The Sun.
London, England, 1840-10-03 00:00:00

PRICE sd,

COURT-11IARTIAL ON CAPTAIN

R. A. REYNONDS.

FOURTH DAY.

BRIGHTON, FRIDAY.—This day the proceedings of
the Court-martial, in the case of Captain Richard An-
thony Reynolds, were resumed. The attendance of the
officers of the Hussars upon the side of the accused
was as remarkable to-day as yesterday, both within the
Court and the outside of it. Lord Cardigan " stood
alone if any saluted him, it seemed to be but officially ;
none shook hands with him, excepting a few in civilian's
dress, and this was going on, even while the room as-
signed to Captain Reynolds was crowded with friends
an officers.

The time fixed for the proceedings to commence was
ten o'clock, but the Court was Hot opened to the public
until eleven.

Major Mosse Cooper was first called, but it was stated
by Lord Cardigan and the Court that they hAd no
questions to put to him ; his presence would not be re-
quired as yet.
Captain John Williams Reynolds was then called.
The appearance of this fine young officer excited a
great deal of interest, on account of the well-known re-
primand he had received from his Colonel because he
had a black bottle before him.
Are you a Captain in the 11th Hussars ?—I am.

Did I mention-to you on the evening of the 21st of
August the report of something Lord Cardigan had
said of me ?—You did.

What was it I mentioned to you ?—You mentioned
to ne that you had heard, at a party at Lord Cardi-
gan's house, that his Lordship, when asked why the
Captains Reynolds were not present, had replied, " As
long as I live they shall never enter my house."
What was the state of my feelings when I mentioned
this report to you ?—You appeared to feel the strongest
indignation at the report, and repeatedly expressed you
considered that it was calculated to injure you.
Cross-examined by Lord Car digau—What is your
age ; how long are you in the service ; and how long
have you had your troop ?—I shall be twenty-four years
old on the 25th of December next. I was five years
in the service about the 16th of September last, and
my Captain's commission is dated the 10th of January I
last.

Did Captain Reynolds communicate to you his in-
:cation to write to me, or the fact of his having written
io me on the subject of the report referred to ?—He
lid, both.

Another question was here put in by Lotd Cardigan,
and rejected by the Court.
Lieutenant Conyngham was called.
The Judge-Advocate stated he (witness) wished to
correct a portion of his evidence.
The President—To ❑o new matter ?
Judge-Advocate—No, not to add anything.
The President—Lieutenant Conyngham, do you wish
to correct a portion of your evidence of yesterday ?
Lieutenant Conyngham—Yes, Sir.
His evidence was then read over for the purpose of
correction.

Lieut. Conyngham said, " I was not offered any op-
portunity for correcting my statement (the statement
given to Major Jenkins), by its being shown to me at
any time. (This was the point in his former evidence
which he wished to correct.) I applied to Major Jen-
kins several times.
The witness was here interrupted, and told by the
Judge-Advocate he might explain, but ❑ot add to his
former evidence.

The President said they wanted to ascertain the truth
as far as they could.
Lieut. Conyngharn said he had applied to Major
Jenkins several times for a copy of the letter without
getting it. I sent him, said he, a letter by my servant.
I asked him several times for it, and could not get it.
I asked him personally. I asked him the day the
Court assembled, which was last Friday morning. He
said that Lord Cardigan had a copy of it, which copy I
have never seen. Yesterday I sent my servant again
for it, and in the afternoon a letter from Major Jen-
kins was put into my hands, which letter I have never
opened, and it is now lying on my table. I do not
know the contents of that letter. •

By Lord Cardigan—Did not Major Jenkins tell you
several days ago, that a copy of your letter was ready for
you, whenever you chose to send for it ?—No.
Have you ascertained at what hour your servant re-
ceived that letter from Major :caking ?—I have not.
I have not asked him.
Another question was here put in by Lord Cardigan,
and the Court was ordered to be cleared.
The Court doors remained closed for about half an
hour. Upon being admitted, we understood the Court
decided that Lord Cardigan's question was inadmissible.
The Court then asked Captain Reynolds if he had
any question to put ?
Captain Reynolds put a question ; but it was not ad-
mitted by the Court.

Witness examined by the Court—Did you go, in the
first instance, of your own accord to Major Jenkins and
report what passed with Captain Reynolds ?—I did.
Did you take any steps to inform yourself whether
your servant bad received any answer to your letter to
Major Jenkins previous to your being called as a wit-
ness before this Court ? My servant brought me the
answer as soon as he got it.
Did you read the direction on the letter that was ad-
dressed to you by Major Jenkins, and that now lies on
your table, and, if you did, was the letter directed to
you on service or private 2-1 did not look at the di-
rection.

Did your servant inform you at what time he re-
ceived the answer from Major Jenkins ?—No ; he
did not.

How do you know that letter is from Major Jenkins
if you have not looked at the direction ?—Because my
servant told me he had a letter to give me from Major
Jenkins.

Was your request to be supplied with a copy of the
statement addressed to Major Jenkins officially or pri-
vately ?—Addressed privately.
What was your reason for not opening the letter in
your room when told by your servant it was from Ma-
jor Jenkins ?—Because I thought it was a copy of the
letter, and it was of no use to me after I had given my
evidence.

Lord Cardigan here handed in a paper.
Captain Reynolds here rose and said, I have no fur-
ther evidence relating to the charge.
The Judge-Advocate said that Captain Reynolds
having no further evidence relating to the charge, the
Court would now proceed to the examination of evidence
as to character.

The Court then adjourned for ten minutes. On re-
suming their seats,
Major Mosse Cooper was called in, when the Presi-
dent said, that previous to the entering into evidence as
to character, the Court bad decided that in producing
such evidence, Captain Reynolds must confine himself
to general character ; but any particular fact the evi-
dence may have themselves witnessed, that may re-
dound to the credit of the accused, they may state.
Everything of this sort might be stated, but the Court
would not permit any statement to be made that di-
rectly or indirectly could implicate the character of
other individuais ; and farther, the witnesses would not
be allowed to enter into the particulars of quarrels or
disputes, or give the names of others ; but in all that
they stated, strictly to confine themselves within the
rules of evidence : that is to say, they are not to state
anything from hearsay or that they heard from other
report ; but only that which they knew from their per-
sonal knowledge. . .

Major Mosse Cooper was then examined by Captain
Reynolds—How long have you known Captain Rey-
nolds ?—About nine or ten years.
What has been my conduct and character as an officer
and a gentleman for the time you have known me ?
As an officer, zealous, active, and intelligent in the dis-
charge of every duty, as I bad an opportunity of per-
sonally knowing when under my command on board of
a ship for a period of about three months ; as a gee-
tleman, a man of the highest honour, strictest integrity,
and in every sense of the word a gentleman.
What has been my conduct as to subordination and
respect to my superior officers ?—ln every respect, as
far as my knowledge goes, perfectly subordinate, and
zealously desirous to oey every order.
Do you consider, from what you know of my charac-
ter and conduct, that I could be guilty of insubordina.
tion ?—Not without some extraordinary provocation.
Are there any circumstances within your knowledge
as proof of my subordination ?—Yes, if allaying irri-
tating feelings is comprehended in that question.
Might I ask a question—the case I referred to yester-.
oe the
that name.l was present at
day could I go into, without the name ?
W President—Certainlyitn e
Witness—l
ccan
m
tion n
; not
myself. At a discussion with Lord Cardie•ae—
a
The Judge Advocate—You are not to l' ention names.
Witness—After a discussion with the
officer, who used most offensive expressions commanding
made an appeal to Captain Reynolds---
to me, I
The President—lt is impossible
This may have happened some to enter into this.
that in which we have no province years ago ; and it is
inquire into it. We do nut et
all. We cannot
disputes. wish to bear of personal
Captain Reynolds said lac then withdrew the ques-
tion, out of respect to the Court.
Maim. Browne exa • mined by
you a Major on half-pay * Captain Reynolds—Are
in the Liht g Dra unattached ? Have you served
I
served
-0
goons ; and if you have, how many
years ?—I
in the Light Dragoons between
twenty-five and twenty-six years.
Were you present at the battle of Waterloo ?—I
was.

How long have you known nie P—Sinee the year
1827, when Captain Reynolds joined the lltt, Dra-
goons in India.
What is your opinion of me as au officer and a gen-
tleman?—As an otiler I consider Captain Reynolds
zealous, active, and most efficient : as a gentleman, I
consider his conduct on every occasion has been in the
highest degree honourable.
Have you ever known me guilty of the slightest in-
subordination towards my superior commanding officer ?
—No. Captain Reynolds' conduct has invariably bran
most respectful and subordinate, and from an intimate
knowledge of his character, I consider him utterly inca-
pable of forgetting the respect due to a commanding
officer, unless under provocation which no man of ho-
nourable feeling could endure.
Captain Roebuck, examined by Captain Reynolds—
Have you retired from the army, and did you serve iu
the Light Dragoons ; and if von have, what rank did
you hold ?—I have retired from the senice. I served
fourteen years in the 11th Light Dragoons, and I was
a Captain when I left.

For how many years were we in the 11th Light Dra-
goons together ?—Twelve.
What is your opinion of me as an officer and a gen-
tleman ?—During those twelve years, I lived with yea
on terms of the greatest friendship, and I have always
had the highest opinion of you, both as an oiZcer and a
gentleman.

- Have you ever known me guilty of an act of the
slightest insubordination towards my commanding.officer?
—Never.
Lieutenant Petersham examined by Captain Rey-
nolds—Are you a Lieutenant on half-pay ?—were you
in the 11th Light Dragoons, and if so, for Low long ?-
lam a Lieutenant on half-pay, and served in the 11th
Light Dragoons for eight years.
How many years have you known me P—Ten years.
What is your opinion of me, as an officer and a gen-
tleman ?—A more honourable, or a more high-minded,
or a less quarrelsome man, I never met with.
Have you ever known me, then, guilty of the slightest
insubordination towards my superior or commanding of-
ficer —Never.

Major Rotten examined by Captain Reynolds—Are
you senior Major of the 11th Hussars, and how long
have :you served in the regiment P—l am the senior
Major ; and I have served upwards of nine and twenty
years in

How many years have you known me ?—About four-
teen.

What is your opinion of me as an officer and a gen-
tleman ?—ln my opinion, I consider Captain Reynolds
one of the smartest officers in her Majesty's service ;
perfectly acquainted with all his duties, and his conduct
us a g:ntleman has ever been in the highest degree ho-
nourable. I consider him in every respect decidedly a
gentleman.

Am I oftentimes under your immediate command ;
and, if so, what has been my conduct ?—You hare
temporarily, and frequently during the absence of the
Earl when I have been commanding officer. Your
conduct has been in every respect quite to my satisfac-
tion.

Have you ever known me guilty of the slightest a ct
of insubordination towards my superior or commanding
officer ?—Never.

Backshall Sandham, Esq., examined by Captain
Reynolds—Are you a surcon of the 11 th Hussars,
and if so, how long ?—I am a surgeon of the 11 th
Hussars, and have been twenty years in the regiment.
I have been thirty-four years in the service.
How long have you known me ?—I have known
you from the time you were quite a youth. From the
year 1827, when you joined the regiment in India.
What is your opinion of me as an officer and a gen-
tlema❑ ?—I have always considered you as a good
officer, and a s a gentlemen ; I cannot speak too highly
of you.

Captain Forrest examined by Captain Reynolds
Are you Captain iu the 11th Hussars, and how many
years have you been in the regiment ?—I am a Cap-
tain in the 11th Hussars, and have served in the regi-
ment from the 12th April, 1833.
How many years have you knOwn me?—l have
known Captain Reynolds since 1834.
What is your opinion of me as an officer and a gen-
tlemen ?—Captain Reynolds is an active, zealous, anti
attentive officer. I do not believe there is a more
strictly honourable and gentlemanlike officer in the Bri-
tisharmy. _ _ _

Have .you known me guilty of the slightest act of
insubordination towards my commander P—On the con-
trnry, I have always known Captain Reynolds to be
most respectful to his superiors, and when I was told
that what I had said was false by the Commanding
Officer—(this produced a strong sensation in the Court).
The President—lt is not a question before the
Court. We are not to enter into the particulars of
any former quarrel or dispute. You are net to enter
into any quarrel that has been settled in the regiment.
The Court was here ordered .0 be closed. The doors
remained closed for about half an hour. On tiog, rc'
of the public to the court.

The President, addressing the witness, said, that the►
Court apprehended that he did not perfectly understand
the latter part of the decision they bad came to, which
was this, that the Court will net permit any statement,
either directly or indirectly, implicating the character of
other individuals ; and further, that a witness should not.
enter into the names or particulars of quarrels or dis_
putes, or state anything that was not within the rules of
evidence. In explanation of that decision, he said that
the Court had further decided that a witness might
state, in general terms, anything that had occurred,
when he could show that the accused had been the in-
strument in allaying irritation, or preventing acts of in.
subordination. For example, a party might state cir-
cumstances thht were within his own knowledge, when,
by the judicious interference of others, there was the
prevention to an act of insubordination, without entering
into the transaction, by stating the names or the exact
particulars of the same.

Examination continued—Have you ever known ma
disrespectful to my commanding or superior officer ?
Never ; I have always known you respectful to yotr
superiors, and I know that on several occasions when
different o►ficers had their feelings highly excited, CIT..
tain Reynolds has been the means of allaying their angry
feeling, and preserving harmony in the regiment.
Captain John William Reynolds was here recalled,
to be examined as to character.

What is your opinion of me as an officer and a zeta-
tleman ?—I have had the honour of being your intimate
friend for the last four years, and during that time a
more highly honourable or less quarrelsome man, a
stauncher supporter of military discipline, or one more
respected and beloved by his brother officers I have
never known. I have been assisted by your advice, and
recommended to a temperate course.
Captain Reynolds then banded in letters as to cha-
racter. Amongst them were the two following letters.
It was stated they were admitted by the prosecutor :

" Kinnell-house, Killm, Perthshire, Sept. 16, 1840.
"My dear Sir—l regret exceedingly that any cause
should hare arisen for you to require from me a testi-
monial of your services. I can truly say, that during
the time you were under my command, and during the
whole period of our acquaintance, your conduct, both
as an officer and a gentleman, was such as to merit my
entire approbation.

" Believe me, my dear Sir, your's very truly,
" M. CHILDERS,
" Late Lieut.-Col. commanding 11th Dragoons.
" To Capt. R. A. Reynolds, 11th Hussars."

" Paris, Sept. 15, 1840.
"My dear Reynolds—l hasten to reply to your let-
ter of the Ist instant, though I am obliged to em-
ploy an amanuensis, for I am too ill to write
myself. 1 am extremely sorry to find that you have
been placed in a situation to require an appeal to me
as your former commanding officer upon such an un-
pleasant occasion, but I can with truth declare my sur-
prise that an officer should be placed in your predica-
ment, whose conduct had always given me so much satis-
faction as yours did, in all regimental duties, daring
the time you were under my command. I think you
joined the Dragoons in 1827 or 1828, and since that
period I have always considered you a young man of the
most gentlemanly feeling, with a high sense of honour,
and always ready and willing to promote hammy
amongst your brother officers, and fulfil your duties with
zeal and ability. I sincerely trust you sill get over
your unpleasant dilemma, with satisfaction to yourself
and all your friends, and believe me,
" Very truly and faithfully your's,
" N. BRUTON,
Late Lieut.-Col. of the 11th Dragoon,.
" To Capt. Ay." Reynolds, Prince Albert's Hussars."
These were followed by letters from Major-General
Sir John Browne, Lieut.-Colonel Smith, late of the
11th Light Dragoons ; Captain Laurie, 79th High-
landers ; and Captain George Butcher, late of the 111.1
Dragoons.

Captain Reynolds
given by Mr. Con yngwhiashednitO Imi e said,Major
or etnok
isnese the paper
given He
etabpz
said, I shall only snake a few observations on that most
extraordinary paper put in evidence by Lord Cardigan.
The difference
between the statement of that paper and
the evidence of Lord Cardigan is wholly immaterial.
Mr. Conyngham or his brother in-law were not the
persons to whom I could express what I felt. What I
did feel Captain John Reynolds has proved. I'am sure
the Court will think the proceeding of Lord Cardigan,
in obtaining by the aid of Major Jenkins, the paper from
this very young and inexperienced officer, very extra-
ordinary, and that it was an unfair means of using it._
first, to cross-examine Lieutenant Conyngham, without
showing him the paper, or allowing him to see it or to
have a copy of it to refresh his memory, and diet
pro-
duce it to destroy his evidence, or credibility `3
mode
of examination not to be tolerated in any court of jus-
tice. „:
dee, Without making any comments, which J
fectly obvious, and will naturally arise in
most are per-
fectly
beg leave, most respectfully, to call thevery mind, I
at-
tention of the Court to this matter, serious

•
Captain Reynolds here closed his case.
Major Jenkins was about being called by thz, Court,
when they determ nod to ;adjourn until ten o'clock to-
morrow morning.