The Sun.
London, England, 1829-10-31 00:00:00

DEPARTURES.

Lord and Lady Howard de Walden, on a visit to the Marquis
and Marchioness of Bristol, at their seat, Ickworth Park, Suf-
folk; the Earl of Waldegrave, for his seat in Essex; C. Chester,
Esq. on a visit to Sir H. Paxton, Bart, at his seat in Northum-
berland; Lord Gardiner, from Belgrave-square, on a tour; the
Countess St. Martin de Front, for her villa at Twickenham, from
Bath ; Sir G. Nugent and family, from Batt's Hotel, Dorer.
street, for Marlow, Bucks ; Mrs. and Miss Harcourt, from
Crawley's Hotel (late Cook's), Albemarle-street, for St. Leo-
nard's; Captain Harcourt, from ditto, for Oxford; the Earl of
Orford, from Thomas's Hotel, Berkeley-square, for Norfolk
Sir William and Lady Cooper, from ditto; Mr. and Mrs. W. H.
Cooper, from ditto ; Viscount Boyne, from ditto, for Shrop_
shire ; Miss Pocock, from ditto; Sir William Robinson, Bart.
from Morley's Hotel, Cockspur-street, for Dover; Dr. Newell,
from ditto, for Cheltenham; Dr. Lilbourne, from ditto, on a
tour ; B. Belcher, Esq. from ditto, for Tunbridge Wells; H. L.
Bulwer, Esq. from Fenton's Hotel, St. James's-street, for the
Continent; Mrs. Robert, from ditto, on a tour; Mr. and Mrs.
Roche and family, from Talke's Hotel (late Miller's), Jermyn-
street, for Paris ; Mr. and Mrs. Burdett, from Kirkham's Hotel,
Lower Brook-street, on a tour; William Robinson, Esq. from
ditto, on a tour ; Sir Charles Chad, Bart, from Fladong's Hotel,
Oxford.street, for Ramsgate; J. W. Searle, Esq. and Mrs. Searle,
from ditto, for Lancashire; Wm. Hammond, Esq. Mrs. and the
Misses Hammond, from ditto, for Bath ; Miss Willoughby, from
ditto, for Cheltenham ; J. Power O'Shee, Esq. from ditto, for
Ireland; Arkwright, Esq. from ditto, on a tour.

The Duke and Duchess of CUMSERLA ND
dined with the Duke and Duchess of CLARENCE on
Thursday evening, at their residence in Bushy Park.—
There were present to meet their Royal Highnesses the
Russian Ambassador and Princess I.IEVEN, the Austrian
Ambassador, the Prussian Minister, Count and Countess
MONSTER, Earl and Countess of Cassius, &c. The
band of the Coldstream Regiment of Foot Guards was in
attendance, and played several instrumental pieces in the
course of the evening for the gratification of the party.
The French Ambassador had an interview
yesterday morning with the Russian Ambassador and
Count MAETUCEWITZ ; the Russian Ambassador, accom-
panied by Count MAETUCEWITZ, afterwards proceeded to
the Foreign Office, and had a conference with the Earl of
ABERDEEN.

DEATH OF THE COUNTESS OF CARRICK.
—Willa profound grief we have to announce the death of
the Right Hon. the Countess of CARRICK, daughter of 0.
Wytist, Esq. of Hazlewood, county of Sligo. This me
lancholy event took place in her accouchement, at six
o'clock on Thursday morning, at Orcharilton, near this
city, the seat of tht venerable Dowager Countess of CAR-
RICK. She had given birth in the course of the night, to
a female child, a lovely infant, which can never, alas !
enjoy maternal care, or a:mother's sweet embraces. Of
the affliction of the Noble Esti we presume not to speak.
Young, lovely, and amiable, the deceased Countess pos-
sessed every virtue that adorns the female character or
sheds a lustre on exalted rank. Her mortal remains will
be removed for interment in the family fault at Mount
Juliet at an early hour on Monday morning.—Leinater
Journal.

DEATH OF THE REV. ULICK BURKE,
P.P. or STRADBALLV.-The long pastoral career of the
Rev. U. ButtszE, P.P. of Stradbally, terminated on Friday
last. He bad been very feeble for some time, and in con-
sequence his dissolution was, though a lamented, not an
unexpected event ; and when it became generally known
through the parish, it produced one universal feeling of
sorrow, for the truly good and respected pastor. Mr.
BURKE was one of the surviving members of that body of
Catholic ecclesiastics who, denounced and debarred from
every chance of education at home, were obliged to seek
that blessing in a foreign land.-IVaterford Chronicle.

Some strawberries, grown in the open air, in
the garden of Col. CHICHESTER, at Dunbrody Park, in
the county of Wexfoi (I. have been sent to our Office, where
they may be seen.— IVuterford Chronicle.

The buildings between St. Martin's Church
and what was the King's Mews are at length in the act
of being removed; but in the mean time that part of St.
Martin's- lane is scarcely passable.

THE ATIMY.

110R51,.-GUAIMS, OCT. 22.

At a General Court-martial held at Limerick, on
the Bth of September, 1829, and continued by ad-
journments to the 17th of the same month, Brevet
Lieutenant-Colonel Charles Bayly, late of the 98th
Regiment, was arraigned upon the under-mentioned
charges, viz.—
" 1. For that he, Brevet Lieutenant-Colonel
Bayly,being in command of the depot of the 98th
Regiment, on or about the 19th day of January,
1828, at Tralee, certain soldiers belonging to the
said depot, viz. privates John Cockran, William
Delaney, Jas. Cheney, and Jas. M'Donald, were then
an'l there subjected to receive, in the following cruel
and unprecedented manner, the corporal punishment,
or part thereof, to which they had been sentenced by
a regimental court-martial :—First, the instruments
of punishments,—viz., the cats-o'-nine-tails with
which such corporal punishment was inflicted, had
been previously steeped in brine or pickle; 2dly,
the said cats-o'-nine-tails were again frequently
steeped or washed, on the public parade, during the
infliction of such corporal punishment, in a tub of
salt and water, mixed and prepared for this purpose
upon such parade, he, the said Brevet Lieutenant•
Colonel Bayly, being then and there present, and
commanding on such parade; and idly, the inter-
vals between the infliction of the lashes were, during
part of the aforesaid punishment, protracted to an
unusually long period, the sufferings of the said sol-
diers, or of some of them, having been by the afore-
said cruel and unprecedented mode of punishment
rendered more severe, and of longer duration than
usual, whereas it was his, Brevet Lieutenant-Colonel
Bayly's special duty, both in his capacity of Com-
mandinff Officer of the said depot, and as Command-
ing Officer" on the parade, on the 19th January,
1828, aforesaid, to take care that the said corporal
punishments were inflicted in every respect, in the
manner only, and according to the custom usually
adopted in his Maje.ty's service."
"2. For that, previously to the said corporal
punishments being inflicted in the cruel and unpre-
cedented manner aforesaid, it being proposed by
Lieutenant Davidson, then acting Adjutant of the
depot, to the said Brevet Lieutenant-Colonel Bayly
commanding the depot, that the cats-o'-nine-tails,
with which the said soldiers were to be punished,
should be steeped in brine or pickle, such proposal
moreover having been made by Lieutenant David-
son, in consequence of the remark or declaration of
Brevet Lieutenant-Colonel Bayly, that he was averse
to punishment, but that if lie did punish a man, he
must punish him properly, and that the cats were
not hard enough, or words to a similar effect; he,
the said Brevet Lieutenant-Colonel Bayly, did not
either then or afterwards, by reproving or repri-
manding the said Lieutenant Davidson, for pre-
suming to make such a proposal to him, his com-
manding officer, or by expressing his disapprobation
of the proposed measure, or by any other means
whatever, take care to prevent such cruel and un-
precedented mode of punishment from being had
recourse to."

" 3. For that he, the said Brevet Lieutenant-
Colonel Bayly, did, in violation of his duty, when he
surrendered the command of the said depot, on or
about the 23th day of February, 1828, take and
carry away with him the original minutes of the ju-
dicial proceedings of the regimental Courts-martial,
held in the cases of privates John Cockran,
Delany, James Cheney, and James M'Donald, in-
stead of causing the same to be deposited in the
orderly room of the depot; and for that he, the saki
Brevet Lieutenant-Colonel Bayly, did also, in vio-
lation of his duty, wilfully fail or neglect to cause
the proceedings of the regimental Courts-mrtial
aforesaid to be duly entered in the Courts-martial
book of the depot, and to countersign them himself,
as commanding officer, after such entry, according
to the orders and regulations of the service: all
such conduct and proceedings on the part of the
said Brevet Lieutenant-Colonel Bayly having tended
to bring the army into disrepute, being disgraceful
to him as an officer, and highly prejudicial to military
discipline."
Upon which charges the Court came to the fol-
rowing decision :-
-The Court-martial having duly considered the evi-
dence given in support of the charges against the
prisoner, Brevet Lieutenant-Colonel Charles Bayly,
his defence, and the evidence he has adduced, is of
opinion—
" That the prisoner, Brevet Lieutenant-Colonel
Charles Bayly, is guilty of the first charge, with the
exception of that part which states that the tub of
salt water was upon the parade, and also with the
exception of that part which states that the intervals
between the infliction of the lashes were, during part
of the aforesaid punishment, protracted to an un-
usually long period.
" With respect to the second charge, the Court
is of opinion that the prisoner is not guilty.
" With respect to the third charge, the Court is
of opinion that the prisoner, Brevet Lieutenant-Co-
lonel Charles Bayly, is guilty.
" Though the Court has found the prisoner guilty
of the first charge, with the exceptions named, it
does, however, fully and honourably acquit him of
all knowledge of, or participation in, the cruel and
unprecedented practices of previously steeping the
cats in brine, and of washing them with salt and water
during the infliction of the punishments. The Court
is also of opinion, that, as far as he, Lieutenant-
Colonel Bayly, could observe, the punishments were
conducted in the manner only, and according to the
custom usually adopted in his Majesty's service.—
With respect to the third charge, although the
Court has found the prisoner guilty, it thinks it right
to state, that in its opinion Brevet Lieut.-Colonel
Charles Bayly was not actuated by any sinister mo-
tive ; and further, that the Court does not consider
that Lieut.-Colonel Bayly's conduct has been dis-
graceful to him as an officer.
" The Court adjudges that the prisoner, Lieu-
tenant-Colonel Charles Bayly, late of the 98th Re-
giment, be admonished, at such time and place, and
in such manner, as the General Commanding-in-

Chief, Lord Hill, shall direct. -
'6 The Court cannot close its proceedings without
expressing its decided indignation of the extraor-
dinary prevarication which has marked the whole
of the evidence of the witness Lieut. Davidson, of
the 98th Regiment.
His Majesty has been pleased to confirm the find.
ing the Court, and to command that the admoni-
tion, to which Brevet L;eutenatit-Colonel Bayly has
been sentenced by the Court, be communicated to
that officer, accompanied by the expression of his
Majesty's regret and displeasure, that punishments,
deemed necessary in their nature to the mainte-
nance of discipline and legally authorized, should
have been inflicted in any corps in so cruel and
unprecedented a manner as the evidence on the
face of the proceedings clearly establishes to have
been the case in this instance, and that so unques-
tionable a proof should have been afforded of ne-
glect of duty on the part of an officer in command
of any regiment or detachment of his Majesty's
troops, as is too clearly chargeable upon Lieutenant-
, Colonel Bayly, and as is justly so held by the Court,
when an eccurrence so prejudicial to military dis-
cipline, and tending so manifestly to bring the army
into disrepute, could have been pre-concerted with-
out his knowledge, and afterwards take place with-
out his notice, in the depot under his immediate
command.

As it has already been intimated to Lieutenant
Davidson, in consequence of the proceedings of the
General Court-martial before which he was tried at
Cork, on the 9th of February last, that his Ma-
jesty has no further occasion for his services, his
Majesty deems it unnecessary to allude to the strong
expressions of indignation applied by the Court to
the extraordinary prevarication which, in their opi-
nion, marked the whole of the evidence of that
officer, further than to declare his entire concurrence
in them.
Finally, . his Majesty has been pleased to signify
his pleasure, that the circutnstances which have led
to the trial of Lieutenant-Colonel Bayly, and the

observations wh;rh have suggested themselves to his 1
Majesty thereon, be made known to the army in the
followinn terms :
Early in the present y ear, the Major-General com-
manding the Cork di,trict, having reported that it
had come to his knowledi!e that four soldiers of the
Reserve Companies of the 98th Rt,giment had, some
time before, been punished ill an unprecedented
manner, the General Commanding in Chief felt it
necessary to cause the matter to be investigated by a
Court of Inquiry ; and the proceedings of that
Court having established the correctness of the re-
port, that the men in question were punished with
cats which had previously been steeped in brine, his
Lordship directed his opinion thereon to be con-
veyed to the Lieutenant-General Commanding in
Ireland, in a letter, of which a copy was sent to.
Lieutenant-Colonel Bayly, who had been in com-
mand of the depot of the 98th at Tralee, when the
occurrence took place.
Shortly after the receipt of that communication,
Lieutenant-Colonel Bayly requested that his Lord-
would " be pleased to order a General Court-mar-
tial to take cognizance of the affair."
The Court-martial was accordingly assembled,
and, as appears by the foregoing abstract of its pro
ccedings, it was found that the men were punished
in the manner above stated; but the Court has ac-
quitted Lieutenant-Colonel Bayly of a knowledge of
the fact.
Upon this it is essential to remark, that Lieut.-
Colonel Bayly was at this time in command of the
depot of the 98th ; that, being in the exercise of that
command, he was strictly responsible for the due
execution of the punishments awarded ; that he was
on the parade in a square of four companies at the
moment of its infliction ; and that if he (lid not, he
ought, at least, to have noticed what was going
forward.
Whatever may be the opinion, or sentence, of a
General Court-martial, his Majesty will continue to
require that Officers be held responsible for what
passes in the regiments wider their command.
They are placed in' that situation, and have the as-
sistance of Officers and Non-commissioned Officers
expressly. to prevent the occurrence of such irregu-
larities as that which has now been the subject of
investigation by a Court of Inquiry and a General
Court-martial.
It matters not whether such irregularities proceed
from design, inattention, or ignorance, on the part
of a Commanding Officer, who may either authorise
or allow such acts, or during whose command such
acts may take place, is no way fit to be entrusted
with the charge of a body of troops; and it is there-
fore the imperative duty of the General Command-
ing-in-Chief, whenever such a case is brought for-
ward, to make a special report of it for the serious
consideration of his Majesty.
The General Commanding-in-Chief directs that
the foregoing charge preferred against Brevet Lieut.-
Colonel Bayly, late of the 98th Regiment, together
with the finding. and sentence of the Court, and his
Majesty's commands thereon, be entered in the Ge-
neral Order Book, and read at the head of every
regiment of his Majesty's service.
By command of the Right Honourable the Gene-
ral Commanding-in-Chief,
HERBERT TAYLOR, Adjutant-General.