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D. G., whilst stationed in the centre district, and in Dublin, between the periods of the 19th day of Oct. 1816, and 24th day of June 1817, and insome instances at a later date, in various articles of regtl. necessaries, comprising a stable-jacket, a pair of duck trowsers, a foragecap, and a pair of cloth overalls, for each man ; which articles, as charged, he, the said regtl. Qr.mr. J. J., provided and issued to the troops of the regt.
2d. “ For having acted in disobedience to the Gen. Regs. and Orders of the Army, dated Adj.gen.'s Office, H. G., 12th Aug. 1811, p. 92, he, Qr.mr. J. J., having, at the times abovementioned, (that is, between the 16th day of Oct. 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-com. officers and private soldiers of the 4th (or R. I.) regt. of D. G., against whom the said charges were made for the articles of necessaries so furnished to them, being highly prejudicial and injurious to their interests, and detrimental to H. M.'s service.”
FINDING–Not Guilty, and do therefore most fully acquit him..
REMARKS.—The court feel it to be their duty to observe, that it does not appear that any overcharge has been made, or fraud com. mitted, by any person in the 4th D. G. in the supply of the articles of necessaries, in question, to the non-com, officers and soldiers of that regt.
Approved and confirmed by H. R. H. the P. R.–The P. R. at the same time taking into his consideration that (as appears upon the proceedings) a regtl. ct.-mar. had formerly assembled for the investigation of a complaint preferred by some men of Capt. W.'s troop, regarding 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 comg. officer of the regt., and the gen. who inspected it, as well as the other gen. officers who subsequently investigated the matter, that there was no ground for the allegation ; yet, that as Capt. W. took upon himself, in opposition to all this authority, to persist in urging the complaint, it was considered expedient, in a case involving the interests of the soldiers, to institute the fullest inquiry before the highest tribunal, and Capt. W.'s charges against Qr.mr. J. were accordingly ordered for investigation before this ct.-mar., in order finally to decide whether justice had been done to the men of his troop, as well as to give the gr.mr. an opportunity of vindicating his character from the aspersions which the charges of Capt. W. had cast upon it. Qr.mr. J. having been fully acquitted of all and every part of the charges preferred against him, and the ct.mar. having declared that no overcharge appears to have been made or fraud committed by any person in the 4th D. G., in the supply of the necessaries to the non-com. officers and soldiers of that regt., the P. R. has been fully convinced, by such a result, of the groundless nature of Capt. W.'s representation. 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 regt., by inculcating groundless discontent and suspicion in the men against their officers; H. R. H. has been pleased, under all the circumstances of the case, to consider that the continuance of Capt. W. in the 4th D. G. 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 H. R. H. has no further occasion for his services in the army, but that he will be allowed to retire upon the regulated value of his commission.
By command: (Signed) H. Calvert, Adj.gen. Case 4.] G.O.C.C. Oct. 13, 1823. At an European gen. ct.-mar. at Nagpore, on 12th Sept. 1822, private G. Renwick of the H. Co.'s European regt., was arraigned upon the undermentioned charge, on which he had been convicted before a regt. ct.-mar. held at the same station, on the 30th Aug. last, and from which he had been allowed to appeal to a gen. ct.-mar.
Charge. “ Private G. Renwick, Lt. com. confined by me on complaint of Pay serjt. Westcott of that company, for breaking open his box, and taking therefrom the sum of 92 Rs. (Nagpore) or there. abouts, on the evening of the 28th inst.”
Nagpore, Aug. 29, 1823. (Signed) J. Auriol, Capt. Lt. Comp. Upon which charge the Court came to the following decision :
FINDING–Guilty, and also that his appeal is frivolous and without foundation.
SENTENCE-To receive 620 lashes on his bare back, at such time and place as H. E. the Com. in chief may deem proper. Approved and confirmed: (Signed) E. PAGET, Com. in chief
in India. CASE 5.) G. 0. C. C. April 3, 1822. At a gen. ct.-mar. at Dinapore, on 22d Dec. 1821, Serjt. S. Johnson, H. M.'s 59th regt., was arraigned on the following charges, on which he had been convicted before a regtl. ct.-mar. held at the same station on the 10th of Nov. last, and from which he had been allowed to appeal to a gen. ct.-mar.
“ Serjt. S. Johnson confined by order of the comg. officer.
Ist. “For disobedience of orders in drinking with the private soldiers of the regt., or encouraging them to drink, on or between the 27th Oct. and 2d. Nov. 1821.
2d. “ For embezzling or misapplying the money entrusted to his care for the payment of the company of which he was pay serjt., between the 1st Aug. and 2d Nov. 1821.
3d. “ For aiding or abetting, or conniving at the removal of his own chest out of the barracks, on or about the morning of the 2d Nov. 1821, for the purpose of framing a false report of his have ing been robbed of the sum of 300 Rs., or thereabouts, entrusted to
his care, for the payment of the 1st comp., and which sum he, the said Serjt. S. Johnson, had embezzled or misapplied.”
Upon which charge the court came to the following decision :
“ The court also consider the prisoner has not sustained his appeal, having only been acquitted of the 1st part of the 1st charge, viz.• Drinking with the private soldiers of the regt.'”
Sentence– To be reduced to the rank and pay of a private sentinel ; to receive a corporal punishment of 500 lashes, in the usual manner, at such time and place as H. E. the Most Noble the Com. in chief may be pleased to direct, and further to be put under stoppages, not exceeding the half of his pay, till such time as the deficiency may be made good.
Approved and confirmed: (Signed) Hastings. By order of the Most Noble the Com. in chief.
(Signed) T. M.Mahon, Col. Adj.gen. Case 6.] G. O. H. G., 13th July 1809. At a gen. ct.-mar., private E. Salter, of the 7th (or Queen's) regt. L. D., was arraigned upon the undermentioned charges, viz.
“ Writing a paper, addressed to Lieut.col. V. his comg. officer, which was found fixed against the barracks, at Guilford, on or about the 2d day of April last, which paper contained false, scandalous, and infamous insinuations against Lieut.col. V., such conduct having a tendency to excite discontent and mutiny in the regt., and to create dissatisfaction against the comg. officer, being highly injurious to Lieut. col. V., and to the prejudice of good order and mil. discipline."
FINDING-Guilty. SENTENCE-To receive 500 lashes ; which sentence H. M. was pleased to approve of. The court, at the same time, declared their unanimous opinion, that the conduct of Lieut.col. V., in his attention to all complaints and granting redress, when justly founded, and in the whole of his conduct, as comg. officer of the 7th regt. L. D., has appeared particularly zealous, exemplary, and highly meritorious, and totally free from any of the aspersions thrown out on him by the scandalous paper in question.
By order: (Signed) H. Calvert, Adj.gen.
CHAPTER XII. Section 11. (1)–OF STORES, AMMUNITION, &c. Penalty on Officers selling Mil. Stores without Order, or embezzling, or
misapplying them, or suffering them to be damaged by Neglect. ART. I. Whatsoever commis. 'officer, storekeeper, or commissary,
(1) Sec. xiii, Ann. Arts. of War, 1824.
shall be convicted at a general ct.-mar, of having sold (without a proper order for that purpose), embezzled, misapplied or wilfully or through neglect suffered any provision, forage, arms, clothing, amm., or other military stores belonging to the saidCo. to be spoiled or damaged, shall at his own charge make good the loss or damage, and be dismissed from the Co.'s service, and shall also suffer such penalty as he is liable to by the said M. A.
1. Further Explanation and Penalty by the M.A. and other Mil. Persons included.] By sec. xli. of the M. A. it is further enacted, " that every paymaster or other commis. officer of the Co.'s forces, or any storekeeper or commissary, or dep, or assist. commissary, or other person employed in the commissariat department, or in any manner in the care or distribution of money, provisions, forage, or stores belonging to the said United Co., or for the said United Co.'s forces, or for the use of H. M.'s troops, or other forces serving with the said United Co.'s forces in India, who shall embezzle or fraudulently misapply, or cause to be embezzled or fraudulently misapplied, or shall knowingly and wilfully permit or suffer any money, provisions, forage, arms, clothing, ammu., or other such mil. stores, to be embezzled, or fraudulently misapplied, or to be spoiled or damaged, may be tried for the same by and before a gen. ct.-mar. ; and it shall be lawful for any (2) ct.-mar. to adjudge any such paymaster or other commis. officer, storekeeper, or commissary, or dep. or assist. commissary, or other person, to be transported as a felon for life, or for any certain term of years, or to suffer such punishment of fine, imprisonment, or dismissal from the Co.'s service, and incapacity of serving the Co. in any office, civil or mil., as any such ct. shall think fit, according to the nature and degree of the offence; and every such officer or person shall, in addition to any other punishments, make good at his own expense, the loss and damage sustained which shall have been ascertained by such d.-mar.; and the loss and damage so ascertained as aforesaid, may be recovered in any of H. M.'s courts of record (3) at the presidency where such offender shall be resident, or in any other court of law having jurisdiction, where any person adjudged by a ct.-mar. to have incurred any such penalties, or to make good any such losses or damages, shall be resident, after the said judgment shall be confirmed and made known; and after the said sum shall be recovered and levied, the same shall be applied and disposed of as the govt. of the presidency shall direct and appoint, in case the same shall be recovered within any of the said presidencies, and if not, then as the govt. of the presidency, to which the offender shall have belonged at the time of his offence, shall direct and appoint." N.B. The words “ or other person " used after, “or assist. commis.,"
include (2) Such-in sec. cxxix, Ann. M. A., i. e, gen. ct.-mar. (3) Supreme Courts.
clude all those who are named in arts. i. and iii, sec. 17, and secs. xlv. and Ix. of the M. A.
By sec. xliži, of the M. A., it is further enacted, “ that no paym. or other
person shall receive any fees, or make any deductions whatsoever, out of the pay or allowances which shall be due to any officer or soldier in the Co.'s army (without his consent be obtained thereto), other than the usual deductions, as shall be from time to time required to be made according to the regs. of the service ;” and by sec. xliv., it is further enacted, “ that if any
shall unlawfully detain or withhold for the space of one month the pay and allowances of any officer or soldier (4), (clothes and all other just allowances being deducted), after such pay and allowances shall be by him or them received ; then upon proof thereof before a ct.-mar. as aforesaid (5), to be for that purpose duly held and summoned, every such paym. or officer so offending shall be discharged from his employment (6), and shall forfeit to the informer, upon conviction before the said court, 800 Sa. Rs., and be liable to such further punishment as shall by the ct.-mar. be awarded.”
N.B. The above forfeiture of 800 Sa. Rs. must be recovered in the Supreme Court.
2. Penalty of Persons who shall knowingly detain, buy, exchange, or receive from any Soldier or Deserter, or move, procure, counsel, solicit, or entice any Soldier, &c., to sell, 8c. Arms, Clothes, Caps, &c., Provision, Forage, &c.(7). It is further enacted, by sec. Ixvii. of the M. A., “ provided also, that if any person shall knowingly detain, buy, or exchange, or otherwise receive from any soldier or deserter, or any other person, upon any account or pretence, any arms, clothes (8), caps, or other furniture belonging to the said Co., or furnished and provided for the use of any troops or forces serving with the forces of the said Co., or any meat, drink, beer, or other provisions provided under any regs. relating thereto, or any such articles belonging to any soldier or deserter as are generally deemed regt. necessaries, according to the custom of the army, being provided for the soldier, and paid for by deductions out of his pay, or cause the colour of any
such clothes to be changed, the person so offending shall forfeit for every such offence the sum of 40 Sa. Rs.; and if any person shall buy or
receive (4) See also sec. cxxxiii, Ann. M. A., 1824. (5) Gen, ct.-mar. See sec. xli, ante. (6) i. e. Discharged the service.
(7) The provisions of this act do not apply to natives, except in the case of those amenable to the Supreme Courts, by residing in the towns of Calcutta, Madras, or Bombay, or being otherwise within the jurisdiction of such courts.
(8) i. e. The cloathing in wear. It is directed by G. 0. G. G. in c. 23d Nov., 1822, that, “the articles which constitute 'cloathing in wear,' are in future to be considered, both the coats and pantaloons last issued.” When others are issued, the coats &c., become the property of the soldier : The above order adds “ the clothing in wear of men, who die in the service, who are discharged, or who desert, is to be con. sidered applicable to the recruits entertained to supply vacancies.”