Lieut. S. of the same corps, you lie,' or 'you are a liar,' and immediately after, repeating the same offensive expressions, his former conduct as established before a gen. ct.-mar., held at Ft. Wm., on the 2d Jan. of this year, justifying the conviction, that he is habituated to such a departure from the rules of good manners."

(Signed) J. MORRISON, Col. and Lieut.col. 44th regt.
Ft. Wm, June 23, 1823.

Upon which charge the ct. came to the following decision: FINDING-Guilty, with exception to the words "scandalous and infamous." SENTENCE-To be severely reprimanded, at such time and place as H. E. the Com. in chief shall direct.

The court having passed this lenient sentence, owe it to themselves to state, that they have been influenced by a consideration of the great provocation which the prisoner received, under peculiar circumstances, and by the very early contrition accompanied with earnest offer of atonement, which he evinced in his letter to the comg. officer of his regt. on the following morning, which motives they hope will meet with the approbation and concurrence of H. E.

Confirmed: (Signed) E. PAGET, Gen. Com. in chief. REMARKS by the Com. in Chief.—The Com. in chief confirms the sentence of the gen. ct-mar. upon Lieut. W., although he can by no means make up his mind to approve it.

lt appears to him that no provocation, no loss of reason resulting from excess, no subsequent apology, can sufficiently excuse or atone for the utterance of words, such as those which issued from the mouth of Lieut. W.

It is therefore with sentiments of the deepest regret, and of uneasiness for the well-being of society, that he finds so grave an offence against good manners, so leniently and indulgently visited by the sentence of a gen. ct.-mar.

The Com. in chief has done his best, to vindicate the honour of the army from a foul stain. It must rest with higher authority to determine, whether Lieut. W. is still to continue in the service, and to set at defiance the established rules of decency and decorum.

Lieut. W. is released from arrest, and will proceed to Europe in virtue of the leave of absence already granted to him for the purpose. THOS. M MAHON, Col. Adj.gen.

(Signed)

CASE 2.] G. O. C. C. Jan. 23, 1823. At an European gen. ct. mar. re-assembled at Meerut, on 9th Dec. 1822, Lieut. R. S. M., 2d bat. 17th regt. N.I., was arraigned upon the undermentioned charges, viz.

"16th. For scandalous and unwarrantable conduct, such as is unbecoming the character of an officer and a gentleman, in having on the morning of the 7th Sept. 1822, on parade, grossly insulted Ens. W.J. P., of the same corps, by applying to him the epithet of blackguard;' adding, that he (Ens. P.) was to consider himself insulted, having

no

no other provocation for such conduct, than that, in the performance of an imperative duty, he (Ens. P.) had reported the circumstance of Ramdial Sing, sepoy, in the company of which he had charge, having been maltreated by the prisoner, on the morning of the 5th Sept.

1822.

"Such conduct being disgraceful to the character of Lieut. R. S. M., subversive of good order and mil. discipline, and in breach of the Arts. of War."

Upon which charges the court came to the following decision:

FINDING-Guilty, with the exception of the word "infamous," alleged in the first charge (being in a state of intoxication on parade). SENTENCE-To be cashiered.

Appr. & confirmed: (Signed) ED. PAGET, Gen. Com. in chief. The Com. in chief, in making known to the army the finding and sentence of the above ct.-mar.,with his approval and confirmation of it, is happy to have it in his power to mark distinctly, his approbation of the conduct of Lieut. (then Ens.) P., who, under circumstances of extreme provocation, had the courage and good sense manfully to discharge a public duty, instead of seeking redress for a private wrong.

It may be gratifying also to Lieut. P. to be thus publicly assured, that the Com. in chief is perfectly satisfied, that the insinuations which were thrown out in the course of the proceedings of the gen. ct.-mar., impeaching the motives of his conduct, and intimating that his evidence was influenced by views of personal advancement, are altogether groundless and vexatious.

CASE 3.] G. O. C. C. Oct. 11, 1814. Lieut. A. M'C., of H.M.'s 24th Lt. Drags., ordered into arrest, on the following charges preferred against him, by Capt. K., of H.M.'s 24th Lt. Drags.

1st. "For conduct unbecoming the character of an officer and a gentleman, and highly subversive of military discipline, in having, on or about the 18th of Dec. 1813, at the mess of the regt. shortly after dinner, and in the hearing of Mr. Wardell, paymaster; Lîeuts. White and Valiant, and other officers, charged me (Capt. K.) with conduct most gross and infamous, and having stated at the same period, that he considered it a disgrace, that I should be allowed to sit down with the regt., or words to that effect, the said conduct on the part of Lieut. M'C. being highly injurious to my character as a gentleman and an officer; subversive of all order and mil. discipline, and in breach of the Arts. of War.

2d. "For conduct unbecoming an officer, in having at a regt. ct.mar. behaved in a disrespectful manner towards me, his superior. officer, in breach of the Arts. of War.”

FINDING-Guilty of the 1st, Not Guilty of the 2d charge. SENTENCE-To be suspended from rank and pay for 10 calendar months (4).

(4) Not now legal (see sec. xvi. art. 12) in the case of a king's officer.

MEMO

MEMORANDUM by the Court.-The court beg leave to notice to H. E. the Com. in chief, that they deem it a justice due to Capt. K. to state their conviction, of the justness of his motives, in reviving the 1st or original charge against Lieut. M'C.

REMARKS by H. E. the Com. in chief.—The Com. in chief concurs in the finding of the court, according to the evidence adduced, with respect to the 1st charge, of which Lieut. M'C. is found guilty, but his Lordship cannot but view the apology of Lieut. M'C., accepted by Capt. K., as having barred the latter from bringing forward the circumstances in the shape of a substantive accusation; had a charge been laid against Lieut. M'C. for instigating Serj. Mathews to circulate reports derogatory to Capt. K.'s character, or for countenancing and encouraging Serj. Mathews, when he was under trial for that offence, the prior transaction might have been fitly stated in evidence; because the solemn declaration, made in writing by Lieut. M'C. at the former period, expressing his entire conviction of Capt. K.'s innocence, would have rendered the subsequent procedure irreconcilable to honour, and would therefore be a great aggravation of the imputed crime, should it be ultimately proved.

The 2d charge, however, went simply to a construction of disrespect, on a particular occasion, which could not legitimately introduce an allusion to a matter, understood to have been long extinguished.

The court proceeded rightly in regarding the existence of an apology (which went only to the satisfaction of an individual) as out of the sphere of its contemplation, when a direct breach of discipline was submitted to its cognizance; but when the fact appears recorded on the proceedings, his Lordship is disposed to give it due weight in his consideration. The Com. in chief therefore approves the sentence, remitting the penalty, and ordering Lieut. M'C. to return to his duty.

His Lordship cannot close these remarks, without expressing his concern at having observed on the face of the proceedings, strong indications of a spirit of party. An officer who indulges such a dispositions must do it at the hazard of giving an impression, calculated to operate most unfavourable for his advancement.

CASE 4.] G. O. C. C. June 5, 1822. At an European genl. ct.-mar. at Ft. William, on 6th May 1822, Lieut. J. E. 2d battn. 20th regt. N. I., was arraigned upon the undermentioned charge, viz.

"I charge Lieut E., of the 20th regt. N.I., with conduct unbecoming an officer and a gentleman, in having recently propagated in this settlement, reports calumnious and derogatory to my honour as an officer and gentleman, by asserting, that in his presence, Lieut. K. of the corps of arty., when doing duty here as engineer, had addressed to me language and menaces of a gross and insulting nature. "(Signed) J. M. C., Maj. 23d Madras Infty. and Town maj." "Ft. Cornwallis, Nov. 2, 1821."

Upon

Upon which charges the court came to the following decision: FINDING-Guilty. SENTENCE-To be suspended from rank and pay for 6 months (calendar).

Approved :

(Signed)

HASTINGS.

REMARKS by the Com. in chief. It is laudable in the court to throw into the scale for a prisoner, every consideration which may operate in his favour; and on that principle the absence of a witness, whom Lieut. E. represented as material, has had proper advertence. At the same time, it is to be noticed, that Mr. C.'s deposition could not have been essential. Not having been present at the transaction to which his evidence would refer, he could at most have only sworn, that Lieut. K. had avowed to him the offensive language asserted to have been used to Maj C. But it is obvious that testimony open to the supposition of misconception on the part of Mr. C., or of thoughtless exaggeration on the part of Lieut K., could not for a moment be set against Lieut K.'s denial upon oath of the simple fact on which the question was to turn. Lieut E. has, therefore, not suffered any real disadvantage. The observation is made, in order that, on any future plea of incompetent defence, through the nonappearance of a witness incapable of being produced, the probable importance of the unattained testimony, may be inferred from the circumstances of the case, and not taken on the declaration of the prisoner. The Com, in chief concurs entirely in the animadversion, so justly pronounced by the court, on the discreditable spirit of party, manifest in various particulars developed by this trial. As the reputation of Maj. C. has been so thoroughly vindicated, H. E. may permit himself to adopt the opinion professed by the court, that Lieut. E. was imperceptibly and unconsciously led astray by the tone of his seniors; who ought thence to reflect on the mischief of an intemperate example. On that principle, the good character of Lieut. E. should recommend him to still further allowance: and, trusting that the present lesson, will sufficiently inculcate the necessity of candour and caution, the Com. in chief remits the penalty awarded.

W. L. WATSON, Actg. adj.gen. of the army. CASE 5.] G. O. C. C. 1816. Charge. "Lieut. R. 66th regt. for conduct highly unbecoming the character of an officer and a gentleman, on the evening of the 20th inst. having treated me in a gross and violent manner, without the least provocation, insulting me indecently with his mouth, and shaking his whip at me in a threatening manner; declaring, at the same time, that it was his intention to insult me, and desiring me to be off, or he would treat me as I deserved; and afterwards acknowledging, in the presence of Lieut. G., that he had used me so, because he conceived I would do the same thing myself, and that I deserved it, at the same time asking me if I intended taking any notice of it, and on my answering in the affirmative, replied, if I did not I would tell a damned untruth, such conduct being contrary to the Arts. of War, and highly prejudicial to mil. discipline."

N 3

FINDING

FINDING-Guilty. SENTENCE-To be reprimanded.

Confirmed: (Signed) MOIRA.

The Com. in chief directs the reprimand, to be given in the most public and serious manner, to be arranged by the officer comg. the Dinapore division.

H. E. feels himself bound to call the reflection of the president and members of the ct.-mar., to the tenor of their sentence.

The prisoner, Lieut. R., was charged with conduct highly unbecoming the character of an officer and a gentleman. If the court were of opinion, that the facts proved against the prisoner, did not come to that description of behaviour, though the court may at the same time consider the prisoner to have acted with an impropriety deserving marked censure, it was in their power to make that discrimination; but they find the prisoner guilty of the offence, with little distinction as to the amount, though not affecting the quality of the procedure, and then, they award a reprimand, as the adequate punishment.

It is necessary to remark, how an error of that nature, (for the Com. in chief, is well aware it is such) tends to lower the standard of that correctness of conduct, which should be invariably exacted from officers.

Penalty of sending a Challenge.

ART. 2.] No officer, non-com, officer, or soldier, shall presume to give or send a challenge to any other officer, non-com. officer, or soldier, to fight a duel, upon pain, if a com. officer, of being cashiered; if a non-com. officer or soldier, of being punished at the discretion of a

ct.-mar.

1. Order against accepting a Challenge for any Matter connected with Duty.]" The Com. in chief having received a report from Lieut. gen. the Marquis of L., that his Lordship had accepted a challenge to fight a duel with Ens. B., late a cornet of the 10th roy. hussars, upon a point which his Lordship considered to be one of mil. duty; H. R. H. has felt it incumbent upon him to submit to the King a transaction at variance with the principles of subordination, and therefore of a tendency injurious to the discipline of the army; the King has consequently conveyed to H. R. H. H. M.'s commands to express H. M.'s concern and displeasure, that an officer of Lord L's. high rank and military reputation, should have committed himself in personal collision with an inferior officer, by accepting a challenge for any supposed aggression proceeding from the exercise of his authority as col. of the regt.; and H. R. H. has received H. M.'s further commands, to caution cols. and comg. officers from falling into any similar error of conduct, which must tend to subvert all discipline and subordination, and therefore to destroy the efficiency of the army. (See case 3.)

66

By H. R. H. the Com. in chief's commands, “G. O. H. G. 13th May 1824. (Signed) H. TORRENS, Adj.gen."