The Sun.
London, England, 1824-01-30 00:00:00

FOR THE SUN.

Ma. EDITOR--Perceiving by the I,OIIdIA
Papers that au attempt is making to impose ott
public credulity by getting up a GREEK LAW,-
totally unauthorised by the Provisional Govern-
ment, I should consider illys,!r neither the friend
of Gr3ece nor of E»,,:;!ish were I .1t)
omit 3tatipt; 'i•Ar fact:, whic`t \.;II unable those
CORCN nid to appr,Niate tlic rocait, of the.preseet
scheme.

111:- isit to untlertakien
for the exP7-cs purpose of ascertaining the reel
nature of Greek struggle :DO the resources
of the country, it was universally agreed by the
members of the Senate and Executive thnt im-
mediate steps should be taken for negociatiu
Loan in some capital of Europe, as affording (J.,
best means of consolidating the New Govetli-
ment, and bringing the contest to a speedy ter-
mination. So scrupulous, however, were all those
leading men with whom I had any communication
on the subject, and so great their anxiety to
avoid the errors into which the infant States of
South America had fallen in their financial opera-
tions, that they unanimously assured me it would
be more gratifying to them to conduct the war
without recurring loans of any kind, than to incur
the character for bad faith which certain specu-
lators in England had brought on some of - the
above States. The best proof I can adduce of
the sincerity of these assurances is, that very ad-
vantageous proposals were received by the Exe-
cutive from Vienna and Naples, relative to raising
money in either of these capitals, while I was at
thatr
, eipmolt
oh ede zeGz a b
00,
fveuprtrnotnhci
proceeding,
eyndt
liegard: ehojeotucitdse dya,
yet
tin the
(()laeiici
bdgeercdooun
ion
on
necessary.

Convinced from all I saw, both as to the march
of Government and the superabundant resources
of the soil, that agents from the Greek Confede-
ration might appear on any Exchange of Europe
with as strong claims to confidence as the most
prosperous of the South American Republics, I
had no hesitation in recommending the early ap-
pointment of a mission to the Continent, for the
purpose of negociating a loan ; and as this had
already been contemplated by Prince Mauro-
cordato, as Secretary-General to the Govern-
ment, there was the less difficulty in acceding to
the proposal. The project of a decree having beoti
presented to the Legisla-tive Body in the early
part of June, accompanied by a message recom-
mending the contracting a loan, for the service
of the Coi►feration generally, it was discussed for
three successive days, and passed into a law soon
after. A mission, of which Giovanni Orlando of
Hydra, late President of the Legislative Body,
and Andreas Luriottis, were members, was next
appointed, and would have set out much sooner,
had not all the attention of the Government been
taken up with the operations of the campaign.
No sooner, however, had the enemy been de-
feated at every point, and driven from the seat
of war, than it received orders to proceed to Eng-
land : as the last accounts stated that the Greek
mission had embarked in one of his Majesty's
packets at Corfu in the latter end of November„,
there is little doubt of its almost immediate ar-
rival, if not already landed on our shores.
As to powers either to contract a loan, or for
any other object, being granted by the Confede-
ration, except to the mission above alluded to, it
is utterly devoid of truth as well as probability ;
nor is it necessary to add, that it would be the
very height of injustice to consider the Greek
Government as responsible, in the remotest de-
gree, for any money that might be advanced on
the present untenable scheme.
To you, Mr. Editor, who have marked the fatal
effects arising from that u►►accoutable facility
with which Capital has been for ever withdrawn
from this country, for purposes directly hostile to
British interests, I will not expatiate on the im-
portance of endeavouring to avoid impostures,
such as those which have been practised on our
capitalists, in two or three cases, still fresh in
public recollection. With respect to the claim()
of the Greek people to borrow, and their means of
repayment, these will be set forth in due time,
and enable the public to estimate their merits as
they deserve. Of one point they feel assured : it
is, that if the Greeks are as scrupulous in repaying
their debts as they have been in borrowing, de-
ferring it till their unexampled and arduous con-
test has been brought to a triumphant close, their

cretin wilt -de-seri:6 to—beatran cTvantageous Com
parison with that of the best established Govern—
ments of Europe.

Dublin, Jan. 2S.

I am, &c.
EDWARD BLAQUIERE.

ANTIQUITIEs.—In ploughing up a field at
Leys, near this place, the ploughman found a rod of pure gold,
about 15 inches long, with three sides, each about 1-Bth of an
inch deep. In the middle it is twisted,and terminated by alien's
similar to a shepherd's crook, in very rude workmanship. It
was purchased at 4/. 10s. by Mr. Naughton, jeweller; and is
now in his possession. Some additional pieces-of the same de-
scription have since been recovered by Mr. Naughton; and
on connecting them, and inquiring of the labourers as to the
manner in which they were found, they seem to have formed
one piece of about 18 inches long—depth of the sides 1-oth of
an inch—and to have been twisted exactly after the fashion of
the worm of a cork-screw. It was found in a field which ha,-
been long untitled, in the close vicinity of the Druid's Tenipli:
at Leys; and a conjecture has been offered by a neighbourinr
Gentleman who ranks high in his knowledge of these matters.
that it is likely to have been used in suspending vessels wit! ,
incense employed in certain religious rites. This would lexl
one to suppose that it must have originally belonged to. thos;.;
of the Ilomish Church, for we do sot think that the Druid
possessed those refined modes of worship.— ( Inverness C‘u-i,
Jan. 22.)

INDIA.

MILITARY PUNISHMENT.
SUPREME COURT.

CALcuzz. A.- Tuesday and Wednesday Jilly 22, 23, 1823.
FIRST DAY.:-Before the Hon. Sir 4.._lltkm.zit,

SECOND DAY.—Before the Una. Sir F:IIcIsiAuOFITEN, and
, ROLLER.

SOOUTEE XHAN v:4,-; A. WtSiOl:, JOHN DItiBY COX, AND
• '• ALAXANDXIt. THOMAS.
Cnaßig opened the proceedings.
r.
TURTON said that in addressing the Court in this case,
it was with great, reluctance that-he should make any remarks
on the eseeiteet of the defendants, an& although he rever did
aaeh that a .ceee eritrusted t 6 him should fail; yet if he ever
• ceald entertaiasa wish of that kind, he should apply it to the
pet to which Ile non, had the honour of drawing his Lordship's
' Intersticnah Btit if he were rightly instructed, the Learned
Coneteel said, it ias impossible . for him to fail. He would
only state a plain 'matter of fact case, but if the actioniecom-
Vained by the plaintiff were true, then he was sure that his
eacrdship ,could consider it one of great oppression, and he
mild only express his sorrow that Major Weston and the
other defendants should be implicated in such a case.
The plaintiff in this case had been Mess Khansamah to the
walcera at Barrackpore, and together with a Cazi and Chop-
wide had been dismissed about 10 months before the outrage
:ocl place, These-two people wanted to petition Geueral Del-
sell, and die plaintiff having assisted them in getting their pe-
einceis written, they gave them• to the bazar serjeant, and he' to.
Major Weston,- On receiving the petitions, Major Weston
asked who had recommended them to present these petitions,
and they told him the plaintiff. Upon this Major Weston sent
out a party to find him, and if he were in cantonments to bring
trim before him, but if not, net, to mind about it. He was
'found and imprisoned, and after being tried by a court mar-
tial was sentenced to 70 lashes on his bare back. The Learned
Counsel *as not so conversant with thepower of the Military,
or of Magistrates in the Mofussil, but he had yet to learn that
:hey, after having discharged a man for ten months, could
again punish him if he were found within their fairy ring, or
Passing the limits within which-they held ruleaby the sum-
mary mode of a court martial. The- man was found, as he
had already stated, within the cantonments, his place of resi-
dence for 10 months, and wits it to-be supposed, that because
the plaintiff' had once been discharged from the service of these
gentlemen, he was never after to set his foot within the canton-
mints ? His Learned' Friend would say, that there were rules
and regulations applicable to this subject, and he no doubt had
lately refreshed his memory on the subject, although well
eeeugh acquainted with them at general times.
The Learned Counsel had heard it whispered, that although
his Learned Friends had pleaded the general issue, they fins-
gined they could justify under the Mutiny Act. Suppose the
'use to be as he had been given to understand, the Learned;
Counsel contended that they could not Native their power from
toe Mutiny e‘.ct, nor was there any time when the British Con.
stitution committed the persons and properties of British sub-
ecee to military rule. .If they possessed the power, they must
derive it from the Governor-General, but the GoyernoraGene-
mill never had the power to alter the British Law, he never had
the power to say that a person in a civil situation should' be
tried by military law. his -Learned friends must plead the
kcal law, if they wished to over-rule the Court.
His instructions stated, the Learned Counsel said, that the
plaintiff was on the sth of January, the day on which he meant
zo submit the petition, taken to a bungalow. When he got
there, a few questions were asked him, and he was given in
charge to Mr. Butler. A second time he was brought up,
and a second time remanded in custody of the bazar guards.
On the Bth he was again taken to the bungalow of Lieu-
tenant Thomas, where he found a Council or Court
martial assembled, consisting of Lieut. Thomas and five native
officers. The Learned Council would pause here for a mo-
ment because he had heard it said, that Lieut. Thomas was not
responsible,—that he was only the mouth of the Court, but he
(toe Learned Counsel,) asserted that Lieut. Thomas held two
situations in that Court, for he was Judge Advocate and Pre-
sident. There was no difference in the persons present,—they
ail agreed to find him guilty of something of sa-thich he had
never heard—he did not know when he was brought up that it
was for the purpose of being tried, and at last he heard himself
tae that he was found guilty, and coolly sentenced to receive
-70 lashes, and all this, for sooth, because he had the impudence
-to enter the bounds of the officers. On the Bth, the Court ad-
ourned, and on the 9th, the prisoner was taken away to be
punished. On the evening of this day, the order came for the
plaintiff to be punished. It was not couched in the usual
terms, and the native officer very properly refused to comply
with it. Soon afterwards Lieut. Cox came and took him from
the guard to he punished. The punishment was not inflicted
in the usual manner; his crime was not told him, and when he
was punished, Lieut. Cox stood by, and told them to lay it on
well. It was well known, the Learned Counsel observed, that
no People were so obedient as soldiers, and of all soldiers, sepoys
were the most obedient, and there could be no doubt that a
sepoy drummer never laid on so well as when he was told by
:as o acer to lay on. The plaintiff received his 70 lashes, and
before he recovered his usual health, he had spent 2.50 rupees
ir. dOctors. This was not a case to be trifled with. 'The Learned
Ccunsel would not embody his own personal opinions with the
uses ; he was no declaimer against military punishments : that
matter he would leave to other's who understood it better to de-
cide, but he had a right to say, that when a man suffers a punish-
ment, and an unjust punishment too, the disgrace of it ought
to give him damages, and if it were inflicted with more than
or linary severity, then he was entitled to large damages.
There wassone subject more to which the Learned Counsel
would draw the attention of the Court. It must be proved that
the plaintiff was subject to the tribunal before which he was
brought, but if even this were proved, he would defy his.
Learned Friends, with all the advantages which their official
situations afforded them, to say that they had a right to inflict
79 lashes. He would shew that the sentence was illegal, and
that the utmost which they could inflict was 50 lashes. And
here it was not as in some other cases, that what was
good of a part was good for the whole, for if any one
blow of these 70 was illegal, every one of them was
so. He had heard it said, "Oh ! these fellows do not care
about it. It is no matter whether he had 50 or 70 lashes;"
but to this he had always answered by asking the assertor of
those words ' • what he would take, at the time his back was
reeking with 50 lashes, to receive 20 more ? He would put the
question of this case in any way; he would put to the defend-
ants to say upon what authority they inflicted this punishment;
he would say that the plaintiff was not liable to their tribunal;
ano he would suppose him liable; but that was only to the ex-
tent of 50 lashes. The defendants were offenders ab initio, and
the Learned Counsel said that his client had a right to such
damages as such a case would warrant. This was not, Mr.
Turton said, a case of slip ; of a mere error of judgment, for a
slip or an error of judgment could not be considered when it
increased the punishment of a fellow creature. It was not
enough for people entrusted with the power of punishment to
believe they are right, they must know they are right. This
was rendered incumbent on them by the Regulation of 1018.—
In this case the man protested at the trial; he said that his was
no trial.—but whether there was a trial or none : and if there
were, whether that trial were legal or not, they ought to know
the extent of their authority, they ought to have turned to the
Regulation to see how far they could go. (The Learned
Counsel then referred to the Regulations for the punishment of
camp followers.) Where, he would ask, was it to be found in
these regulations that a khansmah, or private servant, could be
thus punished.? Hit were said in reply that he drew pay from
an officer, he would ask whether he did so at the time of the
infliction of this punishment ? Did the 4th article say, that if
a man once became a menial servant, from that time forward
he was subject to a court martial? or did it refer' to him only
during the time he was in that situation ? If he had run away
to avoid the punishment, there may be some excuse for its in-
fliction ; but he had never run away ; and he had lived in
cantonments for the last 10 months on his own means. Did
this render him liable to the tribunal before which he was con-
demned? His Learned Friend could only throw himself on
the mercy of the Court, but he knew that his Learned Friend
was as game as any man he ever knew' and none would lead
a forlorn hope better than he.

In conclusion the Learned Counsel would remark, that 50
lashes was the utmost these defendants had a right in any case
to give, and in this case they had no right to inflict any at all.
lie knew that if any of the blows were wrong, they were all
wrong. Under these circumstances then, he left the cause in
the hands of the Court, and only asked such damages as gen-
tlemen ought to pay, who were intrusted, with the property of
other individuals, and who neglected to make themselves ac-
quainted with those &Tendons which were intended to guide
them in the discharge of their important duties.

Viliiam
Butler was then examined by Mr.. CLARKE.—
Knows Major Weston, Lieut. Cox, and Lieut. Thomas. Major
Weston is Brigade Major, and the other Lieutenants in the
Company's Service. Witness is a British subject, and believes
the others are so likewise.

Jodi Chuprasie, examined by Mr. TUR TON.—WitIIeSS lived
f.sr some time at Barrackpore, but the Brigade Major turned
him out of the cantonments ; this was about a year ago ;
got a petition addressed to General Dalzell, which he gave to
Soortee Khan ; witness had been 13 years in the service when
lt! wss turned away ; he kept a shop for 30 years which was
shut up at the time ; he thinks that it was in Magh that he
gave the petition to Soortee Khan to give to the General ; be-
sides his own, plaintiff'had two other petitions, one of Ourrio's
a d another of the cazi's ; these were given .to him at the same
1j ; does act ka"ow whether they were given, to the Brigade

Major or to the Bazar Serjeant ; accompanied plaintiff no
where but to the council ; by the council means the meeting
of the gentlemen and the sirdars ; thinks this was on the 6th
Magh, but as he cannot read and write, does not recollect clear-
ly ; he knows no one but the Brigade Major ; went to the coun-
cil, and remained there for a minute or two ; the gentlemen
and sirdars investigated, but he does not know what.
Cross-examined by the ADVOCATE-GENERAL—Does not
know whether Soortee Khan was rich or no ; he was formerly
Khansamah for the mess; does not know where he gets money
from for this action ; does not know Sain Chuckerbutty ; wit-
ness had no house in which to live, and SOortee Khan came to
him out of cantonments Ihe came when he took his walks once
or twice ; witness told him he was in great distress, and asked
him to give a petition to the General ; plaintiff told him he had
a friend in the General's service who spoke English, whom he
had feasted and spent money on ; he told him he would put
him in the way of getting a petition forwarded, and told him to-
go to a man, whom he named, at Serampore and get it written
there ; plaintiff gave him no instructions what to say in the
petition, nor any thing else about it ; what he got written
was of his own accord • Soortee Khan told every body he
would turn the Kotewal out, and get his place ; he said
that a Berhampore a council had been held, and that the
Kotewal who had been turned out there had run away and

come to Barrackpore to spoil the market, lie said this
when he was in prison ; he said, you give me a peti-
tion and whatever is your right you will obtain it; he pro-
mised to present his petition but said nothing about giving him
aid ; he looked to Soorte Khan as his only resource to help him;
could not go to the bazar ; cannot recognise his own petition ;
does not know who the sirdars were who composed the Council :
two gentlemen and the sirdars were there ; he does not knoi
them.

Re-examined by Mr. Cie., exE—Chtrprassies were sent after
Soortee Khan, and lie was given in charge to the Kotewal ;
after this he was carried by the Kotewal, the jemidar and the
ehowdree befote the Brigade Major.
In reply to the ADVOCATE GENERAL.—Plaintiff lived for-
merly in cantonments, but since the time of the beating he
went out • when the petitions were written he lived in canton-
ments ; he sought for employment in the bazar; he had been
Khansamah to the mess ; he did business in the bazar when-
ever he got it from any one; does not know Lieut. Haslam ;
he did not know that plaintiff was in his service a few days be.
fore he was turned out of the cantonments.
In reply to Mr. CLARKE.—The Kotewal told him that the
gentleman would give him his house and situation again, and
the gentleman said the same, the Kotewal told him the gentle-
man said so, and added, 1 tell you that you must say that
Soortee Khan gave you the petition, and that you acted from
his advice ; if you do not, lie will give you 200 lashes and turn
you out;' the Kotewal did not say so in the presence of the
Brigade Major.
Cross-examined again by the ADVOCATE GENERAL.—The
persons who apprehended plaintiff are in the service of Govern-
ment ; they are under the Brigade Major; he has said now
what he said at the Council ; he said there more than here ; he
spoke truth on both occasions.
William Butler was examined by Mr. TURTON.—He has
been bazar serjeant ever since the 16th Sept. 1819 ; he was on
duty on the 4th or sth January last; when he received the
letters from Soortee Khan, he gave them to Captain Weston,
who was Brigade Major; plaintiff said he was afraid of keep-
ing them ; he delivered them to Major Weston ; 'thinks he re-
ceived them on a Saturday, and gave them to Major Weston
on a Sunday ; never received any orders ; Major Weston
seemed angry that he had kept them so long; he then desired
the pains to call Soortee Khan to him : but if he were out of
the cantonments never to mind ; thinks he ordered his two or-
derlies to go with the peaddus; does not recollect whether he
saw Soortee Khan again that day ; heard he was in the bazar
guard ; saw,him go past his bungelow to prison ; two peadus
and some sepoys were along with. him ; believes he was
four days in confinement ; saw it in book orders that he was
to receive 70 lashes; saw Soortee Khan at Lieut. Thomas's
bungalow, at the time of the Court-Martial,which sat two days,
witness was examined before the Court-Martial; does not re-
collect immediately what were the charges, but believes for
breeding disturbances in the bazar, and for giving witness pa-
pers ; saw Major Weston go in, but does not know whether he
remained ; plaintiff received his punishment and was sent out
of the cantonments; did not see him punished, but heard the
noise of the strokes ,• he used to attend by order at the bazar
punishments until this time ; on this occasion the officer on
duty was ordered to attend ; station orders are signed by the
commanding officer ; no order except that issued with the
Court-Martial was issued ; it is circulated in the battalion or.
deny book, which is shewn to all the officers; believes it is in
this manner that officers are made acquainted with orders for
them to see a punishment inflicted - thinks that on this occa-
sion Ensign Codrington was officer Of the day ; never knew an
instance before of an officer being ordered to attend a bazar
punishment; two drummers usually attend; does not know
how many attended on this occasion ; a tom-torn is usually
beaten when a punishment is to be inflicted ; the eause of the
punishment is told ; it is repeated at the conclusion of the pu-
nishment as a warning to others; cannot say
that he heard the
tom-tom on this ; he may have been 100 yards distant at the
time the punishment was inflicted ; witness bent to let prisoner
know that he was to be tried ; did so in consequence of book
orders ; did not tell him his crime ; believes it was the duty of
the officer of the day to do so, it is the custom to give notice in
writing when an European was to be tried.
Cross-examined by Mr. 11lostET.—He has known Soortee
Khan for some time ; has seen Lieut. Haslarn : does not know
whose service plaintiff was in ' • cannot say that he was riotous
in the bazar ; he was confined before for carrying tales to Col.
Popham ; Major Weston has complained of him ; he has al-
ways gained information when he was to attend punishments
from the station book; these orders are issued by the com-
manding officer ; thinks Ensign Codrington was officer of the
day-; many people were standing by when the punishment
was inflicted ; heard no noise, except that of the cuts ; the torn-
torn may have been beaten both before and after the punish-
ment; does not know where Major Weston was, but he was
not in his bungalow at the time ; plaintiff lived at the time of
the punishment in the bazar ; he was a khansamah,
and was frequently in the bazar ; he was not a noisy
caballing man ; orders were once given that no one
should conspire against any of the Authorities of the
bazar ; gets his orders relative to the bazar from Major Weston
as Major of Brigade; cannot say that the petions given him
by Soortee Khan, are those now shown to him ; Jodi had
been turned out of the bazar but the Cazi had not; Gunoo,
who had formerly been in the bazar, had been also turned out;
does not know why ; at that time they were only turned out_of
the bazar ; does not General Hardwicke's writing ; the two
last men were turned out in February.
Ram Bukhs Dubi, examined by Mr. CLARK.E.—Is a jemi-
dar of the Ist Battalion 23d Regiment. He deposed to having
received orders from Major Weston to apprehend Soortee
Khan, to the execution of those orders; to his imprisonment;
the proper persons received notice of this • to the circumstances
of the court-martial ; to an application being made to him by
the kotewal to deliver up the prisoner, which he refused to com-
ply with ; to his subsequently being delivered up to the officer
Of the day ; to the punishment ; to not having heard the tom-
torn ; and to his leaving the place in an exhausted state.
Cross-exainined by the ADVOCATE-GENERAL.—Did not
know Soortee Khan until he saw him in confinement, and never
heard any thing of him before.

Sheikh Bukhshu, examined by Mr. TURTON.—L4 a drum-
mer in the 2d Batt. 23d Regiment. He deposed as to his hav-
ing received orders for punishing him, and to his having obeyed
them. He .aid that four drummers were present on the occa-
son, but only two employed ; two officers were present ; one of
them was Lieutenant Cox, the other the officer of the day ; the
former acted as interpreter to the latter, and told him to lay on
'well (uchlia turiff se !iglu) ; the punishment was inflicted in
the usual manner. Nothing occurred either in his examination
or cross-examination, of which the above is the substance, con.
contrary to what had been stated by the other witnesses.
Khoseal Khan, examined by Mr. CLARKE.—Said, in addi-
tion to what had been stated by the other witnesses, that after
the punishment plaintiff was turned out of cantonments, and,
that at the time of the investigation, when the prisoner at-
tempted to say something, one of the gentlemen cried out,
" elistuprao," but he could not state what the plaintiff said, as
he was outside the wall.

In his cross-examination by the ADVOCATE-GENERAL, he
said that the bazar punishments which he had seen before,
when the bazar serjeant was present, and the tom-toms were
beaten, were for petty theft.
Ham Shichal, examined by Mr. TURTW..T.—Witness de-
posed to a conversation between Major Weston and plaintiff
on the subject of the petitions, which ended in his being sent
to the guard. At the investigation Major Weston and Lieuts.
Cox and Thomas were present.
Nothing particular was elicited from his cross-examination.
Sheikh Doman, examined by Mr. CLARKE—deposed as to
having witnessed the flogging, and the expulsion of the plain-
tiff from cantonments.

Situl Bandy, Muyur na Deen, and Jehan Khan, native offi-
cers of the regiment, swore to nearly the same facts as the be-
fore-mentioned witnesses.

Sheikh Mahomedali, is a doctor living in Colinga ; attended
Soortee Khan in Poos last; he had sores in his back from hav-
ing been flogged ; he was in a bad condition from having been
cut; he attended him something less than two months ; has
received from him already 204 rupees, and is entitled to 64
more; this he has promised to pay him when the trial is over;
the contract was for 250 rupees.
Cross-examined by the ADVOCATE-GENERAL.—Plaintiff
promised him 250 rupees, and still owes him 46, and when he
asked him for it, he makes a thousand excuses ; does not know
what h. income is ; thinks about 400 or 500 rupees a year ;

got 225 rupees from the Governor-General's jemidar for curing
him.

This ended the case for the plaintiff:
The ADvocATE-GEsiEnAi. then rose for the defence. His
Learned Friend he stated, had began by observing that he had
an ur.pleasant duty to perform in opening his case against these
gentleman, but if he had to defend them on account of any
abuse of power, his duty would be much more painful than
that possibly could be which had been anticipated by his
Learned Friend. But he had indeed heard of no abuse of
power in his client. He had only heard that it was Major
Weston's duty to take charge of the prisoners until their
trial, and that he had done so. Major Weston had not
been the prosecutor of this man ; he had only given his
evidence against him, and what he said on his word, or his
oath were to be equally believed. It would be quite gratuitous
for him to say that there was no charge of malice against Major
Weston ; he should, indeed, be ashamed to say any thing in
his favour, on this occasion, and as to the two other gentlemen,
there was not any thing at all against either of them. All that
was in evidence amounted to this, that Major Weston had
or''' red hi:n into custody : that he had been a witness against
; that he had been tried by a Court Martial and punished,
and that after the proceedings of the Court martial had been
closed, Major Weston came to Calcutta. And all this, too,
had been done under the orders of Colonel Broughton.
'ln the preceedings before the Court-Martial, a man,
named Jodi, had been examined, and it was at his instiga-
tiln that proceedings had been instituted against the plaintiff.
This Soortee Khan was a common disturber, and it was more
difficult to bring a common disturber to justice than any one
else. This Jodi gave notice to the sergeant that there were
cabals in the bazar, for the purpose of complaining of the offi-
cers at Barrackpore. He was unwilling at first to disclose what
he knew, but at last he did so, and saying that he would no
longer be the tool of this man in doin,l wrong, but that Soortee
A nan had incited him to write a petition and said that he would
forward it for him.
If Soortee Khan were a military man, his conduct must be
inquired into ; God forbid that this client should intercept an
unfortunate man on the road to justice, but if the charges were
false, and the conduct of Soortee Khan as it had been described,
it was infamous,—it amounted to a conspiracy ; the petition
could not be said to have been intercepted,--they had, as well
as the sentence, been laid before Colonel Broughton and Gen.
Dalzell, who both approved of it.
Some time ago in order that frivolous charges should not be
made against people in authority, it was ordered by the com-
manding officer that no one should cabal or conspire in the
bazar. Major Weston laid theee petitions before Col.Brough-
ton who ordered the proceedings which ensued upon them.
The Government of this country which was Supreme, had au-
thority to make regulation without an Act of Parliament, and
they had done so. If they had not this power, how dreadful
would it be, and by virtue of having done so they declared all
persons living in the bazar, to be under the controul of the mi-
litary power, for if they were to be under the civil power, there
would be a perpetual class between the two. It was their own
choice that they had lived in the bazars, and even after having
been registered, they may withdraw their names at pleasure.
Any local regulation of the commanding officer, by which
they were made liable to the bazar regulations, made them
liable also to the local regulation. They could not escape by
leaving their situation for a few days, and then living in an-
other.
If he could not prove the prove the prosecutor, the Learned
Counsel said, to have been in service up to the time of his ap-
prehension, but only up to that when he committed the offence,
this would be sufficient to prove him under the jurisdiction of
the bazar regulations. Now the fact was that Major Weston
being very active, had become obnoxious to the people, for
whose benefit perhaps this law had 'been made. It had been
made by the Marquis of Hastings when he lived at Barack-
pore, and of him he could safely say, that he was not only a gal-
lant soldier, but a man of the kindest heart, who would not
lend himself to any thing like an act of injustice. This regula-
tion had not been made in a corner, but the head-quarters
of the Governor-General, and it was to this regulation he con-
tended, that the plaintiff was liable and under which he had
been tried.

The Learned Counsel then proceeded to state that there was
no justification set forth in the plaint, and he contended that it
was unnecessary, for he would prove by and bye, that nothing
had yet been brought forward to intitle the plaintiff'to a ver-
dict. By the 12th of the 21st James Ist, the power of direct-
ing a Court-martial gives the power of taking into custody, and
the 15th, ch. 42d. Geo. 3d. sec. 6th, after reciting the Act of
James, extends it to all persons capable of taking into custody.
This covers every person who had the right of taking into cus-
tody, and the same moment that he proved the regulation
regarding camp-followers, that same moment he proved
them liable to the rules and regulations issued by Colonel
B rough ton.
It could not be doubted that Colonel Broughton had power
to hold a Court-martial, and it could not be doubted that Soor-
tee Khan voluntarily made himself liable to the regulation.
Major Weston arrested him by order of Colonel Broughton,
and thus only did his duty, and the moment that he was com-
plainedthroughout eftheie apprehend him. Major 'Weston
Suite guiltless of any thing improper,
lie acted under superior orders, and if he had disobeyed Col.
Broughton, he could not only have been broke, but would have
rendered himself by so doing liable to death.'
haatiditairrwitt
qtwo
To say that
Major Weston had any thing to answer for . was most extraor-
dinary. The Learned Counsel wished to show that every thing
was fair and above-board, anti that there was no concealment,
and this brought him to one of his Learned Friend's interlo-
cutory speeches, that they did not tell the bazar people what
the plaintiff was punished for, because they did not know what
to tell. But the sentence was entered in the minute book, and
sent to Government, and he asked how was it that they were so
ready to shew it to the Government and not able to tell the'
bazar why he was punished. If they wanted to disgrace a
man, they beat the tom-toms, and not else, and then they had
four drummers to give the 70 lashes. To attempt to make
any thing of this, was quite absurd, for although four drum-
mers were present, it appeared that two only performed the
punishment, and that one had first given 25, and then he was re-
lieved, and the balance, the other 20, given by the first drumer.
Again, the absence of the bazar-sergeant had swollen into a
charge of immense magnitude, but lie was only present, as ap-
peared by the evidence, when punishments were inflicted for petty
theft. But this was a frivolous circumstance, and he was certain
would have no more weight with the Court than it deserved.
How Lieutenant Thomas came to be included in this charge,
it was impossible to say. One witness had said, that it was
his duty to advise them on the law, but if he had made a mis-
take he could not be called to an account for it. There was
no Court which could inflict a fine or other punishment upon
him, for no Court had power over a Court Martial. Lieut.
Thomas was under the commanding officer, Col. Broughton,
and if he had enlarged the prisoner he would have done wrong.
He could only have sent hint back where he had been before,
and as he had done nothing at all, the Learned Counsel con-
tended that Lieut. Thomas was also entitled to a verdict.
Lieut. Cox's bungalow was more convenient than Lieut.
Thomas's, and therefore the Court-martial was held there.
The drummers said that the officer of the day could not speak
Hindoostanee, and that Lieut.- Cox interpreted for him. What-
ever offence Ensign Codrington had committed, Lieut. Cox
had committed none. He had only acted as interpreter, but
perhaps it would have been better if he had left it alone. It
was said that he had spoken to the drummer, and if it were
true, as it sometimes was, that the execution of their duty was
a mere matter of form, then it was the duty of the officer to
speak to him, and as the evidence now stood, helelt himself
entitled to a verdict for Lieut. Cox.
The evidence given by Jodi to-day was, that he had been
incited by Soortee Khan to send the petitipns to the General;
before the Court-martial he said, that Soortee Khan came to
him fifteen times, and told him that he had a friend who spoke
English in the General's house, on whom he had spent money
to the amount of 12 rupees, and that he went, and by his direc-
tions found out the writer at Serampore ; that he was entirely
'guided by Soortee Khan in what lie wrote, and. that he did so,
because he promised to get the kotewal turned out, and get
him back into the bazar. There was another witness also called
Gunoo, who had given the same account, but he could not be
found, as he was now up the country. On the evidence as it
stood the Learned Counsel contended, 'that he was entitled to a
verdict, and this without reference to the evidence which he
was about to produce.
[ln reporting the evidence for the defence we have condensed
it as much as possible without impairing its sense.]
Colonel Broughton examined by Mr. MONEY.—Witness
belongs to the 11th Regiment; Major Weston is Major of
Brigade; perfectly recollects giving directions for a Native
Court-martial in January last; Alajor•Weston reported to him
that he had received information of a conspiracy that was formed
against him.
Mr. TUUTON objected to this evidence, and after some con-
versation,

The BENCH resumed the examination. it was customary
for the Brigade Major to send chuprassies to bring any man to
him against whom a charge is made.
Cossmath Chuckerbutty examined by the ADVOCATE-GE-
NERAL.—Produced the books of the bazar registry; the name
of Soortee Khan is there ; he knows him ; he is the plaintiff
in this case ; he is registered as a khansamah ; the book was in
the office when he went into it ; this was about two years ago ;
has seen plaintiff in cantonments where he lived.

Several other witnesses were called, and Col. Broughton was
re-examined. The former stated that it was generally known
to every one that all persons living in the bazar were registered,
and that they had in their power to withdraw their names when
they pleased. That of the latter tended to prove that Major
Weston acted under his orders, and that the sentence was ap-

; proved and confirmed by him, and subsequently by General
Dalzell.
Mr. TUnTON then rose to reply. He was happy, he said,
that an opportunity was afforded him of replying to his Learned
Friend. For himself, he could say that he was the only per-
son on his side of the question, who was anxious both from
public and private reasons to put a stop to the case and finish it
quietly, and he said now, that if a fair and honest compensa-
tion had been offered to his client he would have thrown up his
brief, and the attorney would have done the same. But he
contended, that when an improper or illegal punishment had
been inflicted on any man he had a right to a compensation.
If he, in the course of his address, should make use of any
warm expression, he would be under the correction of the
Court. But he felt perhaps with the partiality of the Counsel,
who was convinced that he was entitled to damages, not to
vindictive damages, for them he never asked. But he would
call this transaction as far as one of the defendants was con-
cerned, aggravated, and as far as the others were concerned,
not so. The disgrace of the punishment too was not slight.
if he acknowledged the jurisdiction, he denied the right of the
defendants to inflict 70 stripes, and if the plaintiff had received
20 more blows than he ought to have received, he was entitled
to damages for them. lie wanted to shew that his client was
not the factious individual he was represented to be, and that
he had a right to come here. He had never heard of but
one mistake equal to this, and that from Joe Miller, of
an Irishman who swore that he saw anchovies growing
on the walls of Gibraltar. This of course was for some
time doubted, and he as resolutely persisted in it, until
one day being shot, and on the point of death, he re-
membered his mistake, and cried out, " Oh, the 7 were ca-
pers ! they were capers !" And so it was with his Learned
Friends ; they had torn the flesh off his client's back, and then
turned about and said ; Oh ! it is a mistake ' • we gave 70 in-
stead of 50 ; if we had not done so, his back would not have
been torn, and on account of their mistake, this poor kliansa-
mah must put up with the flogging, and go without damages.
The Learned Counsel would now remark briefly upon his
friend's address. Major Weston had certainly stopped the
cause of justice, for the petition had been put into his hands to'
convey it to the General. Not an iota of proof had been
brought that the petition was false. The charges against the
plaintiff had been drawn up by Major Weston, and this was a
grave charge against him. Was it not the duty of the presid-
ing officer to say that these charges were totally false ? to say
at least that they ought to be proved ? There was no great dif-
ference between the testimony of Jodi here, and at the Court-
martial, and the Learned Counsel had a right to say, that his
oath to-day was equal to that on a former occasion. He might
think that if he gave his evidence in one way, he should oat
back to his own house, and he had sworn that Soortee Khan'
had induced him to do it. And he could say thus much for
his Learned Friend's argument, that this man had at the insti-
gation of a troublesome fellow, uttered such charges as got him
his house back again.

There was one circumstance, the Learned Counsel said,
which he had a right to revert to, to spew there was something
extraordinary in the.case. When a punishment did not pro-
ceed from revenge, it was given out at the bazar, and all of-
fenders were punished in the same manner. It was strange
that a man should be punished in the bazar for having pre-
sumed to present a petition to Gen. Dalzell.
There had been a great flourish of drummers, but the Learn-
edof heart put a book into his hand,,
w
yt. The strength of the drummers
Counsel said he had made none. His Learned Friend, how-
tutsetritapatliprcipesteared that they had rested between
de viidieircn,hohtsaeadtptiphneeaprinu,rabe im
whiles. Ile should like to have had it explained why four
drummers did not act. It appeared that one of them had been
we
twenty years in the service, and perhaps the other two would
throughhal eb
ereengrth -eeeintwithi°olltede of cannot follow the Learned Counsel
'if they had not been too
oung. We
much
his humorous address to the Court, and
obliged, however unwillingly to pass this over,
once to his review of the evidence.
his remarks on the evidence as it applied to the several defend-
ants. We
alid'veoratreat
The Learned Counsel stated that he had brought what
he thought necessary to the notice of their Lordships, and
' he depended for justice upon their Lordships.—When he
read the Act of Parliament—when he read the preamble
to it, which stated that great injuries had been done to
then nativesstanooa o. f this country, and when he considered the cir-
under which the Act was passed, he felt that they
had a peculiar ,claim on the Court. The military law would
o
m
apply at home as well as here, and although he cleared the
defendants from all improper motives, he claimed a verdict
against the subjects of Great Britain, who did not think it
worth their while to make themselves acquainted with the
duties they had to exercise and the rights they possessed.—
With regard to damages, he would, as he said in his opening
speech, be satisfied with what his Learned Friend would take
for twenty strokes on -his bare back, after having already re-
ceived fifty.
Sir F. MACNAGHTEN, in giving judgment, said, that there
could be no doubt that there had been an unintentional excess
of twenty; and he would go further and say, that if there was
a man who, front malice, gave him the additional twenty, he
would give 10001.; or, if that were not enough, 10,0001. for
each: and if he could trace it to malice or any thing like, be
would do the same. As it was, however, he was pleased the
action had been brought so as to fail. This application, he
thought, had been made on behalf of an injured man, who
was at any rate leeply concerned ; and the defendants would
be utterly devoid
of humanity, if they did not allow him a
compensation cut of their own pockets.
Colonel Broughton took the blame on himself; and if the
action had been brought against him, the plaintiff must have
had damages ; and this Court was bound to see people keep
strictly to their duty, and as long as he sat there he would see
that they shsuld do it. He regrets that an application was not
made to Colorel Broughton; and if it had been done, he had
no doubt that a suitable compensation would have been made.
The only question was, whether the gentlemen accused in
the plaint ore liable to be brought here for the excess of pu-
nishment which the plaintiff had endured. His opinion was,
that they were not ; but before he decided, he thought it was
only right to say that there was no doubt that the plaintiff is
liable to the jurisdiction of the Court he was brought before.
The application ought not to have been brought into this
Court at ail ; it ought to have been against his own peers—his
own countrymen ; for it was they who awarded the punish-
ment ; and if lie had been wronged, he ought to have applied
against his own countrymen, and not against British subjects.
There 'could be no doubt but that the plaintiff was amenable
to the Court of Barrackpore. If so, there could be nothing
improper in his being brought to trial.
Under all the circumstances, Sir F. Macnaghten, whose
speech we have much c,rtailed, declared that he felt it his duty
to give a verdict for the defendants, in which judgment Sir A.
Buller fully agreed.