The Sun.
London, England, 1839-12-04 00:00:00

NEW PORT.

COURT MARTIAL.
This morning (Monday), in obedience to the orders
of Colonel Considine, K.H., Commander of the Forces
in South Wales, a district Court-martial assembled at

the office of the Brigade Major (Major Cook, of the
45th Regiment), for the purpose of trying such offenders
as should be brought before the Court.
The Court was composed of the following officers :
President—Major Philip Sandilands, R.H.A.
Members—Captain G. L. L. Shawe, 10th Rsyal
Hussars ; C Iptain Richard Stack, 45th Regiment ;
Captain W. H. Butler, 45th Regiment ; Lieutenant
Poulden, R.H.A. ; Lieutenant H. J. Shawe, 40th Re-
giment, and Lieutenant Edward L. Tickell, 45th Re-
giment.

The first prisoner, private Samuel Murden, No. 924
of the 45th Regiment, was then marched into the Court
under the guard of an escort of the 45th Regiment.
The President, addressing the prisoner, said, " Sa-
muel Murden, have you any objection to any of the
officers present sitting on your Court-martial ?"
The prisoner.—No, Sir.
The members of the court arid the President were
then duly sworn in the presence of the prisoner and of
all the witnesses against him, after which the witnesses
were ordered to withdraw.

The President then read the following charges against
prisoner.

1. For having absented himself without leave from
the barracks on Saturday, the •'3d of November, and
not returning until brought back a prisoner under escort
on the evening- of the 24th of November.

2. For threatening to strike corporal John Anderson
on the 24th of November, the above being in breach of
the Articles of War.

The prisoner having then, upon being asked, pleaded
" Not guilty," the Court proceeded to his trial.
Corporal John Anderson, of the 45th Regiment,
being sworn said—" I was ordered by Sergeant Wright
of the 45th Regiment, to take a file of men and go in
search of the prisoner, Samuel Murden. I went to a
house in the town where I expected to find the pri-
soner. He was not, however, there at that time, and
I stopped there about twenty minutes, expecting that
the prisoner would come there, which he did. When
he came I told him my business, and that he was my
prisoner. He objected to be taken prisoner. I again
told hire that he was my prisoner, and that if he at-
tempted to make his escape I would leave either him or
myself a corpse. The prisoner said "If I would say
that again he would knock me down with the poker,"
and be took the poker in his hand to do so. I then
ordered the escort to draw their bayonets, and I told
him again if he attempted any violence to me or the
escort, I would leave him a corpse on the spot. The
prisoner then seeing the way in which he was going to
be treated, laid down the poker, and attempted to make
his escape out of the back-door. I followed him and
still kept him a prisoner : but at length he made his
escape, while I was engaged in looking after another
prisoner, during which time the prisoner now before
the Court, Samuel Murden, made his escape from the
escort. 1 then left the house in search of him, and saw
him walking up the street towards Stowe-hill. I noticed
the direction he took, and hurried on toward the West-
gate Hotel, where I got a file of the guard, and took
him prisoner as he passed the Westgate. I then left
him in charge of the guard. This took place on the
24th of November.

The prisoner being asked if he had any questions to
put, declined doing so,
By the Court—The prisoner was sober at the time
when the file of the guard took him opposite the West-
gate Hotel. We rushed out upon the prisoner, but he
ran as far as the Mover's house before he was taken.
Private William Gerrish. of the 45th sworn, said—
On Sunday, the 24th of November, corporal Anderson
warned me to proceed with hint down the town, in
search of the prisoner. We went into a public-house
called the Glamorganshire House, and when we had
been there about twenty minutes the prisoner came in.
The corporal told him that be was his prisoner ; upon
which the prisoner said that he would not be taken by
any man in the regiment. Corporal Anderson then drew
his bayonet, and ordered me and another man of the
escort to take the prisoner home. The prisoner imme-
diately said, if the corporal said that again he would
knock him down with the poker, which he took in his
hand, but afterwards put it down and ran into the hack
kitchen, the escort following him. There was at the
same time another prisoner there of the name of Ross,
who went out of the front door. Corporal Anderson
ordered me to fetch him back, which I accordingly did,
and upon my return I found the prisoner, Samuel
Murden, was gone, and I saw no more of him.
Sergeant James Wright of the 45th Regiment sworn
—I was orderly sergeant for the light, or Captain Ers-
kine's, company of the 45th" Regiment of Foot. On
Saturday, the 23d of November last, upon calling the
roll after tattoo had done beating, I found the prisoner,
Samuel Murden, was absent, and I did not see him after
until he was brought back a prisoner by an escort of the
45th, on the evening of the 24 t h of November.
The prosecution having been closed, the prisoner was
put upon his defence.

The prisoner being called upon said, that although he
was not drunk at the time, yet, that he had been so that
morning, and was still stupid from the effects when the
corporal came to take him, so that he had no recollection
of having threatened to strike the corporal.
The Court was then cleared, and upon being re-
opened, Lieutenant and Adjutant John Hine of the 45th
Regiment being duly sworn, was questioned by the Court.
The PRESIDENT—Has the prisoner been warned that
his former convictions NT:ill be read against him?
Witness—The prisoner has no former convictions.

The PRESIDENT---State what you know of the pri-
soner's general character, age, and length of service.
Witness—For the last year and a half his character
has been indifferent, but previous to that it was good ;
his age is about_ twenty-three years and a half, and he
has served five years and a half.
The Court was then cleared, and upon being re-
opened and re-sworn, duly proceeded to the trial of No.
1,653, John Brough, private in N 0.3, or Captain James
Stowell's company of the 45th Regiment, upon the
following charge, viz.:—
" For having deserted from the 45th Regiment, at
Windsor, on or about the 24th of March, 1839, and
not returning until brought back under escort, on the
:26th of November, 1839, at Newport, the above being
in breach of the Articles of IVar."
The prisoner baring been asked the necessary ques-
tions, and the charge having been read to him, pleaded
" Not guilty."
Sergeant W. Reed of the 45th Regiment being sworn,
said—l was transferred from the company to which the
prisoner belongs two days before his desertion, but I
know the prisoner deserted about the 24th of March
last. I think it was in the, morning of that day, and I
have not seen him since that time until I saw him in
the guard-room at Pillgwerdly, Newport, about the 27th
of November last. Ima quite sure the prisoner is the
man ; he belonged to the same room with me. I shoedd
know him among a thousand men.
George Taylor, private of the 45th, corroborated
the last witness as to the identity of the prisoner.

Terence Hanaway, private of the 4.5 th Regiment,
sworn—l belong to the same company with the prisoner,
and stopped in the same room with him. I marched
with him from Canterbury to Windsor. The prisoner
was at Vindsr,r about six days, during which time he
was an orderly-man. there being no drills. 1 heard him
say he wouVi try some other means of getting off such a
job as that. I recollect his going off one morning, be-
tween eight and nine o'clock,
from Windsor. Ido not
recollect the month, but we had only been
art Windsor
a few days then. He was dressed in the tuldrcss uni-
font, of the the regiment. I saw him leave the barrack
room to take the guard's breakfast, And I never saw
him since until this morning at Newport.
Cross-examined by the prisoner—There were others
present when you used the words I have mentioned,
but I do not think they paid any attention to what
you said.

Lieutenant and Adjutant John Hine, •of the 45th
Regiment, being sworn, produced the ro cords of the
regiment and the attestation of the prisor ier, by which
it appeared that the prisoner deserted ors the 24th of
March, 1839, and that he did not return until brought
back a prisoner under an escort of t'tk e Monmouth
Militia Staff, on the 26th of November, 1839.
The prosecution here closed, and the prisoner bein,,
put upon his defence, denied being the i nun, or that he
had ever enlisted in the regiment.
The President then caused the prise lICT'S description
to be read, in which it was stated that the recruit,
with
John
Brough, had an anchor and star on tb .e left hand,
and a
two rings pricked on the middle and f .0 re fingers,
diamond on the right hand.
The prisoner, being examined, w
as found to bear all
these marks.
The Adjutant being then asked 0- the necessary ques-

rainme.monn,