Star.
London, England, 1813-11-03 00:00:00

PRICE BLXIIIIqCB RAY PBNNt.

,
•
othip arrest; the delay in preferring any elates
aelntt likm, and the alniest sce al change in the charges
ongiiialli given in, and which his been occasioned hr
the alsetace of the prosecutor ; the period prescribed br
the articles of war tor the trial a offences, havi.,g
been suffered to elapse from no fault on the part of the.
prisoner. Although the Court cannot approve of
the number of letters written by the prisoner, or of
many of the expressions addressed to his C tmminding
Officer,. which are evidently disrespectful, and con-
trary to the regular mid officer like mode wh ch
ought to have been pursued; they have been ;At-
enced in finding a lenient sentence, by a cnnsideration
-for the irritated feelings Inseparable from human na-
ture under such circumstances ; and Nall t, by an
opinion that many of the letters complained of might,
and ought to have been prevented by a r lma' on the
part.of the prosecutor to enter into a correspondence
with the prisoner, after having put him in arrest ant
preferred c!:arges.
'e• The Cow t feel themselves called upon to notice
the many heavy charges which the prisoner has so
positively *settled he is prepared to substtntiate
against Colonel Orde, and of which the Court were
prevented elite; ing into a full investigation, of deere
ing it their duty simply to ascertain if CarlainTryon,
in extenuation, could produce any matter to ground
such serious charges rind assertions against his Coin-
molding Officer. (Signed) " THOMAS SAUMAREZ,
• ajor-General soil President."

" HORSE GUARDS. JANUARY 2.
" Having laid before the Prince Regent the pro-
ceedings of a General Court Martial held at Halifax,
Nova Scotia, on the 28th of August, 181 Z and con- •
tinued by adjournment to the 28c1 of September fol-
lowing, for the trial of Colonel James Orde, of the
99th (or Prince of Wales's Tipperary Regiment), who
was arraigned upon the under-mentioned charges, viz .
" FrarrCHAIG KL-For conduct unbecoming the cbaractFr ofae
Officer; in flogging, without a trial, several of the arddiers.of the
99th Regiment, while at Bermuda and under his command, con-
trary to his duty as an Officer, and contrary to the Articles of War.
" SECOND CIIARGE—For scandalous and infamous conk:uct,
such as is unbecoming the character of an Officer and a Gear
man; in defrauding Mr. George Mathew, the Quarter-Mailer
of the 99th Regioncht' 0 out of the sum of .43. 3s. Tied. whist •
that Regiment was at Bermuda, under hii command.
" THIRD CHAROLI—F or tyranny and oppression, from the
Grim he joined the Regiment, in December, 1807, to the present
period.—put no specification appears in the Charges.)
" Upon which charges the Court came to the fol.
lowing decision :
" The Court Martial, after the most attentive con-
sideration and mature deliberation on the prosecu-
tion, evidence adduced in exculpation, and prisoner's
defence, are of opinion, on the First Charge, that the
primer, Colonel James Orde, is Guilty.
" On the Second Charge, the Court are of opinion
that the Prisoner is not guilty to the full extent, as
expressed in the charge ; it not having been clearly
proved that his withholding from the Quarter-Master
his just dmproceeded from a positive and deliberative
intenticn on the part of Colonel Orde •co defrJud
Quarter-Master Mathew; the Court do therefore led
themselves warranted, in the application of the epi-
thets affixed to the transaction, viz. scandalous and
infamous.' The Court, how:ver, are far from exo-
nerating the prisoner from agreat degree of blame and
most culpable neglect, as it appears that the Quarter-
Master's claim is just, and that he is entitkd to the
full amount thereof ; and the Court are further of
'opinion that Colonel Orde ought in justice to have
liquidated this debt previous to his leaving Bernuda.
" On the third charge, the Court are of opinion
that Colonel James Orde is guilty.
" The Court having found the prisoner, Colonel
James Orde, guilty upon the first charge, and upon the
second charge, although not to.its fullest extent, and
also having found him guilty upon the third charge,
they do therefore sentence him, the said Colonel Orde,
Lieutenant-Colonel of the 99th (or Prince of Wales's)
Tipperary Regiment of Foot, to Ei Cashiered.
" I ant to acquaint you that the Pirtuce REO6IIT
was pleased, in the name and on the behalf of his MA.
JghTY, to approve and confirm to much of the finding
of the Court as relates to the second charge ;tout the
first and third charges are so comprehensive in their
nature and so entirely deficient in a particular specifi-
cation of facts, as not to justify the Court in their ge-
neral finding of the prisoner's guilt in all the instances
upon which evidence was permitted to be adduced.
for although it appears that the pi isoner was induced,
from the disorderly state of the 99th Regiment, to unc-
tion a mode of punishment which cannot he legally
inflicted, yet in. no instance dces thi re appear to 'raft
been any gr •unds for imputing to ( olonel Orde 0 • her
tyranny or oppression to the °dicers or arhia u ati.ir his
command.

44 I have the Prince Regent's further commands
to observe upon the irregulatity of the Court in hay.
ins taken cognizance of the retrospective accusations
against the Prisoner, contrary to the objection, as
grounded upon the llitth section of the Mutiny Act,
without entering upon their proceedings sufficient evi-
dence of those manifest impediments which had oc-
curred to prevent an earlier trial. and which could
alone have justified the Court in the admission of the
charges preferred by the prosecutor, Captain Trybn,
" Under all these circumstances, and in considera-
tion of the-high and irreproachable chatictcr which
the prisoner has ipivariably borne in public and pri-
vate life, his Royal Highness was pleased to consider
him (Colonel Orde) a proper subject for his gracious
pardon cf the seutevce adjudged by the Criurt-Mar-
tial, and to command that be should be restored to
the functions of his commissicu.

W In consideratson, however, of the negligence
which gave occasion to the error in the accounts
upon which the second charge is founied, and as a,
mark of the Prince Regent's displeasure at the sinc.
uon given by the prisoner to a moJe et piinishistlnt
so inconsistent with the just rules and regulations of
the service, his Royal Highness was pleased to tm-
mand that Colonel Orde shenll be severely repta-
manded.—l am, ice. (Signed)
FttaxaticK, Cunamander-in-Chief."