The Sun.
London, England, 1850-07-05 00:00:00

PINDING.

The Court, from the evidence before them, are of
opinion that the prisoner, Private Thomas Banks, No.
2,820, of her Majesty's 75th Regiment of Foot, is
Guilty of the charge preferred against him, with the
exception of the words " and murdered," of which
they acquit him.
The Court having found the prisoner guilty to the
extent above recorded, abstain from awarding any
sentence, under section 58 of 9 George IV., c. 74.
Head-quarters, Camp, April 7, 1850.
Revised.—l cannot understand how a man can be
acquitted of murder who quits his barracks at night
without leave, and, against all orders, takes with
him his musket loaded and his bayonet fixed, and,
while thus breaking through all discipline, shoots
a sentry dead who was on his post and doing his
duty. I must hope that the Court will consider the
necessity of protecting sentries from being murdered
on their posts • if the Court adheres to its finding, I
really much fear it will have the natural effect of
making sepoy sentries very summary in the proceed-
ings if an armed European soldier approached their
posts at night !
2d—But whether the Court may deem it proper to
alter its finding or confirm it, I must insist upon its
pronouncing a sentence, whatever that sentence may
be, and not excuse itself from doing its duty by
quoting ancient Acts of ancient kings with which
neither the Court nor the Commander-in-Chief have
any concern whatever. The president and members
are to act under their oath. They swear to do jus-
tice according to the Rules and Articles for the Go-
vernment of her Majesty's Forces, and if any doubt
shall arise which is not explained by the said Act and
Articles of War, then according to their consciences,
the best of their understanding, and the custom of war
in like cases. There is nothing in this oath which re-
fers the members to be guided by law-books or laws
enacted by former Sovereigns, but the reverse. The
Court has the Mutiny Act and Articles of War given
to it by her Majesty, and I call upon the president
and members to pass a sentence upon the prisoner ac-
cording to their oath and the Articles of War, or refuse
to do so at their peril. The Court has nothing to do
with any other Act of Parliament.

C. J. NAPIER, General,
Commander-in-Chief, East Indies.
REVISED FINDING.

The Court, having carefully read and taking into
consideration the remarks of his Excellency the
Commander-in-Chief, are of opinion that the pri-
soner, Private Thomas Banks, No. 2,820, of her
Majesty's 7th Regiment, did kill Sookah Ram, Se-
poy, at the time and place stated in the charge, but
that he did not murder him, and they acquit the
prisoner accordingly ; and that, as the prisoner is
not charged with having feloniously " killed Sookah
Ram, Sepoy, the Court consider themselves precluded
from awarding any punishment, for the following
reasons :

The Court respectfully submit for the consideration
of his Excellency the Commander-in-Chief, that
under the 31st article of war no doubt exists in their
minds as to their powers—for by that article of war
they are bound to proceed in conformity with the
common and statute law of England in all trials for
non-military offences; that the statute 9 George IV.,
c. 74, is the law applicable to the case of Private
Banks ; that the Adjutant-General's circular, dated
the 15th of June, 1829, expressly called the attention
of the army to that statute ; and that copies of it,.
having been supplied by the Supreme Government of
India fur use at general courts-martial, have so been
in use for twenty years.
The Court further respectfully submit that in no
part of the Mutiny Act for her Majesty's forces is
the crime of homicide provided fur, and that the 31st
article of war, in authorising general courts-martial
to take cognizance of the crime, restricts their powers
to the criminal law of England.
Disapproved.
C. J. NAPIER,
General Commander-in-Chief, East Indies.
Head- quarters, April 25, 18.50.
REMARKS BY HIS EXCELLENCY THE COMMANDER-