Star.
London, England, 1808-09-24 00:00:00

The Court is further of opinion, that the Prisoner
s Not Guilty of the fourth Charge, and the Court
doth therefore acquit him thereof.
With respect to the fifth Charge, it appears to the
Court, that the Prisoner has already been severely
punished, by having been put into, and kept in ar-
rest, for the offence stated and alledged against him
in that Charge, and by having been severely repri-
manded in orders, and afterwards released from ar-
rest, and therefore the Court considers that that Charge
ought not to have been preferred by Lieutenant-Colo-I
nel Newman, the Prosecutor, against the Prisoner,
and it has therefore declined to proceed upon the in-
vestigation of it.
For the offences of which the Court hath so found
the prisoner to be Guilty, it cloth adjudge, that he,
the prisoner, shall be .rusprnded from Rank and Pas for
the *ace of Three Months.
Having thus performed a very. unpleasant part of
its duty, with respect to the prisoner, the Court con-'
riders itself compelled to turn its attention to the con-
duct of those Officers of the second battalion of the
10th Regiment, who composed Are Mess of that Bat-
talion at the time the Sentence of the late Court Mar-
tial on the prisoner was officially communicated to
h m, and who refused to readmit the prisoner as a
Member of their Mess, ,after it had come to their
inowiedge that his Majesty had been graciously
pleased to extend his forgiveness to the prisoner, and
to.reinstate him in his rank as a Captain in the 10th
Regiment. The Court has felt great concern at the
inattention of those Officers to the merciful consider-
ation, which his Majesty was pleased to shew towards
the prisoner, not having been by any means satisfied
with the reason which was attempted to he given for
the v.:solution to which those Officers came; for the
Co .rt considers that it was the duty of those Offi-

curs, if they had .any Charges against the prisoner
for ungentletnanlike conduct, whilst he was so Under
lOWA and awaiting the publication of the Sentence of
the late-Court Martial, to have submitted them to
the Commanding Officer of the Battalion,, for the
purpose of their being laid before the General Officer
command;n • the Dibtriet, as saws as the offences, on
which so h C arges could be found, came to their
knowledge.
The Court is concerned to be obliged to notice the
conduct of Lieutenant-Colonel Newman, the Prose-
cutor, in having confirmed an improper arrest of
Lieutenants Spike and Simpson, and at the same

time continued to associate with those Officers. and to'

permit them to dine at the Mess whilst so under ar-
- rest : and also in having, on the present occasion,
preferred the fifth chane against the prisoner, when
be, Lieutenant-Colonel Newman, must have been con-
scious, that be had before punished the prisoner for
the offence in such Charge alleged against him, by a
public censure and admonition inserted in the Orders.]
of the Battalion. _

His Majesty has been pleased to.approve and con-
firm the finding and Sentence of the Court ; but from,
various circumstances of the conduct of the Prosecu-
tor, Lieutenant-Colonel Newman, As they appear
upon the Proceedings, and as they have been noticed:
by the Court, his Majesty has commanded, that it
should be intimated to the Lieutenant-Colonel, that
lm does not consider him a fit person to have the