The Sun. — London, England, 1832-08-28 00:00:00

plaint to a bigha military authority ?—I have already said there is still something let there for a soldier if he wakes a vexatious appeal to a commanding officer ; I did not know how that might be brought against me, being ignorant of military law. In the event of a soldier feeling himself aggrieved, did you not know you could complain to your commanding officer, and if you felt aggrieved by your commanding officer you could brim; your comp Lint before th , . next military authority within your reach, either by leter or verbally ?—I knew that each could he done, but I never thought of doing so ; I knew that could be done, on the same information I have already stated, not from having heard the Articles of it read or read them myself, but from having heard others say it could be done. Did the regimental Court.martial, when you entered on your defence, give you the option of cant.; witnesses? Yes; I was asked if I had any witnesses to call ; I !aid no ; I said I would call the witnesses who had tome for the prosecution in my defence. Who was the clerk, as you eill him, of the Court-martial ? Lieutenant Somerville wrote the evi.!enee. 'as he a member of th Court ?—Yes. Have you ever seen a min punished for refusing to ride, or is it the custom of the regiment to permit a Choice?—l never saw any man punished in tim rfygiment before since I came into it. Neither for that or any other offence?—For no offence. ta it the custom of the regiment to permit a choice? —No, I do not think it is. When did you enter the Political Union of Birming. 1;4212?-1 nevcr entered the Political rnion. Were you a member of any Political Union before you enlisted ?—No. Had you an ides, when you enlisted, that you were not to be paid by the King ?-1 had th e same id ea w h en I enlisted that I afterwards expressed to Major Wyndham. What was your oecuvation previous to your being a soldier ?—A gardener. Had you been accustomed to ride?—l cannot say I had been accustomed to ride ; I have been on a horse's back, but it had never been customary for me to ride. You bad not been in the habit of riding touch ?—I never was in the habit of riding at all. 'When you say that you never thotn•ht of applying to any superior officer, do you mean that it never occurred to yea, or what do you mean ?—Yes, it occurred to me, but knowing that there were such words as these in the Articles cf War, which I have already spoken of, about vexatious arpoal, I did not know but that my application to the officer might be construed into a vexatious appeal, and that I might therefore suffer for :t. Ido not mean to say I was sure that it would be so : I thought it might perhaps be ao; and, therefore, it was better for me not to do it. The witness withdrew. The following witnesses were then examined :- 6 Lieutenant and Riding -master a Private Thomas Scott. Giiiies. h Mr, David Cope. 6 Mr. Henry Simons, Stafford, 1. Sergeant-Major Atkin. shire Yeomanry. h Sergeant William Sikes. b Sergeant John Glen, b Assistant-Surgeon Alexander a Private Robert Brown. Stewart. a Private Thomas Darling. b Private Robert Robinson, 6 Sergeant-Major Michael Nei- b Private C. Guist. son. b Sergeant-Major Alexander b Lieutenant and Adjutant St. Gardiner. Vincent William Ricketts. b Corporal William M'Lure. Thos.: witnesses marked thus (a) were called by Sorrier, ville : those marked thus (b) by Major WyndlAas. So mervillle had three witnesses summoned, hut did not exa mine them ; the Major examined all the witnesses he sum moned, Major Charles Wyndham, Royal North British Dra 2,(sons, then tendered himself as a witness, and, having bren rernindal by the Judge Advocate of the extreme responsibility under which be was placed in regarrl to the answers he might give to such questions as were put to him, was examined as follows by - the J UDGE Anvo c•arE (July 27, 1832): Do you recollect, when you first heard, on the 28th of May, of some charge of disobedience against privztte So merville, as to what had passed in the morning in the riding-house?--Yes, it was in the morning. About what time was it?-_I think before we went to the field. We went to the field at two o'clock; there were some rejoicings on the King's birth-day. We had a little rejoicing before we went out, and after that I took the regiment out to a field-day; and we returned about four o'clock ; the❑ I got a written crime ; before that I beard that he was confined. Will you look at the minutes of the regimental court martial where a crime is set out, and state whether that was the crime which was given to you ?—Yes, tl.at is the crime. From whom was it first you heard of the matter having taken place in the riding-school ?—From Adjutant Ricketts, Did you give any directions of what was to be done with private Somerville at that time?—None ; I heard he was in the guard-house, and he was left there. When did you direct that he should ke brought to you ? —Not till the following morning. When he was brought to you, will you state what passed between you and him ?—I found him in the pas sage, and I had been in the room probably a minute when I sent for him. Lieutenant Ricketts was in the room, and the Sergeant-Major brought him in by my order. I presented the crime to him; and I said, Somerville, this is your crime, lam sorry it should have appeared. That was the commencement of the conversation. I said I did not expect it of so young a soldier; he looked at me, and I think the words he said were, lam sorry for it. Ido not think said any thing more, except that he mentioned something about his horse being unruly; I think he said he could net manage the hor , e, those were the words. I said it is highly improper conduct, a high disobedience of orders, and I regret it very much ; I was sorry to see he did not express some contrition, I thought a soldier would have said mare. My object in seeing him was, if he should have spoken well for himself, to have released him. He did cot say that which I expected ; I said it was an act of insubordination, and, as near as I recollect, I said it cannot be overlooked. He said nothing more. The Weekly Dispatch was lying on the tab!e, I took it up, and said, Somerville, I am afraid, my lad,--I think that was the expression, —you are fond of writing in the newspapers; he seemed surprised; 1 then said, Is this letter from you ? he then stopped a short time and said, it was he that bad written the letter. I thi n read the letter, or extracts from it, and I think I com mented on the letter, saying, I was sorry to see a young soldier writing in a newspaper, and particularly on politi cal subjects, which I considered was not a soldier's duty ; he then said he did not know, he believed he had a right to write in the newspapers. I said you have no right to comment upon the conduct of your regiment, and say what is not the fact ; you have written a libel on the regiment; I said that is not the business of a soldier. I read some more lines, and came to a passage about what the Scotch Greys would do in case they were called out to act. It is a long time since. I cannot recollect the words, but they were to this effect : that to quell a mob they would do so, but would not lift up their arms againt the people. I said, this is strong conversation, and asked him what he meant by it; I said you ought to know your duty better than to ex press any suck libel on the regiment, and I asked him what he meant by it. Then I said, Do you recollect, my good fellow, you have sworn allegiance to the King, and you are paid by the King? Then that begat a conversa tion, the words of which I do not recollect, except having seen them in the paper, something about his being paid by the King, and that only as long as lie was for the people, or words to that effect. Is that your own recollection, having, been refreshed in any manner, that he did use those words in particular ? Yes; he said he was bound to the King as long as he went with the people, or words to that effect. I then told him again that I was sorry to see so young a soldier com mence in that manner.: Again I said that it was not the business of any soldier to meddle with politics, and I regretted very much that he had libelled the whole regi ment ; that, I think, ended the conversation. I then desired the sergeant-major to take him back to the guard house, which was instantly done. You have stated that you commented on the extracts which you read from the Dispatch?-1 did. To what effect did you comment on them ?—To the effect that I was surprised. I had been twenty years in the regiment, and never heard of a soldier using such lan guage, making use of all our names in that kind of way. It had been a conversation throughout the whole of the barrack-yard, ever since Sunday. The Dispatch was shown to me along with other people ; no one could make out who it was. Various people were suggested. One man in particular, and everybody believed it was him hut myself. My opinion is, that when a man will write on one subject in a paper, he will write on another, and I fixed on private Somerville as the writer, having then in my possessio❑ in my room, a manuscript piece of poetry, which I sent up that evening, as any one was challenged in the Dispatch to see the letter at the Dispatch office. I sent it up to Lord Arthur Hill, and said, " Will you do me the favour to compare this with the letter they have challenged the public to see." I got no answer to my letter on Tuesday. We were still in doubt as to the wri ter, until the man confessed that he had written the letter in my room. I had not received Lord Arthur Hill's letter, which rather surprised me, for there was time for it, and I was in doubt up to that time. My idea was, that it was too well written for a soldier. One part I thought might have been Written by a soldier, the rest I said could j iz - • not have been written by a soldier. That wa3 the first remark I made. Had you known of Scinerville's writing in e - e pipors before this period ?—No, I have no reason to think so. What do you mein by the remark that you thought a man who would write one thing in a paper, would write another ?—My ilea was, that the soldier would be tempted to correspond with the parrs. You mentioned pieces of poetry ?—They were a few lines of poetry, and I thought if the handwriting of Somer ville was in the Ace, the compari,on might be made. Did you, in commenting on the letter in the Di.S. , (7UI, apply to it the epithets, seditious and treasonable, or Other of them, and which ?—No ; I used the word " libel," and, I thin?-, Laer wards in the school, when I spoke to the men. fi'm any thing von could say, yon might have us td :I"+.e words " seditious" and " treasonable," Dr.e7th - e'r of them ? —No ; I think I said, " libel npt ne whole regiment ;" it had been commented "Sti 'thioughout the yard, and a great deal of ret!...tio'n caused by the letter ; the town was in a state c tzonfusion ; the barrack-yard gates kept con stantly shut; we were spoken of as Unionists ; one repott was, that I was dismissed ; that the Commander was coming down, and that at one place they had had . nearly pulled him out ()Chin carriage. Altogether I etas excited, and I believe, every man the regittent was excited. Ban ners were flying and clru'rol heating ; the gates of the bar racks were ioc eu ; and what with the gates being locked ) and the other circumstances that one Cannot be surprised at there beint• fttigy feeling about the letter being written. Had you ptt the Dispatch on the table when Somer ville Mired the room for the purpose of the interview ? !: will not be certain whether I put it there, or whether it remained there all night ; to the last of my knowledge it might have been there the whole night when I locked my room door. What induted yma to mention to Somerviile on that oc casion the writing the letters and the papers, the imme •:diate subject of the interview with him being the offence in the riding.scheol ascertain whether a soldier would take s`: - L-11 a liberty with the corps ;my object is to knon , every man's feelings and sentiments in the regiment. Have you any statement to make an to your giving any orders for the court-martial gave the order about a quarter ofan hour er ti - :enty minutes after I left the room. I was dressed ill plain clothes, and had to go 32 milts. I wrtitt rt note or two before I went out. The carriage was at the door at eleven o'clock, and at a quarter after I got into it. I gave orders to the Adjutant to hive a parade formed. It was an idle day with us. We hail a field day the day before. There was a good deal of do fining among the trek, and the horses had been indulged in the nv,rn ing-. I desired the parade should he ready by the time I came hack. I expected to get back about the time of my own trumpet sounding for general assembly. Whenever the minutes of a court-martial are read, we go to the riding-school, as being a good place, free from all obser vvion. What was the purpose of the parade being assembled? --To read the minutes of the court-martial. Is it the custom to read the minutes of the court-martial when a punishment takes place only ?—Upon all occasions i❑ the riding-school, being a good place well selected for the purpose. His it been customary for you, before the assembly of a regimental court-martial, to order that there shou'd be a parade after the court.martial, for the purpose of hearing the rninutPs read ?—Yes ; it is more often ordered after the court-martial, on that day if po,sible, that we may get clear of our work, and have the following day for a field-day, or any general purposes. Do you mean to say that it is the invariable practice to summon the troops to hear the proceedings of a court martial, whether those proceedings have terminated in the acquittal or convictio❑ of the prisoner ?--Invariably in the G revs. What is the usual hour of assembling regimental eQurts martial ?—Sometimes, on a drum-Lead court-martial, the man is tried on the instant. But in ordinary regimental court.-martial ?-11 to 12. - . Is it usual that ' thecourts-martial should sit on the same day on which you give t' e order for the assembling of the court-martial ?—I have known it happen. Is it usual ?--It depends on whether it is able to do it on the cause day ; they do not sit after 1., and we had been out that day for two hours. Is it usual for a court-martial to sit on the same day of its being ordered, or on tie following day ?—As it may be. Did you see any of the members of the court-martial after giving the orders for its sitting ?—I do not think I saw one. There was a person waiting for me in the car riage at the door, and I was in a great hurry to dress. Whom did you direct to warn the members of the court tnartia! ?—Adjutant Ricketts. Did you give or did you' send to the court-martial any directions, except at the time, through Adjutant Ricketts ? —None. Do you recollect stating to any peraon, after you saw private Somerville,—after he confessed himself the writer of the letter in the Dispatch,—that he was, in fact, the writer of the letter ?—I believe I did. To more thin one person ?—No ; I think only to one person, whom I met on getting into the carriage—the Pay master. The words I used were, " I have found out the writer of the letter in the Dispatch, and then I went off." When were the procet dings of the court-martial brought or sent to you for your approval?—l think, as near as possible, they were delivered to me by the President on the steps of the door, as I got out of the carriage, at a quar ter past 4, and I took them and read them, to see if they were correct, before I put on regimentals previous to going to parade. Have you any statement to make to the Court of what p issed at the time the punishment was inflicted ?—Nothing beyond desiring the man to tike his punishment. Were the minutes of the Court read at that time?— Certainly; after the minutes of the Court were read, I then addressed myself to Somerville, and said,—" You will take your punishment." He quietly placed himself in the situation to be punished, and received one hun dred !ashes. Under what circumstances was it that h? did not receive the whole of the punishment awarded by the sentence of the Court-martial ?—lie got 100, and, he being a recruit, I mid, " Take him down, he is a recruit." Was that the reason for which you took him down, that he was a recruit ?—Certainly ; and he had not been corn 'shined of before this circumstance. I thought thata man should not he so severely punished, where there was a chance of reclaiming him, as if he had been an old offender ;he had been well spoken of before this. I always asked how the man was going on, seeing that from his figure he was not well made for a dragoon. I asked Lieut. Gillies, and he said " Pretty well." If you thought the punishment too severe, how came you not to remit the half of the punishou-nt at the time when you had to approve the sentence of the Court ?—lt is not usual at that period ; it is usual to hold out to the men that they are to receive the whole. It is left to the discretion of the commanding officer to put the whole into execution or not. I generally remit with an old offender about three or four. We always make on allowance for a young soldier on these occasions. Was there a surgeon present?—Yes. Was it said by the surgeon that he had beets punished sufficiently ?—No ; no remark was made by him. Did private Somerville seem to suffer much ?—He was not so steady in the position as I have seen men, but he was not much marked. After he was taken down and taken away, do you recollect addressing the men there assembled ?—Yes, I d id. Will you state to what effect ?--It is so long since, that I cannot recollect, but I put it down ; as far ns 1 can re collect, I said, " Men, you are here assembled ; I have a circumstance to mention to you relating to us all." I think I said, " I have discovered at last the man who wrote the letter in the Weekly Dispatch." I think I said, "I am happy for it, because the odivaa cannot fall on any other person." I think I went on to say, " I regret it very !ouch, and I am sorry to see anybody write in the news papers or publish a libel on the regiment, and particularly so young a soldier as the man just punished." I said " It is not a soldier's duty to meddle with politics or to write in the papers, and particularly a man who writes and says he knows well our sentiments." I think I said, "I deny the fact; bow can a man know tl e sentiments of. a whole region nt when he has never be,n with above half." I then went on to nay, that I had been w rit ten to on the subject of the state of the regiment, as much had been said about Political Unions, and our having joined them ; and I wrote hack in re turn, that you would ever find the Greys steady and firm, like rocks; and I remember bringing back to their recollection, two winters ago, when I bad them in London, whin we were up three nights in the riding school; I brought back to their recollection a circumstance that was asked me there, anti I said that the Greys would he ever firm and would do their duty. I then closed the thing by stating that I related these circumstances from the situation of the town, as I had known th e regiment twenty}ears, been brought up with them, and had been very little away from them, certainly not for the last three years ; that I knew every man's sentiments, or nearly so, in the regiment ; and I knew they would always act the Dart of good soldiers. I think that was all that 1 said. Was that all that passed that was material?.—That was that passed, I think, as far as I can recollect. Did you wake any allusio❑ to the offence of which pri- vate Somerville had been convicted ;—Pone, I did not think it necessary ; I think I said the person who had been punished. You say that you observed Somerville was not very well made for a dragoon, or something to that effect ?—I re member when be joined I said he was not the figure. He was short in the neck and not an elastic man. I was anxious to see how he was getting on, and I always heard from the riding -master he was acing eery well. Had you seen him ride before the 28th?—Several times. Whet "hd you think of his riding ?—I think he rides very well for a man of his figure, for the short time he had been learning,—three or four months. Do you know the horse. 830 well ; I bought him by hinasf^!f. flaYa.yo:l ern Somervil'e ride the horse on any occa sion do not think I ever did to my recollection. Have you ridden the horse yourself ?—No, I bought him in London, and sent him down to the regiment. Have you seen him ridden ?—Constantly; he used tc be in the bind at Brighton. From what yo t saw ct him, should you say he was a steady and smooth-going bore, or otherwise ?—lle is a goad looking horse, and shows more breed than many other horses I always thought him a steady horse, and never heard any thing said against him. I often made inquiries about the horse ; he had a long tail which reached to the :round, and was rather a remarkable horse. At that time were going to mount our band on long-tailed horses. I had hml cut at Birmingham. From what you saw at that time of Somerville's riding and the horse's goin:, is it your judgment that he was competent to manage that horse in ad situations and with out stirrups ?—lf he had been put on him ; I think any man might have ridden him. I saw a trumpeter ride him at Brighton. Did you say, in your conversation with Somerville, You are getting sulky on our hands, or words to that effect ? C,rtainly not. . Do you recollect what was the last thing you said to him before he was taken out of the room ?—I directed him to be taken back to the guard room. Did you say to him, Now you are where you will re pent of it, or any thing to that effect?—Certainly not. Are you sure you used no words to that effect ?—Cer tainly not; I am sure of it. Did you communicate to any of the members of the court-martial what Somerville had said about his being the author of the letter in the Dispatch ?—No, I did nut. Did you direct any person to make such communication to them, or to any body?----No, certainly not. Do you know, in point of fact, whether any such com munication was made ?—I cannot say; I do not know that it was; I am not aware of it. Did you state to Somerville, or intimate to him, that he was to he tried by a court martial for the offence he had committed in the riding school ?—Not beyond what I said in the room, that it was an act of insubordination that could not be overlooked. When you talked of an act of insubordination, did you intend tc imply that it would be a matter of inquiry before the court -martial ?—Yes. Hare you peen a musician ride the horse B 30, in pa rade, or in the line of march ?—A trumpeter at Brighton. When was that?—Somewhere about October or No vember. Do you recollect what instrument he played ?—No, I do not ; different musicians rode the horse ; sometimes one, sometimes another. Do you recollect whether the musicia❑ had both hands employed with his instrument, or used one hand in manag ing the horse ?—I think it must have been a man who had one hand at liberty; the kettle-drummer would be on a different horse. Would not a bassoon player require both his hands to Lis invrument?—We have not a bassoon out with the brass band. Do you remember the horse having been ridden since Somerville rode him at a review ?—Yes, he was out at our last review. When was that ?—I think the day that General Camp bell inspected us. Since this disturbance a boy rode him. What age was the boy ?—About 15 ; one of the band. Cross-examined by private Somerville—. What induced you to connect i❑ any way the writing of the letter in the Dispatch with the offence I had committed in the riding school ?-1 did not connect it. Haw came you to mention the letter in the Dispatch when I was brought before you on a charge of disobedience of orders ?—I found the paper was on my table, and I thought it a very good opportunity to ask the man whether he was the writer of the letter; I wished to get the matter explained. Did you conceive the writing of the letter to be a mili tary offence ?—I did not consider it a military offence, but I considered it a libel on the regiment. If you did not consider it a military offence, what reason, as a military officer, could you have for taking notice of it at all ?—To satisfy the officers and soldiers. Had either officers or soldiers complained to you about the contents of the letter?—Not complained, but there had been seine conversation about the letter. Was it by the officers, or did you hear any complaint from the soldiers ?—With the soldiers I had no commu nication ; what I conceived the officers knew, the sol diers knew ; it came to my knowledge from having seen the paper in which it was written. Did the officers with whom you conversed on the sub ject approve or disapprove of the letter ?—Disapprove very much. Were those officers who so much disapproved of the letter the officers who formed the court-martial that tried Somerville, or any of them ?—I am not aware ; they might have Bern. Were there any other officers at the quarters than tho , e who formed the court-martial and its assistants?-- Yes, there were. What other officers were there at the quarters ?—One Or two. Will you name them ?—Cornet Stewart. Were there not some of the staff ?—Yes ; Paymaster Crawford, Surgeon Ernsley, Quarter-master Perry, Lieut.- Surgeon Watts, and Adjutant Ricketts. Had you conversation with all or any of the persons you have named on the subject of the letter in the Dispatch ? —lt was the subject of general conversation in the mess room ; I did not converse with any of them individually. By the JUDGE-A DvocaTE—Do you mean to say that there was a general conversation on the subject in the mess-room, hut that you did not converse with the officers individually ?—Yes, it was a general conversation through the regiment. By private Somerville—Do you mean to say that the subject of the letter was matter of general conversation with the officers previous to the offence which I commit ted in the riding-school ?—Certainly. When did y.ai first suspect Somerville to he the author of the letter ?—On Sunday afternoon, when the paper was put into my hands. When did you first communicate to any other person that suspicion ?—I am not aware that I communicated it to any body ; I sent off a letter that night with the scrap of poetry I mentioned. In the general conversation which took place about the contents of the letter amongst the officers, was not my name mentioned as the probable author ?—No, I do not think it was; he was not the man suspected at the time. Did you not mention it yourself ?—No, not that I am aware of. By the JUDGE-ADVOCATE—Was the other person sus pected a member of the regiment?—He was. D,3 you recollect the name of the other person suspected ? —I do. By private Somerville—Had you never heard me men tioned as the author, or said I was the author, before you questioned me about it on the 29th of May last ?—I am not aware of it ; I think so. What induced you to ask me if I was the author of the letter on the 29th of May for the first time ?—Because I thought it was a fit opportunity, his being in my room. Did you yourself approve or disapprove of the contents of the letter alluded to ?—Disapprove very much. Do you believe that a soldier has no right to hold or to express any political opinions?--He m ay hold any, but I think he ought not to express them, certainly not in the way as he did in the newspaper. Is it your opinion, then, that a soldier has no right to express a political opinion ?—Not publicly in the news papers. If a soldier has, in your opinion, a right to bold or to express a political opinion, does it not follow that he has a right to express it in any way or manner lie pleases ?—I think so, except in the way I saw it in the newspaper ; I do not think how I could well prevent a soldier doing that. Then, though you disapprove of the opinions I expressed in the letter alluded to, and of the medium through which they were conveyed ; can you point out any authority by which you could legitimately censure them ?—I censured .shat I saw, because it seemed to me a libel, unbecoming a soldier to relate such a history. Are you aware that persons publishing libels are re sponsible to the civil tribunals of the country ?—I should suppose they were. Then what induced you, when I was in custody on a charge of military disobedience, to advert in such strong terms to an offence which could only be legally noticed by a civil tribunal ?—To satisfy the regiment who was the writer of the letter. By the JUDGE AnrocATE---That was your real ,n for asking him if he was the author of the letter, but you were asked what induced you to take the opportunity of ex- pressing such arena disapprobation of the, letter f—From the man being then in my room. By private Somerville—Did yo , i give the orders for the court-martial and the half-past four o'clock parade at the same time ?—I gave the orders for the parade when I was getting into the carriage, and for the court-martial in ray room ; I should think a quarter of an hour or twenty minutes before. ►'ere both the orders given within a quarter of an hour of each other?—Or twenty minutes. Were the orders given to Adjutant Ricketts ?—Yes— both orders were given to the Adjutant. Were they given at the same interview with that gen tleman ?—No. Where did you meet Adjutant Ricketts after giving the orders for the court. martial, when you gave him direc tions for the afternoon parade ?—I met him in the passage or on the steps of the door, as I was going out. Had Adjutant Ricketto left tht vicinity of your roombe fort., he received both orders should think he had, for I found him in the passage. By the JuncE-ADVOCA'FE.—Had he been either in the room or near about it all that time ?—I should think not, certainly. Wini your meeting with him on the steps, or in the passage, accidental ?—Yes. If you bad not met him, to whom would you have given the direction • for the afternoon parade ?—I should have sent for him. Should you have delayed getting into the carriage till you had sent for him ?—I think so. By private Somerville—lf you had not met the Adjutant accidentally, would you have given any orders at all for the quarter-past 4 parade ?—I think I should have waited till I had seen him. Were you in any expectation that he would call on you after you had given the order for the court-martial lost sight of him ; I did not expect to see him again. By the JUDGE-ADVOCATE—The question ir, whether, as you had given him the one order to convene the court martial, you expected him to come back if you had further orders to give ?—I expected to see him again before I left. Do you mean that he would come to see you, or that you would make a point of seeing him ?—That I would make n point of seeing him. Ply private Somerville—Did you direct the Adjutant to see that I was duly apprized of the court-martial, and properly provided with any defence I might have to make ? —I did not see him on the subject ; it depended on the orders I gave him to convene the court-martial ; it would be a matter of course in the Adjutant to do so. Is it usual in the regiment to hold regimental courts martial at so short a notice ?—Yes; it happens constantly. Can you recollect any recent instance in which a court martial was convened in so short a period before the court martial which tried Sonierville?—l cannot. After the punishment, what induced you to advert again to the subject of the letter, whoa you addressed the men ? —To convince the men who the person wag who wrote the letter. By the JUDC;E ADVOCATE-Why did you take that op portunity ?—Because the men were all present ; I could not take a better. By private Somerville—Did it not appear by your ad dressing me on tie subject of the letter before I was tried and punished for another offence, and your again making the letter the subject of your comment afterwards, that writing the letter was to be considered a part of my of fence ?—Certainly not. Will you state to the Curt any reason why von should on either two occasions have so coup], d the fact of my having written th, letter with the offence for which I was punished ?—I did not couple the fact in the room. By the JUDGE ADVOCATE- When you disapproved of the letter in the Dispach, was it the mere cireumstwee of a soldier's having written to the editor of a paper, or was it the nature of the sentiments contained in the parti cular letter, which excited your disapprobation ?—The nature of the sentiments contained in the letter excited my disapprobation. By the COURT—Do you recollect whether it was before or after private Somerville had acknowledged himself the author of the letter in the Dispatch that you told him the crime he had committed on the 28th of May could not pass over without punishment?—Before ; when he first came into the room. Have you the copy of the Dispatch of the 27th of May which you read to Somerville on the 29th ?—No ; it was not mine. How came the paper in your possession?—lt was brought to me by the paymaster. Was it ever reported or mentioned to you before the 29th of May that Somerville wished to be discharged ? No, certainly not. Had any men been discharged during the month of April or May at their own solicitation ?---Yes, upon what we call the modified pension. Is it very difficult for a recruit to obtain his discharge and payment?—lt depends on his conduct entirely; if lie is a good soldier lie may get his discharge by the com manding officer recommending it. What would you have done with an officer had he con fessed lie had written the letter in the Dispatch ?—I think I should have spoken to him quietly in my room, and re commended hiiit not to have done so again. Would the officers of the regiment have allowed a per son to remain in their society who had written such a let ter ?—I think they would have rather wished him out of the regiment. Was the regiment employed in the field until after the usual orderly hour on the 28th May ?—We were at the field at the usual orderly hour. Were there any orders given out that day ?—Certainly. . _ By the JUDGE ADVOCATE—When you ordered Somer ville to be tried, and afterwards when you confirmed the sentence of the Court-martial, and suffered half the punish ment to be inflicted, did you act in any degree from an in ducement to punish him for having written the letter in the Dispatch ?—Certainly not. Supposing the letter in the Dispatch had never been written, would you, or would you not, have proceeded in the case of Somerville exactly as you did proceed should, as a matter of course. The witness was directed to withdraw. - - CHOLERA MORBUS. TO THE EDITOR OF THE SUN. Sia,—The prevalence of the cholera morbus in so many places in this empire, and tl)e dread entertained by some of premature interment, in consequence of the powerful narcotic remedies employed in. the cure of the same, induce me to request you will make known to the country, through the medium of your valuable Paper, the following receipt, which has been used with great success lately in Quebec, in North America, (where the disorder has been very malignant,) and which possesses none of the lethargic qualities of the medicine now used, and by some so much dreaded. It was brought here by Captain Robert Cutting, of the brig Minerva of this place, who is lately arrived from Quebec, and who witnessed its very successful application when he was there. Its happy effects has also been manifested in this neigh bourhood, where a few cases have occurred, although the salubrity of the air of this very clear and healthy place prevents this being a harbour for epidemic complaints. I will mention the case, at a place where I have been, of a family of four, of whom three died, and the fourth a child, about four years of age, was considered dead by its nurse; the jaw, as is common, was tied up, and a person sent fur to prepare a coffin, when a neighbour, who went in thought the child exhibited signs of life, administered this medicine (the first time it had been tried here), and in one hour the child recovered and is now nearly well— for myself I have had a severe attack of diarrhimi, and found almost immediate relief from this medicine.—By acceding to my request, You will oblige, Sir, your Constant Reader, JOHN SHELLY CLARK, Auctioneer, &c. Yarmouth, Aug. 26, 1832. RECEIPT FOR CHOLERA. oz. cayenne pepper, 1 5 .- oz. mace, oz. allspice, -1 oz. cinnamon, -.4 oz. cloves, oz. nutmegs, - oz. chamomile flowers. The spices to be beat up very fine, and then m ixed with a pint of the best brandy And the chamomile flowers. After standing three hours it is fit for use. DIRECTIONS FOR USE. Take one teaspoonful of the above mixture in a wine glass of brandy ; if no relief in a quarter of an hour, take two teaspoonsful more of the mixture in another glass of b ran dy. The patient to be put to bed, and kept very warm. If cramp comes on, rub the parts affected with t he strongest rum or brandy as hard as possible downwards. VAUXHALL GARDENS.--A new operetta, called The Sedan- Chair, was produced at these gardens last night, which (if the weather pei mit) is likely to make a very attractive addition to the amusements for the remainder of the season. Without pretensions to dra matic incidents of a highe r or d er th an tilos.: of the vaudev i lle c lass, it contains some w e ll- ar r a nged scenes and situations. The chief attraction of the piece, however, was its music, which is very good th roug hout, anti i n some of the songs xernent. We hear that Mr. STUART, the Tory candi date for Bedfordshire, is beginning to calculate what he is likely to lose besides his election.—Bucks Gazette. IRELAND-DUBLIN, AUG. 2:). " And lean looked prophets whisper fearful change; Rich men look sad ; and ruffians dance and leap." Shakespeare. In a recent number of The Sun it was an nounced that there were " mysterious hints of a rebellion in Ireland," which, however, you pru dently treated as the machinations Of some "'zealous officials." A few observations on the more than usually distracted state in which so ciety is here at this moment, will account for the facility with which such rumours may be originated, and believed by a great many, That there are some mischievous officials in this country who look forward to ,every thing dis turbing the peaceable portion of the people as a means of benefiting themselves, there can be no doubt. Such characters are to be found among every class and sect among us, but more parti cularly among the ascendancy faction, a party much more alive to their own interest, and having more tact to promote it, than their ad versaries. Among these adversaries, however, whom I call the Catholics, and such Protestants as are independent of the patronage afforded under the old system of exclusive favouritism, there are many persons whom the aspect of the times affects so much as to realize the description of approaching troub'es above quoted. When society becomes unhinged, there are always per sons ready to prognosticate greater changes than are even requisite to restore it to its proper tone and functions ; and a whisper of this kind, having once gone forth, never fails to alarm some indi viduals who have something to lose ; and others who, having with their good name lost all they might have, see no chance left them but what may turn up in a national tumult and confusion. In fact, though there are not the least grounds for apprehending a rebellion, or any thing worse in this country than ordinary agitation and blood-letting, it is by no means strange that there should be not only rumours, but threats of the kind, in our present distracted state. For you have the haughty ascendancy man in alarm at the certainty that his monopoly is doomed to destruction, and, therefore, exerting himself per fas atque nefizs to ward off the blow impending over himself and his family prospects. Hence the twisting and turning, lying and braggardism, of a certain class of Orangemen. On the other hand, there are among the opposite party some with empty heads and emptier pockets, whose antic tricks and extravagant expectations alarm some honest and sober folk of every persuasion. Then there are a few partizans of a higher grade, among both factions, who, whatever may be their own views and motives, greatly stimulate by speeches and writings their followers to they know not what. In this state of things, it is no wonder there should be rumours of rebellion na turally concocted by the ignorant, and indus triously circulated by the speculative and malig gcwtet\;er,pteleprlee;isnaot nant for their own selfish purposes. You may depend on present no machinery for a rebellion in Ireland ; there personsis noof influenceorganization o r proffering their counsel or assistance ; and, consequently, no de finite system of opposition to the authority of Government. The determination to pay no more tithes might be regarded as a negative to this assertion, were it not well known that there is nothing latent, nothing secret nor concealed, in this determination, which may be said to have its existence only in publicity. The great pe culiarity of the means by which tithes have been morally extinguished, and will in time be com pletely eradicated from this island, is its avoid ance of a collision with the law—a peculiarity worthy of the just and enlightened spirit that suggested it. It admits the legality of demand ing tithes, but declares that such a demand from Catholics is against reason and justice ; and, therefore, while it dissuades from a violation of the law, it inculcates a reluctant submission until reason and justice shall have prevailed in the hearts of our rulers, and tithe persecution be re linquished for ever. The following is in effect the plan suggested, and universally understood : Not to commit outra g e upon the law or its agents, but to protest by word and deed in every legitimate way against the demand as unreason able and iniquitous, and ore which no Protes tant government in the present state of the world can long continue to sanction. Tithe is the paramount and crying grievance of this land, and one which the Government should not have suf fered to remain one month after its condemna tion by the parliamentary committees of inquiry. Whatever confusion, anarchy, and bloodshed per vade this devoted land are justly chargeable to the Ministry, until the Catholic people of Ireland shall have been completely freed from this ano malous impost. For what are the consequences of temporising and delay on this subject? The rancour and opposition of the ultra factions of this country, not only against each other, but against Government itself. The Marquis of Anglesea, who, whatever may be his merits or demerits as a statesman, has unquestionably exerted himself more than any former governor to establish equality of right in Ireland, is so furiously attacked by the extreme factions, that it is impossible for the cool and impartial ob server not to suspect the motives by which these parties, or their leaders, are actuated. Both assail him for not encouraging themselves by the op pression of their adversaries, while his Lordship seems disposed to hold the balance even, and give a triumph to neither, but distribute justice to all. He has, for instance, sent Serjeant O'Loghlen to inquire into the cause of the late meeting at Blarney, a circumstance which ; con sidering the individual selected, and the occasion of the inquiry, ought to give general satisfaction. Yet such cannot be anticipated from the state in which we are, which is truly lamentable, inas much as the clamour and noise kept up by the " extremes," will not permit the rational and quiet portion of the community to judge calmly, and express their cool opinions upon any subject. I have already stated that there is not the least reason for apprehending a rebellion ; of this you may rest assured. At the same time you should be informed that there are many individuals, Catho lic and Protestant, whom the conduct of the agitators renders very uneasy and timorous. While one party cries out for the abolition of tithes and church rates, and makes preparat ions Prbament who will not pledge himself to return no member to the new a to their views, and the other party as stren uousl y exert themselves to send such a number of Protestant ascendancy men as will frighten Government into the policy of still upholding that party in Ireland, the notes of pre a ation on both sides arc sufficient to convi nce a ll p at least, that th e strugg l e aY terminate of " weak nerves, erErlilleatoenitlelsStOst7 Besides , thingllio serious )otlisaitiii position o mere , election f t " w t e e. I the dominant parties, we should reco ll ect, threa tenseachhostilityther, am to do thus Government ilc )aes itself, as t a very disagree able agsre to able dilemma, should it appear at the next election that they have respectively that influ ence over the country which they profess to hold. But I think the result will prove the contrary. In fact, you arc not to understand that the entire population of Ireland is divided between these two noisy factions—quite otherwise. The agi tators, after all, on both sides, are contemptible in numbers and intellect, with a few exceptions. But the leading grievances of which they com plain enlist on one side or the other the feelings and jtidgriient of; the niere .ninnerons and influ ential, who, if these grievances did nit eXisti would range themselves on the side of peace and good order, and assist Government in preserving both. As long, however, as Government allows the Catholics to complain of the injustice of tithes and church rates, and thus, by permit ting agitation on thcsc matters, suffers the Pro testants to feel alarm, lest their i'dligiori; rents, and every thing dear to them may ultimately share the fate of these universally-condemned exactions, the country must continue in its present state of agitation and disquietude.— Will Government, therefore, continue to look on thus, while such a state of things procrasti nates the improvement of the condition of the kingdom ? Will Earl Grey, Lord Brougham, and the other intelligent Members of the Cabinet thus prolong the miseries of Ireland, at the ex penrse of the finances of the country, its strength and happiness in the eyes of foreign nations, and their own future fame and character? Why not deal out justice at once, with a liberal hand ; and thus, if not completely suppress all the in centives to anarchy and rebellion, at least enlist on their side all those whose peaceable habits, property, and rights, are worth preserving td the country. If they are unfortunately indis posed to abolish great grievances, and reduceto a state of equality his Majesty's subjects in this kingdom, who have hitherto been a dominant, supercilious, and favoured party, they must mis take the spirit of the age in which they live, as well as the duties of British Statesmen, and must expect such a state of things as Lord Brougham has denominated rebellion, to be per manent in Ireland. GERMAN PAPERS. REGAL, JULY 18. —Their Imperial Highnesses, the Grand Duchesses, went on the 12th by the steamboat to St. Pr tersburgh, to congratulate their mother the Empress on her birthday (June 13) and have not yet come back. The squadron which came here on the 27th of June left our port on the 10th inst. Accounts from Sarepta, in the government of Suralow, say, that the horde of Kalmucks, living in the neigh bourhood of that place, had suffered most severely in the last hard winter. The snow lay to a great depth from November till the middle of April, so that the herds could not find any food, and great numbers perished. Many of the Kalmucks were starved, because they had no wood to dress their provisions. They were obliged to burn almost all their huts for fuel, and many families collected in one, but even there they found but little protection against the violent storms. All the children under six years of age are fr,zen to death, arid many grown-up persons have lost Their hands and feet by the frost. AY their herds constitu c their whole wealth, they are now in such a state of misery that they are obliged to attack caravans, and plunder them of cattle and bread, to appease their hunger. The Brunswick Ger;nan National Journal contains, under the head of " The present state of Poland," the fol lowing accounts : " The intercourse with Poland is now so difficult that the communications on the subject furnished by public papers, either give but a general view of the misery of the country, or describe only isolated facts, that are soon for ga,tten, or from which it is impossible to form a correct idea of the entite system which Russia is now preparing in Po land. We have lately received letters of the Ist, 4th, sth, 25th, and 30th of May, which bring various, nu merous, complete and important statements found ed on public documents, and the evidence of credible pee sons. We here give extracts from them. We abstain from all personal reasoning, confining ourselves to the quo tation of naked fact, dates, names, and documents. It ap pears certain that Russia has wholly renounced the idea of attaching the Polish nation by benefits and institutions ; it has now recourse to severe, perhaps last means, viz.— the system of the depopulation of the country ; it desires the Polish land, but not its inhabitants. In consequence of this system the following orders have been issued : " 1. The confiscation of the children. This takes place in the provinces previously incorporated with Russia,— viz., Lithuanii, Volhynia, Podolia, and the Ukraine, with out any previous orders, merely according to the General Military Ukase; the exceptions depend on the will of the military governor. It extends to children of both sexes. In the kingdom of Poland, which is nearer Europe, it embraces only the male children of the poorer class,—that is to say,l9-20ths of the male children. This measure was announced first in an ukase of the Emperor, communi cated by Prince Gorczakow, chief of the staff of the army, to M. Tyinsioski, Secretary to the Council of the Ad ministration of the Kingdom, who stated that it was his Majesty's pleasure that boys wandering about the streets, orphans, and those who are destitute of means of subsist ence, shall be collected together, sent to Minak, and de livered to the commander of the garrison, to be placed in the battalions of the military cantonments, and to be after wards sent to the divisions assigned by the Chief of the Staff for the military colonies. The Commander-in- Chief, it adds, had received orders for the punctual execution of his Majesty's will, and a fund was assigned for the sup port of the boys, and for the expense of vehicles to convey them to Minsk. The Prince Marshal accordingly sent di rections to the military governors and intendants general in the provinces. A subsequent order of Prince Parb mitsch, recapitulating the heads of the ukase, is addressed to the Counsellor of State, Fuhrinann, President of the finance department, informing him that the intendant general of the army has been ordered to have clothing made of three different sizes, for boys from the age of 7 to about 16, to the number of 100, from every waiwodeship. The clothing, of which patterns have been sent us, consists of caps of grey cloth, with yellow borders, cloak and rurtli of grey cloth, with yellow collar and plain buttons, grey pantaloons, short boots, black stocks, two shirts for each, and socks. This mission, re sembling that of the Russian cantonists, amounts for the whole, reckoning 100 for each waiwodeship, to 48,222 Polish florins. The Field-marshal adds, that he has approved of the pattern and the prices, and desires the President of the finance department to furnish the above sum from the revenue of the kingdom, and to place it in the budget under the title ofextraordinary military expenses. These orders, the contents of which are so threatening' and which are still more terrible in the execution, excited general fear in the whole kingdom. The terrified mo thers craved to send their children to the schools still ex isting, which, indeed, were very indifferent, and this we nt so far that the municipality of . Warsaw found it necessary to publish a declaration (w hich was imm ediately mad e known in the Prussian S tate Gazette ) that the Eta peror took only poor a nd or p han childre n under his pro tection. But it dep ends on the milita ry governor to de cide which child is to be called poor or an orphan. Up to the sth of May four convoys, each of 150, had been clandestinely sent out of Warsaw alone. On the 17tb o f May, the fifth convoy, con s i st i ng o f more than ges o six to seventeen twenty' Waggsoenvsen fullen ofPolish c hild ren , f ro m the years, was sent away, not in s ecret but quite openly. The scene was heart-rending. For some days pest,' writ es an rye-witness, the weather ha d been very bad and cold, an d on t h at d ay (17 t h M ay ) there was a heavy rain. Nobody was seen in the streets. Al l at (owe, about 1 in the afternoon, there was heard an extraordinary rumbling of waggons, trampling of horses , and cries of women, mingled with sobbing. It was the caravans with the stolen children, rolling from the Ale anirine Barracks to the bridge. Every body who had any protsions, clothing, or money in their house, sent "r carried it out, put it in the waggons, or gave it to the innocent creatures, for ever lost to their mothers and thei r country. The mothers, running after their children , rushed among the wagg:tns to stop them ; other woineti: join in th e i r gr i e f ; a gene r a l lamentation is heard, wit h loud curses of the gendarmes, but without effect. T he better inrormed could not help recollecting the story of;lide Lion at Florence, that prowled through the street, Fe . e . a chill, and bore it off to the devil. Alas! the despai r of the mother disarmed the cruelty of the wild beast, but it could not disarm the cruelty of the men at Warttec v .: Whose Russians who felt how dreadful the orders of t he" Government were, propagated in Warsaw, as an apologij that this was done in consequence of the principles adopt', with regard to Poland by the three Allied Courts of RU sia, Prussia, and Austria." (To be continued.) —Allyemeine Zeituny, Aug. 22.