The Sun.
London, England, 1832-08-28 00:00:00

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of other witnesses, that there *se, is-things passel in ‘
Court which were not entered on tl. uijuute,s. • • „•`,
By the COURT-Did you say that
evidence given was not entered ?—There isteie geWations
made in the Court which were not entered ; I was then
tied up, and after having got 100 lashes, Major Wyndham
said, take him down, he is a recruit.
Was there a surgeon present ?—I believe there was a
surgeon present; I was told afterwards there was a sur-
geon present; I had never observed the surgeon there.
Nobody interferes as a surgeon to prevent the continua-
tion of punishment ?—Nobody ; there was nothing further
passed there in any hearing; I was then taken away to the
hospital.
Does that comprise the substance of what is stated as
far as you saw ?—Yes, that is all the evidence that I can
positively say did pass; all other things that I know of
are what I have heard from others. I shall perhaps have
something to state, the Court will know when it is proper
I should do so, of what passed between myself and some
of the other patients in the hospital ; I believe there are
two of them here as witnesses, not on my side of the case.
Are they here at all ?—Yes.

By the COURT—You are understood, on being taken
down, that the remainder of the he nten ce was remitted ?
Yes ; I knew very well I would not get the other part of
t. I understood that unless it was by the orders of a
s ,rzeon I wAs taken down, I should not get the other part
of it.

No other part of the s2ntence has been carried into exe-
cution ?—No.

Cross-examined by Major WYNDUAMI

What was the age of the horse you mounted ?—I never
heard the horse's age mentioned.
By the COURT—Was he an old horse, as you believe ?
No.

Was the horse a quiet horse ?—I do not know how the
horse is in regard to being quiet in the stable, I never had
kept the horse in the stable; but he was a very rough
horse to ride. I had heard that from other people who
had been in the habit of riding him.
What do you mean, rough to ride or rough to manage ?
—I mean rough to ride, rough in trotting, or in any other
pace; he was rough at any pace when riding.
Was he unsteady or unmanageable ?—I cannot say he
was unmanageable for a man who was perfectly skilled in
riding, but he was unmanageable for me who had had very
little experience in riding.
How long had you been riding in the school, since you
joined, from the period when this occurred ?—Wheu I
first went to the school it was about the 17th or 18th of
March ; that was the first day I ever went into the school,
and that was the 28th of May that I was riding.
What class of riding were you in ?—ln the first class; I
mean to be understood by that, that it was the youngest
class of recruits that I was in ; Ido not know how the
classes may be numbered.
Did you ever ride the horse again after that day?.—
Yes, once ; I rode the horse one time afterwards.

How long after ?—I cannot be sure how long it was, it
was after I came out of the hospital, I should think about
three weeks.

Was it not two days after you left the hospital ?—I can-
not say whether it was or not; I know it was after I left
the hospital; I cannot give a positive answer to that.
Cannot you say whereabouts ?—I may now be allowed
to give a more decided answer to that last question ; by
Lieutenant Gillies' orders, I was not at the school at all
for ten days after I left the hospital, so it could not be two
days after.
Did you not come cut of the 1 o pital on the Month y,
and ride the horse on the Wednesday following?—No, I
did not.

Did you not take a lesson, or part, on Wednesday, and
did not Lieutenant Gillies excuse your taking the n-
mainder ?--Ne, I was not in the school on Wednesday.
_ .

Did you not ask Lieutenant Gillies to excuse you the
remainder of the ride on Wednesday, being very unwell?
—Not the Wednesday after I came out of the hospital. I
once asked that of Lieutenant Gillies, but that was a few
weeks after.

Not the following week after your coming out of tl e
hospital ?--It was not the following week ; it was the
work before I left Birmingham for Coventry that I tok(.d
that of Lieutenant Gillies.

What horse did you ride the day you acknowledge to
have ridden after you came out of the hospital ?—I rode
the horse which I formerly had ridden at the school
always, which was No. 3 of D troop. _ . _

. _
Was it the same horse that bad tome I out of the ranks
with you ?—No, the horse I had usually ridden in the
school.

At what date did you leave Birmingham for Coventry ?
—I think it was the 21st June. I think it was there-
abouts ; I cannot positively say.
What date did you attend the sergeant's funeral at St.
Phillip's church ?-1 do not recollect what day it was. I
think it was either the Saturday after I came out of the
hospital, or the Saturday following ; I cannot positively
say which it was ; it was on a Saturday.
Did you say that I used the expression that you was
getting sulky on their hands ?—Yes.
Did I not say that you had committed a crime which
could not be overlooked before I read the newspaper ?—I
cannot be sure whether Major Wyndham said that or not ;
I have already stated, in my first evidence, that some
words passed which I could not be sure of ; I believe
Major Wyndham did make some allusion to the crime in
the rifling-school; but I understood at once when Major
Wyndham said I was getting sulky, that that was the
crime in the riding-school, for I immediately answered it.
Are you sure that I made use of the following expres-
sions :—When I look at your conduct yesterday, that is,
the day before, in the riding school, and writing these
letters, I think you have been guilty of a very great
crime, and I am fully convinced you will never wake a
good soldier.y—Yes.
Examined by the Couar —Had the horse you were
ordered to ride on the 28th of May been before ridden by
recruits of your standing and class ?—Not that I know of;
I am not aware of its ever having been ridden by any re-
cruit of my class.
When you rode the same horse, after coming out of
the hospital, did you find him more gentle and manage-
able than on the 28th of May, and had you a saddle with
stirrups on the latter occasion ?—Yes ; I rode with stir-
rups on the latter occasion, which accounted for the horse
being more manageable.
Who is the civilian that had been in the habit of
riding the horse you rode at the school on the 28th, and
why did he ride a troop horse ?—That is a question I
cannot answer ; I never knew his name, or how it was he
made the horse.

Did the gentleman who rode the horse you were called
on to ride on the 28th, ride with the same saddle and
hi idle that you did ?—Yes, I think he did ; the gentleman
did not ride the horse that day at all.
He rode in the same manner as you did ?—Yes, in the
same way; the horse was accoutred in the same way as
it was the day that I rode it.
Were you riding with a saddle or without one on the
29th of May ?—I was riding with a saddle, but without
stirrups. _

Were you riding with a bit or a snaffle on the 28th of
111ay?—With a bit and snaffle bridle.

You say that the horse gave way in one place, and that
he stopped the ride in another : which is right ?—I mean
that the horse giving way he stopped the ride ; the horse
giving way and turning round with his head inwards to
the school, stopped the ride coining up.
You said that Lieutenant Gillies observed the horse had
no feeling in the side for the leg ; had you spurs on ?—I
had not spurs on.
Did you try to force hint on ?—Yes I did.

Did you, upon being enlisted, take the oath directed by
the Mutiny Act to be taken by a recruit when enlisting* ?
—I believe it was to the same effect as that ; I have not
the least doubt that is the oath.

Do you not know that this oath is permanently bind-
ing on all persons enlisting during the year commencing
the 18th of March, 1831, whilst they receive pay 7—
.
Yes ; I always understood the oath to be permanently
binding until the soldier was lawfully discharged.
How do you reconcile your duty, as therein described,
with your definition?

The witness,: under the advice of his legal adviser, de-
clined answering the question.
Have you often heard the Articles of War read ?—I
was never present when they were read but once, and I did
not hear them all out. I beg to submit to the Court, that
that was a part of my defence whe❑ before the regimental
court-martial. I was once present whe❑ they were read.
Do you know the 121st section of the Articles of War,
—namely, the mode of obtaining redress ? (The same
was here handed to the witness.)—l do not know it as it
stands there. I never heard them distinctly read. All 1
know was from having heard some of my comrades speak
of it. I knew of these words of vexatious appeal, and I
did not know how these words might be construed.
If you felt aggrieved by your commanding officer, did
you not know there was a military mode of snaking your
grievance known; and if you fancied Major Wyndham had
ill-used you, did you not know you could make a corn-

• " OATH OF ALLEGIANCE.
" Oath to be taken by a recruit enlisting for unlimited or limited
service.

a I do also make oath, that I will be faithful and bear true al-
legiance to His Majesty, his heirs and successors, and that I will,
as in duty bound, honestly and faithfully defend Ills Majesty, hi,
heirs and successors, in person, crown, and dignity, agaii.st all
enemies, and will observe and obey all orders of His Majesty, his
heirs and successors, and of the Generals and officers set over we.
" So help me God.
signature of recruit.

Witness In:

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