any sufficient reason for so doing, and threatening the said Signor S. that he should be hanged and gibbeted the following morning; and further, for gross dereliction of duty, and abuse of his power and authority, in withdrawing Count Q., one of the hostages under his charge, from the place appointed for him to remain in, on the night of the 7th Nov. 1821, and for shewing undue partiality towards the said Count Q., by separating him from the other hostages, entertaining him, and allowing him to sleep out of the place allotted for the hostages, to the detriment of the public service [and contrary to the orders he had received; the whole of such conduct being subversive of mil. discipline, and lowering the character (for strict and impartial execution of his duty) of a British officer, in the eyes of the inhabitants of Zante.]

4th. "For unofficer-like conduct, in quitting his company without leave, when on the march (with a detachment of the 8th, or King's regt., under the command of Maj. C., of the said corps) from Sculicado to Volumes, in the island of Zante, on the 13th Nov. 1821; the whole of the above delinquencies having taken place whilst martial law was in force in the island of Zante, at a period when it was most essential for the good of the service, and for the character and reputation of H. M.'s troops, that the most officer-like and regular conduct should have been observed, and the strictest discipline should have been maintained.

"Upon which charges the court came to the following decision: FINDING " With respect to the 2d charge, Guilty (except of the words in italics).

"The court has been induced to acquit the prisoner of that part of the charge which accuses him of scandalous and infamous conduct; 1st, because it is not proved to the court that any personal violence was offered to Signor S.; and 2d, because it appears to the court, that such provocation was offered to him by Signor S., as in some measure palliated the conduct of Capt. T. Guilty of the 4th charge (the court acquitted him of the 1st charge, for highly unofficer-like and disgraceful conduct; and of the 3d charge, for scandalous and infamous conduct).

SENTENCE" The court having thus found the prisoner, Capt. T., &c. guilty of certain parts of the 2d charge, and of the whole of the 4th charge, in breach of the Arts. of War, does sentence him to lose two years' rank in the army; and further, to be publicly and severely reprimanded, in such manner, and at such time and place, as H. E. the Com. of the forces may be pleased to direct.

Which sentence was revised by order of Lieut.gen. Sir T. Maitland, communicated in a letter to the president of the ct.-mar., dated the 19th Feb. 1822, whereupon the court came to the following conclusion: "The court, having taken into its most serious consideration, the letter from H. E. the Com. of the forces, and having had read over, most carefully, the evidence on the part of the prosecution and defence, on the 1st and 3d charges, remains of the same opinion, and does hereby confirm its former finding and sentence.

"H.

ct.-mar.,

"H. M. has been pleased to approve and confirm the finding and sentence of the court; but the prisoner having been tried before a gen. in Nov. 1815, and then adjudged to be dismissed from the service, which sentence H. M.was graciously pleased to mitigate to reduction to half-pay; and having in a second instance incurred so serious a censure by the sentence of a similar tribunal, H. M. has been pleased to consider him, Capt. T., an unfit person to hold H. M.'s commission, and to command that it should be intimated to him, that H. M. has no further occasion for his services; but that, in consideration of the length of time that he, the prisoner, has been in the army, H. M. has been graciously pleased to allow him to receive the value of his com

missions.

"H. R. H., &c.

"By command of H. R. H. the Com. in chief,
(Signed) "H. TORRENS, Adj.gen."

Case 22.] G. O. H. G., 30th April 1823. At a gen. ct.-mar., held at Brimstone Hill, St. Christopher's, on the 20th Nov. 1822, and continued by adjournment to the 2d Dec. following, Brevet-maj. A. W., capt. in the 35th regt. of foot, was arraigned upon the undermentioned charges, viz.

1st. For scandalous and disgraceful conduct, unbecoming the character of an officer and a gentleman, in conducting himself in a most riotous and disorderly manner, in or near the mess-room, on the night of the 2d of July 1822, and striking, or attempting to strike, or kick [Lieut. W. M'A., on the half-pay of the 35th regt.] private W. L. (the mess-waiter), and A. L., his wife.

2d. "For conduct unbecoming the character of an officer and a gentleman, in behaving in a riotous and disorderly manner, on the night of the 3d of July 1822, in or near the gallery of the quarters occupied by Capt. H. T. R., and other officers of the 35th regt., and challenging any officer to turn out, saying, he was their man,' or words to that effect, to the annoyance of the officers, and the disturbance of their families, residing in the said gallery; such conduct tending to lower himself, as an officer, in the opinion of the men, and thereby destroying the discipline of, and the respect due to the service.

"Upon which charges the court came to the following decision: FINDING "Guilty of the 1st charge (except of the words in italics; no proof having been brought forward to establish that fact). Guilty of the 2d charge.

SENTENCE" To be discharged the service.

REMARKS." The court having performed a duty it was incumbent on it to do, most humbly begs leave, in consideration of the length of service of Brev.maj, W.; of his having been wounded at the battle of Maida, the consequent impression on the minds of the court, from the wounds having been in the head, that a very small portion of wine may affect him; as also, the destitute situation in which his wife and

family will be plunged, to recommend him to the most gracious clemency of H. M.

"The court cannot close its proceedings, without adverting to their extraordinary length, solely to be attributed to the multiplicity of questions which it has been compelled to ask, in consequence of the vague and contradictory answers given by officers, from whose rank and situation, they had a right to expect clear and unbiassed testimony.

"The court must remark upon the evidence given by Lieut. D., of the 35th regt., which, in its opinion, was evasive, with much difficulty extracted, and with equal difficulty recorded.

"However painful it may be to animadvert upon the conduct of an old officer, the court feels itself imperatively called upon, and cannot, consistently with its duty, withhold its strongest displeasure and indignation, at the conduct of Brev.maj. E., of the 35th regt., from the commencement of this unfortunate business; in the first place, making a totally unfounded report to his comg. officer, by misleading him altogether as to the transaction of the evening of the 3d of July, in his letter of the 5th of that month (No. 15), which must, undoubtedly, have prevented Lieut.col. M'A. from acting with the promptitude which might have otherwise been in his power, and which certainly would have prevented many of the unpleasant matters which appeared upon these proceedings; but the court spares itself the additional pain of commenting upon the inconsistency of this officer's evidence with his report, or with common sense, feeling convinced it must be too obvious, not to forcibly attract the attention of higher authority."

Approval and Confirmation.] "H. M. was pleased to approve and confirm the finding and sentence of the court; but in consideration of the recommendation of the court, H. M. was graciously pleased so far to extend his clemency to the prisoner, as to allow him, Brev.maj. W., to receive the regulated value of his regtl. commission.

"The King was further pleased to command, that in consequence of the evasive and objectionable manner in which Lieut. D. appears, on the face of the proceedings, to have given his testimony, H. M.'s displeasure should be marked by the immediate removal of that officer from the 35th regt. to the half-pay of his rank; and that, in consideration of the circumstances set forth in the proceedings, together with the observations of the court thereon, affecting the conduct of Brev.maj. E., H. M. was also pleased to command that the said Brev.maj. E. should be removed from the service, receiving the regulated value of his regtl. commission.

"H. M. was pleased to observe, that the facts which have been proved before the court, and have led to the dismissal from the service of one old officer; the removal of another old officer, and the placing upon half-pay, of a third, of inferior rank and service, appear alike disgraceful to the character of the officer and the gentleman; and that H. M. could not reprobate in terms sufficiently strong, such shameful habits of intemperance, as have been evinced in the case of Brev.maj.

W.,

W., habits which must ever produce scenes of riot and disorder, prejudicial to the discipline of a corps; inasmuch as, by exposing the individual concerned in them to the contempt of his inferiors, and thus effectually destroying every claim to confidence, they deprive him of that authority which cannot be properly supported, unless it be founded upon due respect for character and conduct.

"The circumstances upon the face of the proceedings, appearing to justify the strong observations of the court upon the conduct of Bt. maj. E., H. M. had no alternative than to support the well-being of the service, by visiting that officer with a strong mark of his displeasure; who, forgetful of his rank and long service, appears to have entirely lost sight of what he owed to his own character, and to the credit of his regt., in failing to check the disorderly conduct of those subordinate to him; and in misleading his comg. officer, by an unfounded report of the disgraceful transaction, of which he was an indifferent spectator.

"With regard to Lieut. D., H. M. was pleased to express a hope, that the mark of displeasure with which he has also found it necessary to visit that officer's conduct, will be received as a general caution, that a witness giving evidence upon oath before a court of justice, is bound by the most solemn obligation to give the court, in answering the questions put to him, the fullest and most unreserved information in his power; and that evasive and reluctant answers on the part of a witness, being totally inconsistent with an obligation to speak the truth, and the whole truth, must, in all cases, when brought under H. M.'s notice, subject such witness to the consequence of a course of conduct so highly improper.

“H. R. H., &c."

By command of H. R. H. the Com. in chief, (Signed) H. TORRENS, Adj.gen. CASE 23.] G.O. H. G. 6th Nov. 1823. At a gen. ct.-mar., held at Kingston Barracks, Jamaica, on the 19th May, 1823, and continued by adjournments to the 25th of the same month, Capt. F. of the Royal Artil., was arraigned upon the undermentioned charge, viz.

"For conduct unbecoming the character of an officer and a gentleman, in drawing his sword, and violently assaulting and striking Lieut. C., of the Royal Artil., on the 12th May 1823, such conduct being much aggravated by its having taken place at the Hd.-Qrs. of the Maj.gen. comg. the forces, and in the presence of his (Capt. F.'s) comg. officer, Bt. Lieut.col. H. comg. the artil., he being at the same time endeavouring, in pursuance of orders from the Maj.gen. comg. to effect an amicable adjustment of a previous misunderstanding between the prisoner and Lieut. C."

"Upon which charge the court came to the following decision :" FINDING "Guilty" (he acknowledged as to some part). SENTENCE-"To be cashiered."

RECOMMENDATION.]-"Having thus awarded the specific punish

ment

ment which the Arts. of War prescribe, 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 the court (in addition to those recorded on the proceedings), amounting to a conviction that the prisoner laboured under considerable irritation of mind; and although it is the duty of the court to sentence the prisoner to the utmost extent, for the act which that irritation produced, they are satisfied it was not premeditated, but the sudden paroxysm of a distracted moment.

"In thus presuming to express a wish in extenuation of a crime so disgraceful and injurious to H. M.'s service, the court cannot avoid being impressed with a hope, that the circumstances of this case, together with the prisoner's long and active services in a corps so distinguished as the Royal artily., the favourable testimony of disposition and former character given him on this occasion, and confirmed by many letters produced to the court from gen. officers in H. M.'s service, addressed to the prisoner, his having a family, and the evident shame and contrition since expressed and evinced by the prisoner, may on the whole plead in his favour, and pray for an alteration of his sentence with these feelings the court beg leave, most humbly and respectfully, to recommend him to the gracious consideration of H. M.

"In closing these proceedings, it becomes the painful duty of the court to note, that the reluctance with which the prosecutor, Bt. Lieut.col. H., answered many parts of his cross-examination, did not escape its observation; and the court further considers it an indispensible duty, to mark and animadvert on the unwillingness and inconsistency of Lieut. H.'s evidence, considering the station and situation he held in the room in which the affair took place, at Hd.-Qrs. on the 12th May, 1823."

Approval and Confirmation.] "The King has been pleased to approve and confirm the Finding and Sentence of the court: but, in consideration of the long services of Capt. F., the high testimonials given to his character, the aggravating circumstances which led to the offence, and the strong recommendation of the court in his favour, H. M. has been graciously pleased to remit the sentence; which appeared, moreover, to have been adjudged by the court, under an erroneous impression, that it was bound by law to pass it..

"In extending, however, the King's gracious clemency towards the prisoner, H. M. observed, that his displeasure at the intemperate and outrageous act committed by Capt. F., could not be too strongly expressed: H. M. considered this act to have been so subversive of discipline, and of every principle of good order and decorum, as to have precluded a lenient and favourable view of the case, if it had not appeared to H. M. that the offence committed by Capt. F. was not one of premeditation, but arising from a sudden impulse, elicited by the most irritating and insulting language addressed towards him by an inferior officer."