The Sun.
London, England, 1817-10-10 00:00:00

.IINTARY.-COURTIMARTIAL.

.
EXTRACT -1110 M CAPTAIN warrF.l DEFENCE.
a j or• Gene 141 I, the President „and Gentlemen o,f
this Llon. Court,-1 ,had hdped that.. the -assola-
tibn'of the lateCdort-Martial had closed my.i-riids
un these coci)plaints...,:Notvithstaidinz.the threat
of an immediate se' mid trial delivered
befdr;e:this•Coart-Martia.i.,Tl yielde'd to.iiierstta:u.
sion tivat;- the hmtili'ly of Illy prosectitOr;: if Out
diicOuntenanced, was at least. fatigued.. 'l3itt
npdetvalued the-energies of his 1 ante.-
anted the periodrit iuy ow 4 reptitte-.- PO the et-e.a-
-ing of -a Sunday 1 first received notice that a pi i-
s'oner WOald be tried on the following "morning.,
ana when 'the 'Court assembled, I for the "first
tinte a..eertaitted that you . were- my judges,. anti.
Oat prisoner WAS Ilyleir..

I have ziiffered much,- Gentlemen; I have suf-
fered lonp,-, and I am not
.sure but I should hate
sunk under my suffering. had I not been stistin-
ed by the expectation ghat a high-minded tribonal
iyouid declare on their conscienCe that my suffer-
ings had:been undeserved.

• If my manners have been ungracious, few men
'have suffered more for ungraciousness o mariner.
s I cannot go imptiniShed, arthou4h I should go fort It
tirrinitted ;. for it' is now bordering on three
snowlis since the Assibtant-Surgeon attached to
squadronjtiy Milipstown has,held we, his.com-
. .
p,,,,odipg'ollieer, . arrest,' for my manner and:
order in respect to him;" and, justly, 1 admit, it
that manner or ordtr was uureAsonable Or un-
justifiable. , , • , •

I respect that great 'privilege ofra British officer,
however subordinate bis rank .may be, to Ining.
his Senior to account even for-his manner—to
britig. his commanding officer to,aceount _even-for
'his manner, even tor his orders. It is a glorious
en d rare privilege,, but it was not granted for or-
dinary purimses., It. is an extraordinary tenully
for an extraordinary evil, but .the remedy must
have the evil to grapple with,' else it becomes it-
self an evil.
lhy uo means question but Mr. Brorrir ltAs
'been trtivi'sed to bring this eiturt -mart ; strongly,
.'petiorps, 'and perhaps by. many. ,But re-
.spect for those who may have so advised, I ap7
'prebend that this Cotirt may have sonic doubts in.
:a military, as well ti„4 judicial point of viem, re--
speefing the soundness of-, that advice,,
would prompt a subaltern to Minh his Command-
ing Officer to a Court-martial, ,on a transaction
ofwhich 'he has no witness except bimself, and to.
which his. Counnanding Officer could have none
at al -

It in point of discipline .such trials should he.
-seldom brought, I humbly venture this opinion,
that in point of justice and discipline, considered
together, they: should not be brought in any case.
where there was no witness except the prosecutor,
:for what will be the consequence ? •
man, the opposite of Mr. Brown, any low or
mcan character, hot-ding (by some accident) the
3conitni,;sion of the Kuuig; may-arrange an inter-
view with his Corinuandin'g Ottieer, at, which no

third person.eould be present -; he may then prefer
chat ges for any tiling that he likes ; his Charge, Of
`necessity, precludes the prisoner' front giving.any
evidence himself. Such a-'prosecutor may swear
Just. whatever he pleases, and if the. Court en-
;forces the rule "that the eVidence of an officer
must riot be discredited, as they have been
disposed to do in the present case, it must be
• all silence on the eine side,_ attd uncontradicted
yet interested stateMent on the other;. G.ntlemen,
-under such. circumstances, the Consequence
clear; The worst prosecutor nnist he'snecessfUl,
and the Vindication of innocence absolutely
possible. ' 1 am ready' to admit the propriety of
the rule in respect to aIT Officers who may he made
witnesses,; yet justice and. discipline can never
extend to a prosecutor, who is the only witness
against his Commanding Officer. But tak:ng the

matter on his own statement, I submit that lie itys
made no case against me.. He lays, he came to
my • rooms to' make an Qi JCtal. dominunicat
Be it so, be was also 6ii businesS peculiarly
his own. He had .beeo previously, and tin-
til very lately, attached to, my squadron—
When he_ entered Philipstown, he was, again„

whilst there, under my coon-Ix:m(1. lie enttred
my apartments to-make his offiCial commun:lcation.
lie was out of uniform. I made no remark upon,
it, Although he knew it was a ride which it was.
my habit to .enforce, that official duties should be
dune in unitorm.-

MAjor-General, theTresident. and. Gentlemen,
you will please.to recollect, ,that about a , month
before Mr, frown's" visit to me, I had issued the
following orders :---

. .
. .
Regintentaj••Orders ISy Calitaiii White, I'hilipstown Barrieli,
- . • •'‘ . - - • - 111a9,817.. ,
. . . .
" 'l7-n.goard against tinf-ilisadvantage operating.• upon the
soldier? erediti:trop ;the freqtreti4 of the men beidig ordered
into the hiispil,ii,-when'they have arnes:rof severai•ilays laid
in for•Ahetn, the .Issistiii•-surgeon will,:in•fitture; inspect the
jnen..eoulpit:in•,; the ggniiiii:ort,everNtaii•day, at such hone as
%%ill L appoiated;and inslie his report aceordiozly." ,

Thin is the head and front'of !tiro:Fending i:n
respect to the second charge, I understood that
he cotidei-ed it unintelligibie, ; if he conSNerizd
it so, and I soon .alter found that- lie. slui
s.lionld have applied ,to 11;A:- .for eNplana-
ti,,:l, That was his duty,.and that he did not do.-
1, iherefOret Wrote to hiin the following note of
cxplanation_:— •

‘t captain White wishes Assistantsur,;eon Brown clearly
to „,„d,rstand the purport of the iiietlic:4l inspeetion
.artleted
,on a•Moilday ;
merely to ascertain, a-, nearly.ns pos-
sible,.fuch•putients as it o:dy.
.tieeessary ,to crticr into the
hospital at any intermediate ti: ie daring- the wt-e%. The
ineri's weekly mess will inlitturtS he laid in.on Tuesthiy, the
iliarket-day at Tallamort ; and as the cin•4,;es, against the
men of late have been such as to be productive.of great debt
to the troops, the los4 of three Or four !lays' mess to a •lrglion
'on4lif as flinch as possible to bo avoided, as it tends to increase
h debt." •