Star.
London, England, 1810-08-25 00:00:00

had any cholla 6r Intention of making any charges
against Captain Mason, not did he ever authorize
any. person to make any charges against him, &c.
whirl paper witness signed at the request of Cap-
tain Mason, in OIE.

the presence of three other
cets and witness conceived that, froth the circum-
stance of their being present, he was bound to sign
any th 7 • that they afid from the,

.1y , iing requested ; it tno-
t.ve, and from that Motive only, had he signed it.—
Witness never spoke to Holster, a baker, on the subs
ject of Capt. Mason's blow. The paper above then•
tioned he signed just before the Court of Inquiry that
was lately held on Colonel Smith and Capt. Mason,
and that too through fear, for he had been ill-treated
by Capt. Mason, and dreaded the consequence of a
refusal. He never should have signed it from his
own free will.
Lieutenant Smart, Assistant-Surgeon, and a very
young man, was next called. He deposed, that he
had attended Serjeant Wood, in his professional ca-
pacity, about twelve months ago, he having com-
plained of labouring under a bowel complaint.—
Wood complained of having received a blow on his
left side, just under his ribs, this being about nine
days after the blow was alledged to have been given,
but did not desire witness to look at it, not did he
examine it ; witness did not think that the bowel
Complaint arose from that blow, nor did he treat
Wood as if it had arisen from such a cause ; witness
did not recollect that Wood had ever had any thing
ehe matter with him before the bowel complain:allu-
ded to.
John Clinton, the second person named in the
fourth charge, was next called. He had been billed-
uit, I. e. confined, in the store guard-room, just after
Christmas last ; and while under arrest was compel-
led to mount guard, and all this too by the order of
Capt. Mason. He was confined from a Tuesday to
the Monday following ; and, while so confined, was
taken very ill, owing to the manner in which he was
obliged to sleep in the guard-room, sometimes lying
on the floor, and at other times on some stairs, with
Only a brick, a pint pot, or an old broom that he found
in the place for his pillow ; and at last he was fearful
of losing the use of his limbs ! Whilt he was so in
" durance vile," a great many ns were also un.
der confinement in the same hole or
guard-room, and
which caused the place to be so crowded, that they
could not all lie down at one and the same time !
Witness, from the effect of his confinement, and a
rheumatism and cough which had affected him for
the last two pr three years, was so weak and unwell,
that necessity obliged him to lay his almost lifeless
corpse on the bare boards of this hole-guard.rooin,
and while in that situation, the other prisoners being
so confined for room, waded over hied and while so
down, he was kicked up by a guard on duty I Being
so unwell, he applied for leave to go to the hospital,
which he obtained ; but when he returned, he was re-
manded back to his former place of confinement ;
and while under such arrest he was compelled to go
on guard, though from his confinement, the conse-
quence of which was a violent head-ache and extreme
weakness, he' was scarcely able to raise himself from
I
the stairs on which he was lying to go on duty.
In his cross-examination, he admitted that he had
written several letters, complaining of hard usage, to'
the Major-General commanding the brigade • and on
being asked whether he recollected Lord Banbury's
telling him that if he wrote any more such letters, he
(Lord B.) would have him tried by a Brigade Court
Martial.? witness answered,—" No I but I recollect
Captain Mason's telling me so."
James Hinton, the third person named 41 the fourth
charge, deposed that he had been confined in the store
guard-room by the order of Captain Mason ; and
that while under such arrest, he was ordered by the
Serjeant Major to go to work on the parade with his
hand-cuffs on one hand lln May last he had signed
a paper, at the request of Captain Mason, which was
similar to that signed by Wood, with the addition,
that he, witness, deserved all the punishment be had
received !
The President (Colonel HUNTER) here observed,
that he thought sufficient cases had been adduced in
support of this charge ; that he therefore deemed it
useless for the prosecutor to adduce any other case,
except there mht be some shade of difference.
The JUDGE ADVOCATE remarked, that it ought to
be left completely to the discretion of the prosecutor
as to the number of cases he would adduce ; and it
would afterwards be for the Court to decide whether
they were" contrary to the articlesand custom of war."
The PRESIDENT begged to be understood, that he
meetly observed what he bad, to direct the judgment
of the prosecutor.
George Hughes, Serjeant Major in the Tower
Hamlets, deposed, that he put James Hinton in the
wire guard-room in pursuance of a General Order
which he received from his Commanding Officer, to
confine all those who might absent themselves from,
or be too late for parade.
George Caviller deposed, that be was billed up is
the gore guard-room last winter, by Captain Mason's
(seders, and was confined during the space of five days,
and was very ill while there, though while under such
arrest he had been compelled to mount guard, ill as
he was. He got leave to go to the hospital, and when
he returned, he was again put under confinement.—
He knew it was from Captain Mason's orders, as he
heard them given by him. The offence was, witness
was very warm one morning when going on parade,
and the perspiration under his arms was such that it
caused his firelock to rust, and for that Mason ordered
him to be billed up, and set down for double drills !
This confinement caused him to be unwell, and he
told Lieut. Hubbard that his illness was owing to
'having been billed up.
Here closed the fourth charge, when the Court en-
tered on the fifth, which was for—
" Violently striking with his cane, on or about the 15th June,
I$Q7, John R,nding, a private in the ild company (when under
am), the bead of which entered his cap about three inches, and
.could-nor be taken out, but with force; likewise striking William
Blunt, a private in the Grenadier Company, on or about the 24th
of November, 1809; as well as William Wright, of the 3d Com-
pany, on or about the 19th of January, 1810, contrary to his
Majesty's Orders."
The prosecutor, in support of his fourth charge, Ihe JUDGE ADVOCATE informed the Court, that by
recalled Serjeant David Wood, who admitted that he the 126th Section of the Mutiny Act, they could not
signed a paper in the presence of Captain Mason and take cognizance of the case of John Reading, the
other Officers, but lie did not remember the contents. "I violently striking" being alledged to have taken
The paper was produced, and he acknowledged the place on the 15th of June, 1807, more than three years
signature at the bottom to be his; but said, that when prior to the issuing of his Majesty's warrant, dated
he thought something must were shewn, to prove that it could not have been en-
\he signed it there was not so much written as now the 17th of July, 1810, unless some sufficient cause
appeared to be on it •
have been added. The contents were, that he never quired into before.

and by unfortunate laterut ?harm, answered
However, he corrected himself, and said Not Guilty.
The prosecutor then called Captain Millar, Pay-
master of the 2d Regiment of Tower Hamlets Mi-
litia, who deposed that the bounties allowed by Go-
vernment for recruits were of two descriptions : first,
to those who enlisted out of the Local Militia, who
received 48.85. ; and to those who were raw recruits,
410. 10s. Captain Mason informed witness subse-
quently to September, 1809, that he was indebted to
the public a balance remaining on his account for re-
cruits, &c. after which he gave to witness a statement
of balance in his hands down to the time the recruit-
ing ceased. This statement was delivered long after
September, 1809, though witness could not tell the
precise period. Witness never received actual money
on account of those recruits who had deserted before '
their month expired, which entitled them to their full
bounty-money. Michael Downs was enlisted, and
shortly afterwards deserted, but could not tell the
time when the latter circumstance took place, not hav-
ing expected to be called as a witness, he did not pre-
pare himself with his papers.
On his being cross-examined by Captain Mason, he
said that the recruiting service ended in July, 1810,
and that he received the statement of Captain Mason's
recruiting account nearly about the time specified for
its delivery. There was an account between witness,
the Paymaster, and Captain Mason, respecting
.re-
cruits, owing to the delay of Government in issuing
money for the recruiting service, and Captain Mason
was considerably in advance to the public on this ac-
count. One hundred and forty recruits had been en-
listed, for which Government had been charged u
wards of 41000.
--- Shepherd, a private in the same regiment,
was then called. He had been Clerk to the Paymas-
ter from 1806 to July 1810, and then resigned. He
had never furnished Richard Throp, the prosecutor,
with any extracts from the Paymaster's books.
[[Here some papers, giving an account of men who
had been enlisted, and had a few days after such en-
listment deserted, and for whom full bounty had been
charged, were produced.]
The witness admitted them to be his hand-writing,
copied from his own private papers; and in supply-
ing those accounts, he did not conceive that he was
guilty of a breach of trust, because they contained
facts that were generally known in the regiment.—
Mr. John Mark then produced the regiment's levy
accounts from the War-Office, from which it appeared
that Michael Downs, who had enlisted on the ISth
October, 1809, had deserted on the 19th of the same
month, and for whom Government had been charted
the full bounty of 410. 10s. though Downs having
deserted within the month was not entitled to it.—
The name of Thomas Ward, which appeared in the
regiment's books, was next searched for in the Go-
vernment accounts ; but the name of a Janet Ward
could only be found, and the prosecutor afterwards
abandoned this part of the charge.
Captain Robinson, one of the Court, here observed,
that not one half of the men who joined a regiment
by enlistment stopped the month which was prescribed
by law, before they were entitled to the full bounty-
money.
Here the first charge closed.
On the second charge James Harrison was called.
He had paid Serjeant Baker 01. 10s. some time in
last September, to obtain his discharge, and one Ca-
vilier was appointed as his substitute.
Serjeant Baker deposed, that he received the above-
mentioned sum, and paid it to Captain Mason. Ca-
vilier was the substitute for Harrison.
George Cavilier said he received from Captain
Mason on enlisting into the Tower Hamlets, as
a substitute for Harrison.
James Greenway then proved, that he received only
£B.Bs. bounty, though a raw recruit. But his name
appeared on the books as Joists Greenway ; and no
other Greenway being in the regiment, the Court de-
termined to consider him as the person meant. It ap-
peared that 410. 10s. was charged to Government
for this man, as well as for Samuel Groves, who only
received 48. Bs.
After a Court of Enquiry, which was held some
short time since at the instigation of Richard Throp,
the present prosecutor, and out of which enquiry the
present Court Martial arose, Capt. Mason, it appear.
ed, delivered an amended account to the Paymaster
Millar, accounting for errors in the bounties given to
certain men, to the amount of 4201.
Here closed the second charge; and on the third
charge Thomas Brent was called. He had worked as
cooper for Captain Mason very often within the last
two years, working on those days on which he ought
to have mounted guard, but got excused from that
duty from the circumstance of working for Capt. Ma-
son. For such work he never received any reward,
other than being excused from mounting guard when
appointed. In his cross-examination, he admitted
that he had of late conceived Capt. Mason's conduct
towards the soldiers as harsh, cruel, and severe.
Here ended the third charge. On the fourth, Da-
vid Wood was called. He was a Serjeant in the Ist:
company ; while marching, he once got his foot in a
bole in the ground, which caused him to stumble—
when Capt. Mason came up to him and hit witness
so hard with his cane as to knock him down ! This
blow stunned witness so much, that he scarcely knew
where he was or what he did; but Capt. M. ordered
him immediately to take the command of a division,
.or he would put him in the guard-room. After this
witness was very unwell, nor was he now recovered,
and he could attribete such illness to nothing else but
'the blow he received just under his lower ribs from
Capt. M. as he had always before been a hearty man.
Yesterday the General Court Martial re-assembled
at Chelsea.