COOKE, Capt. T. W. 1st N.V. Batt. ret. to duty on Sept. 3. COOKSON, Cornet J. G. 8th L. C. to be lieut. in succ. to Robertson, retired fr. June 21, 1845. DALLAS, Lieut. A. R. to join his regt. DANIELL, Ens. E. S. (at his own request) fr. 48th N.I. to 1st Fus.. to rank next below Ens. Brown, to join Oct. 6. DUNLOP, Lieut. G. W. N. D. 4th N.I. to be capt. fr. Sept. 24, v. Johnston, dec. DUNBAR, Ens. E. posted to 30th N.I. to join under orders of adj. gen. of the army, Oct. 2. DUNMURE, Capt. G. 8th L.C. to be major, v. Robertson retired fr. June 21, 1845. FORLONG, Ens. J. G. R. 1st N.I. to be lieut. v. Strachey, resigned fr. June 20, 1845. FOWLER, Lieut. J. Sth L. C. to be capt. in succ. to Robertson, retired fr. June 21. FAUNCE, Capt. R. N. 2nd N.I. to act as dep. judge adv. gen. III. district, dur. abs. of Capt. McClellan on m.c. Sept. 22. GILBERTSON, Lieut. C. F. 43rd N.I. removed fr. doing duty with 52nd N.I. to join his own corps, Oct. 4. GREENWAY, Ens. T. posted to 50th N.I. Oct. 1. GLOVER, Capt. P. D. 12th N.I. to be major fr. Sept. 22, in succ. to Coffin, prom. GRANT, 2nd Lieut. E. L. 1st fus. to. be 1st lieut. fr. Sept. 1, v. Butler, inv. HART, Lieut. H. D. 39th N.I. to be qr.mr. and interp. Oct. 10. HUTTON, EDS. W. C. posted to 29th N.I. Oct. 1; fr. 29th to 13th N.I. Oct. 2. JOHNSTONE, Ens. G. N. posted to Ist N.I. to proc. to join, Oct. 2. JENKINS, Ens. A. fr. 21st to 4th N.I.; fr. 4th to 2nd N.I. Oct. 2. LANG, Capt. J. L. fr. art. vet. comp. to 2nd N. V. batt. LASCELLES, Brev. capt. 4th L.C. to take ch. of inv. to England per ship John Line, Oct. 2. LEWIN, Cornet, M. W. 5th L.C. to do duty with 3rd L.C. until Jan. 31, to proc. to join with details of H. M.'s regts. proc. fr. Poonamallee to Bangalore, Sept. 29. MACPHERSON, Capt. S. C. 8th N.I. to be agent for sup. of Meriah NIXON, Lieut. J. fr. 2nd to 1st N.V.B. Sept. 27. PEILE, Éns. S. W. 49th N.I. to be lieut. v. Dury resigned fr. READ, Ens. A. P. 12th N.I. to be Lieut. from Sept. 22, in succ. to SANDYS, Lieut. col. G. 3rd L.C. to Com. Jaulnah, Oct 7. SILVER, Lieut. A. C. 4th N.I. to be adj. Sept. 26. TINEMAN, Ens. G. J. S. 4th N.I. to be lieut. fr. Sept. 4, v. Johnston, dec. TUDOR, Ens. W. O. posted to 31st N.I. Oct. 1. TULLOCH, Lieut. B. W. 52nd N.I. to be capt. v. Scott, invalided fr. Sept. 19, 1845. TWEEDIE, Lieut. W. J. 35th N.I. to be adjt. Oct. 7. YOUNG, Ens. C. W. S. 52nd N.I. to be lieut. in succ. to Scott, invalided fr. Sept. 19, 1845. BAYLEY, Capt. J. W. 20th N.I. fr. Sept. 1 to March 1, 1846, to Madras, Neilgherries, &c. on P.A. BEACHCROFT, Capt. M. leave dated July 19, cancelled; permitted to proceed to Mysore div. and S. Mahratta country with leave fr. Nov. 15 to March 15, 1846. BUCKLE, Capt. E. Eng. to Masulipatum on P.A, for 2 mo. COTTON, Lieut. G. E. 50th N.I. to Europe, on m. c. Sept. 5. CUST, Lieut. W. P. 7th L.C. fr. Sept. 6 to May 31, 1846, Madras and E. coast, on m. c. DOVETON, Brig. F. L. 1 mo. to pres. fr. Oct. 6. GUSTARD, Capt. H. F. 2 mo. to Madras. HALL, Capt. R. 49th N.I. to Dec. 11, in ext. on m. c. Oct. 2. HOOPER. Ens. W. R. 34th L.I. in ext. until Nov. 30, to rem, at Courtallum. JOYCE, Lieut. A. 36th N.I. fr. Sept. 19, to pres. prep. to appl. for for leave to Eur. on m. c. LAWFORD, Capt. E. engs. leave canc. Oct. 2. LASCELLES, Brev. capt. F. G. J. 4th L.C. to Eur. on m. c. Sept. 30. LITCHFIELD, Maj. W. E. 6th L.C. fr. Oct. 15, 1845, to Jan. 15, 1846, to pres. prep. to appl. to proc. to Eur. LOUSADA, Ens. S. C. 14th N.I. to Europe on m. c. Oct. 2. MAYNE, Cornet J. 2nd L. C. to Europe on m. c. Oct. 2. MIDDLETON, Capt. W. 17th N.I. 8 mo. to Madras and Neilgherries. NORMAN, Capt. E. 1st N. V. B. to Europe on m. c. NUTTALL, Lieut. F. G. fr. Oct. 10 to Jan. 10, 1846, Madras, to apply for leave to Europe on furl. Oct. 7. RICH, Lieut. W. C. 46th N.I. fr. Sept. 6 to Oct. 1, 1846, Neilgherries, on m. c. ROLLAND, Capt. C. W. art. fr. Oct. 25 to Feb. 25, 1846. SELBY, Lieut. O. art. to Jan. 1. in ext. Sept. 26. SILVER, Lieut. A. C. 4th N.I. leave canc. SMITH, Ens. J. J. 8th N.I. in ext. fr. Oct. 1 to 21, at Cuddapah, on m. c. TAYLOR, Brev. capt. R. 3rd L.C. fr. Nov. 25 to May 31, 1846, to Madras. WAHAB, Maj. gen. G. 7 mo. to the ceded districts, fr. Oct. 3. WAHAB, Lieut. J. H. 38th N.I. fr. Oct 2, 1845, to April 30, 1846, to W. coast, on m. c. WILDE, Lieut. A. T. 19th N.I. 10 mo. to sea, on m. c. Sept. 30. WOOD, Capt. H. W. 4th N.I. to Europe, on furl. Oct. 5. MEDICAL. APPOINTMENTS, &c. ASHLEY, Assist. surg. A. H. in med. ch. of art. at Penang to proc. CADENHEAD, Assist. surg. J. to be prin. assist. to agent for sup. of CARNEGIE, Assist. surg. H. placed at disp. of govt of Bengal, with a view to being app. to med. ch. of local corps of the Tenasserim provinces, Oct. 2. COLE, Surg. R. fr. 50th to 43rd N.I. GILL, Assist. surg. J. art. to aff. med. aid to detach, of 4th N.I. on its march to Vellore, to rejoin his batt. on completion of the above duty, Oct. 1. JALLAND, Asst. surg. W. G. perm. to enter on gen. duties of the army, Oct. 3. LLOYD, Asst. surg. W. M.D. from 16th N.I. to do duty under supg. surg. Nagpore sub. force, but to continue in med. ch. of 46th N.I. till relieved or till fur. orders, Oct. 7. LYELL, Asst. surg. S. T. pl. at disp. of C. in C. Sept. 30; posted to 1st Fus. to join Oct. 6. MACKAY, Asst. surg. G. 7th L.C. app. to take ch. of a party of young officers proc. from Madras to Secunderabad and Kamptee, under com. of Ens. Meyers, 26th N.I. Oct. 2. MACKINTOSH, Asst. surg. J. to med. ch. of art. at Penang, Sept. 25. MACKINTOSH, Asst. surg. A. M.D. to act as asst. assay master, dur. abs. of Asst. surg. Middlemas, on m.c. or till fur. orders. PACKMAN, Asst. surg. J. D. to do duty with 41st N.I. until arrival of Asst. surg. Ferrier, Oct. 7. DOMESTIC. BIRTHS. CLAUDIUS, the wife of G. at Royapooram, s. Sept. 30. GRIFFITH, the lady of Capt. Henry, 11th N.I. at Fort at Viziana- HARVEY, the lady of Capt. G. at Toomkoor, d. Sept. 25. MORLAND, the lady of Capt. H. 27th N.I. at Jaulnah, d. Sept. 26. MARRIAGES. BROWN, Josiah, to Catherine Buckley, Sept. 24. GREGORY, Henry, s. of the late Maj. H., art. to Matilda Ann, d. of Major A. M. Campbell, Sept. 15. MAROATH, Joseph A. to Catherine, d. of the late Simon Macurtoom, MONTGOMERIE, Archibald, to Eliza Ann Smith, at Vepery. DEATHS. ALLSOP, Sophia M. d. of Thos. at Egmore, Sept. 19. FORD, Lieut. R. P. H.M. 63rd, at Bellary, Sept. 24. SHIPPING. ARRIVALS. SEPT. 24. Mary Nixon, MacDonnell, Aden; Grange, Graham, Glasgow.-27. Ann Miln, Thomas, Mauritius; Favia, Bayner, Pondicherry; Samarang, Harvey, Liverpool; Sarah Crisp, Crisp, Maulmain.-29. Justina, Leshaw, London; Victoria, Foxley, Coringa.-30. Steamer Precursor, Harris, Suez.-OCT. 4. Elizabeth Ainslie, Lyster, Mauritius.-5. Paragon, Boxley, Coringa.-6. Victoria, Norris, Pondicherry; Alfred, Henning, London; Flora McDonald, Gamble, Calcutta; Agnes, Jones, Calcutta.-7. Hope, Venerosity, Coringa.-8. La Cawsin, Danguet, Pondicherry.-9. Jessie, Blacklock, Bordeaux.-10. Agnes Lee, Richard, Port Louis; Le Pilote, Fabre, Marseilles. PASSENGERS ARRIVED. Per Grange.-Captain Reid and Mr. George Waller. Per Elizabeth Ainslie.-Mrs. Lyster and servant, and 1 native doctor. Per Paragon, from Coringa.-G. Thornhill, Esq. M.C.S.-From Masulipatam, Mrs. Major Foord, 3 children, and 5 servants; Mrs. Fox, 3 children, and 2 servants; Miss Brassey and ayah, Lieut. Brassey, Bombay army, and 2 servants; Rev. H. Fox. Per Alfred, from London and Cork for Calcutta.-Mrs. Burnside, Mrs. Spens, Mrs. Henning, Mrs. Smith, Mrs. Deacon and child, Mrs. Staples, Mrs. Dalton, Mrs. Wall; Misses M. Burnside, J. Deacon, A. Garvin, M. A. Smith, L. Fisher, L. Anley, and S. Welchman; Lieut. col. H. Burnside, commanding 61st regt.; Captains Deacon, D. Herbert, and A. Toole; Lieutenants T. N. Dalton, J. F. Brickdale, J. P. Redmond, and A. W. Gordon; Ensigns E. J. Bowrys and R. Burnside; Qr. Mr. Wall; Cadets W. Fane and H. Anley; Messrs. Askew and Norfolk, merchants; children, Master W. Wall and F. Wall; servants, Mary Adam, Sally Manna, J. Thoodore, Robert King, and Joseph Stephens, 226 men, 28 women, and 32 children of H.M.'s 61st regt.; Lieut. col. A. Spens, B. N.I.; Lieut. N. A. Staples, Bengal artillery; B. H. Hodgson, Esq. B.C.S.; C. W. Kinlock, Esq. B.C.S. Per Victoria, Lieut. Dale. 40th N.I. Capt. Lewis. Per Hope-Mrs. W. Pascal, Miss Pardy, 2 native men, 1 woman, and 1 boy. Per Le Cawsin, Mons. Colouch. MADRAS. London.-28.-Ann Miln, Thomas, Calcutta.-30. James Hall, Hudson, N. Ports; steamer Precursor, Harris, Calcutta.-OCT. 2. Flavie, Baymee, Bordeaux; Minerva, Mack, Maulmain; Nestor, Macmeikan, Demerara and London; Alfred, Henning, Calcutta ; John Line, Edwards, London; Grange, Graham, Maulmain; Paragon, Boxley, Pondicherry.-8. Flora McDonald, Gamble, Calcutta ; Agnes, Jones, Mauritius; Elizabeth Ainslie, Lyster, Maulmain.steamer Hindostan, Moresby, Suez. PASSENGERS DEPARTED. Per Shamrock.-Lieut. Tampuary, T. Bruce, esq. and 9Eur. convicts. Per John Fleming from Calcutta.-Mrs. and Miss Horne, Mrs. Per Ann Miln.-228 Native Coolies for Madras and Calcutta. Per Flavia.-Madame Vullay and infant, and domestic male and female servants. Per Sarah Crisp.-Capt. Scott and lady, Lieut. Haddard, 1 Burmah lady and 2 servants, 20 deck passengers, three of Capt. Scott's servants, and two of Lieut. Hadard's servants. Per Victoria:-E. Cullen, Esq. Lieut. and adj. Dale, 40th M.N.I.; Capt. Lewis, Lieut. B. Herbert, A. Gubbin; all but the first for Pondicherry. Per Orestes, to Cape and London:-Mrs. Freese and child; A. Freese, Esq. C.S.; Capt. Wilder, Capt. McChillen, G. M. Swinton, Esq.; Lieut. Smith, H.M.'s 84th regt. and Asst. surg. Parkes, H.M.'s 84th regt. Per Ellenborough :-Lady and Miss Pollock, Miss Sim, Miss Halhead, Miss C. Halhead; Lieut. col. Graham, C. B.; Mr. and Mrs. Court and family, B. C. S.; Mr. Ryle, Lieut. Halhead; Messrs. Alexander, Merewether, Sprat, Perkins, and Johnson. Passengers: Mrs. Board and niece; Mrs. Middleton, and Mrs. Steerage Stevens, two native servants, and nine native ayahs. For Masulipatam; Miss Walkenden. Per steamer Precursor, from Suez for Madras.-Mr. Campbell, Mr. Hersey, Mr. Magrath, Dr. Packman, Mr. Balfour, Mr. Lawson, Lieut. Boulton, Mr. L. Dent, child, and European servant, Mrs. Cardoza, Miss Riddle, Mrs. Bretihaupt, Mrs. Simpson, child, and 2 native servants.-From Aden: 6 non-commissioned officers, 2 women, 7 children, 1 native officer and servant, Madras artillery. Per James Hall.-Mrs. Bomer and child, Mrs. Valley and 3 children, Mr. Valley, Mr. Fane, assistant collector, Mr. Cunliff, Dr. Edwin, Lieut. Campbell, 2 conductors, 1 serjeant and wife, and Mrs. O'Hara. Per John Line.-Captain Norman, Mrs. Norman, 2 children and 1 servant of Captain Norman, 1st N.V. battalion, Captain Lascelles, 4th regt. It. cav. 28 invalids, 3 women, 5 children, H. C. service, 9 insane patients, 2 women, and 1 sailor, Ensign Daly, 63rd regt. Per Hindostan, from Madras.-Major Hyslop, 3rd cavalry, Mrs. Col. Doveton, Miss Brassey, Mrs. Swinston and servant, Capt. Seymour, H.M. 40th, Ensign Lousoda, 14th N. I. and G. N. Tay. lor, Esq. COMMERCIAL. SECURITIES AND EXCHANGES. 5 per cent. loan of 1825-26 4 per cent. Tanjore Bonds Bank of Madras Shares Agra and U.S. Bank Shares of Rs.500, Madras 2 to 8 per cent. prem. do. do. 91 .. 2 to 24 per cent. dis. 3 Exchange. do. do. 38 per cent. prem. 250 to 260 Rs. do. at 6 months' sight at 3 do. at 30 days' sight. at 30 do. 19 to 194 Rs. 11-2 to 11-3 each. 11 to 11-1 Bank of England Notes BOMBAY, PROCEEDINGS OF THE COURT-MARTIAL ON COLONEL WALLACE. (Continued from page 659.) APPENDIX-Continued. (B). THE PRISONER'S DEFENCE. Major-General MacNeil and Members of the Court Martial:Addressing you under the humiliating circumstances of a prisoner, I hope I shall have the patient indulgence of the Court, should an occasional expression of indignation escape me, with reference to the charges and circumstances under which they have been brought against me. I had the presumption to think that even an enemy could hardly attack me on the score of obedience to orders; yet such are the uncertainties of a military life, that I suddenly find myself so attacked by a friend. The friendship, however, to which the prosecutor alludes in his opening statement, must on his part have been of a very questionable character, to admit of his overlooking my repeated explanation of the qualified nature of his orders, and the insurmountable obstacles to their execution, independently of the successful operation which rendered them no longer applicable. Of the prosecutor's assertion, that in framing these charges he has been solely acting for the good of the service, I am bound to speak with that deference and respect due to the announcement of my superior officers; yet I question whether any officer now hearing me can see what good can accrue to the service from a commander putting so gratuitously injurious a construction upon qualified orders as the prosecutor has done in this instance, thereby designating the discretion necessarily exercised on those qualified instructions "disobedience of orders." A service of nearly four-and-thirty years, much of which has been passed on active service, the staff, and the command of a regiment, could hardly fail to give me a pretty clear idea of the necessity of obedience to orders, and also a tolerable acquaintance with the difference between positive and qualified orders. It is possible enough that the prosecutor might have intended his orders to be positive, but then they were not so conveyed; and had I neglected to exercise my discretion upon them, in the face of the opinion of old officers, as well as my own, I should have been deeply responsible for the vast and unnecessary loss of life which must have resulted. Thus it would appear that in either case I was destined to appear a prisoner before this Court, only varying the charges. I trust satisfactorily to shew to the Court,-first, that the attack of Sewapoor could not possibly have been delayed longer than it was; and, secondly, that the orders referred to in the 2nd and 3rd instances of the charge were of that qualified nature which not only justified the exercise of my discretion with regard to them, but also that circumstances made it imperative I should act precisely as I have done, and, so long as I have the honour of serving my country, would, in similar circumstances, do again. I cannot too strongly impress upon the Court the necessity of keeping watchful eye upon the artful endeavours to inveigle me in the consequences of deranging the plan of surprising the rebels in Sewapoor, with which I was not acquainted, and also to make me responsible for the escape of the garrison of Manohur, although the services of part of my brigade to occupy that ridge were previously declined by Col. Carruthers. With these preliminary observations I shall proceed to analyze, seriatim, the evidence. Gen. Delamotte, 7th April. With reference to the evidence of the prosecutor on the 7th April, I need only observe, that the documents handed to the Court are precisely those required for my defence, as when they are placed beside certain others will be evident. His answer to a question from the Court would appear to insinuate that I was acquainted with the particulars of his plan and object of combined attack upon Sewapoor; but this is admitted by the prosecutor, in answer to my cross question, on the 17th April, not to have been the case. Capt. Donnelly, 7th April. The next witness, Capt. Donnelly, simply identifies documents above alluded to. Larroo Narrain, 11th April. Larroo Narrain's evidence, as to the leaders and the families in Sewapoor, on the morning of the 17th January, is not connected with the charge, since it is distinctly shewn that I had no knowledge of any plan to surprise them in Sewapoor. Capt. Adams and Gen. Delamotte, 11th April. Capt. Adams indentifies letters, and the prosecutor takes the opportunity of acquainting the Court that I neglected to answer Capt. Adams's letter of the 18th Jan. (see letter No. 6, in second day's proceedings), for six days,—an omission easily enough ac. counted for in the hurry and confusion of active field service, by the circumstance of my letter of 21st January to the Assist. Adj. general (see letter, No. 73), enclosing Maj. George's report, which was virtually an answer to that of the 18th, alluded to. Major George's evidence declares his opinion that a vast loss of life would have resulted from any attempt to force the Kurwattee ghaut, as reported by him on the 19th January (see Major George's report of operations, dated 19th January, in third day's proceedings); a fact well considered by myself before sending him the order of the 18th, which led to that report. He also considers the position held by him as the best to block up the passage from below to the Deccan; but he has omitted to state that the only egress from the dell intervening between his post and those passes led directly through it by one narrow precipitous pathway, the dell alluded to being surrounded by a high scarp, in no place accessible but by the above precipitous path, guarded as it was by his whole detachment. Lieut. Smith, 12th April. Lieut. Smith's evidence proves that the Kurwuttee ghaut was unoccupied by the enemy on the 21st January, and that part of the 1st brigade co-operated with Col. Carruthers on the 22nd at Gotia, as well as taking outpost and fatigue duties at Sewapoor; but, by some accident, he has omitted to state that a large detachment of the 1st brigade covered the movement of Col. Carruthers' left flank on his advance over the Manohur ridge on the 21st January, a fact he was well aware of,—and also overlooked the disposition of Major George's troops above on the morning of the same day, made by my orders through my brigade major, in compliance with those received by me from Col. Carruthers at 1 A. M. of that day. Major George, 14th April. Major George, in his examination by the prosecutor on the 14th April, declares that, in consequence of my orders through my brigade major, he made such disposition af his troops on the morning of the 21st January as seemed most advisable, and be tween 12 and 1 the same day took up a post indicated by the brigade major of Col. Carruthers. Capt. Jacob, 14th April. The evidence of Capt. Jacob consists chiefly of opinions upon the plan of surprising Sewapoor, with which I was never made acquainted, and therefore not affecting the charges. He states, with reference to Col. Carruthers' letter of 22nd January, from Sewapoor (see letter No. 13, in third day's proceedings), brought to me by him on his way to the Hunmunt ghaut, that I sent for my brigade major, and convinced him at once that I had acted most promptly on his letter of the 20th from Sewapoor (see Col. Carruthers' letter, dated 20th January, in third day's proceedings); that Col. Carruthers had already 600 of my brigade with him, and the chief part of the remainder was under Major George, guarding the Sasseedroog passes; also, that I should comply with the new requisition the moment I could collect a sufficient number for that purpose. Capt. Jacob also says that Col. Carruthers' troops marched about five or six miles on the 20th January. Now, as he left his camp in the morning and did not reach Sewapoor till late in the night without firing a shot, the Court may judge what chance I had of his co-operation on that date had his advance been stoutly resisted, which it inevitably would have been, but for my previous capture of Sewapoor, taking the whole line of stockades in reverse, as reported to the general by me on the 19th January (see letter No. 4, in first day's proceedings). He also admits my telling him that my anxiety to get back some of my troops from Col. Curruthers was, that I might carry out the general's orders about the Kurwuttee ghaut. Capt. Jacob, 15th April. Capt. Jacob, in continuation of his previous day's evidence, admits that part of the 1st brigade covered the left flank of Col. Carruthers' movement on the 21st January, across the Manohur ridge; and that another part, under Capt. Jones, also communicated from above through the Little Droog ghaut. Capt. Jacob's speculative opinions regarding the strength of the Kurwattee ghaut, which he had only seen towering many hundred feet above him from the valley; his ideas as to the advantage or disadvantage of the previous capture of Sewapoor, and also his ideas of my leaving all my supplies, my park, and public property, to take care of themselves, while I marched off the few men I had to a distant and scarcely accessible post, will doubtless be carefully received by the Court as in any way supporting the charges. Towards the end of Capt. Jacob's evidence, he admits that Col. Carruthers told him on the night of the 20th January, at Sewapoor, that I had applied through Major Clemons for some of my troops to be sent back, to enable me to carry out some orders of the general; also, that a contingent order of that effect had actually been given by Col. Carruthers, which was cancelled afterwards, that they might cover the advance of his troops next morning in their passage of the Manohur ridge. Now Col. Curruthers, having a heavy detachment of the 1st brigade at that moment along with him at the ridge, why did he not post it there, if it was so indispensable that a part of the 1st brigade should occupy that particular line of investment, especially as their supplies could easily be passed on from Sewapoor, whereas it required two or three days to clear the Kurwuttee ghaut, so as to admit of supplying 200 or 300 from the Susseedroog side, even if so great a number could be spared? Generally, the evidence given by this witness is mere matter of opinion, and, however calculated to influence the prosecutor, already prepared to receive injurious impressions towards me, I hope the Court will hold it as its just value, as not a very modest expression of the crude ideas of an irresponsible young officer, who, like many others, thinks himself wiser than his superiors. Lieut. Graham, 15th April. Lieut. Graham's evidence shews that a small space was cleared near the head of the ghaut for a post, about the time of the descent upon the Elephant ridge, which might have been useful to me in the event of any unforeseen difficulty at that ridge. Had such occurred, and the two passes in front of it were to be forced by my brigade, at all hazards,-it was there I intended to have placed the support of the two advanced parties holding the Kurwuttee and Gooroo passes. cember I had pushed a reconnoissance beyond that spot, for the So early as the 25th Desole purpose of moving up such part of my force,-that very evening, had there been time,-as could be supplied with water in the neighbourhood. The doubt, however, respecting a sufficient supply of water, the impenetrable nature of the jungle, and my hope of finding some entrance to the Concan, without unnecessary sacrifice of life, caused this movement to be suspended; and this having been found by the Elephant rock ridge, which turn both the Gooroo and Little Droog ghauts, it was not deemed necessary to carry out the Sasseedroog plan of the 25th December. From the way Lieut. Graham introduces the above subject, the Court might perhaps labour under a false impression, unless explained. It is easy enough for Lieut. Graham to talk lightly now of the power to stockade the ridge, and so cause great loss in our advance upon Sewapoor, but did he do so at the time? Let his own note answer. (See last letter in twelfth day's prodeedings.) Col. Carruthers, 16th April. Col. Carruthers records certain orders and letters, and gives his opinion as to whether certain orders are positive or qualified; on the latter point, fortunately, the Court having no interest at stake, they can use their knowledge of the English language with less chance of being wrong. Ramchunder, 17th April. The evidence of Ramchunder shews pretty clearly the slovenly sort of investment of the fort of Manohur, which admitted of such a mass of armed men passing through it; also, that Col. Carruthers had not yet caused the occupation of the Manohur ridge, for which purpose he had already declined part of my brigade, held at his disposal. See his letter, No. 21, of the 25th January. (See tenth day's proceedings.) This witness also proves that the garrison escaped across the ridge, not far from the battery, which was within musket-shot of Manohur; therefore, a long way from any part of the 1st brigade. Gen. Delamotte, 18th April. The prosecutor's cross-examination could hardly be expected to furnish much matter in my favour; but as it consists of opinions, and at the same time those of an interested party, they do not materially affect the merits of the case before the Court. Lieut. Graham, 18th April. BOMBAY Lieut. Graham, in his cross-examination, admits that it was myself who pointed out to him the spot to be cleared near the head of the Kurwuttee and Gooroo ghauts, which corrects the impression given by his first mention of that ground for encampThe rest in no way affects the charges. Gen. Delamotte, 18th April. ment. In answer to a question from the Court, Gen. Delamotte admits that he did not detail his plans to any of the brigadiers before the 16th of January, while he has already admitted that the details were at no time communicated to me. Evidence on defence. Thus ends the evidence on the prosecution; and, if I had no other object than simply rebutting the charges, the above evidence seems amply sufficient. However, the examination of a few evidences, and the production of a few authenticated documents, will serve to place the Court in more full possession of the merits of the case before it. Major Clemons, 18th April. Major Clemons, the first evidence on the defence, proves that, to have kept the number of troops assembled on the ridge on the 16th January, for the next day's attack upon Sewapoor, till the 20th, must have been attended with most injurious consequences. That they could not have retreated without giving confidence to the enemy (to attack them); and, by remaining so long exposed to alterations of heat and cold, without shelter, also the difficulty of supplying water, and the impossibility of the native troops cooking their food,-not forgetting the sickness likely to be produced by the already filthy condition of the ridge from nine days' previous occupation,--all rendered the advance upon Sewapoor a measure of expediency, if not necessity. It will be remembered that the witness's opinion of the power of the enemy to stockade, is formed after the place was taken; and the Court will observe that, in a close, dense jungle, there is not much difference in the front attack and the attempt to turn a stockade; both must be attended with heavy loss. The witness states that the families had left Sewapoor some time, but he can't say how long, before the attack upon it, and that no indication was perceivable of any intention on the part of the enemy to retreat on Sewapoor, or defend it. of my letter to witness of 20th January (see ninth day's proThe copy ceedings), and Capt. Jacob's answer to the last question but two on his cross-examination by the Court on the 15th April, sufficiently establish the fact of my anxiety to carry out the general's orders respecting the Kurwuttee ghaut, while the witness bears testimony to my efforts to gain these ghauts, even before the general knew of their existence. He also states that great loss would have attended forcing these ghauts; and that, while the enemy still held them, the advanced position cleared near them would have been ineligible for a camp. wili observe that the company of Europeans and company of The Court native infantry, sent by me to reinforce the witness at Gotia, are part of the troops collected by me, and held at the disposal of Col. Carruthers, on the 24th, for occupation of the Manohur ridge, and declined by him, as shewn by his letter to me, dated Sewapoor, 25th. (See tenth day's proceedings). Major Clemons, 19th April. Major Clemons, on the 19th April, proves the assembly of the : chief part of my brigade at the Elephant rock on the morning of the 16th January, and the descent upon the ridge to attack Sewapoor, of, as near as he could guess, 300; but the person who passed them down declares in his evidence about 500, which I know to be correct. He authenticates copy of my letter to him (see ninth day's proceedings), where I ask him to get, Col. Carruthers' leave to bring back a portion of my troops on the 20th January, to enable me to carry out the general's orders. He also states that he co-operated with Col. Carruthers at the head of 250 of the 1st brigade, on the morning of the 21st January, towards the Manohur ridge, and that he could have taken post there, had it been indispensible for part of the.. 1st brigade to occupy it. In the cross-examination of this witness, the prosecutor puts hypothetical questions to suit his purpose; such as, the enemy, having awaited the attack of the 17th January, in Sewapoor, were they not as likely to have. awaited the combined one on the 20th? and so on. Now, the attack of the 17th was, in reality, a surprise of those parties who, on the 20th, would have been miles away, resisting the advance through the valley by Col. Carruthers' troops. where would have been the people to surprise at Sewapoor on the 20th? In another part, the prosecutor assumes that there was but one stockade, and that near Sewapoor; therefore, that Maj. Clemons' attack on the 20th January would have equally diverted the attention of the enemy, and admitted of surprising the rebels in Sewapoor, although, on the one hand, the stockade extended for miles in a close jungle, and on the other, the . So, whole of the parties intended to be surprised in Sewapoor would have been employed defending them, and resisting the advance of the 1st brigade. That no preparation was made, or ever intended by the enemy in such a case, to retreat on Sewapoor, is already evident enough from the witness's previous testimony; so what becomes of the plan of surprising the rebels in Sewapoor by troops of the line fighting their way through miles of stockades? Corporal Hall, H. M.'s 22nd regt., 19th April. Corporal Hall proves that he passed down about 500 men and two mortars before half-past 5 P.M. of the 16th January; that the men were fired at on the ladder; that they could not be brought up again during the night, and that the enemy were not likely to allow a retreat in the daytime, unmolested. Lieut. Buckle, 19th April. Lieut. Buckle, artillery, speaks to the superior eligibility of Major George's post over the cleared space near the ghauts while still occupied by the enemy, and also points out to the Court that the only egress from the dell, intervening between the ghauts and that post, was by a precipitous footpath through it towards the Deccan; therefore, Major George's post was better adapted than any advanced one to preclude access of the enemy to the Deccan, unless both ghauts were carried at a great loss, and in our possession. Lieut. Mardall, 21st April. Lieut. Mardell states, in his evidence on the 21st April, that he considered Major George's post more eligible than the advanced one near the head of the ghauts; that to have forced those ghauts would have been attended with great loss of life, and that the descent from the Elephant rock and eventual capture of Sewapoor were both accomplished without any loss of life, only four or five wounded, respectively. He also states that, to the best of his belief, there were from 500 to 600 men on the ridge for the attack of Sewapoor on the afternoon of the 16th January; that they could not be brought up again in the night, and that a retreat up the ladder in the daytime would have emboldened the enemy to attack them. This witness also states that the enemy had commenced stockading in front of the ridge; that they had been all day on the 16th January firing upon the advanced post; that the descent of the ladder was several times disturbed by the fire of the enemy, and that 500 or 600 men could not have been kept for five days upon the ridge, being assailable on both flanks. Bapajee Bulwant, 22nd April. From the evidence of Bapajee Bulwant, of the 22nd April, the Company's salt karkoon of Ramghaut, a prisoner with Phond Sawunt, it is evident that the chiefs gave up the idea of defending the various stockades erected to resist the approach of troops towards Sewapoor, whenever they perceived that I had effected the descent of my troops upon the Elephant rock ridge. He states distinctly that, on the attack of Sewapoor, the families of the chiefs and others, as well as the chiefs themselves, retired to the fort of Manohur; and that the chiefs' families were not sent away till after forty or fifty cannon-shot had come among them from one of the batteries of the invest ment, which he describes to have been about five days after the taking of Sewapoor. This would indicate the 22nd January; so that the investment was such as admitted apparently of a free passage to any number who chose to make the attempt, without a shot being fired at them. That twenty or thirty women, as stated by this witness, continued in the forts till the evacuation on the night of the 26th, is a fact well known to the troops, who observed them very active in rolling down stones upon the troops in the attack of Munsuntosh on the 25th. Lieut. Loudon, 22nd April. Lieut. Loudon, the officer who handed me the assist. adj. general's letter of the 16th January, brought by two horsemen on the evening of that day, states that it was about 6 P.M.; that at the time there were about 500 men down on the Elephant rock ridge, for next day's attack upon Sewapoor; that he commanded next day 100 men on that ridge, keeping up the communication with the attacking party, &c., as a reserve, and that his party was fired upon on that day, after the attacking column moved forward on Sewapoor. Capt. Brockman, 22nd April. Capt. Brockman, my brigade-major, speaks to the fact of my sending for him early on the morning of the 21st, and giving him the letters of Col. Carruthers and his brigade-major of the 20th January (see 4th letter in third day's proceedings, and 5th letter in tenth day's proceedings), just received, and my ordering him to go and shew those letters to Capt. Jones and Major George, the parties concerned. He also states that there was great irregularity in the receipt of the tappals, several days' letters coming at the same time, which accounts for the irregularity in answering them, complained of by prosecutor. This witness stated that I often had occasion to give orders verbally to the parties concerned, without passing through him, as the emergency of the moment required; which accounts for their not all being entered in the order book. In the cross-examination, there is some appearance of uncertainty in this witness's recollection of the exact terms of my order to him on the morning of the 21st January, relative to the letters of Col. Carruthers and his brigade-major; but it is cleared up by the evidence of Capt. Jacob on the 14th April, where he describes the witness admitting in his presence that I had given him orders to shew hose letters to the parties concerned, viz. Major George and Capt. Jacobs, being unable myself to do so from the injury received on the 19th. Lieut. Graham, 23rd April. Lieut. Graham, on the 23rd April, authenticates documents, and states that, having completed the clearing for an encampment between Major George's post and the head of the Kurwuttee ghaut, he so reported it, and received no orders to clear the jungle in advance of it. He also explains to the Court certain parts of his letters to me. (See two letters in eleventh day's proceedings). Lieut. Graham, the field engineer, in his report of the 8th December (see 1st letter in eleventh day's proceedings), recommends the Little Droog ghaut as a preferable one for guns to the Hunmunt ghaut, and till the affair of the 31st December always spoke of it as the most eligible descent into the Konkan; but after the attempt, and the loss sustained by it (for two officers and twenty-one men were killed and wounded in less than one hour), Lieut. Graham changed his opinion; and I rather suspect that he was not sorry to find, whatever he may think or say now, that I had a few days after devised a plan that rendered the clearing of those terrific jungles, and further attempts to force those stockaded ghauts, no longer necessary. H. W. Reeves, Esq., 23rd April. Henry W. Reeves, Esq., political agent, Southern Maliratta Country, states that, on my attack of Sewapoor on the 17th January, the rebels retired into the fort of Manohur, where he thought it desirable they should be driven; that the rebels in Sawunt Warree country mustered 2,000 men, and that, if the means of gaining the forts of Manohur and Munsuntosh had been forthcoming, it would have been attended with much advantage had Sewapoor been taken at an earlier period. He also states that, after the advance made on the 16th January, a retreat would have been unfavourable. Some questions of the prosecutor, in no way connected with the charge, are answered by this witness; and also one from the Court, as to whether it would not have been more desirable to surprise the rebels in Sewapoor than drive them into the forts; but, from what I have elsewhere pointed out, the Court will observe that, on the occurrence of any general attack, there would not have been a rebel of any sort left in Sewapoor to surprise, for on the first alarm the families would have gone into the forts, and the men with their chiefs would have gone to their respective posts to defend their stockades, some of them miles off. That they would not have afterwards retreated on Sewapoor is sufficiently evident from the testimony of Major Clemons, who declares there was no appearance of any intention to defend it. Major George, 23rd April. Major George, C.B., on the 23rd April, states that he saw no advantage in the position cleared for a camp by Lieut. Graham, and that he would not think of occupying it without first possesing the ghauts in front of it, also that he can scarcely think it would have been advisable to force those ghauts when they had been already turned without loss. This witness gives it as his opinion that the passes being held by us, the camp might occupy the ground cleared by Lieut. Graham or any where else; but, of the two, he would consider the ground he actually occupied was the most eligible. Much has been said about the Elephant rock, upon which subject I beg to offer a few remarks. So early as the 22nd December, I had some hope of being able to turn the enemy's stockaded ghauts near Susseedroog, and requested Capt. Arthur, of the 20th regt. M. N.I. to take the first opportunity of reconnoitring, as far as he could, towards the right, particularly at the Elephant rock, with the view of finding some passage already in existence, or which by any means could be made available for descent into the Konkan. Capt. Arthur fixes upon the 24th as the day he intended re |