The Sun.
London, England, 1832-08-16 00:00:00

COURT of INQUIRY into SOMERVILLE'S

CASE.

The Court made an analysis of the various papers
containing the charges of Somerville against Major
'Wyndham, which here follows, article by article,
with the decision of the Court thereupon:—

" THE PETITION OF RICHARD SMITH
TO THE HOUSE OF COMMONS.

" Ist. ' In a day or two after this man was picked out of
the ranks.'

" Incorrect : —As the paper was that of the27th, and at
least only received on that day at Birmingham ; and the re-
fusal to mount at the riding-school took place early on the
28th. There is no evidence that Somerville was picked
out ; on the contrary, it appears that he went to the riding-
school, as a matter of course, with the other recruits, to
take a lesson.

" 2d. Directed to perform with an unbroken horse.

" Contrary to evidence: the horse was a well•trained
horse.

" 3d. An exercise which, even with the best trained
horse, is one of difficulty.'
" It is distinctly denied by evidence that the ride was
more difficult than usual.
" 4th. Having failed to perform it.'
" No such difficult exercise was ordered, and therefore
there cannot, properly speaking, have been any failure.

" sth. He was ordered to try again, which, considering
the thing to be impracticable, he refused.'

"He was only ordered to remount, and not to try
again, which would admit the difficulty, a question alreidy
disposed of; giving him another trial, meant that he
should have another opportunity of freeing himself from
the charge of disobedience.
"6th. That shortly after he was sent for by Major
Wyndham.'
" Twenty-four hours elapsed between these two occur-
rences.

" 7th. ' And privately subjected to a series of interro-
gatories.'

" The assertion that he was privately examined is not
correct; the Adjutant and Sergeant-Major were present,
and the questions put to him were not numerous.
" Bth. That on this, Major Wyndham broke out into a
strain of great abuse of the letter.'
_ _ _

" Major Wyndham, after saving that Somerville's in-
subordination in the riding-school could not be passed
over, censured the letter; but it does not appear that he
broke out into a strain of great abuse, nor is there any evi-
dence that he called the sentiments abominable and in-
flammatory.
" 9th. And dismissed him with these emphatic words ;
But, my lad, you are now where you will repent of it.'
" Somerville himself, in his evidence, only quotes the
words ' you will repent of it,' and the other persons who
were present do not say that they heard any words of
the sort.

" 10th. That five minutes after, &c., lie, Somerville,
was arraigned before a Court-martial.'
" The Court-martial did not sit until an hour-and-a
half after the conversation.
" 11th. ' That two hours after, one hundred of the num-
ber of lashes awarded, were inflicted, &c., and that he
now remains in confinement, awaiting the infliction of
the remainder.'

" He received his punishment at half-past four ; the
crime was delivered to him at eleven. The Gina-mar-
tial closed its proceedings before two. Somerville him-
self contradicts the assertion that a second infliction was
intended. Major Wyndham must have known that it
was illegal. In fact, Somerville was to be a prisoner as
soon as he was taken down.
" 12th. Most cruel punishment.'
" It appears to the Court, on a full consideration of all
the circumstances of this case, that the punishment was
neither cruel in degree, that is, in proportion to the offence
proved against Somerville (though that would have been
matter of accusation against the Court, and not against
the commanding officer, unless he urged and advised it),
nor was it carried into effect with cruelty, nor was it exe-
cuted in full, for, on the contrary, it was stopped by the
spontaneous act of Major Wyndham,without the interference
of the medical officer present, nor was it as severe as other
punishments inflicted under Major Wyndham's orders, and
which are referred to in the minutes of evidence.
" 14th. `The man has been thus punished, degraded, and
disgraced, less on account of an act of insubordination,
than of the political offence.'

" As this allegation embraces the whole subject, the
opinion of the Court can be gathered only from summing
up this report.
" 15th. ' The man was purposely entrapped.'
" This is decidedly contradicted by the evidence, and
the Court feels it a duty to state, that there is no pretence
for

"16th. Extracting from the man while in custody, and
on toe point of being tried for disobedience of orders, a
confession,
tnervßiVe seerntiB n+isPatiet(Zerea"Elie questions a; readily
and quickly as they were proposed, and by no means un-
willingly. The question as to the letter was not asked
till M ijor Wyndham had announced that the military of-
fence was too serious to be passed over.
" 17th. Which was infallibly calculated to produce in
the mind of Major Wyndham, and through him on the
minds of the other members of the Court-martial, an
impression against the prisoner, which must have had a
most unfair influence in determining the measure of
punishment.'
" Major Wyndham could not be a member of the Court;
therefore, through him, as such, no impression could have
been produced : neither is there the smallest evidence that
Major Wyndham, in any manner or degree whatever, en-
deavoured to bias the Court in pronouncing its sentence.
" He was absent from barracks from the moment he
ordered it to assemble, until some time after it closed its
proceedings,

" 18th. ' Marked him out for vengeance.'
" It is already recorded that the punishment was in-
flicted without any vindictive severity.
" 19th. ' The conduct pursued by Major Wyndham is a
gross perversion of authority.'
" The proceedings of Major Wyndham are not en-
tirely approved, as will be seen by the sequel of this report.

PRIVATE SOMERVILLE'S LETTER.
" Ist allegation. The day following the publication of my
letter, I was ordered to mount a horse untrained to
riding.'
" The order to ride a particular horse on the 28th of
May had no connection whatever with the letter. It is
proved that the horse B 30 was sent to tho riding-school
that day quite accidentally.
" 2d. Untrained to riding.'
" The contrary has been fully proved : the horse was
so quiet and docile as to hive been rode by a boy with his
instrument in the band before and since.
" 3d. And to ride in another class further advanced than
I was.'
" Not proved ; no changes or selection have been stated
n evidence.
" 4th. I found the horse unmanageable.'
" This is contrary to the evidence of all present, it is
only proved that the horse was unsteady owing to Somer-
ville's inattention to the riding-master's directions.
" sth. ' After the horse had turned repeatedly out of the
ranks.'
" It is distinctly denied by evidence, and it does not ap-
pear to the Court that the horse ever turned out of the
ranks, except upon the occasion when Somerville dis-
'inlywoalvseisie.xot diarryetgaukieLibtyefoinreCA.lmajmoronWcyasndelsia.
mo,u,n,:tre6idtihi.;
The
Adjutant and Sergeant-Major were present.
" 7th. The Major said that I was getting sulky en their
hands.'
" Though asserted in evidence by Somerville, this is
not confirmed by the other persons who were present.
" Bth. I replied I was extremely sorry for it '
" It is proved that he said something to this effect ;
but it is stated by the Adjutant as well as by Major Wynd-
ham, that his manner did not manifest contrition.
" 9th. ' The Major then commented on the treasonable
tendency of that letter.'
" The epithet ' treasonable,' is asserted only by Somer-
ville, denied by Major Wyndham, and not admitted by the
other two persons present ; it is therefore not proved.
" 10th. I was then dismissed with these words,—` But,
my lad, you are now where you will repent of it,'
" Somerville alone states that the five last words were
used, and even in these his evidence is unsupported
by any other testimony; of the other words no proof
was offered.
" I lth. Five minutes after I was served with an indict.
ment, and told to prepare for a Court Martial imme-
diately.'
" The crime was delivered to him at half-past ten, and
he was tried at twelve.
" 12th. It was the impression of every soldier at the time
that it was through prejudice alone I had been brought
to trial,'

" This is but an insinuation,
.and no attempt wee made
by Somerville during the investigation to give the Court
any evidence of such an impression, which must have been
heard of, if not felt, by some of the men summoned and
examined.
" 13th. ' After being taken down, and remanded to the
hospital.'
" If this was meant as an
. insinuation tat he was taken
down from exhatt)tlon, zi opposed to the previa adduced