Star.
London, England, 1819-02-16 00:00:00

GENERAL COURT MARTIAL

We have already inserted the charges against 'Lieu-
,tenant-Colonel Hay, of the 18th .Hussars. On Toes
-
.day he entered on his defence. The Colonel said—
" The period is at length arrived which I have so
long and anxiously contemplated, and which affords
to me the opportunity of removing from -my charac-
,ter the foul imputation which these charges would
seek to lay upon it. I will not attempt to disguise
'from the Court that I approach this anxious moment
not without much agitation ; but I will add, that I
also approach it in the full pride of conscious inno-
cence, which assures me, that in this Assembly, where
truth and honour preside, I ha'i nothing to fear. I
have had the honour, Sir, to serve my country dur-
ing 26 years, hitherto with a character unstained; and
I am bold to feel and assert, that I shall not to-day,
for the first time, forfeit a reputation which it has cost
rue thus long to establish."—The gallant Colonel then
proceeded to advert to the peculiar character of the
charges broUght against him, and the period at which
they had been preferred. Ile said it was unneces-
sary to waste time in dwelling on the serious nature
of the accusation—it was one, at the bare mention of
which the honour of a soldier shrunk, and which
struck at the root of all that was dear to him, not
only as an Officer, but as a man and a Gentleman.
The Court would also bear in mind, that he was
called upon, after a lapse of more than five years, to
travel, item by item, through an account which the
exigencies of the public service, and other circum-
stances, had conspired to involve in the most distress-
ing complication. This observation derived its com-
plete proof from the manner in which almost every
witness examined for the prosecution, had given his
testimony. He likewise adverted to the clause in the
Mutiny Act, which provides; " that no person shall
be tried for any offence committed three years before
the issuing of the warrant for the trial." So anxious
was he for a full investigation of his case, that he
Waived the right which this clause gave. him, although,
if any case demanded the exertion of this privilege, it
was such a one as his, where accounts so perplexed
and varied were to be elucidated. Colonel Hay now,
proceeded, with great minuteness and precision, to
'detail all the circumstances connected with the trans-
actions in which he had been engaged on account of
the 18th Hussars, during, the period embraced by the
charges, and the difficulties which he had to encoun-
ter in equipping the men ; which he summed up by
reading a regimental order, signed by Colonel Mur-
ray, the prosecutor, on the 22d of July,lBl4, in which
Colonel Murray expressed himself highly pleased with
the depot squadrons, With the horses purchased by
Colonel Hay, and the excellence of the new appoint.
ments. " Their good appearance lie said, " repaid
Colonel Hay for the trouble he had had in the di-
rection of the depots." He next drew the attention
of the Court to the transactions between"
Serjearit Patrick au .mself. Patrick, he said,
though only a COrporal, was a sort of tradesman, or
merchant, who made up clothing for the men, ob-
taining the materials on his own account and crbdit
(as had appeared by his evidence), where andlow he
thought proper. This man was perpetually repre-
senting to him, (Colonel Hay,) that he was owed large
sums by the Officers on service, which, till their re-
turn, he could not obtain; and that, in consequence,
hL7\ was unable to pay his tradesmen. Under repre;
sentations such as these) he advanced him from time
to time monies on account, for the purpose of paying
those men; and saving, as he hoped, the credit of
the corps. The vouchers for these payments he was
fortunite enough to possess. He would shew that he
advanced him £55 by cheques on the Union Bank at
Arighton; and £5O in cash, for which he bad his
own written acknowledgment; sel4 which he had
admitted to have received • E4OO in two bills on Cox
and Greenwood, for which he had his receipts ; also,
£57 paid to Meyer for fur; L'T 101. to Messrs. Mar-
tins ; and also, £687 10s. to the same persons ;
at the same time to Patrick himself; (also admitted
in his evidence,) and £5O on account of his accep-
tance, making a total-of £1971; which, in point of
fact, exceeded his receipts, he having never received
more than £1,354 18s. 1 lid. With regard to the
0200 asserted by Pattick to have been paid to him
in the Barracks at Brighton, he declared solemnly, in
the face of his profession and his GOD, that he had
never received any such sum. He next remarked
that Patrick's accounts were in such a state of con-
fusion, that at the time when he took the benefit of
the Insolvent Act, he was unable to account for up-
wards of £BOO, notwithstanding which circumstance,
immediately on his release from prison, he had been
restored by Colonel Murray to his former situation,
and was clothed at once with the power of commit-
ting similar frauds. The Colonel then stated the fact
of Colonel Murray having actually authorized Patrick
to receive from the Paymaster, and to squander,
nearly £6OO while thus indebted. A fact which
Colonel Murray had studiously avoided to mention
in any one of his bills to the Horse Guards
Upon the third charge, namely, as to neglecting to
account for the bills and sums of money which he.
had received, Colonel Hay proceeded to read a letter
"which he had written to Colonel Murray from Ireland,
explanatory of the whole affair, asmell as to allude
*to au interview which he had had with Colonel Mur-
ray in London, in 1817 ; in which he fully explained
every item of the accounts, and on which occasion
"Colonel Murray declared that he was not aware that
he was provided with, such satisfactory documents.
"Colonel Hay also read a letter written upon the same
subject to the Major of Brigade, (Childers,) in June,
'lBlB, to be forwarded to the Commander-in-Chief, in
'which he explained the claims of Messrs. Prater, and
called for a court inquiry to investigate his case.—
The transmission of this letter he mentioned to Co-
lonel Murray on the 9th of June, and explained his
wish for a Court of Inquiry; and yet on the 16th
Col. Murray wrote him an official Letter calling on
hint to account for the monies We had received. He
could not help remarking, that Colonel Merray's
correspondence, not only with the Horse Guards, but
also with the Commander-in-Chief; appeared to have
been dictated by the most determined animosity tia-
wards him, with the uniform purpose of prejufficing
I;iseliaracter. CoL Hay then read other Letters from
himself to Sir H. Torrens and to Sir H. CalVert, in
4hich he appeared to be equally solicitous for-an in-
vestigation of his case in the most ample manner.
In conclusion, Col. Hay commented with great ener-

igy on the conduct of Col. Mutiny, whop while grasp.
( ing Milian'', and living with him on terms of tie
greatest apparent intimacy, could yet prefer against
a brother officer, senior in the service to himself For
many years, an accusation fraught with a wound,
hardly to be assuaged by the most honourable ac-
quittal ;-,-and this too after a proposition on his (Col,
Hay's) part, to bear his proportion of any loss which
might arise from the extravagance of a tailor, pro-
vided Col. Murray. would be accountable for the sum
which he had so imprudently signed away.
Scrjeant Patrick was then called in and examined.
Tht receipts referred to by Col. Hay in his defence,
were put into his hand ; he acknowledged them to
be his hand-wilting, but objecied to their being read.
In his cross-examinatiou by Col. Murray, he said,
two of these receipts, one for £5O and another for
£3OO, were signed by him by Col. Hay's request, at
a place called'Clarques, in France, in ,1818, and that
Col. Flay had promised to do something for him, as
an inducement for him to sign them : he denied that
he had received Any consideration for them.
The witness underwent a long subsequent exami-
nation by the Court, in which his prevarications were
frequent.
Col. Hay said, that most fortunately he had a Gen-
tleman in attendance to prove another document,
who would completely refute all this unfortunate
man had been saying.
Lieut. French was then called: He deposed, that in
1817, he was in the 18th Hussars. He came home
from France in that year, and in April and July had
frequent interviews with Col. Hay. He mentioned
to Col. Hay, observations which had been made in'
the regiment respecting his accounts, when Col. Hay
shelved him vouchers and other documents, from
whence he concluded that money was due to Col.
Hay, rather than that Col. Hay was in debt.. He
particularly remembered the receipts produced: one
of them, that for 4200, was written on the back of
a frank • he had no doubt those now shewn to him
jand said by Patiick to have been signed in 1818)
were those he had seen with Col. Hay in 1817. Col.
Hay had expressed himself most anxious to have his
affairs with the regiment thoroughly investigated. As
an old friend of Col. Hay, he had been particularly
attentive to all he stated.

Col. Hay ; I shewed those very receipts to Col;
Murray himself, at our interview in 1817.
Col. Hay then called Mr. Pocock, of the Union
Bank, to prove the payment of £55 to Serjeant Pat-
rick, under the authority of Col. Hay's checks. Mr.
Martin and Mr. Meyers were also called to prove the
sums paid to them by Col. Hay on Patrick's account,
which, together with. Patrick's receipts, acceptances,
and admissions, proved the total amount paid by Col,
Hay on Patrick's account, to be £1371, thus account-
ing for the disbursement of more than the sum ac-
knowledged by Col. Hay to have been received and
embraced by the preset charges.
Col. Murray, the prosecutor, wal then examined,
He adnftted.that he was in London in July 1817,
and that at•the time he had an interview with Col.
Hay on the subject of the regimental accounts. At
that interview, Col. Hay shewed hEim a number of
receipts and vouchers. Col. Hay remonstrated with
him oa having made a statement at the Horse Guards
on the subject of these accounts, without communi-
cation with him. He answered, that his reason for
not communicating with him was, that Cot Hay had
neglected to acknowledge letters which he had writ-
ten on another subject on a former , occasion. The
letters written to the Horse Guards relative to the
matters contained in the present chairs, were sub-
sequent to the interview with Col. Hay in 1817. He
did not consider the explanation of Col. Hay as
official: no accounts were produced,' except a state-
ment on a small bit of paper. H. saw only the re-
ceipts, without the accounts. While the regiment
was at Etablis in June, 1818, he recolleCted Col. Hay
telling him that he had applied for a Court of Inquiry
to the Duke of York, on account of his conduct re-
specting these • accounts, and on the, occasion of,
Messrs. Prater's complaint.
Col. Hay now asked whether Col. Murray did
not recollect having, in the year 1817, in a conversa-
tion with an Officer, said that be had given Col. Hay
the coup-de-grace in a letter to the Commander-in-
Chief.

The Court objected to this question, inasmuch as
the person might be brought forward as a witness to
whom the conversation had been directed.

Col. Hay said, he had a delicacy in mentioning the
Gentleman by whom the fact had been stated to him,
although he was fully capable of proving the words
imputed to Col. Murray,
The Court then put a great number of questions
to Col. Murray. Among others, he was asked, whe-
ther he did not conceive it to be the duty of a Com-
manding Officer of a regiment to inspect the ac-
counts, and more especially those which were in dis-
pute. He answered, that the accounts in question
were shewn to him in town, when he was away from
the opportunity of all communication with those who
could give him information upon the different expen-
ditures. They were not delivered to him officially.
'He was then asked, whether he had applied to Col
Hay for the particular accounts to, which thececeipts
shewn to him applied ? He answered, that he thought
he could pot speak accuratiely to that question. Ile
did not know whether the Iccouats were in that room
or not. The receipts were merely laid on the table
but he could not speak accurately as to what passed.
Perhaps Col. Hay might bring it to his mind.
Colonel Hay--. 1 shall be happy to assist your me-
mory ; and I trust the Court will allow rne a similarl
indulgence as the prisoner, if I am equally deficient
in recollection with my prosecutor.
Colonel Hay then put into Colonel Murray's handl
a Dr. and Cr.'s account of the receipts and expendi-
ture of 13541 18s. llid. which he said was the iden-
tical paper he had :hewn to the prosecutor.
Colonel Murray said, he thought it Was a smaller
bit of paper.
A Member of 'the Court—The size of the paper
does not,signify, so that you saw' the account.
Colonel nap.—It is the same paper, and in an In-
terview of near three hours, I explained every item
which it contains.
To further questions he answered, that he 118 WeI
Colonel Hay was respeasible`te some of the trail";
men of the regiment ; that he had not heard that
Serjeant Patrick had signed the receipts produced in
France in 1818, and ,dzted Brighton, until within
the last two or three days ; but upoa recollection he
believed that some inslauadon of the nature had been

thrmvsk qui by Sesjeant Pastel:: at.Clarsues, but it
was not mentioned to him In a specific shape, and he
paid no attention to it. .thitetpernberecl the words.
made.use of were, "That Colonel Hay hack wanted
leant Pattick to do something that he was afraid
f
o.t He knew that Serjrant Patrick owed a large
sum On account of the 18th Hussars, at the time he
obtained the benefit'of the Insolvent Act, and yet he
restored him to the situation of master tailor upon
his joining the regiment.
A Member of the Court said he did not think Co-
lonel Murray was bound to answer such questions as
the latter, inasmuch as it was not him, but Colonel
Hay, who was upon his trial.
Lord Stewart, Lieutenant-General Spencer, and
several other witnesses to character, were then called,
whose testimony tended to confirm in every respect
the defence set up by Colonel Hay. The letters and
documents adverted to in the speech for the defence
were likewise laid on the table.

Friday the Court assembled, in pursuance of ad-
journment, when Colonel Murray proceeded with
is reply.
Colonel Hay expressed a desire to explain some
points alluded to by Colonel Murray; 12ut the Court
said, that a reply upon reply was contrary to all
precedent.
Colonel Hay—l bow with submission. I was merely
desirous of explaining some allusions to my defence.
which I think are unfounded ; but I leave my case in
the hands of the Court, with the most perfect reliance
on their justice.
The Court was then cleared, and the Members,
proceeded to consider the case. The decision of the
Court will not be known till submitted to the Duke
of York.

The following Reductions have occurred within
the last month, in the Royal Artillery and /loyal En-
gineers :
Royal Artillery.--Ist Captains—Francis Knox,.John Briscoe,
John Taylor, Brevet, Jenkinson, Henry Pierce,
Nicholls, Alms, Rawlinson Harrison, Kerby, Adye, Dien,
Bales, Cobbe, Gordon, Lane, Kettiewell„ ilfercef, Lloyd, Clib-
born, and Grant.
First Lieutenants--Charieton, Dunecliffe, Selywn, Gillespie,
Garton, J. A. Wilson, Multistep, Dickens, Dawson, Wraxall,
Lindsey, Ford, Towkins, Poole, Tristram, Willirms, Pickard,
Greenwood, Morgan, R. G. Wilson, Moieswerth, Coppage,
Burn, Doyle, Burnaby, Smyth, Lys, Blake, Watkins, Cotton,
Jago, Palmer, Griffin, Lethbridge, Somerville, Simmons, Mikes,
Lyster, Cornelius, Walsh, Hen's, Robinson, Green, Johnston,
Kett, Hare, Griffiths, Hume, and Scott.
Second Lientenants.—St. John, Durres, &nyth, Severne Hol-
lingworth, Wingfield, Tulloh, Farrell, May, Heywood, Brewer,
Knowles, Poole, Henry, O'Brien, Mudge, Henry, Briscoe, and
Beauchamp.
Adjutant Mickley—Quarter-Maker Crawford.
Medical A•partment.—Assio•••• 0- -
IL D.—Veterinary Surgeons Cordeaux,
nor, and Lytbe.
Field Train Depertinent.—Comr"
j Commissaries Fondall, Croswell, Benton, and Rothney.
Royal • Captains Smith, Jones, Hustler, Moody,
Hanryses, and Dixon.
Samna °gamine-Tapp, Major Reed, Meldursb, Ord, Halms,
Bietik Illaeauley, and Xelsall.
Ent Illisbazants—Minchin, Paris, Patten, Baddeley, Dalton,
Dm, Lewis, Backeston, Beapie, De plat, Boldero, Bugden,
Heath, Villiers. J. Briscoe, Clavering, Wolff, and Hore.
Ascend Lleutenants—Edride, Twiss, Smith, Fraser, Walpole,
Trsvdyan, and Dixon.
The number of Artillerymen discharged within the
last month, amounted to 1400.

Mathew Kenny,
rd, Burtt, O'Con-

Edwards--Assistant—

LONOZVITT.—There is living in the Commune of
Lenlinghem, Arrondissement of St. Omer, an indi-
vidual of the name of Lieven Perin, who has at-
tained the age of 104 years. He bas three living
sons, the eldest of whom is 73 the second 67, and
the youngest 65.
CAUTION TO SEETANTS.—A case vas decided on
Wednesday, at the Court of
.Itequests in Bath, of a
servant man suing his master for a month's wages,
in consequence of his being dismissed from his situa-
tion without a regular notice. The defendant having
'proved negligence of duty and disobedience of or-
ders by the complainant, the Commissioners decided
that a master or mistress is not bound to retain a
negligent or disobedient servant in their employ, af-
ter repeated bpt fruitless admonition ; and that a ser-
vant thus offending is not entitled to recover an extra
month's wages, in case of sudden dismissal.
Last Week William Brown was committed to Co-
ventry jail, to be tried for the wilful murder of Eliza
Brown, his own child, by throwing scalding water
over her while in her mother's arms. The brutal act
was done in a fit of passion, and without any provo-
cation. The mother is in a dangerous state.
Friday, the Commissioners of • Hackney-coaches
convicted the driver of No. 132 in two penitlties of
10s. each, the one for being absent from his coach,
and the second for carrying a person about his coach
without the consent of his fare.—The owner of No
153, in the penalty of 101. for refusal to take a fare
from the Theatre, after having been hired, and ne-
glecting to demand a sum of money in hand (as he
was entitled to do by the 48th Gee. 111. cap. 187, s.
7), he ignorantly supposing that he was not compe,lia.
ble to wait unless a sum was given as a retainer, If
coachmen are hired and directed to wait at -public
Sages, or elsewhere, and no money is given them
when demanded, 'they are not compellable to wait,
and even then they are' not compellable to wait any
longer than such sum so received be consumed for
the time they shall have actually waited.
A letter from blaestricht, dated February 7, says;
A shocking .event which has taken place in our
neighbourhood lately, proves both that human wick-
edness is without bounds, and that the vengeance of
HEAVSN is inevitable. A newly married couple were,
obliged by the badness of the weather to cross a little
wood on foot. They were attacked by a band of
villains, ill-treated, stripped stark naked, and finally
hanged up to the trees. No trace by which the ruf-
fians could he pursued remained. A carrier, in
passing, discovered the unfortunate victims ; on
shaking them he perceived that the husband was
dead, but that the young woman had slipped one of
her hands between the cord and her neck. Ile co-
veted, the unhappy sufferer with his frock, placed her
upon his, car, and conducted her to the nearest inn to
have her taken care of. Coming amongst the per-
sons who were tippling greatly affected, he related
the shocking adventure,: and 'hewed them the young
woman. One of the 'spectators, agitated, cried out
try, ' Heavens it is the women ghat we hanged t
cry was a clap of thunder for )14 actemplices
who fled in every direction; they worse pursued, one
Of them wquuded a gendarms, several were arrested,
and there is no doubt that a severe act of justice will
soon avenge the victim their families, and society!'

SPORTING.

BETTING AT TATTERSALL'S YESTERDAY.
RIDDLZSWORTIL
9 to I apt tiro. to
110 to 1 apt any othcr:
20 to 1 eget Wildfire
it: •0 1 apt The Di.mi6e
24 to I apt Saar

9 to 2 apt Treasurer
11 to 2 apt Blue Stuckints -
DE I

ato 1 agst Euphrates •
10 to 1 opt Lord Jtnicy's colt
15 to•l apt Pledge
110 to 1 Morel

6 to 1 agst Blue S•oekings
13 be it asst Brrrosa

1.51 't 1 nit

II to 1 ag3t The Laird
9 to 1 agst Mandate
13 to 1 Apt Minos

,EGER.
111 to I age Liser.t
to to I agst any caber.

HUNTING.
Tbe Prince Regent's Stag-honnds meet on Friday, at r
The East Essex Fox-hounds meet on Thursday, at Wo
field Town.

The Hatfield Hounds meet on Thursday, at Alto: Dm na
Droadwater ; Faturday, at Warren Gate. ,
The Duke of Grafton's Hounds tn.fet tc-tnerrar, at Cat:,
Norton; Friday, at Wistley Wood.
The Oakley Hound* met this day, at Clapham Park;
day, they will meet at Astwood Bury ; Sr =day, at Ply
The Qt:orn Hounds meet to-morrow, at Cotes
Thursday, at Rearsby ; and Saturday, at Braunston.

w,;d

. .
NENV GATE AIM LF. 1D ENH ALL MARKETS, Fa% 3.
(By the Carcme.)
Beef Ss Sd to Ss Od I Veal 4l lid to Cs
Mutton ss Od to Ss 2d 1 Pork Ss 4d to es
PRICES or HAY plusrßAW YESTERDAN."--"
ST. JAMES'S. WHIM:HAM
Hay ...GI Os Od to SI os Od alt... 61 12s to 71 16101
Straw 31 Os Od to 31 Gs Od Strzw 21 Its to 3i oi tii
Clover SI Os Od to 01,os Od Clover 81 Os to 91 Os A