Star.
London, England, 1825-02-01 00:00:00

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By his good conduct he was raised from the rank, to he
Quartermaster-Serjeant ; And, while he was in ezrecta•
tion of being immediately promoted to a higher rank,
in the early 1 art of June, 1819, he and his Regiment
uer.,e, at .Halts, a Charge was made aga:r.st him, in con-
sequence of some discontents that existed in the Regi-
ment The defendant was at that time Governor of
Malta, in the absence of Sir thomas Maitland. The
charge was, that the plaintiff had issued tainted pork
to the Regiment ; a charge which oug'it not to have
affected the plaintiff, excepting so far as that he had not
complied with a regimental order (a to ise and excellent
regulation no doubt it was), which required that he
should shew the meat every morning td a superior
Officer appointed for t'rat purpose before he had issued
it. For this breach of duty, which he (Mr. Brougham)
would not attempt to kis:4, he was tried by what
was called a Garriion Court-Martial, consisting only
of three Members, and indeed mate resembling a
Court of Inquiry than any other sort of tribunal.—
That Court sentenced him to be degraded to the ranks,
and while the inquiry was going on, he WA•i of course
placed under arrest. Those proceedings terminated
about the 25th of June, when he was liberated, and on
the:27th he was reduced to the ranks in pursuance of the
sentence of the Court. -Here; then, was the beginning
and, the termination of the charge made against him
before the Garrison Court-Martial. Sentence was passed,
and it was fulfilled on the 28th of June. With that
sentence, the arrest which the plaintiff suffered und-er
it, or the degradation which it inflicted upon him, the
present action had nothing whatever to do. The Jury
would now hear what followed. On or about the I,t
,pf July fallowing, the plaintiff was arrested and con-
fined, not to his private room, but was hurried at once
to a prison called the Provost Prison, which was acorn-
mon receptacle for every kind of male:actor in the
regiment—even for those accused of capital offences. At
the same time there were prisoners under :aid) charges,
and some of these of a description not to be named.
The rlaintiff was confined in a cell, the door of which
was not opened for three days to admit the fresh air,
although in the midst of the dog-days, and that too in
a very sultry climate. Is consequence of his represen-
tations, the door was afterwards allowed tar be opened
from the morning till the evening gun, although in the
evening the heat of that climate did not usually very
much subside; and • in the interval he was allowed to
walk up and down the passage which led between the
cells tram one side of the prison to the other. What
his crime was—what was the charge against him, lie
was wholly ignorant. All he knew was, that he was
thus treated without any accusation. The access to him
of his family was not indeed denied ; but it was allowed
in so stinted a measure, and under such harsh conditions,
that it was anything to him but a consolation. His
wife was never permitted to see him, except in the pre-
sence of the gaoler, who stood between them to hear
everything that passed. The victuals whigh were
taken to him he was not allowed to share, until they had
been previously torn to pieces; under the pretence of
examining whether they concealed any written com-
munication from without. On one occasion, so suspi-
cious was the gaoler, that a lemon which was sent to
tire plaintiff for the purpose of allaying the burning
thirst excited in such at climate, was cut into four quar-
ters, in cider to afford an opportunity of seeing whether
any note or token of any kind was concealed in the
rind. In this prison, and suffering under this harsh
treatment, was the plaintiff kept till the 5:11 or fith of
October. A few days before that, Sr Thomas Mait-
land arrived at Malta, and the plaintiff was marched
out of prison and finally discharged, still ignorant of
the can-e of his imprisonment. When he went home,
he found his wife in a sick bed, his property gone to de-
cay, which prohiced so violent an effect upon him,
after his long and liaish imprisonment, that he was
seized with fever, and was taken to the Hospital, where
he was obliged to remain for some weeks. His reason
was affected ; he was treated by the medical attendants
as a raving madman; he knew none of the persons who
called to see him, even his wife and children he could
not recognize. When he was somewhat recovered, he
left the I lo:pital, but he found his household broken up,
and lus w;fe reduced by illness to death's door. For
these wrongs he now came before a Jury of his country,
and it was A circumstance upon which he was to be fe-
licitated, that his case was to be tried before such a Jury,
composed as it was of merchants of the most respectable
charaCter. The defence which would be set up by hit
Learned Friend, the Attorney-General, it was not diffi-
cult for him to anticipate, from the interrogatories which
were sent out to witnesses residing abroad, and the
answers they returned to them. To this topic he would
advert brand-bye. His client had to meet that array of
talent and skill which the Jury saw before them—he
had to meet the power and the purse of the Treasury,
which the Government lene to the defendant on this oc-
casion, for the furtherance, he supposed, of public jus-
tice. He had the greatest confidence in the firmness
and justice of the Jury ; and he hoped that this circum-
stance of the Treasury coming forward on such an oc-
casion, would turn rather in favour of the party who
complained than of the party against whom the com-
plaint was made. There was one topic at least which
it precluded the Attorney-General from using, that
heavy damages would ruin the defendant, if the Jury
gratified their feelings and their sense of justice by
giving such. It was indisputable, that whatever amount
of damages they would award, it was to come out of
the Treasury, and not out of the defendant's pocket.—
Alas Learned Friend being shut out from that topic,
would probably have recourse to another—that the
plaintiff was detained not as a prisoner, but for some
other purpose. The Jury would, however, have little '
difficulty in believing that a mhn who was confined in
a public prison,. ins-a cell twelve feet by eight, was a
prisoner and nothing less. Wird, he was a prisoner he
transmitted a memorial to General Layard, stating the
hardships which were so unreasonably inflicted upon
him, and praying that he might be relieved from them.
This memorial was presented to the General by a gal-
lant Officer, but he professed to have no time to read it ;
he pushed it away from him, and turned his hack on
the Officer who presented it. That gallant Officer re-
turned it to the plaintiff's wife, and de,ired her to keep
it carefully, for that it would he of use tn_ her another
day. It was to he hoped that the gallant Officer's pro-
phecy would be fulfilled on the present occasion. We
would now entreat the particular attention or the Juiy
to the defence which the opposite party meant to set
up. They intended to say, that a Major Trickey had
been put under arrest, charged with being in league
with M4Lityle, to give bad meat to the soldiers. With a
view to bring Major Trickey to trial, they therefore
thought it expedient to confine whom ? Major Trickey ?
No such tiring. Though nominally under arrest he WAS
allowed to go at large, and as Dl,lntyte bras the principal

witness against him, they confined M'lntyre, in order
to prevent any communication taking place between
him and Major Trickey ! This was their defence; and
i such a defence, far from operating a diminution of the
damages, ought to operate in aggravation of them. If
M'lntyre was an offender at all, he was so in a minor
degree ; and were they to be told that he was to be
confined to a cell, while the principal offender was al-
lowed
to go at large? Even this mode of defence,'
however, was repugnant to the facts of the case. For
the Jury would find that the plaintiff was enlarged
some days before Major Tr ickcy's trial was intended to
take place, so that if any cominunicat:on was likely to
be carried on between them, there was ample oppor-
tunity for it. It was said, indeed, that Major Trickey
resigned his commissions before his trial. This he felt
it due to that Gentleman to say, that although he did
resign, such was the opinion of his Royal Highness the
Commander-in-Chief of his conduct, that he gave him
leave to sell out all his commissions, not only those
which he had purchased, but also those which he had
obtained without purchase. But let that Gentleman's
conduct have- been what it might, assuredly it was
upon him the punishment should have fallen, and not
on the plaintiff. The Jury would, probably, hear. his
Learned Friend deprecate the idea of what were called
vindictive damages. Vengeance was something in-
flicted by way of punishment. He would not call
teein them to try General Lay ard, or to punish him.
Ail he would ask of them would be to give com-
pensation to a man who was irreparably injured.
—The only question for them to consider was, what in-
jery the plaintiff had sustained, and whit compensation
be deserved ? The Jury knew too well what high in-
terests is ere at stake in a question of this description,
to render it necessary for him to say one word upon
that roint. They knew how dangerous it would
be if the liberty of the subject were not held up by the
calur and steady judgment of its highest ministers—a
British Jury. They knew how perilous it would be not
to maintain that liberty, particularly with regard to
British subjects on service abroad, where the soldiers
had quite enough to suffer, without the superadditionl
of anything of this kind. They were too well acquainted
with all these great interests, for him to add one wortC
to the facts of the case, further than to express his cony
fident hope that the Jury would act by the plaintiff as
they would wish to be done by, if they their-elves, 01,1
any of theii children, were placed in a similar situation.'
Thomas Allam—ln 1819, I etas pioneer in the 10th'
Regiment of Foot, then quarte, ed at Malta. I have re-
tired on a pension. I knew M'lntyre in that regiment
sixteen years; in 1819, he was a quarter-master ser-,
jeant; he had a Wife and four children. General Layard
wa, the Governor in the absence of Sir Thomas Mait-
land. Sir Thomas returned a few days before M'lntyre
aas released. I was present when be was taken by the
Serjeant Major. after the Court-martial; that was the
Ist If July. He was taken to the Provost-prison.
never saw him there. I did not ask to see him. When
I brought the victuals for him, I asked for him. I saw
him again when he was released in October. When I
brought his food it was always examined. to see if there
were any holes in it. His wife was allowed to see him.
I remember a lemon being brought. h was cut and
examined. He was quite ill when released. He was
taken to the hospital, had his head shaved, and was blis-
tered. It was very warm, close, sultry weather when he
was in confinement. The Provost-prison consists of
cells underneath a bomb-proof building.
William M'lntyre—l was at Malta with my father,
the pl.4ntiff. I remember his being brought away by
Serjeant-Major Johnson. I went to carry victuals to
him. The Serjeant told him he must go down with
him to the Provost. I saw him in the Provost. I went
several times with his victuals. My mother went once
or twice. The Provost Serjeant was always present
when she was allowed to see him. He came out in
October. He was very ill when released. My mother
was confined three or four days before my father went
to the Provost. My father was a day or two at home
after the sth of October. He went then to the hospital.
I saw him there several times. He spoke as if he was
deranged. He did not know me or my mother. He
was about a fortnight in the hospital.
John Thompson—l am a Serjeant of the Regiment.
I acted once for two hours as sentinel over him in the
Provost. He was confined from the Ist of July to the
sth of October. *lnure was released two or three
days alter Sir Thomas Maitland's arrival.
Sir Robert Travers—l was in command of the 10th,
part of 1819. M'lntyre was Serjeant ; I remember his
confinement in the Provost after the Court-Martial. I
saw him there once, on the Sd or 4th of July, at twelve
o'clock ; the door was shut ; it was very warm. I
should think he could not be confined according to dis-
cipline, except by me, or the Governor. He might be
confined for a moment, but a report must have been
made. General Layard must have been acquainted
with his confinement, for reports are always made to
the Commander-in-Chief. The subject of M'lntyre's
confinement was talked of. I have no doubt the sub-
ject was mentioned, but I do not recollect the particu-
lars. I remember Mrs. M'lntyre coming to me and
begging my interference for him with the General. I,
did make application for him, but it was through Co.
lonel Rate; the General was in the country. The paper
given me by Mrs. M'lntyre, might or might not have
reached the defendant. The application was through
the Adjutant-General.
The evidence of Colonel Rate was read, from which
it appeared that General Layard had ordered the :sliest
and imprisonment, and that the reason was to prevent
any communication between M'lntyre and a superior
Officer, who were believed to have conspired in the
issue of the pork from the stores. Major Trickey re-
signed, rather than stand a Court-Martial.--This was
the plaintiff's case.
The ATTORNEY-GENIMAL addressed the Jury, and
began by expressing his conviction that they would de-
cide according to the evidence. The case was defended
by the Treasury, because General Layard, who had
served for fifty-three years in Spain and various other
places, was now absent, on the public service ; but if
any one supposed that, should damages be given, the
Treasury would pay it, he was greatly mistaken. The
plaintiff's character had been good, and therefore he
had been promoted ; but he lent himself probably to the
temptations of the offending person. It was not be-
cause his superior committed a fraud, that collusion
on his part could be justified. The plaintiff had made
an over-issue of beef without authority, and he had also
withdrawn beef and substituted unwholesome pork.
This was done in the absence of the Officer whose
duty it was .&o inspect the provisions. They could
not suppose that M'lntyre did not derive advantage
from this fraud. The men had n Aurally become out-
rageous at finding this unwholesome food. The plain-

tiff was found guilty, and degraded. M hen the de-
fendant arrived from Cephalonia, he found the men
still dissatisfied. A Court of Inquiry was instituted,
and the result was a determination to bring the offend-
ing Officer, to a Court-Mattial. He was put under arrest.
There were strong apprehensions that Wlntyre would
be tampere&with, and, in order to prevent that, ire
was put under confinement. The plaintiff was treated,
during his confinement, with all the lenity consistent
with the object. He admitted that the verdict must go
for the plaintiff, but he would satisfy them that the most
temperate damages would satisfy the case. Let them
give such damages as they thought he was entitled to.
Those damages would be paid out of the pocket of the
defendant, and not from the public purse.
The LORD CHIEF JUSTICE told the Jury; that as it
was properly admitted by the Attorney-General, the
plaintiff was entitled to their verdict, it was for them to
say what damages they ought so give. They had -been
tolti by the Learned Counsel for the plaintiff that those
damages would come out of the Treasury. This was
denied by the Attorney-General. The circumstance
was not at all material for their consideration, for the
damages should not be less if they were to come out of
the defendant's pocket, nor greater if they were to come
from the Treasury. It was said that the praintiff had
been harshly tteated in prison, a charge which was not
borne out by the evidence. Among other things it was
asserted, as a matter of imputation, that a lemon sent to
the plaintiff was cut into four quarters. What injury
was done to the lemon by cutting it into four quarters
he would leave it to the Jury to consider—(A laugh.)
The reason alleged for the confinement of the plaintiff
was certainly no justification of it. But be might men-
tion, that he had known instances of persons being
secluded in this country, whose evidence was material
in cases of felony, and who it was feared might be tam-
pered with. Whether that course was legal or not, it
was not necessary for him now to Sap When such a
questiOn should be brought before the Court in a regular
manner, then it would be hir him to offer his opinion
upon it. The case was in the hands of the Jury, and it
would be for them to take care that the verdict they
would give should be such as would appear to be the re-
sult of a calm and temperate judgment, and not of any
vindictive feelings.
The Jury deliberated for about five minutes in the
box, when they expressed a wish to retire, and the officer
1 was sworn to attend them. They turned about, how-
ever, again, and after a lapse of three or four minutes,
found a verdict for the plaintiff—Damages L2OO.
The verdict seemed to excite some surprise.
BUCKINGHAM W. RANKS. -
This case, which is an action of libel, was ordered to
stand for the Ist of March. .
The LORD CHIEF JUSTICE said, that he would sit at
Guildhall again on the first day after Term, but that pro-
bably for the remainder of the month he would sit at
Westminster. On the Ist of March he would resume
his sittings at Guildhall, and most probably he would
sit here for a fortnight, but that depended on circum-
stances which were not yet definitively arranged.

THE EVENING STAR•

LONDON.

TUESDAY, FEBRUARY 1, 1825.
•
THE FUNDS.
STOCK EXCHANGE, TWELVE O'CLOCK.
Consols opened at 931 for the Account ; there were some good
buyers in the early part of the morning, which caused them to rise
to 031 1.

110.

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