of the same regt. for an Act of [the most daring and outrageous] mutiny, in having, on the morning parade of his com. at Ft. Wm. on Tuesday, the 17th Oct. 1815, threatened the life of serj. T. Berwick of the same com. whilst he, the serj. was in the execution of his duty, and attempting immediately, to put the same threat into execution, by charging the serj. aforesaid, with a musket and fixed bayonet, with the evident intention of putting him to death, as appeared by his own threatening declaration afterwards to the men who took him to the guard-house.

FINDING-Guilty (except of the words in italics). SENTENCE-To receive 1,000 lashes.

Approved and confirmed:

(Signed) MOIRA.

REMARKS and Observations.-The Com. in chief observes, that the court, in pronouncing the prisoner, D. Rooney, guilty of mutiny, have left out the epithets "most outrageous and daring" applied to the act in the charge, thence His Lordship understands the finding to refer to an inferior degree of the crime, a view of the subject in which he fully concurs.

CASE 15.] G. O. C. C., Bombay, 26th Dec. 1816. Crime.-Serjt.maj. Wm. Whiting, of the 1st bat. 8th regt., N. I., confined by me on the following charge:

"For mutinous conduct, on the evening of the 12th inst., in striking me (his comg. officer) with a stick, when directing him to be taken to the quarter guard, for irregular behaviour."

FINDING-Guilty. SENTENCE-To be reduced to the ranks, and to receive 1,000 lashes.

Approved and confirmed: (Signed) M. NIGHTINGALL, Lieut.gen. REMARKS by the Com. in chief.-The conduct of the prisoner has been so atrocious, and the crime of which he has been found guilty, is of so heinous, and of such enormous magnitude in the eye of a soldier, that the Com. in chief (though with infinite reluctance and regret) feels it to be his bounden duty to direct, that the sentence be carried into execution, notwithstanding the recommendation of the ct. and the former good character of the prisoner.

Every soldier must know, that he is liable to incur the penalty of death, if he should so far forget himself, as to lift his hand against his superior officer; and on this occasion that dreadful crime has been aggravated, past all forgiveness, by the rash and intemperate act of the prisoner, in having struck the comg. officer of the corps, when in the discharge of his public duty.

An outrage of such magnitude, cannot be passed over without endangering the discipline, and even the very existence of a regular army; nor can the plea of former good conduct, in this case, be suffiient to prevent the law from taking its course.

The Com. in chief, therefore, avails himself of this unfortunate and melancholy instance of mutinous and insubordinate conduct, in a noncom. officer, to inform the army under his command, that he can neiH 4

ther

ther pardon nor mitigate the sentence of a gen. ct. mar. for a crime of a nature so heinous, as that of which the prisoner has been found guilty, and which, is, in fact, considerably aggravated from its having been committed by a man placed in a situation so honorable and respectable as that of serjt.maj. of a bat.

Col. East will be pleased to order the sentence to be carried into execution at such a time and place as he may think proper, in presence of the 1st bat. 8th regt., N. L., and of such part of the field force as may be conveniently assembled for that purpose.

The order of the 25th of last July, directing the recommendation of the ct. to be placed on the record, after the signature of the President and Judge Adv, has not been complied with; the Lieut.gen. requests that particular attention be paid to this point in future, as loose papers are liable to be lost (55).

CASE 16.] G. O. C. C., Aug. 27, 1821. At a gen. ct.-mar. at Kaira, 20th June 1821, private D. Flannery, of H. M.'s 17th drag., was arraigned upon the undermentioned charge, viz.

"For violent and insubordinate conduct in the barracks of the regt. on the 19th May 1821, in the following instances, viz.

1st. "In having resisted a guard ordered to take him prisoner, and in having attacked the said guard with a drawn sword.

2d." In having forcibly made his escape from the escort who were conducting him a prisoner to the guard room, and in having, when the guard again attempted to seize him, furiously assaulted Serjt. Gallaher, being then in the execution of his office."

Upon which charge the ct. came to the following decision:

FINDING-Guilty. SENTENCE-To be placed in solitary confinement for the space of 12 calendar months, at such place as H. E. the Com. in chief may please to direct.

Confirmed: (Signed)

CHAS. COLVILLE, Lieut.gen.

REMARKS by the Com. in chief, 1st. The ct. upon this trial fell into a material error in entering upon evidence as to the former desertion of one of the witnesses for the prosecution, with the intention, at the instance of the prisoner, of rejecting his testimony, had it been proved. 2d. The crime of desertion has its distinct punishments allotted to it, and is not deemed to involve that species of perjury (56) to which the law attaches the lasting infamy of making the person, found guilty of it, incompetent to give his evidence in a ct. of justice. 3d. Maj.gen. Cooke

(55) Sir C. Morgan observes, Note p. 324; Tytler 3d Ed. 1814 :-" That the recommendation should always be written under the sentence, together with the signatures of the several members so recommending, for it is very possible that a detached paper may be lost, mislaid, or forgotten."

(56) A soldier on being enlisted takes the oath of fidelity as prescribed. (See .3, art. 1., Ann. Arts. of War, but soldiers are never tried for perjury when they desert. Sce title Perjury, chap. xxii.)

sec.

Cooke will receive instructions through the adjt.gen. respecting the place of confinement of the prisoner.

By order of the Most Noble the Com. in chief.

CASE 17.1 G. O. H. G 30th March, 1808. At a genl. ct. mar., Capt. S. of the 85th regt. was arraigned upon the following charges:"For unofficer-like and ungentleman-like conduct, in making use of injurious and reproachful language, and attempting to draw his sword on Licut.col. Cuyler, his comg. officer, on the morning of the 1st Jan. 1808."

FINDING Guilty. SENTENCE-To be cashiered.

Confirmed by H. M. By command: (Signed) H. CALVERT, Adj. gen.

CASE 18.] G. O. C. C. Madras, 16th Nov. 1811. Charge.-Serjt. Wm. Rogers, of H. M.'s 80th regt. confined by me for mutiny, in the following instances:—

"For coming to my quarters, with a drawn sword in his hand, about 2 o'clock in the afternoon of the 15th Sept. after having been refused leave of absence from evening parade, and for refusing to put up his sword, when ordered by me to do so, [and for attempting to cut Corp. J. Andrew with his sword, when ordered by me to secure him,] and for making use of threatening language against me, in presence of Ensn., Malony, and 2 or 3 men of the detachment, [and putting himself in an attitude to strike that officer."]

FINDING.-Guilty. (except of the words in italics).

SENTENCE-To be reduced to the rank and pay of a private, and to receive 1,000 lashes.

Approved and confirmed:

(Signed)

J. PATER, Maj. Gen.

CASE 19. G. O. C. C. 20th Decr. 1820. At a gen ct. mar., private M. Gallagher, of H. M.'s 53d regt. was arraigned on the following charge, viz:

“M. Gallaher, private soldier H. M's 53d regt. confined by order of the comg. officer, for mutinous conduct on the 27th day of Septr. 1820, in attempting to load his firelock with powder and ball, when on duty, avowing, at the same time, his attention of shooting Color serj. G. Foster, then orderly serg. of the 3d company.

FINDING-Guilty. SENTENCE-solitary confinement for 6 months. Approved and confirmed: (Signed) T. HISLOP, Lieut. Gen. CASE 20.] G. O. C. C.. Dec. 31, 1821. At a gen. ct.-mar. at Berhampore, on the 10th of Dec. 1821, private J. Bailey, H. M.'s 17th regt., was arraigned upon the undermentioned charges, viz.

1st. "Private J. Bailey, of H. M.'s 17th foot, charged with having at Berhampore, on the 13th of June last, with his bayonet stabbed, or abetted and assisted M. O'Brien, private of the said regt., who had just before broken out of his confinement in pursuance of the sentence of a ct.-mar., in stabbing Serjt. Aylward of his own comp. and regt. 2d." With having at the same time and place, with his bayonet stabbed, or abetted and assisted M. O'Brien, private of the same regt., who

had

had just before broken out of confinement in pursuance of the sentence of a ct.-mar., in stabbing private Grattage of the same corps." Upon which charges the ct. came to the following decision:

FINDING-Guilty. SENTENCE-To a solitary imprisonment, for the space of two years, in such place as the Most Noble the Com, in chief may be pleased to direct.

Approved and confirmed; the term of imprisonment hereby reduced to one year, to begin from the day on which the corporal punishment shall have been inflicted.

(Signed) HASTINGS.

CASE 21.] At a gen. ct.-mar., at Berhampore, on 17th Dec. 1821, private J. Bailey, H. M.'s 17th regt., was arraigned upon the undermentioned charges, viz.

1st. "For highly disrespectful and mutinous conduct and language to me on the 14th Nov. 1821, in saying, 'that he did not care a damn for the gen. ct.-mar. by which he was to be tried, more than he cared for me or my command over him, and that I might go and be damn'd.'

2d. "For mutinous conduct in attempting to strike Serjt. W. Barker of the same comp., while in the execution of his duty, on the 14th Nov. 1821, when escorting or going to escort the prisoner, J. Bailey, from the cantonment Ghaut to the guard house."

(Signed) B. HALFHIDE, Capt. H. M.'s 17th Foot.

Upon which charges the ct. came to the following decision: FINDING-On 1st charge guilty; 2d charge guilty, inasmuch as having thrown a stone or brick at Serjt. Barker, while escorting the prisoner to the guard-house. SENTENCE-To receive a punishment of 800 lashes on the bare back, and in the usual manner.

Approved and confirmed: (Signed) HASTINGS. CASE 22.) G. O. C. C., Sept. 3, 1821. At an Europ. gen. ct.-mar., at Dinapore, on 16th July 1821, private A. Pyatt, of H. M.'s 59th regt., was arraigned on the undermentioned charge, viz.

"With having on the 8th of June 1821, used violence against Lieut. Coventry, of the same corps, his sen. officer, then in the execution of his office."

Upon which charge the ct. came to the following decision: FINDING-Guilty. SENTENCE-To suffer solitary confinement for the space of two years, in such Hill-Fort, or other place, as H. E, the Most Noble the Com. in chief shall be pleased to direct.

Approved and confirmed : (Signed) HASTINGS. REMARKS by H. E. the Most Noble the Com. in chief.-The imprisonment awarded by the above sentence is to be understood.to commence on the expiration of the term for which the prisoner, A. Pyatt, was adjudged to suffer imprisonment by the sentence of a former ct.-mar.; and the Maj.gen. comg. the Dinapore division, will hereafter be furnished with the Com. in chief's instructions, through the Adj.gen. of H. M.'s forces, for carrying the same into effect.

CASE

CASE 23.1 G. O. C. C., 1816. Crime. Geo. Williams, matross of the 5th comp., 3d bat. H. C. artil., ordered into confinement.

Charge.] 1st. "For being drunk, and absent from his guard at Cawnpoor, about one o'clock in the morning of the 14th March 1816, when it was his turn to mount as sentry.

2d. "For refusing to go to exercise on the same morning, when ordered to do so, by Serjt. Holf, comg. the guard.

3d. "Mutiny, in addressing highly insolent and disrespectful words to Lieut adj. and Quart.mast. Biddulph, on the same morning, and refusing to obey that officer's orders.

4th. "Mutinous conduct, in having threatened several times at Cawnpoor, on the same morning, that he would shoot Serjt.maj. Bet

son.

5th. "Mutinous conduct, at Cawnpoor, on the morning of the 15th March 1816, in refusing to go to exercise when ordered, and again [grossly abusing] and resisting Serjt.maj. Betson, when in the execution of his duty; also making use of the following threatening expressions to the above said serjt.maj. viz. If there is a ball to be found in Cawnpoor, I will endeavour to procure it for you; you are not going to get off in that way, and I am not going to get into trouble for nothing,' or words to that effect."

The whole of the above charges being to the prejudice of good order and discipline, and in breach of the Arts. of War.

FINDING-Guilty (except of the words in italics). SENTENCE-To receive 700 lashes.

Approved and confirmed:

(Signed)

MOIRA.

CASE 24.] G. O. C. C., Dec. 21, 1822, At a gen. ct.-mar., at Cawnpore, 2d Dec. 1822, private W. M'Elroy, of H. M.'s 59th regt. of foot, was arraigned upon the undermentioned charges:

1st." W. M'Elroy, a private soldier in H. M.'s 59th or 2d Nottinghamshire regt. of foot, charged with having, at Cawnpoor, on the morning of the 22d Nov. 1822, fired a loaded musket at the house of Lieut. and Adjt Servis. Carmichael, with the intention of shooting the lieut. and adjt. aforesaid, his superior officer.

2d." Using threatening and outrageously mutinous language, in his avowal of the 1st charge, to several persons belonging to the 59th regt. at the same place on the same day."

Upon which charges the ct. came to the following decision:

FINDING-Guilty. SENTENCE-To be placed in solitary confinement for the space of two years, in such place as the Most Noble the Com. in chief may be pleased to direct."

Approved and confirmed: (Signed) HASTINGS. REMARKS by H. E. the Most Noble the Com. in chief.-Solitary confinement for two years being impracticable in this country, as there would be no chance but that the prisoner would sink even under a portion of the term, the punishment is commuted into ordinary confinement within the fort of Chunar, for the period specified.

Maj.gen.