, on the contrary, by his presence 
 and behaviour, encouraging Lieutenant Abbott to continue and persist in 
 such his most unwarrantable proceedings towards Captain Nickson, the 
 whole of the conduct of Ensign Fields being utterly subversive of all 
 good order and military discipline, and in breach of the Articles of War.' 
 
 Additional charges preferred against Ensign William Dunn 
 Fields, 1st West India Regiment, by Lieutenant Colonel Whitby, 
 commanding 1st West India Regiment. 
 
 1st. ' For absenting himself from his quartei-s, at unseasonable hours, 
 on the night of the 19th November, 1817, he being, at the time, under 
 arrest, on charges already prefen'ed against him. 
 
 2d. ' For scandalous and infamous conduct, unbecoming the character 
 of an Officer and a Gentleman, viz. in coming down to the Stone Bar- 
 racks, being the Officers' quarters, on the night of the 19th November, 
 1-8 17, and passing gross and most unwarrantable reflections on Captain 
 Nickson, of the 1st West India Regiment, within his hearing, and that 
 of other persons, namely, calling him, the said Captain Nickson, " cowai-d, 
 coward, damned coward," or words to that effect, and uttering other 
 vindictive and threatening language. 
 
 3d. ' For scandalous and infamous conduct, such as is unbecoming the 
 character of an Officer and a Gentleman, viz. in -violently assaulting the 
 said Captain Nickson, on the night. of the 19th November, 1817, viz. 
 by coming up to, and knocking him down, he then being in conversation 
 with Lieutenant and Adjutant Plucket ; the whole of such conduct being 
 utterly subversive of military discipline and subordination, and m breach 
 of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely and deliberately weighed the evi- 
 dence in support of the several charges exhibited against the 
 prisoner, Ensign William Dunn Fields, of the 1st West India 
 Regiment, as well as having taken into consideration what he has 
 oflFered in his defence, is of opinion as follows : 
 
 That he, Ensign William Dunn Fields, of the 1st West India 
 Regiment, is Not Guilty of the 1st charge, sufficient evidence 
 not having been produced to convict him thereof. 
 
 The Court acquits the prisoner of the 2d charge likewise, for 
 a similar reason. 
 
p. G. Hogan. 809 
 
 The Isf additional charge having been fully proved, the Court 
 finds Ensign William Dunn Fields, of the 1st West India Regi- 
 ment, Guilty thereof. 
 
 With respect to the 2d additional charge, the Court does not 
 conceive it established by the testimony produced, and therefore, 
 acquits him thereof. 
 
 The Court finds the prisoner Guilty of the whole and every 
 part of the third and last additional charge. 
 
 The Court, having thus found the prisoner. Ensign William 
 Dunn Fields, of the 1st West India Regiment, Guilty of the 1st 
 and 3d additional charges, in breach of the Articles of War, doth 
 sentence and adjudge him, the said Ensign William Dunn Fields, 
 of the 1st West India Regiment, to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Ensign William Dunn Fields, of the 1st West 
 India Regiment, together with the finding and Sentence of the 
 Court, shall be entered in the general order book, and read at the 
 head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 DEPUTY ASSISTANT COMMISSARY GENE- 
 RAL PATRICK GOULD HOGAN.— 1818. 
 
 Horse Guards, 24 Sept. 1818. 
 
 At a General Court Martial, held at Sydney, New South Wales 
 on the 12th November, 1817, and continued by adjournments to 
 the 5th of December following. Deputy Assistant Commissary 
 General Patrick Gould Hogan, was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. 'Of embezzling and fraudulently misapplying the public money 
 whilst doing the duty of Deputy Assistant Commissary General, durine 
 the years 1814, 1815, and 1816, at Hobart Town, in Van Diemen't 
 Land, in havmg drawn biUs, in respect of that duty, on Deputy Com- 
 missary General Allan, at Port Jackson, New South Wales as for the 
 purpose of covering disbursements made by him, the said Patrick Gould 
 Hogan, on account of, and chargeable to the public service of that sta- 
 
810; P. G. Hogan. 
 
 tion, gnd iof satisfyiog anij dischargjiiig certain ordersj receipts, or pro- 
 missory notes, from time to time, dining the above period given by him, 
 the saiid Patrick Govdd Hogan, as such Deputy Assistant Commissary 
 General, and outstanding on the public credit for certain provisions and 
 supplies taken into the government stores at that place on the public ,ac- 
 couiit : apd in appropriating and applying the said bills, or causing, or 
 knowing the said bills so drawn by him, the said Patrick Gould Hogan, 
 as such Deputy Assistant Commissaiy General on the public service and 
 account, or some, or part of the said bills, or the produce or value of the 
 said bills, or a part thereof, to be appropriated and applied to his, the 
 said Patrick Gould Hogan's own private use and benefit, and to, or to- 
 wards the liquidation of his, the said Patrick Gould Hogan's, private 
 debts^ accounts, and concerns, the same being a gross and fraudulent 
 violation of duty, conduct highly derogatoiy to, and unworthy of an. 
 Officer and a Gentleman, and a breach of the Articles -of War. 
 
 2d. ' Of having, as such Deputy Assistant Commissary General, frau- 
 dulently received and obtained possession of certain orders, receipts, or 
 promissory notes from Messrs. Kemp, Jemott and Belbin, of Hobart 
 Town, in Van Diemen's Land, as for the purpose, and under the pretext 
 of consolidating, according to the established custom and practice of the 
 Commissariat Department at that place, the value and amount thereof in 
 public bills on the Deputy Commissaiy General, at Port Jackson, New 
 South Wales, well knowing, or having reason to know, at the time, that 
 he, the said Patrick Gould Hogan, as such Deputy Assistant Commissary 
 General, had already then filled up and exhausted his credit with the 
 said Deputy Commissary General on the public service and account, and 
 could not procure, or eftect the consolidation thereof, and of unduly and 
 injuriously aftenvards refusing to consolidate, according to custom, as 
 Deputy Assistant Commissary General, the orders, receipts, or promissory 
 notes so received and obtained by him, the said Patrick Gould Hogan, 
 from the said Messrs. Kemp, Jemott and Belbin, for consolidation, the 
 same tending to injure and diminish the public credit of the service, 
 being a gross and fraudulent violation and neglect of Buty, conduct 
 highly derogatory to, and unworthy of an Officer and a Gentleman, and 
 a breach of the Articles of War. 
 
 3d. 'Of fraudulently omitting and neglecting, duly and correctly, as 
 such Deputy Assistant Commissary General, at Hobart Town, Van Die- 
 men's Land, and having charge of the Commissariat there, from the 25th 
 day of December, 1815, to the 25th day of September, 1816, to account 
 for the proper application, use, and distribution of the provisions and 
 stores belonging to the public service, and committed to the chaige and 
 care of the said Patrick Gould Hogan, and for the procurement and 
 payment of which, certain bills on the public account and service, for 
 
 divers sums, amounting to £ * had been drawn on the Deputy 
 
 Commissary General, at Port Jackson, New South Wales, the same being 
 a gross fraud, and flagrant neglect of duty, conduct disgraceful to, and 
 dishonom-able in, an Officer and a Gentleman, and a breach of the 
 Articles of War. 
 
 4th. ' Of having fraudulently abused the power belonging to him, the 
 • N. B. The Slim is not specified in tlie Origiiial Circular. — Editor. 
 
P.G.Hogan. 811 
 
 said Patrick Gould Ijogan, as Deputy Assistant Conmiissary General, at 
 Hobart Town, Van Diemen's Land, to issue promissory notes on the 
 public account, and the credit of the Government, in having issued, 
 given, and circulated on his own private account, and to promote his own 
 private interests and concerns, certain promissory notes signed by him, 
 the said Patrick Gould Hogan, officially as the Deputy Assistant Com- 
 missary General, bearing the King's arms, and every other mark and 
 appearance of, and being in eveiy respect the same as promissory notes 
 issued by the said Patrick Gould Hogan as Deputy Assistant Commissary 
 General on the public service, credit, and account, thereby deluding, or 
 intending to delude, the pubUc into a belief, that the said promissory 
 notes were, in fact, issued by him, the said Patrick Gould Hogan, as such 
 Deputy Assistant Commissaiy General, on account of the public service, 
 and the credit of the Government, in order thus illegally and improperly 
 to advance his ovni private views and interests, and to take advantage, 
 for his own private emolument, of the public confidence and credit, in 
 the official securities and engagements of the public service and the Go- 
 vernment, the same being a fraudulent abuse of his, the said Patrick 
 Gould Hogan's public duty, appointment and trust, tending, in that re- 
 spect, to bring the public credit of the service into disrepute, being con- 
 duct highly censurable in, and unworthy of an Officer and a Gentleman^ 
 and a breach of the Articles of War.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having taken into due consideration the several 
 charges preferred against the said Patrick Gould Hogan, and the 
 evidence produced in support of the same, and what the prisoner 
 has submitted in his deifence, do adjudge and determine, that the 
 said Patrick Gould Hogan, is Not Guilty of 'having embezzled 
 and fraudulently misapplied the public money, during the years 
 1814, 1815, and 1816, as in the 1st charge is alleged against him.' 
 But upon the evidence, the Court do find, that although no sum 
 or sums of money have been drawn, or obtained by the said 
 Patrick Gould Hogan, but on proper and suflBcient vouchers and 
 returns in that respect, yet that certain bills of exchange, orders 
 and receipts, (which last are commonly called, in the territory, store 
 receipts,) signed by, and proved to have been acknowledged as 
 such by the said Patrick Gould Hogan, and such, as have beeu 
 generally and usually issued to persons making, and at the time 
 of delivery of meat and wheat into His Majesty's stores, at Ho- 
 bart Town, Van Diemen's Land, and afterwards consolidated in 
 public bills, on the Deputy Commissary General, remain still 
 outstanding to the amount of ^"2347 : Os. 4d. wholly unpaid and 
 unsatisfied, in respect of which no due returns or vouchers what- 
 
S12 P. G. Hogcm. 
 
 ever, have yet been made, or given, nor any bills, or any public 
 money whatever, yet been paid on the public account. 
 
 The Court do further adjudge and find, that the said Patrick 
 Gold Hogan, is Not Guilty of having, as such Deputy Assistant 
 Commissary General, fraudulently received and obtained posses- 
 jsion of certain orders, receipts, or promissory notes, from Messrs. 
 Kemp, Jemott, and Belbin, or of having unduly and injuriously 
 refused afterwards to consolidate the same, as in the 2d charge is 
 alleged ; but that the said Patrick Gould Hogan, at the time of 
 receiving the same, had reason to know, that he had already filled 
 up and exhausted his credit as Deputy Assistant Commissary 
 General, with the Deputy Commissary General, and could not 
 procure, or effect, the consolidation thereof. 
 
 The Court do further adjudge and find, that the said Patrick 
 Gould Hogan is Not Guilty of having fraudulently omitted, but 
 Guilty of having neglected, as in the third charge is alleged, duly 
 and correctly as such Deputy Assistant Commissary General, at 
 Hobart Town, Van Diemen's Land, from the 25th day of De- 
 cember, 1815, to the 25th day of September, 1816, to account 
 for the proper application, use, and distribution, of the provisions 
 and strores in charge of him, the said Patrick Gould Hogan, the 
 loss or damage whereby, to His Majesty, the Court has been 
 unable to ascertain ; the same being a flagrant neglect of duty, 
 and a breach of the Articles of War, but not a gross fraud, or 
 conduct disgraceful to, and dishonourable in, an Ofiicer and a 
 Gentleman. 
 
 The Court do furthrr adjudge and find, that the said Patrick 
 Gould Hogan is Guilty of having fraudulently abused the power 
 belonging to him as Deputy Assistant Commissary General, as 
 in the 4th charge is alleged. 
 
 The Court do further adjudge, that for, and in respect of the 
 premises and offences, of which the said Patrick Goiild Hogan 
 is so hereby adjudged and found to be Guilty, he, the said Patrick 
 <5ould Hogan, be dismissed from His Majesty's service. 
 
 His Royal Highness the Prince Begent has been |>leased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court. 
 
 The Commander in Chief directs, that the foregoing charges, 
 
W. BaflUe, P. Smitk, P. Tripp, Sfc 813 
 
 preferred against Patrick Gould Hogan, Deputy Assistant Com- 
 missary General, together with the finding and Sentence of the 
 Court, shall be entered in the general order book, and read at the 
 head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander m Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 BT. MAJOR BAILLIE, PAYMASTER SMITH. 
 CAPTAINS TRIPP and M'DOUGALL, axd 
 LIEUTENANTS HAMILTON and KEAX. 
 
 Eorse Guards, 26 Not. 1818. 
 His Royal Highness the Commander in Chief is pleased to 
 direct, that the following copy of a Letter, which by command 
 of the Prince Regent, acting in the name and on the behalf of 
 His Majesty, has been addressed to the General Officer, Com- 
 manding at Portsmouth, respecting the conduct of certain Offi- 
 cers of the 25th Regiment of Foot, shall be entered in the ge- 
 neral order book, and read at the head of every regiment. 
 
 By order of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 Horse Guards, 20 Nov. 1818. 
 MY LORD, 
 
 I have laid before the Prince Regent the proceedings 
 of the Court of Enquiry, of which your Lordship was President, 
 held at Portsmouth, on the 26th of September, 1818,^ and con- 
 tinued by adjournments until the 1st October following, for the 
 purpose of investigating certain pecuniary transactions, and other 
 matters, stated to have taken place in the 2.5th Regiment, by 
 the report of which it appears, that Brevet Major Baillie, and 
 Paymaster Smith, of that corps, have been principally con- 
 cerned in very disgraceful impositions upon the bankers of Da- 
 ventry and Portsmouth, by procuring money from them under 
 false pretences ; and I am to acquaint your Loi'dship, that it has 
 appeared to His Royal Highness, that the whole tenor of their 
 conduct, in these pecuniary transactions, partakes so directly of a 
 swindling nature, as to render them both unworthy of holding 
 
ai4 M*Dt}HgM,M(miU(m, ^ Kern. 
 
 Coirtmissions m His Majesty's service, exclusive of all consider- 
 ations to their pcf^udice, as arising in the prominent share they 
 appear, b,y the proceeding* of the Court, to have had in the dis- 
 sentions and insubordination, vvhich have been so discreditable 
 to the 25th Regiment, for a long time past. 
 
 Under these circumstances,, the Prince Regent has been 
 pleased to command, in the name and on the behalf of His Ma- 
 jesty, that Brevet Major William Baillie, and Paymaster Phil- 
 lip Smith, shall be dismissed from the service. 
 
 It has appeared in the investigation of these transactions, that 
 Captain Tripp and Lieutenant Hamilton, though not implicated 
 to the same extent, have, nevertheless, been guilty of aiding, en- 
 couraging, and abetting the practices which have enabled Pay- 
 master Smith to commit, what the Court have so properly termed 
 " his depredations," upon those who have confided^ in the ho- 
 nour of British Officers ; and. His Royal Highness remarked, that 
 the conduct in which these Officers are involved, as set forth in 
 the whole of the proceedings of the Court of Enquiry, is so dis- 
 creditable and injurious to the character, honour, and discipline 
 of His Majesty's service, as to merit the severest punishment ; 
 but as there appeals a distinction in their favour, when com- 
 pared with the more heinous offences of Brevet Major Baillie, 
 and Paymaster Smith, His Royal Highness is pleased to adopt 
 towards them (Captain Peter Tripp, and Lieutenant R. Hamil- 
 ton) the more lenient measures of removal from the 25th Regi- 
 ment, to the Half-pay estaibliishment. 
 
 Lieutenant Kean appears to have advanced considevable sums 
 of money to Paymaster Smith, and thereby to have aided that 
 Officer in his disgraceful irregularities, and his name also appears 
 implicated with the others in the party dissentions. which have so 
 Bsaterially disturbed the harmony and discipline of the corps ; 
 but in consideration of the losses he has sustained, from being 
 only the dupe of others, the Prince Regent has; graciously com- 
 manded, that no further punishment shall be visited upon Lieute- 
 nant Kean, than a sevei^e reprimand and admonition for the share 
 he has had in these transactions. 
 
 Captain M'Dougall's name also appears in the proceeduigs, 
 as having imprudently associated wi& the parties concerned in 
 
.R.C. Graham. 813 
 
 these irregolarities, though not actually implicated in them, and 
 His Royal Highness has commanded, that he shall be admonished 
 in the manner best calculated to make him feel the necessity of 
 more circumspection in future. 
 
 You will, therefore, acquaint me with the day upon which the 
 Prince Regent's pleasure is made known to Brevet Major Baillie 
 and Paymaster Smith, as from that date they will cease to receive 
 pay in His Majesty's service; and also in regard to Captain Tripp 
 and Lieutenant Hamilton, who will accordingly be removed to the 
 Half-pay establishment ; and you will carry into effect the severe 
 reprimand and admonition adjudged to Lieutenant Kean for his 
 conduct, and warn Captain M'Dougall how ill calculated the 
 imprudence he has been guilty of, is to promote his future suc- 
 cess in the profession. 
 
 I am, &c. 
 (Signed) FREDERICK, Commander in Chief. 
 
 N. B. Vide pages 786-S8, for the particulars of previous Courts 
 Martial held upon Major Baillie and Paymaster Smith. — Cap- 
 tain Tripp is now upon the Half-pay of the 74th, and Lieut. 
 Hamilton on the Half-pay of the 6 1st Regiment. — Lieut. Kean 
 is still in the regiment, so is- also Captain (now Brevet Ma- 
 jor) M'Dougall. — Ediior. 
 
 PAYxMASTER BOBERT C. GRAHAM.— 1818. 
 
 Horse Guards, 12 Dec. 1818. 
 At a General Court Martial, held at Antigua, on the 4th De- 
 cember 1818, and continued by adjournments to the 17th of the 
 same month, Paymaster Robert Charles Graham, of the Royal 
 West India Rangers, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For embezzling and misapplying, between tlie 29th day of May, 
 1814, and the 29th day of May, 1817, the sum of £2616 : 18s. ll^rf., 
 sterling, at 4s. and 8d. per dollar, or thereabouts, being money en- 
 _ trusted to his charge, for the payment of the Royal West India Rangers, 
 and other purposes connected with him in his capacity of Paymaster of 
 the said regiment. 
 
 2d. ' For conduct unbecoming the character of an Officer and a Gen- 
 > tleman, in stating to Msgor John Campellj of the Royal West India 
 
816 - R. C.Graham. 
 
 Rangers, when Comihaiiding the left wing of the said regiment, in the 
 Island of Dominica, on, or about, the 17th day of May, 1817, a deli- 
 berate falsehood, by desiring Major John Campbell to estimate for. the 
 - contingent and non-effective half-yearly allowance for five companies, 
 amounting to £121 : 10s. sterling, when that sum had been previously 
 estimated for, and drawn by Paymaster Robert Charles Graham, and 
 applied for his own private purposes. 
 
 3d. ' For embezzling and misapplying, between the 24th day of Fe- 
 biTiai^, and the 25th day of June, 1817, the sum of £262 : Ids. 7\.d:, 
 sterling, (4«. 8d. per dollar,) or thereabouts, being money entrusted to 
 his charge for the payment of the Royal West India Rangers, in his ca- 
 pacity of Paymaster of the said regiment, the whole of such conduct 
 being totally subversive of all good.order and mihtaiy discipline, and 
 in breach of the Articles of War.' 
 
 ADDITIONAL CHARGE. 
 
 ' For conduct, unbecoming the character of an Officer and a Gentle- 
 man, in misapplying, between the 1st day of July, 1815, and the 24th 
 day of May, 1817, the sum of fifteen doubloons and a half, or there- 
 abouts, (sterling money, £57 : 17«. 4d.) being money entrusted to his 
 charge, by Lieutenant Charles Baron de Boehmler, of the Royal West 
 India Rangers, for the account of Corporal Joshua Fletcher, of Cap- 
 tain Angelo's company of the said regiment.' 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having maturely and deliberately weighed the evi- 
 dence, in support of the charges exhibited against the prisoner, 
 Paymaster Robert Charles Graham, of the Royal West India 
 Rangers, as well as having taken into consideration what he has 
 oflfered in his defence, is of opinion as follows : 
 
 With respect to the 1st charge, it has been decided that the 
 several sums hereafter mentioned, shall be deducted, such having 
 either been proved to have been paid by, or allowed Paymaster 
 Graham, viz. — £Q : Ms. 6d. sterling, amount of pay-rate for 
 a detachment of the Royal West India Rangers, stationed at the 
 SoufFreire, in the Island of St. Lucia, from the 25th April to 
 the !24th May, 1817;^15s. pay, said to be due Private Angelo 
 Pranchini, of the Royal West India Rangers, from the 25th 
 June, to 24th July, 1815; — £} : 8s. 6Jrf., abstracts of examina- 
 tions ; — and £0,3 ; l'4s., hospital stoppages from the debt due to 
 the regiment; c£ll9 : 3s. 3ld., which sum has been satisfactorily 
 proved to have been paid, by the prisoner, to Captain Kennedy, 
 the President of the late committee of Pay-mastership, from the 
 agent's accounts ; after making these deductions, therefore, the 
 Court doth find him, the prisoner. Paymaster Robert Charles 
 
R. C. Graham. 817 
 
 Graham, of the Regiment of Royal West India Rangers, Gttilty 
 of it to the extent of £9.'2,og : 5s. 5d. sterling, and the different 
 items claimed by each party will then stand thus, viz.^^1036 : 
 19s. 9id. sterling, due to the Royal West India Rangers, ,£760 : 
 13*. I^d, due to Messrs. Greenwood, Cox, and Co., .£311 : \Q.s. 
 ^kd., due to the late Deputy Paymaster General's department, at 
 Barbadoes, and <£ 100 sterling, due to the late Quarter Master 
 Welley, of the Royal West India Rangers. , 
 
 The Court is likewise of opinion, that the 2d charge has been 
 fully proved against the prisoner, and doth, therefore, find him- 
 Guilty thereof. 
 
 It doth further convict him of the embezzlement of the sum 
 mentioned in the 3d charge (which is included in the 1st) with 
 the addition to it of o£'49 : \s. 5\d, sterling. 
 
 In regard to the additional charge, the Court does not con- 
 ceive sufficient evidence has been produced to convict the pri- 
 soner thereof. 
 
 The Court, having thus found the prisoner, Paymaster Robert 
 Charles Graham, of the Regiment of Royal West India Ran- 
 gers, Guilty of the whole of the three first charges preferred 
 against him, doth sentence and adjudge him, the said prisoner, Pay- 
 master Robert Charles Graham, of the Regiment of Royal West 
 India Rangers, to be dismissed His Majesty's service, rendered 
 incapable of ever serving His Majesty again, in any capacity civil 
 or military, and that he do make good the sums of money so 
 embezzled and misapplied. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Paymaster Robert Charles Graham, of the 
 Royal West India Rangers, together with the finding and Sen- 
 tence of the Court, shall be entered in the general order book, 
 and read at the head of every regiment in His Majesty's service. 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 3 G 
 
-( 818 ) 
 
 LIEUTENANT MEREDITH JONES.— 18 19. , 
 
 Horse Guards, 12 Jan. 1819. 
 At a General Court Martial, held at Cambray, in France, ofl 
 the 9th October, 1818, and continued by adjournments until the 
 ] 3th of the same month, Lieutenant Meredith Jones, of the Royal 
 Waggon Train, was arraigned upon the undermentioned charges, 
 viz. — 
 
 1st. ' For, behaving in a manner such as is unbecoming the character 
 of an Officer .and a Gentleman, in inaking use of gi'oss and abusive lan- 
 guage to.wards or concerning Lieutenant aiid Adjutant O'Neil, of the 
 Royal Waggon Train, by declaring or asserting, either verbally or in 
 writing, in the presence of one or more OiScers of the corps, on the re* 
 view ground, near Douchy, on the 10th of September, 1818, that he, 
 the said Lieutenant and Adjutant O'Neil, was a ' liar and a coward,' 
 and for repeating, on the following morning, the same gi-oss and abusive 
 language towards or concerning the said Lieutenant and Adjutant O'Neil, 
 in piresence of one or more Officei's of the corps, at, or near, Valen- 
 ciennes, in France. 
 
 2d. ' For behaving in>a manner such as is unbecoming the character 
 of an Officer and a Gentleman, in making use of other gross and ofiFensive 
 language, highly derogatory to the chai-acter of the said Lieutenant and 
 Adjutant O'Neil, particulajiiy by declaring, jtn the presence of the Officers 
 of the corps then assembled, that he, the said Lieutenant and Adjutant 
 O'Neil, had been kicked out of a tavern when in England, or words to 
 that effect, at Douay, in France,' on, or about the I2th of September fol- 
 lowing.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having maturely and deliberately weighed and con- 
 sidered the evidence adduced on the prosecution against the pri^ 
 soner, Lieutenant Meredith Jones, of the Royal Waggon Train, 
 togetheir- with what he has submitted, in his defence, and the evi^ 
 dence thereon, are of opinion, that he is Guilty of the charges 
 preferred against him, being in breach of the Articles of War, and 
 do, by virtues thereof, sentence , him, the . prisoner, Lieutenant 
 Meredith Jones, of thie Royal W&ggon Train, to be cashiered. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 tlie name and on the behalf of His Majesty, to approve and coa- 
 firm the fitidiiig and Sentence of the Court ; but, in consideration 
 of the prisoner having been reduiied to Half-pay since the period 
 of his trial, the Prince Regent has been further pleased to extend 
 to him his gracious clemency, by restoring him to his rank, with 
 
p. Hay. 819 
 
 the view of leaving him the Half-pay towards his support. His 
 Royal Highness, at the same time, desired that his marked dis- 
 pleasure should be communicated to Lieutenant Meredith Jones, 
 for his misconduct towards Lieutenant O'Neil. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Lieutenant Meredith Jones, of the Royal Wag- 
 gon Train, together with the finding and Sentence of the Court, 
 and the Prince Regent's commands thereon, shall be entered in 
 the general order book, and read at the head of every regiment in 
 His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 BREVET LIEUT. COL. PHILIP HAY.— 18 19. 
 
 Horse Guards, 25 March, 1819. 
 
 At a General Court Martial, held at Whitehall, on the 1st of 
 February, 1819, and continued by adjournments to the 13th of 
 the same month. Brevet Lieutenant Colonel Philip Hay, Major 
 in the I8th Hussars, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For fraudulently misapplying several sums of money received 
 by him. Lieutenant Colonel Hay, for regimental purposes, that is to say, 
 part of the produce of a certain remittance of ^400 made by Paymaster 
 Deane, and of three several drafts, or bills of exchange, for ^200 each, 
 drawn by him. Lieutenant Colonel Hay, on Messrs. Greenwood, Cox, 
 and Co. agents for the said regiment, on account of necessaries furnished 
 to the said regiment, and charged to the account of Paymaster Deane, 
 while he. Lieutenant Colonel Hay, commanded the depot of the said 
 regiment at Brighthelmstone, in the months of Februaiy, March, April, 
 and May, 1814. 
 
 2d.- ' For fraudulently misapplying a certain other sum, of .£754 
 18j. Il^rf., or some part thereof, being the produce of one di-aft, or bill 
 of exchange, dated on, or about, the 18th day of January, 1815, drawn 
 by Paymaster Deane, on Captain Jones, at Messi-s. Greenwood, Cox, 
 and Co., and entrusted to Lieutenant Colonel Hay, for the payment of 
 .other clothing and necessaiies fimiished to the said regiment, at Chi- 
 chester, in, or about, the month of January, 1815. 
 
 3d. ' For conduct unbecoming the character of an Officer and a Gen- 
 itleman, in having drawn and obtained bills on Messrs. Greenwood, Cox, 
 and Co., agents of the said regiment, and on Captain Jones; and in 
 having received several sums of money in the years 1814 and 1815, to be 
 applied in payment for regimental necessaiies, and clothing furnished to 
 the said regiment, and not duly appropriating the same, and in refusing, 
 
 3 G2 
 
820 P:Jl<iy. 
 
 or neglecting, to account for the same bills and sums of money," and" 
 -suSering debts due for such necessaries an_d clothing, to Messrs. C. and 
 J. Prater, London, and to Messrs. Ridge, Chichester, to remain unpaid 
 on the 10th of June, 1818, to the hindraiice and prejudice of the service, 
 and of the said regiment.' 
 
 Upon whicli charges the Court came to the following decision : 
 
 The Court, having investigated the several charges preferred 
 against Lieutenant Colonel Hay, and having had under their con- 
 sideration the evidence offered in this case, as well in support of 
 the prosecution as on behalf of the prisoner, Lieutenant Colonel 
 Hay, they do, upon the 1st and 2d charges, most fully and most 
 honourably acquit him : 
 
 And upon the 3d charge, they do also most honourably acquit 
 him. 
 
 The Prince Regent is pleased, in the name and on the behalf 
 of His Majesty, to approve and confirm the finding and Sentence 
 of the Court; but, although the Court appear by the evidence 
 upon the face of the proceedings, to have been justified in their 
 full and honourable acquittal of Brevet Lieutenant Colonel Hay, 
 as to the fraudulent misapplication charged upon him of money 
 which came to his hands, yet, it does appear to His Royal 
 Highness, that this Officer has been wanting in the accuracy and 
 regularity which would have been essential to prevent the con- 
 fusion that has, in many instances, pervaded the pecuniary con- 
 cerns of the regiment during the time be commanded the d6p6t. 
 
 This confusion and irregularity, as well as the discredit attach- 
 ijig to the regiment, from the non-payment of demands for equip- 
 ments and necessaries, appears to His Royal Highness to have 
 proceeded from the extraordinary and most unusual system pre- 
 vailing in the l-Sth Hussars, of permitting Lance Serjeant Pa- 
 trick, the master tailor, to be the responsible person for procuring 
 and disbursing payment for the equipments provided by stoppages 
 from the men, in direct contradiction to, and disobedience of, 
 His Majesty's regulations on this subject : and His Royal High- 
 ness considers the Commanding Officer who has taken upon 
 himself to permit this system, and to invest this master tailor with 
 such a power, as necessarily responsible for all the inconvenience 
 which, in this case, has resulted to the 1 8th Hussars, and must 
 always result from such" unwarrantable and misplaced confidencei; 
 
R. Smyth. S2l 
 
 this responsibility would appear to rest upon Lieutenant Colonel 
 Murray, in a peculiar degree^ by the extraordinary proceeding of 
 reinstating this person in the same situation of master tailor, after 
 he hfid taken the benefit of the Insolvent Act, in order to get 
 quit of debts contracted by him during the time he had previously 
 occupied the same situation in the regiment. 
 
 The Prince Regent considers such inattention and negligence, 
 m a Commanding Oflicer, to be highly reprehensible and deserv- 
 ing of his marked disapprobation, which His Royal Highness has 
 been accordingly pleased to command shall be communicated to 
 Lieutenant Colonel Murray. 
 
 1 he Commander in Chief directs, that the foregoing charges, 
 preferred against Lieutenant Colonel Philip Hay, of the J 8th 
 Hussars, together with the finding of the Court, and the Prince 
 Regent's pleasure thereon, shall be entered'in the general order 
 book, and read at the head of every regiment in His Majesty's 
 service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Brevet Lieutenant Colonel Hay is still in the 18th Hus- 
 sars. — lldilor. 
 
 CAPTAIN RALPH SMYTH.— 1819- 
 
 Horse Guards, 26 March, 1819. 
 
 At a General Court Martial, held at Plymouth Dock, on the 
 ipth February, 1819, and continued by adjournments to the 1 6th 
 of the same month. Captain Ralph Smyth, of the 7th Dragoon 
 Guards, was arraigned upon the undermentioned charges, viz. 
 
 1st. ' For sending to Lieutenant Colonel Dunne, Commanding the 
 7th Dragoon Guards, on the 17th May, 1817, a false and unfounded 
 statement, or report, respecting the conduct and behaviour of a party of 
 Dragoons of the said regiment, on the 15th May, 1817, at the fair of 
 Glen, in the county of Tipperary ; which said party had been detached 
 and sent to the fair of Glen, under the command of Lieutenant Robb, 
 at the instance, and on the application, of Richard O'Donnell, Esq, a 
 magistrate of that county ; such false statements, or report, being highly 
 injurious to the character of the said Richard O'Donnel, and of the Offi- 
 cers and soldiers belonging to the said pai-ty. 
 
 2d. ' For refusing all explanation as to the affair at the fair of Glen, 
 notwithstanding the same ^^"as required on the part of Mr. O'Donnell ; 
 and afterwards on the 10th June, 1S17, going to the house of.Mv. 
 
822 R. Smyth. 
 
 O'Donnell, at Stradballa, with a pistol and a horsewhip, and in a violent 
 and outrageous manner searching for Mr. O'Donnell, and using threats 
 and insulting language towai'ds him in his absence, to the terror of his 
 familjr ; all such conduct being highly unbecoming the character of an 
 Officer and a Gentleman, and to the prejudice of good order and military 
 discipline.' 
 
 Upon which charges the Court came to the following decision : 
 
 After a due and attentive consideration of the evidence pro- 
 duced against the prisoner, with what he has offered in his de- 
 fence, the Court are of opinion that the prisoner, Captain Ralph 
 Smyth, of the 7th Dragoon Guards, is Not Guilty of the Jst 
 charge, in as much as the report made by him to the Command- 
 ing OiBcer of his regiment, was neither false nor unfounded, and 
 they do, therefore, most fully and honourably acquit him of the 
 same. 
 
 . The Court are unwilling to animadvert on the evidence of ■ 
 Lieutenant Robb, as its nature, on perusal of the minutes, will 
 be sufficiently apparent ; but they cannot help remaiking, that 
 the whole of these embarrassing circumstances have originated 
 in his unmilitary proceeding, in putting Mr. O'Donnel in pos- 
 session of Captain Smyth's official report to his Commanding 
 Officer. 
 
 With regard to the 2d charge, the Court are of opinion that 
 the prisoner. Captain Ralph Smyth is Not Guilty, and they do, 
 therefore, most fully and honourably acquit him of the same. 
 
 The Court conceive it incumbent on them to enter more fully 
 into the reasons on which' this, their opinion, is grounded, than 
 they otherwise would have done, for the purpose of endeavouring 
 to extricate both the prisoner, and the corps, from the embar- 
 rassing situation in which they have been so long placed; in doing 
 which they feel anxious to confine themselves, as much as possi- 
 ble, (in as far as relates to Mr. O'Donnell) to such observations 
 as will tpnd to place their view of the subject in a clear and dis- 
 tinct light. 
 
 In consequence of the non-attendance of all the witnesses ex- 
 pected from Ireland, the Court have been obliged to refer to a 
 variety of papers laid before them, and having selected such as 
 bore more immediately on the case, as exhibited in the charges, 
 and the said documents having been authenticated by both parties, 
 the prisoner as well as the prosecutor, tliey, on a deliberate and 
 
R. Smyth. 823 
 
 careful consideration of the same, are of opinion, that the re- 
 port made by Captain Smyth, to the Commanding Officer of his 
 regiment, was absolutely required in the execution of his duty as 
 Captain of a detached troop ; — that the said report was solely 
 military, and did not contain the shadow of a reflection on the 
 character of the magistrate, Mr. O'Donnell ; — that under that im- 
 pression the prisoner was most fully justified in refusing to resort 
 to the extreme measure proposed by Mr. Hayes, on the part 
 of Mr. O'Donnell ; that the subsequent conduct of Mr. O'Don- 
 ndl was most violent and uprovoked, and was evidently intended 
 to force Captain Smyth to a compliance with the proposed duel. 
 
 The Court cannot but' remark on the selfish line of conduct 
 adopted by Mr. O'Donnell, who, first challenging Captain Smyth 
 without the slightest provocation, on his refusal to accept the 
 challenge, addressed to him the most intemperate and abusive 
 language, and having thus placed Captain Smyth in a most em- 
 barrassing situation with respect to his brother Officers, by a 
 convenient subterfuge declined affording him an opportunity of 
 extricating himself from it, and refused for real injuries and in- 
 sults offered, that satisfaction which he had himself demanded 
 for a supposed and imaginary grievance. 
 
 That Captain Smyth was guilty of an error, the Court will not 
 deny, but they think that error consisted in not immediately re- 
 porting to his Commanding Officer, the message received from 
 Mr. O'Donnell, and calling on him for his support, when an 
 official report made by him in the course of his duty, as Captain 
 of the regiment, was attempted to be made the grounds of a pri- 
 vate quarrel. 
 
 The Court, therefore, after a dispassionate review of the case 
 submitted to their investigation, can see no reason why Captain 
 Smyth should not return to his duty in the 7th Dragoon Guards, 
 restored to the esteem and regard of his brother Officers. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and sentence of the Court. 
 
 The very proper and satisfactory manner in which the Court 
 have expressed their sentiments on this subject, renders it incum- 
 bent upon the Officers of the regiment to dismiss from their 
 minds the impressions to the prejudice of Captain Smyth's ho- 
 
824 T. Hasker, R. If. Lamhrecht, and E. livig. 
 
 nour and character, which they appear to have imbibed from the 
 violent and unwarrantable conduct and unfounded accusations 
 observed and expressed towards him. 
 
 The Prince Regent considers the conduct of Lieutenant Robb, 
 ni having originated this unpleasant transaction, by his unnecessary 
 and mischievous communication to Mr. O'Donnel, of Captain 
 Smyth's report, to be highly reprehensible and deserving of cen- 
 sure; and His Royal Highness therefore desires that Lieutenant 
 Robb may be severely reprimanded in the presence of the Officers 
 of the 7th Dragoon Guards, and admonished to be more circum- 
 spect in his future conduct. 
 
 The Commander in Chief directs, that the foregoing Charges pre- 
 ferred agaiust Ralph Smyth, of the 7th Dragoon Guards, together 
 with the finding and Sentence of the Court, and the Prince Regent's 
 commands thereon, shall be entered in the general order book, 
 and read at the head of every regiment in His Majesty's service. 
 By cornmand of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Capt. Smyth is still in the 7th Dragoon Guards. — Editor. 
 
 LIEUTS. T. HASKER R. W. LAMBRECHT, 
 
 AND ENSIGN E. RING.— 1819. 
 
 Horse Guards, 5 j4pril, 1819. 
 • It has been represented to His Royal Highness the Prince 
 Regent, that Lieutenant Thomas Hasker, and Ensign Edward 
 Ring, who have recently been placed upon the Half-pay from 
 the 55th Regiment, have grossly insulted and challenged Lieu- 
 tenant Colonel Frederick, commanding that regiment, upon the 
 grounds of his conduct towards them in his capacity of Com- 
 manding Officer, while they were on full-pay under his orders. 
 
 As it would be highly injurious to the discipline of the service, 
 to permit the notion to pass with impunity, that when an Officer 
 is placed upon half-pay, he shall feel at liberty to set aside all 
 the restraints of decorum and subordination, by indulging feel- 
 ings of personal resentment towards his former Commanding 
 Officer, His Royal Highness the Prince Regent, in the name and 
 on the -behalf of His Majesty, has been pleased to command, 
 that his displeasure upon this flagrant act of misconduct shall b« 
 
J, Biggar. 823 
 
 marked by erasing the names of Lieutenant Thomas Hasker and 
 Ensign Edward Ring from the list of the army. 
 
 The Prince Regent, in the name and on the behalf of His 
 Majesty, has also been pleased to command, that as Lieutenant 
 Richard William Lambrecht, on the half-pay of 3d Garrison 
 Battalion, who was the bearer of the challenge from Ensign 
 Ring, to Lieutenant Colonel Frederick, appears to have been 
 equally culpable, his name shall in like manner be erased from 
 the list of the army. 
 
 The Commander in Chief has received the Prince Regent's 
 commands, to promulgate to the army the above declaration of 
 His Royal Highness's pleasure, on the subject of Lieutenant 
 Thomas Hasker and Ensign Edward Ring, and of Lieutenant 
 Richard William Lambrecht, in order that Officers on half-pay 
 may be sensible, that whenever they so far forget their duty, as 
 to give vent to feelings of personal animosity and resentment 
 against their former Commanding Officer, on the grounds of his 
 conduct towards them in his official capacity, during the time 
 they were serving under his command, they will not fail to draw 
 upon themselves the Royal displeasure to the same extent, as is 
 hereby expressed against the individuals to whom this order 
 especially applies. 
 
 The Commander in Chief has it further in command, to ex- 
 press His Royal Highness the Prince Regent's approbation of 
 the line of conduct adopted on this occasion, by Lieutenant Co- 
 lonel Frederick, and to declare, that any Officer who shall prove 
 so unmindful of what is due to his station, and so regardless of 
 military discipline, as to accept a challenge given on grounds si- 
 milar to those on which these Officers presumed to challenge 
 their former commander, will incur His Royal Highness the 
 Prince Regent's highest displeasure. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 N. B. Lieut. Lambrecht appears to have been restored to the 
 
 Half-pay List. — Editor. 
 
 PAYMASTER ALEXANDER BIGGAR.— 1819. 
 
 ., Eorse Guards, 24 June, 1819. 
 At a General Court Martial, held at Plymouth Dock, on the 
 
826 A. Biggar. 
 
 5th May, 1819, and continued by adjournments until the 21st of 
 the same month. Paymaster Alexander Biggar, of the 85th (or 
 Duke of York's own) Regiment of Light Infantry, was arraigned 
 -Upon the undermentioned charges, viz. 
 
 1 St. ' For having embezzled and fi'audulently misapplied several sums 
 of public money, obtained from the War Office, tlirough the medium of 
 the monthly estimates, and quarterly pay-hsts' of the 85th (or the Duke 
 of York's own) Regiment of Light Infantry, (or , Bucks' Volunteers) 
 Ander the heads of ■" pay and additional allowances, rates to inn-keepers, 
 and in lieu of beer,'' duriiig a period commencing ou.the 25 th April, 1813, 
 and ending the 24th June, 1818, inclusively, leaving an unsettled ba- 
 lance, at the latter period, of the gross sum of ^1300, or thereabouts. 
 
 2d. ' For having fraudulently endeavoured to conceal his peculations, 
 by wilfully and knowingly imposing upon the Officers paying compa- 
 nies, quarterly pay-lists, as entirely conformable to their respective pre- 
 viously settled monthly company abstracts for the corresponding periods, 
 according to which abstracts the pay and other allowances had been 
 issued by him to those Officers, and by them duly paid and accounted 
 for to the men ; whereas, in fact, such quEU'terly pa,y-hsts contained 
 false and fraudulent charges against the public, over and above the pro- 
 jjer sums contained in the said abstracts ; by which unjust and base 
 means, he, the said Paymaster Alexander Biggai-, fraudulehtly obtained 
 the sums of money set forth in the first charge, and embezzled and mis- 
 applied the same to his own private use. 
 
 3d. ' For most disgraceful and infamous conduct, about the time of 
 the month of August, 1818, in advising, or endeavouring 'to persuade, 
 WiUiam Buckmaster, Serjeant and Paymaster's clerk in the regiment, 
 to desert, for the purpose of thereby lessening the body of evidence, 
 which he. Paymaster Alexander Biggar, was conscious could be adduced 
 against him, in support of his corrupt and wicked practices exhibited in 
 the two foregoing charges, being to the manifest prejudice of good order 
 and military discipUne, and in direct breach of the Ai-ticles of War.' 
 
 Upon which charges the Court came to the following decision : 
 The Court, having duly considered the evidence given in sup- 
 port of the charges against the prisoner, Paymaster Alexander 
 Biggar, of His Majesty's 85th (or the Duke 'of York's own) Re- 
 giment of Light Infantry (or Bucks Volunteers) as well 'as what 
 he has offered in his defence, is of opinion, that he, the said pri- 
 soner, is Guilty of the 1 st charge. 
 
 In regard tothe £d charge, that he, the said prisoner, is Giiilty, 
 with the exception, that he did not wilfully and kliowingly im- 
 pose upon the Officers' paying companies, quarterly pay-lists, 
 as entirely conformable to their respective previously settled 
 monthly company abstracts, for the corresponding periods. 
 
J. Biggar. 827 
 
 Of the 3d charge, the Court is of opinion that the prisoner is 
 Guilty. 
 
 The Court do, therefore, adjudge, that the said Paymaster 
 Alexander Biggar, of the 85th Regiment of Light Infantry, be 
 cashiered, and that he do make good the sum of £ 1 300, or there- 
 abouts, or such other sum, or sums, as may be found due by the 
 said prisoner, on the final examination of his accounts of the S5th 
 Regiment. 
 
 The Court, having closed its proceedings, cannot help express- 
 ing the great reluctance it feels in the performance of its painful 
 duty, when it reflects that the prisoner has a wife and ten female 
 children, wholly unprovided for. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and 
 confirm the finding and Sentence of the Court. 
 
 The Prince Regent at the same time observed, that the Ofii- 
 cers commanding companies appear to have failed in the circum- 
 spection required from them, by not duly comparing and examin- 
 ing the paymaster's lists, and particularly his disbursements of 
 marching money, before they were induced by that Ofiicer to 
 affix their signatures to what he must have known to be errone- 
 ous charges ; and although, from the high discipline of the 85th 
 Regiment, and the general attention and exemplary conduct of 
 the Officers, this failure would appear to have arisen in an inad- 
 vertent and misplaced confidence in the integrity of an unworthy 
 individual, rather than from any culpable negligence ; yet, the 
 circumstances of the case appeared to His Royal Highness to 
 render it essential, that the attention of the Officers of the army at 
 large, should be drawn to ^he. importance of a strict examination, 
 before their certifying signature shall be affixed to Paymasters' lists. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Paymaster Alexander Biggar, of the 85th Re- 
 giment of Light Infantry, together with the finding and Sentence 
 of the Court, and the Prince Regent's pleasure thereon, shall be 
 entered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
?28 P. -T. Roberton. 
 
 LIEUT. COLONEL P. T; ROBERTON.— 1819. 
 
 I ■ Horse Guards, 4 Sept. 1819. 
 
 . At a General Court Martial, held at Corfu, on 21st of April, 
 .1819, and continued by adjournments until 28th May following. 
 Lieutenant Colonel Peter Thomas Roberton, of the 8th (or King's) 
 Regiment of Foot, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' When commanding the 8th (or King's) Regiment, in, or about 
 the month of May last, in Malta, for being the canier of a challenge, or 
 of a message tantamount to a challenge, from the Major of that regiment 
 (Major Buck) to the OiEcers of the corps assembled, as ordered by 
 himself. 
 
 2d. ' For misapplying His Majesty's provisions, in the instance of 
 drawing a daily ration of provisions for many months, under the pre- 
 tence, and certified by himself, as for a private servant of his own, not a 
 soldier, when in fact, such ration was drawm for, and delivei'ed to, the 
 master of the regimeutal band. 
 
 3d. ' For conduct disgracteful to himself, as Commanding Officer of 
 the Regiment, and subversive of evei-y principle of military rale and 
 subordination, in sending for the Pay-seijeants of the whole, or some, 
 of the companies of the regiment, some days antecedent to the first in- 
 spection subsequent to the arrival of the regiment, at Malta, and either 
 advising, directing, or stating to them, -that the men of their different 
 companies ought to complain to the general Officer, at the ensuing in- 
 spection, of the trowsers fm'nished by the Captains of companies, or by 
 the Officers in payment thereof; or generally expressing that the men 
 ought riot to have received them, and ought to complain ; or words tend- 
 ing to make the men dissatisfied with the conduct of their Officers. 
 
 4th. ' For conduct most unmilitary and derogatory to his character, 
 as an Ofiicer commanding a regiment in His Majesty's service, in con- 
 fining, in the month of September last, and subsequently trying and pu- 
 nishing private James Coburne, for making a complaint to him, the Com- 
 manding Ofiicer ; whereas the said private did not come forward with, or 
 in fact make, any complaint, but being asked a question, or questions, 
 ■merely had returned a natural answer to such question or questions put 
 fromjiim the Commanding Officer. 
 
 5th. ' For unmilitary conduct, as Commanding OflScer of the 8th (or 
 King's) Regiment, in permitting private James Coburne to appear as an 
 evidence on a General Court Martial, assembled at Malta, in the month 
 of October last, with his side anus on, though the said private was at that 
 time a prisoner, and returned into confinement, and had been for many 
 days confined as such, on charges stated by Lieutenant Colonel Roberton 
 himself to the General Coiirt Martial, to be of a heinous nature. 
 
 6th. ' For gross abuse of his power and authority, as Commanding 
 Officer of the -8th (or King's) Regiment, in conducting himself towards 
 private James Coburue tyrannically, cruelly, and unjustly, as well in 
 
p. T. Robertofi. 829 
 
 charge 4th, as in other respects throughout, from the period commencing 
 jn September last, and ending in November following ; in showing a 
 misplaced partiality in regard to private John Condell, and in having 
 treated private Daniel ReUy with undue severity ; the whole of thesfe 
 acts being principally consequent to the evidence which the three above- 
 mentioned soldiers had given at a General Court Martial, before which 
 he prosecuted Lieutenant M'Swiney, of the 8th (or King's) Regiment. 
 
 7th. ' For gross neglect and most disorderly conduct in the manage- 
 ment of the regiment under his command, in the following instances, viz. 
 
 1st. "Establishing a Committee of Paymastership in a manner con- 
 trary to His Majesty's regulations. 
 
 2d. " Knowingly permitting the StaiF Serjeants of the regiment to be 
 Pay Seijeants of Companies, contrary to His Majesty's regulations. 
 , 3d. " Permitting sentences of regimental Courts Mai-tial to be car^ 
 ried into execution without aflixing his approval to the proceedings of the 
 same. 
 
 4th. " Illegally changing the sentence of a regimental Court Martial 
 by his own authority. 
 
 5th. " Approving a sentence of a Court Martial, which had been held 
 not by his order. 
 
 6th. " Directing a sentence of a Court Martial to be carried into exe- 
 cution in a manner contrai-y to the tenor of the said sentence. 
 
 7th. " Entering Courts Martial irregularly, in respect to dates, in the 
 regimental Court Martial book. 
 
 8th. " And lastly, omitting entirely to enter many Courts Maitial in 
 the said book, which had taken place in the regiment." 
 
 8th. ' For neglect of duty, as Commanding Officer of the 8th (or 
 King's) Regiment, and for violation of those orders and regulations of 
 the service, which His Majesty has been graciously pleased to estabUsh 
 for the protection of the pecuniary interests of every soldier in the British 
 army, in the following instances. 
 
 1st. " Publishing a regimental order about November last, and ap- 
 proving the report of a board, by which the Quarter Master was per- 
 mitted to make an unwarrantable profit in the sale of articles or neces- 
 saries to the soldier. 
 
 2. " Permitting the companies' books to be in a state of great iiTegu- 
 larity. 
 
 3d. " Permitting the private ledgers of the soldiers of the regiment 
 to be in a state of great disorder. 
 
 4th. " Allowing the prices of the same articles of necessaries supplied 
 the different companies, to be charged at a great variety of rates, which 
 must tend to create discontent in the regiment, and injury to the pecu- 
 niary interest of the soldier." 
 
 Upon which charges the Court came to the following decision : 
 
 The Court, having investigated the several charges preferred 
 against the prisoner, Lieutenant Colonel P. T. Roberton, of the 
 8th (or King's) Regiment, and having under its consideration the 
 whole of the evidence produced on this trial, as well in support 
 
830 P. T, Rpberlott. 
 
 of the prosecution, as on the behalf of the prisoner, deckres its 
 opmion, that in respect to the 1st charge, the prisoner is Guilty 
 of the same. 
 
 In respect to the 2d charge, the prisoner is Guilty of the same. 
 
 In respect to the 3d charge, the prisoner is Guilty of the same. 
 
 In respect to the 4th charge, the prisoner is Guilty of the same. 
 
 In respect to the 5th charge, the prisoner is Guilty of the same. 
 
 In respect to the 6th charge, the prisoner is Guilty of the same. 
 
 In respect to the 7th charge, the prisoner is Guilty of the same, 
 in all the eight counts. — The Court remarks, regarding to the 4th 
 count, that the prisoner seems to have been induced to change 
 the sentence of the regimental Court Martial, in order to favour 
 the soldier tried, on account of the particular good character he 
 bore, and the representation of that circumstance made by some 
 Officers of the regiment : further the Court observes, that the pri- 
 soner may have been led into the irregularity stated in the 6th 
 count, from a custom prevailing (as the prisoner asserts) in the 8th 
 Regiment, of inflicting corporal punishment for theft, on the 
 breech . 
 
 In respect to the 8th charge, the prisoner is Guilty of the same, 
 in all the four counts of the said charge. — The Court, however, 
 cannot refrain from remarking, in reference to the 1st count of 
 this charge, the gross irregularity and carelessness with which (as 
 appears from the evidence) the board conducted the duty entrusted 
 to it ; vi'hich neglect of duty, whilst it compromised the pecuniar^f 
 interest of the soldier, might, by possibility, have inadvertently 
 led Lieutenant Colonel Roberton, to publish to the regiment the 
 proceedings of the board, without due reflection : further the 
 Court, in reference to its decision on the 4th count, deems it ne- 
 cessary to remark, that some variation of the prices of necessa- 
 ries will frequently occur in the different companies of a regiment, 
 and may be unavoidable ; yet the exceeding difference of the 
 prices of them (as appears in evidence before the Court) was not 
 warranted by any thing brought forward on the defence, nor does 
 it appear that the prisoner took any steps to ascertain the grounds 
 of such excessive variety of prices. 
 
 The Court, in consequence of the above opinion and finding, on 
 
p. T. Roberion. 131 
 
 all the charges preferred against Lieutenant Colonel P. T. Ro- 
 berton, does sentence him to be cashiered. 
 
 The Court, having delivered its opinion and sentence, adverts 
 to the observations it made in the course of its proceedings to 
 Lieutenant Colonel Roberton, respecting the infraction of the 
 standing orders of the regiment, which he imputed to Brevet 
 Major Campbell. 
 
 The Court remarks, that Lieutenant Colonel Roberton, had in 
 a great degree by his own acts, abrogated those standing orders 
 on the point in question : and further it appears the standing or^ 
 ders which Lieutenant Colonel Roberton attempted to set forth 
 as being in force, had never been communicated to the Officers 
 of the regiment, for the acting Adjutant, and Lieutenant Colonel 
 de Courcy, now in command of the regiment, both declared that 
 they had never been in possession of them. 
 
 The Court deems it farther its duty to comment on the very 
 unusual course pursued by Lieutenant Ross, as appears from his 
 own evidence, in ordering private Coburne to be confined on 
 the report made by the Serjeant Major, that he did not know 
 what might be the consequences in the company, of Coburne's 
 conduct, yet Lieutenant Ross himself acknowledges in his evi- 
 dence that he took no step that night to investigate into this al- 
 leged misconduct, nor did he, though his Captain was present 
 with the regiment, make any report of it to him, or to the Com- 
 manding Officer, till the next day. 
 
 The Prince Regent is pleased, in the name and on the behalf 
 of His Majesty, to approve and confirm the finding and sentence 
 of the Court. 
 
 His Royal Highness at the same time considers the irregulari- 
 ties which appear upon the face of these proceedings to have 
 deranged the whole system of discipline and interior economy, in 
 the 8th (or King's) Regiment, as calling for a decided mark of his 
 reproof and displeasure, not only as essential to the re-establish- 
 ment of good order in this old and distinguished corps, but as a 
 warning to every regiment in the service, that a strict and punc- 
 tual adherence to His Majesty's regulations, in all their detail, is 
 enjoined and expected from them : and it appearing froni the 
 proceedings of this Court Martial, as if the pi ;ictice and the con- 
 
83^ O. Lindsay. ' 
 
 venience of the moment, Mcere permitted in many instances to su- 
 persede the strict observance of the rul^s and regulations laid 
 down by His Majesty's orders, His Royal Highness considers it 
 essential to apprize the \vhole army, that no practices can be per- 
 mitted to sanction the most trivial deviation from those regulations ; 
 and that whoever, in the command of regiments, permits such ir- 
 regular practice, must do so at his and their peril. 
 
 From the tenor of these proceedings, the Prince Regent is 
 pleased to command, that all promotion shall be stopped in the 
 8th Regiment, until the corps shall be reported in a state of good 
 order, conformably to the regulations of the service : — and in con- 
 sequence of the irregularity attending the supply of, and charge 
 for, necessaries, to consider it essential that Quarter Master 
 George Kiernan shall be removed from the 8th Regiment. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Lieutenant Colonel Peter Thomas Roberton, of 
 the 8th (or King's) Regiment of Foot, together with the finding 
 and Sentence of the Court, and the Prince Regent's pleasure 
 thereon, shall be entered in the general order book, and read at 
 the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 STAFF SURGEON OWEN LINDSAY.— I8I9. 
 
 G. O. Horse Guards, 4 Sept. 1819. 
 
 His Royal Highness the Commander in Chief has been pleased 
 to direct, that the following copy of a Letter, which has been 
 this day addressed to Staff Surgeon Owen Lindsay, together 
 with a copy of the opinion and Sentence of the General Court 
 Martial, recently held for the trial of that Officer, shall be en- 
 tered in the general order book, and read at the head of every 
 regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Geo 
 
 SIR, Horse Guards, 4 Sept 1819. 
 
 I herewith transmit a copy of the charge, on whicfei 
 
 you have been tried by n General Court Martial, together with 
 
0. Lindsay. 833 
 
 the Sentence of the Court, and in conformity to its award, I 
 hereby convey to you a severe reprimand for having written the 
 paragraph of the letter embodied in the charge, containing highly 
 improper expressions, indicating a jealousy extremely detrimental 
 to the service at large, and conveyed in most reprehensible terms. 
 I likewise apprize you, that in order to carry that part of the 
 sentence which enjoins the publicity of this reprimand into eft'ect. 
 His Royal Highness the Commander in Chief has directed, that 
 the charge, the finding of the Court, and this letter, shall be pro- 
 ^mulgated in the general orders of the army. 
 
 I have, &c. 
 (Signed) HARRY CALVERT, Adj. Gen. 
 To Staff Surgeon Owen Linckay. 
 
 MemorandumjTo/' theA^utant General. 
 
 Horse Guards, 28 Avg. 1819. 
 The Commander in Chief has laid before the Prince Regent 
 the proceedings of a General Court Martial, held at Whitehall, 
 on the 3d and 4th of August, 1819, for the trial of Staff Surgeon 
 Owen Lindsay, who was arraigned upon the undermentioned 
 charge, viz. 
 
 " For scandalous conduct, in addressing a Letter to James Dease, one 
 of the Surgeons of His Majesty's Forces, stationed at Chatham, dated 
 from Duke Street, St. James's, February 18, 1819, and signed, ' Owen 
 Lindsay,' containing the following paragraph, viz. 
 
 " I was niuch disappointed at two men of the 64th Regiment not 
 having been sent to the Chelsea Board, as I had aiTanged matters in 
 such a manner, that they were to have gone to the Board, and the 
 attention of the Commissioners was to have been directed towards the 
 state of their eyes, and all this was done quietly viHithout any person con- 
 nected with Sir W A knowing any thing concerning the busi- 
 ness. I would recommend you not to mention then' names in any cor- 
 respondence you may have here, at all events till they are snugly lodged 
 in the York Hospital. I hope you have not meddled vidth their Oches, 
 and that you will not prevent their getting drunk, &c. so that they may 
 have proper vasculai- cornea. 
 
 " He, the said Staff Surgeon Lindsay, thereby intending and endea- 
 vouring to persuade the said James Dease to be guUty of a neglect of 
 duty towards Corporal John Phillips, and Private John Pyke, soldiers in 
 the 64th Regiment, who had had a complaint in their eyes, and were 
 then at Chatham on their way to Chelsea to be examined by the Board, 
 such conduct beitig highly prejudicial to the service, and disgraceful to 
 the character of Mr. Lindsay, as Staff' Surgeon of Hi-s Majesty's Forces.' 
 
 3h 
 
834 T. Buck. 
 
 Upon which charge the Court came to the following de- 
 cision : 
 
 The Court, liaving maturely considered the evidence which 
 has beeh Adduced in this ease, and the prisoner's defence, are of 
 opinion that he is Guilty of so much of the charge as consists 
 iii having written the paragraph of the letter embodied in the 
 cliarge, and they are of opinion that it contains highly improper 
 expressions, indicating a jealousy extremely detrimental to the 
 service at large, and conveyed in terms which the Court considers 
 as most reprehensible. 
 
 But as it appears, that the prisoner was aware at the time the 
 leftter Was writteli, that the men alluded to, had been discharged 
 from hospital treatment, and were no longed under the controul 
 of Mr. Dease, they are further of opinion that the letter was 
 not written with the criminal intent attributed to the prisoner, 
 and they do, therefore, acquit him of scandalous and disgraceful 
 Conduct, and of intending add endeavouring to persuade Mr. 
 Dease to be gtiilty of a ridglect of duty, as set out in the latter 
 part of the charge. 
 
 The Court do, under these circumstances, sentence the prisoner. 
 Staff Surgeon Owen Litidsay, to be publicly and severely repri- 
 manded at such time and place as His Royal Highness the Com- 
 ttrS&der in Chief shall think pfdper to appoint. 
 
 The Prihce "Regent was pleased, in the name and on the behalf 
 of His Ms^esty, to approve and confirm the finding and Sen- 
 tencie of this Coiirt, and to command-, that the Adjutant General 
 should be instructed to reprimand Surgeon Litidsay, publicly and 
 severely, in conformity thereto. 
 
 The Adjutant General will, therefore, be pleased to take the 
 earliest opportunity of carrying into execution the pleasure of 
 the Prince Recent accordingly. 
 
 (Signed) FREDERICK, Commander in Chief. 
 
 N. B. Staff Surgeon Litids^^jf is still on Full-pay. — Editor. 
 
 MAJOR THOMAS BUCK.— 1819. . 
 
 Horse Guards, 6 Sept. 1819. 
 At a ©eneraL Cdurt Martial, held at Corfu, on the 31st 
 
'fHuck. , 833 
 
 May, 1819, and continued by adjournments to the 2d of June 
 following, Major Thomas Buck, of the 8th (or King's) Regiment 
 of Foot, was arraigned upon the undermentioned charge, viz. 
 
 " For conduct most unmilitary and subversive of all discipline and 
 good order, in the foUovifing instances, viz. 
 
 1 St. ' For making use of insulting language to the OfiScers of the 8th 
 (or King's) Regiment of Foot, at large, at the mess at Malta, in or 
 about the month of May last, as follows. 
 
 " That he would be damned if ever he sat at the mess-table again, 
 or words to a similar insulting effect j and then withdrawing himself 
 from the mess. 
 
 2d. ' For refusing subsequently to using such expressions, and so con- 
 ducting himself, to retract what he had said, when requested so to do 
 by Lieutenant Colonel Roherton. 
 
 3d. ' For delivering a message to Lieutenant Colonel Robertbn, to be 
 carried to the Officers of the 8th (or King's) Regiment of Foot, to the 
 fbllovping purport, amounting to a challenge, — ' that if any persons 
 thought themselves aggrieved at what he. Major Buck, had said, he 
 would grant them satisfaction,' and which message Lieutenant Colonel 
 Roherton did immediately, or shortly afterwards, deliver to the said 
 Officei's.' 
 
 Upon which charge the Court came to the following decision : 
 
 The Court having investigated the charge preferred against 
 the prisoner, Major Thomas Buck, of the 8th (or King's) Regi- 
 ment, and having under its consideration the whole of the evi- 
 dence offered on this trial, as well in support of the prosecution, 
 as on the behalf of the prisoner, declares its opinion that, in 
 lespiect to the first instance, the prisoner is Guilty of the charge 
 as specified in the said first instance. 
 
 In respect to the second instance, the prisoner is Guilty of 
 the charge, as specified in the said second instance. 
 
 In respect to the third instance, the prisoner is Not Guilty of 
 the charge, as specified in the said third instance ; inasmuch as 
 the evidence does not sufficiently prove that Lieutenant Colonel 
 Roberton was actually authorized, by Major Buck, to carry the 
 challenge, which he did carry to the Officers of the Regiment, 
 although it is clear that Major Buck, made uae of the language 
 as stated in the third instance of the charge. 
 
 The Cotu-t, in consequence of the above opinion and finding, 
 
 does sentence the prisoner. Major Thomas Buck, of the 8th (or 
 
 King's) Regiment of Foot, to be placed at the foot of the list of 
 
 the Majors of His Majesty's army, and further to be jpubiicly 
 
 3 H 2 
 
836 J. Mahm. 
 
 and iiverely reprimanded at siich time and place as may be 
 directed. 
 
 The Court having delivered its opinion and sentence, deems it 
 its duty to animadvert upon a part of the evidence of Brevet 
 Major Campbell, given on the defence, as regarding the third in- 
 stance of the charge. . 
 
 And the Court cannot refrain from remarking, as well on the 
 spirit vs'hich evidently appears to have actuated the witness, as on 
 the answers themselves which are most extraordinary, inasmuch 
 as it must have been evident to the witness, that the message 
 which he himself sent, could not, by any possibility, have been 
 in consequence of the communication made by Lieutenant Co- 
 lonel Roberton ; as that communication was, with the witness's 
 own knowledge, made on the day subsequent to that on which he 
 sent the message which he relates in his evidence. 
 
 His, Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court ; and as Major Buck, 
 has been promoted according to his standing in the general bre- 
 vet lately published, and previous to this sentence being made 
 known, the same will be cancelled in-order to the fulfilment 
 thereof. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charge, exhibited against Major Thomas Buck, of 
 the 8th (or King's) Regiment of Foot, together with the finding 
 and Sentence of the Court, and the Prince Regent's pleasure 
 thereon, shall be entered in the general order book, and read at 
 the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Major Buck is now upon the Half-pay of the 98th Regi- 
 ment. — Editor. , 
 
 LIEUTENANT JOHN MAHON.— 1820. 
 
 Horse Guards, 26 Jan. 1820. 
 At a General Court Martial, held at St. Ann's Barracks, in 
 
J. Mahon. 837 
 
 the Island of Barbadoes, on the 4th, 5th, and 6th October, 1819, 
 and re-assembled on the 8th of the same month. Lieutenant John 
 Mghon, of the Qth Regiment of Foot, was arraigned upon the 
 undermentioned charge, viz. — 
 
 " For scandalous, infamous conduct, such as, is unbecoming the cha- 
 racter of an Officer and a Gentleman, in assaulting and striking Lieute- 
 nant Geagan, Half-pay 8th West India Regiment, in the mess-room of 
 the detachment 9th Regiment Infantry, in the Barracks at Mome Bruce, 
 Dominica, on the night of the 3d July last.'' 
 
 Upon which charge the Court came to the following decision ; 
 
 The Court, having maturely weighed and considered the evi- 
 dence on the part of the prosecution, as well as what the pri- 
 soner has alleged and proved in his defence, is of opinion that 
 the prisoner. Lieutenant John Mahon, of the 9th Regiment of 
 Infantry, is Guilty of ' conduct unbecoming the character of 
 an Officer and a gentleman, in assaulting and striking Lieutenant 
 Geagan, Half-pay 8th West India Regiment, in the mess-room 
 of the detachment of the 9th Regiment of Infantry, in the Bar- 
 racks of Mome Bruce, Dominica, on the night of the 3d July 
 last, but the Court acquits the prisoner of scandalous and infa- 
 mous conduct, 
 
 The Court having thus found the prisoner, Lieutenant John 
 Mahon, Guilty, doth sentence and adjudge the said prisoner. 
 Lieutenant John Mahon, to be dischai-ged His Majesty's service, 
 
 Considering, however, the provocation which the prisoner re- 
 ceived in the first instance, ' in being called an Idiot by Lieu- 
 tenant Geagan ; considering that the prisoner's conduct did not 
 make such an impression at the time as to cause the Senior Offi- 
 cer present to place him in immediate arrest ; considering that 
 Lieutenant Geagan consented, and was allowed to accept early 
 on the following morning, all the reparation which the prisoner 
 could make for the qonduct in question ; considering also- the 
 length of time which elapsed before the prisoner was eventually 
 placed in arrest, with a view to the institution of these proceed- 
 ings, in which no aggravating circumstances appear against the 
 prisoner on the prosecution ; adverting also to the youth, inexpe- 
 rience, and general good conduct of the prisoner, the Court 
 most earnestly begs leave to recommend the prisoner ^s a proper 
 object of the Royal clemency. 
 
838 J. Mahon. 
 
 Wriday, SOct. 1819. 
 In pursuance of a General Order issued by the direc- 
 tions oT His Lordship, the Commander of the Forces, the Court 
 met at 10 o'clock to revise their former opinion and sentence. 
 
 The proceedings, opinion and sentence, having again been 
 considered by the Court, the former opinion and sentence were 
 confirmed by the Court. 
 
 The Court, with considerable reluctance, feel themselves call- 
 ed on to state, that so respectable and meritorious an OflScer as 
 Captain Ogle, was the senior Officer in the mess-room, on the 
 night of the 3d July, when the occurrence in question took 
 place ; and without any intention to contrast the conduct of the 
 two Officers, the Court takes this opportunity of calling the at- 
 tention of His Lordship, the Commander of the Forces, to the 
 highly indelicate and reprehensible behaviour of Lieutenant 
 Geagan, in all the stages of the affair. 
 
 Under all the circumstances of this case, many of which are 
 of a mitigating character, as they affect the prisoner. His Royal 
 Highness the Prince Regent has been pleased, in the name and 
 on the behalf of His Majesty, to remit the sentence of die Court, 
 adjudging him, Lieutenant Mahon, to be discharged from His 
 Majesty's service ; but at the same time commanded, that he 
 should be severely reprimanded for the very intemperate act, which 
 he was led to commit in the mess-room at Morne Bruce, on the 
 night of the 3d of July last, by giving Lieutenant Geagan a 
 blow, and which nothing but irritated feelings under the strongest 
 provocation (which in this instance was very great) could in any 
 degree extenuate. 
 
 The Prince Regent has, at the same time, been pleased to 
 command, that Lieutenant Geagan should also be severely re- 
 primanded for the whole of his conduct in the different stages of 
 this transaction ; but most particularly for the insulting provoca- 
 tion lie originally gave Lieutenant Mahon, which, although upon 
 the trial he does not choose to admit, still he does not venture to 
 deny that he did give, and which Lieutenant Telford states, that 
 on the morning of the 4th July, he admitted himself to have 
 given the night before, hy calling Lieutenant Mahon an idiot. 
 
4- Hog. 8^9, 
 
 The Prince Regent has further commanded, that hjs deep «iis- 
 pleasure shall be expressed at the conduct of Captain Ogle (who 
 was president of the mess, at Mome Bruce, when this affair 
 happened) as being grossly negligent of his duty, in not interpo- 
 sing his ?iuthority on that occasion, by putting the parties under 
 immediE(te arrest, thereby effectually preventing not oflly the 
 fatal consequences which might have ensued to Lieutenant IVfa- 
 hon and LieutenE^nt Geaghan, from their being left at large ; bi^t 
 also the subsequent conduct adopted by Ensign Mills, and th^ 
 Fort Adjutant, which cannot possibly be justiped, and for^vvhlch 
 His Royal Highness has been pleased to command, that Ensigp 
 Mills should be reprimanded at the head of his Regiment, and 
 that the Fort Adjutant should he admonished in such manner a^s 
 the Consmiander of the Forces, in the West Indies, shall be pleased 
 to direct. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charge, exhibited against Lieutenant John Mahop, of 
 the Qth Regiment of Foot, together with the finding jii^d Sentence 
 of the Court, ^ind the Prince Regent's pleasure thereon, shall be 
 entered in the general order book, and read at the heqd of every 
 regiment in H's Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 HARRY CALVEflT, Adj. Gen. 
 
 BREVET LIEUT. COL. ALEX. HOG.— 1820. 
 
 Horse Gvards, 28 Jan. 1820. 
 
 At a General Court Martial, held at Plymouth Dock, op the 
 the 20th December, 1819, and continued by adjournments until 
 the 23d of the same month. Brevet Lieutenant Colonel Alexander 
 Hog, Major in the 55th (or Westmorland) Regiment of Foot, 
 was arraigned upon the undermentioned charge, viz. 
 
 ' For being drunk on duty, when under arms inspecting the guards 
 and picquet of the 55 th Regiment pf Foot, at Plymouth, on, or about, 
 the 9th of October, 1819." 
 
 After mature consideration the Court came to the following 
 
 decision : 
 
 That the prisoner, Brevet Lieutenant Colonel Alexander Hog, 
 
840 A. Hog. 
 
 is Guilty of the charge alleged against him, which,, being in 
 breach of the 9th Article of the 14th Section of the Articles of 
 War, the Court sentences him to be cashiered. 
 
 The Court conceives that it would be a dereliction of duty 
 were it to pass unnoticed so extraordinary, and, as far as the ex- 
 perience of the Court extends, unprecedented an occurrence, as 
 that of a Commanding Officer being put under arrest, while in 
 the actual command of a regimental parade, by a junior Officer 
 of the corps. 
 
 In making this observation, the Court does not presume to 
 take upon itself the authority of commenting upon so delicate 
 and highly important a point of military discipline, further than 
 to remark, that the circumstances detailed in evidence upon the 
 proceedings of the Court, were not, in their nature, of that im- 
 perious urgency, as to have called for the immediate adoption of 
 so very strong a measure. 
 
 And further, that it does not appear to the Court, that Captain 
 Elligood, or the Officers who were called upon by Captain 
 Nicholson, to consult upon the subject, were actuated by any 
 spirit of insubordination, private pique, or malice towards Lieu- 
 tenant Colonel Hog ; but were influenced in their conduct by 
 feelings of zeal for His Majesty's service, and the immediate 
 honour of the regiment. 
 
 His Royal Highness the Prince Regent has been pleased, in 
 the name and on the behalf of His Majesty, to approve and con- 
 firm the finding and Sentence of the Court. 
 
 Although His Royal Highness the Prince Regent considered 
 the judgment of the Court to be a just and appropriate punish- 
 ment, as prescribed by the Articles of War, for an offence so 
 subversive of discipline and decorum, as that of which Lieutenant 
 Colonel Hog has been found guilty : yet, taking into considera- 
 tion the very long services of that Officer, the testimonials of 
 former good and gallant conduct which have been produced in 
 his behalf, as also the destitute situation in which he would be 
 placed at an advanced period of life, if thrown upon the viforld 
 without provision, the Prince Regent is pleased to consider this 
 as a case well calculated to merit the humane indulgence of per- 
 mitting Lieutenant Colonel Hog to receive the regulated value 
 of his commission. 
 
W. Manning. 841 
 
 The Prince Regent has been further pleased to command it to 
 be signified, that though the observations of the Court upon the 
 nature of Lieutenant Colonel Hog's arrest are, no doubt, founded 
 upon the best motives, yet it is impossible to let them go forth to 
 the army without explaining, that the Court are in error, when 
 they suppose that circumstances may not occur, even upon a 
 parade, to justify a junior Officer in taking upon himself the 
 strong responsibility of placing his commander in arrest: such a 
 measure must alone rest upon the responsibility of the Officer 
 who adopts it, and there are cases wherein the discipline and 
 welfare of the service require that it should be assumed. In the 
 present instance, the Sentence of the Court appears to afford a 
 full justification of Captain EUigood's conduct in the placing of 
 Lieutenant Colonel Hog in arrest, though it would have been 
 more regular, if that Officer had continued to rest upon his own 
 responsibility, without calling a meeting of his brother Officers to 
 support it by their opinion. 
 
 The Commander in Chief directs, that the foregoing charges, 
 preferred against Brevet Lieutenant Colonel Alexander Hog, 
 Major in the 55th (or Westmorland) Regiment of Foot, together 
 with the finding and Sentence of the Court, and the Prince Re- 
 gent's pleasure thereon, shall be entered in the general order book, 
 and read at the head of every regiment in His Majesty's service. 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 LIEUT. AND ADJ. WM. MANNING.— 1820. 
 
 Horse Guards, 20 Marci, 1820. 
 
 At a General Court Martial, held at Sunderland, on the 6th of 
 January, 1820, and continued by adjournments until the 12th of 
 the same month, Lieutenant and Adjutant William Manning, of 
 the 40th Regiment, was arraigned upon the undermentioned 
 charges, viz. 
 
 1st. ' For highly improper conduct as an Officer, and particularly in 
 his situation as Adjutant, in making an impertinent reply to Lieutenant 
 Colonel Browne, his Commanding Officer, on the night of the 14th of 
 October last, on the parade of the detachment ordered to march to New- 
 castle, when he. Lieutenant Colonel Browne, thought proper to rebuke 
 
843 W.Manning. 
 
 bun for aa irregnlwty, and for persisting and ccmljbuing to reply to 
 Lieutenant Colonel Browne, in a disrespectful manner, af^r being or- 
 dered by him to be silent. 
 
 2d. ' For acting in direct defiance ef the orders of his Commanding 
 Officer, by returning to the place of parade when the detachment above- 
 mentioned was assembled, and appearing there in a vary unofficerlike 
 manner, after he had been placed in aiTest, and ordered to retire to his 
 quarters. 
 
 3d. ' For neglect of his duty as Adjutant, in various instances, viz. 
 
 1st. ' Having frequently, between the month of May, 1817, (the time 
 the regiment arrived at Glasgow, on its return from France) and the 
 14th of October last, omitted to parade and inspect the daily guard, &c. 
 leaving this duty to be performed by the Serjeant Major, or other Serjeant. 
 
 2d. ' Having repeatedly, between the said periods, appeared on the 
 parade of the guards abovementioned, unregimentally and improperly 
 <lressed and equipped, during his inspection of the said duties, thereby 
 setting a bad example to the young Officers, and to the soldiers in general. 
 
 3d, ' Neglecting to make the necessary arrangement preparatory to 
 the inspection of accoutrements on the parade of the 22d of September 
 last, according to the orders given two days previous. 
 
 4th. ' Neglecting to execute two seperate orders delivo^d to him ver- 
 bally by the Commanding Officer, on the 10th October last, viz. 1st. 
 " In omitting to go personally to the, Captain of the day, to inquire into 
 a neglect of duty of the battery guard." — 2d. " Omitting to insert in 
 orders that a Regimental Court Martial was to be held the following 
 day." ' 
 
 The whole being highly prejudicial to the service, and subver:- 
 sive of good order and military discipline. 
 
 Upon which charges the Court came to the following decision : 
 
 The Court Martial, after an attentive consideration of the evi- 
 dence produced in support of the charges, and of the defence of 
 the prisoner, is of opinion, with respect to the 1st charge, that he 
 Lieutenant and Adjutant William Manning, of the 40th Regiment 
 of Foot, is Guilty of so much of the above charge, as is com- 
 prized in the ' ha.ving persisted in, and continuing to reply to 
 Lieutenant Colonel Browne, his Commanding Officer, in si dis- 
 respectful manner, after being ordered by him to be silgijt,' mi it 
 does acquit him of the rest of the said chai'ge. 
 
 With respect to the 2d charge, that he is Guilty. 
 
 V/ith respect to the 1st count of the 3d charge, that hfe i.^ Not 
 G iiilty. 
 
 With respect to the 2d count of the 3d charge, that he is Not 
 .Qwlty, 
 
 With respect to the 3d count of the 3d charge, that he is 
 Guilty. 
 
W. Mantling. 84S 
 
 With respect to the 1st part of the 4th count of the 3d charge, 
 that he is Guilty. 
 
 And with respect to the 2d part of the 4th count of the 3d 
 charge, that he is Guilty. 
 
 The Court Martial do, therefore, sentence him, the said Lieu- 
 tenant and Adjutant William Manning, of the 40th Regiment of 
 Foot, to lose his rank as Lieutenant in the Army, and in the 4th 
 Regiment of Foot, by being placed lower on the list of Lieute- 
 nants for the space of three years from the date of his commission. 
 
 His Majesty has been pleased to approve and confirm the 
 finding and Sentence of the Court. 
 
 His Royal Highness the Commander in Chief directs, that the 
 foregoing charges, preferred against Lieutenant atid Adjutant 
 William Manning, of the 40th Regiment of Foot, together with 
 the finding and Sentence of the Court, and His Majesty's ap- 
 proval thereof, shall be entered in the general order book, and 
 read at the head of every regiment in His Majesty's service. 
 
 By command of H. R. H. the Commander in Chief. 
 
 HARRY CALVERT, Adj. Gen. 
 
 N. B. Lieutenant and Adjutant Manning is still in the 40th 
 Regiment. — Editor. 
 
 FINIS. 
 
INDEX TO NAMES. 
 
 A. 
 
 ^AlBBOtt, Lieut, Thomas 805 
 
 Adkins, Lieut. 223 
 
 Adney , Capt. John 319 
 
 Aird, Q. Master 615 
 
 Alefounder, Capt Robert 325 
 Alen, Lieut. Col. Luke 774 
 Alexander, D.eputy Com. 
 
 Gen. Robert Waiter 333 
 Allston, Capt. Justinian 17-i 
 
 Ens. Richard Till 429 
 
 Anderson, Lieut. Wra. 561 
 .^^— ^ Lieut James 669 
 Appelius, Lieut. Lewis 432 
 Archdail, Lieut. Col. R. 494 
 Armstrong, Maj. Andrew 43 
 
 Lieut. John 174 
 
 • Lieut 366 
 
 Ashbumham, CoraetJolmll2 
 Assiotti, Capt Francis 349 
 Athenlick, Capt.&Paym. 315 
 Atkius, Lieut Thomas 659 
 Austin, LieutCol.Thomas 351 
 
 Baillic, Brevet Maj. Wm. 786 
 
 81" 
 
 Balfour, Colonel Robert 480 
 Balguy , Capt Edw. Brian 671 
 Ball, Ensign Henry 286 
 
 Baring, Lieut William 701 
 Barlow, Capt rrancisWni.136 
 
 CaptThos.Ant J.169 
 
 Barnes, Q. Master Rich. 70 
 
 Capt. Geo. West 377 
 
 Beaver, Major Peter 39 
 
 Beaufoy, Colonel Mark 590 
 Bedford, Lieut. T. Burton 236 
 Beerling, Lieut James 85 
 Beet, Hospital Mate John 302 
 Belson, Lieut. Col. Philip 210 
 Bender, Lieut. Benoit 695 
 Benson, Maj. Rt Haggard 549 
 Berard, Dep. Assist Com. 
 
 General Peter 521 
 
 Berthier, Ensign John 393 
 Biggar, Faym. Alexander 825 
 Birch, Lieutenant 223 
 
 Bishop, Lieutenant 223 
 
 Bisson, Mr. William 687 
 
 Blair, Captain & Adjutant 315 
 Blake, Lieut James 193 
 
 Lieut John 280 
 
 Lieut. Henry 322 
 
 Blake, Lieut Richard 641 
 Blakeney, Lieut. William 
 
 Augustus 69 
 
 Blood, Ensign Alexander 508 
 Booth, Lieut 223 
 
 Bourke, Lieut. Oliver 430 
 Bourne, Captain Robert 318 
 Boys, Lieut. Col. James 134 
 Bradbridge, Capt. John 784 
 Braybrpoke.Q.Mast.Wm. 65 
 Bridger, Lieut. James 654 
 Bridges, Capt. Joseph 631 
 Brograve, Capt. Roger] 92 
 Brome, Lieut Richard 1 18 
 Broughton, Lieut Colonel 
 
 Charles Delves 260 
 
 Brown, Capt John Beaver 59 
 Lieut A 
 
 Capt C. Boghurst 357 
 
 Lieut Richard 711 
 
 Browne, Maj. Henry 88 
 
 * Colonel Henry 265 
 
 Lieut Col. F. F. 497 
 
 Maj.A.Valentine503 
 
 Bruce, Lieut Alex. 109 
 
 Brulil, Capt George 60 
 
 Buck, Major Thomas 834 
 Buckley, Capt J. Ogden 754 
 Bunbury, Capt Kane 128 
 Burd^tt, Brevet Maj.Geo, 
 
 Saville 656 
 
 Burke, Lieut. Luke 585 
 
 Ens. Thos. Patrick 703 
 
 Burton, Maj. Gen. N. C. 139 
 Butler, Paymaster Pierce 734 
 Byrne, Lieut. Foster 635 
 
 C. 
 
 Caldon, Captain and Adj 
 
 John 321 
 
 Cameron, Lieut. James 468 
 
 Lieut. John 640 
 
 Campbell, Maj. Dugald 35 
 
 Lieut John 123 
 
 Carmichael, Lieut & Ad 
 
 jutant A. G. 134 
 
 Carmody, Ens. John 595' 
 
 Carter, Assistant Surgeon 
 John 254 
 
 Ens. Robert 298 
 
 Capt. Joseph 518 
 
 Capt. Paul 588 
 
 Casey, Laeut. Thomas 153 
 Catmar, Ens. Charles 511 
 Cawthorae, Col. Joim Fen. 1 
 Chamberlayne, Capt.S.B. 307 
 Cheek, Lieut Solomon 349 
 Chinery, Captain Edw. 159 
 Clark, Lieut John 294 
 
 Clay, Maj. Gen. Wald. P. 578 
 Clutterbuck,Capt.Thomas 319 
 Cochrane, Capt the Hon, 
 Wra. Erskine 308, 759 
 
 Ueut. Col. the 
 
 Honourable Basil 387 
 
 Cockell, lieut. and Paym, 
 
 William 49 
 
 Colby, Col, John 50 
 
 Colles, Lieut Wm. 730 
 
 Collier, Paymaster James 680 
 Collison, Cornet Thomas 41 
 
 Connor, Q. Master 365 
 
 Lieut. & Adj.John 472 
 
 Conolly, Lieut.Hen,Robt,220 
 Cooke, Capt John 319 
 
 Cooper, Lieut. Frederick 425 
 Lieut. John 696 
 
 Corrall, Paym. Richard 26fi 
 Corry, Lieut Col,Marcus443 
 Cowell, Ensign Wm, Geo. 
 
 Stepney 653 
 
 Cox, Ensign Allen 245 
 
 Brevet Lieut. Col. 697 
 
 Creswell, Lieut Eastcourt 290 
 Crookshank.LieutRich. 620 
 Crosse, Assist Surg. Geo. 170 
 Crotty, Ens. Daniel 234 
 
 Crozier, Staff Surg. John 209 
 Cruice, Lieut John H. 479 
 Cuming, Surgeon Wm. 698 
 
 Dale, Capt Edw. 338 
 
 Dalzell, Surgeon James 54 
 
 Davis, Capt Wm. gfi 
 
 Capt. Edward 784 
 
 Davy, Lieut Wm. 336 
 
 Day, Q. Mast George 741 
 
846 
 
 INDEX. 
 
 Dean, Capt John 556 
 
 Delannoy, Ensign ScAsaist, 
 
 Surgeon Thos. Robert 550 
 Dennls,Ens. J.Aldborough S58 
 Dickens, Capt. Samuel 661 
 Dillon, Lieut. Anthony 545 
 Dobbins, Lieut. B. 321 
 
 Donelly, Lieut. J. Brown 736 
 Dougan, Lieut. James 247 
 Drew, Capt. Francis 512 
 Drewry, Lieut. G. Henry 242 
 DiiBcoil, Lieut. Henry 782 
 Duckett, Ens. J. T. 204, 219 
 Duff, Lieut. James 622 
 
 Dunkin, Lieut. Thomas 343 
 Duprfi Ensign Daniel 489 
 Durrad, Paym. Fred. H. 702 
 Dymoke, Assist Surg.Gh. 554 
 
 Earner, Cok Sir J. 1 98, 541 
 Earls, Ensign 704 
 
 EastaUgh, Lient. S. 424 
 
 Edgeworth, Comet N. E. 405 
 Edwards, Capt. Jobu C. 252 
 Ellard, Lieut. J. A. 231 
 
 Elliott, Lieut. Col. John 171 
 Ellis, Lieut. W. E. 662 
 
 Elwood, Laeijt. 366 
 
 G. 
 
 Gardiner, Ensign 636 
 
 Gardner,. Lt. ltd. Winter 249 
 Garstin, Capt. Robert 174 
 Gascoigne,,Capt. G.John 256 
 Gilchrist, Ens. James 545 
 Gillespie, Lieut. Col.R.R. 157 
 Gilly, Lieut B. M. 694 
 
 Gilmour, Capt. Robert 568 
 Girling, Lieut Charles 215 
 Goakman, Capt Richard 325 
 Goddard, Q. Master S. 133 
 Goff, Lieut John 450 
 
 Gordon, Major John 148 
 Gore, Capt Charles 124 
 
 Goulding, Hosp. Mate H. 
 
 Miles 362 
 
 Grahdm, Faym. Rt Chas.SlS 
 Grant, Capt. Charles 255 
 Brevet Lt. Col. J. 761 
 319 
 345 
 487 
 
 Graves, Capt. Robert 
 Griffin, Captain Wm. 
 Gonter, Ens; Thomas P. 
 
 Fanning, Lieut 366 
 
 Fentcin, lieut Joibn Jas. 610 
 Fergus, Dep. Assist Com. 
 
 General 404 
 
 Fields, Ens. Wm. Dunn 807 
 Fillingliam, Paym. John 502 
 Fisher, Ens. Neville 278 
 
 Fitzpatrick, Capt Edw. 634 
 
 . Lieut Rich. 729 
 
 Surg. Nicb. 771 
 
 Forbes, Capt the Hon. F. 382 
 Ford, Capt George 228 
 
 Capt John 406 
 
 Fosbrook, Dep. Com. Gen. 
 
 Leonard 661 
 
 Fradgley, Q. Master 254 
 Francis, Paym. Robert 637 
 Fiaser, Lieut Malcolm 628 
 Freeman,Capt.Malt.RobtD77 
 French, Lieut Dominick 397 
 Frizell, Capt Richard 406 
 
 Hall, Barrack Master 86 
 Hallilay, Capt Geo. John 286 
 Hamilton, Loeiit Charles 152 
 
 '— Lieut. R. 813 
 
 617 
 
 see' 
 
 337 
 
 673 
 
 73 
 
 Hancox, Lieut Edward 
 Handley, Ens. ' 
 
 Hankin, Lt. HeUiry Wm, 
 Hanley, Lieut. Michael 
 Harrington, Ensign 
 Harrison, Assist. Sarg, J. 716 
 Lieut Thomas 798 
 
 Hodson LtW.Armstrong 551 
 Hog, Brev. Lieut Col. A. 839 
 Hogaq,Dep.Ass.Com.Gen. 
 
 Patrick Gould 809 
 
 Honner, Major Robert 229 
 Hotham, Col. Sir Chas.Bt 256 
 Huddlestone, Lt. Lawson 368 
 Hudson, Lieut Richard 72 
 Hughes, Ensign Wm. 118 
 
 '■ — Lieut. Wm. 663 
 
 Hospital Assistant 
 
 Charles Clarke 715 
 
 Hume, Dr. Thomas 566 
 
 Hurtter, Ijeut; & Paym. 406 
 Hutcheori, Comet & Adj. 
 
 Alexander 217 
 
 Hylton, Capt^n John 464 
 
 Jackson, Assist Surgeon 
 
 J. Cooke 501 
 
 James, Lient John 189 
 
 Jinkin, Lieut Wm. 292 
 
 Jenkins, Lieut. 704 
 
 Jephson,_Lieut CoI.Wm. 147 
 121 
 338 
 168 
 375 
 153 
 83 
 
 Hartley, Lieut &Paym.T. 67 
 Hasker, Lieut Thomas 
 Haslewood, Lieut Wm. 
 Haugh, Ens. John 
 Hawkins, Capt George 
 Capt. T, 
 
 130 
 
 427 
 
 403 
 
 49; 
 
 Hay, Capt. Thomas 548 
 
 Brevet Lt Col. P. 819 
 
 Heady, Q. Master Wm. 240 
 Heath, Lieut Harry Thos. 747 
 Hedley, Maj. Shafto John 361 
 Helmold, Lieut. Lewis 306 
 Hely, Ens. Henry Edwin 532 
 Henry, Lieut. Thomas 485 
 Herring, Lieut. Thomas 477 
 Hewetson, Capt George 275 
 Hewitt, Capt and Adj. J. 359 
 Heyliger, Lieut N. 360 
 
 Hilhouse, Capt. Martin 728 
 Hodson, Ens. & Assistant 
 Surg. Henry 223 
 
 Imlach, Ens. James 
 Tnce, Capt. George 
 Joliffe, Capt J. Hare 
 Irvine, Lieut Robert 
 Irwin, Capt. Edward 
 Johnson, Lieut Richard 
 Johnston, Lt. Col. George 373 
 
 Capt Thomas 381 
 
 Ensign 396 
 
 Johnstone, Col. the Hon. 
 
 Aildrew Cochrane 189 
 
 Jolliffe, Surg. Benjamin 515 
 Jolly, Q. Mast John 790 
 Joly, Dep. Ass. Cum. Gen. 
 
 Thomas Charles 613 
 
 Jones, LieutWatkinRobtl87 
 
 Lieut John 509 
 
 Lieut Robert 629 
 
 Lieut Meredith 818 
 
 678 
 
 692 
 
 227 
 
 Ireland, Surgeon Wm. 
 Isberwood, Capt Rich. 
 Ivers, lieut 
 
 K. 
 
 Kay; Lieut James 251 
 
 Kean, Lieut. 813 
 
 Keating, Lieut Edward SOB 
 
 Lieut Col Sam. 329 
 
 Keelmg, Capt Thomas 325 
 Kennedy, Assist Surgeon 
 John Hastings SOp 
 
INDEX* 
 
 847 
 
 KenU'mgU.Capt. Charles 380 
 Jfeogh, Lieut. Anthony 555 
 Kerstenian, 2d lieutenant 
 
 Henry Gobibs 625 
 
 JfGiig, Capt. Hon. Rich. 141 
 Kirby, Ijerit. ^ 228 
 
 Lahrbufich, Lieut, Fred, 
 Lalor, Ensign Thomas 
 
 Lambrecht, Lieut. 
 
 ■ Lt. Rd. Wm, 
 
 797 
 167 
 336 
 825 
 631 
 489 
 
 Lancaster Paymaster I. 
 Latrless, Lieut. Peter 
 Lawsou, Ens. J. Fattison 138 
 Lawton, Paymaster John 736 
 Leabon, Lieut. Geo. 347, 431 
 Ledwitfa, Lieut. Wm. 127 
 Leighton, Col. Baldwin 31 
 L'fitrange, Capt. J. Fra. 448 
 Lewis, Lifeut. Walter 358 
 
 Paym. Noah Edw. 553 
 
 Lindsay, Staff Surg. Owen832 
 Lloyd, Ens. James Rich. 
 
 Lewes 131 
 
 Lowes, Q, Mast. John 295 
 
 Ludlow, Lieut, 324 
 
 Lunn, Lieut. C, 707 
 
 Lupton, Lieut. Wm, 756 
 
 Lyster, Assist. Surg. John 652 
 
 M. 
 
 M'Arthur, Lieut. Peter 439 
 
 Capt. Donald 601 
 
 M'Carthy,Q. Mas. Justin 359 
 M'Clellan, Capt. the Hon. 
 
 C. G. 131 
 
 M'Donald, Col. 611 
 
 M'Dougall, Capt, 813 
 
 M'Durraott, Lieut John 123 
 
 M'Gregor, Lieut. 305 
 
 M'Guire, Ens. Edward 545 
 M'Intosh, Brevet Lieut. 
 
 Col. E. 457 
 
 M'lntyre, Capt. John 385 
 Mackelcan, Lieut. CoL J. 282 
 Mackenzie, Col. Lewis 114 
 
 Ens. John 249 
 
 Capt. Kennet 638 
 
 Maclean, Lieut, James 668 
 M'Nair, Ens, John 560 
 
 M'Naughton, Dep, Assist, 
 
 Com. Gen. 506 
 
 Lieut. Arch. 661 
 
 M'Quarrie, Lieut John 488 
 M'Veagh, Lieut, William 151 
 Maddison, Capt, Charles 174 
 
 Madge, Capt. E, H. 229 
 Ma^nn, Hos. Ma. Datiiel 341 
 Mahon, Lieut. John 836 
 
 Mahony, Lient. D. John 88 
 Maiben, Lieut A, Wm. 346 
 Malony, Hos. Ma, James 341 
 Manners, Capt. Thomas 264 
 Manning, Hos. Ma. A, 251 
 Lieut & Adj. W. 841 
 
 Mansel, Lieut 366 
 
 Martin, Assis. Gar. Sur, J. 364 
 Mason, Quar. Mas, James 185 
 Maxwell, Assist. Com,T, 291 
 
 Lieut. Hugh 391 
 
 ^ Pay mast Wm. 552 
 
 Mayer, Lieut 305 
 
 Meredith, Capt Court. 
 Skinner 421, 471 
 
 Midgley, Lieut. Col. John 718 
 Milbank, Surg, Samuel 327 
 Mockler, Lieut Ed. Js, 
 ^Moffett, Ens. John 
 Monoux, Maj. Philip 
 Moore, Lieut, 
 
 Lieut, M. 
 
 Capt Thomas 
 
 Surg, Thomas 
 
 Morgan, Paymast. John 
 Morris, Lieut Brabazdn 
 Capt Arthur 
 
 779i 
 796i 
 174 
 305 
 482 
 650 
 745 
 399 
 184 
 
 0'KeHy,Lieut.Col,A,D. 41 
 
 O'Mealy, Assist Sui^. J. 280 
 O'Meara, Assist Surg. Z93 
 O'Reilly, Capt Jam^ 243 
 Chtasby, Maj. Stephen 681 
 Oltley, Maj. Rob. Wm. 62 
 
 P. 
 
 Parker, Lient, Thomas 
 Parsons, Lient Philip H, 
 Paxton, Lieut. John 
 Peacocke, Col. Sir Nath. 
 Percy, Lieut. John 
 
 Pechall, Capt. 
 
 Peters, Lieut Joseph 
 
 Capt. John God, 
 
 Pliillips, Lieut. Thomas 
 Capt D, 
 
 Pierard, Lieut, Henry 
 Piper, Brevet Lieut. Col, 
 
 John 
 ^-^ — Capt Hugh 
 Pooler, Staff Surg. John 
 Porch, Capt. Thomas 
 Powell, Lieut Edward 
 Power, Paymast, Harris 
 
 ■ Ens. William 
 
 lient, S. B, 
 
 Morrison, Lieut William 363 
 Morrow, Lieut. A. 482, 484 
 Moreton, Apothecary T, 322 
 Moyle, Capt Peter 784 
 
 Mullins, Brevt. Lieut Col, 
 
 the Honble. Thomas 690 
 Murray, Lieut, Gen, Sir 
 
 J, Bart. 658 
 
 Quar. Mas. F. W. 236 
 
 Myers, Li«ut, Charles 204 
 
 N. 
 
 Nash, Lieut. William 432 
 
 Nesbitt, Capt. Robert 307 
 
 Neville, Lieut. John 225 
 
 Newman, Lieut R. 338 
 
 Nichols, Lieut 223 
 
 Northy, Maj. Augustus 370 
 
 710 
 304 
 303 
 611 
 393 
 5fS 
 S3l 
 534 
 85 
 314 
 676 
 
 765 
 
 792 
 492 
 310 
 467 
 378 
 627 
 733 
 
 Price, Paymast. Thomas 247 
 Adj. Wm, Mitchel 355 
 Prior, Lieut Thomas 748 
 Proctor, Maj, Gen, Hfcn. 684 
 
 Q. 
 
 Q Dentin, Col. George 645 
 
 R. 
 
 Radcliff, Lieut. Col. Wm, 301 
 Rainy, Lt. Col. Gervase 272 
 Ramsden, Lieut 223 
 
 Raynes, Lieut George 534 
 Read, Lieut John 47 
 
 Reid, Ens. Hamilton 507 
 Richardson, Lieut. 223 
 
 Com. Clerk T. 340 
 Ring, Ens. Edward 824 
 
 Oats, Deut. Mark 619 
 
 O'Brien, Ens, Daniel 545 
 O'Callaghan, Lieut Col, 
 
 the Hon. Robert W. 207 
 O'Flauagan, Lieut James 65l 
 O'Flannagan, Lieut Mich. 683 
 Ogle, Lieut. Col. John 53 
 
 Roberton, Lt. Coi. P. Th. 828 
 Robertson,Capt.Masterton 77 
 
 Lt, Paym, Rt. 297 
 
 Lt Alexander 348 
 
 Lieut Robert 564 
 
 Lieut William 740 
 
 Lieut. Robert 749 
 
 Robmson, Ens. John 689 
 
884 
 
 INDEX. 
 
 Boss, Lieut. Col. John 80 
 Rudder, G arris. Mate W. 272 
 Russell, Q. Mast. James 146 
 Kuxton, Lt Wm. 664, 780 
 %ves, Ll. Col. P. Thos. 763 
 
 S. 
 
 Sandys, Lieut. R. 231 
 
 Schultze, Lieut. Edward 304 
 Scott, Capt. Michael T. 153 
 
 Lieut. George 574 
 
 ■ Lieut. William 675 
 Selway, Qua. Mast. John 77 
 Shaw, Lieut. Isaac 612 
 
 Shawe, Lieut. Samuel 390 
 Sheehan, Lieut Wm. 443 
 Shiell, Lieut C. C. 492 
 
 Shore, Capt. George 434 
 Sbrigley,Paym. S. 73, 198 
 Sinclair, Lieut. Donald 296 
 Slade, Paym. George 708 
 Slater, Ens. William 757 
 Smith, Lieut Col. John 164 
 
 Capt Charles Hen. 174 
 
 Comet Js. F. 453, 454 
 
 Paym. Philip 788, 813 
 
 Smyth, Lt James 574,575 
 
 Capt. Ralph 821 
 
 Spunner, Eus. Robert 106 
 Stmner, Lieut Col. 705 
 
 Standidge, Dep. Ass. Com. 
 
 Gen. William 636 
 
 Stanhope, Lieut the Hon. 
 
 Augustus 744 
 
 Stanroyd ,Paym.Stanroyd 317 
 Stanton,LtSurg.J. 101, 244 
 
 Ens. Henry 194 
 
 Staples, Capt Charles 256 
 
 Steel, Capt. Cha. Henry 
 Steitz, Lieut Frederick 
 Stevenson, Lieut W. T. 
 Ens. John 
 
 Stewart, Col. Richard 
 Sterling, Capt. John 
 Straker, Lieut Bishop 
 Sutherland, Capt..£neas 
 
 Ens. Alex. 
 
 Lieut Edward 
 
 440 
 529 
 272 
 374 
 151 
 386 
 628 
 226 
 513 
 794 
 
 Ward, Dep. Assist. Com.Gen. 
 Robert 777 
 
 Warlock, Lieut 664 
 
 Watson, Lieut. Col. H. o6 
 Waughj Capt 367 
 
 Webb, Ens. Henry 153 
 
 Weir, Q. Mast William '446 
 West, Lieut Charles 739 
 Wheeler, Lieut P. D. 311 
 White, IJeut Charles 
 
 Lieut. Richard 
 
 Lieut. George 
 
 Talbot, Assist Surg. T. 
 Taylor, Lieut. Paym. 
 Teeling, Lieut. Walter 
 Thompson, Maj. Peter 
 Capt. Thos. C 
 
 I' 
 
 Towell, Lt & Adj. Geo. 
 Tripp, Capt Peter 
 Truscott, Capt. Robert 
 Tucker, Capt. John 
 Tully, Lieut Edward 
 
 437 
 
 512 
 
 586 
 
 Whitelocke,LtGen.Jolm262 
 
 ^ Wilkins, Lieut Oswald 106 
 
 269 Williams, Capt. Farnham 257 
 
 383 
 
 801 
 
 406 
 
 406 
 
 478 
 
 813 
 
 544 
 
 711 
 
 394 
 
 U. 
 
 Virgo, Capt. Wm. Hen. 332 
 Upton, Lieut. William 278 
 
 W. 
 
 Wade, Lt Col. Henry G. 455 
 Walker, Captain J. 238 
 
 - Capt John 692 
 
 Walsh, Assist. Surg. John 
 
 Hutchinson 315 — 438 
 
 Walton, Ens. Rt Baron 699 
 
 -Assist.Surg.W.609 
 Williamson, Dep. Com. Gen. 
 James _ 310 
 
 Willington, Paym. John 160 
 Winckstern, Lieut. Alex. 334 
 Winrow, Lieut. John 781 
 Witney, Ens. 336 
 
 Wood, Lieut Frederick 751 
 Wrey, Lieut M. L. 743 
 
 Wright, Lieut. Thomas 583 
 Wyatt Lieut Col. W.E. 372 
 Wyvill, Maj. R. A. 605 
 
 Yates, Ens. William 570 
 Yeaman, Capt R. L. 231 
 Young, Q. Mast. Robert 110 
 
 Z. 
 
 Zouch, Lt. Ed. Clem. N. 357 
 
INDEX TO CHARGES, 
 
 ^c. Sfc. §'c. 
 
 XlBANDONiNG a post oD tile approach of 
 an enemy, 309. 
 
 , see Shamefully. 
 
 Absence, leave of, falsely obtained, 136. 
 
 Absent from guard, post, or duty, 48, 
 109, 170, 171, 177, 219, 278, 
 297, 303, 333, 347, 349, 357, 
 372, 375, 384, 397, 424, 449, 
 450, 451, 487, 490, 513, 528, 
 573, 584, 613, 618, 629, 632, 
 637, 703, 706, 715, 731, 750, 
 
 during the greater part of an ac- 
 tion with the enemy, 125. 
 
 Abuse of military authority, 191, 306, 
 828. 
 
 between two Officers, 248, 256, 
 
 305.^ 
 
 Abusing, threatening, and ill-treating 
 another Officer, 72, 147, 238, 
 656, 805. 
 
 • and defaming character, 251 
 
 361, 473, 654. 
 
 Accepting money for pardoning deserters. 
 
 Allowing a Quarter Master to make ex- 
 orbitant charges, 480. 
 
 Altering a return, 438. 
 
 the sentence of a Court Martial 
 without authority, 443, 828. 
 
 Animadversion of the King upon the too 
 hasty assembling a Court Mar- 
 tial, and for carrying the same 
 into execution, 212. 
 
 of the King upon the con- 
 
 from persons chosen by 
 
 ballot to serve in the militia, 4. 
 
 ^"a challenge to fight a duel, 232, 
 
 336. 
 
 Acknowledgment of imptoperconduct, 56. 
 
 of peculation and in- 
 justice, 421. 
 
 Acrimon]^ in a regiment towards the com- 
 manding Officer, 166. 
 
 Admonition of a Court for the want of 
 caution and respect to the au- 
 thority of a Commanding Offi- 
 cer, 314. 
 
 of the Prince Regent upon a 
 
 Commanding Officer, for want of 
 due attention to the rules and 
 regulations of the service, 482. 
 
 Advising Officers to defraud recruits of 
 their allowance, 252. 
 
 Allowing men to work for private persons, 
 435. 
 
 duct of prosecutors, 428, 639, 
 714. 
 
 of the King upon a Court 
 
 Martial, for allowing their feel- 
 ings to blind their judgment, 619: 
 
 of the King, upon a Court 
 
 Martial for having exceeded 
 their power and authority, 660, 
 661. 
 
 of the King upon a Court 
 
 Martial, for au improper sen- 
 tence, 707. 
 
 of the King for the evidence 
 
 given before a Court Martial, 
 836. 
 
 - of a Court upon evasive 
 
 and reluctant evidence, 434. 
 
 Apology for improper conduct, 56, 129, 
 158. 
 
 Appearing in coloured clothes at a thea- 
 tre, having been excused from 
 duty on the plea of ill-health, 
 234. 
 
 Approbation of a Court upon clear evi- 
 dence, 434. 
 
 Arbitrary conduct in a CommandingOffi- 
 cer, 372. 
 
 Arrest, the confirming improperly, 289. 
 
 refusing to be placed under, 193, 
 
 299. 
 
 an Officer under one, being or- 
 dered to wear coloured clothes, 
 197. 
 
 — ; , see Brealdng and Kefusing. 
 
 Arresting an Officer, escorted by two men 
 
850 
 
 INDEX TO CHARGES, &C, 
 
 with drawn swords, contrary to 
 the British military custom,. 38. 
 
 Assaulting an Officer, 252, 280, 662. 
 
 Associating with Officers under sentence 
 of a Court Martial, 5S3. 
 
 • — with private soldiers, and others 
 
 of inferior rank in society, 3T, 
 234, 238, 250, 316, 337, 368, 
 369, 375, 392, 405, 511, 516, 
 519, 584, 729. 
 
 Assuming unwarrantable power, 27, 374. 
 
 Attempting to draw a sword upon a Com- 
 manding Officer, 265. 
 
 to force a sentinel, 670. 
 
 Attesting men after they had been de- 
 clared unfit for service, 202. 
 
 Avoiding the spirit of an Act of Par- 
 liament respecting the number 
 0f lashes, 495. 
 
 B. 
 
 BteBting ftnd kicking another Officer, 87. 
 
 Borrowing money and necessaries of non- 
 commissioned Officers and pri- 
 vate soldiers, 205, 221, 490, 
 731. 
 
 -■ ■ of a menial servant and 
 
 not paying the same, 223. 
 
 Breach of duty m a Commanding Officer 
 of ategiment not having directed 
 an annual inspection of the ac- 
 coutrements, 38. 
 
 of faith or honour, 79, 779. 
 
 Breaking arrest, 79, 113, 171, 193, 219, 
 242, 251, 252, 234, 296, 299, 
 303, 316, 334, 358, 364, 369, 
 375, 452, 494, 508, 557, 628, 
 640, 642, 660, 671, 796. 
 
 Breaking open a wine-cellar door, 625. 
 
 . — ^ the portmanteau of a de- 
 ceased Officer, 712. 
 
 Bribing a sentinel, when under arrest, to 
 permit an escape, 113. 
 
 a sentinel, oi watchman, 179. 
 
 Bumidg documents that would have been 
 of consequence upon a Court 
 IVIartial, 323. 
 
 c. 
 
 Calumniating a Commanding Officer and 
 the regiment generally, 130, 
 712. 
 
 a General Officer, 152, 
 
 782. 
 
 an Officer, 325, 7'28. 
 
 Casting lots to fight a duel, 2.*i2, 370. 
 
 Causing the sentence of an illegal Court 
 Mattial to 'be carried into execu- 
 tion, 441. 
 
 Caution to a Commanding Officer to be 
 more guarded in his language 
 towards the Officers of the regi- 
 ment, 201. 
 
 Censurable conduct in a Commanding Of- 
 ficer, for not having properly ac- 
 counted for money due to de- 
 ceased Officers, 150. 
 
 in not paying proper 
 
 attention and civility to a supe- 
 rior Officer at the theatre, 156. 
 - and irregular conduct in apield 
 Officer, 282. 
 
 Censure upon a Captain of Dragoons for 
 having placed too much confi- 
 dence in his Quarter JMaster, 
 with regard to the provender of 
 the horsesi 99. 
 
 upon the Officers of a mess, for 
 
 refusing to admit another Officer 
 who had been tried and par- 
 doned, 288. 
 upon a battalion, for a false im- 
 pression, in considering them- 
 selves released from absolute 
 professional responsibility when 
 at the mess or other meetings, 
 292. 
 
 upon a Field Officer, in not pla- 
 
 cing a subaltern under an imme- 
 diate arrest, 295. 
 
 upon a Court Martial, for impro- 
 
 perly exceeding their duty, and 
 
 assuming a power that they did 
 
 not possess, 412. 
 for adopting 
 
 an inconsistent judgment, 413, 
 
 419. 
 upon the conduct of a prosecutor, 
 
 463, 539, 760, 771. 
 
 upon the prevarication of an evi- 
 
 dence, 511. 
 
 npon the neglect of a Command- 
 ing Officer, 694. 
 
 Challenge sent by a Field Officer to a sub ■ 
 altem, 90. 
 
 General Officer to a 
 
 Captain, 139. 
 
 ,13»e bearer of one, 91, IJO, 
 
 293, 304, 676, 708, 739, 756, 
 '823, 828. 
 
 Chullengiug a General Officer for his evi- 
 dence before a Court Martial, 
 47. 
 
 —1—1 — i^-to fight a duel, 86, 109, 
 2S2, 243, 322, 336, 351,389, 
 429, 449, 458, 508, 516, 551, 
 S85, 665, 669, €75, 780, 757. 
 • several Officers, 196. 
 
 iGhafjges, unfounded, disgraceful to those 
 who brought them fomard, 81. 
 
INDEX TO CHARGES, &C. 
 
 851 
 
 Circulating libels iii a tegiment, against 
 a superior OfRcer, SS8. 
 
 —^ a paper reflecting on the cha- 
 racter of a superior Officer, 318. 
 a false and malicious libel, S33. 
 
 Clothing improperly withheld from the 
 soldiers, by a Commanding Offi- 
 cer, 115. 
 
 Combination against a Colonel, 768. 
 
 Combining against the Colonel of a regi- 
 ment, with the view of lessening 
 him in the eyes of the other Of- 
 ficers and soldiers, 175. 
 
 and absenting from the society 
 
 of Field Officers and Captains, 
 
 Commanding Officer suffering seditions 
 and disrespectful words to be 
 made use of in his presence, 
 without taking any notice of 
 them, 32. 
 
 — — — ' Officers of regiments not to al- 
 low misunderstandings on points 
 of duty to become a matter of 
 personal dispute, 45. 
 
 Commuting punishment, and taking mo- 
 ney for the discharge of a sol- 
 dier, 202. 
 
 Compelling soldiers, by threats and con- 
 finement, to receive slop-cloth- 
 ing from a private store, 115. 
 
 Concealing and keeping men under shel- 
 ter of a sand-bank, after having 
 received orders to advance, 63. 
 
 Conduct, see Acknowledgment, Arbitra- 
 ry, Improper, Intemperate, Out- 
 rageous, Reprehensible, Scanda- 
 lous, Singular, Unbecoming, Un- 
 gracious, Unmanly, Unwarrant- 
 able. 
 
 Conniving at improper charges, 260. 
 
 at the irregularity of a soldier, 
 
 292. 
 
 at an overcharge for negroes, 
 
 328. 
 
 Conspiracy to game and play for the pur- 
 pose of gain and advantage, 744. 
 
 Conspiring against the life of another Of- 
 ficer, 232. 
 
 with, and advising, another 
 
 Officer to publish a placard 
 against the Colonel of the corps, 
 357. 
 
 Contempt and disobedience of orders to- 
 wards a Commanding Officer, in 
 refusing to confine a prisoner in 
 the guard-house, 70. 
 
 Contemptuous and disrespectful conduct 
 towards a Commanding Offi- 
 cer, 90, 497, 793. 
 
 3I2 
 
 Contractor, a Paymaster receiving a gra- 
 tuity from, 68. 
 
 a Quarter Master receiving a 
 
 gratuity from, 240. 
 
 Contrition in an Officer, for having written 
 a disrespectful letter to a Major 
 General, 143. 
 
 for having written and publish- 
 ed a disrespectful letter, 403. 
 
 for having written infamous as- 
 persions against a Field Officer, 
 644. 
 
 ' for bavins; abused and other- 
 
 wise ill-treated a subaltern, 637. 
 
 Convening and holding an irregular meet- 
 ing, and binding the members 
 to secrecy, 319. 
 
 Converting the horse of a deserter from 
 the enemy to private purposes, 
 83. 
 
 pay to private use, 27. 
 
 to personal use the money aris- 
 ing from the sale of corn, 96. 
 
 Co-partnership, aCommandingOfficer with 
 his Quarter Master, 148. 
 
 Countenancing an unjust claim, 83. 
 
 Court of Inquiry, threatening behaviour 
 to, 123. 
 
 Creating disunion in a regiment, 533. 
 
 Cruelty and oppression in compelling sick 
 soldiers to attend parade, 200. 
 
 towards a private soldier, 213. 
 
 Culpable conduct in Commanding Officers 
 of companies putting soldiers 
 under stoppages to provide re- 
 gimental clothing, 52. 
 
 neglect in a Commanding Offi- 
 cer, procrastinating the certify- 
 ing of certain pay-lists, 150. 
 
 conduct in an Adjutant making 
 
 claim upon the clothier of the 
 regiment for a regimental jacket, 
 218. 
 
 neglect of duty in abandoning 
 
 a post on the approach of the 
 enemy, 309. 
 
 conduct with respect to forage, 
 
 537. 
 
 neglect in a Colonel of a regi- 
 ment in not preventing abuses, 
 591. 
 
 D. 
 
 Declaration, false one, in a Comet of 
 Dragoons, stating that he was 
 the son of a Baronet and the ne- 
 phew of an Earl, 112. 
 
 Decoying an Officer out of a house, and 
 then assaulting him, 665. 
 
S59, 
 
 INDEX TO CHARGES, &C, 
 
 Defamuig Character, see Abusing. 
 
 Deficiency in zeal, judgment, and per- 
 sonal exertion in a Coratnander 
 of the Forces, 264, 687. 
 
 Defrauding a county, or government, of a 
 ' sum of money, 265. 
 
 soldiers and tradespeople, 350, 
 
 439, 622, 798. 
 
 Degrading treatment in a Commanding 
 Officer of a regiment towards a 
 Captain, 152, 
 
 Delivering a challenge to a superior Offi- 
 cer, 110. 
 
 a message, 231 . 
 
 Depredation of a Paymaster upon a banker, 
 814. 
 
 Desertion of a Paymaster of a regiment, 
 ■ 42. 
 
 of a Quarter Master, 111, 254. 
 
 of an Assistant Surgeon, 300, 
 
 of a subaltern, 747. 
 
 Detaining sums of money, 328. 
 
 Difference of opinion between a Comman- 
 der and a Court Martial, 558. 
 
 Disapprobation of The King in a Com- 
 manding Officer erapiojing, 
 without authority, soldiers in 
 manual labour, and not paying 
 them for the same, 192. 
 
 ■ ■ in striking a 
 
 soldier with a cane, 212, 
 
 , in the nomi- 
 nation of a successor to a Lieute- 
 nant Colonelcy of Militia, 301. 
 
 at the assem- 
 
 bling of a Court Martial at an 
 unusualhour, S12. 
 
 at the highly 
 
 Discreditable conduct in an Officer being 
 concerned in an affray' at a pub- 
 lic house, 234. 
 
 Disgrace in a prosecutor in preferring 
 charges, after an apology had 
 been made, 202. 
 
 Disgraceful and disorderly conduct in two 
 Officers whilst on duty, 131. 
 — conduct of a subaltern Offi- 
 cer in various instances, 223. ■ 
 - in two Officers, boxing 
 
 insubordinate spirit of a prose- 
 cutor, 331. 
 
 - upon ill-ground- 
 
 ed charges, 340. 
 
 in the sum- 
 ming up of the proceedings of 
 a Court Martial, 808. 
 
 in the want of 
 
 circumspection in Captains af- 
 fixing their signatures to pay- 
 lists, before they had compared 
 and examined them, 827. 
 
 of a Court Martial upon 
 
 an improper custom in return- 
 ing men as effective, who had 
 been previously discharged, 409. 
 
 , in ttie unne- 
 
 cessary severity of a prosecutor 
 placing a prisoner under close 
 confinement, during an adjourn- 
 ment of the Court, notwithstand- 
 ing that application was niadeby 
 the Court for greater liberty, 411. 
 
 and abusing one another, 248. 
 
 in a Commander of 
 
 the Forces, 263. 
 
 drunkenness while the regi- 
 ment was under arms to carry 
 the sentence of a General Court 
 Martial into execution, 327. 
 
 conduct in carrying away a 
 
 West Indian woman and child, 
 and afterwards selling them ,385. 
 
 in secreting a snuff- 
 box, and afterwards denying it, 
 393. 
 
 and riotous conduct, and mak- 
 ing use of very improper and of- 
 fensive language, &c. 405. 
 
 and riotousconduct in boxing 
 
 with anon-comraissioned Officer, 
 465. 
 
 and riotous conduct towards a 
 
 Commanding Officer, 635, 637, 
 ' 642. 
 in two Cap- 
 tains of militia, 692. 
 in prevaricat- 
 ing before a Court Martial, 694. 
 
 in two Officers 
 
 of rank towards a banker, 813. 
 - in a Paymas- 
 
 ter, in endeavouring to persuade 
 a Serjeant (his clerk) to desert, 
 for the purpose of lessening evi- 
 dence, 826. 
 
 Dishonourable conduct in one Officer en- 
 deavouring to prevail on another 
 to quit his regiment, when warm- 
 ly engaged with the enemy, 64. 
 
 Disobedience of orders, in marching a regi- 
 ment to exercise contrary to the 
 order of tlie Commanding Offi- 
 cer of tlie regiment, 37. 
 
 in a Commanding 
 
 Officer, refusing to give up an 
 orderly book, 38. 
 
 — and un-soldierllke 
 
 conduct in not disembarking 
 men, and leadiug them into ac- 
 tion with tlie requisite prompti- 
 tude and alacrity, 63- 
 
 i. of a Commanding 
 
INDEX TO CHARGES, &C. 
 
 853 
 
 Officer in iiot leading men into 
 action, 63. 
 
 Disobedience of orders in refusing to con- 
 fine a prisoner in the guard- 
 room, 70. 
 
 in an Officer sleep- 
 ing out of quarters, &c. 103. 
 
 in not landing upon 
 
 an enemy's coast, when ordered 
 so to do, 125. 
 
 - in allowing a sol- 
 
 Disobedience of orders in a Captain ap- 
 pearing under arms, without his 
 sword, 449. 
 in employing a sol- 
 dier as a private servant, 492, 
 536. 
 
 dier to neglect his troop-horse 
 128. 
 
 in not permitting 
 
 a non-commissioned Officer to 
 measure out oats, 133. 
 
 in not having era- 
 barked to join a regiment, after 
 a passage had been provided 
 154. 
 
 in quitting a sliip 
 
 after embarkation, whereby the 
 passage was lost, 154. 
 
 ■ respecting the sale 
 
 drill, 533.. 
 
 of cast horses, 172. 
 
 in refusing to be 
 
 put under an arrest, 193. 
 
 in a Commanding 
 
 Officer of a battalion not pla- 
 cing the Hospital Fund in an iron 
 chest, and counting it over ever3' 
 quarter, and in not producing the 
 regimental books, &c. 273. 
 
 in not embarking 
 
 on board a sliip, 278. 
 
 • in refusing to give 
 
 up a sword, 298. 
 
 - and irregularity of 
 
 conduct in a Field Officer, 282. 
 
 under arrest, 291 
 
 in not joining a re- 
 
 giment, SOS. 
 
 at a post, 
 
 in not remaining 
 309. 
 
 — - and contempt, in 
 being absent from parade-duty 
 after leave had been refused, 
 349. 
 
 in refusing the ex 
 
 amination of books, 350. 
 to return 
 
 to duty, 3a8, 
 
 in being absent 
 from guard, &c. 375. 
 
 in not going the 
 
 rounds, 429. 
 
 various ways, 
 259, 316, 382, 
 
 177, 224, 244, 
 392, 433, 497, 564. 
 
 in dressing unlike 
 
 in not attending 
 
 in a Commanding 
 Officer^f a regiment, 774. 
 
 Disobeyingapositive order of a Command- 
 ing Officer, the effects of, 73. 
 
 Disorderly and disrespectful conduct, 24. 
 
 and improper conduct in seve- 
 ral troop Quarter Masters, 65. 
 
 behaviour to a Commanding 
 
 Officer, 119. 
 
 and disgraceful conduct in two 
 
 Officers whilst on duty, 131 . 
 
 and ungentlemanly conduct in 
 
 a mess-room, 242. 
 
 conduct towards a Command- 
 ing Officer, 312, 752. 
 
 and mutinous conduct, 528, 
 
 752. 
 
 Displeasure of the King, on the least 
 deviation in returns, 101. 
 
 upon unfounded 
 
 an Officer, 448. 
 
 charges, 81. 
 
 - upon vague charges 
 of ungentlemanhke conduct, 122. 
 in striking soldiers 
 
 when under arms, 167. 
 
 of the Prince Regent upon 
 
 the proceedings of the President 
 and Officers composing a Court 
 Martial for an insufficient sen- 
 tence, 415. 
 
 Prince Regent on two. 
 
 Officers on Half-pay for insult- 
 ing their late Commanding Offi- 
 cer, 825. 
 
 Disrespect to a superior Officer, 24, 213. 
 
 Disrespectful and offensive letters, 54, 
 142, 402, 643. 
 
 , see Writing. 
 
 ' conduct to a superior Officer, 
 
 57, 128, 176, 636, 637, 772. 
 
 expressions to a Command- 
 ing Officer, 59, 298. 
 
 and degrading treatment of 
 
 a Commanding Officer of a re- 
 giment towards a Captain of a 
 company, 152. 
 
 conduct towards a Field Of- 
 ficer, at a play-house, 156. 
 
 - aCommand- 
 
 iug Officer, 90, 159, 168, 193. 
 196, 287, 296, 297, 449, 450» 
 497, 513, 698, 793. 
 
854 
 
 INDEX TO CHARGES, &C. 
 
 DisrespectfttI coramuilicatlons with several 
 superior Officers, 334. 
 
 message to a Commanding 
 
 Officer, 438. 
 
 Disrespectfully talking of another Officer, 
 '18, 64, 17-6, 287-. 
 
 disoheying a Colonel's or- 
 ders, 177. 
 
 Disunion in a regiment, 406, 456, 475, 
 583, 645, 786* 81*. 
 
 Divulging the contents of a confidential 
 letter, 495. 
 
 Documents, see Burning. 
 
 Drawing money beyond the estimates, 267. 
 
 -^ a sword upon a Portuguese inha- 
 bitant, 298, 452. 
 
 ■ and receiving pay of a soldier 
 
 who had been discharged, 413. 
 
 forage fraudulently, 451, 455. 
 
 Drinking, whilst upon duty, with an Of- 
 ficer under arrest, 48. 
 
 Drunk on guard, or duty, 60, 189, 228, 
 238, 242, 250, 251, 256, 296, 
 304, 307, 324, 337, 348, 351, 
 360, 374, 375, 392, 443, 488,' 
 489, 493, 507, 55o, 556, 659, 
 560, 634, 651, 660, 661, 670,i 
 671, 677, 689, 704, 710, 769, 
 . 779, 781, 839. 
 
 Drunk on duty, an unpardonable offence 
 in the opinion of The King, 257, 
 
 ■ and incapable of executing the 
 
 duty of President of a Court] 
 Martial, 314. 
 
 . whilst the re^ment was under arms 
 
 to carry the sentence of a Court 
 Martial into execution, 327. 
 
 Duel, 139, 232, 322, 336, 398, 546, 
 662, 664, 711, 756. 
 
 see Challenge, Challtaging, Exci- 
 
 ting, Offensive, Second. ^ ' 
 Duty, a great neglect of, in a militia Sur- 
 geon, 101, 102, 
 
 of a Court, not of the King, to di- 
 
 rect the time and place for the 
 execution of a sentence, 241. 
 , see Absent, Breach, Neglect, Re- 
 missness. 
 
 E. 
 
 Embezzling money received for providing 
 substitutes, 5, 13, 18, 50. 
 
 , or stores entrusted for 
 
 regimental or public purposes, 
 42, 94, 96, 98, 111, 133, 160, 
 198, 229, 247, 254, 260, 273, 
 301, 340, 378, 380, 384, 395, 
 399, 401, 422, 499, 501, 502, 
 521, 552, 553, 588, 621, 680, 
 
 708, 733, 737, 74j, 777, 802, 
 
 809, 815, 826. 
 Embezzling provisions and stores, 94, 95, 
 
 133, 310, 323, 362, 365, 528, 
 
 530, 536, 576, 601, 614, 652, 
 
 666, 678. 
 
 • and wilfully misapplying the 
 
 bounties of recruits, 208. 
 Employing non-commissioned Officers and 
 
 privates in domestic concerns, 
 
 143, 364, 636. 
 
 ■ soldiers in manual labour, 190. 
 
 ■ troop horses iraproperlyi 536. 
 Encouraging soldiers to fight, 368. 
 
 soldiers in drunkenness and 
 
 brutality towards a female, and 
 in being present at tlie same, 
 516, 519, 
 
 Endeavouring to ground a personal quar- 
 rel on the evidence given before 
 a Court Martial, 46. 
 
 -.- — to evade the fulfilment of 
 an engagement to quit a regi- 
 ment, after having agreed so to 
 do, 107. 
 
 ^ to avoid landing upon an 
 
 enemy's coast, 125. 
 
 to prevail upon a sentinel 
 
 to ^ct contrary to his orders, 170. 
 
 to degrade a Commanding 
 
 Officer, 257. 
 
 — to tamper with a non-com- 
 missioned Officer, 303. 
 
 to obtain money impro^ 
 
 perly, 385. 
 
 to persuade another Officer 
 
 to be second in a duel, 398. 
 
 to prevent the execution of 
 
 an order, 504. 
 
 to injure the reputation of 
 
 a rfegiment, 701. 
 
 Enlisting foreigners, 591. 
 
 Entering into co-partnership, a Command- 
 ing Officer with his Quarter Mas- 
 ter, 148. 
 
 Error in judgment in a General Officer, 
 658, 687. 
 
 Example to the army at large, in the re- 
 moval of every Officer from a 
 regiment of the line, '476. 
 
 Exciting discontent in a regiment, 179. 
 contempt of a Commanding Of- 
 ficer, 257. 
 
 mutiny, 312, 363, 436. 
 Officers to fight a duel, 59, 232, 
 398, 437, 562, 708. 
 
 , see Provoking. 
 
 Exercising authority with discrfetion, so as 
 not unnecessarily to interfere 
 with the convenience of indivi- 
 duals, 787. 
 
INDEX To CHARGES, &C. 
 
 855 
 
 Expressing regret for having struck a sol- 
 dier wliilst under arms, 180. 
 
 Expressions of scandalous and ungentle 
 manlike nature, 185. 
 
 reflecting on the character of 
 
 a deceased Officer, 23Z. 
 -, see Interaperate,Unguarded, 
 
 Unwarrantable. 
 Extraordinary circumstance of an Officer 
 under an arrest, being ordered 
 towearbiscolouredclothes, 197. 
 
 Fabricated signatures to a clearance re- 
 turn, 222. 
 
 False alarm in a gairison, by discharging 
 fire-arms, 123, 124. 
 
 muster, and false returns, 8, 19, 77, 
 
 93, 96, 98, 145, 158, 209, 
 301, 315, 329, 372, 407, 418, 
 493, 536, 594, 601. 
 
 entries, 10, 209, 310. 
 
 ■ certificate in pay-lists and returns, 
 
 &c., 148, 260, 381, 422, 485, 
 570, 764. 
 
 charges, 81, 226, 234, 287, 332, 
 
 459. 
 
 acquittance roIl„ 259, 422, 602. 
 
 reports, 151, 296, 383, 677, 700. 
 
 affidavit in a pay-list, 161, 371. 
 
 affidavit given by a Field Officer 
 
 for his Half-pay, 39. 
 
 statement of health, 125. 
 
 statements, 230, 422, 435, 444, 
 
 464, 478, 484, 636, 717, 737, 
 742, 762, 772, 788, 821. 
 ■ and groundless complaints, 224, 371. 
 
 principles of honour, 545. 
 
 Falsehoods given in evidence, 169, 177, 
 
 466, 739, 750, 779, 8 15. 
 
 Falseily assuming to be the son of a -Ba- 
 ronet, and the nephew of an 
 Earl, 113. 
 
 ' calumniating the character of a 
 
 Commanding Officer, 152, 782. 
 
 accusing a Brigadier General with 
 
 oppression and injustice, 269. 
 
 depos'mg before a Court Martial, 
 
 477. 
 
 Fictitiously pleading indisposition, 533. 
 
 Fighting in the public streets, &c. 256, 
 272, 305, 467. 483, 654, 748. 
 
 Forage for horses improperly drawn, 165, 
 209. 
 
 Fraudulently obtaining money or stores, 
 365, 549. 
 
 Frivolous charges preferred against a Ge- 
 neral Officer, 583. 
 
 Gagg?ng a soldier, 444. 
 
 Gross and opprobrious language between 
 t-wo Officers iu the presence of 
 the regiment, 186, 249. 
 
 and ungentlemanly language of a 
 
 Colonel to his Officers, 200, 201 
 
 mistatement, 831. 
 
 reflection on the character of a de- 
 ceased Officer, 232. 
 
 , scandalous and vindictive diarges, 
 
 266. 
 
 Grossly insulting a superior Officer, 311 
 824. 
 
 Groundless charges, 81, 84, 118, 152, 
 158, 202, 226, 231, 372, 583, 
 639, 727, 792. 
 
 H. 
 
 Habitual drunkenness, 314. 
 
 Half-pay Officers erased from the list of 
 the army for having grossly in- 
 sulted tlieir late Commanding 
 Officer, 824. 
 
 Harsh language addressed by a Com- 
 manding Officer to his regiment, 
 166. 
 
 Hasty and disrespectful expressions to a 
 superior Officer, 59. 
 
 Highly disrespectful letter published in 
 the newspapers, 402. 
 
 Horse, granted by Government for public 
 service, afterwards sold and the 
 money applied to personal use, 
 83. 
 
 Humiliating animadversions from a Com- 
 manding Officer of a regiment 
 to aCaptain of a Cojnpany, 152. 
 
 I. 
 
 Illegal and unjustifiable punishment, 443. 
 Ill-grounded charges— The King's disap- 
 
 approbation of, 340. 
 Ill-treating another Officer, 72, 87, 147, 
 
 23S, 563, 656, 805. 
 
 a JMulatto woman, 533. 
 
 Impressive Lessons to young Officers, 
 
 547. 
 Improper deductions made by aConimaud- 
 
 ing Officer from tiie bounty to 
 
 substitutes, 5, 6, 7. 
 
 stoppage of corn fronihorses,94. 
 
 — conduct in an Officer entermg 
 
 into a riot with various persons, 
 
 and seizmg a sentmel's firelock 
 
 to disperse the mob, 120. 
 conduct in drawing money and 
 
 coals, 163. 
 
856 
 
 INDEX TO CHARGES, &C* 
 
 Improper and unofflcer-Iike conduct in 3 
 Field Officer, 33. 
 
 — ^ traffic with respect lo hkt and 
 
 cast horsesi 173. 
 
 Conduct in a Field Officer re- 
 ceiving coals and candles whilst 
 in private lodgings and not in 
 barracks, 173. 
 
 ' language in a Colonel to the 
 
 Officers of his regiment, 201, 
 49$. 
 
 ■ lEmguage to an Officer in com- 
 mand, SI9. 
 
 charge in a subaltern Officer 
 
 fornecessaries, SS2. 
 
 ■ '■ — conduct in writing a letter to a 
 
 Commanding Officer, ^25. 
 
 ' arrest, 289. 
 
 • conduct in convening meetings 
 
 wards his Commanding Officer, 
 
 843. 
 Improper, see Unsoldierlike. 
 Improperly reducing a militia Serjeant to 
 
 the station of a private, 9. 
 
 dischar^ng soldiers, 14. 
 
 drawing sums of money from 
 
 a regimental agent, 26. 
 employing persons as servants. 
 
 80. 
 
 with secrecy not to associate, or 
 do duty with the Field Officers 
 of the regiment, 320. 
 
 language to anotherOfficer,324. 
 
 conduct in inducing a soldier 
 
 to quit his post for tibe purpose 
 of drinking with him, 368, 
 
 language in a Commanding 
 
 Officer towards a Paymaster, 
 with the view of provoking him 
 to fight a duel, 372. 
 
 conduct in appointing an Offi- 
 cer under the rank of Captain 
 to be President of a Detachment 
 Court Martial, and allowing the 
 same to proceed to trial without 
 the oath being administered,440. 
 
 charges, 446, 790 
 
 conduct in authorizing a Quar- 
 ter Master to make exorbitant 
 charges for regimental necessa- 
 ries, 481. 
 
 use of troop horses, 535. 
 
 stoppages from the soldiers' 
 
 pay, 544. 
 
 interference in a duel, 547. 
 
 language and manners in a Co- 
 lonel of a regiment of militia, 
 594. 
 
 ■ language and conduct towards 
 
 a Commanding Officer, 654. 
 
 language and conduct towards 
 
 a subaltern, 656. 
 
 , conduct at a regimental mess, 
 
 662. . 
 
 conduct in a Field Officer, in 
 
 issuing regulations without 
 sanction, 764. 
 
 expressions conveyed in a letter 
 
 from one surgeon to anotiier,833. 
 
 conduct of an Adjutant to- 
 
 obtaining substitutes for the 
 
 militia for personal emolument 
 and without authority, 169. 
 
 supplying men with necessaries, 
 
 236. 
 
 and irregularly assembling a 
 
 Court Martial, 21 3. 
 precluding an Officer from pro- 
 motion, 594, 
 
 Impropriety of behaviour in an Officer's 
 keeping ^ticles in his possession 
 which he knew not to be his 
 own, 127. 
 
 Imputation of cowardice to a deceased 
 Officer, 232. 
 
 Inability to account for the expenditure 
 of public money, 268. 
 
 Inattention to the comforts of the soldier, 
 445. 
 
 Incapacity in a Commander of the Forces, 
 262. 
 
 in two Field Officers, 612. 
 
 , see Professional. 
 
 from drunkenness to execute the 
 
 duty of President of a Court 
 Martial, 314. 
 
 Indecent expressions made use of in a 
 
 mess-room, 85. 
 Indignalioa of a Court at the indecent 
 and indelicate replies of an 
 acting prosecutor, 411. 
 Indisposition, a false statement of, 125. 
 
 Inducing a soldier to quit his. guard, and 
 afterwards dancing and drinking 
 with him, 369. 
 
 Inebriation, the effects of, in two Officers, 
 72. 
 
 Infringement upon the spirit of the regula- 
 tions in admitting an attempt to 
 excbangeinordertoavoidaCourt 
 Martial, 514. 
 
 Injurious and reproachful language to a 
 Commanding Officer, 265* 
 
 expressions, 332, 654. 
 
 Insolence of behaviour to a Commanding 
 Officer, 123, 196. 
 
 Insubordinate language and conduct, 292, 
 298, 443, 450, 654. 
 
 Insubordination, 543, 566, 619, 627, 
 643, 649, 654. 701, 772. 
 
INDEX TO CHARGES, &C. 
 
 857 
 
 Insulting language to a Commanding Offi- 
 cer, 193. 
 
 language 194, 227, 243, 342, 
 
 343, 344, 351, 383, 453, 473, 
 511, 513, 650, 551, 554, 563, 
 
 609, 610, 620, 626, 632, 642, 
 656, 697, 701, 704, 711, 762, 
 818, 824, 835. 
 
 a brother Officer and the Corps 
 
 generally, 196, 385. 
 — — and ungentlemanly language in 
 
 a Colonel of a regiment, 201. 
 Intemperate conduct in a Colonel of a 
 
 regiment, 182. 
 conduct in a Commanding Offi 
 
 cer striking men when under 
 
 arms, 166. 
 — — zeal for a departed friend and 
 
 Officer, 403. 
 Intimidating a witness at a Court Martial, 
 
 504. 
 Joining with two junior Officers, under 
 
 arrest, in speaking disrespect- 
 fully of a Commanding Officer, 
 
 and shamefully applying to him 
 
 the most gross epithets, 64. 
 Irregular conduct in an Officer quitting his 
 
 duty to fight a duel, 232. 
 ■ meeting and binding members 
 
 to secrecy, 319. 
 and negligent manner in keep- 
 ing books, 236. 
 . and insubordinate conduct in 
 
 insultingly demanding u Court 
 
 Martial, 358. 
 Irregularity and delay in a Colonel of a 
 
 militia regiment in providing 
 
 substitutes, 51. 
 —^—— in the discharge of the duty of 
 
 Paymaster, 378, 399. 
 
 . in a regiment of Militia, 406. 
 
 ■ in a Colonel of Militia, in the 
 
 enlistment of soldiers, 591. 
 in a Field Officer drawing for 
 
 more forage than there were 
 
 horses actually elFective, 165. 
 —— in a Court Martial, in continu 
 
 ing assembled after the hour 
 
 prescribed by the Mutiny Act, 
 
 213. 
 in the accounts and duty of a 
 
 Field Officer, 282. 
 in a Commanding Officer of a 
 
 regiment, 356, 829. 
 ' in a Court Martial admitting 
 
 the proceedings of a Court of 
 
 Enquiry as evidence upon the 
 
 trial, 423. 
 — — — r- in a Captain disturbing the 
 
 peace and harmony of the otiier 
 
 Officers, 449. 
 
 Irregulaiity in a re^ment of the line, 475, 
 
 786, 831. 
 Irreproachable character of a Commanding 
 
 Officer of a regiment, 152. 
 
 L. 
 
 Language, see Improper, Injurious, In- 
 subordinate, Insulting, Mena- 
 dng. Opprobrious, Keproachful, 
 Scandalous, Scurrilous, Taking, 
 Threatening, Unwarrantable. 
 
 Leaving a regiment when gomg into action, 
 and shamefully abandoning a ju- 
 nior Officer, and retreating into 
 the rear, after having ordered 
 him to advance and attack a 
 very superior force, 63. 
 
 Letters, see Disrespectful, Divul^g, Un- 
 guarded, Writing. 
 
 Libels, see Circulating. 
 
 M. 
 Making use of unwarrantable and offen- 
 sive language to a Commanding 
 Officer, 55. 
 Malicious prosecution, 84, 118, 152, 158, 
 166, 202, 210, 226, 266, 287, 
 352, 372, 425, 426, 428, 461, 
 538, 676, 714. 
 assertions, 433, 464, 782. 
 
 Maliciously combining together to stigma- 
 tise the characters of certain 
 Field Officers for not having en- 
 gaged in a duel, 320. 
 
 Malversation in the Office of Paymaster, 
 267. 
 
 Marching Guineas, improperly withheld 
 - by the Commanding Officer of 
 a military corps, 1. 
 
 Menacing and insulting language, 194, 
 292, 550, 551. 
 
 Meritorious conduct, no excuse for subse- 
 quent irregularity, 81. 
 
 Messing with non-commissioned Officers, 
 very inconsiderate and repre- 
 hensible in a Commissioned Offi- 
 cer, 122. 
 
 a very material feature in the 
 
 discipline of a corps, 787. 
 
 Misapplying money entrusted for the 
 supply of clothing and general 
 regimental purposes, 8, 355 
 
 pay and allowances of Militia 
 
 Officers who never joined, 10.- 
 
 and converting to personal use 
 
 a part of the Government allow- 
 ance of coals, 23. 
 
 money intended for certain 
 
 publicans, 27. 
 
 money issued for regimental 
 
 orothcr public purposes, 28,133, 
 
858 
 
 INDEX TO CHARGES, StC. 
 
 228, 260, 301, 340, &T9, 381, 
 384, 399, 45r, 499, 502, 521, 
 548, 552, 553, 664, 568, 605, 
 614, 621, 680, 710, 731,735, 
 737, 742, 777, 802, 809, 815, 
 819. 
 
 Misapplying the public money, by a Pay- 
 master, in advance to Officers on 
 their private account, 75. 
 
 . forage for horses, 95, 132, 
 
 295. 
 
 . money for the payment of 
 
 bounty and subsistence, 247. 
 
 money in various ways, 273, 
 
 360, 469. 
 
 — ^ — — public stores and provisions, 
 96, 323, 362, 404, 522, 528, 
 530, 536, 576, 616, 632, 666, 
 678, 733, 766, 828. 
 
 ■ money of soldiers placed in 
 
 trust, 386. 
 
 Misbehaviour before the enemy, 44, 88, 
 227, 346, 377, 683, 690, 695. 
 
 Misconduct of a Quarter Master, occa- 
 sioned by the want of controul 
 and instruction of superior Offi- 
 cers, 238. 
 
 JKEstaken lemty, 515, 676. 
 
 Money, see Accepting, Borrowing, Con- 
 verting, Defrauding, Drawing, 
 Misapplying, Obtaining, ]le- 
 ceiving. Withholding. 
 
 Murder, 546. 
 
 Mutinous, disocderlyj and unbecoming 
 conduct, 21, 24, 343, 514, 
 528, 655, 752, 796. 
 
 I conduct in refu^ng !to attend a 
 
 Court of Enquijy, 292. 
 
 Mutiny in a Commanding Officer of a 
 corps« 373. 
 
 N. 
 
 Neglect of duty in a !Field Officer, in mot 
 preventing a duel, 33. 
 
 . ' of duty when -Officer of a guard 
 
 48, 375. 
 
 of duty in a Colonel of a regi- 
 ment of Militia in nctt providing 
 substitutes, 50. 
 
 of duty in not fumishmg the ser 
 
 jeants & drummers with swords, 
 50. 
 
 of duty in a Militia Surgeon, in 
 
 not having the ihospital walls 
 whitewashed and the rooms fu' 
 migated, 101. 
 — in a Militia Surgeon, in not having 
 provided himself with necessary 
 instruments, 104. 
 
 Neglect and injury to the public service, 
 in employing several non-com- 
 missioned^ Officers and privates 
 in domestic concerns, 143. 
 
 of doty ^nd disobedience of or- 
 ders in not embarking, after a 
 ^ passage had been provided, 154. 
 
 of a Paymaster in not conforming 
 
 to the Rules and Regulations of 
 the War Office, 161. 
 
 -^^— -. of duty and disobedience of or- 
 ders, in not examining the ac- 
 counts of tiie company in tiie 
 absence of the Captain, and re- 
 fusing to sign the Pay-lists, 187. 
 
 in a Commanding Officer, in not 
 
 forwarding tbe resignation of a 
 subaltern, 208. 
 
 of duty and irregular conduct in 
 
 quitting a re^nient to fi^it a 
 duel, 233. 
 
 of duty in a Commanding Officer 
 
 of a battalion, in siippressing, 
 and not entering public cor- 
 respondence, 273. 
 
 of duty in various ways, 383, 
 
 449, 453, 458, 521, 601, 658. 
 
 of duty in not having laid before 
 
 a Court Martial sa inventory 
 of the effects of deceased Offi- 
 cers, 458. 
 
 of duty in not inserting in the 
 
 Company's Orderly Book the 
 Mgade, garrison and regimental 
 orders, 486. 
 
 of duty in not making & report to 
 
 the Commissioned Officers of 
 the regiment on arrival from Eng- 
 land with a detachment, 556. 
 
 of dnty in not answering official 
 
 letters, &c. 564. 
 
 — ' — ^'- of duty in a Commanding Officer 
 of a regiment when on actual 
 service, 646. 
 
 — of duty in a jVleflical Officer, 717. 
 
 of duty in a Field Officer, during 
 
 and preceding an action, 690. 
 
 — of duty in a 'Surgeon for not re- 
 porting that infectious diseases, 
 &c. existed in the regiment,698. 
 
 — : — -^ of duty in a Commanding Officer 
 in a variety of instances, 829. 
 
 ' of duty ill an Adjutant, in various 
 
 instances, 842. 
 
 and incapacity in two Field Offi- 
 cers, 612. 
 
 Neglecting to settle tlie pay arrears of a 
 soldier, 176. 
 
 Negligence in a Commanding Officer, jS. 
 
INDEX TO CHABGES, &C. 
 
 859 
 
 No conaideratioa of rank, nor of stadon, 
 nor of past services, will induce 
 The King to pardon the tiigfa 
 oifence of an Officer being 
 drunk on Aaty, 257, 
 
 O. 
 
 Obtaining taoney or goods on false pre- 
 tences, 246, 549, 798. 
 
 OCPensive and provoking terms used to- 
 wards a superior Officer, evi- 
 dently calculated to excite a 
 challenge to fight a duel, 59. 
 
 Officer in arrest, sending two men with 
 him with drawn swords, conti'ary 
 to the British military custom, 
 38. 
 
 Oppressive and unjust conduct in making 
 improper deductions for clothiug 
 from a militia substitute, 6. 
 ' unfounded, and unjust ca- 
 
 lumny, 479. 
 
 conduct in overmarching a de- 
 tachment, 490. 
 
 and violent conduct in inflict 
 
 ing corporal punishment without 
 trial, notwithstanding there were 
 a sufficient number of Officers 
 present to have formed a Court 
 
 Martial, 495. in inflicting 
 
 at one time the sentences of 
 two Courts Martial, z&. 
 
 Opprobrious language made use of by an 
 Officer on duty, 85, 308. 
 
 ^— language made use of be- 
 tween two Officers, in the pre- 
 sence of the regiment, 186. 
 
 — language, 227, 243, 249, 254, 
 
 345, 381, 391, 437, 433, 670, 
 743, 762. 
 
 Ordering a junior Officer into action, then 
 shamefully abandoning him, 63. 
 
 ^ ' soldiei's to do duty that had 
 
 been declared by the Surgeon as 
 unfit, 200. 
 
 Outrageous and unbecoming conduct, 79, 
 506, 508, 755. 
 
 conduct of an Officer in a mess- 
 room, 85. 
 
 conduct towards a soldier under 
 
 arms, 266. 
 
 Overcharges respecting clothing, 276. 
 
 Pardoning and dischargiug deserters from 
 the militia, and restoring them 
 as substitutes for men chosen by 
 ballot, 4, 14. 
 
 Peremptory addressing a CommandiDg 
 Officer, 312. 
 
 Permitting a Court Martial to continue 
 sitting till after the hour pre- 
 scribed by the Mutiny Act, 2l3. 
 
 Persevering to repeat a challenge, 293. 
 
 Personal disrespect towards a Command- 
 ing Officer, 287. 
 
 Placing an Officer improperly under ar- 
 rest, 441. 
 
 Post, see Abandoning, Absent. 
 
 Precipitately assembfing a Court Martial, 
 and carrying the sentence into 
 execution, 212. 
 
 Preferring unfounded charges against a 
 Commanding Officer, 287. 
 
 President refusing to sit at a Court Mar- 
 tial, 381. 
 
 Presuming to interfere with the duties of 
 a Commanding Officer, 287. 
 
 Prevaricating and making assertions not 
 founded in fact, 274. 
 before a Court Martial, 477, 
 
 694. 
 
 Producing a false account to a Command- 
 ing Officer for signature, 277. 
 
 Professional incapacity, 646. 
 
 incapacity in a Commander of 
 
 the Forces, 262. 
 
 Promoting a duel, 232, 708. 
 
 Propagating scandalous and ill-founded 
 reports, injurious to the cha- 
 racter of a Colonel of a regi- 
 ment of militia, 176. 
 
 Provoking a challenge, 156, 252, 311, 
 397, 610, 626, 635, 640, 641, 
 662, 674, 675, 708, 752, 756, 
 762. 
 
 Publishing a disrespectful letter in a news- 
 paper, 402. 
 
 Punishing a soldier with a cane not war- 
 ranted by the Mutiny Act, 212. 
 
 Purchasing the Commission of an Adju- 
 tant of Local Militia, contrary to 
 law, 360. 
 
 Q. 
 
 Quarter Master, disorderly and improper 
 conduct of, 65. 
 
 quitting a regiment when 
 
 going into action, see Leaving. 
 Quitting a regiment on actual service, 
 
 without leave of the Com- 
 manding Officer, 43. 
 a regiment when going into 
 
 action, see Leaving, 
 a ship after embarkation, 
 
 whereby the passage was lost, 
 
 154. 
 -^— a station without dischargiug 
 
 debts, 303, 395, 622. 
 
860 
 
 INDEX TO CHARGES, &C 
 
 R. 
 
 Raising the hand, in a threatening man- 
 ner, against a Commanding Of- 
 ficer, 55. 
 
 Receiving mone^ from a contractor, by 
 way of gratuity, 68. 
 
 ■ - "" - money from a contractor, in lieu 
 
 of forage, 240. 
 
 a percentage for supplying ne- 
 cessaries, 329, 65^. 
 
 Reducing non-commissioned Officers with- 
 out a Court Martial, 22. 
 
 Refusing to be put under an arrest, 193, 
 299, 513, 554. 
 
 to- make an allowance to dis- 
 charged soldiers, for clothing 
 due to them, 202. 
 
 ■ to sit as President of u Court 
 
 Martial, 381. 
 
 to withdraw offensive letters 
 
 387. 
 
 Regret for striking a soldier under arms, 
 180. 
 
 Remissness of duty when engaged with 
 the enemy, 126. 
 
 Removing a centinel without leave, 434. 
 
 Repeated Acts of neglect of duty in a 
 Militia Surgeon, 101 
 
 Reprehensible conduct in a Commanding 
 Officer, 57, 342, 582, 
 
 conduct in a Commanding 
 
 and other Officers of a battalion 
 in admitting the return of an 
 Officer after arrangements had 
 been made for his retiring to 
 avoid a Court Martial, 7l4. 
 
 - conduct in a Commanding 
 
 Officer, in striking men when 
 under arms, 166. 
 
 conduct in a prosecutor. 
 
 255,604,714,792. 
 
 Reproacliful and injurious language to a 
 Commander of the Forces, 265. 
 
 Retaining oats, intended for the use of the 
 regiment, 240 
 
 . ■ a soldier as a servant, contrary 
 
 to order, 438. 
 
 Return, erasing the age of a man, and sub- 
 stituting another, 164> 
 
 Returns, The King's displeasure on de- 
 viations from that which strictly 
 corresponds with the fact, 101 
 
 Revising a sentence, 558. 
 
 Riotous and unwarrantable conduct, 250, 
 557, 670, 692, 
 
 Scandalous and infamous conduct in with- 
 
 holding knarching guineas, &e. 
 12, 13. 
 
 Scandalous and infamous conduct in ob- 
 taining money under false pre- 
 tences, 25. 
 
 and infamous conduct in a Field 
 
 Officer, falsely declaring on oath 
 that he did not possess any otlier 
 civil or military situation besides 
 his half-pay as a reduced Cap- 
 t^n, 39, 
 
 and infamous conduct in a Cor- 
 net of Dragoons, falsely repre- 
 senting himself to be the son of 
 a Baronet, and the nephew of 
 an Earl, 112, 
 
 and infamous behaviour in an 
 
 Adjutant striking and abusing 
 a Quarter Master at a private 
 table, and attacking him on his 
 return home with his wife and 
 daughters, 135. 
 
 and infamous conduct in making 
 
 a false report to a Commander 
 of the Forces, respecting leave 
 of absence, 151. 
 
 and infamous conduct in one 
 
 subaltern striking another, and 
 firing a loaded pistol, 153. 
 
 misrepresentations of the con- 
 duct of an Officer, 200. 
 
 vexatious, and malicious charges, 
 
 203. 
 
 behaviour in a subaltern, at a 
 
 petty ale-house, 219. 
 
 conduct in requiring a non- 
 commissioned Officer to attend 
 as a second in a duel, 2^7. 
 
 conduct in proceeding to meet 
 
 another Officer in a duel, whilst 
 in a state of intoxication, 227.' 
 
 conduct in presenting a loaded 
 
 pistol to another Officer, and 
 threatening to take his life, 2*7. 
 
 and infamous behaviour, 236. 
 
 and ungentleraanlike expres- 
 sions, 1 85. 
 
 language in a mess-room, 242. 
 
 conduct in assaulting and fight- 
 ing a brother Officer, in the 
 public streets, 252. 
 ■ conduct in aField Officer caus- 
 ing necessary articles to be 
 charged at an exorbitant price, 
 260. 
 
 ' and vindictive charges against 
 
 a superior Officer, 266. 
 
 and infamous conduct in a 
 
 Quarter Slaster with respect la 
 the clothing, 276. 
 
INDEX TO CHARGES, 8CC. 
 
 il 
 
 Scandalous langaage, and endeavouring to 
 provoke an Officer to fight a 
 duel, 306. 
 
 • language to a superior Officer, 
 
 307. 
 
 conduct in telling a Command- 
 ing Officer a falsehood, 316. 
 
 conduct in countenancing im- 
 positions in surgical inspections 
 321. 
 
 conduct in three Officers ca- 
 
 lumniously circulating improper 
 reports of another Officer, 325. 
 
 and infamous conduct in circu- 
 lating false reports, 432, 433- 
 
 and infamous conductin a Field 
 
 Officer accepting a bribe from a 
 suttler, 456. 
 
 • and infamous conduct towards 
 
 a Commanding Officer, in assert- 
 ing that he was a coward, &c. 
 471. 
 
 and infamous conduct in a sub- 
 altern aspersing the character 
 of a Field Officer, asserting that 
 he had not done his duty during 
 an action with the enemy, 484. 
 
 and infamous conduct in with- 
 holding money due to soldiers 
 and others, 610. 
 
 and infamous conduct in wil- 
 fully breaking and destroying 
 the furniture in quarters, also 
 in assaulting and ill-treating the 
 servants, 512. 
 and infamous conduct in en- 
 couraging drunkenness, and in 
 being present at an act of bruta- 
 lity towards a female, and in ex- 
 posing her person in the mess- 
 room, 516, 619. ' 
 
 and infamous conduct in selling 
 
 a horse, the property of others, 
 635. 
 and infamous conduct in an Offi- 
 cer commanding a detachment 
 on passage, being in a state of 
 inebriety, and on landing, be- 
 having with riotous and indecent 
 conduct, 657. 
 
 and infamous conduct in being 
 
 in a state of intoxication during 
 a religious ceremony, and other 
 highly improper conduct, 569. 
 
 ■ — and infamous conduct in aiding 
 
 and assisting in a duel, and in 
 preventing a reconciliation even 
 after one of the party had been 
 wounded, 562. 
 and infamous conduct in insult- 
 
 ing and striking another Officer, 
 609. 
 
 Scandalous and infamous conduct in em- 
 bezzling stores, and in defraud- 
 ing soldiers of money, 616. 
 • and infamous conduct in having 
 assaulted another Officer, and 
 boasting of the same, 663. 
 
 — and infamous conduct in con- 
 tracting regimental debts, and 
 also in imposing a woman as a 
 wife, 696. 
 
 ' and infamous conduct in spread* 
 ing false reports respecting th& 
 character of a corps, in attempt- 
 ing to dispose of horses the pro- 
 perty of others, and in destroy- 
 ing the papers, &c. of a deceased 
 Officer, without authority, 712. 
 
 — and infamous conduct in con- 
 spiring to game and play for the 
 purpose of gain and advantage, 
 744. 
 
 — and infamous conduct in a sub- 
 altern allowing himself to be 
 insulted, &c. 769. 
 
 — and infamous conduct between 
 two Officers, 805, 807. 
 
 — and infamous conduct in a Pay- 
 master, in fraudulently imposing 
 upon Officers paying companies, 
 826. 
 
 Scurrilous language, and offisring to draw 
 a dagger against a Commanding 
 Officer, 270. 
 
 Second in a duel, 322, 337, 533,662,756. 
 
 Seditious and disrespectful words made 
 use of in the presence of a Com- 
 manding Officer, without his 
 taking any notice of them, 32. 
 
 and disrespectful expressions, 
 
 35. 
 
 Seditiously attempting to excite a spirit of 
 discontent and disaffection, 270. 
 
 Self-sufficiency and defiance towards a 
 Field Officer, 156. 
 
 Selling regimental provisions, and convert- 
 ing the proceeds to personal use, 
 27. 
 
 regimental clothing, 236. 
 
 the commission of an Adjutant of 
 
 LocalMilitia,contrary to law,360 
 
 Sending a challenge to fight a duel, 232. 
 
 Severe expressions from a Commanding 
 Officer to a subaltern, 164, 165. 
 
 Shameful and disorderly behaviour in two 
 Officers, drinking, and violently 
 assaulting an iniikeeper, 106. 
 
 intoxication of an Officer at a 
 
 public ball, 119. 
 
INDEX TO CHARGES, &C. 
 
 Sh£«BiefaI example of iiregularity, 348. 
 Shamefully abandoning a junior Officer 
 when going into action, leaving 
 him to attack a very superior 
 force, 63, 
 
 ■'"— « quitting a regiment in action, 
 
 upon receiving only a trifling 
 wound, 63. 
 - ■ i->- — refusing to protect a woman, 
 347. 
 
 -. ill-treating and unmercifully 
 
 beating a mulatto woman, 533. 
 
 Signatures, see Fabricated. 
 
 Signipg 9 statement of imaginary griev- 
 ances against a Colonel, 176. 
 
 1 — a direct falsehood, 177. 
 
 Singular conduct in a public advocate re- 
 fusing his assistance to a pri- 
 soner, 314. 
 
 Somnolency produced from an unusual 
 qvantity of laudanum, which 
 gave rise to a charge of in- 
 ebriety, 61. 
 
 Spealiing disrespectfully of superior Offi- 
 cers, 48, 176. 
 
 Stealing several articles from a mess-room, 
 127. 
 
 ■ money, 740. 
 
 Striking soldiers when under arms, 166, 
 176, 216. 
 
 — r- — ^ soldiers when under arms. The 
 King's high displeasure of the 
 same, l£ir, 
 
 soldiers, &c. 230, 306, 441, 444, 
 
 490, 513, 607. 
 
 — snothJer Officer, 230, 248, 251, 
 
 254, 391, 294, 306, 333, 342, 
 343, 344, 364, 430, 508, 511, 
 654, 537, 563, 609, 628, 640, 
 642, 656, 697, 704, 780, 805, 
 837. 
 
 Submitting to a blow without taking any 
 notice of it, 395. 
 
 Substitutes for the Militia, procuring them 
 improperly for personal emolu- 
 ment, and without ^uthorityj 
 169. 
 
 / I , falsehoods ordered to be told 
 
 by a Captain of a company to 
 Magistrates, he. respecting the 
 bounty, 169. 
 
 Subvei^on of justice, in taking money for 
 the discharge of a deserter or- 
 dered for trial, 202. 
 
 Subversive and detrimental behaviour to a 
 superior Officer, 57. 
 
 Suffering abusive and opprobrious Ian 
 guage to.be made use of, with- 
 out taking any notice of it, 34d. 
 
 Suppressing and not causing to be en- 
 tered public (Correspondence, 
 273. 
 
 Taking the pay of a soldier to personal 
 use, 27. 
 
 money for the discharge of a sol- 
 dier, 200. 
 
 Threatening to pull the nose of a Com- 
 manding Oflicer, 55. 
 
 behaviour to a Court of Inquiry, 
 
 123. 
 
 — - — p language towards a Command- 
 ing or superior Officer, 159, 193, 
 194, 389, 438, 449, 453, 457, 
 497, 506, 533, 620, 654, 701, 
 717, 755. 
 
 -. to post an Officer, 196. 
 
 -rTT-T^-rrvT7 behaviour of a prosecutor to a 
 Court Martial, coUeatively and 
 individually, 594. 
 
 -T-: — ■ , see Abusing. 
 
 Throwing a glass of wine into the face of 
 another Officer, 138. 
 
 Traducing and talking disrespectfully of 
 the Officers of a regiment, 64. 
 
 Trafficking with a bkt and carthorses, &c. 
 173, 537, 631. 
 
 Treasonable expressions, 729. 
 
 Vexatious charges, 330, 
 Vilifying the character of a superior Offi- 
 cer, 478. 
 
 Vindictive and cruel punishment, 213. 
 charges, 266,540. 
 
 Violence on a dead body, 366. 
 
 and brutality towards a female, 
 
 616. 
 
 Violent conduct in a Field Officer, in va- 
 rious instances, 495. 
 508, 805. 
 
 Vote of an Officer, sworn on a Court Mar- 
 tial, not to be dispensed with 
 for exceeding the number of 13 
 members, 242. 
 
 U. 
 
 Unbecoming and unofficerlike conduct, 
 24, 26. 
 
 conduct in assuming unwar- 
 
 rantable power, 27. 
 
 and disorderly conduct, 28. 
 
 behaviour in a Commanding 
 
 Officer, in opening a letter ad- 
 dressed to another Field Officer, 
 34. 
 
TKDEX TO CHARGES, &C. 
 
 863 
 
 Unbecoming behaviour in a Commandiag 
 Officer, in sending witnesses to 
 a distant station, either with the 
 view of depriving them of giving 
 evidence upon a Court Martial 
 or of increasing the expenses of 
 the same, 34. 
 
 conduct in a mess-room to- 
 wards several Officers, 78, 85. 
 - in two Officers, drink- 
 
 ing and viuiently assaulting an 
 innkeeper, 106 
 
 - in an Officer, submis- 
 
 sively memorialing his brother 
 Officers, for their intercession 
 with the Commanding Officer, 
 to restore him to his previous si- 
 tuation in the regiment, 107. 
 
 ■ in a subaltern officer. 
 
 defying his Commanding Officer 
 to prove anything to his preju- 
 dice, 107. 
 
 in appearing at a 
 
 public ball, dressed unlike an 
 Officer, and shamefully intoxi- 
 cated, 119. 
 
 ■ in two Officers whilst 
 
 on duty, 131. 
 
 - in anAdjutant, strik- 
 
 ing and abusing a Quarter Mas- 
 ter, 134. 
 
 ■ in an Officer, obtain- 
 
 ing leave of absence under false 
 representations, 136. 
 
 ■ in one Officer throw- 
 
 ing a glass of wine in the face of 
 another, 138. 
 
 in striking a soldier, 
 
 176. 
 
 insubordinate, and unofficer- 
 
 like conduct towards a Com- 
 manding Officer, 200. 
 
 conduct in two Officers, bor- 
 rowing money and necessaries of 
 soldiers, and also associating 
 with improper persons, 206. 
 
 — conduct in a Commanding 
 Officer, in obtaining money, 208. 
 
 conduct in a subaltern, to- 
 wards an Officer on guard, 219. 
 
 and disgraceful conduct in a 
 
 Commander of the Forces, 263. 
 
 conduct at a mess, 290, 395. 
 
 ■ conduct in drawing a sword 
 
 upon a Portuguese inhabitant, 
 and creating a riot, 298. 
 
 — — conduct in two Officers 
 abusing and fighting one another 
 in the public streets, 305. 
 
 conduct iu a Captain of a 
 
 troop, quitting his men at the 
 
 approach of the enemy, 309. 
 Unbecoming conduct towards a superior 
 
 Officer, 312. 
 — ^— ^— conduct in circulating a paper 
 
 reflecting on the character of a 
 
 superior Officer, 31 8. 
 
 conduct in suffering insulting 
 
 to be made use of 
 
 without taking any notice ef it, 
 and afterwards denying that 
 such language had been made 
 use of, 345. 
 
 conduct in discharging a sen- 
 tinel's firelock in the public 
 streets, 348. 
 
 -— conduct in being concerned 
 in the purchase and sale of the 
 commis-sion of an Adjutant of 
 Local Militia, 359. 
 
 «opduct in denying the sig- 
 nature to a promissory note, 360. 
 
 conduct in holding a conver- 
 sation with a non-commissioned 
 Officer, and traducing the cha- 
 racter of two Officers, .361. 
 
 — — conduct in making a great 
 noise in quarters, and in being 
 concerned in acts of violence on 
 a dead body, 366. 
 
 conduct in forcing sentinels, 
 
 drawing a sword, and using vio- 
 lent language and threats whilst 
 under an arrest, 369. 
 
 conduct in displaying a want 
 
 of veracity, 397. 
 ■ conduct in appearing in plain 
 
 clothes whilst upon duty, 426, 
 427. 
 
 conduct in sending an impro- 
 per petition to the Commander 
 in Chief, for remuneration of 
 services, 431. 
 
 conduct in various false re- 
 presentations, 435. 
 
 conduct in various instances, 
 
 more particularly in preferring 
 charges irregularly, against a 
 Commanding Officer, 452. 
 
 conduct in quitting a rep- 
 
 ment, &c. without settling seve- 
 ral regimental and private de- 
 mands, 485, 510, 622. 
 
 conduct in allowing soldiers 
 
 under sentence of a Court Mar- 
 tial, to do duty in presence of 
 the enemy, and afterwards put- 
 ting the sentence into execution, 
 495. 
 
 — conduct in trafficking in va- 
 
861 
 
 INDEX TO CHARGES, &C. 
 
 rious instances -with Gftvemment 
 cattle and provisions, 530. 
 
 Unbecoming conduct in « medical Officer, 
 in various instances, 566. 
 
 • conduct in breaking windows, 
 
 furniture, 8lc. 574. 
 
 ■ conduct in disturbing the 
 
 harmony of a mess, &c. 589. 
 
 — ' conduct in various instances, 
 
 in a Colonel of a Regiment of 
 Militia, 592. 
 
 conduct in releasing a pri- 
 soner without authority, and who 
 had been guilty of sleeping; &c. 
 on his post, 629. 
 
 conduct in a Commanding 
 
 Officer, when on actual service, 
 646. 
 
 conduct in addressing a letter 
 
 to a private soldier, although in- 
 tended for an Officer, for tiie 
 purpose of saving the postage, 
 651. 
 
 conduct in being engaged in 
 
 a personal quarrel at a theatre, 
 654, 
 
 conduct in quarrelling and 
 
 disturbing the harmony of a re- 
 giment, 669. 
 
 conduct in a subaltern, whilst 
 
 in arrest, abusing and ill-treating 
 a family, 689. 
 
 conduct in a Paymaster, par 
 
 ticularly in making private ad- 
 vantage of public monies,' 702. 
 
 conduct in a medical Officer 
 
 towards his superior, 772. 
 - conduct in' various instances, 
 
 Untoldierlike and improper conduct in se- 
 veral troop Quarter Masters, 65, 
 146. 
 
 Unwarrantable and offensive language to a 
 Commanding Officer, 55. 
 
 conduct in a Field Officer, 
 
 in abusing and ill-treating a 
 Staff Officer, 147. 
 
 - conduct in a Field Officer, 
 
 m entering into co-partnership 
 
 with his Quarter Master, and 
 
 deriving profits from the sale of 
 
 flour, &c. 148. 
 abuse of a Commanding 
 
 Officer towards a Captain of a 
 
 company, 152. 
 ■ and threatening language 
 
 to a Field Officer, at a theatre, 
 
 156. 
 claim in an Adjutant upon 
 
 the regimental clothier, for a 
 
 jacket, 218. 
 
 and riotous conduct, 250; 
 
 '■ expressions made use of in 
 
 a memorial to a Commander of 
 
 the Forces, 269. 
 conduct in =* prosecutor 
 
 towards the members of a Court 
 
 Martial, 504. 
 Unwarranted and unprecedented inter- 
 ference with a Commanding 
 
 Officer, 313. 
 Useful and impressive lesson to young 
 
 Officers, 547. 
 
 444,605,793,795,799. 
 Unfortunate divisions and dissentions in a 
 
 regiment of the line, 475. 
 Unfounded charges. His Majesty's serious 
 
 displeasure upon, 81. 
 assertions, 332. 
 
 ■ charges, 459. 
 
 Ungentlemanlike conduct, His Majesty's 
 displeasure in so vague a charge, 
 without any designation of of- 
 fence, 122. 
 
 Ungracious conduct towards a Field Offi- 
 cer, 156. 
 
 Unguarded and censurable terms made use 
 of in a Letter to a superior Offi 
 cer, 214. 
 
 expressions in a Colonel of a 
 
 Regiment of Militia, 542. 
 
 Unmanly conduct in striking another Offi- 
 cer, 248. 
 
 Unmercifully beating a mulatto womanj 
 533. 
 
 W. 
 
 Warning to young Officers, 547. 
 Wilfully keeping a regiment incomplete 
 in its numbers, in order to derive 
 emolument from the same, 19. 
 Withdrawing a request for a Court Martial 
 acceded to, upon condition that 
 the prisoner be dismissed with 
 marked publicity, 421. 
 Withholding certain clothing from the 
 soldiery, and embezzling the 
 money entrusted for the s^me, 
 8, 802. 
 
 marching money, 11, 339. 
 
 clothing and half-mountings, 
 
 without making compensation 
 for the same, having received 
 the usual allowance from Go- 
 vernment for that purpose, 51, 
 115. 
 
 — daily rations of oats, 133. 
 
 money due to deceased Offi- 
 cers, 149, 742. 
 
INDEX TO CHARGES, 8CC. 
 
 863 
 
 Withholding money from Officers and in- 
 dividuals, 568, 570, 862. 
 
 —^—^—^ money from private soldiers, 
 221, 510, 568, 570, 618. 
 ■ allowance from a detachment. 
 
 259. 
 
 - a public document, 457. 
 
 Wounding a soldier under arms, 216< 
 Writing disrespectful and offensive letters, 
 S4, 321, 363, 387, 394, 402, 
 452, 497, 564, 585, 632, 642, 
 702, 711, 731, 767. 
 
 Writing to a tradesman, (a subaltern), to 
 
 make a false statement, 223. 
 highly disrespectfully and insubor- 
 
 dinately to a Commander of the 
 
 Forces, 269, 386. 
 several mutinous, seditious and 
 
 threatening lett^s, 269. 
 and posting a paper, 279, 357. 
 
 3K 
 
ERRATA. 
 
 Page i, line !9, foT complaiq. read complained. 
 54, for 2Stb Regiment, r^ 128th Regiment. 
 189, for ^Andrew Cochrane Johnstone, read Colonel the Honourable Andrevr 
 
 Cochrane Johnston. 
 207, for Lieutenant R. W. O'Callaghan, read Colonel the Honourable Robert 
 
 William O'Callaghiin. 
 S45, line SS, for page 194 read page 101. 
 S75, for Lieutenant Rainy, read Lieutenant Colonel Rdny. 
 313, line 4, for Lieutenant Feacocke, read Lieutenant Colonel Peacocke. 
 492, for Surgeon John Pooler, Esq. rmd Surgeon John Pooler. 
 
 ; C. Rownrth, Printer, 
 Bell-yard, Temple-bar, London.