Star.
London, England, 1808-09-28 00:00:00

COURT MiiRTIAL.

• General Court Martial held at Kingsten.Bar-
on :he 29th of February, 1808, and
g j tied 1w adjournments to the 4th of April fol-
ing, Lieutenant-Colonel GERVASE RAINY, of the
h.utau•,n of the tilttli Regiment of Foot, was ar-
rai..;ued upon the undermentioned charges, viz.—

I,t Charge, "DisobLdience of Orders—First, in not complying
w.to the General Order of the 14th of November 1805, respec-
tit• No.-Oral and Reeimental Funds, and the formation of a
Committee to take charge thereof."
second, " In not obeying the General Order of the 13th of
August, 11107, desiring th* the amount of the hospital Fund shall
be placed in au iron else Jr, and counted every quarter."
Third, " In not producing the Regimental Books, Papers, and
necessary Documents, upon the inspection of the Ist battalion of
the 60th Regiment, by Brigadier-General Carmichael, when re-
peatedly desired by hint to have them brought forward, parties.
!ally by an order dated the 30th January, 1808."
1:t1 Charge, " Neglect of duty, by irregularity in the Regi-
mental Books, and particularly in suppressing and not causing
t. b. tittered, Public Corresposidence, since the .2d of Marsh,
1:07."

Charge, " Infamous, scandalous, and unofficer-like. con-.
du!' : First, by embezzling and appropriating to his own use,
otherwise misapplying various sums of money, whilst Com-
,. .1 ding Officer of the Ist battalion of the 60th Regiment,
eiech properly belonged to the Regimental and Hospital mid."
S.L.,nd," Positively asserting to Brigadier-General Carmichael,
t::e presence 01 many Officers of the Battalion, OH or about the
asth of January last, that he: had nut any other books relating to
the regimental acamints, besides those already produced, notvilth-
stanainvwhieh another book was afterwards found in possession
of the Clerk of the Regiment, whet was then making alters-
. taws and incstions therein, by the ordas of Lieutenant-Colonel
Rainy. :Ler it had been by certiin Members of
the Lontinittee, and who had certified its being correct ; mid
iFlt,en pcared to be with a criminal
intern ion."

i hird, " In causing to be procured by Captain Bunting from
tjta.r Muller, Nlels:stan to (list Battalion troth Regiment,
et August last, .eloott. I:3s. 4d. currency, fur the purpose of
posing upon his tacelleney the Commander in Chief, as to
the ~pecie width eught to be cunt. fined in the iron chest ; and
af..er that sum was returned to the Messina's, directing on a
future occa.ion he shot.ld be applied to for a sum of money to
lodic in the iron chest, as pirt of the Hospital Fund, when the
ref merit was to be inspected by Brigadier-General Carmichael,
and which was delivered accordingly, to the antouat of .C.t.00, and
of which there cull r‘tuains due to Seijeant Muller, the sum of
£630.

Fourth, " In charging to the Regimental Fund different sums
of money, which lie received through other channels, particu-
larly £l2O for freight of clothing, which it appears by his letter
of the sth November, 1&C;, to Dieesri. Greenwood and Cox, he
directed to be placed to his own private account ; also taking
eredit to himself for a bum of £5-1, a balance due on the late Ge-
neral Gardner's account, and which appears unaccounted for;
liio eve/char.:in Non-cominissiohed Officers and Privates fur
printed German Certificates,.to the amount of £l3, which he
appropriated to his own use, and also charged against the Regi-
rtx-ntal m.d.."

Fifth, " lVitLholding and r, fusing to pay certain claims of
06tcer•, NO3I..COLIIIIIISSIOIIed Officers, and Privates, and refusing
to leave the decision to the Cie'leral Officer commanding the
District."

Sixth, " In prevaricating and making usertions to Brigadier-
General Carmichael, not funded in facts."
Upon which charges the Court came to the follow-
ing decisisal :

The Court having fully and maturely weighed and
considered the evidence and information in support
Idle charges exhibited against the prisoner, Lieute-
nant Colonel Gerv.tse Rainy, of the first battalion'
60th regiment, with that adduced in his defence, is,
of opinion that he is not guilty of the first count of
the first charge.

The Court is of opinion that he is guilty of the 2d
aid 3d counts of the first charge.
The Court is of opiaion, that he is guilty of the
first part of the si:c(lid charge, viz.—" Neglect t,l
duty by irregularity in the regimental books." But
he is nut guilty of the latter part o. the second charge,
viz.—" And particul.r•ly in suppressing and not
causin to be entered public correvondence since the
2d of March, 1807."

The Curt is of opinion, that he is guilty of the Ist
count Of the :id charge.

On the 2J count of the 3d charge, the Court finds
the prisoner guilty, but not to the full extent of tht:
charge, that part wherein it states, And al-
ttrations and erasures arpeared to he with a criminal
intention," not being fully proved.

The Court is cif opinion, the prisoner is guilty of
e 3d count of Sd charge.

The Court is of opinion, that the prisoner is not
guilty of the Ist part of the 4th count of the 'd charge,
in charging to the regimental fund different
sums of money, which he received throtOr other chan-
nels, particularly 1201. for freight of cloathing, which
it appear:, by his letter of the sth of November, 1804,
to Messrs. Greenwood and Cox, he directed to be
placed to his own private account."
But thAt he is guilty of the latter part of the 4th
cc unt of the th rd charge, viz.—.“ Also taking cre-
dit to himself for the sum of 541. a -balance due on
tl.e late General Gardner's account, and which ap.
pears unaccounted tbr. Also overcharging non-com-
mit,ionett officers and privates for printed• German
certificates to the amount of 13L which ho appropri-
aLed to his own use, and Also charged against the re-
, :mental fund."

On the sth count, of the 3d charge, the Cotift finds
tl•e prisoner guilty, but not to its full extent, consider-
ing him entitled to the allowance of Ss. per day, as
Commanding tmEcer.

The Court is of opinion the prisoner is guilty of the
h count of the 3d charge.

The Court sentences the prisoner, Lieutenant Co-
lonel Gervase Rainy, of the Ist battalion of the 60th
regiment, to be cashiered.

His M:tjesty having been pleased to approve and
cc ntirm the sentence of the Court Martial, and to di-
ct that it sac•..ld be carried into effect, his Royal
highness the Commander in Chief directs that the
charges before stated, together with the sentence of
the Court, shall be read at the head of every regiment,
and inserted in the Orderly Books.
(Signed) HARRY CALVERT,
Ad.; etant-Geueral to the Fortes.
Dated I lore-Guards, Sept. 2C, INOB.

A Court Martial was on Friday held at Sheerness,
vn a Lieutenant of the Ned Elvin, for disobedience of
orders; and the charge being proved,he was repriman-
ded and disniis,ed the ship. Also on a seaman, for
robbery ; who was sentenced to receive two hundred
hashes, and six months solitary confinement in the
Jhalcita.

Of 1321Y1XN.
BY WILLIAM CAREY.

---
. Ro ", (1) Andujar—roll thy flood,
Dyed of old with Moorish blood I
Swell thy tide I
Flew with pride!
Plow for ever famed in story.
I.o! again thy banks are spread
With our foes :—the vanquisled dead
Weltering lie all pale and gory.
Umbla (Q.) saw,ia strange affright.
By the moon's uncertain light,
In thy stream,
Helmets gleam.
Baran heard the tempest rattle.
Horse to Horse, Man to Man, .
Ere the dawn. the charge began,
To the brazen roar of Battle.
As the wintry torrent sweeps
Down (3) Morena's rang % steeps;
Ruah'd the Foe
To errthrow .
Spain, the bulwark' of thy glory:
As old (4) Calpd braves the flood,
Out unshaken phalanx stood;
Brothel% eons, and bilkers hoary.
Alentejo, with the shock,
ir.k her vine-clad stumaits rock.
• . Gueva's vale,
Hill and dale,
Trembled with the mighty motion.
Guadalquiver's curreot fled,
Swiftly from her troubled bed,
Teaming like the angry Ocean.
Faulchion, pike, and bayonet,
Smote, and pierc'd, and clashing met.
On the plain,
Strew'd with slain,
Charg'd with Eate's avenging power,
Though the fleeting shades of night,
Ilash'd the trollied blaze of light;
Fell, like hail, the deadly shower.
O'er groves and fields and mountains bine,
On rosy pinions moraskig flew.
Broad e:alf loright
Strclin'd the light,
The golden face of day unveiling:
In darkness still the conflict lay ;
The dismal war-field's grim array,
.1 sullen cloud of smoke concealing.
'their whirlezind rage five times we stood,
And stenini'd the whelining battle-flood.
Still amain,
O'er the plain,
Roird the hostile peals of thunder :
Afar, the wild Bull cow'ring fled ;
And Man and Steed recoird in dread ;
Earth shook and rifted rocks asunder.
Long and bloody was the strife.
Trumpet, drum, and shrilling fife,
Groans and cri.s,
t'iere'd the skies ;
Death's loud organ :weird tht chorus.
Raging, like a stream of tire,
Burst out old Iberian ire,
Fast consuming all before us.
Weep, ye hapless Maids of Gaul !
Weep your absent Lovers' fall !
In despair,
Rend your hair!
Weep beside your willowy fountains !
Wan beneath the frowning sky,
Gasli'd with wounds, they vanquish'd lie,
On our Andalusian Mountains.
The Wolf at midnight laps their blood :
Their limbs shall glut the Eagle's brood.
Tyrant ! haste
To the feast.
Erect thy crest : be bloodier, bolder !
Behald thy conquest ! claim thy spoil !
Thy HEROES shall penal our soil :
Ires,—thert /hey shall untaried nts.dder !
(1) Andujar, a winding river which passes through the city of
the same name, and near to Baylen.
umbra, a commanding eminence near the scene of action.
s) TM. Mountains called Sierra Morena.
3) The Rock of Gibraltar.

For the information of all persons who have rela-
tions in the 71st, or Glasgow regiment, the following
authentic list (-.f the men killed or wounded of the'
first b c:f the regiment, in the late actions in
Portu7.ll, is published
,!in Froudfoot, William M' Kenzie, John Fleming,
sent from the :Lel battalion ; John M'Kay, ditto; David M'Arthur,
Patrick O'Kain, Angus Shaw, corporal, sent from the 2el batta-
lion; John Wallace, ditto; Edward M'Calfray, Peter Sweeney,,
Donald Hood, Finlay M'Kerracher, from the 2d battalion; E.
NPLeod.--1 oral, tti killed.
Wm:N.:nix—John Boater, George Cheyne, George Glover,
George Donaghie, Peter Lawless, Henry Marr, John Mahon,
'Thomas Mueney, William APlntosh, James Sutherland, .Villiant
Wilson, Peter Mgacish, Alexander Sutherland, serjeant ; %Valiant
M'lntire Edward Oliver, George Deans, sent from the 2d bat-
talion ; lames Welsh, ditto ; Thomas Rent, ditto; William Shed-
dan, ditto;' John flockkart, ditto; Johi: Garvie, ditto ; Thomas
M`Naught, ditto; James Wardrop, ditto; i'vter Carr, ditto;
James Nesbit, ditto; Corporal Lindsay, ditto; Chates Findlay,
ditto; Peter Rewan, ditto; Andrew Arbuckle, ditto; William
Hunter, ditto; John M'Millan, ditto; John Muckle, ditto;
Matthew Park, ditto; Richard Coile, ditto; James Bennet, ditto;
lames Berwick, ditto ; John Simpson, ditto ; James Fraser, ditto,
Andrew Duncan, ditto ; Adam Melrose, ditto; John Drew, ditto;
William Brown, ditto ; James MgDonalcl, Peter Brannion, Alex-
ander M'Gregor, George Davie, Donald Dingwall, Peter Quin,
John Ross, Serjeant M'Pherson, John Manson, lamer. Mitchell,
Peter Farquhar' George Lambert, John Bennet, John Johnson,
Charles Grant, William Keith, John Thomson, D. Russ, corpo-
ral; Robert Hannah, E. M'Kenzie, John Brown, Serjeant
M'Craw, John Buchanan, Alexander Nobb, Alexander M•For-
lane, Ak'vander Gibson, Semuel Persse, Aleitander-Cameron,
R. M'Kay, Charles Murphy.
The latest Arrivals at Bath are :

His Royal Highness the Duke of Gloucester, Lord Forrington,
Lady Emily Montague, Lady Bolingbroke, Sir John Durbin, Ge-
neral and Mrs. Gent, Colonel Stanley, Major Dickson, Major
limes, Major Higgins, Major Aubrey, Dr. and Mrs. Maxwell,
Rev. E. Morehead, Rev. Mr. England, Rev. P. Foley, Rev. Mr.
Grove, Rev. Mr. Mrs. and Miss Parr, Rev. Mr. and Mrs. Leman,
Captain Usher Captain Harris, Captain Davies, Mr. and M, s. '
Bate, Mr. and Mrs. Vaux, Mr. and Mrs. Wood, Mr. vtri Mrs. i
Barrow, and two Miss Greens, Mr. and Mrs. Lanford, Mr. and
Mrs. Norris, Mr. and Mrs. Searle, Mr. and Mr'. Thackeray,
Mr. and Mrs. Arden, Mr. and Mrs. Parr, Mr. and Mrs. o•Fer.
rail, Mr. and Mrs. Wilson, Mr. and Mrs. Barrel', Mr. and Mrs.
Creagh, Mr. and Mrs. Bosvill, Mr. and Miss K. Bruce, Mr.
Mrs and Miss Morgan, Mr. Mrs. and Miss Lax, Mr. Mrs. and •
two Miss Traffords, Mr. and Miss C. Worthington, Mr. and Miss
Richardson, •Mr. and Mis; Humphrys, Mrs. and Miss Haistwell, •
Mrs. and two Miss Greens, Mrs. and Miss Jrfferies, Mr. Emus,
Mr. Wentworth, Mr. Weasle, Mr. Jackson, Mr H. L. Baker,
Mr. C. Lightfoot, Mr. Gregg, Mr Ban and family, Mr. C.
Haines, Mr. Donald, Mr. Squire, Mr. Skurray, Mr. Waken,
Mr. Ryder, Mr. Bosanquet, Mr. Mathew, Mr. Pigott, Mr.
Young, Mr. Weston, Mr. Call, Mr. Norton, Mr. Duncan, Mr.
Hebden, Mr. Foster, Mr. Bateson, Mr. Fraser, Mr. Hoare, Mr.
Field, Mr. Walsh, Mr. Curry, Mr. Jacobs, Mr. Granvilit, Mr.
Edwards, Mrs.Descon, Mrs.Morgao, Mrs.DalzeUe and family,
Mrs. Jones and Miss Jackson, Mrs. M. Dawson and family,
Mistress. r. Temp leman, Godwin, Fraser, Stovin, Hart, Downs,
Mackenzie ; Misses Watkins, Ac'and, Kington, While, Haver,
JAnatone, Chippendall, Talbot, Badar,•Langton, Bce.
Wednesday, a man fell from a window in the
Broad Wynd, Edinburgh, four stories high, and was
killed on the spot. He had returned from his labours
at a glass-house, about three o'clock in the morning,
and it is supposed had sat down to cool himself at the
window, which was open, where he had falea fast
asleep. •