1820, and not returning until brought back by an escort, on the 18th of July 1820. This being the seventh time of his desertion”] (50). FINDING Guilty (except of the words in italics). SENTENCE-TO be transported as a felon to N. S. Wales, for a term of seven years. Approved and confirmed: (Signed) HASTINGS. CASE 24.] G. O. C. C., 2d July 1819. Charge. Gomaun Sing sepoy, for having deserted from the 1st gren. comp. 1st bat. 29th regt., N. I., on or about the 2d April 1818, and not returning till recognized and apprehended in camp at Doobree, on or about the 20th March 1819.

FINDING-Guilty. SENTENCE-To receive 900 lashes.

Not confirmed: (Signed) HASTINGS. REMARKS by the Com. in chief.-The Com. in chief does not confirm the above sentence for the following reasons:

The prisoner pleaded in his defence, the fact of his having made several applications to his comg. officers for a short leave of absence, and of his having, on the strength of encouraging answers, fixed a day for his marriage at his village.

Supposing this to have been truly asserted, the point of honor among Hindoos, which would have made non-appearance at the time settled for the wedding, an indelible disgrace to Gomaun Sing and his family, ought to have been taken into consideration as greatly extenuating the prisoner's offence.

If the ct. disbelieved the statement, the reason for such disbelief should have been stated; because, otherwise, the Com. in chief is left bound to admit weight to a defence, not only consistent and probable, but uncontradicted, when the ct. could readily have brought it to the test of evidence.

The ct. had it immediately in its power to establish or falsify a point in that defence, material, as exhibiting the impression under which the prisoner acted, namely, the circumstance of his having packed up his baggage on a horse, in sight of the comp., and having openly quitted the corps at noon day. This might not appear to the prisoner of consequence sufficient to require confirmation by witnesses, though it is contemplated by the Com. in chief as giving an essential character to the transaction: but the ct. should have perceived how much the fact, were it true, indicated the sense of the prisoner (howsoever erroneous) as to what he was doing, and the construction put upon behaviour by his comrades; and the non-com. officers of the co. should therefore have been summoned to disprove the fact, if false.

his

Under all the particulars of the case, the Com. in chief is pleased to dissolve the ct.-mar., and to direct that Gomaun Sing be re-enrolled

on

(50) G. O. C. C. 9th August 1820. Privates T. Thompson and J. Ryan of the same regt. (the former charged with having deserted the 9th, and the latter the 11th time) were found guilty in the same degree as Forbes and were sentenced to be transported for 7 years.

on his comp., with his original date, though not to receive arrears for the time during which he was absent without leave

(Signed) J. NICOL, Adj.gen. of the Army.

CASE 25.] G. O. C. C., 20th Oct. 1815. Charge. Private J. Gray, 1st bat. H. M.'s 34th regt., charged with having deserted from a detachment of the regt. stationed at the depôt at Poonamallee, on or about the 2d Aug. 1814, and not returning till brought back a prisoner, on or about the 4th Nov. 1814.

FINDING-Guilty. SENTENCE-To receive 800 lashes.

Approved and confirmed: (Signed) T. HISLOP, Lieut.gen. REMARKS. At the particular recommendation of the ct., and in consideration of the former good conduct of the prisoners, Gray and Scoley (51), of his H. M.'s 34th regt., as well as their long confinement, the Com. in chief is pleased to remit the punishment awarded them, and to direct their release from confinement, and to return to their duty.

It is evident that the young soldiers had no intention of deserting their colors, but that they were led to quit their quarters, by the fatal effects of drunkenness, a crime which has hitherto been disgracefully prevalent in this army, and to which so many soldiers owe the disgrace of public punishment, and the loss of health, as well as character.

The Com. in chief, however, trusts, that the liberal institution of regtl. canteens, which provides so amply for the comfort and recreation of European soldiery, will put an end to this shameful practice, and that the painful duty of inflicting disgrace and corporal punishment, will become less frequent, when the experience of rational enjoyment in the society of their comrades, and the disposal of their money in wholesome drink and manly games, shall convince the soldiers of the advantage of orderly conduct, steadiness, and good character.

CASE 26.] G. O. H. G., 6th Sept. 1816. At a gen. ct.-mar., private J. Light, alias G. Field, of the 46th (or S. Devon) regt. of foot, was arraigned upon the undermentioned charge, viz.

"Deserting from H. M.'s 46th (or S. Devon) regt. of foot, on or about the 4th day of May 1816, and for again enlisting into H. M.'s 16th (or Bedfordshire) regt. of inf., and fraudulently receiving a proportion of the bounty, knowing himself to be a deserter at the time, thereby defrauding the public."

FINDING-Guilty. SENTENCE-To receive 800 lashes, and to be marked on the left side, two inches below the arm-pit, with the letter (D), such letter not to be less than half an inch long, and to be marked on the skin with some ink or gunpowder, or other preparation, so as to be visible and conspicuous, and not liable to be obliterated.

Approved and confirmed by H. R. H. the P. R. By command: (Signed) H. CALVERT, Adj.gen.

CASE

(51) Private W. Scoley of the same corps, was tried on the same charge and sen tenced to receive 800 lashes.

CASE 27.] G. O. C. C. Madras, 23d July, 1819. J. Latimore, private in the C. Co. Madras Europ. Regt. charged by me with the following crime:

"For deserting from his corps on the 15th July, 1818 and remaining absent until he gave himself up on the 12th April, 1819, to Maj. Hall, senior officer in charge of the 2d bat. 15th N. I. at Copergaum." FINDING-Guilty (the prisoner pleaded Guilty). SENTENCETo receive 750 lashes.

Approved and confirmed: (Signed) T. HISLOP, Lieut.gen. CASE 28.] G. O. C. C. 1816. Matross R. Thomas, 1st troop of horse artillery, confined for quitting his lines with an intention to desert the service, on Thursday the 21st Nov. 1816, and not returning until seized on the banks of the Jumna, by a party of the police, and by them brought back to his lines a prisoner, on Monday, the 25th Nov. 1816. (52.)

FINDING-Guilty. SENTENCE-To receive 800 lashes.

Approved:

CASE 29.] G. O. C C. 9th Nov. 1818.

(Signed)

MOIRA.

At a gen. ct.-mar., pri

vate R. Ralstone, of H. M.'s 69th regt., was arraigned upon the undermentioned charges, viz.

Charge.-let." For quitting his post when on sentry over the regtl. magazine, with an intent to desert, taking with him his arms, accouts., and ammn., and making away with a portion of the latter."

Charge 2d.-1st. "For proceeding to one of the solitary cells, forcing the lock, and attempting to persuade a prisoner, private J. Askin, to desert with him.

2d. "For refusing to stop when ordered to do so by Lieut. Hall, and upon Lieut. Hall's running up to seize him, cocking his musket, and presenting it at him, loaded with ball cartridge, and daring Lieut. Hall to advance.

3d. "For discharging his musket, loaded with ball at a sepoy sentry, who was endeavouring to stop him, by order of Lieut. Hall, and for attempting to reload it."

FINDING-Guilty. REVISED SENTENCE-To be placed in solitary confinement for the space of five calendar months, and during that time to be subsisted on nine pence per diem." (53.)

Which sentence was confirmed by H. E. Lieut.gen. Sir T. Hislop, Bart. Com. in chief at Madras, and upon which occasion, H. E. deemed it expedient to make the following observations:

"Lieut.gen. Sir T. Hislop, Bart. in publishing the foregoing sentence to the army, feels it a duty he owes to the service, and to the sacred laws of impartial justice, to point out the inadequacy of the award."

"The

(52) According to the Madras code of regs., published on the 11th March 1816, p. 143. para. 3. Desertion-"Should a soldier's absence exceed three days, he is to be considered to have deserted."

(53) Sec. xxvi. Ann. M. A. 1824.

"The great disproportion between the crime and the punishment appears to have arisen from the plea of insanity; but this plea has not been substantiated by evidence. The prisoner states, that he had received a wound on the head. No evidence is called to speak to the effects which that had produced on his constitution. The wound does not appear to have been examined by a surgeon in the presence of the court, nor, indeed, shewn to the court at all, and one question only is asked regarding it; namely, 'Is it generally understood in the regt. that the prisoner was wounded in the head?' Answer. 'Yes.'

"With a view to correct this manifestly inadequate sentence H. E. revised the proceedings, but the court, without even stating any reason adhered to its former decision."

"An implied reason was, however, contained in a detached letter from the president, stating that private Ralstone was, in the opinion of the court, unfit for, and should be removed from, H. M.'s service."

"To decide upon the propriety of this advice, and to throw light upon the proceedings of the court, Lieut.gen. Sir T. Hislop, directed a medical committee to report upon the state of private Ralstone's health; To state whether he had been visited by insanity, whether he laboured under this heavy calamity, at or about the period when he fired at Curpah, sepoy, of the 2d bat. 25th N. I.; and, finally, whether any disease incapacitates him from continuing in H. M.'s service.' "The committee were unanimously of opinion

1st. "That, the prisoner is, at present, in a state of perfect health, with the exception of his suffering temporary debility, arising from long continued confinement.

2d. "That his mental organs appear unimpaired.

3d. "That, so far as the committee can ascertain, he has never been visited by insanity.

4th. "That, at or about the period when he fired at Curpah, sepoy, of the 2d bat. 25th N. I., it seems probable he was under the influence of liquor.

5th and lastly. "That the prisoner is not affected with any disease, mental or bodily, to incapacitate him for H. M.'s service."

"H. E. has dwelt on this case, in order to maintain the purity and rigid impartiality of administrative justice.

"The plea of insanity set up by the prisoner, was no doubt deserving of the most lenient consideration; yet, like every other ground of palliation or defence, should have been established by competent evidence, before it ought to have been admitted to influence the opinion of the court; in so far, therefore, as that the court did not adhere to this established principle, its proceedings called for the revision, which the Com. in chief ordered, and which not having produced the result he had a right to expect, H. E., in confirming the same, feels himself compelled to withhold his approval of them."

By order:

(Signed)

M

T. M MAHON, Col. Adj.gen."

CASE

CASE 30.] G. O. C. C. 1917. Charge. "Private C. Annesly, H. Co.'s Europ. Regt. confined for desertion from his corps at Berhampoor, on or about the 16th June, 1817."

FINDING-Guilty. SENTENCE-To be placed in solitary confinement for the space of 14 weeks.

REMARKS by the Com. in chief." The fact appears substantiated by the evidence of the town major, that Annesly was enlisted specifically for the artily., and that he was, without his own consent, turned over to the infy.

"The prisoner cannot justly be considered as having violated an engagement to which he never assented. I therefore direct him to be freed from the charge, and to be sent to the corps of artily. (54). (Signed) "HASTINGS." CASE 31. G. O. H. G. 14th May, 1819. At a gen. regtl. ct.-mar. (55), private W. Cook, of the 90th regt., was arraigned upon the undermentioned charge, viz.

"For highly unsoldier-like conduct, in claiming private E. West, alias J. Merrett, of the 9th lancers, for a deserter from the 20th L. D. and falsely stating to Lieut.col. Morland, comg. officer of the 9th lancers, that he was a deserter from the above corps of his own personal knowledge, being intimately acquainted with him in Cork, about three years and a half ago, although it appears he was not in that country at the time."

FINDING-Guilty. SENTENCE-To receive 500 lashes with a cato'-nine-tails, on the bare back, at such time and place as Col. M'Nair, comg. the 90th regt., may be pleased to direct.

CASE 32.] At the same Court. Private E.West, alias J. Merrett, of 90th regt. of lancers, was arraigned upon the undermentioned charge, viz. "For highly unsoldier-like conduct, in entering into an illegal combination with W. Cook, private in the 90th regt. of foot, to claim him as a deserter from the 20th regt. of L. D. under false pretences, for the purpose of withdrawing himself from his service in the 9th lancers."

FINDING. Guilty. SENTENCE-To receive 500 lashes with a cato'-nine-tails, on the bare back, at such time and place as Col. M'Nair, comg. the 90th regt., may be pleased to direct.

"H. R. H. the Com. in chief has approved the above sentences, and has directed that they shall be published and read at the head of every regt. in the service, in order that every individual may be made sensible of the nature and extent of the crime, of which private E. West, alias J. Merrett, of the 9th lancers, and private W. Cook of the 90th regt. have been guilty, and be fully aware of the consequence of such misconduct. H. R. H. desires, that the comg. officers will explain to the men, that any collusion of this nature is an act of deliberate perjury, and a most shameful direliction of their allegiance and duty to their sovereign, which will not fail, in every instance, to bring upon the offenders the severest punishment."

"H. CALVERT, Adj.gen." (55) Sec. xxiv, Ann. M. A. 1824.

66

'By command:

(Signed)

(54) See No. 16, p. 142.