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

(PRICE 7D.)

the guard-house, Corporal APLure came to me, and began
talking to me.

[The witness here stating that Corporal M'Lure spoke
to him entirely of his own accord, and not from authority,
the Court were of opinion that that conversation could
not be received in evidence.]
While you were in confinement, were you sent for by
the commanding officer or any officer of the regiment?—
The next morning, about 10 o'clock of the 29tb, Regi-
mental Sergeant-Major Nelson came into the guard-house,
and said to me, What do you think of yourself now ? I
-aid I was very sorry for having disobeyed Lieutenant
Gillies' orders in tha riding-school yesterday. Sergeant-
Major Nelson interrupted me as I was saying that, and
said, Oh ! I see you are getting afraid of us now. I said
there was a difference between being afraid, and being
sorry for having committed an offence. Sergeant-Major
Nelson then bade me come along with him.
Did he say where you were to go?—He did not.

Did you go with -him?—Yes, I went with him; I
could not positively say where it was said we were to
go to or not; I once understood it was before the corn-
manding. officer we were going.
Did you then go to the commanding-officer ?—Yes.
What commanding-officer?—Major Wyndham.
What passed between you and Major Wyndham?—
When I went into the room where Major Wyndham was,
Major Wyndham said I was getting sulky on their hands.
Was any body present besides Major Wyndham and
yourself during the conversation that passed ?—Yes, Regi-
mental Sergeant-Major Nelson was present, and Adjutant
Ricketts.

State, as nearly as you can remember, the particulars
of the conversation that followed ?—I said that I had no
sulkiness about me; that I had surely committed a breach
of discipline yesterday in the school, but was very sorry
for it. Major Wyndham then said, Oh ! but I have some-
thing else to say to you, and at the same time taking up
the Dispatch newspaper, asked me if I knew any thing
of the libel which had been written about the Scotch
Greys. I said that I did not know any thing of any libel,
but that I had written a letter to the editor of the Dispatch,
and I believe part of it was published. Major Wyndham
then asked me a second time positively, whether it was me
who wrote the letter, and I said, yes; and then Major
Wyndham said, you do not think that is a libel, but I
think it is worse, for it is treason. He then said further,
did I not know that I was a soldier, that I was sworn to
the King, paid by the King, and bound to support him in
whatever measures his Majesty or his Government might
take. I said that I did not consider myself paid by the
King, that I thought I wr.s paid by the people, that I was
only sworn to support the King in the capacity of being
head of the people; and that when his Majesty thought
fit to sever himself from the nation and the nation's inte-
rests, I did not think the oath of allegiance was any longer
binding.

The PRESIDENT here acquainted the witness, that he
was not under the necessity of mentioning any thing which
might tend to criminate himself.
Private Somerville's legal adviser state I that he could
not advise his client to keep back any part of what be
had said.

Major Wyndham then proceeded to read the extract
from the letter which was published in the Dispatch,
and after reading a sentence or two, made some comments
on it—some observations which I cannot be sure of what
they were altogether, although I shall state a part of
them. After coming to that part of it which speaks about
some of the Scotch Greys having joined in the Political
Union, Major Wyndham asked me how I knew that any of
them had done so ? I said that I had had very good infor-
mation. Major Wyndham then asked the names of them
—who they were; and I said that I might hereafter give
up their names, but at present I would not do so. Major
Wyndham then going on a little further to where I had
said in my letter that, in the event of any outrage taking
place, we, the Scotch Greys, would certainly consider it
our duty to put down all disorderly conduct, Major
Wyndham observed that this was very right ; he perfectly
agreed with me. In a rematk which the editor of the
Dispatch had made upon it, the editor had said some-
thing of this brave and patriotic soldier ; Major Wyndham
said, I dare say you are intelligent enough, hut God knows
we know little of your bravery. Major Wyndham then
again spoke of the Political Unions as being illegal socie-
ties, and said that I had been giving encouragement to the
mob to break the peace, at a time when it was the duty
of every soldier to do otherwise. I said that I always
thought Political Unions to be within the bounds of law,
for his Majesty's Government had declared them to be so ;
and so far from giving encouragement to tke mob to break
the peace, I had expressed the very contrary in my letter.
Major Wyndham then said, that when he looked at my
conduct yesterday—that was the day before, in the riding
school—and writing these letters, he thought that I had
been guilty of a very great crime, and was fully convinced
I would never make a good soldier. I said that I had
surely been guilty of a crime yesterday in the riding-
school ; and as to the writing of the letter, I formed a
very different opinion of it. Major Wyndham then said
you will repent of that, and ordered the sergeant-major to
take me back to the guard-house.
As far as you recollect, was that all which passed at
this interview ?—There were other words passed besides
those I have given, but these are all the precise words I
recollect which passed between Major Wyndham and my-
self; I know there were some other words, but I do not
recollect what those words were that I have not stated.

Was there any thing material passed which you have
not stated, as you believe ?—No ; I do not think there
was any thing material ; every thing which passed was
expressed in the words 1 have given, unless it was some
immaterial thing which I did not take much notice of at
the time.

By the Coy RT—ln fact, you have told all that made
any impression on your mind ?—Yes.
Were you afterwards served with a charge to be tried
before a court-martial ?—Yes ; I was taken back to the
guard-house, and after I had been about ten minutes there,
I cannot positively say whether it was less than ten or a
few minutes more, but a very short time which did not
exceed ten minutes, the regimental sergeant-major again
came to me and handed me an indictment of my crime
written on a piece of paper, and told me to prepare immedi-
ately for a regimental court-martial.
Was the crime in writing ?—Yes; I have it not here ;
I know very near what the words were.
Could you remember it if it was read to you ?—I think
I could. [A copy of the crime having been read over to,
witness, he replied]—Yes, that is it.

[At this period of the examination, a copy of the charge
on which Somerville was brought to the court-martial at
Birmingham, and a copy of the sentence passed on him,
were laid before the Court, and will be found in the ap-
pendix.]

Were you taken before the court-martial, and when ?
—There is something I think it is perhaps important
for the Court to know, which passed before : I think I
last stated that the regimental sergeant-major served me
with the charge, and after being out of the door nearly
half way from the guard-house to the officers' barracks,
he turned back again, and told me if I had any witnesses
to call, to say whom they were, and their attendance
would be ordered. I said I should require a few minutes'
consideration before I thought who it might be necessary to
call as evidence; the regimental sergeant-major said I
must say at once who it was, there was no time to lose to
be put off in that way.
Did you name any witnesses ?—I did not say anything;
I did not call witnesses.

By the COURT—You gave in no list of witnesses?—No.
When were you before the regimental court-martial to
be tried ?—lt was on the 29th of May last.
By the COURT—How soon after that remark of the
sergeant-major did you appear before the Court ?—I think
it did not exceed half an hour, or three quarters; I am
sure it was not an hour before I was taken before the court-
martial.

Can you specify at what hour the court-martial sat ?
I think it was near the hour of 12, or thereabouts ; it could
hardly be 12, for it was not the usual hour of dinner after
the court was over when we came out.

When was the punishment which the sentence awarded
inflicted ?—lt was four in the afternoon.

Of the same day ?—Yes.
Were 100 lashes inflicted ?—Yes ; Major Wyndham
read over the minutes of the Court and the sentence ; and
added that he, the commanding officer, approved of it.
The sentence was 200 lashes.
He read over the whole proceedings ?—The whole of
the minutes of the Court and the sentence; the
minutes of the Court which Major Wyndham read were
as given by the clerk of the Court ; I shall be hereafter
prepared to prove by my own evidence and the evidence