PROCEEDINGS OF THE COURT-MARTIAL ON COLONEL WALLACE..

At a European General Court Martial, holden at Belgaum, on Monday, the seventh day of April, 1845, by virtue of a warrant under the hand and seal of His Excellency Lieut. General Sir Thomas McMahon, baronet, x.c.B. Commander-in-Chief of her Majesty's and the Honourable Company's forces, serving under the presidency of Bombay.

PRESIDENT.-Major General McNeil, H.M.'s 78th Regt. (Highlanders) of Foot.

MEMBERS.-Lieut. Col. Robertson, 2nd B. E. Lt. I.; Lieut. Col. Williams, 3rd R. M. Lt. I.; Lieut. Col. Poole, c.B. H. M.'s 22nd R. of Foot; Lieut. Col. Fullarton, 1st R. M. N.I.; Lieut. Col. Cotton, H. M.'s 28th R. of Foot; Lieut. Col. Lloyd, CB. Bombay Artillery; Lieut. Col. Wyllier, c.. 21st R. B. N.I.; Major Parr, 7th R. B. N.I.; Major Hyslop, 3rd R. M. Lt. C.; Major Fenning, 5th R. M. Lt. Cavalry; Major Prior, 23rd R. M. Lt. L.; Major Fawcett, 2nd B. E. Lt. I.; Major Inglis, 2nd R. M. Lt. C.; Captain Boyd, 2nd Grenadier B. N. I.; Captain P. K. Skinner, Deputy Judge Advocate General, conducting the proceedings.

Lieutenant Colonel John Wallace, 20th regt. M. N. I. appears a prisoner before the Court. The orders for the assembly of the Court, the president's and deputy judge advocate general's warrants, are severally produced and read. The names of the members of the Court Martial are read to the prisoner.

Q. Lieut. col. John Wallace, have you any exceptions to any of the officers present sitting as members of your Court Martial? A. No.

The president and members of the Court and the deputy judge advocate general are duly sworn.

Lieut. col. John Wallace, 20th regt. M. N. I. placed in arrest by me on the following charge, viz. :

For highly irregular conduct to the prejudice of good order and military discipline, and contempt of authority, and to the great injury of the public service, and the disobedience of the lawful command of his superior officer, in the following in

stances.

1st Instance. In having, while in command of the 1st brigade of the field force, employed in the Kolapoor and Sawunt Warree States, disobeyed my orders, communicated to him by the Assist. adjt. gen. of the S. D. of the army in a letter dated the 16th January, 1845, by attacking a place called Sewapoor on the 17th of that month, whereas, he (Lieut. col. Wallace) was in the aforesaid letter distinctly ordered to abstain, as much as possible, from offensive operations, or attack, till the time arrived for making a simultaneous attack, when the co-operating troops entered the aforesaid place, which was notified to him would be on the twentieth of the aforesaid month, thereby frustrating my combined plan of attack communicated to him in the letter before specified.

2nd Instance.-In having while in command of the aforesaid brigade, employed as above specified, disobeyed my orders communicated to him in a letter numbered thirty-six, dated the 18th of January, 1815, from the deputy assistant quarter master general of the S. D. of the army, by neglecting, without due cause, to seize on aud occupy the Kurwuttee (or Gotea) Ghaut. 3rd Instance.-In having when in command of the aforesaid brigade, employed as above specified, disobeyed the orders of Lieut. col. Carruthers, of H. M.'s second (or Queen's royal) regt. of foot, his senior officer (and acting under my instructions), communicated to him by Lieut. col. Carruthers, in a

letter, dated the 20th January, 1845, by neglecting, without due cause, to seize on and occupy the aforesaid Ghaut, and to cooperate with the said Lieut. col Carruthers as therein directed. (Signed) P. DELAMOTTE, C.B., Major gen., Commanding S. D. army. Camp Hunmunt Ghaut, 6th February, 1815. Adjutant General's Office, Bombay, 18th Feb., 1845. By order of his Excellency the Com. in Chief, (Signed) C. HAGART, Lieut. col., Adj. gen. of the army.

Q. Lieut. col. John Wallace, 20th regt. M. N. I., are you guilty or not guilty of the charge preferred against you? A. Not guilty.

Major gen. Delamotte appears in Court as prosecutor, and proceeds to address the Court.

The written address A is read in Court by the prosecutor, and appended to these proceedings.

Q. Major gen. Delamotte, do you wish to be examined as a witness, on the address you have just made? A. Yes. First Witness on the Prosecution.

Major general Delamotte is duly sworn.

Examined by the deputy judge advocate general.

Q. What brigade did Colonel Wallace command in the force employed in the Kolapoor and Sawunt Warree states? A. The first brigade.

Q. Have you a copy of the letter upon which the first instance of the charge is framed? if so, please to produce it. A. Yes, I have. It is produced and read in Court. (No. 1 in the Appen. dix.)

典

Q. Does this letter contain the instructions you directed to be conveyed to Lieut. col. Wallace on that occasion? A. It does.

Q. Were your instructions obeyed by Lieut. col. Wallace? A. No.

Q. What proof have you to adduce of your having been disobeyed? A. Colonel Wallace's own official letter, which I now produce. It is read. The letter is dated, Camp near Sewapoor, 17th January, 1845 (No. 70). It is admitted by Lieut. col. Wallace as his. (No. 2 in the Appendix.)

Q. Did you call upon Lieut. col. Wallace for his reason for disobeying your instructions; and if so, what reply did you receive? A. I beg to lay the accompanying copy of a letter before the Court, written by my assistant adjutant general. The letter is read. (No. 3 in the Appendix) I now produce Lieut. col. Wallace's reply to that letter. (No. 4 in the Appendix.) The letter is read, and Lieut. col. Wallace admits that the letter is his. The prisoner states to the Court, that he wishes to defer cross-examining until his defence.

Major General Delamotte resumes the prosecution.
Second Witness on the Prosecution.

Captain Thomas Donnelly, assist, adjutant general, S. D.A., is called into Court, and duly sworn.-Examined by the prose

cutor:

Q. Look at this letter, and state whether it be a true copy of the letter forwarded to Lieut. colonel Wallace; and if so, on what date was the original forwarded? A. Yes, it is a true copy of the letter forwarded to Lieut. colonel Wallace. It bears my signature. It was forwarded at one o'clock r. M. on the 16th of January, 1815, by two horsemen. The original was written by Major general Delamotte's orders. (Letter No. I is appended.) Q. Look at this letter, No. 3, and state whether it is a true copy of the letter to Lieut. colonel Wallace; and if so, when was the original forwarded? A. Yes, this is a true copy of the letter forwarded. It bears my signature. The original was forwarded to Lieut. colonel Wallace on the 19th of January last. Lieut. colonel Wallace's reply was received on the 20th of the same month. (Letter No. 3 is appended.)

The witness retires. The Court, at this stage of the proceedings, calls upon the prosecutor to answer the following question:

Question by the Court

Q. Will you state to the Court the injury which accrued to the public service by Lieut. Colonel Wallace's premature attack? A. It prevented the combined attack. The enemy were routed from Sewapoor, and it compelled them to move their families. It is beyond my calculation to state what cxtent of injury the public service sustained, but it completely frustrated my arrange

ments.

field, 2nd B. E. L. G. is sworn as interpreter. The witness makes affirmation.

Examined by the Prosecutor.

Q. Did you take a letter from Capt. Donnelly, then at the Hunmunt Ghaut, to the prisoner? A. I did.

Q. When? A. I was daily in the habit of carrying papers to and from the prisoner's camp. I don't know any particular paper.

Q. Did you on any occasion, accompanied by Hybut Row, a horseman, carry a letter to the prisoner from Capt. Donnelly? A. Yes, on one occasion.

Q. How long ago is it since this occurred? A. It may be about one month and a half ago, but I don't remember exactly.

Q. At what time of the day did you deliver the letter on that occasion? A. Just before the day closed.

Q. How many hours were you taking that letter? A. I received it at twelve o'clock in the day, and delivered it about six o'clock on the evening of the same day.

Q. Did you give that letter into the prisoner's own hand? A. I gave it to a young gentleman, who gave it to the prisoner in my presence.

Q. Where was the prisoner at the time? A. He was at the top of the Ghaut, where they were making a descent.

Q. Were you with the prisoner on the following day? Yes, up to twelve o'clock next day.

A.

Q. Where did you stop while you were there? A. Near the prisoner's tent.

Q. State what you saw the following day when with the prisoner. A. I saw the troops descend the Ghaut, and saw them advancing upon a village. I heard a good deal of firing, after which I did not see any thing more. I went to look after my horse.

Examined by the Court.

Did you see the village upon which the troops were advancing? A. No, I did not; it was too far off.

Q. Did you go more than once with Hybut Row with despatches from Capt. Donnelly to the prisoner? A. I only went

once.

Q. How did the troops descend the rock? A. I heard they descended by a ladder; only fighting men went down. Q. Did you see the ladder? A. Yes, I did.

Q. Did you see sepoys descending the ladder? A. No.
The witness retires.

Witness on the Prosecution.

Laroo Narrain, a Bralımin, is called into Court, and makes affirmation.

Examined by the Prosecutor.

The witness not understanding Hindoostanee sufficiently, Lieut. col. Robertson, a member of the Court, is sworn, with the sanction of the prisoner, as interpreter in Mahratta.

Q. Were you a prisoner at Sewapoor when our troops attacked it? A. Yes, I was.

Q. Under what circumstances were you a prisoner. A. I was caught by Baboo Dessai, and imprisoned by him.

Q. When our troops attacked Sewapoor, where were you taken to? A. On the advance of the troops and attack on the town of Sewapoor, I was carried off to the Fort of Munohur.

Q. Did the whole of the inhabitants of Sewapoor quit at the time you did, and what chiefs were at Sewapoor at the time you were there? A. At the time I was carried away, the whole of the inhabitants, I believe, fled, and there were at Sewapoor at the time I was there, nine sons of Phont Sawunt, and a nephew.

Q. Was Phont Sawunt himself there? A. He was there at that time.

Q. Had Phont Sawant and other chiefs their families at Sewapoor when it was attacked? A. Yes, they had; they were all there, and I saw them when they were taking me up to the Fort.

Q. Where did the families go to? A. They all went to Munohur.

Q. How long did the families remain in the fort after they had fled from Sewapoor? A. They remained there two or three days.

Q. When did the families leave the fort? A. They descended about six o'clock in the evening, when the day was closing in. I neither know the day of the week nor the day of the month; I was a prisoner.

Q. Do you know where they went to, and who accompanied them? A. I don't know where they went to, nor did I hear, but the sentries who guarded me said that they were accompanied by Baboo Dessai and Nana Rana of Tullegaum.

Q. Did Baboo Dessai and Nana Rana of Tullegaum return to the fort, and if so, how long were they absent? A. Yes,

they returned the next night, that is, I heard the sepoys (who were over me) say so.

Q. Had any attack been made on the Fort of Munohur before the families left it? A. No.

Examined by the Court.

Q. Why and where were you made a prisoner, how long were you a prisoner, and where and under what circumstances were you released? A. I was seized at the village of Karola about two months before the fort of Monohurghur was taken, because I was the servant of Gotaskur, who is at enmity with Phont Sawunt. I was carried about in the jungles for about a month; and a few days before the attack upon Sewapoor, I was brought to Sewapoor. I was confined at Munobur about eight or ten days, and was released when the fort was taken possession of by the English, on a Sunday, in consequence of the shells falling into the fort, and a few people having been wounded, they became greatly alarmed, and determined upon evacuating the fort, and they ran off that night.

The witness retires. The Court is closed to take into con. sideration whether the prosecutor, at this stage of the prosecution, be permitted to lay before it an original letter to the adjutant-general of the army (together with a plan of operations), detailing the proceedings of the force under his command. The Court is of opinion that the letter and plan should be laid before it. The Court is opened, and the above decision read. The prosecutor reads an original letter to the address of the adjutantgeneral of the army, dated 3rd February, 1845. (No.—in Appendix.)

Q. Is the plan you now produce a correct plan of the ground, and the position of the troops? A. Yes, I firmly believe it to be so, but not of all the troops.

Q. By whom is it drawn out! A. By Lieut. Graham, of the Bombay Engineers, by my order.

5th Witness on the Prosecution.

Q. Look at this letter, and state whether it be a true coy of a letter to the address of the prisoner, and if so, when was the original sent? A. This is a true copy, and signed by me. The original letter was sent on the 18th January, 1845, the same day it was written.

Q. Please to read the letter to the court?
The letter is read, and appended, No. 6.

Q. Did you receive a reply to the letter you sent on the 18th January, 1845, the copy of which you have just read, and if so, where is it? A. Yes, I received an answer on the 24th of the same month, which was sent to the adjutant general of the army (of which I have a copy). The copy is read, and appended. (No. 7 in the Appendix.)

The prosecutor here states that the letter (a reply from the prisoner) which has just been read, is dated on the 24th of January, six days after the receipt by the prisoner of the deputy assistant quarter master general's letter of the 18th of the same month. The prosecutor will shew that the letter written by the deputy assistant quarter master general S. D. A., was received by the prisoner the same day it was written. This will be shewn by a letter from the prisoner to the assistant adjutant general S. D. A., forwarding a report from Major George, c. B., dated 19th January, 1845. The prosecutor now produces a letter from the prisoner, dated 21st January, 1845 (No. 72), which is read and admitted by the prisoner as his, and is appended. (No, 8.) The witness retires. It is now twenty-five minutes past three o'clock, and the court is adjourned until tomorrow, eleven o'clock A. M.

THIRD DAY.

The prisoner here handed in a document setting forth that the letter, No. 79, dated 24th January last, purporting to be a true copy of a letter written by him, is not a correct copy, and begs that the Court will adopt measures for the production of the original letter, or that a perfectly correct copy of the same be put into Court.

The Court is closed to take the above document into consideration. The Court is of opinion that the original letter be produced. The Court is opened, and the above decision read. 6th Witness on the Prosecution. Major George, c.e., H.M.'s 22nd regt., is called into Court, and duly sworn.

ridge to the head of the pass about 1,500 paces. I think that was the usual range which the artillery officer calculated on in throwing his shells.

"

Q. Did you receive any orders on the 18th January, 1845, from the prisoner to occupy the head of the Ghaut-if so, what were those orders? A. I now produce the original orders which I received at 1 P. M. on the 18th January, 1845.

The order is read and appended. (No. 9 in the Appendix.) The prisoner admits that the order read is his.

Q. Is the letter now shewn you a correct copy of your report to the prisoner, of the 19th of January last, of your operations on that day with reference to his instructions just read ? A. It is a correct copy. The letter was read in Court yesterday, and is No. 10 in the Appendix.

Q. Did you retire after you had made your attack from the spirit and letter of your instructions, or that you did not consider you were able to force your way to the head of the pass? A. I retired decidedly according to the letter and spirit of my instructions, considering my orders imperative to do so. I consider that I was either at the head, or close to the head, of the passes, but they were not deserted; on the contrary, as I stated in my letter, I considered they were occupied in force. There was firing in all directions. I do not consider it was impracticable to force these passes, but I think it must have been attended with vast sacrifice of life: the men could only advance one at a time, and that very slowly, owing to the density of the jungle and every description of obstacle which was placed in our way, such as stockades, abbaittee, &c., extending for a mile down each of these passes, which led in directly contrary directions.

Q. Do you mean to say that you were as far as where the descent commences down the Ghaut by either of the passes? A. Just up to the commencement of the descent. I could not run the gun any further.

Q. Do you know the tree where Captain Arthur was wounded; if so, was the gun taken beyond that point? A. I do know the tree, which they call Arthur's tree, and I saw blood upon the ground, where, they said, he, and some others had been wounded, and the gun was taken beyond that point a short way.

Q. Do you know how far the head of the pass was beyond that tree? A. I consider a deserted stockade the head of the pass, and it was about sixty yards beyond the tree. I was beyond that.

Q. Did you go as far as where the descent of the Ghaut commences? A. I did, to what I conceived to be the descent of the pass on the right, which I believe to be the Goowo Ghaut or Cattle Pass.

Q. When you ordered the detachment to retire, did the men of the detachment display any disappointment at your retiring? A. I heard from some of the officers that some of the men were murmuring at retiring. I had fully explained in the morning before I had left my camp, both to officers and men, the nature of the order I had received.

Q. Did your position, which you conceived to be at the head of the pass, command all access to, or outlet from, the pass called the Kurwuttee Pass? A. My encampment was not at the head of the pass; it was on the ridge overlooking the whole intermediate space between that and the head of the Ghaut, and I considered it the most eligible spot for a pass. It was in fact selected by the prisoner.

Q. Was there any intermediate post between your post and the head of those passes? A. None-none could have been established with either advantage or security, in my opinion.

Q. How far did the made road extend to the head of the pass from your post? A. I should think about half-way, and a very bad one too.

Q. Did you consider that your position where you were encamped commanded the Kurwuttee Ghaut, so as to prevent the enemy ascending to the upper country? A. I could not prevent them ascending to the head of the pass, but I could see them; they came up almost daily, and were firing, but I think I could have intercepted any going from it to the upper country, or attempting to get there from the Kolapoor country.

Q. You have described the country so difficult, and covered with so dense a jungle, how could you see an enemy who wished to escape doing so through that jungle? A. There were open patches here and there, especially at the stockade I have before mentioned, and at the tree about sixty yards from it, where there was an open space. I saw them always coming up to the tree. That was the spot at which I constantly observed

them.

Q Was there no possibility of the enemy leaving the stockade without moving over that patch? A. Certainly, a possibility.

The prisoner, although having formerly expressed his intention of postponing all cross-examination till the defence, wishes to deviate from his intention with respect to the present witness, and enter on his cross-examination now, which is sanctioned by the Court.

Cross-examined by the Prisoner.

Q. If you could at any time have taken up what you might have considered a better position than the one you held, were you not, from the nature of your instructions, at liberty to have done so? A. I think not, without previously obtaining the prisoner's sanction. I beg to lay before the Court the instructions received from the brigade major of the first brigade. The paper of instructions referred to is read and appended. (No. 11, in the Appendix.) I repeat, what I have already stated, that the post I then held, selected by the prisoner, was the best, in my opinion, for carrying out his instructions.

Q. Did not the gun and mortars command the whole of the intermediate space between your position and what you considered the head of the passes? A. Certainly they did." Examined by the Court.

Q. In advancing as you did about 1,500 yards to what you considered the head of the passes, did you meet with any opposition ? A. I met with none until I had passed the second stockade. I consider that the head of the pass. No opposition was made between the camp and that place.

Q. Could the enemy have escaped from the Kurwuttee Ghaut to the upper country during the night, without your being able to intercept them? A. I think they could; nor could I during the night, from any position, have prevented them from escaping.

The witness retires.

7th Witness on the Prosecution. Lieut. Smyth, H. M. Second (or Queen's Royal) Regt., appears in court, and duly sworn.

Examined by the Prosecutor.

Q. Did you by order of Colonel Carruthers transmit any instructions to the prisoner on or about the 20th of January last, and if so, of what nature were they? A. I did. I produce a copy of Colonel Carruthers' letter, which was drawn up in my office, and examined by me, and of which this is a true copy. It is read in Court, and the prisoner admits it to be correct. Appended. (No. 12 in the Appendix.)

Q. Was there any other letter upon the same subject written to the prisoner on or about the 22nd of January last? A. There

was.

Q. By whom was it written, and by whose orders? A. It was written by Col. Carruthers in my office.

Q. If you have a copy of the letter, produce it. A. It is read and admitted by the prisoner as a correct copy. (No. 13 in the Appendix.)

Q. Did you move up the Kurwuttee Ghaut, or Gotea Pass, on the morning of the 21st of January last, and if so, with whom? A. I did; with Col. Carruthers, and about 700 men.

Q. Did you meet with any of the prisoner's troops either in the pass or on the top or head of the ghaut? A. About a mile from the top of the pass, I found a detachment under Major George encamped there.

Q. Had the pass been occupied by the enemy, would you have been likely to suffer loss in forcing your way up? A. Yes,

certainly.

Q. Did you leave any party at the top of the pass? A. I was directed by Col. Carruthers to proceed to Major George's post, if I found no detachment already at the head of the pass when getting up. There being none, I went to Major George's post, and, by Col. Carruthers' directions, requested him to send a detachment to occupy the head of the Kurwuttee Pass. Capt. Jephson, of the Queen's, with 100 men, maintained the head of the pass during my absence. That was the party which proceeded up the pass. Col. Carruthers' force remained on the top

of the Gotea ridge; one detachment under Capt. Jacob, to cooperate with Col. Outram at Gotea; and the one which I accompanied under Capt. Jephson up the Kurwattee Pass. On delivering Col. Carruthers' instructions to Major George, he immediately detached a party to occupy the head of the Kurwuttee Pass.

Q. Did you consider Major George's post to be at the head of the Kurwuttee Pass? A. No.

Q. How long were you and Captain Jephson at the head of the pass? A. Captain Jephson was there about two hours; I was there only for a very few minutes. I went straight to Major George's post. As soon as Major George's party came to the head of the pass to relieve Captain Jephson, he, Captain Jephson, went down the pass again to join Colonel Carruthers' force. Cross-examined by the Prisoner.

Q. Did I return an answer to Colonel Carruthers, in reply to

his letter of the 22nd January, 1845; if so, have the goodness to produce it? A. I believe there was an answer, but I never saw it.

Examined by the Court.

Q. By whom was the letter of the 20th January to the prisoner's address sent, and when and where was it delivered? A. Captain Gillanders undertook to send it up by a messenger at about II o'clock on the night of the 20th. The prisoner was at the top, I believe, of the Elephant rock. I don't know when it was delivered. A letter from myself to the prisoner was sent at the same time, and a reply to it was received before daylight on the morning of the 21st.

Q. Were there any troops of the prisoner's brigade in Sewapoor, when Col. Carruthers and 1700 men you speak of marched out of Sevapoor for the Goten Pass? A. Yes, there were; there was a large party, but I don't know the exact number, consisting of a detachment of H. M.'s 22nd reg., 2nd E. reg., and the 20th M. N. I., under Major Clemons, of the 20th M. N. I. There was also some artillery.

Q. Did the party under Major Clemons remain at Sevapoor, or take part in the operations carried on under Col. Carruthers? A. The detachment of the 20th Madras native infantry were despatched to the village of Gotea on. I think, the 22nd; the remainder of the prisoner's troops at Sevapoor were employed partly on out-post duty, and partly fatigue duty.

The witness retires. It is now 25 minutes past 3 o'clock P. M., and the Court is adjourned until Monday next, at 11 o'clock

A.M.

FOURTH DAY.-CONTINUATION OF THE PROSECUTION. Major George, c.в, H. M.'s 22nd reg., is called as an evidence on the third instance of the charge, and examined on his former oath.

Eramined by the Prosecutor.

Q. What orders did you receive on the morning of the 21st of January, 1845, from the prisoner? A. I received no orders from the prisoner on that morning, but I received a note from Capt. Brockman, the brigade major of the 1st brigade, which I now produce.

Q. Are you acquainted with Capt. Brockman's handwriting? A. I am not sufficiently acquainted with his handwriting. I believe it to be his.

Q. Have you ever seen him write? A. I have. The note is read and appended. (No. 14 in the Appendix.)

Q. Had you any doubt of this note coming from Captain Brockman, and did you act upon it? A. I had no doubt of its coming from Captain Brockman, and I acted upon it immediately, to the best of my judgment.

Q. What steps did you take? A. I ordered the whole of the available men off duty under arms immediately. This was at nine o'clock in the morning, when I received the note; and I established picquets and patroles for about two miles, I think, to my extreme left, on the ridge overlooking the jungle, as being the most exposed part of the whole position I was ordered to watch, being led to infer, from Captain Brockman's note, that the enemy were likely to attempt to escape to the Kolapoor country. Throughout the whole day I neither saw nor heard any indication of hostility taking place. I did not hear a shot fired.

Q. Did any of your detachment descend the ridge towards the Kurwuttee Ghaut on that day? A. They did, on a requisition being made to me personally by the acting brigade-major of Colonel Carruthers.

Examined by the Court.

Q. Did the acting brigade major of Col. Carruthers visit your post on the morning of the 21st of January, 1845, and if so, at what hour, and what occurred between you and him? A. It was between 12 and 1 o'clock in the day. He stated to me that Col. Carruthers was very anxious to have a post established at the heads of these passes, and I did comply with it, and reported accordingly to the prisoner, and I likewise gave a note to the acting brigade major of Col. Carruthers, for Col. Carruthers, reporting what I had done; and I recollect distinctly requesting that, if possible, Col. Carruthers would give me his orders in writing, not knowing how far I was justified in receiving orders from another brigadier under whom I had never been placed.

Q. Did you receive any orders from Col. Carruthers after your communication with his brigade major? A. I did not, either verbal or written. Subsequent to my communication with Col. Carruthers' brigade major, I applied to the prisoner to know whether I was to receive any orders from Col. Car. ruthers, and he said, certainly.

The witness retires.

Capt. Jacob, 2nd Grenadier B. N. I. is called into Court, and duly sworn.

Examined by the Prosecutor,

Q. In what capacity did you serve during the late operations before the Forts of Munohur and Munsuntosh ? A. I was extra aide-de-camp to Major-Gen. Delamotte, and had charge of the intelligence department.

Q. Did you accompany Col. Carruthers to Sevapoor? A. I

did. Q. Why did you do so? A. Maj. gen. Delamotte directed me to give every aid in my power to Col. Carruthers' movement on Sevapoor, and to his junction with Col. Outram the following day at Gotea, which my knowledge of the position of the several stockades in the valley, and my being in charge of the guides, enabled me to do; further to keep the maj. gen. acquainted with all that was going on, especially with reference to the investment of the forts.

Q. Did you carry any instructions to the prisoner from Col Carruthers, and if so, on what day, and what was the nature of them? A. On the 22nd of January, 1845, I believe, I conveyed a letter from Col. Carruthers, which I personally delivered to the prisoner. I am not perfectly certain that I gave it with my own band. I think that I sent it in from the next tent, with a note, saying that I would call when I got my uniform up. The prisoner kindly excused this, and I went in immediately, and conversed on the subject of the letter. The letter was to direct the immediate occupation of Sasseedroog; and further to shew the importance of the ridge connecting Sasseedroog with the fort, I think it was mentioned in the letter that it was desirable that he should occupy Capt. Allan's post, and so form his brigade as to be in connection with that portion of it which Col. Carruthers had just despatched to Gotea. This is certainly the pur port of my communication, and I believe it to be the spirit of the letter; and the letter further said, I believe, that his chain of posts along the Elephant Rock ridge was useless, as being in rear of the more advanced line of operations. I also said that, at the position at Sasseedroog, he would have the front face of the fort to deal with, that it was an excellent fighting position, or words to that effect.

The letter, No. 13 in the Appendix, is shewn to the witness, who says that to the best of his belief that is the letter, but wishes to explain that the head of the Kurwuttee Ghaut and Sasseedroog are the same: the latter looks down upon the Kurwuttee Ghaut, Sasseedroog runs out, and the Ghaut runs along its flank and part of its rear.

Q. Did you ascend the ridge which led to the Elephant Rock, and did you ascend the ladder? A. I did ascend both. Q. In your opinion could an enemy stockade this ridge while troops occupied the top of the rock, and had possession of the upper part of the ridge? A. Yes, they could to a limited

extent.

Q. Do you think an enemy could have much delayed the descent of an attacking party along the Elephant Rock ridge? A. There are two or three places where the enemy might have given trouble; notches as it were in the ridge a little rise-thus a natural sort of parapet, where desperate men might find shelter, and do great deal of mischief; but I believe they could all be turned. I do not consider they could delay an attacking column more than an hour or two at the outside; even if they could not be turned, but at some loss of life, the attacking party from above must always have had the advantage.

Q. Are you aware whether the orders conveyed in Colonel Carruthers' letter by you to the prisoner were carried into effect, and if so, to what extent were they? A. The prisoner told me that I might report to the general that he intended to carry them into immediate execution. How far he did or did not, I cannot say, because, after reporting this to the general, I was ordered to join Colonel Outram's brigade, in its attack on Munsuntosh, which was on the other side.

Q. Do you consider the public service to have suffered from the prisoner's premature attack on the 17th January, 1845, on Se vapoor, and if so, explain how? A. I do: I consider that if no attack had been made from the Elephant Rock until the light troops of the other brigade had been well thrown out below, that more of the enemy might have fallen, if not have been secured; but we could not have hoped to catch all from the quantity of jungle near the place.

Q. On what ground do you form this opinion? A. The enemy, in their fancied security of the strength of their stockades, would probably have remained in and about Sevapoor until the last stockade in the valley had fallen. It is reasonable to suppose that a considerable body would have been watching the prisoner's motions on the Elephant Rock, and therefore higher up on our left flank it is east-north-easterly, and further away from the fort. A light body of troops pushed on from the last stockade, which is pretty close to Sevapoor, would have been in ample time to intercept such body, viz. those watching the prisoner's move

ments, and would most probably have been in time to fire a volley on those who might then be deserting the main portion of Sevapoor for the fort. Those who were further up the valley nearer the Munobur ridge, we should not have been able to intercept.

Q. Do you know whether the prisoner occupied the post on the Munohur ridge, which he was ordered to occupy in the letter you conveyed to him on the 22nd of January, 1845? A. I corresponded with Capt. Allan, who was here on the 25th of January-I nevar saw my portion of the prisoner's troops in the ridge. The tents of his brigade appeared to me to be pitched to a mile or a mile and a half on the upper ledge, away from the ridge of the Ghaut. The portion of the prisoner's brigade sta tioned at Gotea by Col. Carruthers' order, connected Capt. Allan's post with Col. Outram's line of investment. I cannot say from personal observation that the prisoner did not send other troops on the ridge. I was not there. I should have seen tents had they been there, but I might not be able to see

men.

Q. Do you mean to say that up to the 25th of January Capt. Allan was not relieved? A. Capt. Allan was wounded in the attack on Munohur, on the 25th of January. From that post I cannot say whether his men were relieved or not.

The witness now appeals to the Court that his detention here is to the great detriment of the public service, that there are some hundred cases of prisoners to be tried, and that he has not received permission from Government to quit his post, and that at his own risk he has obeyed the summons. There are other cases of an urgent public nature; he begs therefore the Court to consider whether his cross-examination cannot be conducted

now.

The prisoner states that Capt. Jacob has been summoned here upon the prosecution; he is not a witness of his, but rather than keep him from his important duties, even for one moment, he will proceed with his cross-examination. If any inconvenience result from Capt. Jacob's being taken from his official duties, it is not to be attributable to him; but as he is defending his fame and character after thirty-three years' service, it is necessary for him not to be hurried in his cross-examination. It is matter of vital importance to him.

The Court is closed to deliberate on the above appeal. The Court is of opinion that the prisoner should be called upon to state whether he is prepared to proceed with the cross-examination of Capt. Jacob; if not, the Court will allow him to postpone the cross-examination of Capt. Jacob until to-morrow. The Court is opened. The above decision is read; and the prisoner states that he will proceed with the cross-examination

Q. Have the kindness to point out where I am ordered by Capt. Carruthers to occupy Sasseedroog. A. "I beg to point out to you the propriety of immediately removing your encampment to the head of the Kurwutte or Gotea Ghaut, which you have already been directed to occupy by the general, and which is essential to complete the investment of Munohur." The above, in connection with the opening paragraph, shows what was meant; Sasseedroog being at the head of the Ghaut. An authenticated copy of the above letter is No. 13 in the Appendix.

Q. Have the kindness to point out Capt. Allen's name in the letter. A. Capt. Allen's name is not in the letter. The post referred to in the third paragraph was commanded by him. There was no other post on the ridge at that time.

Q. Did you know that at the time you told me about Sasseedroog that I had in that direction the greater part of my brigade then above the Ghauts, and that near 600 of my infantry, under Maj. Clemons, had been detained at Sawapoor, by order of Col. Carruthers, contrary to my wish, as conveyed to Col. Carruthers by Maj. Clemons? A. I did not know where the portion of the prisoner's brigade above the Ghauts was posted. I understood they were not at Sasseedroog. I believe that about the number mentioned were detained below by Col. Carruthers, and that the prisoner had applied for their services.

Q. Do you know that my wish to get back my troops from Sewapoor was for the purpose of carrying out the orders from the Maj. gen. relative to the Kurwuttee Ghaut? A. The prisoner told me so himself, and I heard so below.

Q. Do you know if Col. Carruthers wrote a second letter, in which he countermanded the order about my leaving the post on the Fort ridge. saying he would maintain that post himself? A. I know nothing of that, and heard nothing about it at the time.

Q. Did the troops under Col. Carruthers, whilst advancing towards Sewapoor on the 20th January last, meet with opposition from the enemy? A. None.

Q. What distance did the troops under Col. Carruthers march on the 20th of January when they advanced to Sawapoor? A. About five or six miles. I do not know exactly.

Q. Would not our troops, during their advance on Sewapoor, on the 20th June, have suffered severe losss, if the previous capture and occupation of Sewapoor by the 1st brigade had not turned the numerous stockades, and which induced the enemy to abandon them? A. They would have suffered some loss certainly, but I had a plan of all the stockades, and they could have been turned by the advancing column-not by guns, but by infantry. I also knew the sites of all the stockades.

Q. Did I send for my brigade major, and question him in your presence on the subject of some instructions I had received from Col. Carruthers, in his letter of the 20th of January, to which a reference is made in the letter you brought to me; if so, what did Capt. Brockman say? A. The prisoner did so, stating that he had ordered Capt. Brockman to shew the letter to the officers concerned, Major George's name. I recollect Capt. Brockman admitted his having received such orders, and that he bad shewn the letter as directed. There was also another letter from Col. Carruthers' brigade major, which accompanied that letter, which, to the best of my recollection, he said he bad shewn to Capt. Jones.

Q. Did I not maintain the communication with the troops under Major Clemons at Gotea from the time that village was fixed upon and occupied as a post, and did I not supply the troops at Gotea with provisions, and continued doing so until the troops were withdrawn? A. I know nothing myself on that point, but I heard that the prisoner did supply that post. Major Clemons himself told me so.

It is now a quarter to four o'clock P.M. and the Court is adjourned until to-morrow forenoon at eleven o'clock,

(To be continued.)

MISCELLANEOUS.

The induction of the Rev. A. G. Fraser, as minister of the Free Church of Scotland in Bombay, took place at the American Mission Chapel, yesterday evening, in presence of a highly respectable congregation.-Gentleman's Gazette, May 17.

The prospectus of a museum at Hyderabad has just been published. The Deccan furnishes a fine field for the labours of the botanist, geologist, and antiquary.

A Captain Wright, of the ship Sir Charles Napier, has been summoned before the magistrates upon three several occasions ; upon two, for receiving premia of 50%. respectively on account of two lads who were rated as midshipmen on board of his ship, and for neglecting to do his duty by them in consideration of value received, by neglecting their health, comfort, and education, and imposing upon them every description of menial office. In these instances Mr. Wright received a severe reprimand from the senior magistrate of police for his conduct towards the lads, whose indentures were immediately cancelled on their petition. The third time that Captain Wright appeared before the magis trate was to answer a charge made by Mr. Cleland Cumberlege, for bringing him out in the Sir Charles Napier, without having required him to sign the necessary articles. Captain Wright admitted that he had omitted to insert the name of the young man in the articles of his ship, and pleaded inadvertence. He was fined in the sum of 107., half of which was given to the informer. We hope that the knowledge of these facts will make parents more cautious how they intrust their children to the care and tuition of persons who are willing enough to receive premia, but unwilling to work for and deserve it.

A meeting was held at the Bank of Western India on Thursday, the 15th instant, at which it was unanimously resolved that a London Directory should be organized in connection, so as to bring it within the provisions of the late Act for the Regus lation of Joint Stock Companies. The Bank has changed its name from the Bank of Western India to that of "The Oriental Bank." It is stated that the capital of the Bank is to be doubled. On these arrangements being made known, the price of bank stock is reported to have risen from 41 to 48 per cent.

Dr. Buist, secretary of the Bombay Geographical Society, proceeds to Europe by this steamer. Capt. Lynch, I. N., has been appointed to officiate as secretary pending the doctor's

return.

Mr. Arthur and Mr. Brooks have been admitted to practise as attornies in the Supreme Court of this presidency.

The weather continues oppressive, but we are glad to say that as yet the island is healthy.-Bombay Courier, May 20.