currence of the improper conduct on your part which I have already commented upon, the Court will then interpose its authority and restrain you. I am determined to put a stop to such conduct for the future. I have read a letter addressed by Sir Erskine Percy to the Government, which was written during my absence from Bombay, in which he gave it as his opinion also that there were grounds in the case of Luximon Hurrichunder for sending it before the jury.

The ADVOCATE-GENERAL.-Then am I to understand that your lordship does not wish me to make any observations in my defence? The CHIEF JUSTICE.-If you wish to make any observations, of course the Court will hear them; but I will not enter into any discussion with you upon the subject.

The Advocate-General then resumed his seat, and the matter dropped.

The following are copies of the letters read by the Clerk of the Crown:

To J. Campbell, Esq. Clerk of the Crown. SIR,-In reply to your communication, I beg to state that I am not prepared to express any opinion in the case alluded to in it, or the course I intend to pursue with regard to any other Government prosecutions for the ensuing sessions. It would, I think, be premature and prejudicial before the sessions arrive. You must therefore excuse my complying with your request.

I have the honour to be, Sir, your most obedient servant,
A. S. LE MESSURIER, Advocate-General.
Bombay, 4th February, 1845.

(Signed)

On the 16th, the learned judge, prior to the commencement of the business of the Court, made a third allusion to the matter as shewn in the subjoined report :

The Chief Justice took his seat on the Bench a few minutes after ten o'clock, and some preliminary business was gone through.

His LORDSHIP then directed himself to the Advocate. General, and said, that after he had addressed him on Saturday last, he (the Advocate-General), without making any remarks, had sat down. He (the judge) had then declared that he was willing to hear the Advocate-General, but that he would not have any altercation with him. From the Advocate-General's having sat down, the impression upon his (the judge's) mind was, that the Advocate-General did not then wish to enter into the matter, and that he would not in future continue the course with regard to the indictments of which the Court complained. His object on the present occasion was to know whether he was right in that impression.

The ADVOCATE GENERAL.-My lord, I certainly wished to make some observations upon what had been said to me.

The CHIEF JUSTICE.-Then I am ready to hear you. The ADVOCATE GENERAL.-My lord, I then wished to make some observations, but now

The CHIEF JUSTICE.-I merely wish to know if my impression was right or wrong; if wrong, I shall order the letter to be written to Government.

The ADVOCATE-GENERAL.-I most certainly request that letter to be written.

The CHIEF JUSTICE.-The letter shall be written to the Secretary of Government immediately after the sessions, and I shall consider what rule I shall make on this subject. The Advocate-General will have an opportunity of explaining his views, after the letter is sent in to the Government.

The ADVOCATE-GENERAL replied in the affirmative.

The CHIEF-JUSTICE, after a short pause.-I wish now to know definitively if the system hitherto carried on in these matters is to be persevered in by the Advocate-General ?

The ADVOCATE-GENERAL, who was standing, sat down without speaking a word.

The CHIEF JUSTICE.-Then you do not give me any reply. Mr. Campbell, you, as Clerk of the Crown, will please to take a note of

this matter.

MISCELLANEOUS.

It is with sincere regret that we perform the painful duty of announcing the death, by cholera, of Capt. P. Tonks, surveyor of shipping to the Sun Insurance Office. This much regretted event took place last evening, at a quarter past five, at the residence of the deceased, at Colabab, after an illness of but eight hours. Capt. Tonks was a very old country officer, a man of sterling worth of character, and much respected by his employers, and by all who had the pleasure of his acquaintance. He leaves a widow and five children to bemoan his premature and irreparable loss.- Courier, June 27.

CUSTOM-HOUSE SEIZURES.-We have been given to understand, that the ships Forth and Exmouth were seized on the 26th

instant, for landing cargo without a pass and at a prohibited bunder. It appears that the parties on board attempted to land cargo of the value of about 2,000 rupees, and when detected, pleaded, as is usual with people convicted of flagrant instances. of the breach of the existing regulations of a port, ignorance of the law. In this case the offenders were let off very easily by the infliction of double duty, amounting somewhere to between three and four hundred rupees. We are told that an officer is still on board the Forth to superintend the discharge of the remainder of her cargo, but there is no officer on board the Exmouth, it being found impossible to get any one to go on board of her.-Courier, July 1.

A PLAGUE SHIP.-Though at the time when we heard of the death of the late Capt. Tonks, we were informed that the disease to which he fell a victim was induced by an early visit to the Exmouth, or rather that it manifested itself immediately on his return from that vessel, we did not hear, until after the pub lication of our last number, that the vessel on entering the port came laden with the seeds of the direst diseases. It can hardly be expected of us, as public journalists in the faithful discharge of our duty, to speak in measured terms while reprobating_the negligence of those whose duty it is to look after these things, or to convey our reproof in honied accents. We are not individually inclined to expose the faults and failings of our neigh bours, but in our public capacity we have no option allowed, and to be silent would, in us, be criminal. If it be true, that the pilot did not report the state of the ship and her crew, he ought on conviction to be summarily dismissed for neglecting one of the most important duties intrusted to him: if, on the other hand, he did his duty and reported the facts as appeared to him, we can scarcely find terms strong enough to express our surprise at the neglect of the officials whose more immediate duty it is to take the proper measures in these matters. But we can hardly believe this-we can hardly believe that the pilot could have made his report to his superiors, and in this surmise we are strengthened by the fact of the vessel having been taken by the pilot into the harbour and anchored among the shipping. Our contemporary of the Gentleman's Gazette has a long article on this subject in his paper of yesterday, written in his usual eccentric style. Our contemporary speaking of the Exmouth says, Why is there not a strict quarantine regulation adopted for such vessels?" "We ask, why were not the dictates of common sense adopted?" We have no patience with such mawkish sentimentalism as the following:

6.

"It must not be supposed that we are disposed to increase the labours of the pilots of this port, who are a deserving class of men, cheerfully performing their duties; but even they are so badly treated that, notwithstanding numbers of them die every year from exposure to the climate, during the heats and the rains, it is with the utmost difficulty that their widows and families can obtain the merest pittance as a pension. There is no pro vision for the pilots' widows or orphans;' yet, by an anomalous process of reasoning, the Honourable Company and the merchants require men of great talent, energy, and skill, to guide their ships into and out of this port.'

The above conveys a piece of intelligence the correctness of which we think it quite out of our contemporary's power to prove. We are informed that numbers of the pilots die every year from exposure to the climate during the heats and the rains." When we hear such a statement as this, we are almost inclined to doubt whether we are living on the same island with our contemporary. We suppose the pilots do not give their services to the public for nothing; and if they live long enough to merit a pension on the score of past services, we have no doubt, like other Government servants, they receive it; but we can assure our contemporary that the practice of pensioning the wives and families of deceased Government servants is quite exploded.

However, revenons à nos moutons: we have not the slightest hesitation in saying that the lamented death of a very estimable and useful public officer may (subject to the will of Providence) be attributed to the shameful neglect of some party or parties whose bounden duty it was to have seen to the state of the Exmouth, and to have guarded against the illeffects to be expected from the union of native filth and the cramming of 800 human beings into a vessel of 500 tons. We are told by the Gentleman that perhaps the pilot was not made acquainted with the whole truth by the Nacod or the crew of the ship This is sheer nonsense. If the aspect of the sick then on board would not tell him, if the very appearance of the ship did not convince him, why his own nose, we fancy, would have told him that the ship was the receptacle of the most pestilential diseases. We say his nose would have told him. Captain Tonks, accompanied by Mr. Atkinson, proceeded on board the Exmouth in the morning of the 26th, and on arriving on board, the stench was so intolerable that both

gentlemen were seized with a violent fit of retching, which, we confidently believe, induced the attack of which the firstnamed gentleman died. We trust that this case will not be allowed to pass unnoticed, but that it will attract the attention of Government.

Since writing the above, we regret to learn that the pilot who brought the Exmouth in, has himself been attacked with cholera, and was dangerously ill last night.-Courier.

POONAH.-Letters from Poonah describe the ravages of the cholera as being remarkable; the want of rain was regretted there as much as it is now in Bombay. Amongst the deaths on Monday last, was that of the band master of H. M.'s 28th regiment, who lately arrived from England.

His Excellency the Commander-in-chief is to give a grand entertainment to-morrow.

Rumour is busy in speaking of the case of a man said to have been poisoned in order to prevent his giving testimony at an approaching trial. Suspicions are afloat as to the causes of his death, and it was even stated that the stomach had⚫ been sent to Bombay to have its contents analyzed.— Gentleman's Gazette, July 2.

AHMEDABAD.-Rain fell from the 5th to the 8th in all the purgunnahs, particularly the southern districts, and also about the 19th which enabled the cultivators to begin ploughing, except in Ahmedabad Duskrohie, where it was not sufficient for that purpose. In Gogo, bajree seed had been sown, but seed

had not been sown in the other purgunnahs.

KAIRA.-Moderate rain fell at intervals during the period under report, and on the 8th of the month in abundance in the Nepar and Borsud purgunnahs.

BROACH.-The fall of rain was general and plentiful in all but the Jumbooseer purgunnah, where there had been only three days' rain. Agricultural labours were progressing favourably. Rice, kodra, and cotton had been sown in several villages, and in others were being sown.

SURAT.-The monsoon had set in very favourably. Rain bad fallen generally on the 5th instant, and had continued at short intervals through the whole of the fortnight. The preparations

for sowing rice, kuppas, and other grain, were in active progress, and the Bagayet crops, sugar-cane, and plantains, ginger, &c. were all looking healthy, and promised to be abundant.

TANNA.-The rain set in here about the 6th or 7th, and during the period fell sufficiently throughout the Collectorate to enable the ryots to sow their crops, which had been for the most part completed, except in the salt batty grounds, the rain not having being so abundant as that kind of land requires. The ryots had commenced ploughing their fields, for which the weather was favourable.

CANDEISH.-In Baglan, Pimpulnair, Nundoorbar, and Sooltanpoor, the rain had been abundant, and sowing was in progress. In Bhurgaom, rain has fallen in a few places sufficient to admit of sowing, but generally there was a deficiency. In Chaleesgaom, rain had not been abundant, but still the soil was sufficiently moistened to admit of sowing the early seed. In Mailigaom rain had fallen chiefly in the hilly country, where sowing was in progress. In the plains there had not been enough for agricultural operations. In Chopra the rain had been partial, in some places enough for sowing, in others none. In Nusseerabad there were some heavy storms during the early part of the fortnight, and sowing had commenced, but had been discontinued, owing to the subsequent want of rain. In Yawub, Amulnair, Dhoolia, Erondole, Thalneir, Sowda, Jamneir, Sahora, Pachora, and Arawud, there has been scarcely any rain.

COLABA. The season set in very favourably on the 4th of June, and the rain continued heavy. The sowing of the rice had been completed in the sweet rice land, and had commenced in the salt rice land. Cholera prevailed in the villages.

P. W. Le Geyt, esq. has taken charge temporarily of the office of a puisne judge of the Sudder Adawlut, in the room of Mr. Pyne, who has obtained three months' leave to visit the Deccan.

IMPORTANT." It gives us," says the Gentleman, "great pleasure to learn that the causeway at Mahim (Lady Jamsetjee's) has borne the first shock of the monsoon without any remarkable injury. A few stones were loosened, but Captain Cruickshank, who was there on Saturday, took care to have them (the truant stones) properly secured."

NAPIER.-The gallant Colonel Outram has arrived in Bombay. This experienced officer, who has already acquired cele. brity by his pen, is stated to be engaged in the preparation of a work relative to Scinde, which is, as it is said, to controvert many of the positions advanced by General W. Napier. The work will, as it is reported, be first printed privately in Bombay, and a correct copy sent to London to be reprinted there, and distri

buted gratis in England. It is not known if any of the copies printed in Bombay will be circulated in India.

We understand that a captain of infantry at a distaut station has been placed in arrest, for having obtained an accountant general's bill from the pay office, in the name of the mess, without the knowledge of the other officers, and accommodated a native Soukar therewith. Beyond this our correspondent gives no particulars; we therefore refrain from all comment on the subject.-Bombay Courier.

THE CIVIL SERVICE MEMORIAL TO THE COURT OF DIRECTORS.-We give insertion to the following memorial from the civil servants of this Presidency, on the subject of the charges brought against their body by Sir Charles Napier :

To the Honourable the Court of Directors for affairs of the Honourable East-India Company.

The humble memorial of the undersigned members of the civil service of the Bombay Presidency,

Respectfully sheweth: that the attention of your memorialists has been attracted to the following, amongst other passages, in a book lately published, entitled the "Conquest of Scinde."

Extract 1st, page 9.

"Sir Charles Napier having reached Bombay was appointed to command at Poona, and soon attracted public notice by his professional activity; and he quickly detected, and in his letters forcibly depicted, the vices, civil and military, which had gained such strength under Lord Auckland's government, if they did not originate with it, that the total destruction of the Indian army, and the ruin of the Indian empire, seemed to be hastening on with giant strides. To give his views at length, and in his own nervous language, would be of little service now, and might be injurious; but those views were at the time shewn to competent authority at home, and returned to the author of this history with this remark, 'too true a picture drawn by a master's hand.' But it was at this moment, for the salvation of India, Lord Ellenborough came to curb the nepotism of the directors-to repress the jobbing tribe -to reduce the editors of papers from a governing to a reporting class, and raise the spirit of the army sinking under insult, and the domineering influence of grasping civilians who snatched the soldier's share and calumniated him through a hireling press."

Extract 2nd, page 14.

"Yet he (Sir Charles Napier) sought not nor desired any active command beyond the Indus. He disliked the appearance of affairs, and was disgusted with the shameless system foully pervading all branches of the public service; a system which he, having then no experience of Lord Ellenborough's great qualities, could not hope to see overborne, supported as it was by factious persons of influence in England and by the Directory, and in India by the most vehemently unscrupulous press that ever pandered for hire to bad men at the expense of the public interests." Extract 3rd, page 95.

"He, Lord Ellenborough, found the finances embarrassed, the civil and political service infested with men greedy of gain, gorged with insolence, disdaining work, and intimately connected with the infamous press of India, which they supplied with official secrets, receiving in return shameful and shameless support! for thus combining they thought to control the Governor-General, and turn the resources of the state to their sordid profit." "He found the military depressed in spirit, and deprived of their just allowances, the hard-working soldier oppressed, the idle vapourer encouraged, discipline attainted, and the military correspondents of the newspapers assuming, falsely it is to be hoped, the title of officers, constantly proclaiming sentiments cowardly and selfish, without an indication of honour and patriotism."

Extract 4th, page 100.

"The Governor-General's hands were thus freed from the military fetters fastened on them by Lord Auckland, and he instantly employed them in choking off the civil and political leeches who were sucking the public. He broke the connection between official men and newspaper editors, and defying the blatant fury of the latter and the secret enmity of the former, drove the unclean people from the administration. He restored the drooping spirit of the army by a vigorous protection of its honour and interests, and he put to flight the political agents and their assistants, who, numerous as locusts, had settled on the countries beyond the Indus. Their number equalled that of the whole of the salaried officers employed for the diplomacy of all Europe. Their vanity, uncontrolled power, their pomp and incapacity, had contributed more than all other things to the recent misfortunes. Wild was the uproar these reforms occasioned. All the rage of faction broke

Note, your memorialists would here remark, that with the exception of Mr. Clerk, the distinguished agent of the Governor-General at the court of Lahore, there was not a single member of the civil service employed in the countries west of the Indus.

loose. No calumny that sordid falsehood could invent, or cowardly anger dictate, was spared."

Extract 5th, page 95 of Appendix.

Extract of a private letter from Sir C. Napier, April 1843. "I see that all sorts of attacks are made upon Lord Ellenborough's policy in England as well as here. As regards India the cause is this: Lord Ellenborough has put an end to a wasteful expenditure of the public money by certain civil servants of the state, who were rioting in the plunder of the treasury; at least such is the general opinion. These men are all intimate with the editors of papers, and many of them engaged with them; they therefore fill the columns of the newspapers with every sort of gross abuse of Lord Ellenborough's proceedings. But men begin to see through this, and justly to estimate Lord Ellenborough's excellent government, in despite of these jackals driven by him from their prey. The army was degraded, vilified, run down, till it really began to be infected with a bad opinion of itself. When I arrived at Poonah, I saw and heard such things, that I had no difficulty in accounting for our misfortunes. This time last year India was all gloom and despondency. This year every one is cheerful and confident. The armies in Affghanistan were then supposed to be lost. They became victorious, and are now on the right side of the Indus. In short, all is safe and flourishing. But the treasury is no longer pillaged by the civil servants of the public. In that is his lordship's crime."

That the book containing these misrepresentations and aspersions on the service to which your memorialists belong, is written by Major-Gen. W. F. Napier, and that the statements profess to be founded on information furnished or extracted from letters written by the author's brother, Sir Charles J. Napier, at present governor and commander of the forces in Scinde.

That Sir Charles Napier arrived in India with a strong prejudice against the system of government in India, and against those by whom that government is administered, is proved by the following extracts from his notes upon Dr. Vigny's "Lights and Shadows of Military Life." (Colburn, 1840.)

"Being mortal, he (Napoleon) committed errors. The attempt to seize Spain was perhaps his greatest misdeed: it was as criminal, though not so successful, or so cruel in its execution, as the conquest of India by England. But God is just. The French were deservedly beaten in Spain. The English rule totters in the East."

"There is, however, one thing to be said, that Napoleon was tempted by the folly of the reigning monarch of Spain; his wish, if it had been accomplished, would have promoted the happiness of Spain. He had nothing cruel or vile in his object, whereas the object of the English Government was to enrich a parcel of shopkeepers-the shopocracy' of England, as it has been well termed ; and a more base and cruel tyranny never wielded the power of a great nation. Our object in conquering India, the object of all our cruelties was money lucre. A thousand millions sterling are said to have been squeezed out of India in the last sixty years. Every shilling of this had been picked out of blood, wiped and put into the murderer's pocket; but wipe and wash the money as you will, the damned spot' will not 'out.' There it sticks for ever, and we shall yet suffer for the crime, as sure as there is a God in heaven, where the commercial interests of the nation find no place,' or Heaven is not the place that we hope and believe it to be justice and religion are mockeries in the eyes of a great manufacturing country,' for the true God of such a nation is Mammon. I may be singular, but in truth I prefer the despotic Napoleon to the despots of the East-India Company. The man ambitious of universal power generally rules to do good to subdued nations; but the men ambitious of universal peculation rule only to make themselves rich, to the destruction of happiness among a hundred millions of people. The one may be a fallen angel, the other is a hell-born devil."-Vol. ii. page 323.

That your memorialists, confident in the known character of the civil service of India, would have been disposed to pass over unnoticed the calumnies contained in the above extracts, had they been the production of anonymous pamphleteers; but, considering the reputation of the authors of these calumnies, silence on the part of your memorialists might mislead a very large portion of the European world, who, little acquainted with the details of Indian affairs, would naturally believe uncontradicted assertions, put forth by the celebrated historian of the " War in the Peninsula," on the authority of the conqueror of Scinde.

That, although these slanders are indiscriminately applied to the whole civil service of India, your memorialists feel themselves specially called upon to contradict and repel them, as your memorialists belong to the presidency in which alone Sir C. Napier could have met the individuals who pillaged the public treasury; exercised a corrupt and venal influence over the public press; calumniated their fellow servants in the noble profession of arms;

insulting and domineering over them, and depriving them of the "soldier's share," and were guilty of many other abuses, insinuated though not expressed.

Your memorialists therefore humbly pray that your Honourable Court will be pleased to require Major-General Sir Charles Napier, who at present has the honour of serving under you, either to produce proofs of the facts, on which his statements in disparagement of the civil service of India, published in his brother's book, are founded, or distinctly to disavow them, and acknowledge that they are erroneous, and altogether inapplicable to that branch of the civil service to which your memorialists have the honour to belong; and

Your memorialists will, as in duty bound, ever pray.-Bombay Courier, July 19.

PROCEEDINGS OF THE COURT-MARTIAL ON COLONEL WALLACE. (Continued from page 482.)

Q. Did you write to me on the night of the 15th January last; if so, is this your note, and how did you send it? A. Yes, this is my note, and I gave it to Capt. Bayley. (The note is No. 32 in the Appendix.)

Q. Did you see my reply to Capt. Bayley's note, in which yours was inclosed, and is this it? A. Capt. Bayley shewed me a note, and, to the best of my knowledge and belief, this is the note. (The note is No. 31 in the Appendix.)

Examined by the Court.

Q. You superintended the clearing away a space of ground near Arthur's Tree; why did you discontinue so doing, and by whose orders? A. I completed the clearing for an encampment, and reported the same to the prisoner as, in my opinion, being fit for it.

Q. Did you never receive orders to clear away the jungle in advance of that position? A. No.

Q. Was not the retreat of Major George from the head of the Kurwuttee pass calculated to give confidence to the enemy, and might not that have been attended with ultimate advantage? A. Yes; I cannot see which way the enemy gained confidence could have been of advantage to us.

Q. Look at these letters (Nos. 27 and 28 of the Appendix), and state what part of them refer to the ground between Major George's post and the head of the Kurwuttee pass or Sasseedroog? A. Letter No. 27 chiefly relates to the operations that were carried on in the direction of the Chota Droog and the road it was proposed making down the ravine there, and relates to the subject of the encampment near Capt. Arthur's tree, inasmuch as the opposition the enemy evinced to my making the road to the encampment and clearing the ground. Letter No. 28 wholly relates to the Chota Droog. The witness retires.

Tenth witness for the defence. Henry Wilson Reeves, Esq., political agent S. M. country, is called into Court, and duly sworn.

Examined by the Prisoner.

Q. Did you conduct the political duties in the Southern Mahratta country during the recent military operations in the Kolapoor state? A. Yes.

Q. From the information you obtained, and the reports made to you as political agent, will you kindly state where the principal rebels you wished to capture escaped to when Sewapoor was taken on the 17th of January last? A. To the fort of Munohur. Q. Do you not think that it was desirable to drive these rebels out of the jungles into Munohur? A. Certainly.

Q. Supposing our troops were in a position ready to take Se. wapoor with little or no loss to us, and had retreated from the enemy, instead of advancing and taking that place, what do you think would have been the moral effect of such a retreat? A. I should say it would have had a bad effect.

Q. Had Sewapoor been taken before it was, do you not think the moral effects of such capture would have tended considerably to have stayed, if not crushed, the insurrection? A. If I may assume that the capture of Munohur and subsequent proceedings of the force would have followed as speedily as they have actually, then I would say it would have had that effect. Q. How many insurgents do you think were in arms under the several chiefs during the recent Sawunt Warree rebellion? A. About 2,000 altogether.

Cross-examined by the Prosecutor.

Q. Will you state to whose command the operations against

Examined by the Prisoner.

Q. Did you remember a small open space 200 or 300 yards from the head of the Kurwuttee. or Gooroo Ghaut? A. No, not particularly; there were open spaces here and there, and naturally open. I do not recollect the one particularly the prisoner alludes to.

Q. I mean the one partly cleared by Lieut. Graham? A. I recollect that spot perfectly; but I consider that it was nearly 600 or 700 yards from the ghauts, instead of 300.

Q. With the enemy still in force, and strongly stockaded in those ghauts, do you think our troops, and especially our sentries, could be sufficiently protected, had I moved the camp there? A. No, I do not. Nor do I see the slightest advantage of a post in such a position.

Q. Do you know of any egress from the ghauts referred to leading to the Deccan, excepting through the left post, above referred to? A. I do not myself know of them, but I have heard of a hundred paths by which natives could get up singly, but I could only discern the one path.

Q. If the camp had been removed to the open space alluded to, would not many more sentries have been required to protect that camp, and how many of them do you think would have escaped either being killed or wounded by the morning? A. Many more sentries would undoubtedly have been required-they would have been so constantly exposed both by day and night. I cannot possibly say how many would have been killed or not; in fact, I should never have thought of establishing a post there without seizing the passes both right and left in their full extent.

Q. Do you think that attempting to force those ghauts, at a vast sacrifice of life, would have been advisable or necessary after Sewapoor had been taken, which opened the valleys to our troops? A. I scarcely think it would have been advisable, inasmuch as the positions of the enemy were turned, and were subsequently evacuated by the enemy, and taken possession of without any loss, I believe. I never held any position to judge of the necessity of forcing them.

Cross-examined by the Prosecutor.

Q. Then you admit that if the passes had been occupied it would have been a good position? A. If they had been occupied, you might have pitched where you liked above the passes. Re-examined by the Prisoner.

Q. As a mere encamping-ground, would you have kept your troops below, in preference to your post above? A. Certainly

not.

At a Court-Martial holden at Belgaum on the 28th of April, instead of the 24th of the said month, the prosecutor being prevented from attending on the former day in consequence of a serious injury sustained,

The Court-Martial assembles this day at the prosecutor's residence.

A certificate from the staff-surgeon, Belgaum, stating the inability of the prosecutor to attend on the former day appointed, is produced and read in Court.

The prisoner requests that a correspondence, which he now submits to the Court, may be read and appended to the proceedings.

The Court is closed to consider whether or not the prisoner shall be permitted to submit a correspondence to be appended to

BOMBAY.

its proceedings, a part of which is prior, and a part subsequent to, the periods referred to in the charge.

The Court having considered these documents, is of opinion that the correspondence should not be received and appended; but is of opinion that the prisoner should be told that the proper course for him to pursue is, to make selections from the corre spondence, and embody those selections in his written defence, The Court is opened, and the above decision is read. The prisoner now requests permission to read his written de fence, which is granted.

The prisoner reads his written defence, which is appended (B), The prisoner now requests that four letters may be appended to his written defence; which request, with the acquiescence of the prosecutor, is granted by the Court.

No. 1. A letter from Mr. Courtney, the political superintend ent of Sawunt Warree, dated 19th December, 1844, is produced in Court, read, and appended. (No. 1 in the Appendix to the Defence.)

No. 2. A letter from Lieut. col. Carruthers, of the same date, to Mr. Courtney, is produced in Court, read, and appended. (No. 2 in the Appendix to the Defence.)

No. 3. A report from the prisoner to the assistant adjutantgeneral, S. D. army, dated 23rd December, 1814, is produced in Court, read, and appended. (No. 3 in the Appendix to the Defence.)

No. 4. A report from Lieut. Graham to the major of brigade, 1st brigade, dated 22nd December, 1844, and enclosed in the above report of the prisoner, is produeed in Court, read, and appended. (No. 4 in the Appendix to the Defence.)

The defence is here closed.

The prosecutor requests till the day after to-morrow to prepare his reply. The request is granted by the Court.

It is now 25 minutes past 1 o'clock P. a., and the Court is adjourned until 11 o'clock in the forenoon of Wednesday, the 30th instant.

FOURTEENTH DAY.

The prisoner here requests permission to submit to the Court three documents, which he hopes the Court will permit him to append to his defence, as by an oversight he did not bring them forward before his defence was closed.

The Court grants permission to the prisoner to read the docu

ments.

No. 1. An authenticated copy of a report from the prisoner to the assistant adjutant-general S. D. army, No. 54, dated 1st January, 1845, Camp Sasseedroog.

No. 2. An authenticated copy of a letter from the assistant. adjutant-general's office, dated 2nd January, 1845.

No. 3. An authenticated copy of a letter in reply to the former, No. 57, dated 4th January, 1845, Camp near Sasseedroog, from the prisoner to the assistant adjutant-general S. D. army.

The Court, with the acquiescence of the prosecutor, is of opinion that these documents may be appended. They are appended accordingly, and are Nos. 5, 6, and 7 in the Appendix to the Defence.

The prosecutor now produces his written reply, which is read in Court, and appended. (C. in the Appendix.)

The prosecutor now reads three letters adverted to in his reply.

They are appended to the reply, and are Nos. 1, 2, and 3 in the Appendix to the Reply.

The trial is now finished. The parties withdraw, and the Court is adjourned.

It is now half-past 12 o'clock, and the Court is adjourned to the Court-Martial Room until to-morrow, at 11 o'clock in the forenoon.

APPENDIX.

(A.) OPENING ADDRESS OF THE PROSECUTOR.

It is with feelings of much regret that I have to appear before you as the prosecutor of an officer of such rank and long standing as Lieutenant colonel Wallace; more particularly it is painful to me that I should become so after the terms of intimacy and friendship that had so long existed between us; but the offence imputed against him is of such a nature that, however reluctant I might have been under any other circumstances, I have been compelled to bring Lieut. col. Wallace to trial, not only in vindication of my own authority, but as a duty that I owe to the army to which I have the honour to belong, for the maintenance of that first essential principle upon which its discipline and efficiency are established.

The charge of which Lieut. col. Wallace stands accused is of a very serious character; disobedience of orders is the most

grave offence any military man can be guilty of. I had been induced to place great reliance upon the implicit obedience of Lient. col. Wallace. On the 10th January, in a letter to my assistant adjutant-general, he delivered the following sentences: "The major-general may rest assured that I am anxious to inform him of my proceedings, to enable him to judge of the probable time to direct the simultaneous movement of the other brigades in co-operation with mine, for without such co-operation no military operations could be carried on to a successful result, particularly in a country like the one in which the several brigades under the major-general are now employed." In the same letter he said: I will inform the major-general two or three days previously, to enable him to make a combined movement of all the troops at any particular time." In a letter of the 13th January, to the assistant adjutant-general, he expressed himself as follows: "I shall be prepared to move down into the Concan with those means, or such as may be placed at my disposal, whenever ordered to do so by the major-general." In another letter, dated the next day, 14th January, he addressed the assistant adjutant-general in the following words: "I now, therefore, only await the major-general's orders to descend into the Concan with such portion of my infantry and artillery as I may consider sufficient for offensive operations against Sewapoor."

Gentlemen,-After such assurances on the part of Lieut. col. Wallace, could I have anticipated that he would have disobeyed the orders communicated to him only a few days subsequently, in a letter from the assistant adjutant-general, dated the 16th January, desiring him not to move upon Sewapoor until the appointed day, the 20th January, arrived, for the simultaneous movement?

It would seem that Lieut. col. Wallace imagined that the troops under his command comprised the only force in the field, and acting independently! If such a latitude were allowed to be exercised by any subordinate, how could any commander safely conduct any military operations?

Lieut. col. Wallace himself avowed, in the letter of the 10th January already quoted, that without co-operation no military ›operation could be carried on to a successful result. It would be superfluous for me to explain to officers of your experience, gentlemen, that a country in which military operations are being carried on, and where portions of the force engaged are necessarily distributed about, simultaneous movement and the completest combined operation of the various officers in command are absolutely of the utmost importance in order to attain a successful result-that Lieut. col. Wallace lost sight of the principle he had himself advocated, that he committed a gross breach of military discipline in having disobeyed my orders, and that he frustrated my plan of operations by a premature, uncalledfor, and most injudicious attack on Sewapoor, on the 17th January, in direct violation of the instructions he had received, desiring him to abstain from any attack until the time arrived to do so, on the 20th January, simultaneously with the cooperating troops. I shall now proceed to prove.

(Signed) P. DELAMOTTE, Major-General, commanding S. D. A. April 7, 1945, H. Q. S. D. A. Belgaum.

No. 1.

Assist. Adjutant-General's Office. S. D. A.

Camp Hunmunt Ghaut, 16th January, 1845. Sir, I have the honour to acknowledge your letter (No. 2) of the 13th instant, and am directed by the major general com. manding, to acquaint you that he he is still sceptical as to your being able to co-operate with him, in a satisfactory manner, from the point on your right front now under discussion; but the majorgeneral, from the confidential manner in which you have supported your assurance of success, is willing to give you full credit; but he considers you to have taken on yourself a serious responsibility by diverging from the original object in view, that of occupying the head of the ghaut on Sasseedroog.

The major-general is at a loss to conjecture the object of the daily cannonading and throwing shells into the Concan at excessive long ranges, the practice of which must prove most unsatisfactory; independent of which, it has been brought to the major-general's notice the danger of not attending to the suggestions of the artillery officers, by your ordering charges for the mortars far beyond what is safe or consistent with mortar practice; the proof charge of a 5-inch mortar is 7 oz., and as 9 oz. have been used, great danger is incurred of cracking or bursting the mortars, as well as the destruction to the beds, which he desires may be discontinued, and left to the scientific control of the artillery officers.

Since commencing this letter, yours of the 14th (No. 3) has been received and submitted, and which has given the majorgeneral more confidence with reference to your descent down the

scarp of rock to the ridge below, to admit of your co-operating with the troops which will advance into Sewapoor on the 20th inst.; and, in the mean time, it is the major-general's wish that you will abstain as much as possible from any offensive operations or attack until the time arrives to do so simultaneously, as soon as you are certain the co-operating troops enter Sewapoor, which must be visible from your position, and which will occupy some time to reach on that day, from the nature of the country through which they must advance.

In conclusion, I am directed to observe that you should take down to the Concan such ordnance as may be found practicable. I have, &c.

(Signed) P. DONNELLY, Capt. A. A. Gen. S. D.A. To Lieut. col. Wallace, comg. 1st brig.

(Signed)

(True copy.)

P. DONNELLY, Capt. A. A. Gen. S. D.A.
No. 2.

To the Assistant Adjutant-General, Southern Division of the
Bombay Army.

Sir,- With reference to my letters dated 9th (No.), 10th (No. 1), and 13th (No. 2), of Jan. respectively, reporting the operations carried on by the brigade under my command, I have now the honour to state, for the information of the majorgeneral, that all my anticipations detailed in those communications have been fully realized by the attack, capture, and occupation of Sewapoor this forenoon with only five casualties, whilst the loss sustained by the enemy must have been severe, as some of them came in such close contact with the attacking troops as to be bayoneted.

Having accomplished the descent by a portion of my troops of the scarp rock reported in my letter (No.) of the 9th inst., which, upon measurement, proved to be 110 feet of perpendicular fall, instead of 90, as before stated upon conjecture, I directed Capt. Bayley, commanding at the right front post, to reconnoitre in the direction of Sewapoor, and take with him such troops as he might consider necessary. Capt. Bayley's report, received late last evening, I have the honour to forward. In consequence of Capt. Bayley's report, and having strong reasons to believe that the delay of even one day would prove pregnant with mischief to our advance and attack of Sewapoor, of which the enemy evinced determination by their closing upon my advanced post, and firing constantly upon my troops, I determined to move forward in force and take Sewapoor and the villages in its vicinity; accordingly, orders were issued for the assembly of all the troops that could be made available for the service, without compromising the safety of my other positions, by an early hour this morning, as per margin,* under command of Major Clemens, of the 20th Madras N.I., to whom I gave detailed instructions for his guidance; and I have now the gratifying duty to state, for the information of the major-general, that the result of the attack made against Sewapoor under my instructions has been beyond my most sanguine expectations, for only five casualties have occurred, whilst the enemy have been driven out of Sewapoor, and the two other villages in its vicinity, with loss. I beg also to state that, by the blessing of Providence, not a single casualty, nor even the most trivial accident, has occurred to either troops or followers during the nine days' operations carried on for the passage of the troops down most a stupendous scarp rock into the valley of Sewapoor,— a passage evidently not anticipated by the enemy as possible, and consequently took them completely by surprise, but which was successfully accomplished under their observation by 600 British infantry, a feat so glorious, as to afford a proud cause of triumph to the troops engaged, for it has never been surpassed by the troops of any country, ancient or modern; the moral effects of which, independent of its military results, must prove such as to convince the enemy that not even their stupendous

Artillery:-Three 53-inch mortars, with I serjeant, 1 bombardier, and 12 gunners, under Lieut. Jones, Madras artillery.

H. M.'s 22nd Regiment:-Grenadier company and 70 non-commissioned rank and file of battalion companies, under command of Lieut. Carew, with Lieut. Goddard.

2nd Bombay E.L.I.:-60 non-commissioned rank and file, under Capt. Gillanders, with Lieuts. avile and Thompson, and Ensigns Hassard and Frankland, and Assist.surg. McKenzie.

Bombay Sappers and Miners:-1 native officer and 30 non-commissioned rank and file, under Lieut. Graham, field engineer, with Lieut. Brassey, 2nd Bom、 bay E.L.I.

16th Regiment M.N.I. (Rifles) -1 jemadar and 35 rank and file, under Lieut. Mardall, 16th regt. M.N.I.

20th Regiment M.N.I.:-3 subadars, 3 jemadars, and 400 non-commissioned rank and file, under Capt. Bayley, with Lieuts. Snow, White, Coleridge, Loudon, and Drury, and Ensign Robson, and Assist, surg. Scales.

A party of H.M.'s 22nd regt. under Ensign Stack, and one of the 2nd Bombay Europ. L.I. under Lieut. Tyacke, and two companies of the 20th regt. Madras N.I. under Ensigns Cornwall and Wallace, with a proportion of Madras artillery under Lieut. Grubbe,-the whole, under Major White, commanding the flank battalion, were held in reserve, ready to move forward, if necessary.