Star. — London, England, 1814-10-27 00:00:00

moruz ON COLONEL QUENTJAP, ASSEUBLED AT WHITISH A L 1., WEDNESDAY, OCTOBER 19. SIXTH DAY.-OCTODLR 26. The Court-, immediately on its opening, proceeded with the evidence in support of Colonel Quentin's defence. Private Ford was in front of the regiment when it marched up the hill of Thottiouse on the 11th of April last; Colonel Quentin was in front of the regi. ment ; he was at the head of the regiment when Captain Fitzclarence was wounded ; he was thin as fir truer t hiin as from the vvinaaw on the other side of the room ; Colonel Quentin told Captain Fitzcla. reoce to go to the surgeon. Cross-examined.—Capt. Fitzelarence was wound. ed in front of the regiment, on the left side of the road. . Privat• 3ohn'Cassel was with the regiment when it snatched up the hill of Thoulouse on the loth of April last. When Captain Fitzclarence V 135 wound ed, Colonel Quentin was at a bank on the side of the road, a little to the left ; there was a field on that side of the road above the bank; the bank was very high, and Colonel Quentin was under the bank iq a ditch ; he might be five or six ya-ds from Captain Fitzclarence, who was then close iti front of the divi sion : Colonel Quentin desired Captain Fitzelarencn to go to the rear; Captain Fitzclarence said he . did not wish to gn, as he was only slightly vzon , :deJ ; but Colonel Quentin told him a second•time to go to the rear, and accordingly went. Cross-examined.—Q. Who gave the orders to go •boot Was it Major Howard or Colonel Quentin .? c..nnOt say whether it was Major Howard or Colo. nel.Quentin.—Q. Was Colonel Quentin opposite to the head of the column ? Yes, he was opposite a little to the left, near the head of the 'di% ision. _ Serjrant John Jones was with the regiment on'the 10th cf Ap.il, when-going up the hill of Thoulouse; he covered Captain Fitzclarettee ; remun'oers Capt. Fitzcl•rcenee was wounded then ;• Colonel Quentin was iniront of t,e divisiori,-about a yard trom' him ; Colonel Quentin wrs io front, about the centre of the division, in the mid ;le of the road, at the time Cap tain Fitzclarence was wounded ; this was in _the morning, while the regiment was advancing ; lie or dered Captain. Fitzclarence to the rear. Q. Did Colonel Quentin gotr any earldom when you were re tiring ? Yes, he erJered us to walk very slow and very steady. CI oss-ifxamini.L!.—The regiment did not advance a. yard after Captain Fitzclarence was wounded ; we were not halted before Captain Fitzclarence was wounded we had not been previously stopped by the fi re o f enemy.—Q. Do you remember Lieu tenant Wyndham being sent to Lord Edviard So merset, by Major Howard, for orlers ? No, I do not remember.—Q. What interval w4s there between the halt and the turning about ? Three or four minutes. Q. In *hat position was Captain Fitzclarence when wounded ? He was in front of the division facing the enemy.—Q:'Whire was he :wounded? was it in the 'thigh ?- I' not know.—Q. Was he not facing the enemy ? I douot know.—Q. You was covering sergeant, and must Inn',; yob. ought to know better than ifirthne elsti'l was he not wounded in the right thigh ? I catoot tell . }where ; his sword 'ararcbroken iu his band , by a shot at the saint: tinieb—. Who gave the word - halt I Volonel Quentin.- Q. Wi.o ordered it to Ital Land turn Amu l• 'Colonel Quentin, who ordereci- veto ga very slow, and steadyi—Q. When you went ab3ut, how far did Yon go before you were fronted again ? Ten or twelve yards. Serjeant Cdoke was on the 1044 of April .1u front of the squadron, in going up ti.e hill Of Tboulouse Colonel Quentin was in front ; reccileets,seeing Cop t tain Fitzclarenee'cume back' after he was wounded; did not hear what Colonel Quentin said to bite, for witness was not near enough.; Q t ly Colonel Quentin was saying something to him. Cross-examined. ..1;/. Whit do you mean by com ing back wounded ? Captain Fitzelireoce was com ing back to the rear with a white-handkerchief in his mouth.—Q. How long were you halted before Cap.' tain Fitzclarence wasairounded ? I cannot say, for I did not take such exact notice of it r as I did not think I should be brought on such a piece of business as this : we halted when the infancy/ tired.—Q. Was it, for instance, thieei four, or five minutes ? I cannot say.—Q. Was it after it was halted when Captain Fitzclarence was wounded? It was after the halt when I saw Captain Fitzclarence wounded ; I did not see him wounded • he asked if any body had seen hisibrother ? I was th en close enough to see what was going forirard, but . yet I did not see him wounded. Q. Did you know he was wounded before you siw him turn back to the rear ? .No, I did not ; Colonel Quentin was ors the left. in front of the division, when the French infiinqy fired by the road side. Private Geod was with the regiment on the hill of Thoulouse on the 10th' April ; witness was in front of the division ; Catain Fitzetarence was wounded., and 'witness had at the same time his horse shot on. der him; Camel Quentin was then in the left to - the' front of the division ; Colonel Quentin was about a horse's length from Captain Fitzclarence ; witness did not hear Colonel Quentin say any thing to Cap tain Fitzclarence as his horse i•..as*then wounded. ..Cross-exemined.--Q. How long were yon halted before your horse was ihot ? We were put about at the time my horse was shot.—Q. How long were you under the fire of the enemy after being halted before, you were,put about ? About five minutes.— Q., Did yen see Captain Fitzclarence when he was wounded ? No I did not.—Q. Do you remember ciinversation (Colonel Palmer's.) when under the *I.? I eV) 11W —Q. Do you recollect Major Howard Se!idingl)g . Wyndham to Lord Edward Somer. set ? - 110.—;Q.. How long did the enemy continue tiring after you were gone about ? I do not know. General Vivian.—: remember the cavalry General Orders of tie_. 26th of February ; at the time I did not apply the Order to any particular regiment ; I supposed it,possible that it might be applied to some particular regiment, but I considered it as a General Order, and,u6 the strength of this. I gave it out to my own brigade. I.,isave known ~ Golonel Quentin as an ()Meer for sixteen years, sisaanle I believe, and have been in quarters with bidAttlinn be vas on command,,rati on serAice with him. I mama ser vice with hien in Sir John Moore's espoditieswentl also with, the Duke of WelVoigton; . I bars uf, bee , since the return of Sir John Moore'. Malls „had but opportunity of seeing Colonel Qaeatis at dot had of his regiment as as tamer; but Fiat iss that: t Was in quarters enth lit rd in EngtatiA;Nincl on the ham brigade with him on service, and I always hAve• had the highest possible opinion of him. as an Officer. Colonel Palmer said, when he considered that the evidence which had been given yesterday and to-day, as to Colonel Qoentin's character was extremely ex aggerated, in so much as it went to put Colonel Quentin before every other Officer, be could not in justice to himself acquiesce any longer in what had yesterday been laid down by the Judge Advocate, that evidence as to character could not be the subject of cross-examination. The Juno Anvocant said the proper way would he for Colonel Palma to put his questions in writing, and then the Court would judge whether they were such as ought to be put to the witness ; Colonel Pal trier had mistaken what had fallen• from him yester day. He had stated then, he believed, that when a witness was examined as to.character, it Was not al lowable to ask him, for instance, how the person who wits under prosecution had behaved on a different occasion horn any of those the subject of charge against him, as this was rift before the Court, and the defendant was not supposed to be prepared to go into it. It rules of evidence were adhered to in civil law courts in actions for trifling sums, how much more ought they to beadhered to where a man's life, fortune, and character were at stake! The shortest way would be to ptit the 9uestion in Avriting. Colonel Palmer said no man could be more satis fied with the conduct of .the JUdge Advocate than hr was, yet he must make a stand on this point. if Colonel Quentin's character was so_ great as had been stated, he must claim the rigot pf examining the wit. nesses more pattieularly as to the means which they bad for forming their opinion. Cross examination.—Q. VAR was the duration of the campaign under Sir J. Moore ? We landed at eortinn3 on the 23th of November and we embarked again Oil the 14th,or.15th of January ; 1 speak of my own regiment particularly. Q. Could you state the particular instances which you had of his con duct to en able you to form a judgement of Colonel Quentin', character ? The Junoz ADVOCATE said, that this was a ques tion on which he wished to take the decision of the Court. The Court was then cleared and the doors were closed for about half an hour. On our re-admission the June ADVOCATE stated, that the decision of the Court was this, that the ques tion, as worded, was one which might be properly put, and the ground of the decision was this, that a witness as to character gave an opinion, and . it was open to the other side to ask what means he had of forming that opinion. But the Court were further of opinion, that when the question was once asked, it was not to be allowed to the cross-examiner to inves tigate those instances which were stated, as the Court had no power to decide on them, as the Officer was .not on his teal respecting the:* and consequently was not bound to answer them, and as the character of other Officers might be involved. The Court had further taken into their consideration a statement made by Lord Uxbridge yesterday, at the close of Elie examination, with respect to the conduct of Co lonel Quentin, and were of opinion that that state ment was affected by the rule above laid down, and that it ought accordingly to be expunged from the proceedings. General Vivian then proceeded to. answer the 'clues. tion. I was in quarters with Colonel (then Major) Quentin, nearly a year, at Ipswich, and during that period Lieutenant-Colonel Lee was very little with the regiment. I had then constant and daily oppor tunities of forming my opinion of tins as an Officer. Q. At Ipswich was not the orders of Colonel Lee acted on ? I only SAW Colonel Quentin ; I cannot say as to the interior management of the regiment. L' , rd Edward Somerset.— Q. Do you remember instances of the loth Hussars coming occasionally later to the ground on marching days than other re giments ? Yes, I do. Q. Did this occur in other regiments as well as the 10th ? Sometimes, bat not so frequently as with the 10th. Q.. Did it occur three times a-week with the 10th, when the army was maiOing ? Certainly not so frequently as that. Q. Were the regiments frequently very much separated, and the roads "bad ? Yes, they were. Q, Do you remember of a Court Martial on Scrjean; Hyde being delayed, on account of the warrant not arriving ? In the first instance the Court Martial was delayed for want of the warrant for holding the General Court Martial, afterwards the Court Martial was interrupted by the movements of the army. Cross-examined.—Q. Had you any opportunities of noticing Colonel Quentin's conduct before the ene my, during any of this periods of the charges ? Dur ing the advance, on the 28th of February, I observed him at the head of iris regiment. When I delivered him the order he was at the head; whether he conti nued there, it is impossible for me to say.—Q. Is it not the invariable custom in Generals returning thanks to brigades or regiments to include the Coln nel or other Commanding Officer in the thanks ? A. Yes, it is usual, unless any part of the regiment is detached. When the regiment acts in a body, it is usuaL—Q. Were you aware, in returning thanks to Colonel Quentin and the regiment, on the 28th of , February, that Colonel Quentin had in any way mis conducted himself ? A. Undoubtedly not.—Q. Did you, after the receipt of the Adjutant-General's or der of the 30th March, issue an order to Colonel Quentin to take no steps•regarding the discipline of the regiment without your orders ? After the receipt of the Adjutant-General's orders, I directed Oilonel Quentin to report every instance of misconduct in the regiment to me, beifire proceeding farther, that I might decide on its—Q. Do you remember any in stance of complaints being made by Mr. Morrison, surgeon of the regiment ? I heard that a complaint came from Mr. Morrison that Colonel Quentin did not suppmi him in the hospital as he ought to have done. —Q. Did you not receive a letter from Mr. Morri son to that effect? A. I did.—Q. Did Mr. Morri son send a report, through you, to head-quarters, re specting the state of sickness in the regiment ? Mr. Morrison did not send the report to me, but direct to. the Inspector-General. Immediately on . its coming to my knowledge, I spoke to Colonel Quentin, and' sent for Mr. Morrison so head-quarters to meet Colo. nel Quentin.—Q. Did you conceive it my duty at that time to speak to you on the subject of Mr. Mor titan's report ? Not when Colonel Quentin was pre tent commanding the regimeau. Mr. Mattison never stated to me that he Ltd Made any such rc.rod i it came to my knowledge immediately alter that Use •epbrt implicated Colonel Quentin ; I then shit for . Colonel Quentin ; Colonel Quentin was pet-W.4ly R. nnrant of any such report. I did not conceive item. lonel Palmer's duty to speak to me when Cololtel Quentin was present. Colonel Quentin was absent for four or five days, I believe..—Q. Was he absent when Mr. Mot:filen made the report ! To the best of n'it knowledge, Mr. Morrison was called on to make a report, to account for the sickness of his re. giment, and he made the report during the absence of Colonel Quentin. I think Mr. Morrison told me he had been called on to make the report.—Q. Did your Lordship desire me. Morrison to bring the re port to you when inade`ont ? I did nor. I under stood the report was to hi differently made out from what k is. It is not mail:tory a° give in reports through -Commanding Officers of Regiments or ot Brigades, and therefore the report was not sent by me.--Q. Did your Lordship conceive any impro priety attached to my conduct in not making the re port known to you ? All occurrences, during the, absence of Commanding Officers, ought to be made known by the officer next in command—it ought to have been made known to me.---Q. Were you not in habits of daily communication with me—do you re, member my speaking to you on the subject ? I ie.: member a conversation in which Colonel Palmer ac counted to me for not having sent it to me, after Co, lonel Quentin had complained of it. To the best a my recollection, he said he had not stated the report to me, as he did not with to interfere with the cegi , meat during Colonel Quentin's absence, • and' he ex pected Colonel Quentin in a few days.—Q. Could I have prevented that report from being made ? Cer tainly not—the Surgeon was independent of the Com manding Officer.—Q. What were your Lordship's reasons for giving Colonel Quentin orders to trans mit an :account of all irregularities in the regiment to you ?—I had two reasons: first, that no irregularities might remain unpunished ; and, secondly, that high offences might be brought before a higher power than a regimental Court Martial.—Q. Did you give the instructions to the Commanding Officer of any othgr regiment ? No.—Q. Why not ? The letter of the Adjutant-General was sufficient explanation of 'that. I considered the state of discipline of the 10th was such that no disorders should pass unnoticed.—Q. What steps were taken by you in consequence of the complaint of Mr. Morrison ? I communicated the complaint to Colonel Quentin, who explained it at the time, I presume, to my satisfaction. Mr. Morri son was removed from the regiment immediately after.—Q. Why was he removed ? He was appoin ted to a staff situation.—Q. WAS not that a promo tion ? It was only a temporary appointment; but of course it was a higher' situation than Regigeittal Surgeon. Re-examination.—Q. Was it not the day of Coal lonel Palmer to have reported Mr.. Morrison's list port to Colonel Quentin en his return.?,lt is the duty • of the o ffi cer next in command to report all occur rences to his Commanding Officer on his return-- Q. Can you recollect how long it was after 'his re torn before you mentioned it to him ? I cannot be positive, three or four days, not longer.—Q. Dia you, on the day of the '2Bth, give any order to Colo nel Quentin as to the diStance to be kept by the sup porting division ? I gave orders more tban . once that te.ain is aivi-dthi swum eau. oe too near to ink skirmishers as the shots might. come over their heads. ,Q. What orders did you give to Colonel Quentin at the battle of Thoulouse ? Almost immediately after having halted the leading squadron, on the high rcad vp the hill, I received orders from Lord Comber. mere to leave one squadron of the 10th on that road, and to move with the remainder of the regiment more to the left to support the attack of the 4th division ; that order I communicated immediately to Colonel Quentin.—Q. Did these squadrons remain separated trout the rest the remainder of the day ? Yes; the whale of the day. Crostexamination.—Q. Did your Lordship com municate the order to Colonel Qaentin before Lieu tenant Wyndham came for orders or after ? 'To the best of my recollection before. CtllODei PALM £ll wished to know if he might be al. lowed to give some explanation respecting the Report of Mr. Morrison. The JUDGE ADVOCATZ said this was iproper time for explanation. Colonel PA 1.11 Is said lie did not know of the Re port at the time k-was sent—he knew after that Mr. Morrson had made a Report, but he did not wish to interfere in the matter as he could not prevent it. Examination by the Court.—Q. Was it after the enemy's infantry had commenced firinggn the 10th hussars, that you directed part of the reoinent to pro ceed - to another point ? Yes, at ter.—Q. And did Colonel Quentin proceed with that part of the regi ment so detached ? I did not see Colonel Quentiu immediately afterwards ; but the impression on my mind is, that Lord Combermere had put. the squa dron in motion before he spoke to me ; and Lgallop ped up to that squadron, which was moving at a very ' quick pace : and I did not see Colonel Quentin.— Q. Colonel Quentin did not move at the head of the three sqoadrons ; I want to know what became of him ? He was not at the head of the squadron ; I did not see him, but joined the other squadrons imme dixtely afterwards. Sir Stapleton Cotton sent orders that the leading squadron should go forward; but that the others should go under cover—Colonel Quen tin went with that squadron; I understood he was there ; I could not see it myself.—Q. Did you con sider that the officers of the 10th gave due support to Colonel Quentin, while under your command ? The officers seemed generally attentive to their duty ; but when a system is relaxed, it of course extends to all parts of the regiment. His Lordship being asked to what he attributed the relaxed state of the discipline of the 10th hussars, said that he attributed it to the want of a proper system. and of activity on the part of the Commanding Offi cer of the regiment. The regiment, in its march through France, as far as Boulogne, was very r...gu lar and correct in its conduct, and it arrived at Bou logne in very good order.—Q. Was the regiment, during this time, _continually under the eye of the Com:minding Officer ? The whole brigade marched in division, bit were frequently scattered in canton ments: generally speaking, the regiment was more under the eye or the Commanding Officer than in any former operations...Q. Does your Lordship et. tribute the amelioration in the conduct of the men in tour starch thro.:,7: Fs ADC e to the tegimeet barring , • _I been mot under the eye of the Ccgam tn:line Oificer? Ceritinly the immediate superintendance of the Com• *leading ()Meer will always do mech. and I attit bute much to the increased activity of the Com- Mender of the regiment. sine= the helot of the gOth of March.—Q. • Didiou inspect the regiment during its march, through FTAUCS ?—.1 . 1134 frewient oppor.. tunnies of inspect i ng it s having marched at the head of the brigade, without hiving a special parade for thee. letrpow.—Q. Did Lord Combermete ever in. • Oet the regieheist i 4..erci Coml,ertnere must have often inspected the regiment, though he could not call to mind any particular order for inspection. Serjeant NVella stated that he recollected the Court Martial on a man of the tame of Abbott. for drun kenness on the'march to Ronc••sv Ales.. He wis net I.punished he fl eg ging, that p irt of his sentence having been retnitted ; ' he ava) punished by being drill..d. iie Understood thq r‘ason was he was unwell; the nr.oi went feemiliedsill to the hospital. He remembered the man who.3nae,complained of far being drunk aa his post by Brigade -11.0 r Jones; the man vas con- SAO ; winless carried a Message fvim . Colonel Quer• tin to Brigade Major Jones, to desire that the Maj ;r• Would not-suffer his people to give the sentinels wane; i. 'the Major asked witness what was the character of the mug? witness said he was a very goad man; the Major then begged he would go to Colonel. i eotin to request the min might not be punished. On the 10th of ARril witness was Acting Adjutant t when the three imiadrons were detached to the lefv, Colonel Quentin svesu at their head ; witness wai with him ; the leading squadron (Captain Lloyirs) Came to some low ground, or a hollow road, where tieing exposed to some round shot they dismotinted to be out of the range. The late Captain Gordon was with the two other squadrons some distance behind; witness saw him fall and rode up to him, and took him into a house: when he returned he found Colonel Quentin still, with. Captain Lloyd's squadron dis. mounted, or grazing his horse. Being cross-examined, witness said that he did tint positively know the - reason why Abbott was not pu• nished. .Captain Gordon spoke to Colonel Q I , :ntin for him ; witness heard the coeversatiod ; Abb ott re , • onai.ied in the hospital till he died. The proceedings on the Conrt-Martlal cni Abbott were read—the sentence was 500 lashes. Serjeant-Major Eyre recollected the trial of Al bait; the sentence was remitted. on account of ill. health ;. he was tried in August 1813 j it was on the (.18th of April 1814, that he wasoaken to the French hospital, but in ilie . Meen time lig had been in the re ,gimental hospital ; he died. the 2:33 of May last ;lie . Was walked at the drill till he could walk no longer. CaPiain Gordon expressed a wish in witness's hearing. that lie should net be punished, since he had been a • good &olclier and had done his duty well. Abbott's complaint wits an asthma or some complaint of that k:nd, which wa; aggravated by any rust. Serjeant-Major Boswell stated, that aboet the latter end of March last he was - present when Colonel Pal merpwaa searching a troop which had been quatteted in a house on account of the report of its having been Clundered. While Colonel Palmer was searching, olonel Quentin came up and inquired of witness what was going forward? Witness told him that they were searching the men, and that a fowl and a shirt ' had been found or. a man of the name of Mills. Co tonel Qoentin gave directions to him to search for ;eVidence to carry on the prosecution against the man: He accordingly inquired. found the person who bad lost the articles, and Mills was brought to trial and punished. 'l'wo men of the name of Gillet and nil- . ler were tried 'on suspicion of theft, convicted and punished about•the same time. Colonel Palmer stated in explanation, that on the occasion in question, when Colonel Quentin came up to the spot where lie was searching the men, instead of expressing himself satisfied with his exertions, he had looked very quietly on. He had then expressed to Colonel Quentin, in strong terms, the necessity of personal exertions, and the imp,ssibility of carrying on the duty if the officers were ;rot supported. Serjeant Major Cierk remembered that twoonen of Captain Harding's troop were charged with having killed a sheep : they were not brought to trial ;--he was present at Captain Harding's when the men were examined ; Captain Harding said he believed they were both guilty, and that lie should report them ; the evidence against them was, that a canteen of one man, and a haversac of the other, had been found near the dead sheep. , Being cross-examined by the prosecutor.—Witnesa stated that he went with Colonel Palmer on the '2sth or 26th of February, to a bourse where some of the men were quartered, the owner having complained that dray had stolen his wine and bacon; when they came to the house, there were two or three drinking the wine ; they were all immediately turned out of chi house, and kept out all night ; a man of the name of Gilbert, Sat in his chair, when Colonel Palmer came there, eating tie stolen bacon, and looked him very quietly in the face; Colonel Palmer knocked him out of tare chair ; Captain Harding was also obliged the same night to strike a man of the name of Stoner, for disobedience. Colonel Quentin then produce! tht , ceveral orders which had been issued by liiin from An ist. ISIS, to May, 1814, in Hamner from twenty tr, tilit:y, many et which inculcated the necessity of the officers fie. • queerly visiting the quarters of the men, and alluded to the officers' neglect on this point; and others rela ting to foraging, hours of meals, equipments, and other concert's of the regiment. Cilonel Newpett stated, that !le 100 l seen Colonel Quentin in the presence of an enemy on several occa sions during Sir John Monie's rel.:eat ;—in two in stances particularly, in the el art of a single squadrub, and with the in-lyiiie picquet at Benevente. From what he had observed on these occasioes, Colonil Quentin did his duty steadily and well. Tile witness was at that time Captain in the 'loth. Adjutant Depurier, cf the 18th, stated thin be had seen Colonel Quentin in actual service, and 'in presence of the enemy. He was itt7.tr him during Sir . John !vloore's retreat. in a charge made 'at' -the enemy on the 26th of December. He also saw him trim the Convent of Bcnevente, when lie turned out the out lying picquet on the ground beneath, to 64:ye the enemy. lie never saw a man behave better in the presence of the enemy. The evidence for the defence haring been - the n dosed, The Jvvos ADVOCATE stated, that he had receiveii