"REMARKS-The court, referring to the proceedings on record, in regard to the prisoner's defence, feels itself called upon to animadvert, in strong terms, on the extreme pertinacity of his conduct on this particular head; and to express its surprise and displeasure at the decision he thought proper to make, of withdrawing his defence altogether, after repeated warnings.

"It could not but be the wish of the court, in this, as in every other case, to see the prisoner avail himself (within those bounds which the nature of the case warranted) of every possible means of justification, from the charges on which he was arraigned.

"He had been allowed by the court (according to usual custom) a clerk, and, in addition, the constant assistance of a friend, Capt. R. H. P., of the Royal Navy, aided by a professional gentleman, for the purpose of taking notes.

"The whole case had received the most patient investigation, as the several cross-examinations show, and the prisoner was allowed (at his own request) from Saturday to the following Thursday to prepare his defence.

"It was under these circumstances that he proceeded, and to a very considerable length, to read to the court the defence referred to, in which he was not interrupted, until he had so far wandered out of the charges altogether (by frequently reading largely from the Homilies of the Church of England and the Holy Scriptures), that the court felt itself compelled to take the measures which appear on record; measures which afforded the prisoner repeated opportunities of correcting his misconceptions in this particular, and of returning to that proper and allowed line of statement and defence, which alone the court could, in discharge of its duties, permit the prisoner to pursue.

"The consequence was, on the part of the prisoner (after repeated admonitions from the court), a deliberate withdrawing of his defence. "And, finally, the court cannot close its proceedings, without lamenting that a different line of conduct had not been pursued by both prisoners, as in all probability a firm and energetic decision on their part, in the first instance, would have led to other results.

REVISION" In consequence of a communication from the Judge Adv.gen., dated 31st May last, to the Dep. Judge Adv., Capt. B., of the 36th regt., which is inserted in the proceedings, the court was reconvened by a G. O., dated the 16th July 1824, and upon a revision of the proceedings, came to the following decision:

REVISED FINDING-(the same as before).

REVISED SENTENCE-" Upon a mature and deliberate re-consideration of the whole of the circumstances attending this officer's case, sentence him, the prisoner, Lieut G. F. D., of the Royal Artily., to be dismissed H. M.'s service."

Approved and confirmed by H. M. The Com. in chief directs, &c. (Signed) H. ToRRENS, Adj.gen.

(See also case 2.)

CASE

CASE 2.] G. O. H. G., 12th Oct. 1824. At a gen. ct.-mar. held at La Valetta (Malta), on the 24th March 1824, and on subsequent days, and re-assembled for revision on the 21st July 1824, Capt. T. A., of the Royal Artily., was arraigned upon the undermentioned charges, viz.

"For disobedience of orders, insubordinate and unofficer-like conduct, in not carrying into execution the orders that were conveyed to him, by letter, from Acting Adjt. S., on or about the 9th Augt. last, desiring that he would give directions for firing salutes at Fort St. Angelo, on the 9th and 10th of that month

"And for writing a letter, dated the 9th of Augt., addressed to Maj. A., his comg. officer, hesitating and remonstrating against carrying the said orders into effect.

The above conduct being highly subversive of mily. discipline, and holding forth a most dangerous example to the British army.

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Upon which charge the court came to the following decision: "FINDING-Guilty. SENTENCE-To be dismissed H. M.'s service. "REMARKS-The court, moreover, feels itself called upon to animadvert, in a particular manner, on the conduct of Brev.maj. A., of the Royal Artily., throughout; as, in all probability, the spirit of resistance, as set forth in evidence, might have been checked and put down in its origin, but for the indecision on the part of that officer, as then commanding the Royal Artily. stationed at Malta.

"In consequence of a communication from the Judge Adv.gen., dated 31st May last. to the Depy. Adv.gen., Capt. B., of the 36th regt., which is inserted in the proceedings, the court was re-convened by a G. O., dated 16th July 1824; and, upon a revision of the proceedings, came to the following decision, viz.

"Malta, 21st July, 1824.-The court having heard the defence, and re-considered its proceedings and former sentence on this trial, is of opinion as follows, viz.

"REVISED FINDING-That he, the prisoner, Capt. T. A., of the Royal Artily., is guilty of the charge preferred against him, viz. (repeating the charge.)

"REVISED SENTENCE-On a most attentive re-consideration of the whole of this officer's case, sentence him, &c. to be dismissed H. M's. service.

"APPROVAL AND CONFIRMATION.-In approving and confirming the finding and sentence of the court, in both these cases, H. M. was pleased to observe, that an occurrence of a nature so extraordinary as that of a direct disobedience of orders committed by Capt. A. and Lieut. D., of the Royal Artily. should not be promulgated to the army, without the expression of H. M.'s decided reprobation, of the mistaken principles that have led those officers to sacrifice the feelings of subordination, which, as soldiers, they ought to have cherished, and upon which the discipline of the army depends; H. M. was further pleased to observe, that if religious principles were allowed to be urged by individual officers, as a plea for disobedience of orders, the discipline of the

army would sustain an injury, which might be dangerous to the welfare of the state; and that it is the duty of all those placed in authority, to oppose a decided check to any departure from the principle of obedience, which forms the first duty of a soldier.

"In making the latter observation, H. M. was pleased to revert to that part of the sentence of the court, which comments upon the conduct of the prosecutors, Lieut.col. R., the Dep. Adj.gen. and Maj. A., comg. the Royal Artily. at Malta, as being wanting in that energetic and firm decision, which, if properly exercised in the first instance, might have obviated the present proceedings; and H. M. expresed his regret, that officers, so situated, should fail in giving a prompt check to any violation of obedience and discipline.

"The Com. in chief directs, &c.

By command of H. R. H. the Com. in chief, &c.

(Signed) "H. TORRENS, Adj.gen."

CASE 3.] G. O. H. G., 28th May, 1822. At a gen. ct.-mar., held at Corfu, on the 7th Dec. 1821, and continued by adjournments to the 18th of the same month, Surg. T. B., of the 32d regt., was arraigned upon the undermentioned charges, viz.

"1st. For stating, on the 1st Dec. inst., after having been ordered to the island of Santa Maura, on duty, that the present state of his health would not suffer him to undertake any medical duties, although he, Dr. B., did attend, daily, sick persons of the 32d regt., and also did visit at the houses of certain officers of the 32d regt. by night.

"2d. For wilful and pertinacious disobedience of orders, on the 2d Dec. inst., in refusing to proceed to the island of Santa Maura, when ordered to proceed to that island, on duty, by the Maj.gen. comg., notwithstanding he, Dr. B., had been certified fit to perform medical duty by a medical board, duly assembled for the purpose of examining and reporting upon the state of his health, the opinion of which medical board had been communicated to him; the whole of such conduct being highly detrimental to the public service, and subversive of mily. discipline.

• Upon which charges the court came to the following decision: "FINDING-Guilty. SENTENCE-To be cashiered."

RECOMMENDATION" The court, taking into consideration the known humanity of the prisoner, as well as his laborious and unceasing performance of all his professional duties (as admitted by his prosecutor, his comg. officer), as also his long service, and loss of health in the service, does most humbly recommend him, the prisoner, to the favourable consideration of H. M.

"The court cannot close its proceedings, without expressing its regret, that the Medical Board did not conduct its examination of Dr. B. with more minuteness.

"H. M. has been pleased to approve and confirm the finding and sentence of the court; but in consideration of the admission of the prosecutor, &c. (as above) H. M. has been pleased to extend to him,

Dr.

Dr. B., his most gracious clemency, and to command that he shall be restored to his commission, and placed upon half-pay.

"H. R. H., &c. directs, &c.

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By command of H. R. H. the Com. in chief.

(Signed)

"H. TORRENS, Adj.-gen."

CASE 4.] G. O. Hd. Qrs., Calcutta, Nov. 6, 1822. At an European gen. ct.-mar. assembled at Nusseerabad, 11th Oct. 1822, Lieut. R. C. MacD. of the 1st batt. 25th regt. N. I., was arraigned upon the undermentioned charges, viz.

"For disobedience of the G. O. of the 21st Dec. 1820, in the following instances:

1st. "In having on or about the 4th of March, 1821, being then stationed at Loodianah, borrowed certain sums of money, amounting to 102 Rs. from Rambuccus Misser, Havildar, of the 5th compy. 1st batt, 25th N. I.

2d." In having, at different periods subsequent to the promulgation of the G. O. above adverted to, borrowed certain sums of money from Rajah Ram Doby, Havildar; Bowanny Deen, Havildar; Buldeo, Pandy, Sepoy; and Ousan Opudiah, Sepoy, non-commissd. officers, and sepoys of the batt. to which he belongs."

Upon which charges the court came to the following decision: FINDING-Guilty. SENTENCE-"To be suspended from rank and pay for the period of four calendar months."

Approved :

(Signed) HASTINGS.

REMARKS and Orders by H. E. the Most Noble the Com. in chief. "From the consideration urged by the court, and from extenuatory circumstances in the case of the prisoner, the sentence is remitted." W. G. PATRICKSON, Dep. Adj gen. of the Army.

CASE 5.] G. O. C. C., Bombay, 3d Jan. 1818. Crime.-Subadar Maun Sing Amber Sing, of the 2d batt. 9th regt. N. I., placed in arrest on the following charge, viz.

"For refusing to obey an order repeatedly sent him, and also delivered by the native adj. in person, to go on picquet for the protection of the park, on the evening of the 5th instant."

FINDING-Guilty. SENTENCE-"To be suspended from all rank and pay for the space of two calendar months."

Approved & confirmed: (Signed) M. NIGHTINGALL, Lieut.gen. REMARKS. 8.-" H. E. the Com. in chief has approved and confirmed the finding and sentence of the foregoing ct.-mar.; it is, however, necessary to observe an irregularity which appears on the face of the proceedings. When more prisoners than one shall be tried by the same ct -mar., it is ordered that the court shall be re-sworn at the commencement of each trial (47)—the attention of all officers who may be

(47) "When the several prisoners to be tried are named in the warrant under which the ct.-mar. is held, and the matter objected to each prisoner respectively is also specified, I conceive the president and other members may be sworn once for

all,

be appointed to act in the capacity of Judge-adv. in future is directed thereto.

"In consideration of the distinguished gallantry and firm attachment so recently displayed by the native army under this Presidency, together with the length of service, good character, and the appearance on the proceedings of unintentional error on the part of the prisoner, the Lieut gen. remits the punishment awarded Subadar Maun Sing Amber Sing, of the 2d batt. 9th regt. N. I."

CASE 6.] G. O. C. C., Madras, 18th July, 1812. Charges.-Lieut. T. G. N., 1st batt. 11th regt. N. I., ordered into arrest by me, on the following charges:

2d. "For disobedience of orders in positively and peremptorily refusing to quit the mess table and retire to his tent, when ordered by me to do so; [and in fact, not quitting the table until he was ordered into arrest, and the adjt. of the corps was directed to conduct him to his tent."]

FINDING." Not Guilty of the 1st charge; Guilty of the 2d charge" (except of the words in italics).

SENTENCE-"To be reprimanded." "I approve and confirm :

(Signed) S. AUCHMUTY, Lieut.gen."

Reprimand to Lieut. N., 1st Batt. 11th Regt.

"The gen. ct.-mar. by which you have been tried, having sentenced you to be reprimanded for the disobedience of the orders of your comg. officer, the Com. in chief, in the performance of that duty, calls to your remembrance, that obedience is the first and most important feature in the character of every soldier, from the highest to the most subordinate rank; it is to the habit of obedience that we owe our discipline, and discipline promotes the useful direction of that zeal and valour, which render our arms formidable to the enemies of our country, and is the basis on which every soldier builds his hope of participating in the honour and glory, to which every officer looks forward, when he embraces the profession of arms, if animated by a true mily. spirit. You, it appears, were led into the error of disobedience of the commands of your superior, from an erroneous idea, that his orders were not directed to any mily. duty, and here your youth and inexperience pleads the only possible excuse, for you are to learn, that the comg. officer can never divest himself of the duties of his commission, or of the responsibility attaching to his high situation; he is, at all times, and in all places, answerable for the good conduct of the inferior officers placed under him, and his responsibility being established, your obedience at all times, and in all places, as far as relates to your conduct as an officer and a gentleman, follows of course;

and

all, to try and determine the several matters before them, and the general practice countenances this; but when the warrant is general, not pointing out the prisoners, or the charges, I hold it to be necessary that the court should be sworn afresh for each trial."-(Sir C. Morgan's note, Tytler, p. 250.)