The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-01-26 00:00:00

COURT MARTIAL ON A BRROF.ANT OF
THE slrr. E.0.L1, AT PORTLAND.

A court martial was held oa Wednesday sad Thurr
day last, at the Verne berrasks, Portlead, oft Sergeant
(build, of the Mn. 5.0.L1. The officers eon:looting
tee court were :—Lieutenat-Colonel F. Betasls:Wept...ln
G. Bliss Ile'Queen,Captain John F. Trydell.Lieutenant
Grayband„ Lieutenant G. Beverley Bird, Lieutenant
0. B.earteg gird, Lieutenant J. Bruen, and Ensign
isaile Flay Donlop.-111r. ft. N. Howard,of Weymouth,
was retained forth. defeat*.

There were three aunts against Sergeant Quaid—
let " For highly irregular conduct in hag, while
employed aa eatartar to the sergeants meiW to the
detachment of the filet lase, between October 21 and
December 9, 1863. meld liquor to privates of the
deteelimeat, and to mappers of the 26th Royal
Engineers. belly—For baring made monoy by
traMeking and lending regimen sums of mosey
to soldiers at exorbitant rates daring the mime time.
3rd—For having, when obarpd with tire above offends.
at Portland, cm Do/amber SI, uttered deliberate and
wilful falseheoda"

The primary rabid a preliminary objection to the
°faun of his own regiment forming part of the court,
U they had beard the statemeota of the colonel, and
were likely to be prejudiced by them. This objection
was overruled.

The prisoner plonded " Not Guilty" to all the
sherges.
- --

Caoar.Sergeant Ward, 51st, proved that the sergeants
bad established a mem at Weymouth and were to buy
their beer at wholesale pekoe and retell It at • profit.
The profile so made be believed were sob. divided
antonget the sergeants of the mess. Prisoner was
appointed starer, and ea sash disposed of the bear to
tbe privates, for his own profit as well that of the other
Witness &slimed to my whether he had dose
esiniTeelf or not. There was no easrecy about it.
Printed rules, signed by the commandiag officer, were
stack up In the sergeant's mem for the ridden.* of the
caterer, and in them there was no Glasse prohibiting the
caterer from esiling beer to the privates; but sines the
prisoner had been under arrest fresh rate. had been
made, and there woe now a prohibitory 'lanes. When
the prisoner wee (*rattily before the salons' on these
on Deseraber 26, he admitted them. An order
bad bessislide by Colonel Au that the profits realised
by the isle of this beer la the sergeant's mess should be
sent to the mew at heed-quarter,.

Bergesat Woodland proved the sale of liquor to the
privates, sad in aroes-exarialaation admitted that the
molts of liquor sold to the privates wen to be divided
amongst all the sergeants.

Adjutant Wynn to save time, wan examined as to
the rules, and proved that in them there was no pro•
bibitory dare, and that new ones had been put up
since the pneoner was under arrest.
Corporal Ryan alio proved the sale of liquors to
°Avatar', and in arose-examination said that when the
prisoper said it other sergeants (some of whom were
prisoner's superior °dicers) were present and saw it
doom .

Sergeant Newman proved borrowing 4t. of prisoner
for two or three days, and Quaid charged him Bd. for
the loan:--Cress-examioed : Witness asked the primoner
for it. Quaid did not oome to him with the loan.
Private Eel it also proved borrowing money and paying
the sergeant interest.
Private Haywood bad borrowed 2s. for a week, and
repaid 2s. 44.
Private Hewitt had borrowed 3e 4è& He kept it a
month sad paid 34. 64., being lid. for the loan.—Prisoner
observed to the court that this was only 2i per cent.
for lb. money. Lanoe-Corporal (locally for • weak or
two (be could not tell exactly) borrowed be. and paid 6e.
In eroarexaminstion of all these witnesses, it arse
out that they had al gone to the prisoner and begged
him to lend them inoosy, and that be had not offered it
them, cod that it was known to the solour-sergeauts,
who had dednoted the money from the men's pay and
psid to the eargeant.
With regard to the third charm
Colonel Au proved having the prisoner before Min
charged with the first two cffenses on which he was now
tried, and when be (the Colonel) qaestioned him he
denied the aocasatioa. —Oross•cinamined : The (harp
wee sande by Sergeant Sollivan, and witness Wend
there bad been damages Wire= Um KEAN sad
&aim.

Bent. flollivan was prevent on 'Dm. 24, when he
denied the first two emir/ea. fo oresseaeusination this
eithe .• admitted that differences lad ant n hetween
bon and prisoner, •nd that the privoner had "'ported
bon and brought hies before the eonomanding "Meer,
when willows retaliated by bringing the first two
'Octets, which ended in this courtmortial. When the
prisoner had him before Colonel Agg end be brought
these °barges, then it was that prisoner denied them.
&arlfaanfeMajor White proved that when Quaid was
brought before Colonel Agg, the second time ('tiDeo.
26, to which time the commanding officer had adjourned
the preliminary
enquiry), he admitted rolling liquors to
pnvatea and lending money to Sergeant Newman.
This aloud the ease for the prosecution.
The priaoner called Colonel Agg, who deposed that
Quaid bad been under arreit sine° Dee. 26. Prisoner
also uked Colonel Agg if he had not at Dover gieen up
the colours, and If at that limn the Colonel had not
told him he would he sorry for it?
The court objected to the queetion being put.
Prisoner then asked if he had not been dismissed from
the caterership three weeks before these charges were
brought against him.
Major Madden van called to show that he had already
removed the prisoner from the estererahip of the
sergeant, mess for selling liquors to the private', which
wan one of the offences now charged ofilinat him. That
was a punishment in atoll, and prisoner was now being
tried for the same offence.
It was also proved that prisoner had been 16 years
and 33 days in the service, and Captain Read doomed
that his general conduct was very good.
Piisoner then real his written defence. lie said
he appeared before them as a Brithib soldiir who
had served Ids eouutry faithfully for nearly 17 eeare,
during which time he bail been stationed in venous
parts of the world, engaged in many actions. Whilst
in the 38th regt, he went through the Crimean war,
having been present at Alms, Inkermtn, and
lievutopol, and now bad the Crimean medal with three
clasps, and also the medal and slum for central India.
Whilst in the Hfith regt., he served with the
central Indian field fors., was present at the seise,
storm, and capture of the strong hill and fortress of
Chandaree, March 17, the action of the Relive. April
; *Mee, storm, and capture of Go town and fortress
of Jharoi, April 3, lotto of Kooneli, May 7, batik
of Golvlaters, May 22, capture of the town and fort of
Calpee. May 23, battle of Morar, June 16. battle before
and captors of the town and fortress of Gwalior, June
12 and 20, 165.4, under Major-General Sir Hugh Rose,
H.C.8., and that Le also 'steed in St. Helena from
November T 3, 1880, to Marsh 7, 1865, in the St.
Helena Regiment. As to the drat charge he admitted
it, but said that he did not consider it any offence.
The sergeants had met together and determined to
have a mess, and the rules were signed by th• com-
manding officer, which rules an caterer he obeyed, and
he coald re i by held responsible for fresh rules which
had DO *Gebouw until after he had been pat under
ar. est. The matter was no secret, it was doee in the
most open manner, and in tli• p -emcee of the com-
manding serguota, who meat More taken the same
view as himself, that he was not eating contrary to
the rules, for if he had they could have been bound
to have placed him under erect or reported him,
neither of which they did, but which from their very
long service an the army they would have done if they
they bad considered him to be doing wrong. If they
did not consider It wrong, the court mast certainly
think that he (prisoner) did not see it wrong. There
was no pecuniary inducement for him to do an, the
profits did not come into his pocket, for he had to
account for every halfpeney, and from the witnesses
they had found be bad paid over everything, another
sergeant had paid the bills, and the profits had been
given to the sergeant-major for the head detachment.
Since be had been removed from the mess, in the new
rules words bad been inserted "that the caterer should
not sell liquor to any nonoommissioned officer or man
under the rank of a Lenoir-sergeant," but when be sold
liquor thet rule was not in existeooe. If it had it might
have been brought against him, but there being no such
clause, be malatained as to Ude charge—dent, that it
was no military offense, and if it were the rule was
broken most unintentionally. If he was liable every
sergeant in the regiment was also liable, and the court
would thinkthat the sergeants had met together deliber-
ately to loomcnit a military offense. Surely the court
mold not take that view, and if they did not, they
would acquit him. As to the lending money be
admitted doing that, but maintained there was no
military offence, as there was no rule to the contrary.
He hail indeed charged interest, but he had never gone
to the men, they came to him, and the court would
observe that he had charged an little as 2; per met,
and the Internet wan not excessive, considering
the risk. If ever the men had refused to
repay him, he had no power to comoel them,
and when be had been repaid it bad been done sense-
times by the men tbemselvee and sometimes through
the •orgeantv. As to this charge, he said that we no
rule against boding money, and, if there wan, he had
also done this most innocently. If it was not so, surely
he would have said to the men, "Do not say anything
about it," or have done it in •seoret manner. On the
°Palmy, he Lad done it openly, and with the full
knowledge of the sergeants and all around. If he had
known it wan an ofienee, he would not have put himself
into their power, to bring him before the commanding
offioer. A. to the third charge—of denying the two
first—he reminded the court that none of the witnesses
would state his exact words, or remember the cosi
variation, which they ought to have done. The
court would remember that he brought Sergeant
Sullivan before the commending officer. Now,
Sergeant Sullivan wee a man who had never been
abroad, and had only been five years in the army, and
had seen no service. Should they compare him with
himself, who had been through various battle, and
engagements in defence of hi. Queen and country? Let
them remember that this court martial was brought
about by Sullivan, who admitted that there was no good
feeling between them. Prisoner had drat reported him,
and bemire what was no offence bad been oonatruel into
one. When he (Quaid) denied the ehaa Nes. becloud as
lawased before an accuser, and the colonel for the time
being truths judge, so that his denial was simply a plea
of not guilty, and, therefore, no offence, 'lf it was, he
had this day pleaded not guilty, and if the court should
find him guilty, on the same principle be would be
liable to another courtinartial for baring so pleaded
to-day. He again maintained that his denial was exactly
the same as a plea of not guilty, and that, as a priueiple,
every eivilian and soldier under British right and justice
was entitled to put in such a plea. The court most take
that view, as he had no wish really to deny the charge.
There was no secret about it, for on Dec. 26, when he
stood formally charged with it, he at once admitted it,
and he reminded them that be had been dismiised from
the eaterership for one offence. As to the objection to the
officers of his regiment sitting on his trial, he had
objected in no °trendy way. He felt that an attempt
was being made to make him a scapegoat for others, and,
therefore, he preferred editors of other regiments,
This feeling the court must not wonder at, when—after
nearly 17 yearn' service, having worn the sergeant's
stripes upwardeof six years, having fought end bled for
his country, his character being sworn to by his captain
as good—be now was put upon his trial for what he
cocaidered to be no offence, or, if it were, which he had
°Permitted most Innocently. He, therefore, left the
Mee with the greatest confidence in their bands.
The Court then adjourned. The result of the trial
will not he made known till It lisa revolved the zonation
of bond-quarters.