wholly unconnected with the circumstances of the prisoner's arrest, and not communicated to him until the notice of his trial; and further to submit to the Most Noble the Com. in chief, the unjustifiable conduct of the prosecutor, in his previous extraordinary examination of his witnesses."

REMARKS by H. E. the Most Noble the Com. in chief.

HASTINGS."
"The Com.

in chief has perused with great concern the observations of the court on the above trial, and has considered, with the utmost attention, the circumstances as recorded in the proceedings on which they are founded.

"In the case of Lieut. M. (51), the conclusions of the court are drawn principally from the testimony of the witnesses brought forward by Col. P. In the case of Capt. B. they are wholly so, that officer having declined to call any witnesses, and having claimed the determination of the court on the evidence adduced in support of the prosecution. The Com. in chief cannot think it necessary or fitting to cause Col. P.'s appearance before any other tribunal, to answer points already so substantiated by a competent judgment; at the same time his Lordship deems it not proper that Col. P. should exercise any command in India, until the pleasure of H. R. H. the Com. in chief of all H. M.'s forces shall be known, as to what should be the effect of the court's opinion.

"The Com. in chief, therefore, gives Col. P. leave either to embark forthwith for England, or to reside in Calcutta, pending the decision. Should Col. P. prefer the latter, the Com. in chief directs that he shall not join the 21st regt. L. D., or any detachmt. of it, and that he shall not have any interference with the affairs of the corps; further than as may relate to clothing, accoutrements, or financial concerns."

(Signed)

"JAS. NICOL, Adj.gen. of the Army."

CASE 10.] G. O. H. G., 30th Nov. 1815. At a gen. ct.-mar., Surg. W. C., of the 2d battn. of the 88th regt., was arraigned upon the undermentioned charges, viz.

"1st. For unofficer-like conduct and neglect of duty, on or about the 12th Sept. 1814, in not reporting to Maj. D., his then comg. officer, the existence of an infectious disease in the regt., and in one of the soldier's barrack-rooms at Fermoy, or taking any steps for the removal of two children belonging to the late Serjt. E. M., infected with the natural small-pox, and of which one of them died there, about the 24th of the same month.

"2d. For unofficer-like, disrespectful, and insubordinate conduct, on or about the 12th Sept. 1814, towards Maj. D., his then comg. officer, when requiring him, Surg. W. C., to state in writing, the reason of his neglecting to report the existence of an infection in the regt.,

(51) See G. O. C. C. 21st Oct. 1818, p. 392.

regt., and in one of the soldier's rooms, as set forth in the 1st charge, he, Surg. C., having three times demanded of his comg. officer to put his order in writing, although it had been delivered in the presence of Adjt. F., lest he should forget the purport of it,' or words to that effect.

"3d. For unofficer-like conduct, disobedience of orders, and neglect of duty, on or about the 8th of Nov. 1814, in not having visited the detachment of the regt. stationed at Kilcadeen and Donaghas point.

"4th. For unofficer-like, disrespectful, and highly insubordinate conduct, in the Castle Barracks square of Limerick, on the 11th of Augt. 1815, towards Maj. D., his then comg. officer, in saying to him, that he, Maj. D., had no right to order him, Surg. C., to remain in barracks until the arrival of the last detachmt., expected that day, and contemptuously requiring his comg. officer should give him orders in writing.

"5th. For disobedience of orders, on the 17th of Augt. 1815, when in arrest for the four preceding offences, in not delivering up the hospital book of expenditure, to Adjt. F., as twice required in the name, and by order of Maj. D., his comg. officer." FINDING-Guilty. SENTENCE-To be dismissed.

Approved and confirmed by H. R. H. the P. R.

By command: (Signed) H. CALVERT, Adj.gen.

CASE 11.] G. Ó. H. G., 10th Nov. 1806. At a district ct.-mar. Quart.mast. F. W. M., of the 16th (or Queen's) regt. of L. D., was arraigned on the following charges, viz.

"1st. For keeping the books of the troop, in which he is quartermaster, in a most irregular and negligent manner, contrary to the custom and order of the regt.

"2d. For supplying men of the troop with necessaries between the periods of the 24th Dec. 1805 and 24th Aug. 1806, in a manner highly improper and injurious to the service.

"3d. For selling, without orders from the comg. officer, undress jackets, being part of the clothing of the regt., the property of Gen. Harcourt, and charging the same to the men, without replacing them."

FINDING-Guilty. SENTENCE-" The court, impressed with a sense of the important duties required of a quarter-master, and the absolute necessity of a strict observance of and obedience to, all orders and established customs of the regt., without which the service cannot possibly be carried on, feel it their duty to sentence, and do hereby sentence the prisoner to be suspended from rank and pay, as quartermaster in the 16th (or Queen's) L. D., for the space of six calendar months (52)."

RECOMMENDATION- "In awarding this sentence the court are actuated by a wish to hold out to the army in general, an example by

(52) Not now legal in H. M.'s service.-(See note 56, p. 387.)

which

which quarter-masters may know that it is their bounden duty, not only to be just in their accounts, but to pay the most implicit obedience to all orders and regns., intended for the interior management and economy of their respective troops.

"The court cannot conclude their proceedings without begging leave, most humbly to represent to H. M. the good character of the prisoner as given in evidence; likewise their belief, that in all the transactions alluded to in the charges, no fraud whatsoever seems to attach. In consequence thereof they do, with profound submission, humbly recommend the prisoner to H. M.'s most gracious clemency."

APPROVAL and REMARKS" H. M. has approved of the sentence of the court; but in consideration of the particular circumstances of the prisoner's case, and the recommendation of the court, H. M. was pleased to extend his most gracious pardon to the prisoner, and to command, that he should be restored to the functions of his duty, as quarter-master in the 16th L. D.

"H. M. has also been pleased to command, that the gen. officer comg. the brigade in which this corps is placed, may be instructed to acquaint the comg. officer, that on a review of the proceedings of the court, it appears to H. M. that the misconduct of the quarter-master ought to have been checked, in the first instance, by the capt. of the troop, or the comg. officer of the regt. making frequent inspections into the books and accounts of his men ; as, although it may be the special duty of a quarter-master of cavalry, to take charge of the troop books and accounts, it never can be permitted that the capt. or officer comg. should be a passive spectator of such regtl. duty; and it is evident, from the proceedings, that the prisoner's irregularity arose, not from any intentional neglect, or attempt at fraud, but solely from a want of control and instruction from his superior officers."

66

"By order:

(Signed)

H. CALVERT, Adj.gen."

CASE 12.] G. O. C. C., 30th April 1821. At a native gen. ct.-mar., D,hunny Sing, Jemar 4th regt. L. C., was arraigned on the following charges:

"1st. For gross neglect of duty, on the evening of the 9th, or morning of the 10th inst., in having suffered, while in command of the quarter guard 4th regt., L. C., two of the regtl. standards to be stolen from the guard-room, and in not knowing that the standards had been removed, though especially responsible for their safety, till informed of it by Lieut. and Act. Adjt. M., after sun-rise, on the morning of the 10th inst.

"2d. For disobedience of orders and neglect of duty, in having omitted to parade and inspect his guard, and to ascertain the safety of such articles as were placed under his protection, at day-light, on the 10th inst., as required by the standing orders of the regt."

FINDING-Guilty of the 1st and 2d charges. Not Guilty of the 3d

charge.

charge. SENTENCE-To be suspended from rank and pay for the period of four calendar months.

Approved and confirmed:

(Signed) HASTINGS.

REMARKS by H. E. the Most Noble the Com. in chief." The Com. in chief regrets that he cannot consider the application of the court for a remission of the penalty adjudged in the case of Jemadar D,hunny Sing, as justly suited to the case. The infirm state of the jemadar's health had been kindly consulted by the officer comg. the regt.; none but interior duties, devoid of fatigue, having been for some time assigned to him. In these, there is reason to fear, he was habitually lax and inattentive, as it is not conceivable that any circumstance, but the observation of his indulging himself in such neglect, could have encouraged men of the regt. to hazard the incurring a capital sentence, for the purpose of disgracing him (53). Neglect of a prescribed act cannot be palliated by the plea that the order disregarded, was a common-place one; because an order can only bear the character of being common-place, from its referring to some duty so constantly necessary, as that the direction for its performance is perpetual.

"The crime proved against Jemadar D,hunny Sing was his breach of the plainest standing order of the corps, which enjoined only what must be the invariable duty of the officer on every regtl. guard, and which required for its fulfilment, nothing more than his stepping out of the officers' into the men's guard-room, when the degree of indisposition, under which he was suffering, did not prevent his marching off with the relieved guard."

CASE 13.] G. O. C. C., 15th Aug., 1823. At a native genl. ct.mar., assembled at Mhow, on Monday, the 30th June, 1823, Dya Ram, jemadar, 1st batt. 28th regt. of N. I., was arraigned upon the undermentioned charges, viz.

"Gross neglect of duty in the following instances:

1st "In having, at Sonekutch, on or about the night of the 12th, or morning of the 13th Jan., 1823, while in command of a detacht. from his corps, and employed on escort duty, allowed two boxes containing opium, the property of the Hon. Co., entrusted to his care, to be stolen and carried away."

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

Approved and confirmed:

"In promulgating the finding and sentence of the gen. ct.-mar. upon Dya Ram, jemadar, 1st batt. 28th regt, the Com. in chief is happy that the absence of all proof of wilful and culpable neglect of duty on the part of the jemadar, enables him without a dereliction of his duties,

to

(53) See the cases of Meer Azimut Ally, Naick and Fazil Khan, trooper, who were sentenced to death, for having stolen them. G.O.C.C. 30th April 1821, sec. xxi, art. 4.

to attend to the strong and earnest recommendation of the court in his behalf."

,, JAS. NICOL, Adjt.gen. of the Army."

CASE 14.] G. O. H. G., 17th April, 1812. At a gen. ct.-mar., Capt. 1. F., of the 1st royal Surrey regt. of militia, who was arraigned upon the undermentioned charge, viz.

"For having, during the whole or a greater part of the period between the 1st day of Jan. and the 10th Sept. 1811, neglected to pay his company himself in obedience to H. M.'s orders, and for having allowed the wife or the reputed wife of Serjt.maj. A. to pay the men of his company, and provide them with necessaries, by which means the comfort and interests of the soldiers were not attended to; the men charged more than they ought to have been for necessaries, and subjected to various impositions; such conduct being highly detrimental to H.M.'s service aud to the prejudice of good order and mil. discipline." FINDING "The court are of opinion that the prisoner is guilty of the charge preferred against him."

SENTENCE- —" The court taking into their most serious consideration, all the circumstances detailed in evidence, and the very high and honourable character given him by his col. and other officers, do sentence him to be reprimanded, in such manner as H. R. H. the P. R. may be pleased to direct, and further to be suspended from rank and pay for the space of one calendar month (54)."

Approval and Confirmation.—“ I am to acquaint your Lordship, that under all the circumstances of the case, H. R. H. was pleased to approve the finding of guilt, and to confirm so much of the sentence of the court as adjudges the prisoner, Capt. F., to be reprimanded, and suspended for one month from rank and pay.

"I am, at the same time, to acquaint your Lordship, that upon a careful consideration of the whole evidence, as detailed on the face of the proceedings, the guilt of the prisoner, as found by the court, appeared to the P. R. to have been so fully established, as to have demanded a sentence more adequate to the nature of an offence, involving the first and most important duties of every officer in the service, of the rank of Capt. F.; and as no evidence to general good character, can, in propriety, be offered in extenuation of such dereliction of duty to the country, and to the service in particular, as appears to have attended the guilt of the prisoner, whose admission of error in not paying his own company, contrary to the standing orders of the army, by which a system of gross imposition was admitted on the part of Mrs. Allingham, to whom that duty is proved to have been most improperly intrusted, would appear itself to have been sufficient to point out to the court, the ill-judged application of lenity to the nature of the case brought under their investigation. Under these circumstances, the P. R, considered it to be due to the discipline and paramount

(54) Not now legal in H. M.'s service.-(See note 56, p. 387.)