The Sun.
London, England, 1819-08-05 00:00:00

SE(.:OND DAV,

The 'Court having assembled, Mr. LINDsAY
Trail the following Defence :
Mit. PRESIDENT—GENTLEMEk—The sittriti(lrt in which I
am this day placed, is as novel as it is embarrassing to my
feelings. Sixteen years have I passed in the public service,
during which ti,oe I have maintained an untarnished charac-
ter, have lived in the good opinion of my friends, and on
every occasion had the satisfaction of knowing that my pro-
fessional services met the appro;vation of those who were ca-
pable of appreciating them. Judge then, Gentlemen, what
my feelings rust be at this moment,, when- I am called upon
to answer to a charge, which,- if isabstantiated and brought
house to me, must for ever degrade use, not only in the scale
of society, hut debase me as a man.

Ilia charge itself is of a complicated nature—tbe guilt
Aonlale—eold and heartless iohinuanity towards those who
never offended against me, together with the monstrotts pro-
position to au honest mind to become the accomplice in
crime. Did my reproving conscience but whi,per me that
there was the slightest ground for sect' ar accusation, nett"-
should I hare dared to hare stood up in 9he face of so many
honourable men, and attempting to palliate an effetice of so
dark a nature; hnt hating myself as much as I should have
been justly hated by others, I never -again would-have vei-
toyed to appear in society. But T now dare to present my-
self to you, in the-perfect consciousness of asy innocence,
aim us.; .flest soleam!y the base intention that has been im-
puted to the letter written by me. I trust I shall be able to
preserve a mind sufficiently clear and unrotfled, so to detail
to you the circumstances under wliich this letter vsais written,
that you may be able to arrive at a light and fair interpret a
Linn oft hat paper, which has given such offence. I feel con-
fident that I am addressing m)aelf to those, whose Candour
will induce them to listen to me with patience; whose pene-
tration of mind will see each fact with clearness, and whose
sotegrity af spirit will decide injustice.
In October ISI7, 1 had four soldiers of the 64th Regiment

under my ears at Ch,thrim; they had for a considerable
length of time been afflicted with opt haitnia, but were rapidly
improving. During a temporary absence of mine, they were
removed from Chatham, by an order from the present Secre-
tary at War, and were placed snider the care of Sir William
Adams, contrary to the usual inks of the service, and with-
out the authority of the Commander-in-Chief. RemainUig
under his direction for some months, they were at lengthre-
ported as lit for service: They were then sent, in conse-
quence of this report, to the Isle of Wight, on their way to
heir regiment at Gibraltar, and, on being inspected by
the Medical Officers there, were found to be unlit for ser-
vice. They were consequently sent to Chatham, prepara-
tog to their appearing. before the Chelsea Board. They
arrived at Chatham on the I it!' of December last ; but they
were not taken into the Hospital, as they did not require
nardical treatment. Ou the 12th of February, I received a
note from Mr. Reid (the Secretary to the Medical Board),
apprising me that. Corporal John Phillips and frigate John
Pyke, of the 64th Regiment, were expected from Chatham to
pass the Chelseir Board. I was afterwards desired by Dr.
Cordon, the Professional Assistant to the Medical Board, not
to take those men into the. Hospital, but to allow then) to go
before the Board at Chelsea. I was further instructed to
direct. the attention of the Commissioners of Chelsea College
to the state of the eyes of those men, and to explain to them
the nature of their cases. Thus, you will perceive, Gentle-
men, that those very men had been patients of mine ; that
they had, as I humbly conceived, been unfairly removed from
Mader my care, and placed in the hands of Sir Wm. Adams,
.an uric Practitioner.

They were likewise the only soldiers that had been thus
abruptly taken front the Superintendenco of the Army Medi-
cal Department, and consigned to the care of .another.
It was Then, and has since more than once been whispered,
and insinuated, that this Gentleman had beets able to effect
what the Medical Officers of the Army could nut accomplish.
It wa soon afterwards that I wrote the letter that is now
the subject of this pro, cution—a private confidential letter,
freely and carelessly written to a most intimate Irked, with
'whom I had long corresponded. I had no thought when
'writing to him of disguising a feeling, or of coldly measuring
the language in which it was expressed. I sail been taught
1, think that letters were such sacred depositaries of at man's
Ihmights, that they never were to he violated, except under
stosst imperious circumstances. I hare read of letters being
thus intercepted and cnpied in a case of high treason, when
rebellion was threatening the existence of the State, and
when absolute necessity compelled the Government to remit t
to such means to save the conary.
Batt I believe it to he somee..hat new in the annals of juris-
prudence, civil or military, that the mere scribbling of a pri-
vate note to a friend, in a jssenlar manner, should he deemed
of such importance that the note should be intercepted and
transcribed, and the writer of it arraigned to answer for its
contents. I had always been led to suppose, that it was from
the guilt or innocence of fhe mind thatthe act itself took its
snesiplexion ; but here a jest takes its station in the criminal
ode, and a smile itself is made the subject of prosecution.
It our private transitory feelings, breothed alone in the car
of Irk mlship, are t bur to be dragged to light, false colon ring
lent theta, and thin to be bronght ngainst us as damning
proofs of a guilty and unprincipled mind, I ask, where exists
the man who through life has been so coldly guarded in
all his thoughts, words, and actions, as to say, that be is
safe from such a charge as ii now preferred against me ?
No; no one is safe. there is ass end at once to all confi-
dence between man and man, and an utter annihilation to
the unrestrained intercourse of friendship. But I most so-
lemnly, on my word of honour, do declare, that when I
tes,ii ;hose words, which have given such offence, I had
no evil thought or wish upon the subject ; irny out), feeling,
perhaps unguardedly expressed, being. that knowing these
Cud did not require treatment, I was desirous that Mr.
Deane shoisid not interfere with them, that when they came
rap Lettuce the Board they might be seen by the Lioard in their

time light; :tad that W -ite.t saircacil to naruttet. t licorice! aTi
soldiers will do under ordinary eirenmstanceS, it might he
elitist:it that they were nut fit fur public service, as they hai
been reported. I was acting, I conceive, hat`fairly towards
ail parties, in thus drawing the titivation, of the Commis-
skitters of the Chelsea College to the state orthe eyes of those
own; and it is within his Lordship's knowledge, that oph-
thalmic patients have been exhibited to him. both reel-m.4y
haul subsequently to their undergoing surgical Vtatmeut by
Sir Wm. Adams, more particularly when they haMbfore beets
ender the care of army surgeons. •
And I do as uaequirocally and as distinctla6disavow„
in terms as rung as language will allow me, repel the base,
unmanly, and inhuman purpose that has been attributed to
use. of coldly and deliberately seeking to injare these, whose
afflictions it was.my duty to Rare relieved, and of insulting,
.uy friend, Ly asking hint to become a participator in my
guilt. If this letter was really interpreted as replete with
mischief, and was as abominable and as malevolent, tit use
the expressions of Messrs. Powell and Marshall, of the
War Office, why, I may he permitted to ask, was it allowed
to proceed free on its destructive errand ? Why were weeks
and weeks suffered to pass away, and no notice taken of it
It reached its point of destination, and no steps whatever
were adopted to prevent its baneful influence, which will be
proved in evidence. ',old Palmerston, then, was convinced
in his own Mind that there was nothing serious or criminal
in the letter, or he could not have suffered it, I repeat, to
have proceeded to its destination, without giving direc-
thins to the Commandant of Hospitals to prevent the mis-
chief which has been since said to be likely to have accrued
tram it. What was its effect upon the man, whom I am
charged with intending. and endeavouring' to persuade to be
guilty of' a neglect of duty ? llc read it in the very sante
spirit in which it Was written ; he saw', that from its style, it
was never my intention so grossly to insult him, as seriously
to ask him to become' a villain. But this you shall hear front
his own lips. You shall likewise hear what construction
"titer respectable men, long acquainted with me, would have
put upon it, hail it been addressed to them. But had I ever
entertained the design that. hail been imputed to tee, MO I
be supposed to be so totally devoid of all sense, as to send a
letter with such a tendency, openly and undisguisedly,
through the War Office—to the very point of all others where
detertiim was unavoidable, an* punishment certainl ? No mats
would have so acted were he mit ant absolute ideot, or front a j
consciousness that he intended nothing serious or criminal.
When I was informed, after the lapse of some weeks, that
a letter of mine, forwarded through the %Val. Office, had ex-
cited great displeasure, I immediately wrote to the Secretary
at War, in the most respectful manner' requesting In be
allowed an opportunity of explaining the ohaosions passages;
butt no answer whatever was retnrned to this application. I
felt I was undeserving- such treatment and :maims: to remove
any suspicion that might attach itself to Ole, I waited on Sir
11. Tort ens, and solicited an investigation into my condnet.
MIS referred to the Secretary at War, front which period
nothiug it arispireil till the I lth of May last; when, upon a
motion of Mr. Grant's for the production of paper% relating
teethe Ophllmlmic Hospital, the Secretary at War took urea.
slurs to inveigh its the strongest term, against my conduct—
reading to the House garbled extracts from tny letter, strain-
ing every passage to my disadvantage, and impressing, the
House with the idea that I hail beets guilty of every thing
that was base and dishunourahle. If at that moment it was
the intention of the Secretary at War to put me on my trial,
was it, I may ash, either fair or consistent with Ma first and
commonest priffeiple of justice, thus to influence user's minds,
and prejudice the world against me.? And if he'did not in-
tend thus publicly arraigning rue, was it, I ask, generous to
seek to blast the reputation of a mars who had not the power
of repelling the attack that was made upon him
From that moment, both publicly and privately, hat nay
name been held tip to censure; in the public Journal, my
character has been assailed and my cause prejudged, and no
means allowed me till this moment of repelling the insinua-
tions that have been thrown out against toe.
By the delay that has taken place, in being permitted to
clear my aspersed character, not only have incite of tny most
serious engagements oLlife been blasted, but 1 have beets de-
prived of the weans of my defence; General Officers under
sebum I have served, and who had expressed their readiness
to come forward and bear testimony to my character as an
officer ;cad a man have been obliged to leave the comitty;
yet still butte I ate satisfaction of having their sentiments
under their own hands, and I feel justly proud in beim, able
to lay before you such letters. I will take the liberty ofnread-
ing to you a letter from--
(Here Mr. Lindsay offered to read certain letters, which,
however, it was determined by the Court, should be after-
wards given as evidence,)
Such are the feeling's with which I have hitherto been re-
ceived in the world by men of worth, integrity, and rank :
(you will perceive that I here speak on the stipposition that
the letters I wish to introduce have already been read) ; and
I trust by roar judgment of this day, I may again he permit-
ted to walk abroad in society with the same untarnished re-
putation I have hitherto enjoyed, and lust again -restored to
the good ()pillion of mankind. If it should thought that I
hare been too unguarded in any expression I might hare
used lit a private correapondence, I hope my of ser-
vice, the strong testimonies that you have heard and will
hear to my character, what I have so frered its my mind from
anxiety and suspence since first this matter was brought fur-
ward, and more particuiaily the absence of all crinsina} in-
tention, will plead my excaae, and expiate, the error of send-
ing a private letter through a public channel.
In your hands I now repose what is far dearer to Me than
life .r fortune—my character.
Nothing farther remains to use but to thank you for the
patient and impartial manner in which von have heard me,
and if, at any tinge, I have expressed myself too warmly, at-
tribute it not, I beseech you, to disrespect, but to the anxious
and agitated feeiings that, in a moment like the present, press
upsn and almoit overwhelm me. Ori your judgment
securely rest, confident as 1 ant that it will he the result
of a candid inquiry, and founded on the strictest principles
of justice.
A number f letters were then put in and read.
One from Major-General Sir Thomas Bradford
courAintd rite riWowing expressions !

" I regret very much that my being obliged to lease Eng-
land will prevent me attending the Court Martial, to express
pemnially what 1 most readily do here, the high sense I en-
tertain of you: professional abilitie', of your conduct as
a Gentleman."

A letter from Sir Lowry Cole spoke of the de-
fendant in these terms :
" Dnrnsg the four years you were attached as Staff-Sur-
geon to the Division I commanded in Spain and France, your
active attention to your p ionsl duties, and gentleman-
like conduct, claimed my est regard and respect; and I
an) sorry to understand, th . you should, from inadvertency,
write any thing to induce others to suppose you capable of
acting contrary to your character and reputation.
One front Dr. Remy, Director-General of Hospitals in Ire-
land, described the conduct of Mr. Lindsay, during the time
that he was on the Irish Establishment, in nearly the samo
flattering terms; as did one from Sir James M‘Gregor.
A letter front Sir ‘ViHim Williams certified that. Mr. Lind-
say had always been most gentlentanlilie in his manners, and
RS an Officer, he (Sir V. Williams) had had reasons to admire
his humanity, when he was severely wounded at Fuentes
D'Honores, but more especially he had bad occasion to ob-
serve his zeal in the attemlance which he gave to the many
patients afflicted with the ophthalmia in the Mth Regiment.
The following letter was then read from Col. Gordon
Birmingham, July 24, 1819.
- - •

" DEAR LINDSAY,—I shall not inquire for what purpose
you are anxious to have my opinion of your conduct whilst
you served in the sth Dragoon Guards, and have only to hope,
that the pleasare I fed in giving it may be augmented by
hearing it can render you any service.
During the time you were in thy sth Dragoon Guards,
your conduct as an Officer and a Gentleman met with the
highest approbation from every Member of the Corps.
" In your situati“n as Surgeon of the Regiment, I feel par-
ticular gratification in stating the very general approbation
your unremitting attention to its duties always procured you,
and assure you, I have frequently heard my gallant and much-
lamented friend, Sir William Ponsonby, speak in terms of
high commendation of your zeal, humanity, and attention,
particularly after the battle of Salamanca, on which occasion
lie received the most gratifying accounts of your exertions. I
beg to add, that I perfectly recollect, after the battle of Lle-
rena, where you had a good deal of employment, hearing
Major-Genitral Le Marchant (who commanded our Brigade)
speak in the must marked andliandsome manner, in appro.,
batioa of the unremitting attention and feeling you displayed
towards the *nitride.' on that occasion.

The approhatiou of the Inte LieutenAut-Colonel Prescott
'who ronimitodett the Regiment at the tirme) of your conduct,
•

both public and private, youebtained to the fullest extent.
" lletieveone, very sincerely your's,
ARTHUR. H. GORDON,
" Lieut.-Colonel sth Dra,:ton Guards.
" To 0. Lindsay, tag. S.S."
One dated Guernsey, from Major-General Bayley, con-
tained the following expressions:—
" In making you this cutinntinication, I cannot omit add-
ing. that the professional linuwledgeof thisOttieer 1103 proved
et the greatest benefit since hits bas been Jure, tint only to the

Nrililary'eir the tslaruil, but to all Ai .sec surferintt, mitieratti-
pl:tints of the eye, to whom he has been most hunoine and -
indefatigable in giving his assistance. I may say, that many
people owe the preservation of theiesight entirely to him."
The prisoner then bowed 'and retired, neon
which the 'Coot was cleared/leAving the Mem-
bers 6611 in deliber-<6'n'' on -the evidence. iThe
wi sentence of course ll not he known till after it icH
submitted foc4ipprobativ to his Royal Llighness'l
the!Price..lleoP
0 .

THEATRICALREGIS'T'ER.
Perforated Last Night.
TIIYATRE ROYAL, HAYMARKty.—.MV. Travellers Benighted.
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TI-ILATREROYAL,RNOLISH OPERA • HousE.—The Bull's Head:
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Nlornimg, 39 minutes.after 2.1 Evening, 4 minutes after 3

THE SUN.

110 LEM QUIS DICERE rAr.strm AVDEAT

LONDON,
THURSDAY, AUGUST 5, 1819.

We received this morning the Paris Papers of
Monday last. The-following are extracts:—
" PAM!, Afro. 2 —The King heard mass yes-
terday in the Chapel of the Chateau, ehrroundett
by the Princes cif his 'Family, several Marinate,
and all the Foreign Ministers. The Duke de
Richelieu wee with hie Majesty in his Cabinet for
upwards of an hour atter mass. The King after-
wards held a Court, Which was numerously at-
tended.

" Miss Patterson, the first wife of 7cront4 fiuo•
uppat ti, is arrived at Genoa, with ber son, wbo is
about tout teen years of age, end for the purputes
of whose education site intends residing in that
city.

" Yesterday M. Bavotix *as declared not guilty
by the Jury, and %vas conseqnently discharged.

" The Momorial Bonielais gives the toliowing
extract of a letter from Madrid, doted the 22d
tilt. :

I " ' I3y intelligence from Cusliz we learn, that
an expedition, consisting of 3,0(X) men, tinder the
command of Don Juan Manuel Cagigal, embarked
on. the 15th in twelve large transports, ‘‘lrich
were to sail the lEtth„ under the convoy of the Sa-
bina frigate, of 40 guns, and the brig Ligem.
The destination of these troops is not known.'
" The Bishop of Bayeux 'has been nominated
to the Archbishopric of Rouen, vacant by the
death qt. the Cardinal CambarZies
VIINNA, JULY 21.—There is much talk of
the convocation of a Diet at Preshurg, and of im-
portant changes which are to, take place in the
iiinancial Administration of Hungary on the oc-
casion of the Coronation.

NUKIIWERG, JULY 25.—There is no longer
any doubt o a numerous Diplomatic Assemblage
at Carlsbad : in addition to those already men.
tioned M. de Alopeus it there on behalf of

Rtissiß.

" VIUNNA, JULY 22.--It is understood that at.
airs of great importance have induced the Etn-
4ror to accelerate his return to Vienna.

Considerable reviews will, it is said, take

place in Autumn.

FRANKFORT,ftILY 28.—A Courier, with
important )6, lia; recently arrived at
Darmstadt, tittraordinary measure@ are expect-
ed in that Country.

0 " BERLIN', JULY 22.—The most perfect trait--
Only prevails iu this capital. A small number
of Studeuts have, under various pretexts, quitted