The Sun.
London, England, 1854-09-05 00:00:00

THE ARTICLES OF WAR REFERRED TO IN THE FOREGOING

OBSERVATIONS.

15. All officers, of what condition soever, have power
to quell all quarrels, frays, and disorders, though the per-
sons concerned should be of superior rank, or belong to
another corps, and either to order officers into arrest, or
soldiers into confinement, until their proper superior
officers shall he acquainted therewith.
16. No officer shall use any reproachful or provoking
speeches or gestures to another upon pain of being put in
arrest.
17. We hereby declare our approbation of the conduct
of all those who, having had the misfortune of giving
offence to, or of injuring, or of insulting others, shall
frankly explain, apologise, or offer redress for the same ;
or who, having had the misfortune of receiving offence,
injury; or-insult from another, shall cordially accept frank
explanation, apology, or redress for the same ; or who, if
such explanations, apology, or redress are refused to be
made or accepted, and the friends of the parties shall have
failed to adjust the difference,
honourable
will shallsubmitmtehne, manatdtehratvoe
be dealt with by the commanding
iyersw ho officer
onlyc
subjecte
have r o fa teheaacted
regiment,t e,aas i
themselves
05
or detachment, fort or garrison ;—and we accordingly
acquit of disgrace or opinion of disadvantage all officers
who, being willing to make or accept such redress, refuse
tosdduio
sine :aiacceptpbtlilhe neei
rt.oduty
utchallenges,thye as
charactergo
good
ds
soldiers
d oe
4 44, Any officer who, being monad in Any frp,y, h
, A

" For conduct unbecoming an officer and a gentleman,
and to the prejudice of good order and military discipline,
in the following instances : -
" First. In having at Windsor, on or about the night of
the 28th or the morning of the 29th of June, 1851, wilfully
struck and offered other personal violence to Lieutenant
James Edward Perry, of the 46th Regiment.
" Second. In having, at the time and place last above-
mentioned, used provoking, insulting, and disgusting
language towards the said Lieutenant Perry, by calling
him ' swindler' blackguard,' and by using other expres-
sions towards him of a most offensive and insulting nature."
Upon which charge the Court came to the following
decision :
" The Court having maturely weighed and considered
the whole of the evidence before it, together with what
the prisoner has urged in his defence, are of opinion that
be, the prisoner, Lieutenant Thomas Fergus Greer, of the
46th Regiment, is not guilty of that part of the charge
contained in the first instance of it, namely : In having at
Windsor, on or about the night of the 28th, or morning of
the 29th June, 1854, wilfully struck and offered other per-
sonal violence to Lieutenant James Edward Perry, of the
46th Regiment, and do, therefore, acquit him of the same;
and the Court are of opinion that he, the prisoner? Lieu-
tenant Thomas Fergus Greer, of the 46th Regiment, is
guilty of the whole o that part of the charge contained in
the second instance of it, viz. : In having, at the time and
place last above mentioned, used provoking, insulting, and
disgusting language towards the said Lieutenant Perry, by
calling him `swindler,' blackguard,' and by using other
expressions towards him of a most offensive and insulting
nature ; with the exception of using the precise words,
swinciler,"Mackguard, of which they acquit him.
" The Court having found the prisoner guilty of a part of
the charge preferred against him as above specified, which,
being is breach of the Articles of War, do now by virtue
thereof adjudge him, the prisoner, Lieutenant Thomas
Fergus Greer, of the 46th Regiment, to be severely repri-
manded, and further to be reduced on the list of lieuten-
ants of the 46th Regiment, and to be placed next below
Lieutenant Nicholas Dunscombe, of the 46th Regiment."
It appeared on the record that two witnesses were ex-
amined on the part of the prosecution :
First, Lieutenant James Edward Perry ; second Esther
Major. The first witness gave positive and detailed evi-
dence of several distinct actsof personal violence committed
against him by the prisoner on the occasion in question ;
and the record discloses no ground for deeming the
testimony of this witness as given in chief, to have
been rendered less worthy of credit by cross-exami-
nation. The evidence of the second witness. although
it does not directly confirm that of the first as to
particular details of personal violence, on the one hand
does not contradict it, and on the other seems indirectly
to corroborate it by agreeing with it in many particulars,
the reality of which there seems no reason to doubt, and
which; if they actually occurred, would render it probable;.
that acts of personal violence were really committed by the
prisoner, and that he made use of the expressions specified
in the second instance of the charge.
The evidence adduced by the prisoner cannot reasonably
be regarded as either contradicting the testimony of the
first witness in any particular materially affecting the is-
sues to be tried, or as showing that the witness was wholly
unworthy of credit.
Nor can the address of the prisoner reasonably be consi•
dered to have impaired the value or altered the effect of the
evidence for the prosecution..
It thus appeared that the' finding of the court, on the
first instance of the charge, not without warrant, as being
against, evidence, and that so much the finding of the court
on the second instance as is comprised in the words "with
the exception of using the precise words ' swindler," black-
guard;' of which they acquit him," was also without war-
rant, as being against evidence.
The Deputy-Judge-Advocate-General, in the absence of
the Judge-Advocate-General, humbly submitted that her
Majesty should be graciously pleased to order the Court to
be re-assembled, with a view to a revision of the procee -
ings on the grounds above set forth.
For the above reasons her Majesty was graciously pleased
to order the court to be re-assembled, with a view to a re-
vision of the proceedings.'

Horse Guards, August 11, 1854.
The general court-martial having this day re-assembled in
compliance with the orders of the General Commanding-in- t
Chief, signifying her Majesty's commands that the former
sentence shall be revised by the court, and stating that the
grounds on which such commands have been given by her
Majesty ; which documents were laid before the court by
the Deputy Judge Advocate, together with the original
proceedings of the court held for the trial of Lieutenant
Thomas Fergus Greer, of the 46th Regiment ; " The court,
having carefully re-considered the evidence that was
to adhere to before
their them
former durin
dgeci thsio n."e trial, beg most respectfully
Her Majesty was pleased not to confirm and approve the
finding and sentence of the court.

The General Commanding-in-Chief felt it his duty
humbly to submit to her Majesty the sense he entertained
of Lieutenant Greer's conduct throughout these transac-
tions.

As a witness before the first court-martial which tried
Lieutenant Perry, he repeatedly declined to answer the
questions put to him by the prisoner, Lieutenant Perry,
which were necessary for the discovery of the truth, on the
plea that he would thereby criminate himself.
When on his own trial, it is clearly established by evi-
dence then taken, that Lieutenant Greer had applied the
most disgusting expressions to Lieutenant Perry.
The evidence on the preceding trial of Lieutenant Perry
is also confirmatory of these facts, and they admit of no
reasonable doubt.
Such ungentleman-like conduct is calculated to degrade
any officer in the eyes Of his teen, and to destroy his power
of maintaining discipline.
A person who does not shrink from the utterance of
such disgraceful language is unfit to preserve his position of social equality in a regiment amongst his brother
offi-
cers.
He cannot exchange into another regiment,
for the offi-
cers would refuge to receive him ; and they would be en-
titled so to do under her Majesty's regulations.
The General Commanding-in-Chief could not om it
theto
mark with the expression of the severest displeasure
gambling propensities of Lieutenant Greer..ties-, the But without reference to these propenofeint
mis-
conduct already adverted to is fully suffi to call for
his removal from the army.
On these grounds, the General Commanding-in-Chief
humbly submitted to her Majesty. that_ Lieutenant G.,..re...er.
49144 In magyed from the ricrvwc by the IC "i" VV4"-