The Sun.
London, England, 1841-04-15 00:00:00

FIVE NATIVES PUT TO DEATH BY A BRITISH OFFICER

WITHOUT TRIAL.

Head-Quarters, Bombay, March 24, 1840.

At a General Court Martial, assembled in canton-
ment near Poona, on Monday, the 30th day of December,
1839. and of which Major G. Browne, of her Majesty's
41st Regiment, is present ; Lieut. William Gibbard, of
the 16,h Regiment Native Infantry, was tried on the
following, charge, viz.:—
For highly irregular conduct, most disgraceful to the
character and reputation of an officer, in having, be-
twixt the 22d and 31st of December, 1838, at or neat
the village of Kowtannee, within the State of Sawant
Wares, when in command of a detachment of troops on
duty there, atrociously caused five persons, who had
been taken prisoners by a party of irregular troops
under his command, to be summarily put to death, by
being shot, without due authority and warrant for so
doing.

Adjutant General's Office, Bombay, 27th Sept., 1839.
By order of the Commander of the Forces.
(Signed) STRATFORD POWELL,
Lieut.-Col. Adjt. Gen. of the Army.
Upon which charge the Court came to the following
decision :

Finding.—The Court having maturely weighed and
considered what has been adduced in support of the
prosecution, together with what the prisoner Lieutenant
William Gibbard, of the 16th Regiment Native In-
fantry, has brought forward on his defence, is of opinion
that he is guilty of the charge preferred against him,
with the exception of the word " atrociously," and that
" four" instead of
"five" prisoners, as therein specified,
were put to death.

Sentence.--The Court having found the prisoner
guilty, as above specified, doth adjudge him, Lieutermat
William Gibbard, to be dismissed the Honourable
Company's service.

(&gued) W. OGILVIE, Major, Judge Advocate
General.
(Signed) G. BROWNE, Major and President.
Approved and Confirmed,
(Signed) THOMAS M'MAHON,
Lieutenant-General and Commander-in-Cuicf.

RECOMMENDATION OF THE COURT.
lla%ing thus performed its painful duty, the Court
is anxious to bring to the notice of the Commander of
the Forces, some circumstances of an extenuating na-
ture, which authorise its recommending the prisoner to
his favourable consideration, viz., the extraordinary or-
ders he received from the Political Superintendent of
the Sawant Werree State, the evident conviction that
he was acting in strict conformity with those orders ;
the approbation which he sought and received from the
Polit cal Superintendent (under whose orders he acted),
from his own immediate Commanding Officer, and those
with whom he associated, his youth, the activity and
zeal he has frequently displayed, both prior to, and sub-
sequent to, the 24th of December, 1838, and, finally,
the high character he has received for humanity and
gentleness towards the natives generally.
The above reasons lead the Court to believe that the
lamentable error he has fallen into was one of judgment.
only, and therefore to recommend to the favourable
consideration of the Commander of the Forces, feeling
assured that the experience he has so dearly earned
is sufficient security against a recurrence of such a
misfortune.
(Signed) G. BROWNE, Major and President.
REMARKS BY THE COMMANDER IN-CHIEF.

The trial in the above case was closed previously to
my assuming command of the army of this Presidency,
but circumstances have thrown on me the painful duty
of confirming the finding and sentence, and it is with
deep regret I observe, that the proceedings develop
matter which make it impossible for me to accede to
the recommendation of the Court, or in any way avoid
giving full effect to the award.
I am further concerned to remark, that evidence
recorded in the case imperatively demands that pro-
ceedings shall be adopted towards another officer, that
he may have an opportunity of clearing his conduct, or
that the ends of justice, and the interest of the public
service, may be vindicated.
(Signed) THOMAS M'MAHON,
Lieutenant-General and Commander-in-Chief.
The name of Lieutenant William Gibbard is to be
struck off the strength of the army from this date.

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