Star.
London, England, 1824-07-31 00:00:00

LAW REPORT.

COURT OF OF KING'S BF,NCIL JULY zo.
The Lona CrilEF Juvr....cx, the Duke of Your:, and
Earl liaTituasrr, took their scats on the Bench, when
the following cause was called:
6 BRADLEY V. ARTHUR.
This was an action for assault and mutiny, specified
in several counts. The defendant pleaded Not Guilty.
Mr. linoucttam stated the case. The plaintiff, Colonel
Bradley, raised himself to his present rank by a course
of arduous services. He was employed in the West
Indies for twenty years. In 1818, he was sent to Hon-
duras with a part of the regiment, and in that place met
t. ith Colonel Arthur, wbo commanded the York Chas-
%et,rs, mid was his superior in command. Col. Bradley
had made a military road at great labour, and improved
the country by many public works. In 1819, the
York Chasseurs were to_ be disbanded, and a conversa-
tion took place on the change consequent on that cir-
cumstance ; as Colonel Bradley would then be the chief
in command when Colonel Arthur's military functions
ceased. Colonel Bradley offered his influence at home
in favour of Colobel Arthur, in the event of his regiment
being disbanded. Two months' notice were usually
given previous to the disbanding of a regiment; and
on the 12th of June, an order came from England
for the York Chasseurs being disbanded in Canada.
The regiment accordingly embarked for Canada, and
was disbanded. From that moment Colonel Bradley-
became the Commanding Officer. The order also noti-
fied that the Officers were to be placed on half-pay.
The Army List, in March, contained the name of Lieu-
tenant-Colonel Arthur, as being on half-pay. An interval
from December to March elapsed, before Colonel Brad-
ley acted upon his title of superior command. Colonel
Arthur remained in the Colony, expecting a commission
from England. It was in expectation of-some order cf
this kind that Colonel Bradley hesitated to act ; but find-
ing it necessary at length to assume his true character,
a circumstance of a-singular nature called his authority
into immediate action. Colonel Arthur had formerly
told him, in a private conference, that he must still re-
taip the command in the Colony, though he was then
only a Civil Functionary—and he circulated a request
to the Officers of the Colony to attend a Meeting for a
specific purpose. Seven Officers attended this Meeting,
and after a long speech from Colonel Arthur, he was ap-
pointed Commander-in. Chief by that small party. Co-
lonel Bradley was, of course, invited to attend this Meet-
ing, but declined ; saying, if Colonel Arthur could shew
a title to the chief command he would cheerfully obey
him, but till that was done, he should consider any obe-
dience to Col. Arthur as subversive of military discipline.
He said he would rather be put ender arrest than at-
tend to such a meeting. He was accordingly arrested
by Lieutenant-Colonel Arthur on the 23cl of May, and
confined for seventy-three days in a single room in that
inhospitable climate, his sword being taken from him.
On the 2d of August an order was received from Ja-
maica for Colonel Bradley being set at large ; another
order came subsequently from England to the same
effect ; but setting the subject of arrest aside for the
present, he would question the tight of Colonel Arthur
to assume the command ; the 23th Article of War spe-
cified, that no Officer should be confined for more than
eight days, or till such a time as a Court Martial should
rake place. As a right, allowing that Colonel Arthur
was entitled to the chief command, why did he not in-
stitute a trial by Court Martial, when Jamaica was
only six days sail Prom Honduras ? A Court Martial
could not be held by less than twelve Officers; and if
this number was not in the Colony, why not send to
Jamaica for some, or send Colonel Bradley thither?
But no ;• Colonel Bradley was refused an opportunity to
go from the Colony, until after repeated inquiries and
proposals; he was allowed to depart ten months after
his original arrest ; his sword, was given to him, indeed,
but his rank in the Army was gone ; he came home
with broken health and broken fortunes, after 20 years
service in the trying climate of the West Indies. He
now came into this Court for some reparation of the in-
juries a Bich he had sustained ; he was a poor man, who
had raised himself by his own merits alone; contending
single-handed with the influence of power. The Jury
would, no doubt, do justice to the wounded feelings, in-
jured character, and broken fortunes of the plaintiff.
Several interrogations were here put in and read; the
answers thereto by the defendant were also put in and
read. Another order was read, depriving Colonel Brad.
ley of the command of the detachment of the 2d West
India Regiment, and giving it to Captain Lord.
Lord Palmerston examined by Mr. Bnotronak—Re-
turns from Officers abroad are made sometimes to my
Office, and sometimes to the Commander-in-Chief. An
Officer in my department has the Returns.
Mr. Robert Lukin, Clerk in the War Office.—The
York Chasseurs were disbanded in August, 1819: The
Officers were not immediately put on half-pay. They
sometimes return home; cannot tell if all the Officers
were put on half-pay at the time. Colonel Ar-
thur was not placed on half-pay till 1820, by the date
of the warrant, which was January 19, 1820; that does
imply that be received his full pay up to that time. Ile
received half-pay in part front the 25th of October,
I Sl9. The York Chasseurs were disbanded on the 24th
of August, 1819. at Quebec. The order for half-pay
was sent to his Agent on the 7th January. The usual
way of communicating the disbanding of regiments is
through the Adjutant-General
Sir Henry Torrens, Adjutant-General—l have the
returns from Honduras for 1819-'2O, made by the su-
perintendant of the colony to the Adjutant-General.—
The order for Colonel Arthur to be placed on half-pay
would not affect his command at Honduras. An Offi-
cer, after having been put on half-pay, would not have
any further command in the regiment, but that would
not interfere with his Staff appointment, which an Of-
ficer may have independent of his commission. There
was an appointment of superintendant of Honduras
given to Colonel Arthur; that order was in writing.
In answer to other questions from the Attorney Ge-
neral, Sir Henry Torrens said, that Colonel Arthur was
a Major in the 7th Vest India Regiment. and had been
promoted to the York Chasseurs. The York Chasseurs
had never been at Hondural at all.
By Mr. BROUGHAM—WouId an officer going to a
place where there is,a; another officer of inferior rank in
command, takellte command of the place? No; unless
sinci4llpipp*iutid ; but the inferior officer would not
ice till a reference was made to head-quarters. A corn-
Mandant in a town would continue to exercise his autho.
thy though a higher officer was passing through that
town. The Superintendant of Honduras ' ‘a civil
moffi-
cer, but has the command of the colony. '
Mr. BROUGHAM—Suppose I were to y Stivirintend.
auL of Honduras (which GOD forbid).— ( LaitgUer)—

would I be entitled to command the army there ?—Yes;
provided you had military rank.
Mr. BROUGHAM—Aye, aye,, provided I had military
rank—that was just what I wanted.
The further evidence of Sir H. Torrens proved that
Colonel Arthur continued to command in Honduras till
the period of his quitting the colony, notwithstanding
his being on half-pay.
The deposition of General Conran, Commander at
Jamaica, was now read, respecting the returns from
Honduras, to the head-quarters at Jamaica, and other
matters. To one interrogatory, it replied that no com-
munication had been made to Colonel Bradley, as Com-
mandant of Honduras, but to Colonel Arthur.
Lient.-Colonel Freemantle examined by Mr. EVANS.
I was Deputy Adjutant-General at Jamaica. The order
for the disbanding of the York Chasseurs was previ-
ously to my arrival. I do not recollect having read
any order relative to Colonel Arthur's being put on the
half-pay list.
Letters and documents were read respecting Co.l
lonel B.'s dismissal, by order of the Commander-in-1
Chief, with liberty to sell his commission of Major only.
As having been but lately promoted .to the Lieutenant-
Colonelcy without purchase, he was not considered
entitled to that consideration.
The Duke of York then retired.

The ATTORNEY•GENERAL, for the defendant, said, the
Jury had heard from Sir H. Torrens that Col. Arthur
was appointed Superintendant of Honduras by General
Fuller, then commanding in Jamaica ; that appoint-
ment was made without any reference to his military
rank, or the regiment to which he belonged—in fact,
the York Chasseurs had never been in Honduras, but
Colonel Bradley, understanding that they were to be re-
duced, thought proper to assume the command of the
garrison. If any doubts respecting the future com-
mand arose in Colonel Bradley's mind, he should have
written to head-quarters for instructions. When Colonel
Arthur issued an order for the Officers of the garrison
to meet at the Government House, Colonel Bradley not
only refused to attend, hat actually issued a contrary
order, directing the Officers to meet him at an earlier
hour, at his quarters ; Colonel Arthur sent an Officer to
expostulate with Col. Bradley, and endeavoured to bring
him to a sense of his duty, but in vain ; and Colonel
Arthur felt himself compelled to arrest him for muti-
nous conduct ; Colonel Bradley being a Field Officer,
it was impossible to bring him to a Court Martial in
Honduras, as every Officer must be a Captain at least,
and there were not a sufficient number of Officers corn- I
pctent at that time, and Colonel Arthur had not any!
power to send Colonel Bradley on board ship to Ja-
maica till he received orders from the Commander-in-I
Chief. On the very day of the arrival of an order from
the Commander-in-Chief for Colonel Bradley being
freed from close arrest, he was immediately set at
large. The delay which had occurred was not am i-
bumble to Colonel Arthur, but to the non-arrival of
any vessel at Honduras.

Lieutenant Webb, Acting Adjutant of the 2d West;
India Regiment, was in Honduras ; always considered
Col. Arthur as superior in Honduras. Col. Bradley
ordered him to carry an order to the Brigade Major,
summoning a meeting of the Officers of the garrison;
the order was signed, ,4 Major Bradley, Lieutenant-
Colonel Commandant."—He carried the order, and
shewed it to Major Lord, who would have nothing to
do with the order; he then carried it back to Colonel
Bradley, saying, he would not promulgate such an or-
der ; Colonel Bradley said, he would place him under
arrest in consequence. •
By a Juror—Why did you not obey the order of
your superior Officer ?—Because it was not my duty to
issue garrison orders; I was only a regimental Officer.
Lieutenant Willis commanded a detachment in Hon-
duras. He acted as Secretary to the Colonel Com-
mandant, Arthur. He attended the Meeting at the
Government 1-louse. He was present when Major Noel
desired the attendance of Colonel Bradley, by the direc-
tion of Colonel Arthur. Colonel Bradley said, he would
not come publicly, but if Colonel Arthur requested him
in private, he would go ; assigning as a reason, that it
was contrary to the King's regulations to assemble
Officers on such an occasion. He did not recollect if any
thing was said respecting the office of Commandant.
Major General Walker was stationed at Jamaica from
the 13th of June till December, 1820. He received dis-
patches from Colonel Arthur respecting the arrest of
Colonel Bradley. He answered the dispatch on the 24th
of July, and transmitted it to Sir Herbert Taylor.
Sir Herbert Taylor, Military Secretary to the Com-
mander-in Chief, received dispatches from General
Walker, inclosing dispatches from Colonel Arthur,
which were laid before the Duke of York. In Sir Her-
bert's opinion, the appointment of Colonel Arthur to
Honduras was not vacated by the disbanding of the
York Chasseurs. He could not resign that appointment
without the concurrence of his Majesty.
Cross-examined by Mr. littouonam:—General Fuller
'could not. appoint * civil person to the command at
Honduras. A half-pay Officer was not answerable to a
Court-Martial, nor to be called out in a military point
of view. He would further explain himself: supposing
the Governor of Jamaica chose to send out a half-pay
Officer to the command at Honduras, he could do it,
subject to the approbation of his Majesty, and his ap-
pointment would be effective till his Majesty's pleasure
was known. All appointments on foreign stations were
made subject to the approval of his Majesty.
Mr. BROUGHAM, in reply, said, that the Counsel for
the defence had not at all answered the case which he
had laid open to the Jury. He had not answered the
right of the defendant to arrest. The Jury must be
satisfied of the authority by which General Fuller had
appointed' Col. Arthur to the command at Honduras.
The Jury must observe the greatest inconsistency be-
tween the evidence of the General Officers who had
appeared there to-day. No authority from his Ma-
jesty appeared to have been given to Colonel Arthur t..)
continue in the command. The authority from General
Fuller must have terminated at the moment that Col.
Arthur's rank in the Army ceased. No mortal but the
King could confer on him a military character. He
ceased to be amenable to a Court Martial, having ceased
to hold a command in the Army. Colonel Arthur did
not even act on the appointment of Gen. Fuller. He
did not produce it at the meeting of the 23d, being
himself sensible of its uselessness. In his conference
with the plaintiff, he said, if he was really on half-pay,
heawould, of course, be relieved, as it was desirable
that the Superintendent of Honduras should also have
the command of the troops, thereby allowing that his
command had ceased. After having disposed of the
right of arrest, he came now to the period of confine-
ment. Seventy-three days close,onfinemerit in a nar-
row room, in that pestilential climate, until an order
cams from head-quarters to release him from that long

confinement, indicates anything but humanity in Colo-
nel Arthur, whose conduct was most unjustifiable.
The CHIRP JUSTICE said, that Col. Arthur was not
answerable for the conduct of his superior Officer. Any
delay that had occurred since the arrest was not the'
fault of Colonel Arthur.
Mr. BROUGHAM resumed.—The highest authority in
the law bad said, that any evil consequences which
might have befallen COl. Bradley, on account of his long
arrest, were not to be attributed to Col. Arthur, but to
the delay arising from the dispatches coming from su-
perior Officers; and it would be in vain for him to ad-
dress the Jerry on that point. The length of confine-
.ment—the injuries sustained in consequence—and the'
denial of justice in due time—were all points for the
Jury, in whose hands he would leave the case.
The Loan CHIEF Jorr:ca summed up in a most impartial
!strainer, and the Jury returned a verdict for the plaintiff on the
last point—confinement.—Damages, £lOO.
The cause occupied the whole of the day.